,^ ri 1 ; Bit?n jijUjifz; iiiiiiiiiliiiii: -iHiillUllll (!}nrtwU iCam Stlfnol fiibrarg KEA 4419l'r"""'»"»'tyUbraT, Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018032213 OFFICE CONSOLIDi^TION OF THE PUBLIC STATUTES OF THE PROVINCE OF ALBERTA 1906-1915 His Honour GEORGE HEDLEY VICARS BULYEA Lieutenant Governor EDMONTON: J. W. Jbffbby, Govebkuent Pbinteb 19 15 /■2> 4 c? / ^ TABLE OF CONTENTS 1. Autonomy Act. CHAP. 1. An 1906 PUBLIC GENERAL ACTS. Act for granting to His Majesty certain sums of money required for defraying certain expenses of Civil Government from, the First day of September, 1905, to the Thirty-first day of December, 1905, and for other purposes. 2. An Act for granting to His Majesty certain sums of money for the Civil Service for the Financial Year endmg the Thirty-first day of December, 1906, and for a portion of 1907, and for other purposes relating thereto. 3. An Act respecting the Statutes. 4. An Act respecting the PubUc Service. 5. An Act respecting the Treasury Department and the Auditing of the Public Accounts. 6. An Act respecting the Department of the Attorney General. 7^ An Act respecting the Department of the Provincial Secretary. 8. An Act respecting the Department of Agriculture. 9. An Act respecting PubUo Printing. 10. An Act respecting Public Works. 11. An Act to amend Chapter 24 of the Ordinances of the North-West Territories 1903 (2nd Session), intituled "An Ordinance respecting Local Improve- ment Districts." 12. An Act to amend Chapter 25 of the Ordinances of the North-West Territories 1901, intituled "An Ordinance respecting Villages." 13. An 14. An 15. An 16. An 17. An 18. An 19. An 20. An 21. An 22. An 23. An 24. An 25. An 26. An 27. An 28. An 29. An Act respecting Police Magistrates and Justices of the Peace. Act respecting Commissioners to Administer Oaths. Act respecting Coroners. Act respecting Notaries Public. Act respecting Sheriffs and Deputy Sheriffs. Act respecting Clerks and Deputy Clerks. Act respecting the Transfer and Descent of Land. Act respecting Suits against the Crown by Petition of Right. Act for the benefit of Mechanics and Labourers. Act respecting the Dental Association of Alberta. Act respecting Steam Boilers. Act respecting Real Property in the Province of Alberta. Act to make regulations with respect to Coal Mines. Act to regulate the speed and operation of Motor Vehicles on highways. Act to prevent Frauds and Perjuries in relation to sales of Real Property. Act respecting the Medical Profession. Act to amend Chapter 29 of the Ordinances of the North- WestTerritories 1903 (2nd Session), intituled "An Ordinance for the Protection of Game." , CONTENTS CHAP. 30. ■ An Act to supplement the revenue of the Crown in the Province of Alberta. 31. An Act empowering Municipalities to establish and operate Telephone systems. 1907 PUBLIC GENERAL ACTS. CHAP. 1. An Act for granting to His Majesty certain sums of money for the Civil Service for the Financial year endmg the Thirty-first day of December, 1907, and for a portion of 1908. 2. An Act respecting Controverted Elections. 3. An Act respecting the Supreme Court. 4. An Act respecting the District Courts. 5. An Act to amend the Statute Law. 6. An Act respecting Assignments and Preferences by Insolvent Persons. 7. An Act respecting Insane Persons. 8. An Act respecting Railways. 9. An Act to further amend Chapter 89 of the Consolidated Ordinances of The North-West Territories, 1898, intituled "An Ordinance respecting the Sale of Intoxicating Liquors and the issue of Licenses therefor." 10. An Act respecting Villages. 11. An Act respecting Local Improvements. 12. An Act respecting Public Health. 13. An Act respecting the Registration of Births, Marriages and Deaths. 14. An Act for the Protection of Game. 15. An Act respecting Noxious Weeds. 16. An Act resppcting the Manufacture of Butter and Cheese. 17. An Act to Provide for the Establishment of Public Libraries. 18. An Act respecting the Taxation of La,nd for Educational Purposes. 19. An Act respecting the Taxation of Corporations and Others. 20. An Act respecting the Legal Profession in Alberta and to establish the Law Society in the Province of Alberta. 21. An Act respecting King's Counsel and Precedence at the Bar. 22. An Act to am^d Chapter 38 of The Consolidated Ordinances of the North- west Territories, 1898, intituled "An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations." 23. An Act to incorporate the Historical Society of Alberta. 1908 PUBLIC GENERAL ACTS. CHAP. 1. An Act for Granting to His Majesty certain sums of money for the Civil Service for the Financial Year ending the Thirty-first day of December, 1908, and for a portion of 1909. 2. An Act respecting Inquiries concerning Public Matters. 3. An Act respecting the Remission of certain Penalties. 4. An Act respecting Constables. 5. An Act respecting Partnerships. 6. An Act respecting The Imperial Debtors' Act, 1869. 4 CONTENTS CHAP. . 7. An Act respecting the Enforcement of Judges' Orders in Matters not m Court 8. An Act to provide for the Garnishment of the Salaries of Civil Servants. 9. An Act to expedite the decision of- Constitutional and other Legal Questions. 10. An Act respecting Security to be given by Public Officers. 11. An Act respecting the Alberta Industrial School for Boys. 12. An Act with respect to Compensation to Workmen for Injuries suffered in the course of their Employment. 13. An Act to grant certain powers to the Minister of Education. 14. An Act respecting Government Telephone and. Telegraph Systems. 15. An Act respecting Gaols and Prisons. 16. An Act respecting Mechanics' and Literary Institutes. 17. An Act to amend The Coal Mines Act for the purpose of Limiting Hours of Vork Below Ground. 18. An Act respecting Drainage. 19. An Act respecting Poisons. 20. An Act to amend The Statute Law. 21. An Act respecting Seed Grain. 1909 PUBLIC GENERAL ACTS. CHAP. 1. An Act for Granting to His Majesty certain sums of Money for the Civil Service for the Financial Year ending the Thirty-first day of December, 1909. 2. An Act respecting the Legislative Assembly of Alberta. 3. An Act respecting Elections of Members of the Legislative Assembly. 4. An Act to amend the Statute Law (Part I). 5. An Act to further amend the Statute Law (Part II). 6. An Act respecting Arbitration. 7. An Act respecting Constables. 8. An Act respecting the Liability of Municipal and other PubUc Corporations upon Debentures sold at a discount. 9. An Act respecting Appeals from Assessments in Cities and Towns. 10. An Act respecting Official Auditors. 11. An Act respecting Sheriffs and Deputy Sheriffs. 12. An Act for the Protection of Neglected and Dependent Children. 13. An Act for the Payment of Wolf Bounty. » 14. An Act to Authorize the Guarantee of Certain Securities of the Canadian Northern Railway Company. 15. An Act to Authorize the Guarantee of Certain Securities of the Grand Trunk Pacific Branch Lines Company. 16. An Act to provide for an Issue of Guaranteed Securities of the Alberta and Great Waterways Railway Company. CONTENTS 1910 (1st session) PUBLIC GENERAL ACTS. 1. An Act for Granting to his Majesty certain sums of Money for the five months ending the Thirty-first day of May, 1910. 2. An Act respecting Land Surveyors. 1910 (2nd Session) PUBLIC GENERAL ACTS. CHAP. 1. An Act for granting to His Majesty certain sums of Money for the CivU Service for the Financial Year ending Thirty-first day of December, 1910, and for the Financial Year ending the Thirty-first day of December, 1911. 2. An Act to amend the Statue Law. 3. An Act respecting Witnesses and Evidence. 4. An Act to prevent Priority among Execution Creditors. 5. An Act respecting charges upon Land contained in certain Instruments. 6. An Act to amend The School Ordinance, The School Assessment Ordinance and The School Grants Ordinance. 7. An Act respecting the University of Alberta. 8. An Act respecting Truancy and Compulsory School Attendance. 9. An Act respecting the Bonds Guaranteed for the Alberta and Great Water- ways Railway Company, being an Act to specify certain defaults of the Railway and the consequent Rights of the Province. 10. An Act respecting the raising of Loans authorized by the Legislature. 11. An Act respecting the alleged claims in connection with the Alberta and Great Waterways Railway Company. 12. An Act for raising Moiiey on the Credit of the General Revenue of Alberta. 13. An Act to amend The Game Act. 14. An Act to amend Chapter 15 of the Statutes of Alberta, 1907, intituled "The Noxious Weeds Act." 15. An Act to amend Chapter 16 of the Statutes of Alberta, 1907, as amended by Chapter 20 of the Statutes of Alberta, 1908. 16. An Act to amend The Agricultural Societies Ordinance, being Chapter 17 of the Ordinances of 1903 (First Session), amended by Chapter 5, 1907. 17. An Act respecting Public Health. 18. An Act respecting the Rights of Married Women in the Estates of their Deceased * Husbands. 19. An Act respecting Hail Insurance. 20. An Act respecting the Sugar Beet Bonus. 21. An Act to amend The Alberta Land Surveyors Act. 191 1-12 JUBLIC GENERAL ACTS. CHAP. 1. An Act for wanting to His Majesty certain sums of Money for the Public Service for the Fiscal Years ending respecl ively the Thirtv-first day of December, 1911, and' the Thirty-first day of December, 1912" 6 CONTENTS CHAP. 2. An Act respecting Towns. 3. An Act respecting Rural Municipalities. 4. An Act to amend the Statute Law. 5. An Act to regulate travelling on Public Highways and Bridges. 6. An Act to regulate the speed and operation of Motor Vehicles on Highways. 7. An Act respecting Hail Insurance. 8. An Act to amend The Liquor License Ordinance. 9. An Act respecting the Operation and Inspection of Boilers. 10. An Act respecting the Department of Railways and Telephones. 11. An Act respecting the Department of Municipal Affairs. 12. An Act to amend the Act respecting Public Printing. 13. An Act respecting Surveys. 14. An Act to amend The Herd Ordinance. 15. An Act to amend The Railway Act. 16. An Act to authorize the Guarantee of certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company. 17. An Act to authorize the Guarantee of certain Securities of the Canadian Northern Railway Company. 18. An Act to authorize the Guarantee of certain Securities of the Grand Trunk Pacific Branch Lines Company. 19. An Act to authorize the Guarantee of certain Securities of the Canadian Northern Western Railway Company. 20. An Act respecting the Punishment of Corrupt Practices at Municipal Elections and the Trial of Controverted Municipal Elections. 21. An Act to provide for the raising of Money on the credit of the General Revenue Fund of Alberta. 22. An Act to give effect to certain provisions of The Dominion Lands Surveys Act in relation to property and civil rights in the Province of Alberta. 23. An Act to provide itir the early closing of Shops. 24. An Act to regulate Pool Rooms. 25. An Act to regulate Theatres, Entertainment Halls and Cinematographs. 26. An Act to regulate the means of Egress from Public Buildings. 1913 (1st Session) PUBLIC GENERAL ACTS. CHAP. 1. An Act for granting to His Majesty certain Sums of Money for the Public Service of the Fiscal Years ending respectively the" Thirty-first day of December, 1912, and the Thirty-first day of December, 1913. 2. An Act to amend the Act respecting the Legislative Assembly of Alberta. 3. An Act to Provide for the Initiation or Approval of Legislation by the Electors. 4. An Act respecting Mines. 5. An Act respecting Villages. 6. An Act respecting the Construction and Maintenance of Small Ditches by the Owners of Lands to be Benefited. 7. An Act to amend Chapter 3 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act respecting Rural Municipalities." • CONTENTS 8. An Act to amend Chapter 2 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act respecting Towns." 9. An Act to amend the Statute Law. 10. An Act to regulate the Purchase, Sale and Transfer of Stocks of Goods in Bulk. 11. An Act respecting Schools of Agriculture. 12. An Act respecting Co-operative Associations. 13. An Act to Incorporate the Alberta Farmers' Co-operative Elevator Company, Limited. 14. An Act for the Protection of Persons Employed in the Construction of Buildings and Excavations. 15. An Act respecting Agreements for the Sale of Farm Machinery. 16. An Act respecting Insurance Companies. 17. An Act for the Protection of Wages to Threshing Machine Employees. 18. An Act relating to Town Plaiming. 19. An Act to amend The School Ordinance, The School Assessment Ordinance and The School Grants Ordinance. 20. An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western Railway Company. 21. An Act for Raising Money on the Credit of the General Revenue Fund of Alberta. 1913 (2nd Session) PUBLIC GENERAL ACTS. CHAP. 1. An Act for granting to His Majestjr certain sums of money for the Public Service of the Fiscal Years ending respectively the Thirty-first day of December, 1913, and the Thirty-first day of December, 1914. 2. An Act to amend the Statute Law. 3. An Act to amend the Statute Law. 4. An Act to authorize the Guarantee of Certain Securities of the Grand Trunk Pacific Branch Lines Company. 5. An Act to authorize the Guarantee of Securities of Light Railways. 6. An Act respecting The Alberta and Great Waterways Railway Company. 7. An Act to authorize the Guarantee of Certain Securities of the Central Canada Railway Company. 8. An Act to authorize the Guarantee of Certain Securities of the Canadian Northern Railway Company. 9. An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western Railway Company. 10. An Act respecting the Taxation of the Unearned Increment on Land. 11. An Act respecting Commissioners to Administer Oaths. 12. An Act respecting Actions for Libel and Slander. 13. An Act respecting Infants. 14. An Act respecting Juvenile Courts. 15. An Act respecting School Grants. 16. An Act to amend The School Ordinance, The School Assessment Ordins nee and The Truancy Act. 17. An Act to amend The Liquor License Ordinance. 18. An Act to amend The Alberta Insurance Act. CONTENTS CHAP> 19. An Act to amend Chapter 19 of the Statutes of the Province of Alberta, 1907, intituled "The Corporations Taxation Act," and amendments thereto. 20. An Act to amend the Company Law. 21. An Act to amend The Rural Municipality Act. 22. An Act to amend The Town Act. 23. An Act to amend The Village Act. 24. An Act respecting Brands. 25 An Act to amend The Game Act, being Chapter 14 of the Statutes of Alberta, 1907, as amended by the Statutes of Alberta, 1908, 1909, 1910 (2nd Session), and 1911-12. 26. An Act to Provide for Giving Threshers a Lien in Certain Cases. 27. An Act for Restraining Dangerous or Mischievous Animals. 28. An Act relating to Liens of Woodmen for Services. 29. An Act for Raising Money on the Credit of the General Revenue Fund of Alberta. 1914 PUBLIC GENERAL ACTS. CHAP. 1. An Act for granting to His Majesty certain sums of monev for the Public Service of the Fiscal Years ending respectively the Thirty-first day of December, 1913, the Thirty-first day of December, 1914, and the Thirty-first day of December, 1916. ■ 2. An Act to amend the Statute Law. 3. An Act respecting the Taxation of Wild Lands. 4. An Act respecting Extra-judicial and other Seizures. 5. An Act respecting Succession Duties. 6. An Act respecting proceedings to secure Payment and Enforce Rights under Mortgages, Encumbrances and. Agreements for Sale. , 7. An Act to amend The Town Act. 8. An Act to amend The Village Act. 9. An Act to amend The Rural Municipality Act. 10. An Act to amend Chapter 20 of the ConsoUdated Ordinances of 1901, intituled "The Companies Ordinance." 11. An Act to provide relief to School Districts. 12. An Act to amend The Educational Tax Act. 13. An Act to amend The School Ordinance, The School Assessment Ordinance, The School Grants Act, and The Truancy Act. 14. An Act to amend Chapter 13 of the Statutes of 1908. 15. An Act to provide for Taxation of Persons Holding or Operating Timber Areas. 16. An Act respecting a Contribution to the Patriotic Fund. 17. An Act respecting Transfers of Executions and Judgments. 18. An Act respecting Circuses and Travelling Shows. 19. An Act to amend Chapter 10 of the Statutes of Alberta, 1910 (2nd Session), respecting the raising of Loans authorized by the Legislature. 20. An Act to amend The Alberta Insurance Act. 21. An Act to amend Chapter 89 of the Consolidated Ordinances, 1898, intituled "The Liquor License Ordinance," and amendments thereto. 22. An Act to amend Chapter 24 of the Statutes of Alberta, 1912,. intituled "The Pool Room Act," and amendments thereto. CONTENTS CHAP. 23. An Act to amend Chapter 24 of the Statutes of Alberta, 1913 (2nd Session), intituled "The Brand Act." 24. An Act to amend Chapter 6 of the Statutes of Alberta, 1911-12, intituled "The Motor Vehicle Act." 25. An Act for Raising Money on the Credit of the General Revenue of Alberta. 26. An Act to provide for the relief of the Springbank Irrigation District. 27. An Act to authorize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company. 28. An Act to authorize the Guarantee of Certain Securities of the Central Canada Railway Company. 29. An Act concerning the Central Canada Railway Company. 1915 PUBLIC GENERAL ACTS. CHAP. 1. An Act for granting to His Majesty certain sums of money for the Public Service of the Fiscal Years ending respectively the Thirty-first day of December, 1914, the Thirty-first day of December, 1916, and the Thirty- first day of March, 1916. ^ 2. An Act to amend the Statute Law. 3. An Act to amend The Land Titles Act. 4. The Married Woman's Home Protection Act. 5. An Act respecting the Property of Intestates dying without Next-of-kin. 6. An Act respecting Public Utilities, to create a Public Utility Commission, and to prescribe its powers and duties. 7. An Act to amend The Libel and Slander Act. 8. An Act respecting Insurance. , 9. An Act to amend Chapter 25 of the Statutes of Alberta, 1914, being "An Act for Raising Money on the Credit of the General Revenue of Alberta." 10. An Act to amend The School Ordinance, The School Assessment Ordinance, The School Grants Act, and The Truancy Act. 11. An Act to provide for the Inspection of Stock. 12. An Act to govern and regulate the Driving or Trailing of Sheep. 13. An Act respecting Irrigation Districts. 14. An Act respecting Seed Grain, Fodder, and other Relief. 15. An Act to amend The Town Act. 16. An Act to amend The Rural Municipality Act. 17. An Act to amend The Village Act. 18. An Act respecting Municipal Co-operative Hail Insurance. 19. An Act to amend Chapter 29 of the Statutes of Alberta, 1914. 20. An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western RaUway Company. 21. An Act to authorize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company. 22. An Act to amend Chapter 10 of the Statutes of Alberta, 1910 (2nd Session) as amended by Chapter 3 of the Statutes of Alberta, 1913 (2nd Session)' and as amended by Chapter 19 of the Statutes of Alberta, 1914, cited as "The Provincial Loans Act." 23. An Act to close and vest in His Majesty, in the right of the Province of Albfrta certain Highways in the City of Edmonton. ' 10 THE ALBEETA ACT An Act to establish and provide for the Government of the Province of Alberta. (Cap. 3, 4-5 Ed. VII.) (Assented to July 20, 1905.) lyHEREAS in and by The British North America Ad, 1871, "' being chapter 28 of the Acts of the Parliament of the United Kingdom passed in the session thereof held in the 34th and 35th years of the reign of her late Majesty Queen Victoria, it is enacted that the Parliament of Canada may from time to time establish new provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any province thereof, and may, at the time of such establishment, make provision for the constitution and adminis- tration of any such province, and for the passing of laws for the peace, order and good government of such province and for its representation in the said Parliament of Canada; And whereas it is expedient to establish as a province the territory hereinafter described, and to make provision for the government thereof and the representation thereof in the Parliament of Canada; Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canadaf, enacts as follows: 1. This Act may be cited as "The Alberta Act." 3. The territories comprised within the following boundaries, that is to say, — commencing at the intersection of the Inter- national boundary dividing Canada from the United States of America by the fourth meridian in the system of Dominion lands surveys; thence westerly along the said international boundary to the eastern boimdary of the Province of British Columbia; thence northerly along the said eastern boimdary of the Province of British Colimibia to the north-east corner of the said province; thence easterly along the said parallel of the sixtieth degree of north latitude to the fourth meridian in the system of Dominion lands surveys as the same may be hereafter defined in accordance with the said system; thence southerly along the said fourth Meridian to the point of commencement — is hereby established as a province of the Dominion of Canada, to be called and known as the Province of Alberta. 3. The provisions of The British North America Acts, 1867 to 1886, shall apply to the Province of Alberta in the same way and to the like extent as they apply to the provinces here- tofore comprised in the Dominion, as if the said Province of 11 ALBERTA ACT Alberta had been one of the provinces originally united, except in so far as varied by this Act and except such provisions as are in terms made, or by reasonable intendment may be held to be, specially applicable to or only to affect one or more and not the whole of the said provinces. 4. The said province shall be represented in -the Senate of Canada by four members: Provided that such representation may, after the completion of the next decennial census, be from time to time increased to six by the Parliament of Canada. 5. The said province and the Province of Saskatchewan shall, until the termination of the Parliament of Canada existing at the time of the first readjustment hereinafter provided for, continue to be represented in the House of Commons as pro- vided by chapter 60 of the Statutes of 1903, each of the electoral districts defined in that part of the schedule to the said Act which relates to the North-West Territories, whether such district is wholly in one of the said provinces, or partly in one and partly in the other of them, being represented by one member. 6. Upon the completion of the next quinquennial census for the said province, the representation thereof shall forthwith be readjusted by the Parliament of Canada in such a manner that there shall be assigned to the said province such a number of members as will bear the same proportion to the number of its population ascertained at such quinquennial census as the number sixty-five bears to the number of the population of Quebec as ascertained at the then last decennial census; and in the computation of the number of members for the said province a fractional part not exceeding one-half of the whole numbfer requisite for entitling the province to a member shall be disregarded, and a fractional part exceeding one-half of that number shall be deemed equivalent to the whole number, and such readjustment shall take effect upon the termination of the Parliament then existing. 2. The representation of the said province shall thereafter be readjusted from time to time according to the proAdsions of section 51 of The British North America Ad, 1867. 7. Until the Parliament of Canada otherwise provides, the qualifications of voters for the election of members of the House of Commons and the proceedings at and in connection with elections of such members shall, mutatis mviandis, be those prescribed by law at the time this Act comes into force with respect to such elections in the North-West Territories. 8. The Executive Coimcil of the said province shall be com- posed of such persons, under such designations, as the Lieutenant Governor from time to time thinks fit. 9. Unless and until the Lieutenant Governor in Coimcil of the said province otherwise directs, by proclamation under the Great Seal, the seat of government of the said province shall be at Edmonton. 12 ALBERTA ACT 10. All powers, authorities and functions which under any law were before the coming into force of this Act vested in or exercisable by the Lieutenant Governor of the North-West Territories, with the advice, or with the advice and consent, of the Executive Council thereof, or in conjunction with that Council or mth any member or members thereof, or by the said Lieutenant Governor individually, shall, so far as they are capable of being exercised after the coming into force of this Act in relation to the goverrunent of the said province, be vested in and shall or may be exercised by the Lieutenant Governor of the said province, with the advice, or with the advice and consent of, or in conjunction with, the Executive Council of the said province or any member or members thereof, or by the Lieutenant Governor individually, as the case requires, subject nevertheless to be abohshed or altered by the Legislature of the said province. 11. The Lieutenant Governor in Council shall, as soon as may be after this Act cpmes into force, adopt and provide a Great Seal of the said province, and may, from time to time, change such seal. 13. There shall be a Legislature for the said province con- sisting of the Lieutenant Governor and one house, to be styled the Legislative Assembly of Alberta. 13. Until the said Legislature otherwise provides, the Legis- lative Assembly shall be composed of twenty-five members to be elected to represent the electoral divisions defined in the schedule to this Act. (Note: See 1909, c. 2, as amended by 1913, c. 2, for new electoral districts.) 14. Until the said Legislature otherwise determines, all the provisions of the law with regard to the constitution of the Legislative Assembly of the North-West Territories and the election of members thereof shall apply, mutatis mutandis, to the Legislative Assembly of the said province and the elections of members thereof respectively. 15. The writs for the election of the members of the first Legislative Assembly of the said province shall be issued by the Lieutenant Governor and made returnable within six months, after this Act comes into force. 16. All laws and all orders and regulations made there- under, so far as they are not inconsistent with anything con- tained in this Act, or as to which this Act contains no provision intended as a substitute therefor, and all courts of civil andi criminal jurisdiction, and all commissions, powers, authorities and functions, and all officers and functionaries, judicial, administrative and ministerial, existing immediately before the coming into force of this Act in the territory hereby estab- lished as the Province of Alberta, shall continue in the said province as if this Act and The Saskatchewan Act had not been passed; subject nevertheless except with respect to such as are enacted by or existing under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, to be repealed, abolished or altered by the 13 ALBEETA ACT w Parliament of Canada, or by the Legislature of the said province, according to the authority of the Parliament or of the said Legis- lature: Provided that all powers, authorities and functions which under any law, order or regulation were, before the coming into force of this Act, vested in or exercisable by any public officer or functionary of the North-West Territories shall be vested in and exercisable in and for the said province by like pubUc officers and functionaries of the said province when ap- pointed by competent authority. 2. The Legislature of the province may, for all purposes affecting or extending to the said province, abohsh the Supreme Court of the North-West Territories, and the offices both judi- cial and ministerial thereof, and the jurisdiction, powers and authority belonging or incident to the said court: Provided that, if, upon such abolition, the Legislature constitutes a superior court of criminal jurisdiction, the procedure in criminal matters then obtaining in respect of the Supreme Court of the North-West Territories shall, until otherwise provided by com- petent authority, continue to apply to such superior court, and that the Governor in Council may at any time and from time to time declare all or any part of such procedure to be inapplicable to such superior court. 3. All societies or associations incorporated by or under the authority of the Legislature of the North-West Territories existing at the time of the coming into force of this Act which include within their objects the regulation of the practice of, or the right to practise, any profession or trade in the North- West Territories, such as the legal or the medical profession, dentistry, pharmaceutical cbemistry and the like, shall con- tinue, subject, however, to be dissolved and abolished by order of the Governor in Council, and each of such societies shall have power to arrange for and effect the payment of its debts and liabilities, and the division, disposition or transfer of its property. 4. Every joint stock company lawfully incorporated by or under the authority of any Ordinance of the North-West Terri- tories shall be subject to the legislative authority of the Province of Alberta if — (a) The head office or the registered office of such company is at the time of the coming into force of this Act situate in the Province of Alberta; and (&) The powers and objects of such company are such as might be conferred by the Le^slature of the said province and not expressly authorized to be executed in any part of the North- West Territories beyond the limits of the said province. 17. Section 93 of The. British North America Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph: "(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to the separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the North- West Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said Ordinances." 14 ALBERTA ACT 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the sup- port of schools organized and carried on in accordance with the said chapter 29, or any Act passed in amendment thereof or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. 3. Where the expression "by law" is employed in paragraph (3) of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30; and where the expression "at the union" is employed, in the said paragraph (3), it shall be held to mean the date at which this Act comes into force. 18. The following amounts shall be allowed as an annual subsidy to the Province of Alberta, and shall be paid by the Government of Canada, by haK-yearly insta.lments in advance, to the said province, that is to say: (a) For the support of the Government and Legislature, fifty thousand dollars; (&) On an estimated population of two hundred and fifty thousand, at eighty cents per head, two hundred thousand dollars, subject to be increased as hereinafter mentioned, that is to say: A census of the said province shall be taken in every fifth year reckoning from the general census of one thousand nine hundred and one, and an approximate estimate of the popu- lation shall be made at equal intervals of time between each quinquennial and decennial census; and whenever the population by any such census or estimate, exceeds two hundred and fifty thousand, which shall be the minimum on which the said allow- ance shall be calculated, the amount of the said allowance shall be increased accordingly, and so on until the population has reached eight himdred thousand souls. 19. Inasmuch as the said province is not in debt, it shall be entitled to be paid and to receive from the Government of Canada, by half-yearly payments in advance, an aimual sum of four hundred and five thousand three hundred and seventy- five dollars, being the equivalent of interest at the rate of five per cent, per annum on the sum of eight million one hundred and seven thousand five hundred dollars. 30. Inasmuch as the said province will not have the public land as the source of revenue, there shall be paid by Canada to the province by half-yearly payments, in advance, an annual sum based upon the population of the province as from time to time ascertained by the quinquennial census thereof, as follows: The population of the said province being assumed to be at present two hundred and fifty thousand, the sum payable until such population reaches four hundred thousand, shall be three hundred and seventy thousand dollars; Thereafter, imtil such population reaches eight hundred thousand, the sum payable shall be five hundred and sixty-two thousand five hundred dollars; Thereafter, until such population reaches one million two hundred thousand, the sum payable shall be seven hundred and fifty thousand dollars; 15 ALBERTA ACT And thereafter the sum payable shall be one million one hundred and twenty-five thousand dollars. 2. As an additional allowance in lieu of public lands, there shall be paid by Canada to the province annually by half-yearly payments in advance, for five years from the time this Act comes into force, to provide for the construction of necessary public buildings, the sum of ninety-three thousand seven hundred and fifty dollars. 31. All Crown lands, mines and minerals and royalties incident thereto, and the interest of the Crown in the waters ■within the province under The North-West Irrigation Act, 1898, shall continue to be vested in the Crown and administered by the Government of Canada for the purposes of Canada, subject to the provisions of any Act of the Parliament of Canada with respect to road allowances and roads or trails in force immediately before the coming into force of this Act, which shall apply to the said province with the substitution therein of the said province for the North- West Territories. 33. All properties and assets of the North-West Territories shall be divided equally between the said province and the Province of Saskatchewan, and the two provinces shall be jointly and equally responsible for all debts and Uabilities of the North- West Territories: Provided that, if any difference arises as to the division and adjustment of such properties, assets, debts and liabilities, such difference shall be referred to the arbitrament of three arbitrators, one of whom shall be chosen by the Lieutenant Governor in Coimcil of each province and the third by the Governor in Council. The selection of such arbitrators shall not be made imtil the legislatiu-es of the provinces have met, and the arbitrator chosen by Canada shall not be resident of either province. 33. Nothing in this Act shall in any way prejudice or affect the rights or properties of the Hudson's Bay Company as con- tained in the conditions under which that company surrendered Rupert's Land to the Crown. 34. The powers hereby granted to the said province shall be exercised subject to the provisions of section 16 of the con- tract set forth in the schedule to chapter 1 of the Statutes of 1881, being An Act respecting the Canadian Pacific Railway Company. 35. This Act shall come into force on the first day of Sep- tember, one thousand nine himdred and five. SCHEDULE. (Section 13.) The province of Alberta shall be divided into twenty-five electoral divisions which shall respectively comprise and consist of the parts and portions of the province hereinafter described. 16 ALBEHTA ACT la the following descriptions where "meridians between ranges" and "boundaries of Townships" or "boundaries of sections" are referred to as the boundaries of electoral divisions, these expressions mean the meridians, boundaries of townships or boundaries of sections, as the case may be, in accordance with the Dominion Lands system of surveys, and include the exten- sion thereof in accordance with the said system. Names and Descriptions of Divisions. (1) The electoral division of Medicine Hat, bounded as follows: Commencing at the intersection of the eastern boundary of the said province of Alberta by the north boundary of the 38th township; thence westerly along the north boundary of the 38th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the meridian between the 10th and 11th ranges to the southern boundary of the said province of Alberta; thence easterly along the said southern boundary of the province of Alberta to the south-east comer thereof; thence northerly along the eastern boimdary of the said province of Alberta to the point of commencement. (2) The electoral division of Cardston, bounded as follows; Commencing at the southern boundary of the said province of Alberta where it is intersected by the meridian between the 10th and 11th ranges, west of the 4th meridian; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 5th township; thence westerly along the north boundary of the 5th township to the St. Mary Biver; thence along the St Mary Biver up stream to the south boundary of the Blood Indian Reserve; thence westerly along the said south boundary of the Blood Indian Reserve to the meridian between the 27th and 28th ranges west of the 4th meridian; thence southerly along the said meridian between the27th and 28th ranges to the north boundary of tlie 2nd township; thence westerly along the north boundary of the 2nd townships to the meridian between the 29th snd 30th ranges west of the 4th meridian; thence southerly along the said meiidian between the 29th and 30th ranges to the southern shore of the Waterton Lakes; thence in a westerly and southerly direction and following the southerly and eastern shores of the said Waterton Lakes to the southern boundary of the said piovince of Alberta; thence easterly along the said southern boundary of the province of Alberta to the point of commencement. (3) The electoral division of Lethbridge bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north botmdary of the 5th township; thence northerly along the said meridian between the 10th and 11th ranges to the north botmdary of the 14th township; thence westeily along the north boundary of the 14th townships to the Bow River; thence along the Bow River up stream to the north boundary of the 19tli township; thence westerly along the north boundary of the 19th townships to the meiidian between the 22nd snd 23rd ranges, west of the 4th meridian; thence southerly along the said meridian between the 22nd and 23rd ranges to the Belly Biver; thence along the Belly River down stream to the St. Mary Biver; thence along the St. Mary River up stream to the northern boimdary of the 5th township, thence easteily along the north boundary of the 5th townships to the point of commencement. (4) The electoral division of Macleod, bounded as follows: Commencing at the south boimdary of the Hood Indian Reserve where it is intersected by the St. Mary River; thence along the said St. Mary River down stream to the BeUy River; thence along the said Belly River up stream to its most northerly intersection with the meridian between the 22nd and 23rd ranges, west of the 4th meridian; thence northerly along the said meridian between the 22nd and 23rd ranges to the north boundary of the 14th township- thence westerly along the north boundary of the 14th townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boimdary of the province of Alberta to the north boundary of the 11th township; thence easterly along the said north boundary of the 11th township to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 10th township; thence easterly along the said north boundary of the 10th township to the meridian between the 29th and 30th ranges, west of the 4th meridian; thence southerly along the said mendian between the 29th and 30th ranges to the north boundaxy of the 8th township; thence easterly along the said north boundary of the 8th township to the west boundary of the Peigan Indian Reserve; thence southerly 17 , ALBERTA ACT along the west boundary of the Peigan Indian Reserve to the south-west corner of the said Peigan Indian Reserve; thence easterly along the south boundary of the said Peigan Indian Reserve to the south-east comer of the said Reserve; thence in a straight line south-easterly to the north-east corner of section 14 in the 6th township in the 27th range, west of the 4th meridian; thence along the north boundary of section 13 in the said 6th township and in the 27th range to the meridian between the 26th and 27th ranges west of the 4th meridian; thence southerly along the said meridian between the 26th and 27th ranges to the Belly River; thence along the Belly River up stream to the south boundary of the said Blood Indian Reserve; thence easterly along the said south boundary of the Blood Indian Reserve to the point of commencement. (5) The electoral division of Pincher Creek, bounded as fpUows: Commencing at the southern boundary of the said Province of Alberta, where it is intersected by the eastern shore of the Waterton Lakes, thence northerly and easterly and along the said eastern shores apd the southern shores of the Waterton Lakes to the meridian between the 29th and 30th ranges west of the 4th meridian; thence northerly along the said meridian between the 29th and 30th ranges to the north boundary of the 2nd township; thence easterly along the said north boundary of the 2nd township^ to the meridian between the 27th and 28th ranges west of the 4th meridian; thence northerly along the said meridian between the 27th and 28th ranges to the south boundary of the Blood Indian Reserve; thence westerly along the said south boundary of the Blood Indian Reserve to the Belly Eiver; thence along the said Belly River down stream to the meridian between the 26th and 27th ranges west of the 4th meridian; thence northerly along the said meridian between the 26th /and 27th ranges to the north-east comer of section 13 in the 6th township in the said 27th range; thence westerly along the north boundary of the said section 13 to the north-eaat comer of section 14 in the said 6th township in the 27th rang;e; thence in a straight line north-westerly to the south-east comer of the Peigan Indian Reserve; thence westerly along the south boundary of the said Peigan Indian Reserve to the south-west corner of the said Indian Reserve; thence northerly along the west boundary of the said Indian Reserve to the north boimdary of the 8th township; thence westerly along the said north boundary of the 8th townships to the meridian between the 29th and 30th ranges west of the 4th meridian; thence northerly along the said meridian between the 29th and 30th ranges to the north boimd- ary of the 10th township; thence westerly along the said north boundary of the 10th township to the 5th meridian; thence northerly along the said 5th meridian to the north boundary of the 11th township; thence westerly along the said north boundary of the 11th townships to the western boundary of the said Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the southern boundary of the said Province of Alberta ; thence easterly along the said southern bound- ary of the Province of Alberta to the point of commencement. (6) The electoral division of Gleichen, boimded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the northern boundary of the 14th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 28th township; thence westerly* along the said north boundary of the 28th townships to the meridian between the 2nd and 3rd ranges, west of the 5th meridian; thence southerly along the said meridian between the 2nd and 3rd ranges, to the north boundary of the 22nd township; thence easterly along the said north boundary of the 22nd townships to Bow River; thence along the said Bow River down stream to the north boundary of the 14th township; thence easterly along the said north boundary of the 14th townships to the point of commencement. Except- ing and reserving out of the said electoral division the City of Calgary as incorporated by Ordinance of the North-West Territories. ' (7) The electoral divison of Calgary City, comprising the City of Calgary as incorporated by Ordinance of the North- West Territories. (8) The electoral division of Rosebud, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 28th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 33rd township; thence westerly along the said north boundary of the 33rd townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the 18 ALBBHTA ACT said western boundary of the Province of Alberta to the north boundary of the 28th township; thence easterly along the said north boundary of the 28th townships to the point of commencement. (9) The electoral division of High River, bounded as follows: Commencing at the meridian between the 22nd and 23rd ranges, west of the 4th meridian, where it is intersected by the north boundary of the 14th township; thence northerly along the said meridian between the 22nd and 23rd ranges to the north boundary of the 19th township; thence easterly along the said north boundary of the 19th townships to the Bow River; thence along the said Bow River up stream to the north boundary of the 22nd townsWp; thence westerly along the said north boundary of the 22nd townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 14th township; thence easterly along the said north boundary of the 14th townships to the point of commencement. (10) The electoral division of Banff, bounded as follows: Commencing at the meridian between the 2nd and 3rd ranges, west of the 5th meridian, where it is intersected lay the north boundary of the 22nd township; thence northerly along the said meridian between the 2nd and 3rd ranges to the north boundary of the 28th township; thence westerly along the said north boundary of the 28th townships to the western boundary of the province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 22nd township; thence easterly along the said north boundary of the 22nd townships to the point of commencement. (11) The electoral division of Innisfail, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 33rd township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of section twenty-four in the 36th town- ship; thence westerly along the section line which bounds on the north the section comprising the most southerly two-thirds of the 36th townships to the Red Deer River, in the 28th range, west of the 4th meridian; thence along the said Red Deer River down stream to the north boundary of section twenty-two, in the 37th township; thence westerly along the section line which bounds on the north the sections comprising the most southerly two- thirds of the 37th townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the north boundary of the 33rd township; thence easterly along the north boundary of the 33rd townships to the point of commencement. (12) The electoral divison of Red Deer, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of section 24, in the 36th township; thence northerly along the said meridian between the 10th and 11th ranges to the said north boundary of the 38th township; thence westerly along the said north boundary of the 38th townships to where the said north boundai;y of the 38th townships is intersected by the Red Deer River in the 26th raiige, west of the 4th meridian; thence along the said Red Deer River up stream to the Blindman River; thence along the said Bhndman River up stream to the north boundary of the 39th township; thence westerly along the said north boundary of the 39th townships to the North Saskatchewan River; thence along the North Saskatchewan River up stream to the section line which bounds on the north the sections comprising the most southerly two-thirds of the 37th townships; thence easterly along the said section line which bounds on the north the sections comprising the most southerly two-thirds of the 37th townships to the Red Deer River; thence along the Red Deer River up stream to the north botmdary of section twenty, in the 36th township; thence easterly along the section line which bounds on the north the sections comprising the most southerly two-thirds of the said 36th townships to the point of commencement. (13) The electoral division of Vermilion, bounded as follows: Commencing at the eastern boundary of the Province of Alberta where it is intersected by the north boundary of the 38th township; thence northerly along the said eastern boundary of the Province of Alberta to the North Saskatchewan River; thence along the North Saskatchewan River up stream to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 54th township; thence westerly along the said 19 ALBERTA ACT north boundary of the 64th townships to the meridian between the 19th and 20th ranges, west of the 4th meridian ; thence southerly along the said meridian between the 19th and 20th ranges to the north boundary of section twenty- four, in the 47th township; thence easterly along the section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the meridian between the 10th and 11th ranges, west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 38th township; thence easterly along the said north boundary of the 38th townships to the point of commencement . (14) The electoral division of Lacombe, boimded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 38th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 41st township; thence westerly along the said north boundary of the 41st townships to the North Saskatche- wan River; thence along the said North Saskatchewan River up stream to the north boundary of the 39th township; thence easterly along the said north boundary of the 39th townships to the Blindman. River; thence along the said BUndman River down stream to the Red Deer river; thence along the said Red Deer River down ^ream to the north boundary of the 38th township; thence easterly along the said north boundary of the 38th town- ships to the point of commencement. (15) The electoral division of Ponoka, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, -where it is intersected by the north boundary of the 41st township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 44th township; thence westerly along the north boundary of the 44th townships to the North Saskatchewan River; thence along the ^aid North Saskatchewan River up stream to the north boundary of the 41st township; thence easterly along the said north boundary of the 41st townships to the point of commencement. (16) The electoral division of Wetaskiwin, bounded as foUows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 44th township; thence northerly along the said meridian between the 10th and 11th ranges to the section line which bounds on the north the sections com- prising the most southerly two-thirds of the 47th township; thence westerly along the said section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the North Saskatchewan River; thence along the said North Saskatchewan River up stream to the north boundary of the 44th township; thence easterly along the said north boundary of the 44th townships to the point of commencement. (17) The electoral division of Leduc, bounded as foUows: Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where it is intersected by the section line which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 50th township; thence westerly along the said north boundary of the 50th townships to where the said north boundary of the 50th townships first intersects the North Saskatchewan River; thence along the North Saskatchewan River up stream to the section Une which bounds on the north the sections comprising the most southerly two-thirds of the 47th township; thence easterly along the said section Une which bounds on the north the sections comprising the most southerly two-thirds of the 47th townships to the point of commencement. (18) The electoral division of Strathcona, bounded as follows: Commencing at the meridian between the 19th and 20th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 50th township; thence northerhr along the said meridian between the 19th and 20th ranges to the north boundary of the 53rd township; thence westerly along the said north boundary of the 53rd townships to the North Saskatche- wan River; thence along the said North Saskatchewan River up stream to the north boundary of the 60th township; thence easterly along the said north boundary of thfe 50th townships to the point of commencement. (19) The electoral division of Stony Plain, bounded as follows: Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 53rd town- ship; thence westerly along the said north boundary of the 53rd township 20 ALBEHTA ACT to the rear line of lots fronting on the east side of the Sturgeon River in the Saint Albert Settlement; thence in a southerly and westerly direction and along the said rear line to Big Lake; thence in a westerly direction and along the southerly, westerly and northerly shores of Big Lake to the south-west corner of lot D in the Saint Albert Settlement; thence westerly and along the southerly limit of lots E, F, G, H and I in the said Saint Albert Settlement to the south-east corner of the Indian Reserve Chief Michel Calahoo; thence westerly along the south boundary of the said Indian Reserve to the south- west corner thereof; thence northerly along the west boundary of the said Indian Reserve to the north boundary of thfe 54th township; thence westerly along the said north boundary of the 54th townships to the 6th meridian; thence northerly, along the said Sth meridian to the south boundary of the Indian Reserve Chief Alexander; thence westerly along the south boundary of the Indian Reserve Chief Alexander to the south-west comer of the said Reserve; thence northerly along the west boundary of the said Reserve Chief Alexander to the north boundary of the 55th township; thence westerly along the north boundary of the 55th townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the said western boundary of the Province of Alberta to the section line which forms the north boundary of the sections comprising the most southerly two-thirds of the 37th township; thence easterly along the said section line which forms the north boundary of the sections comprising the most southerly two-thir4s of the 37th townships to the North Saskatchewan River; thence along the sa,id North Saskatchewan River down stream to its most northerly intersection with the meridian between the 24th and 25th ranges west of the 4th meridian; thence northerly along the said meridian between the 24th and 25th ranges to the point of commencement. (20) The electoral division of Edmonton City, comprising the City of Edmonton as incorporated by Ordinance of the North- West Territories. (21) The electoral division of Victoria, bounded as follows: Commencing at the 4th meridian where it is intersected by the North Saskatchewan River; thence northerly along the said 4th meridian to the north boundary of the 70th township; thence westerly along the said north boimdary of the 70th townships to the meridian between the 10th and 11th ranges west of the 4th meridian; thence southerly along the said meridian between the 10th and 11th ranges to the north boundary of the 58th township; thence westerly along the said north boundary of the 58th townships to the North Saskatchewan River; thence along the said North Saskatchewan River up stream to the north boundary of the 53rd township; thence easterly along the said north boundary of the 53rd township to the meridian between the 19th and 20th ranges, west of the 4th meridian; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 54th township; thence easterly along the said north boundary of the 54th townships to the meridian between the 10th and 11th ranges, west of the 41jh, meridian; thence northerly along the said meridian between the 10th and lltTi ranges to the North Saskatchewan River; thence along the said North Saskatchewan River down stream to the point of commencement. (22) The electoral division of Sturgeon, bounded as follows: Commencing at the meridian between the 10th and 11th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 58th township; thence northerly along the said meridian between the 10th and 11th ranges to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the meridian between the 24th and 25th ranges, west of the 4th meridian; thence southerly along the said meridian between the 24th and 25th ranges to the North Saskatch- ewan River; thence along the said North Saskatchewan River down stream to the north boundary of the 58th township; thence easterly along the said north boundary of the 58th townships to the point of commencement. Except- ing and reserving out of the said electoral division the City of Edmonton as incorporated by Ordinance of the North-West Territories. (23) The electoral division of Saint Albert, bounded as follows: Commencing at the meridian between the 24th and 25th ranges, west of the 4th meridian, where it is intersected by the north boundary of the 53rd township ; thence northerly along the said meridian between the 24th and 25th ranges west of the 4th meridian to the north boundary of the 70th township; thence westerly along the said north boundary of the 70th townships to the western boundary of the Province of Alberta; thence in a southerly direction and along the ^aid western boxmdary of the Province of Alberta to the north boundary of the 55th township; thence easterly along the said north boundary 21 , ALBERTA ACT of the 65th township to the Indian Reserve Chief Alexander; thence southerly along the western boundary of the said Indian Reserve Chief Aleaxnder to the south-west corner of the said reserve; thence easterly along the south boundary of the said Indian Reserve Chief Alexander to the 5th meridian; thence southerly along the said 5th meridian to the north boundary of the 54th township; thence easterly along the said north boundaiy of the 54lth township to the west boundary of the Indian Reserve Chief IVpchel Calahoo; thence southerly along the west boundary of the said Indian Reserve Chief Michel Calahoo to the eouth-west corner thereof; thence easterly along the south boundary of the said Indian Reserve Chief Michel Calahoo to the abuth-east corner thereof; thence in an easterly direction and along the southern limit of lots I, H, G, F, and E, in the Saint Albert Settlement to the south-west.comer of lot D in the said Settlement; thence along the westerly a,nd southerly shores of Big Lake in a westerly, southerly and easterly direction to the rear line of lot 55 in the said Saint Albert Settlement; thence in an easterly direction and along the rear line of lots fronting on the ^st side of the Sturgeon River in the said Saint Albert Settlement to the north boundary of the 53rd township; thence easterly along the north boundary of the 53rd township to the point of commencement. (24) The electoral division of Peace River, bounded as follows: Commencing at the meridian between the 19th and 20th ranges, west of the 5th meridian, where it is intersected by the north boundary of the 70th township; thence northerly along the said meridian between the 19th and 20th ranges to the north boundary of the 80th township; thence easterly along the said north boundary of the 80th townships to the meridian between the 13th and 14th ranges, west of the 5th meridian; thence northerly along the said meridian between the 13th and 14th ranges to the north boundary of the 92nd township; thence easterly along the said north boundary of the 92nd townships to the meridian between the 20th and 21st ranges, west of the 4th meridian; thence northerly along the said meridian between the 20th and 21st ranges to the northern boundary of the Province of Alberta; thence westerly along the said northern boundary of the Province of Alberta to the north-west comer of the said province; thence in a southerly direction and along the western boundarjr of the said Province of Alberta to the north boundary of the 70th township; thence easterly along the said north boundary of the 70th townships to the point of commencement. (25) The electoral division of Athabasca, bounded as follows: Commencing at the eastern bovmdaiy of the Province of Alberta where it is intersected by the north boundary of the 70th township ; thence northerly along the said eastern boundary of the Province of Alberta to the northern boundary of the said province; thence westerly along the said northern boundary of the Province of Alberta to the meridian between the 20th and 21st ranges, west of the 4th meridian; thence southerly along the said meridian between the 20th and 21st ranges to the north boundary of the 92nd township; thence westerly along the said north boundary of the 92nd townships to the meridian between the 13th and 14th ranges, west of the 5th meridian; thence southerly along the said meridian between the 13th and 14th ranges, west of , the 5th meridian to the north boundary of the 80th township; thence westerly along the said north boundary of the 80th townships to the meridian between the 19th and 20th ranges, west of the 5th meridian; thence southerly along the said meridian between the 19th and 20th ranges to the north boundary of the 70th township; thence easterly along the said north boundaiy of the 70th townships to the point of commencement. 22 ADDENDA {Correct to 30th October, 1915.) The Land Titles Act, 1906 — Tariff of Fees amended as follows: Page 198 (o) By striking out the words "but not including mechanics' liens" where they occur therein and by substituting therefor the words "but not including mechanics' liens or instruments under The Mechanics' Lien Act by or on behalf of a labourer within the meaning of the said Act"- {See Alberta Gazette, vol. 11, p. 263.) • (6) By adding thereto the following fee: Page 198 "Filing notice of exercising powers of sale in mortgage and instructions as to service, $2.00." (See Alberta Gazette, vol. 11, p. 318.) (c) By inserting the following after item 41 of said tariff: Pase 198 "42. Filing, etc., notice of drfault or qotice under section 62a, subsection 12 82.00 "43. Filing withdrawal of notice of default 1 . 00 "44. Order for substitutional service or other order 2 . 00 "45. Instructions as to modes of sale and advertising 3.00 "46. Evray other application to the registrar relating to sale or foreclosure proceedings 1 . 00 "47. Application to register transfer from mortgagee 2.00 "48. Registration of transfer from mortgagee (the ordinary fees for registering a transfer including assurance fund fee and increment tax). "49. AppUcation for foreclosure 5. 00 "50. Order for foreclosure including certificate of title, the ordinary fees for registering a transfer including assurance fund fees and increment tax. "51. If he deems it expedient the registrar may cause the lands to be valued by a competent valuator and allow him therefor ten cents a mile to and from the premises, and $5.00 a day for the time actually and necessarily spent in so doing. "52. When the amount involved in any proceeding under section 62a is: (a) Over $2,500 and does not exceed $5,000 the fees shall be one and one-half times the amounts set out in items 42 and 51 inclusive; (6) When it is over $5,000 the fees shall be double the said amounts. "53. For services not herein specified, there shall be enacted the fees required to be paid for similar services." (jSee Alberta Gazette, vol. 11, p. 676.) (d) By adding the following at the end of the said Tariff of Fees: Page 198 "TARIFF OF SOLICITORS' COSTS. "Under the authority of section 151 of The Land Titles Ad the Supreme Court of Alberta en banc, sitting as the Court of Appeal under the said Act, orders that the tariff of costs payable to solicitors authorized to practise in Alberta for the services and proceedings hereinafter mentioned shall be as follows: "1. For all proceedings before a Judge or the Court of Appeal the same fees as would be allowed by the tariff of costs of the Supreme Court for similar services. '2. For all proceedings on sale or foreclosure of mortgage under the said Act: "(a) Drawing, serving and registering Notice of Sale and Foreclosure under section 62a, inclusive of all instructions and attendances $10. 00 "(6) Advertising sale and all services connected therewith, including all attendances, revising proof, etc 15.00 22a ADDENDA "(c) On sale of mortgaged premises under Power of Sale, including all instructions, attendances at sale and all other attendances and services up to completion of sale, or abortive sale $20.00 "{d) Application for confirmation of sale or for foreclosure after abortive sale including declarations, attendances and all other services including drawing transfer or order and all necessary documents _ 25. 00 "(e) Actual and necessary disbursements when verified by statutory declaration, including auctioneer's fee, which should not in any case be more than $20.00 for each sale or $10.00 for an abortive sale unless under_ exceptional circmnstances, and ten cents a mile necessarily travelled to and fropi place of sale in the discretion of the registrar. "The above fees are prescribed for sale and foreclosure of securities where the amount secured is $1,000.00 to $2,500.00. "When the amount secured is — "(a) Less than $1,000, three-fifths of above scale; "(6) Over $2,500 and up to $5,000, one and one-half of above scale; "(c) Over $5,000, double above scale shall be allowed. "Dated at Calgary, 25th June, 1915." (See Alberta Gazette, vol. 11, p. 497.) Page 402 The Game Act, 1907— Section 5, subsection 6: By adding thereto the following: "A close season for Hungarian partridge be and is hereby declared until the end of 1915, in townships 24 and 25, range 25, west of the 4th meridian." Page 1481 The Succession Duties Act, 1914, chapter 5: By adding thereto the following: "TARIFF OF FEES UNDER THE SUCCESSION DUTIES ACT. "Edmonton, Tuesday, September 28, 1915. "Pursuant to the provisions of section 51 of The SuccesHon Duties Act, His Honour the Lieutenant Governor, by and with the advice of the Executive Council, has been pleased to order that the following fees for departmental services be and are hereby approved: "Search of departmental files $ .25 "Copies of extracts from documents filed with or issued by the department, per folio of 500 words or less 1 . 00 "Each additional 500 words or any part thereof 1.00 " Certificate of Deputy Provincial Treasurer to such copy 1 . 00 "Examination of supplementary affidavit covering property omitted from the original affidavit, or amendment in description of property in the original affidavit 1 . 00 "Second or any further duplicate receipt for payment of succession duties 25" (See Alberta Gazette, vol. 11, p. 716.) 22b 1906 CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money required for Defraying Certain Expenses of Civil Govern- ment from the First day of September, 1905, to the Thirty-first day of December, 1905, and for other purposes, (Assented to May 9, 1906.) Most Gracious Sovereign: llZHJiREAS it appears by Message from His Honour George ^^ Hedley Vicars Bulyea, the Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the same, that the sums hereinafter mentioned in the schedule to this Act are required to defray certain expenses of the Government and Public Service of the province not otherwise provided for from the First day of September, 1905, to the Thu^y-first day of December, 1905, and for other purposes relating thereto: May it therefore please Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the province, as follows: 1. From and out of the general revenue fund there shall andProvinoiBi. may be paid and applied a smn not exceeding in the whole one fo^wSs**"™ hundred and sixty-two thousand seven himdred and twenty-two dollars and ninety-three cents ($162,722.93) to defray the expenses of Legislation, Maintenance of Public Institutions, salaries of the officers of the Government and Public Service, and for all other services of the Government coming in course of payment from the First day of September to the Thirty-first day of Decem- ber one thousand nine hvlndred and five, as set forth in schedule A to this Act. 3. The due application of all moneys expended under thisAccomna Act shall be accounted for. SCHEDULE A. Sum granted to the Lieutenant Governor by this Act for the year one thousand nine hundred and five and the purposes for which it is granted: To defray the expenses of legislation, maintenance of public institutions, salaries of the officials of the Gtovemment and pubUc service, and for all other services of the Government coming in course of payment from the First of September to the Thirty-first of December, 1905 $162,722.93 23 1906 CHAPTER 2. An Act for Granting to His Majesty Certain Sums of Money for the Civil Service for the Financial Year ending the Thirty-first day of December, 1906. {Assented to May 9, 1906.) Preamble Short title $1,968,081.67 granted for year 1906 Most Gracious Sovereign: \X7'HEREAS it appears by Message from His Honour George "" Hedley Vicars Bulyea, the Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Message, that the sums hereinafter mentioned are required to defray certain expenses of the Civil Service of this province not otherwise provided for during the financial year ending the Thirty-first day of December, one thousand nine hundred and six, and for other purposes relating thereto: May it therefore please Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1906." 2. From and out of the General Revenue Fund there may be paid and apphed a sum not exceeding in the whole one million nine himdred and sixty-eight thousand eighty-one dollars and sixty-seven cents ($1,968,081.67) towards defraying the several charges and expenses of the Civil Service of the province for the financial year ending the thirty-first day of December, in the year of Our Lord one thousand nine hundred and six, not other- wise provided for and set forth in schedule A to this Act, and also for the other purposes in the said schedule mentioned. And the sum of one hundred thousand dollars for the expenses of Legislation, Maintenance of Public Institutions, salaries of ofiicers of the Government and Civil Service from the First day of January, one thousand nine hundred and seven, up to and until the final passage of the Estimates of Expenditure for the financial year one thousand nine hundred and seven, as set forth in schedule B. Application to be accounted 3. The due application of all moneys expended under this Act shall be accounted for. 24 APPEOPRIATION Cap. 2 1906 SCHEDULE A. I. Civil Govbhnment — Lieutenant Governor's Office $ 2,700 00 Executive Council ■. 28,125 00 Attorney General's Department 14,725 00 Provincial Secretary's Department 2,600 00 Treasury Department 8,680 00 Provincial Auditor's Office 7,230 00 Public Works Department 34,600 00 Education Department 10,680 00 Agriculture Department 18,466 67- $127,806 67 11. Legislation 29,425.00 III. Administkation of Justice 221,200.00 IV. Public Wohks 996,000.00 V. Education 200,000.00 VI. Agriculture 315,050.00 VII. Hospitals, Charities and Public Health 33,500.00 VIII. Miscellaneous 45,100 . 00 $1,968,081.67 SCHEDULE B. Sum granted to His Majesty by the Act for the year one thousand nine hundred and seven and the purpose for which it is granted. To defray the expenses of Legislation, Maintenance of Pubhc Institutions, Salaries of the officers of the Government and Civil Service from January 1, 1907, up to and until the final passage of the Estimates of Expenditure for the financial year, 1907 $100,000.00 25 Short title ^plication oi]tbi8 Act 1906 CHAPTER 3. An Act respecting the Statutes. (Assented to May 9, 1906.) UIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Interpretation Act." 2. This Act and every provision thereof shall extend and apply to every Act of the province passed in the session held in the sixth year of His Majesty's reign and in any future session of the Legislature of Alberta except in so far as the provision is inconsistent with the intent and object of such Act, or the interpretation which such provision would give to any word, expression or clause is inconsistent with the context and except in so far as any provision hereof is in any -such Act declared not applicable thereto; and the omission in any Act of a declaration that The Interpretation Act applies thereto shall not be construed to prevent it so applying, although such express declaration is inserted in some other Act or Acts of the same session. Form of enacting clause Preamble and operatdve part of Acts Endorsement of assent FORM OF ENACTING. 3. The following words may be inserted in the preambles of Acts and shall indicate the authority by virtue of which they are passed: "His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:" 4. After the insertion of the words aforesaid, which shall follow the setting forth, if any, of the considerations or reasons upon which the law is grounded and which shall \\-ith these considerations or reasons constitute the entire preamble, the various clauses of the Act shall follow in a concise and enuncia- tive form. TIME OF COMMENCEMENT OF ACTS. 5. The clerk of the Legislative Assembly shall endorse on every Act of the province immediately after the title of such Act, the day, month and year when the same was by the Lieu- tenant Governor assented to or reserved by him for the assent of the Governor General; and in the latter case such clerk shall endorse thereon the day, month and year when the Lieutenant Governor has signified either by speech or message to the Legis- lative Assembly or by proclamation, that the same was laid 26 INTEHPKBTATION Cap. 3 1906 before the Governor General and that the Governor General was pleased to assent to the same; and such endorsement will be taken to be a part of such Act; and the date of such Act or signification, as the case may be, shall be the date of the com- mencement of the Act if no later commencement is therein pro- vided. AMENDMENT OK REPEAL. 6. Anv Act of the province may be amended, altered or Ajnendment , ,•', A A J • J.1- • of law in same repealed by any Act passed m the same session. session INTERPRETATION. 7. In every Act unless the context otherwise requires — inteipretation 1. The law shall be considered as always speaking; and whenever any matter or thing is expressed in the present tense the same shall be applied to the circumstances as they arise so that effect may be given to each Act and every part thereof according to its spirit, true intent, and meaning; 2. The expression "shall" shall be construed as iiriperative shaU and the expression "may" as permissive; May 3. Whenever the expression "herein" is used in any section Herein of an Act it shall be understood to relate to the whole Act and not to that section only; 4. The expression "Hjs Majesty," "the King" or "the Crown," The sovereign means His Majesty, his Heirs and Successors, Sovereigns of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas; 5. The expression "Lieutenant Governor" means the Lieutenant Lieutenant Governor for the time being or other chief executive ^^'®™" officer or administrator for the time being carrying on the government of the province, by whatever title he is designated; 6. The expression "LieutiBuant Governor in Coimcil" means Lieutenant the Lieutenant Governor or person administering the govern- P'^^^j ment of the province for the time being, acting by and with the advice of or by and with the advice and consent of or in con- junction with the Executive Council of the said province; 7. The expression "Government," "Government of the Government Province" or "Alberta Government" used in any Act whenever enacted means His Majesty the King acting for the province; 8. The expression "the United Kingdom" means the United united Kingdom of Great Britain and Ireland; Kingdom 9. The expression "the United States" means the United ^^^ States of America; 10. The expression "Territories" means the North-West Territories Territories as defined by The North-West Territories Act except- ing that portion of the said Territories declared by The Yvkon Territory Act to constitute the Yukon Territory; and the expression "Ordinance" means an Ordinance of the said North- ordinance West Territories : Provided that where in any law, statute or ordinance in force in the proviuce the expression "Territories" or "North-West Territories" is used and by reason of the formation of the Provinces of Alberta and Saskatchewan it would be necessary in order to effect the purpose of such law, statute or ordinance within the province to construe the said words "Territories" 27 1906 Cap. 3 INTERPRETATION Name of country, place, officer, etc. Proclamation Acta by proclamation Number and gender Person Writing Now Next Month Year Holiday Gazette Time expiring on holiday Standard time or "North-West Territories" in such law, statute or ordinance to mean and to refer to the Province of Alberta, the said words shall be so construed and shall mean and since the first day of September, 1905, shall be taken to have meant the Province of Alberta; 1907, c. 5, s. 1. 11. The name commonly applied to any coimtry, place, body, corporation, society, officer, functionary, person, party or thing means such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name is not the formal and extended designation thereof; 12. The expression "proclamation" means a proclamation under the seal of the province; 13. When the Lieutenant Governor is authorized to do any act by proclamation such proclamation is to be understood to be a proclamation issued under an order of the Lieutenant Governor in Council but it shall not be necessary that it be mentioned in the proclamation that it is issued under such order; 14. Words importing the singular number of the masculine gender only include more persons, parties or things of the same kind than one and females as well as males and the converse; 15. The expression "person" includes any body corporate and politic or party and the heirs, executors, administrators or other legal representatives of such person to whom the context can apply according to law; 16. The expression "writing," "written" or any terms of like import includes words printed, painted, engraved, htho- graphed or otherwise traced or copied; 17. The expression "now" or "next" shall be construed as having reference to the time when the Act was assented to; 18. The expression "month" means a calendar month; and the expression "year" means a calendar year; and the number of any year, unless the contrary is indicated, means "the year of our Lord" without the mention of "the year of our Lord;" 19. The expression "holiday" includes Svmday, New Year's Day, Ash Wednesday, Good Friday, Easter Monday, the twenty- fourth day of May or when such day falls on a Sunday the twenty- fifth day of May to be known as Victoria Day, Christmas Day, the birthday or the day fixed by proclamation for the celebra- tion of the birthday of the reigning Sovereign, Dominion Day, Labour Day, Arbour Day being the second Friday in May or in lieu thereof such other day as may in each year be proclaimed a public holiday for the planting of forest and other trees, and any other day appointed by proclamation for a general feast or thanksgiving; 1910 (2nd Session), c. 2, s. 11. 20. The term "gazette" or "official gazette" whenever enacted means The Alberta Gazette published by the King's Printer under the authority of the Lieutenant Governor in Council; 21. If the time limited by any Act for any proceeding or the doing of anything under its provisions expires or falls upon a hohday, the time so limited shall be extended to and such thing may be done on the day next following which is not a holiday; 22. The time known as "mountain standard time," being the local time at the one hundred and fifth meridian of longi- tude, is hereby declared to be the standard time of the province; and when any Act refers to any particular time of day such stan- dard time shall be considered to be meant; 28 INTEBPKETATION Cap. 3 1906 23. The expression "felony" shall mean any crime which Felony before the passing of The Criminal Code 1892 would have been a felony under the law of Canada; and "misdemeanour" shall mean any crime or offence which before the passing of the said Code would have been a misdemeanour imder the said law; 24. The expression "oath" includes a solemn affirmation Oath or declaration whenever the context applies to any person and case by whom and in which a solemn affirmation or declaration may be made instead of an oath; and in like cases the expression "sworn" includes the expression "affirmed" or "declared;" ''°™ 25. Whenever by. any Act or by any order, regulation or com- officers to mission made or issued by the Lieutenant Governor or Lieu-**'''"*'''^ tenant Governor in Council under any law authorizing him to require the taking of evidence imder oath, an oath is authorized or directed to be made, taken or administered, such oath may be administered and a certificate of its having been made, taken or administered may be given by anyone named in any such Act, order, regulation or conunission, or by a judge of any court, a notary public, a justice of the peace or a commissioner for taking affidavits having authority or jurisdiction within the place where the oath is administered; 25a. Without in any way limiting or restricting the manner in which an oath may be administered, the same may be taken or sworn on any one of the four Gospels; 1913 (1st Session), c. 9, s. 11 (3). 26. The expression "sureties" means sufficient sm-eties andg^JSriaes the expression "security" means sufficient security; and when- ever these words are used one person shall be sufficient therefor unless otherwise expressly required; 27. The expression "magistrate" means justice of the peace ;*^»e'^^a*« 28. The expression "justice" means a justice of the peace Justice and includes two or more justices if two or more justices act or have jurisdiction and also any person having the power or authority of two or more justices of the peace; 29. If anything is directed to be done by or before a magis-pffi^ ^ trate or a justice of the peace or other public functionary or' officer, it shall be done by or before one whose jurisdiction or powers extend to the place where such thing is to be done; 30. Whenever power is given to any person, officer or f unc- i^pUed tionary to do or to enforce the doing of any act or thing, all such"""^" powers shall be understood to be also given as are necessary to enable such person, officer or functionary to do or enforce the doing of such act or thing; 31. If in any Act any person is directed to be imprisoned or imprisonment committed to prison, such imprisonment or committal shall, if no other place is mentioned or provided by law, be in or to the common gaol of the locality in which the order for such im- prisonment is made or, if there is no common gaol there, then in or to that common gaol which is nearest to such locaUty; and the keeper of any such common gaol shall receive such person and safely keep and detain him in such common gaol under his custody until discharged in due course of law or bailed in cases in which bail may by law be taken; (2) Any place which is declared to be a prison farm by a by- law of the municipality under whose control or management it is may be constituted a common gaol by a proclamation of the Lieutenant Governor in Council; 1914, c. 2, s. 5. 29 1906 Cap. 3 INTERPRETATION Public expenditure Appointmenti removal, eto.i of officials Successors and deputies of officials Minister of Crown Officers retained during pleasure When majority may act Effect of incorporation Forms Repeal of by-laws, etc. Private Acts Power of repeal reserved 32. If any sum of the public money be by any act appro- priated for any purpose or directed to be paid by the Lieutenant Governor, the Lieutenant Governor in Council or the Alberta Government, then, if no other provision be made respecting it, such sum shall be paid under warrant of the Lieutenant Governor directed to the Treasxirer of the province out of the general revenue fund of the province; and all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form with such vouchers at such pieriods and to such oflBcers as the Lieutenant Governor may direct; 33. Words authorizing the appointment of any public officer or functionary or any deputy include the power of removing or suspending him, re-appointing or re-instating him or appointing another in his stead in the discretion of the authority in whom the power of appointment is vested; 34. Words directing or empowering any public officer or func- tionary to do any act or thing or otherwise applying to him by his name of office include his successors in such office and his or their lawful deputy; 35. Words directing or empowering a minister of the Crown to do any act or thing or otherwise applying to him by his name of office include a minister acting for or, if the office is vacant, in the place of such minister under the authority of The Public Service Ad or an order in council and also his successors in such office and his or their lawful deputy; 36. All officers now appointed or hereafter appointed under the authority of an Act or law, whether by commission or other- wise, shall remain in office during pleasure only unless otherwise authorized by law; 37. When any act or thing is required to be done by more than two persons a majority of them may do it; 38. Words making any association or number of persons a corporation or body politic and corporate shall vest in such corporation power to sue and be sued, contract and be contracted with by their corporate name; to have a common seal and to alter or change the same at their pleasure; and to have perpetual succession; and power to acquire and hold personal property or movables for the purposes for which the corporation is con- stituted and to alienate the same at pleasure; and shall also vest in any majority of the members of the corporation the power to bind the others by their acts; and shall exempt the individual members of the corporation from personal liability for its debts or obligations or acts provided they do not violate the provisions of the act incorporating them; 39. Whenever forms are prescribed slight deviations there- from not affecting the substance or calculated to mislead shall not vitiate them; 40. Whenever power to make by-laws, regulations, rules or orders is conferred it shall include the power from time to time to alter or revoke the same and make others; 4L No provision or enactment in any Act which is of the nature of a private Act shall affect the rights of any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or referred to; 42. Every Act shall be so copstrued as to reserve to the Legis- lative Assembly the power of repealing or amending it and of 30 INTERPKETATION Cap. 3 1906 revoking, restricting or modifying any power, privilege or advan- tage thereby vested in or granted to any person or party whenever such repeal, amendment, revocation, restriction or modification is deemed by the Legislative Assembly to be required for the public good; 43. The repeal of any Act or part of any Act or law shall not ^^^^^ g^^^ revive any Act or provision of law repealed by such Act or part of an Act or prevent the effect of any saving clause therein; 44. The repeal or amendment of any Act or law shall not ^^^^1^^°^^ be deemed to be or to involve any declaration whatsoever as as to law to the previous state of the law; previously 45. Whenever any Act or law is repealed, wholly or in pa^rt, ^^^^^^^j^^ and other provisions are substituted and whenever any regula-ofpreviouB tion is revoked and other provision substituted all officers," '*"'**°- persons, bodies politic or corporate acting under the old law or regulation shall continue to act as if appointed under the new law or regulation until others are appointed in their stead; and all proceedings taken imder the old law or regulation shall be taken up and continued under the new law or regulation when not inconsistent therewith; and all penalties and forfeitures may be recovered and all proceedings had in relation to matters which have happened before the repeal or revocation in the same manner as if the law or regulation was still in force, piir- suing the new provisions as far as they can be adapted to the old law or regulation; 46. Whenever any Act or law is repealed, wholly or in part,^«^^ ^^ and other provisions are substituted all by-laws, orders, regula- continued tions and rules made under the repealed Act or law shall continue good and valid in so far as they are not inconsistent with the substituted Act or provision until they are annulled or others made in their stead; . 47. Whenever any Act or law or part of an Act or law isRfpeai: ^ repealed and other provisions are substituted by way of amend- old law ment, revision or consolidation, any reference in any unrepealed Act or law (or in any rule, order or regulation made thereunder) to such repealed Act or law shall as regards any subsequent trans- action, matter or thing be held and construed to be a reference to the provisions of the substituted Act relating to the same subject matter as such repealed Act or law, whether such repealed Act or law be an enactment of this province or an Ordinance of the Nbrth-West Territories or an enactment of any other province of Canada: 1908, c. 20, s. 9. Provided always that there is no provision in the substituted Act relating to the same subject matter the repealed Act or law shall stand good and be read and construed as unrepealed in so far, but in so far only, as is necessary to support, maintain or give effect to such unrepealed Act or such rule, order or regulation made thereunder; 48. The repeal of an Act or law or the revocation of a regulation ^^^ ., at any time shall not affect any act done or any right or right Reserved of action existing, accruing, accrued or established or any pro- ceedings conmaenced in a civil cause before the time when such repeal or revocation takes effect; but the proceedings in such case shall be conformable when necessary to the repealing Act or regulation; but where there is no provision in the repealing Act or regulation relating to the same subject matter the repealed Act, law or regulation shall stand good and be' read and con- 31 1906 Cap. 3 INTERPHETATION Enforcement of Acta _^ Application of fines, etc. Recovery of penalties in unprovided Repeal' *" penalties and forfeitures not affected i. Acts public Judicial notice Printed copies of Acts Evidence of orders in council Construction of ActSj strued as unrepealed in so far but in so far only as is necessary to support, maintain or give effect to such right or right of action and the enforcement thereof; 49. Unless otherwise therein specially provided, proceedings for the imposition of punishment by fine, penalty or imprison- ment for enforcing any provincial statute or municipal by-law may be brought summarily before a justice of the peace under the provisions of part XV of The Criminal Code and amend- ments thereto; and the words "on smnmary conviction" when- ever they occur in any Act shall refer to and mean under and by virtue of part XV aforesaid; 1913 (1st Session), c. 9, s. 11 (1). 50. Any duty, penalty, fine o^ sum of money or the proceeds of any forfeiture imder any law of the province shall if no other provision be made respecting it, belong to the Crown for the public uses of the province and form part of the general revenue fimd of the province; 51. Where a pecuniary penalty or a forfeiture is imposed for the contravention of any Act then, if the jirovisions of pa'rjt XV afotesaid arte not applicable to the case and if no other mode is prescribed for the recovery of such penalty or fdrfeiture or if the mode prescribed is not applicable to the case, the penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Attorney General or of a private party suing as well for the Crown as himself in the court having jurisdiction to the amount of the penalty in cases of simple contract; if no other provision is made for the appropriation of the penalty or forfeiture one-half thereof shall belong to the Government of the province and the other half shall belong to the private plaintiff if any there be and if there be none the whole shall belong to the Crown; 1913 (1st Session), c. 9, s. 11 (2). 52. No offence committed and no penalty or forfeiture incurred and no proceeding pending under any Act or law at any time repealed or under any regulation at any time revoked shall be affected by the repeal or revocation, except that the proceeding shall be conformable when necessary to the repealing Act or regulation; and whenever any penalty, forfeiture or punishment is mitigated by any of the provisions of the repealing Act or regulation such provision shall be extended and applied to any judgment to be pronounced after such repeal or revocation; 53. Every Act shall, unless by express provision it is declared to be a private Act, be deemed to be a public Act and shall be judicially noticed by all judges, justices of the peace and others; 54. Every copy of any Act, public or private, printed by authority of law shall be evidence of such Act and of its contents; and every copy purporting to be so printed shall be deemed to be so printed unle^g the contrary is shown; 55. A copy of any regulation or order of the Lieutenant Governor in Council printed by the King's Printer or a written copy thereof attested by the signature of the clerk of the Execu- tive Council shall be evidence of such regulation or order; and any order in writing signed by the member of the Executive Council fulfilling the duties of the Provincial Secretary and purporting to be written by command of the Lieutenant Governor shall be received in evidence as the order of the Lieutenant Governor; 56. The preamble of every Act shall be deemed a part thereof mtended to assist in explaining the purport and object of the Act; and every Act and every provision or enactment thereof 32 INTEBPKETATION Cap. 3 1906 shall be deemed remedial, whether its immediate purport is to direct the doing of any thing which the Legislative Assembly- deems to be for the public good or to prevent or punish the doing of any thing which it deems contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Act and of such provision or enactment according to its true intent, meaning and spirit; 57. Where reference is made in any Act by nmnber to two Reference or more sections, subsections, clauses or paragraphs of any Act *° ^^""""^ or Statute, the nimiber first mentioned and the number last mentioned shall both be deemed to be included in the reference; 58. Reference by number to any section, subsection, para- Reference to graph, clause or line of any other Act shall be deemed to be aw°printed°" reference to such section, subsection, paragraph, clause or line of such other Act as printed by authority of law; 59. Where an Act is not to come into operation immediately ^°™=^^ on the passing thereof and confers power to hold any election, preiimmaiy to make any appointment, to make, grant or issue any instru-int™^™ ment, order in council, order, warrant, scheme, letters patent, rules, regulations or by-laws, to give notices, to prescribe forms or to do any other thing for the purposes of the Act, that power may, unless the contrary intention appears, be exercised at any time after the passing of the Act so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement thereof, subject to this restric- tion that any such instrmnent, order in council, order, warrant, scheme, letters patent, rules, regulations or by-laws shall not, unless a contrary intention, appears in the Act or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operationj 60. Nothing in this section shall exclude the application to^enra^^^ any Act of any rule of construction applicable thereto and not" °°°^ inconsistent with this section. CUSTODY OF ACTS. 8. All Acts heretofore passed, now passed and hereafter to Acts to be be passed shall be and continue to remain of record in the custody of the clerk of the Legislative Assembly. CERTIFIED COPIES OF ACTS. 9. The clerk of the Legislative Assembly shall affix the seal Authentication of the province to certified copies of all Acts intended for trans-" """'^ mission to the Secretary of State or required to be produced before courts of justice and in any other case which the Lieu- tenant Governor in Council may direct; and such copies so certified shall be .held to be duplicate originals and also to be evidence, as if printed by lawful authority, of such Acts and of their contents. 10. The clerk of the Legislative Assembly shall furnish a Certified certified copy of any Act to any person appljnng for the same"°'"*° upon receiving from such person such fee (not exceeding ten cents for every hundred words) as the Lieutenant Governor in Council may from time to time direct. 33 1906 Cap. 3 INTERPRETATION Certificate H. The clerk of the Legislative Assembly shall insert at the foot of every such copy so required to be certified a written certificate duly signed and authenticated by him to the effect that it is a true copy; and in case of any Act disallowed after it came into force, "but disallowed by the Governor General in Coimcil," which disallowance took effect on the day of , A.D. 1 CONSTRUCTION OF THIS ACT. interpretatioa 12. The provisions of tWs Act shall apply to the construction hereof thercof aud^to the words and expressions used therein. 34 1906 CHAPTER 4. An Act respecting the Public Service. (Assented to May 9, 1906.) IJIS MAJESTY, by and with the advice and consent of the *^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOKT TITLE. 1. This Act may be cited as "The Public Service Act." short title INTEEPEETATION. 2. In this Act, imless the context otherwise requires, the Head of expression "head of a department" or "head" means the mem-'^^P"^™™* ber of the Executive Council for the time being presiding over a department. 3. The expression "employee" or "employees" in this and Employee any other Act shall include all persons in the service of the Government and of the Legislative Assernbly of the Province other than the clerk of the Legislative Assembly and the auditor appointed under The Treasury Department Act. APPLICATION. service 4. The Public Service of the province for the purposes ofP'^!|j this Act includes and consists of the clerk of the Legislative °° " Assembly and the Provincial Auditor and of all classes of employees in or under the following departments of the Government and of the Legislative Assembly of the province heretofore appointed or hereafter to be appointed by the Lieutenant Governor in Council or other competent authority, namely: (a) The Office of the Executive Council; (6) The Department of the Attorney General; (c) The Department of the Provincial Secretary; (d) The Department of the Treasury; (e) The Department of Railways and Telephones; (/) The Department of Public Works; (g) The Department of Agriculture; (h) The Department of Education; (i) The Department of Municipal Affairs; 0) The Office of the Government Printer; (h) The Office of the Legislative Assembly. 1911-12, c. 4, s. 12. 5. Save as hereinafter excepted, this Act shall apply to such AppUcation of the offices of the registrar, clerks and deputy clerks of the 35 1906 Cap. 4 PUBLIC SERVICE Supreme Court of the North-West Territories as are in the province, and to the offices of the registrar, clerks and deputy clerks of all courts of justice hereafter established by law in the province. In so far as applicable and for the purposes of this Act the word "department" in this Act shall extend to and include the officers of the Supreme Court of the North-West Territories at present exercising jurisdiction in Alberta, and to the officers of all courts of justice hereafter estabUshed by law, and the Attorney General of the province for the time being shall be the head thereof; but nothing herein contained shall impair or interfere with any abeady established authority or control of the courts and judges over their officers. AppUoation 6. This Act shall apply to the permanent employees of the employees ^Legislative Assembly, saving always all legal rights and privi- Le&?ative legcs of the Said Assembly as respects the appointment or removal Asaembiy of its officers Or scrvants or any of them. DIVISION OF THE PUBLIC SERVICE. Inside divisiozi Outside division 1. The public service shall be divided into two divisions: (a) The first or inside division shall consist of the employees comprising the several departmental staffs at the seat of Government in the proAnnce enumerated in the fourth section of this Act. (6) The second or outside division shall comprise all other employees of the Government of the province. CLERK OF THE LEGISLATIVE ASSEMBLY. how"™*?™* ^' ^^^ clerk of the Legislative Assembly shall be appointed by the Lieutenant Governor in Council and shall hold office during pleasure; but. whenever such pleasure is exercised in the cSrection of removing a clerk of the Legislative Assembly from his office a statement of the reasons for so doing shall be laid on the table of the Legislative Assembly within the first fifteen days of the next following session thereof. MANAGEMENT OF DEPARTMENTS. Overaght^of 9. The head of each department shall oversee and direct ep men ^j^^ employees _of the department; and shall have general con- trol of the business thereof; and shall perform such other duties as are assigned to him by the Lieutenant Governor in Coimcil. Powers of deputy in absence of bead 10. In the absence of any head, the deputy or assistant to the head of the department shall perform the duties of such head unless an acting head of the department is appointed or the performance of such duties is otherwise provided for by the Lieutenant Governor in Council; and any deputy or assistant head so acting during such absence shall exercise all the powers vested in the head as to the control of the other employees of the department. 36 PUBLIC SERVICE Cap. 4 1906 APPOINTMENTS. 11. {Repealed~1907, c. 5, s. 3.) 13. All appointemnts to the public service shall be made How made by the Lieutenant Governor in Council on the application and report of the head of the department in which the person appointed is to be employed. All such appointments shall be during pleasure. 13. It shall be lawful for the Lieutenant Governor in Council -^ot'^B to appoint any member of the Executive Council to act as head of the department and also to appoint any acting officer or servant of any kind who shall have all the power and authority of the person for whom he is acting. (2) Such acting head of department, officer or servant shall ^™ g° ^ act only in the absence from the post of duty or during illness *^^^ '" or other physical disability of the person for whom he acts or in case of a vacancy in office. OATHS. 14. All employees of the pubUc service who have not already Employees done so and every clerk of the Legislative Assembly, Provincial J^ "ath^"^^ Auditor, or employee hereafter appointed, before any salary aUeEi^oe is paid to him shall take and subscribe the oath of allegiance t° which shall be in the following form and also the oath contained in form A in the schedule hereto in addition to any other oath which may be provided by any other Act in that behalf: I, (A.B.) of..., in the Province of Alberta do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty King Edward the Seventh as lawful Sovereign of the United Kingdom of Great Britain and Ireland and of this province dependent on and belonging to the said Kingdom; and that I will defend him to the utmost of my power against all traitorous conspiracies or attempts whatsoever which may be made against His Person, Crown and Dignity; and that I will do my utmost endeavour to disclose and make known to His Majesty, His Heirs or Suc- cessors, all treason or traitorous conspiracies and attempts which I may know to be against him or any of them. And all this I do swear without any equivocation, mental evasion or secret reservation. So help me God. 15. In the case of the clerk of the Executive Council andcierkof all employees under hitn and in the case of any officer or employee coSi™ of whom the Lieutenant Governor requires the same there shall ^]^g^^^*° be added to the oath at the asterisks in the form of the oath inaeoreoy said form A of the schedule hereto the words contained ia form B in the said schedule. 16. The clerk of the Executive Council shall take and sub-P«Bon8 scribe the said oaths before the Lieutenant Governor or some wh^ suet one appointed by him to administer the same; in the case ofgf^^^™*" persons residing or coming to reside at the seat of Government in the province, the oath shall be taken and subscribed before the clerk of the Executive Council; in other cases the oaths 37 1906 Cap. 4 PUBLIC SERVICE may be taken and subscribed before any person duly authorized to administer oaths in the province, who shall forward the same to the clerk of the Executive Council. Record of oaths 17. The clerk of the Executive Council shall keep a record of all suoh oaths. SALARIES. Salaries 18. All employees in the pubhc service of the province, the clerk of the Legislative Assembly, and the Provincial Auditor shall receive such salaries respectively as may be assigned to them by order in coimcil and voted by the Legislature. ORGANIZATION. Precedence of officials Divlaions of departments 19. The staff of each department shall be divided and rank as follows: (a) The deputy or assistant to the head of the department; (6) The chief clerk of each branch, bureau or sub-department provided the department is so divided; (c) Clerks; (d) Messengers. 30. The Lieutenant Governor in Council may from time to time divide any department into as many branches, bureaus or sub-departments as may appear most convenient for the service; and one of the clerks in such department may be appointed chief clerk of such branch, bureau or sub-department. GENERAL PROVISIONS AND REGULATIONS. Hours of attendance ofadais 31. As soon as conveniently may be after the passing of this required ^^^^ ^j^g Lieutenant Governor in Council shall determine the number of officers or employees that are required for the working of each department and shall classify the same according to the arrangements so determined. 33. (Repealed— 1914:, c. 2, s. 25.) (2) (Repealed— 1907, c. 5, s. 3.) 33. The Lieutenant Governor in Coimcil may regulate the hours of attendance of the employees in any department; and when the public service demands, in case of pressure or urgency, that additional time be given, such additional time as the head or deputy head of any department may require shall be given by all the clerks and employees without adchtional compensation. derkfta)m ^*" '^^® Lieutenant Governor in Coimcil may transfer any onl department clerk Or employee from one department to another or assign to another ^^y duties to any clerk or employee temporarily or otherwise. 35. Unless otherwise ordered by the Lieutenant Governor in Council, no allowance or compensation shall be made for any extra services whatsoever which any clerk or employee may be required to perform. 38 Payment for extra servioes PUBLIC SERVICE - Cap. 4 19C6 36. The head of a department may suspend from the Suapenmon performance of his duty or from the receipt of his salary any"'"®""'' employee guilty of improper conduct or negligence in the per- formance of his duties and may subsequently remove such sus- pension; but no person shall receive any salary or pay for the time during which he was under suspension. 37. Any application for increase of salary made by anyNoappUoationa employee in the public service or by any other person on hiSofm"S^* behalf with such employee's consent or knowledge shall be con-to'ien^de sidered as a tendering of the resignation of such employee. 38. The head of a department may at such times as may be^™^^"' convenient grant to each employee in the department leave of absence for recreation for any period not exceeding three weeks for each year of service; and the head of a department, may, in case of ilhiess or other pressing necessity, grant such extended leave not exceeding twelve months and on such terms as the Lieutenant Governor in Council may thinlc fit. '39. The Lieutenant Governor in Coimcil may make rules ^^^^^ and regulations for carrying the provisions of this Act intomaybemlde effect. 30. Where in any Ordinance of the North-West Territories References to or Act of the Parliament of Canada with relation to any matter ^"^ntf^o^^ within the legislative jurisdiction of the ProAonce of Alberta, Or^Mmce's, etc. reference is made to any pubUc department, head of a depart- mem cones- ment, officer or functionary of the Government of the North- g""^^?^^"^" West Territories, such reference -shall be taken to mean and etc, of the to refer to and since the first day of September, 1905, to have*""™"™ meant and to have referred to, the corresponding public depart- ment, head of a department, officer or functionary of the Government of Alberta, if any such exists or is hereafter by law established; provided that nothing in this Act shall be taken to invalidate any Act or thing done by any head of department, officer or functionary of the North-West Territories under the authority of any such Ordinance or Act. 30a. Whenever under the provisions of any Ordinance of Lieutenant the North-West Territories or Act of the Province of Alberta, gi?In™Swer or regulations passed in pursuance thereof, any duties, powers ^j^^^^^ or functions are assigned to any member of the Executive Council or any department of the public service, the Lieutenant Governor in Council may, from time to time, assign such duties, powers and fimctions or any of them to such other member of the Executive Council or department of the public service as may be deemed proper in the place and stead of the member of the Executive Council or department of the pubhc service, to which such duties, powers and functions, or any of them,. are assigned by Ordinance or Act or regulations as aforesaid. 1911- 12, c. 4, s. 12. 31. All enactments and provisions of law and all orders and Repeal regulations made thereunder inconsistent with or repugnant to this Act are hereby repealed. 39 1906 Cap. 4 PUBLIC service SCHEDULE. FORM A. Oaih of Office. I, (A.B.j) do sblemnly and sincerely swear that I will faithfully and honestly fulfil the duties which devolve upon me as , and that I will not ask or receive any sum of money, services, recompense, or matter or thing whatsoever, directly or indirectly, in return for what I have done or may do in the discharge of any of the duties of my said office, except my salary or what may be allowed me by law or by an order of the Lieutenant Governor in Council. * * So help me God. FORM B. Addition to Oaih for Clerk o/ Executive Council and Others. And that I will not, without due authority in that behalf, disclose'or^make known any matter or thing which comes to my knowledge by reason 'ofimy employment as {as the case may be). 40 1906 CHAPTER 5. An Act respecting the Treasury Departnaent and the Auditing of Public Accounts. {Assented to May 9, 1906.) UIS MAJESTY, by and with the advice and consent of the *^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Treasury Department Ac<."stort title INTEBPRETATION. 2. In this Act unless the context otherwise requires — interpretation (a) The expression "treasurer" means the member of the Treasurer Executive Council appointed to act as Provincial Treasurer; (6) The expression "auditor" means the Provincial Auditor; Auditor (c) The expression "board" means the treasury board; Board (d) The expression "department" means the Treasury Depart- Department ment; (e) The expressions "public revenue," "revenue," and " public ^'"I'lic money" respectively mean all revenue and pubUc moneys arising or public from any source whatever, whether such revenue and moneys '"°°°'' belong to the province, or are held by the province, or collected or held by ofl&cers of the province for, or on account of, or in trust for any provinces forming part of the Dominion, or for the Dominion or for the Imperial Government, or for any other party or person; (f) The expression "revenue oflScer" means any person Revenue employed in collecting, managing or accounting for revenue, °^°°'^ or in carrying into effect any laws relating thereto, or in pre- venting the contravention of any such laws; and so far as regards accounting for and paying over such revenue, the said expression includes any person who has received or has been entrusted with any public money, whether such person was regularly employed for such purpose or not. ORGANIZATION AND FUNCTIONS OF DEPARTMENT. 3. There shall be a department of the pubUc service of the Organization province to be called "the Treasury Department," over which the member of the Executive Council appointed by the Lieutenant Governor under the seal of the province to discharge the functions of the Provincial Treasurer for the time being shall preside. 4. The department shall have the management and control of the revenue and expenditure of the province. 41 1906 Cap. 5 TEEASTJKY DEPARTMENT General revenue fund, what to consist of GENERAL REVENUE FUND. 5. All revenues whatever, however arising or received, over which the Legislative Assembly of the province has power of appropriation, excepting moneys which may otherwise be specially disposed of by the Legislature, shall form one general revenue fund to be appropriated for the public service of the province. What charged 6. The general revenue fund shall be permanently charged ^^^ with all costs, charges and expenses incident to the collection, management and receipt thereof, such costs, charges and expenses being subject, neviertheless, to audit and to legislative review and vote. Appropriations 7. The Legislative Assembly shall not adopt or pass any revmll'ifund votc, rcsolution, addrcss or bill for the appropriation of any and how made part of such general revenue fund to any purpose which has not been first recommended to the said Legislative Assembly by message of the Lieutenant Governor during the session in which such vote, resolution, address or bill is proposed. COLLECTION AND MANAGEMENT OF REVENUE. Appointment of 8. The Lieutenant Governor in Council may from time to revenue officers ^^^ determine what revenue officers it is necessary to employ and assign their names of office and fix their salaries and appoint the times and manner in which the same shall be paid; but no such ofiicer shall receive a higher salary than is allowed in his case by any Act of the Legislative Assembly then in force, nor shall any such salary be paid unless voted by the said Legislative Assembly. Officers employed on any duty to be deemed proper officers for such duty, etc. 9. Every revenue ofiicer employed on any duty or service by the order or with the concurrence of the Lieutenant Governor in Council shall be deemed to be the proper officer for that duty or service; and everything required by any law to be done by, to or with any particular officer designated for that pxirpose in such law shall, when done by, to or with any person appointed or authorized by the Lieutenant Governor in Council to act in behalf of such particular officer, be deemed to be done by, to or with such particular officer. Officers of one 10. Any revenue officer employed for any branch of the beTmpbyJd revenue may be employed for any other branch thereof whenever in others it is deemed advantageous for the public service so to employ him. Hours of attendance 11. The Lieutenant Governor in Council may from time to time appoint the hours of general attendance of the revenue officers at their place of emplojonent and may also appoint the times during such hours or the seasons of the year at which any particular portions of their duties shall be performed; and a notice of the hours of general attendance so appointed shall be constantly posted up in some conspicuous place in such places of employment. 42 TREASUEY DEPARTMENT Cap. 5 1906 13. The Lieutenant Governor in Council may direct anysookeand revenue officer to keep any books or accounts for the purpose *'"'°""** of obtaiaing any statistical information touching the resources or public works of the province or other matter of pubUc interest and may authorize any necessary expense for that purpose. 13. The Lieutenant Governor in Council may from time to oversight time assign the immediate oversight and control of any revenue 0°^^°°^°' officers to such of the public departments as may be deemed convenient; and in default of other assignment such immediate oversight and control shall rest with the Treasury Department. 14. All revenue shall be paid promptly to the treasurer through Payment of such officers, banks or parties and iu such manner as the Lieu- tenant Governor in Council may from time to time direct. 15. Revenues for the previous fiscal year may be received Revenue of .at the office of the treasiuer and placed to the credit of such """"""^ ^™' fiscal year's account up to and inclusive of the fifth day of January in each year. 16. The Lieutenant Governor in Coimcil may from time to Aooountin* time appoint the times and modes in which any revenue officer Sffi'S™"* shall accoimt for and pay over the public moneys which come into his hands; and may determine the times, manner and form in which and the officer by whom any licenses on which any duty is payable are to be issued; but such accounts and pay- ments shall be rendered and made by such officers at least once in every three months. 17. Every revenue officer on receiving pubUc money shall Duty of forthwith deposit the same in his name of office in such char-on^eoelvlS''' tered bank as the" Lieutenant Governor in Council may appoint ;™'"'^y and no money so deposited shall be paid out again except for the purpose of being paid to the treasurer on the written order or official cheque of the officer so depositing or of his successor; and every such officer shall keep his cash book written up daily; cash book and all his books, accounts and papers shall at all times during office hours be open to the inspection .of any person whom the treasurer may authorize to inspect the same; but where such money is received at a place where it is not convenient to pay it into a chartered bank, the Lieutenant Governor in Council may direct it to be paid over in such manner as he may deem expedient. TREASURER AND TREASURY DEPARTMENT. 18. Any member of the Executive Council who may be Members of appointed by the Provincial Treasurer shall diu-ing his term com'S^may of office have all the powers and duties assigned to him by this J[f J;^p^^|^ Act and such other duties and functions as the Lieutenant Governor in Council may from time to time impose on him. 19. There shall be employed on the staff of the Treasury staff of Department, imder appointment of the Lieutenant Governor S^^rtment in Coimcil, such officers and persons as may be deemed neces- sary; and their respective duties in all matters not expressly 43 1906 Cap. 5 THEASXJKY DEPARTMENT regulated by law shall be such as may from time to time be assigned to them by order of the Lieutenant Governor in Council or subsidiarily thereto by the treasurer. Mode of 30. The accounts of the province shall be kept in the Treasury puKiccounts Department in such manner and under such regulations as to their fullness and accuracy and as to the measure of oversight and responsibility attached thereto to the treasurer and to the auditor or the treasury board respectively as the Lieutenant Governor by order in council or (subject to all such orders) the treasurer may make from time to time. Fiscal year Public accounts 31. The fiscal year of the province shall be the period from the thirty-first day of December in one year to and including the thirty-first day of December in the next year. 33. As soon as practicable after the close of each fiscal year there shall be prepared under the direction of the .treasurer, for submission to the Legislative Assembly at its next session, a statement of the pubUc accounts for such year showing clearly and fully the several revenues and expenditures of the province for the year, the state of the general revenue fund and all trust and special funds under the management of the Provincial Government, and all matters requisite to explain the financial transactions and position of the province during and at the close of each year. Time of rendering accounjts may be altered 33. The Lieutenant Governor in Council may alter the period at or to which any accoimtant for pubhc money, public officer, corporation or institution is required to render any account or to make any return, whenever in his opinion such alteration will facilitate the correct preparation of such statement of the public accounts or of the estimates, anything in any Act to the contrary notwithstanding. Estimates Balances to lapse Estimates, what to contain Investment of revenue 34. All estimates submitted to the Legislature shall be for the services coming in course of payment during the fiscal year or during such other term as such estimates may expressly pur- port to cover; and all balances of appropriations remaining imexpended at the close of such fiscal year or other term shall lapse and be written off, except that in case of liabilities incurred during the then expiring fiscal year accounts therefor may be paid up to and including the thirty-first day of January following, but not later; and all such payments shall be charged to and form part of the expenditure of that expiring year. 35. The estimates shall contain the statutory appropriations which do not require to be voted upon by the Legislative Assembly year by year and also the respective amoimts required for any service in addition to such statutory appropriations or other- wise, as the case may be, for which a vote of the Legislative Assembly is required to authorize the expenditure of the same. 36. The Lieutenant Governor in Council may from time to time direct the treasurer to invest any portion of the general revenue fund not presently required for expenditure in public 44 TREASURY DEPARTMENT Cap. 5 1906 securities of the Dominion of Canada or of the province or in the debentures of school districts in the province; and may afterwards, whenever requisite to meet expenditure, direct him to dispose thereof to that end, in such manner, on such terms and to such amount as may be deemed most for the public advantage. 1915, c. 2, s. 3. 37. All payments of public "moneys shall be made by oflScial ^='g™^*"« cheque on a chartered bank, such cheque being signed by the cheque treasurer and countersigned by the auditor as hereinafter pro- vided. 38. All institutions, establishments, associations and bodies, ^^^"^'°|*°*'« sustained or in part aided at public expense, shall render yearly by instituticM on or before the thirty-first day of January for the twelve months revenue"" ended on the thirty-first day of the preceding month of December, in such form as from time to time may be required by the Lieu- tenant Governor in Council, a full report of their condition, management and progress and also all statistical returns which may from time to time be required of them by the Lieutenant Governor in Council. 39. The clerk, secretary, overseer or other proper oflBcer of^^jj^^*^"" every municipal corporation, village or school district, when- paJitiea, etc., ever required by the treasurer, shall transmit to him a return" ™''^''""'« verified under oath setting forth the amount of real and personal property in the municipality, village or school district according to the then last revised assessment roll or rolls, a true account of all the assets, debts and liabilities of such municipalities, village or school district, and all such information and particulars as to the resources, debt's and liabilities thereof as he may from time to time require. 30. The Lieutenant Governor in Council may from time to J^«^""^^ 1'°'' time direct through what department or departments the various reports and returns referred to in the last two preceding sections, or any of them, shall be rendered for transmission to the Treasury Department; and in default of other direction the same shall be rendered direct to the Treasury Department. TREASURY BOARD, ITS POWERS AND DUTIES. 31. For the purpose of reference and decision in regard to Treasury the matters hereafter referred to it, a treasury board composed ^""p^sMon of members of the Executive Council shall be appointed by of the Lieutenant Governor in Council; and the members so appointed shall be the treasury board for the time being. 33. The Lieutenant Governor in Council may, in case ofiunessor illness or absence of any member of the board, authorize any prowled other member of the Executive Council to perform all or any*" of the duties of the absent member as such. 33. The treasury board shall keep a regular minute book Minute book in which shall be recorded all its proceedings; any member Questions may bring any question of audit before the board, although"'*""^* it may hot relate to a department under his charge. 45 1906 Cap. 5 TREASURY DEPARTMENT Reports 34. Upon all matters of importance the board shall report ° °^'^ to the treasurer; and when any such report is made any member of the board may record his dissent on the minutes and may submit to the treasurer a minority report. to^bSraS ^^* '^^^ treasury board shall frame regulations respecting — by board (qj) The method of bookkeeping to be used in the several departments of the Government of the province; (b) The issuing of warrants; (c) The accounting for public moneys and the auditing of accounts thereof; and shall submit such regulations to the Lieutenant Governor in Council through the treasurer; and from time to time may suggest any amendments which it may deem advisable in such regulations and submit them in like manner; and any order in council made on any of these subjects shall have the force of law until revoked or amended, as it may be, by any subsequent order. Board to 36. The treasury board shall examine the yearly statement meS'of |i*iw of the public accounts and submit its report thereon to the aeoounts Lieutenant Governor in Council for communication to the Legis- lative Assembly. Persons may 37. The treasury board may examine any person on oath onol^™*^ on any matter pertinent to any account submitted to it and such oath may be administered by any member of the board. Subpoena 38. Any member of the board, duly authorized by it, may before toard apply in chambers to any judge of the Supreme Court of the North-West Territories, or to the judge of any court hereafter constituted exercising within the province the jurisdictidn, powers and authority at the date of the passing of this Act exercised therein by the Supreme Court of the North-West Territories, for and obtain an order directing any person therein named to appear before the said board at the time and place mentioned in such order and then and there to be examined under oath as to any and all matters within his knowledge relative Production of to any account submitted to the board and to bring with him and papers, etc. produce to the board any document, paper or thing which he may have in his possession relating to such account as aforesaid. Commission to 39. If any person whose examination is required by the board take evidence j.ggi(jeg ^^ ^ distance from the place where its sittings are held or for any other reasonable cause it may be considered proper, on application as in the last preceding section mentioned the judge may order such examination to be taken before an officer or person named in the order who shall, by virtue of such order, take such evidence and report the same to the board; and such officer or person, being first sworn before some justice of the peace faithfully to execute the duty imposed on him by such Powers of officer, shall with regard to such examination have the same powers as the board or any member thereof would have if such examination had been had before the board itself. 46 commissioner TREASURY DEPARTMENT Cap. 5 1906 40. If any person so ordered to attend before the treasury Penalty in board, or any officer or person appointed as aforesaid, fail with- S to*°*°° out vaUd excuse to attend as ordered or to produce any document, SS'or*'"" paper or thing in his possession relating to the subject matter oommjasioner in question, or refuse to be sworn or to answer any pertinent question put to him during his examination, such person shall be guilty of an offence and be liable on summary conviction thereof to a penalty of $100, and in default of payment forth- with after conviction to imprisonment for a period not exceeding three months. PENALTIES AND REMEDIES FOR MALFEASANCE AND DEFAULT. , 41. If any person refuses or neglects to transmit any account. Refusal to statement or return with the proper vouchers to the officer oraooo^mts department to whom he is lawfully required to transmit the same on or before the day appointed for the transmission thereof, ■ such person shall, for every such refusal or neglect be guilty of an offence and be liable on summary conviction thereof to a penalty of $100, and in default of payment forthwith after conviction to imprisonment for a period not exceeding three months. 43. Whenever the treasurer has reason to believe than any Persona officer or person has received public money or money applicable pubiS^oneys to any public purpose and has not paid over or duly applied a""! not and accounted for the same, he may by a notice in writing to*"'"™ ^ such person, or to his representative in case of death, require How to be that within a time to be named therein such money be paid over dealt with or applied and accounted for to the treasurer or the officer to be mentioned in the notice with proper vouchers. 43. If any such person fail to pay over, apply or account f or P^eeedrng^ any such money or to transmit such vouchers within the time faulTo'pay ° limited by the notice served on him, the treasurer shall state "J'^'^""®''' an account against such person in the matter to which the notice notice relates charging interest from the date of service thereof which statement or a certificate thereof shall be sufficient ■prima facie evidence to support any proceeding for the recovery of the amount thus shown to be in the hands of the said person as a debt due to the Crown. 44. If at any time it appears clearly by the books of accounts Jndgment may kept by or in the office of any revenue officer, or by his written against officer acknowledgment or confession that he has by virtue of his office '°'^®^'"^* or employment received any public money amounting to a sum certain which he has failed to pay over to the officer duly appointed to receive the same and in the manner and at the time lawfully appointed, then, upon affidavit of the facts by any officer cogni- zant thereof and thereunto authorized by the Lieutenant Governor in Council made before a judge of the Supreme Court of the North-West Territories or of any court hereafter constituted exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exercised therein by the Supreme Court of the North-West Territories, such judge may direct a judgment to be entered therefor in the name of the Attorney General against the officer so in default m the 47 1906 Cap. 5 TREASURY DEPARTMENT Persons receiving money for apeci6c purpose failing to so apply it Officers liable for public moneys lost through malfeasance, etc. said court in the judicial district in which such officer resides with such costs as the judge may direct, upon which execution may be had as in cases of judgment obtained in the ordinary course of procedure in the said court. 45. If any person has received pubUc money for the purpose of applying it to any specific purpose and has not so applied it within the time or in the manner provided by law, or if any person having held any public office and having ceased to hold the same has in his hands any public money received by him as such officer for the purpose of being applied to any specific purpose to which he has not so applied it, such person shall be deemed to have received such money for the Crown for the public uses of the province and may be notified by the treasurer to pay such sum back to him; and the same may be recovered from him in any manner in which debts to the Crown may be recovered and an equal sum may in the meantime be applied to the purpose to which such sum ought to have been applied. 46. If by reason of any malfeasance or of any gross careless- ness or neglect of duty by any revenue officer any sum of money be lost to the Crown, such officer or person shall be accoxmtable for such sum as if he had collected and received the same; and it may be recovered from him by civil procedure in the Supreme Court of the North-West Territories or in any court hereafter constituted exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exer- cised therein by the Supreme Court of the North- West Territories, at the suit of the Attorney General on proof of such malfeasance, gross carelessness or neglect in like manner as if he had so col^ lected and received it. 47. If any revenue officer receive directly or indirectly any money, service, value or thing whatever from any person not legally authorized to pay or allow the same on account of any- thing done by him in any way relating to his office or employment, except what he receives by order or with the permission of the Lieutenant Governor in Coimcil, every such officer shall on proof of the same to the satisfaction of the Lieutenant Governor in Council be dismissed from his office or employment; and if any person, not being an officer duly authorized to pay or allow the same, give, offer or promise any such money he shall, for every such gift, offer or promise, be guilty of an offence and be liable on summary -conviction thereof to a penalty of $400 and in default of payment forthwith after conviction to imprisonment for a period not exceeding six months. Books, etc^ of 48. All books, papers, accounts and documents of what kind revenue officers i , j u ■ j.1. ■ i- ^ property of socvcr kept Or used by or m the possession of any revenue officer Crown jjy virtue of his employment as such shall be deemed to be chattels belonging to His Majesty and all moneys or valuable securities received or taken into his possession by virtue of his employment shall be deemed to be moneys and valuable securities belonging to His Majesty. remedie^not *®" Nothing Contained in this Act shall prevent, lessen or Xoter °° impair any remedy already given by law to His Majesty or any other party. 48 Acceptance by officer of reward for official acts TREASURY DEPARTMENT Cap. 5 1906 MISCELLANEOUS PROVISIONS. 50. Upon all examinations and inquiries made by order of jM^esamd the Lieutenant Governor in Council for ascertaining the truth to be conducted as to any fact concerning the revenue or the conduct of revenue™ ""** oflScers and upon like examinations and inquiries made by any person authorized by the Lieutenant Governor in Council to make the same, any person to be examined as a witness shall deliver his testimony on oath to be administered to him by the person making the examination or inquiry. 51. The Lieutenant Governor in Council whenever he deems RemiBsion of taxes or fees i: ~ certaia cases it conducive to the public good and when great pubhc incon- *"™ °'' ^°°° '° venience or great hardship and injustice to individuals would otherwise ensue, may remit any tax or fee payable to His Majesty imposed or authorized . and relating to any matter within the scope of the Legislative Assembly or any forfeiture or pecuniary penalty imposed for any contravention of the laws relating to the revenue or to the management of any public work producing revenue although any part of such forfeitur.e or penalty be given by law to the informer or prosecutor or to any other party; and such remission may be made by any general regulation or by special order in any particular case; and may be total or partial, uncon- ditional or conditional; but if conditional and the condition be not performed, the order made in the case shall be null and void and all proceedings may be had and taken as if it had not been made. 53. A detailed statement of all remissions mentioned in the statement of last preceding section sball be annually submitted to the Legis-f^/^°5*''''° lative Assembly within the first fifteen days of the next ensuing session thereof. 53. The Attorney General may sue for and recover in His Penalties an Majesty's name any penalty or forfeiture imposed by any law*""^*""™*^ relating to the revenue; and the whole of such penalty or forfeiture shall belong to His Majesty for the public uses of the province unless the Lieutenant Governor in Council do, as he may if he see fit, allow any portion thereof to the seizing officer or other person by whose information or aid the penalty or forfeiture has been recovered. (2) The Attorney General may direct the discontinuance of any suit for any such penalty or forfeiture by whom or in whose name soever the same has been brought. 54. All commissions and appointments of revenue officers Easting issued or made before the passing of this Act shall continue in ^pp°™^J'°'^ force unless and until revoked or altered by competent authority; and the nature of the duties and local extent of the powers of each officer shall, unless and until they be expressly altered and so far as they are not inconsistent with any Act of the Legislative Assembly, remain the same as if granted or made under the authority of this Act, subject always to the provisions and enact- ments thereof; and all bonds which have been given by such Bonds to officers or persons or their sureties shall remain in full force and tSilSc'e effect. 49 1906 Cap. 5 TKEASUEY DEPARTMENT PROVINCIAL AUDITOR. Provincial Auditor 55. For the complete examination of the public accounts of the province and for reporting thereon to the Legislative Assembly the Lieutenant Governor in Council may appoint an officer to be called the Provincial Auditor who shall hold office during good behaviour and shall be removable for cause by the Lieutenant Governor on address of the Legislative Assem- bly; but he may at any time be suspended from office for cause assigned and another person temporarily appointed by the Lieutenant Governor in Coimcil to act as Provincial Auditor until the Legislative Assembly at its next session shall have considered and taken action in the premises. AsEdstants may be employed 56. The Lieutenant Governor in Council shall from time to time appoint any officer, clerk or other person to be employed in the office of the auditor. to"m^e ^^' ^^^ auditor shall have power to make from time to time rules, etc. Order and rules for the conduct of the internal business of his office and to prescribe regulations and forms for the guidance of departmental accountants in making up and rendering their accounts for examination: a"''rovaf'of ^* Provided always that such rules, regulations and forms shall treasury board be approved by the treasury board previous to the issue thereof. Book of record to be kept 58. The auditor shall keep proper books of record of all revenues and expenditures of the province with an appropriation ledger in which the several appropriations and sub-appropriations shall be classified, containing an account under separate and distinct heads of every such appropriation or sub-appropriation, whether permanent or temporary, entering under each head the amounts drawn on account of such appropriation, with the dates and names of the parties to whom payments are made and the services for which they were respectively made. Uniform system of accoimt books 59. A uniform system of account books adapted to the requirements of each department in order to exhibit in a con- venient form the whole of the receipts and of payments in respect of each vote shall be prepared by the auditor and submitted to the treasury board for approval before its adoption. Auditor to check receipts and payments And certify same 60. The auditor shall check during each month the receipts and payments of the several departments for the calendar month previous from the books of the department wherein the trans- actions of such are regularly posted with the books of his office; and shall certify in the departmental books referred to the result of such audit and the date of inspection. Auditor to check accounts Accounts to be rendered in duplicate 61. The auditor shall examine, check and audit all accounts of receipts and payments of public moneys whether appertaining to the province or received and paid by the province on accoimt of or in trust for any other party or parties. 68. All accounts against the Government of the province must be rendered in duplicate; the heads of the several depart- ments or the officers, clerks or other persons charged with the 50 TKEASUBT DEPARTMENT Cap. 5 1906 expenditure of public moneys shall respectively audit the details of the accoxmts of the several services in the first instance and be responsible for the correctness of such examination; but such departmental examination shall not relieve the auditor from finally examining and auditing the accounts as provided for under this Act. 63. After the correctness of any account has been certified J^^^'^l'^^*^'' to in the manner prescribed by the treasury board the same be d^it with shall be handed to the auditor for final examination and audit and upon the completion of such examination the original voucher shall be handed to the treasurer for retention, the other to be returned to that branch of the service under the authority of which the expenditure has been incurred. 64. Every appropriation accoimt shall be examined by the ^o™™*? *» auditor on behalf of the Legislative Assembly, and in the exam- by 1?^/ ination of such accounts the auditor shall ascertain — (a) Whether the same is supported by vouchers or proof s His luties as to p' • !• T_ 1 1 Ti>. 11 such aceounte of services havmg been, rendered or supplies furmshed; and (&) Whether the money being expended is being applied to the purposes for which such grant was intended: Provided always that whenever the said auditor shall beP™™oastp J 1 ,1 •'. ,1 ' J.' r re-exanunatioii required by the treasurer to make a re-exammation of any of aoooimts appropriation account for the purpose of ascertaining whether the expenditure incurred under any such account is supported by proper authority and the payment applied as indicated by the voucher or of proof of payment or that a payment so charged did not occur within the period of the account or was for any reason not properly chargeable against the grant, the auditor shall examine such account with that object and shall report to the treasurer any expenditure which may appear upon such re-examination to have been incurred or applied without proper authority; and if the treasurer should not thereupon see fit to sanction such unauthorized expenditure, it shall be regarded as not chargeable to a legislative grant and shall be reported LSdatme to the Legislative Assembly in the manner herein provided. 65. In conducting the examination of accoimts or vouchers Method of relating to the appropriation of the grants for the several services of ^oun™ sanctioned by the estimates of the year, by any Act of the Legis- lative Assembly, or by any other act, law, order or regulation, the auditor shall test the accuracy of the computations of the several items of such vouchers; and if he be satisfied that the accounts bear evidence that the vouchers have been completely checked, examined and certified as correct in every respect and that they have been allowed and passed by the proper depart- mental officers he may admit the same as satisfactory evidence of correctness in support of the charges to which they may relate but he shall not be thereby relieved from his responsibility in the matter: Provided always that if the treasurer should desire any vouchers Further to be examined by the auditor, in ^eater detail, the auditor^*""™'*""' shall cause such vouchers to be subjected to such a detailed examination as the treasurer may think fit to prescribe. 51 1906 Cap. 5 TREASURY DEPARTMENT Pr^aration -of cheques Entering •of same Duties of ■auditor as to issue of -cheques 66. The cheques shall be prepared in the Treasury Depart- ment and signed by the treasurer or such member of the Executive Council as may be appointed to act as treasurer under the provisions of section 18 of this Act and countersigned by the auditor or other officer appointed thereunto duly authorized by order in council; and such cheques shall be entered in the books of the audit office; and it shall be the duty of the auditor with an official of the Treasury Department, not later than the tenth day of each month, to examine the cheque books of that department for the calendar month previous, comparing expendi- ture with his own appropriation books. 67. It shall be the duty of the auditor, subject to the excep- tions hereinafter provided for, to see that no cheque issues for the payment of public money for which there is no direct appro- priation, or which is in excess of any appropriation or in excess of such sums as may have been deposited with the Government of the province in trust for any person, persons or corporations. 'Certificate of ■auditor as to authority for expenditure] Exceptions On opinion of Attorney General Extraordinary circumstances Objections by auditor 'Treasury board to ■decide Auditor to prepare -statement ■of special -warrants, etc. 68. No cheque for pubUc money shall issue, except upon the certificate of the auditor that there is legislative authority for the expenditure, save only in the following cases: 1. If, upon any application for a cheque, the auditor has reported that there is no legislative authority for issuing it then, upon the written opinion of the Attorney General that there is such authority, citing it, the treasurer, irrespective of the auditor's report, may cause the cheque to be issued; 2. If (when the Legislature is not in session) any accident happen to any pubUc woi'k or building which requires an imme- diate outlay for repair thereof, or on any other occasion when any expenditure not foreseen or provided for or insufficiently pro- vided for by the Legislature is urgently and immediately required for the public good, then upon the report of the treasurer that there is no legislative provision, or, if any, that the amount is insufficient and of the head of the department having charge of the service in question that the necessity is urgent, the Lieu- tenant Governor in Council may order a special warrant to be prepared to be signed by the Lieutenant Governor himself author- izing the expenditure of the amount estimated to be required which shall be placed to the credit of the account and against which cheques may issue from time to time in the usual form as they may be required; 3. If the auditor has refused to certify that a cheque of the treasurer may issue on the ground that the money is not justly due or that it is in excess of the authority granted by the Lieu- tenant Governor in Council or for any reason other than that there is no legislative authority, then upon a report of the case prepared by the auditor, the treasury board shall be the judge of the sufficiency of the auditor's objection and may sustain him or order the issue of the cheques in its discretion; 4. It shall be the duty of the auditor in all such cases to pre- pare a statement of all such legal opinions, reports of council, special warrants and cheques issued without his certificate and of all expenditure incurred in consequence thereof, which he shall deliver to the treasurer, to be by him presented to the Legis- lative Assembly at the same time at which the public accounts are presented; 52 TREASURY DEPARTMENT Cap. 5 1906 5. The auditor or any other person authorized to countersign Auditor to cheques issued by the treasurer, shall before countersigning ^i"3^^f such cheques satisfy himself that the cheques are authorized under some one or other of the provisions of this Act; 6. No part of this section shall apply to moneys deposited Not^^^a^^g^ with the Government of the province in trust for any person, persons or corporation. 69. No payment shall be authorized by the auditor in respect ^^^^^g* of services rendered or supplies furnished by any person in con- authorized nection with any part of the public service of the province imless, ^J^ecate in addition to any voucher or certificate which may be required of ooireotneBs in that behalf, the person, under whose special charge such part of the public service is certifies to the effect that such services have been rendered or such supplies furnished, as the case may be, and that the charge made is according to contract, if not covered by contract, is fair and just: Provided, however, that no cheque shall issue for the payment P'o^^^e of any progressive estimate imless the voucher or certificate upon wMch such estimate is paid contains, so far as practicable, the details of the materials supplied and the services rendered, except in the case of a payment as a progressive estimate, when, if owing to the nature of the work performed or material supplied it is impossible to render a statement in detail, an accountable advance may be authorized as partial payment; but under no circumstances is a second advance to be made upon the same service until such first advance is duly accounted for. 70. Should any difference arise between the auditor and any Differences department respecting the appropriations to which any authorized au<5tor'aiid expenditure should be charged, such difference may be referred"^®"*'*™™* by the department to the treasury board; and the board shall determine in what manner and to what appropriation or account such expenditure shall be charged. 71. Besides the appropriation accounts of the grants of the ouier aoeounts Legislature the auditor shall examine and audit, if required maybe to do so by the treasurer and in accordance with any regulations l^^^ *° that may be prescribed for his guidance in that behalf by theand^audit treasury board, the following accounts, that is to say: The accounts of all receipts of revenues forming the general revenue fund of the province, the accounts current with any bank or financial agent of the province, and any other public accounts which, though not relating directly to the receipts and expendi- tures of the province, the treasurer or the treasury board may direct. 73. The accounts which by the last preceding section the Accounts treasurer is empowered to subject to the examination of the preceding auditor shall be rendered to him by the department or officer ^^Jf^^J^g^ directed by the treasurer so to do; and the expression "account- rendered ant," when used in this and the following sections of this Act with reference to any such accounts, shall be taken to mean the officer that may be so required by the treasurer to render officera the same; and every public officer into whose hands public mone^ moneys, in the nature either of revenue or of fees of office, ^u^™, *° 53 1906 Cap. 5 TREASURY DEPARTMENT Auditor shall submit a statement of his audit to treasurer Auditor to have access to books of departments Auditor to report improper detention of moneys Report to Legislature Monthly statement of revenue and expenditure shall be paid by persons bound by law or by regulation to do so or by subordinate or other officers whose duty it may be to pay such moneys wholly or in part into the account of the treasurer or to apply the same to any public service shall, at such time and in such form as the treasury board shall determine, render an account of his receipts and payments to the auditor; and it shall be the duty of the clerk of the Executive Council to inform the auditor of the appointment of every such officer. 73. In all cases where the auditor is required by the treasurer to examine and audit any accounts under the last two preceding sections, he shall, on examination of such accounts being completed, transmit a statement thereof or a report thereon to the treasurer, who shall, if he think fit, signify his approval of such accounts; and the auditor, on receipt of such approval, shall thereupon transmit to the accountant a certificate in a form to be from time to time determined by the treasury board, which shall be to such accountant a valid and effectual discharge from so much as he may thereby appear to be discharged from. 74. In order that ^11 examinations may as far as possible proceed simultaneously with the transactions of the several departments the auditor shall have free access at all times to the books and other documents relating to the accounts of such departments and may require the several departments con- cerned to -furnish him from time to time or at regular period, as may be directed by the treasurer, with accounts of the trans- actions of such departments respectively up to such times or periods. 75. Every accountant on the termination of his charge as such accountant or, in case of a deceased accountant, his repre- sentatives shall forthwith pay over any balances of public money then due to the Crown in respect of such charge to the public officer authorized to receive the same; and in all cases in which it shall appear to the auditor that balances of public money have been improperly and imnecessarily retained by an account- ant he shall report the circumstances of such cases to the treasurer, who shall take such measures as to him may seem expedient for the recovery by legal process or by other lawful ways and means of the amount of such balance or balances together with interest upon the whole or on such part of such balance or balances as to the treasurer may appear just and reasonable. 76. If the treasurer do not within the time prescribed by this Act present to the Legislative Assembly any report made by the auditor on the appropriation accounts or any other accounts, the auditor shall forthwith present such report. 77. The auditor shall cause to be prepared for submission to the treasury board at the earliest possible moment after the end of each month a statement of the revenue and expenditure as shown by his books on account of the various services up to the date named. Repeal 78. All enactments or provisions of law and all orders and regulations made thereunder inconsistent with or repugnant to this Act are hereby repealed. 54 1906 CHAPTER 6. An Act respecting the Department of the Attorney General. {Assented to May 9, 1906.) IJIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Attorney General's Ad." Short title ORGANIZATION AND FUNCTIONS OF DEPARTMENT. 2. There shall be a department of the civil service of the Organization province to be called the Department of the Attorney General over which the member of the Executive Coimcil appointed by the Lieutenant Governor under the seal of the province to discharge the functions of the Attorney General for the time being shall preside; and the said Attorney General shall ex- offido be His Majesty's Attorney General in and for the province. 3. The duties of the Attorney General shall be as follows: Duties (o) He shall be the official legal adviser of the Lieutenant Governor and the legal member of the Executive Council; (6) He shall see that the administration of public affairs is in accordance with law; (c) He shall have the superintendence of all matters connected with the administration of justice in the province within the powers or jurisdiction of the Legislative Assembly or Govern- ment of the province; (d) He shall advise upon the legislative acts and proceedings of the Legislative Assembly of the province and generally advise the Cro-wn upon all matters of law referred to him by the Crown; (e) He shall be entrusted with the powers and charged with the duties which belong to the Attorney General. and Solicitor General of England by law or usage so far as the same powers and duties are applicable to the province; and also with the powers and duties which by the laws of Canada and of the province to be administered and carried into effect by the Government of the province belong to the ofi&ce of the Attorney General and Solicitor General; (/) He shall advise the heads of the several departments of the Government upon all matters of law connected with such departments respectively; (g') He shall be charged with the settlement of all instruments issued under the seal of the province; 55 1906 Cap. 6 ATTORNEY GENERAL Qi) He shall have regulation and conduct of all litigation for or against the Crown or any public department in respect of any subjects within the authority or jurisdiction of the Legis- lative Assembly; (i) He shall be charged generally with such duties as may be at any time assigned by law or by the Lieutenant Governor in Council to the Attorney General of the province; (j) He shall be charged inter alia with the conduct of the matters hereinafter set forth, the enumeration of which, however, shall not be taken to restrict the general nature of any provision in this Act contained. 1. The supervision of the administration of the law governing the sale of intoxicating liquors. 2. The supervision of the administration of the law governing titles to real property in the province. 3. Recommending the appointment of and advising sheriffs, registrars, judicial officers, justices of the peace, coroners, notaries public and commissioners for taking affidavits for use in the courts of the province. 4. The consideration of applications for bail and attendance thereon. 5. The consideration and argument of Crown cases reserved. 6. Hearing applications for the granting of fiats regarding petitions of right, criminal informations, indictments, actions to set aside Crown patents, actions to recover fines and penal- ties, and other actions of a like nature. 7. The consideration of applications for the remission of fines and penalties. 8. The appointment of coimsel for the conduct of criminal business. 9. Arranging the sittings of the courts of justice in the province and regulating the work of official court reportei's. 10. The supervision of the offices of the courts of law in the province. 11. The examination of papers in connection with the admis- sion and discharge of lunatics to and from asylums. 12. The consideration of matters of a public nature such as proposed legislation. 13. Drawing special conveyances and instruments of a like nature in connection with the sale or purchase of property under The Public Works Act or otherwise. Officers and clerks 4. The Lieutenant Governor in Council may appoint a Deputy Attorney General and such other officers, clerks, and servants as are required for the proper conduct of the business of the department, all of whom shall hold office during pleasure. FORMER ACTS LEGALIZED. vaudityof 5. All acts heretofore done or appointments made in con- formeracts formity with Or to the effect of any of the provisions hereof are Repeal declared to have been and to be legal and valid. 6. All enactments or provisions of law inconsistent with or repugnant to this Act are hereby repealed. 56 1906 CHAPTER 7. An Act respecting the Department of the Provincial Secretary. (Assented to May 9, 1906.) LTIS MAJESTY, by and with the advice and consent of the * ^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Provincial Secretary's Act." ^^°^'^*^'' OBGANIZATION AND FUNCTIONS OF DEPARTMENT. 2. There shall be a department of the public service of the Orgamzatiott province to be called the Department of the Provincial Secre- tary over which the member of the Executive Council appointed by the Lieutenant Governor under the seal of the province to discharge the functions of the Proviacial Secretary for the time being shall preside. 3. The powers, duties and functions 'of the Provincial Secre- tary are as follows: (a) He has all the powers, duties and functions which are Duties assigned by law or custom to Provincial Secretaries and Regis- trars of the different provinces of the Dominion of Canada in so far as they or any of them may be applicable to the province; (6) He is the keeper of the seal of the province; and shall issue all letters patent, commissions and other documents under the said seal and countersign the same with the exception of those which shall be countersigned by the clerk of the Executive Council; and all commissions xmder the seal shall rim in His Majesty's name; (c) He is the keeper of all registers and archives of the province. 4. The Proviacial Secretary shall be the registrar of theTo>e province; and as such shall register all instruments of summons,'**^*'" commissions, letters patent, writs, amd other instruments and documents issued under the seal of the province; and his signa- ture shall be proof of the fact that such registers, archives, instrxunents of summons, commissions, letters patent, writs and other instruments and documents exist and are lawfully in his possession; and any copy signed by him of any document shall be equivalent to the original instrument itself in any court in the province; and every document or copy of a document purporting to bear his signature shall be deemed so to do until •proof of the contrary. 57 1906 Cap. 7 ' PROVINCIAL seceetaby Office™ 5. The Lieutenant Governor in Council may at any time appoint such other officers, clerks and servants as are requisite for the proper conduct of the business of the department, all of whom shall hold office during pleasure. FEES. ^^ 6. The Lieutenant Governor in Council may from time to time make a tariff of fees which shall be paid for the issuing and registering of commissions, letters patent, licenses and other instruments and documents and for the delivery of certified copies thereof or of certified extracts from the registers and archives in the Provincial Secretary's department as herein- before mentioned; and the said Provincial Secretary shall account to the Provincial Treasurer for all moneys received by virtue of such tariff or of any of the Ordinances of the North-West Territories or of any Act in force in the province in such maimer as may be prescribed by law or by the Lieutenant Governor in Council, as the case may be. Hepeai ij_ ^jj enactments and provisions of law inconsistent with or repugnant to this Act are hereby repealed. 58 1906 CHAPTER 8. An Act respecting the Department of Agriculture. -' (Assented to May 9, 1906.) UIS MAJESTY, by and with the advice and consent of the ^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOET TITLE. 1. This Act may be cited as " The Agricultural Department Act." short title OBGANIZATION, OFFICERS AND FUNCTIONS OF DEPABTMENT. 3. There shall be a department of the pubhc service of the Organization province to be called the Department of Agriculture, over which the member of the Executive Council appointed by the Lieu- tenant Governor imder the seal of the province to discharge Minister of the functions of the Minister of Agriculture for the time being «"'="'*™^ shall preside. 3. All that part of the administration of the Government ^°™fg°J of the province which relates to agriculture, statistics and the pubhc health, including hospitals, shall be under the control of the department. 4. The Lieutenant Governor in Council may at any time officers appoint such other officers, clerks or servants as may be required ^^^ °'^'''" to carry on the business of the department, all of whom shall hold office during pleasure. 5. It shall be the duty of the department to institute inquiries Duties of and collect facts and statistics relating to agricultural, manu- ^^p*^™™' facturing or other interests of the province; and to adopt measures for circulating and disseminating the same ui such manner and form as may be found best adapted to promote the progress of the province; and to see to the observance and execution of the provisions contained in all Acts relating to agriculture, statistics and public health. 6. A report of the work of the department shall be prepared Annual report yearly and laid on the table of the Legislative Assembly within ' fifteen days after the commencement of the next ensuing session thereof; and it shall be the duty of the department from time to time to issue such reports, circulars, and other publications as the Minister may deem advisable. 7. All officers of all agricultural societies, municipal councils, ^^^^ ^.^ villages, local improvement districts, school boards, public fSih institutions, incorporated companies, all public officers of theij^St^nt*" 59 1906 Cap. 8 * AGBICULTUBE province and all medical practitioners and veterinary surgeons shall promptly answer all communications from the department; and shall from time to time collect and tabulate facts according to instructions to be furnished them from the department; and shall make diligent efforts to supply correct information on all questions submitted to them; and any such person neglecting or refusing to comply with the aforesaid provisions of this section, when requested to so comply by the Minister, shall be guilty of an offence and on summary conviction thereof before a justice of the peace be liable to a penalty not exceeding $25.00. Repeal g^ ^U enactments and provisions of law inconsistent with, or repugnant to this Act are hereby repealed. fiO 1906 CHAPTER 9. An Act respecting Public Printing. (Assented to May 9, 1906.) TJIS MAJESTY, by and with the advice and consent of the ^^ Legislative Assembly of the Province of Alberta, enacts ^s follows: 1. The Lieutenant Governor in Council may appoiat a Appointment Government Printer for the province, and may fix the salary 1^^^^'° -and prescribe the duties appertaining to the office. 2. The Lieutenant Governor in Council may authorize the putucation pubhcation not less than twice in each month of an official ofoffia^i gazette, to be called "The Alberta Gazette," for the publication of proclamations, official and other notices, and of all such matters whatsoever as may be from time to time required. 3. It shall be the duty of the Government Printer, subject printing and to the direction of the Lieutenant Governor in Council, to print ^"^iter™ and pubhsh, or cause to be printed and published the Acts of gazette' etc the province, The Alberta Gazette, and such documents and -announcements as may from time to time be required. 4. All advertisements, notices, and documents whatever Publication relating to matters within the control of the Legislative Assembly ^^^^l^ of the province, and which by any law are required to be pub- lished shall be published in the said official gazette unless any other mode of pubhcation is prescribed by law. 5. The Lieutenant Governor in Council shall prescribe the Gazette, con- ■conditions of the publication of the said gazette, and shall desig- ohM^s™? nate the public bodies, officers and persons to whom the said publication gazette shall be sent; and shall make a tariff of charges to berabsonption paid for the publication of notices, advertisements and docu- ments to be published in the said gazette and the price of sub- scription to the said gazette. 6. (Repealed— 1911-12, c. 12, s. 2.) 1. The Government Printer shall cause to be printed, num- Printing bered and bound, if necessary, all blank forms of receipts and receiptsTeto! licenses, with such counterfoils as may be necessary, to use in collecting or accounting for any portion of revenue, and shall issue the same to the Deputy Provincial Treasurer, who shall enter in a book to be kept for that purpose the numerals of all such receipts and licenses so received by him. 8. All enactments and provisions of law inconsistent with or repugnant to this Act are hereby repealed. 61 1906 Cap. 9 PUBLIC PRINTING Purchase of supplies Payment for supplies Distribution of supplies Charging cost of supplies Amounts to be charged for supplies Statement of account to be published annually Purchase and distribution of supplies may be regulated 9. The Government Printer shall procure all stationery and general office supplies, and have all printing and bindery work done which may be required for the use of the Legislative Assembly, or any department of the public service. 1911-12, c. 12, s. 1. 10. The Provincial Treasurer may from time to time upon the requisition of the Government Printer advance out of the general revenue fund such sums of money as may be required to pay for such stationery, office supplies, printing or bindery work: Provided that the net amount of such advances shall not at any time exceed the sum of twenty thousand dollars ($20,000.00). 1911-12, c. 12, s. 1. 11. The Government Printer shall supply any article purchased in the manner provided for in the next preceding section upon requisition therefor by the head of the department having charge of the service in connection with which such stationery, office supplies, printing, or bindery work may be required. 1911-12, c. 12, s. 1. 13. The quantity supplied and the value thereof shall be charged by the ■ Provincial Treasurer to the particular service in connection with which the supplies are required on an accoimt thereof being rendered by the Government Printer, the amount of such charge being at the same time credited to the amount of the advances made by the Provincial Treasurer on the requi- sition of the Government Printer, as hereinbefore provided. 1911-12, c. 12, s. 1. 13. In computing the value of any article supphed to any department the Government Printer shall take into account the cost of any assistance that may have been given by any person in connection with the handling, storage, transportation or distribution of such article between the times of its being first ordered and finally distributed, the Provincial Treasurer being hereby authorized to advance the cost of such assistance or other expenditure, as though the payment was for the original purchase thereof. 1911-12, c. 12, s. 1. 14. The Proviticial Treasurer shall publish annually with the public accounts a statement showing the standing at the close of the last fiscal year of the account of such advances, taking cognizance of the value of all supplies on hand at the beginning of the fiscal year, the names of all persons or firms to whom payments have been made for such supplies, with the gross amounts of payments so made, the gross amount charged to each particular service and credited in reimbursement of the advances made, with the value of the supphes on hand at the close of the fiscal year, any profit or loss that may be found to result from the year's operations being shown clearly but neglected in the consideration of the following year's trans- actions. 1911-12, c. 12, s. 1. 15. The Lieutenant Governor in Council may from time to time, as required, make regulations to govern the Government Prmter in procurmg or distributing supphes passing through his office. 1911-12, c. 12, s. 1. 62 1906 CHAPTER 10. An Act respecting Public Works. (Assented to May 9, 1906.) OIS MAJESTY, by and with the advice and consent ^ Legislative Assembly of the Province of Alberta, as follows: of the enacts SHORT TITLE. 1. This Act may be known and cited as "The Public TForfcs Short title Act." INTEBPRETAl'lON. 3. In this Act unless the context otherwise requires — 1. The expression "department" means the Department of^'P^'"^"* Pubhc Works for the Province of Alberta; 2. The expression "Minister" means the Minister of Public MimBter Works for the province; 3. The expression "deputy minister" means the deputy Deputy minister or the person performing his duties for the time being; '^''"***' 4. The expression "chief engineer" means the chief engineer chief engmeer of the department or the person performing his duties for the time being; 5. The expression "district surveyor and engineer" means the District district surveyor and engineer for any public works district ^n^°/ ™^ appointed as herein provided or any surveyor or engineer employed from time to time by the Minister to perform any of the duties' imposed upon district surveyors and engineers by this Act; 6. The expression "engineer" means such civil engineer or Engineer surveyor as is from time to time appointed by the Lieutenant Governor in Council with the approval of a board consisting of the Minister, the deputy minister and the director of surveys; 7. The expression "public works district" means any portion Public works of the province which may from time to time be set aside as a public works district with a distinctive name; 8. The expression "surveyor" means a land surveyor duly Surveyor authorized under the provisions of The Dominion Lands Act or any Act to survey lands in the province; 9. The expression "road allowance" means any road allowance Road laid out under the provisions of The Dominion Lands Act; allowance 10. The expression "public road" means any road surveyed ^"''■^'' ™*d and set aside as a pubhc highway under the provisions of The North-West Territories Act or this Act; 11. The expression "ditch" or "drain" means any ditch or Ditch or drain drain opened or covered wholly or in part and whether in the channel of a natural stream, creek or watercourse or not, and also the work and material necessary for any culvert, catch basin 63 1906 Cap. 10 PUBLIC WORKS Cbnstruction Maintenance Public work Written or writing Official valuator Owner Outlet Person Ferry or ferries License Land or lands Supreme Court or guards; and any ditch or drain constructed by the department may be called "Government ditch" and distinguished by a number; . 12. The expression "construction" means the original work of constructing any public work or opening or making any road allowance, road, ditch or drain; 13. The expression "maintenance" means dud includes the preservation and keeping in repair of any public work, road allowance, road, ditch or drain; 14. The expression "pubhc work" means lands, streams, watercourses and property (real and personal) heretofore or hereafter acquired for public works; dams, hydraulic works, and other works for improving the navigation of any stream; dams, slides, piers, booms or .other works for facilitating the transmission of logs or timber; dams erected for the storage of water, water powers and works connected therewith, roads, culverts, bridges, ditches, drains, public buildings and wells; 15. The expression "written" or "writing" or terms of like import mean and include words printed, engraved, lithographed or otherwise traced or copied; 16. The expression "oflBcial valuator" means the official appointed to that position as herein provided; 17. The expression "owner" includes any person who by any right, title or estate' whatsoever is or is entitled to be in possession of any land; 18. The expression "outlet" means any river, creek, water- course or natural drainage channel; 19. The expression "person" includes partnerships and companies; 20. The expression "ferry" or "ferries" means any scow, barge or boat used for the purpose of carrying passengers, freight, vehicles or animals across any river, stream or other body of water and the cable and appliances connected therewith; 21. The expression "license" means the license issued to any person to operate a ferry under the provisions of this Act; 22. The expression "land" or "lands," unless a contrary inten- tion appears, includes lands, messuages, tenements and heredita- ments, corporeal or incorporeal, of every natm-e and description, and every estate or interest therein, and whether such estate or interest is legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, easements, mines,' minerals and quarries appertaining thereto, and all trees and timber thereon and thereunder lying or being; 23. The expression "Supreme Court" or "Supreme Court of the North-West Territories," means the Supreme Court of theNorth- West Territories or such other court as may hereafter be consti- tuted exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exercised therein by the Supreme Court of the North-West Territories. ORGANIZATION AND DUTIES OF THE DEPARTMENT. Organization 3. There shall be a department of the public service of the of department province of Alberta called the Department of PubUc Works over which the member of the Executive Council appointed by the 64 PUBLIC WORKS Cap. 10 1906 Lieutenant Governor under the seal of the province to discharge Minister of the functions of the Minister of Public Works for the time being ^°'"""'"'" shall preside. 4. The Minister shall have the administration, management ■^^™™'*™*''"' and control of the department and of the general business thereof; and shall oversee and direct the officers, clerks and servants of the department. 5. The Minister shall also have the management, charge and^^]|r^™* direction of the construction, heating, lighting, furnishing, main- tenance and keeping in repair of all government buildings. 6. With the approval of the Lieutenant Governor in Council ^pp|^™' the Minister shall also appoint and control the officers and servants to care for necessary for the proper care and maintenance of t^e government ISSSSS*"' buildings. 7. The Minister shall also have the control and management 5jgi|™J^°^]j^ of the construction and maintenance of all public works; and of the issue of any and all maps and plans needed by the department Maps and or by any other department of the Provincial Govermnent; he*"'*"^ shall also deal with all questions affecting obstructions to any road allowance or pubUc highway which has been vested in the Provincial Government for pubUc use, including the crossing of such road allowances or public highways by irrigation ditches, ^^"j^^ ^ canals or other works; and with the providing and maintaining of pubhc or private ferries as herein provided on any river or stream pgrrieg or other body of water in the province; and shall have such other powers and duties as may from time to time be assigned to him by the Lieutenant Governor in Council. 8. The Lieutenant Governor in Council may appoint an officer £fP!i*y who shall be called the deputy minister who shall also be chief engineer and who shall be the deputy or assistant to the Minister. Minister 9. The deputy minister shall prepare or cause to be prepared 2"**^ °^ maps, plans, specifications and estimates for all public works which MmSter are about to be constructed, altered or repaired as directed by the Minister; he shall report for the information of the Minister on any question relating to any public work which is submitted to him; he shall examine, revise and approve the plans, specifications and estimates of other surveyors, engineers, architects, and officers iti respect to any public work; and generally he shall advise the Minister on all surveying, engineering and architectural questions affecting any public works; he shall also prepare reports and conduct under the direction of the Minister the correspondence of the department and see that all contracts entered into by the Minister are properly drawn out and executed, that all letters, reports and other documents are properly copied or filed as the case may be and generally do and perform all such acts and things pertaining to the business of the department as he may from time to time be directed by the Minister. ^ VERIFICATION OP ACCOUNTS. 10. The Minister may require any account sent in by any person Accounts may employed by the department to be verified by oath, affirmation orj^**^''''*'^ 65 1906 Cap. 10 PUBLIC WORKS Examination of witnesses Compelling attendance Remuneration Penalty for noncompliance statutory declaration which, as well as that to be taken by any witness, may be administered or taken by the Minister or by the deputy minister. 11. The Minister may by notice in writing signed by him require the attendance before him at a time and place to be named in the notice of any person deemednecessary touching any matter upon which his attendance is required; and may by the notice require such person to bring with him all papers, plans, books, documents and things in his possession or under his control bearing in any way upon the matter so before him; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid. (2) For the time lost and expenses incurred by any person in obedience to such notice, such person shall be entitled to re son- able remtmeration to be paid out of the general revenue fund by the treasurer on the certificate of the Minister. (3) Any person wilfully neglecting or refusing in any way to comply with the notice of the Minister or to be examined as afore- said shall be guilty of an offence and liable on summary conviction to a fine of $25, and on nonpayment of such fine forthwith after conviction to imprisonment for one month. PUBLIC PROPEBTT. Pubiwwor^, 13. All lands, streams, watercourses and property (real or property of * personal) heretofore or hereafter required for the use of public SdTO?t??Sed works; all dams, hydraulic works and other works for improving by department the navigation of any water; all slides, dams, piers, booms, and other works for facilitating the transmission of logs or timber; all dams erected for the storage of water; all hydrauUc powers, created by the construction of any public work; all roads and bridges; all public buildings; all vessels, dredges, scows, tools, implements, and machinery for the improvement of navigation; all drains and drainage works; all ferries; all wells; and all property heretofore or hereafter acquired, constructed, repaired, maintained or improved at the expense of the North- West Terri- tories and of the province and not under the control of the Dominion Government shall be and remain vested in His Majesty and so far as not under the control of any other department shall be under the control of the Department of Public Works. Other works maybe ^^- ^he Lieutenant Governor in Council may from time to deoWed public time declare any other property (real or personal) and any works, "" ° roads, bridges, harbours, booms, sHdes, buildings or other thing specified in the last preceding section and purchased or constructed at the pubhc expense to be public works subject to the provisions of this Act; and they shall thenceforth be vested in His Majesty and under the control of the department. Maps^etc.^ li- Any person haying possession of any maps, plans, specifi- OTop^^tTmay cfttions, estimates, reports, or other papers, books, drawings, departaiert''^ instruments, models, contracts, documents or records relating to any public work who refuses or neglects, upon demand of the Minister or other person authorized to require it, forthwith to deliver the same to the department, shall be guilty of an offence 66 PUBLIC WORKS Cap. 10 1906 and liable on summary conviction thereof to a penalty of and on nonpayment forthwith to imprisonment for one month. 15. Any property (real or personal) when no longer required ^^"^^i^Jj.y for the use of any public work, may be sold, leased or otherwise may be soW disposed of under the authority of the Minister; and the proceeds of all such salep, leases and dispositions shall be accounted for as public money: Provided always that such property shall, whenever practicable, Pro™° be sold, leased or disposed of by tender or public auction. CONTRACTS. 16. The Minister shall have power to enter into any contract MMster may with any person or corporation that may be necessary or advisable contract in carrying out the provisions of any Act of the Legislative Assembly; but no deeds, contracts or writings shall hereafter be deemed to be binding on the department nor shall be held to be the acts of the Minister imless signed by him or by the deputy minister. 17. It shall be the duty of the Minister to invite tenders by^e?^™^^*" public advertisement or by other public notice for the construction and repair of all public works except in cases when from the Exceptions nature of the work it can be more expeditiously and economically executed by order or commission or by or under the direction of the officers of the department. 18. The Minister, when any public work is being carried out Security for by contract and in other cases, may require that security be given rfconto^u to and in the name of Hjs Majesty for the due performance of the work within the amount and time specified for its completion; and in all cases where it seems to the Minister not to be expedient to let such work to the lowest bidder it shall be his duty to report y^^^^ „„„. the same and obtain the authority of the Lieutenant Governor uij???^,''"*^ Council previous to passing by such lowest tender; but no sum of bidder""* money shall be paid to the contractor nor shall any work be commenced on any contract until the contract has been signed by all the parties named therein nor until any security required has been given. 19. All contracts respecting any public works or property (real ^n^^^'nto or personal) under control of the department heretofore or here- Majesty after entered into by the Minister or by any other person duly authorized to enter into the same shall enure to the benefit of His Majesty, and may be enforced as if they had been entered into with His Majesty under the authority of this Act. ACTIONS AND SUITS. 30. All actions, suits, and other proceedings for the enforce- Actions to be ment of any contract or for the recovery of any damages for anyAtuim^'''' tort or breach of contract or for the trial of any right in respect ^*°®''*^ of any property (real or personal) under the control of the depart- ment shall be instituted in the name of His Majesty by the Attorney General. 67 1906 Cap. 10 PUBLIC WORKS EVIDENCE ON RECORDS, ETC. reoOTS°lto ^^" Copies of any records, documents, plans, books or papers when attested belonging to or deposited in the department attested under the %^ facie signature of the Minister or of the deputy minister shall be prima evidence facie evidence of the same and shall have the same legal effect as the original in any court or elsewhere. ANNUAL REPORT OF THE DEPARTMENT. Annual report gg. The Minister shall make and submit to the Lieutenant Governor an annual report on all the works under the control of the department to be laid before the Legislative Assembly within ten days from the commencement of the session next following the end of the year for which such report is made, with such further information as may be requisite to enable the Legislative Assembly to judge of the working of the department. PUBLIC WORKS DISTRICT. Satriot™'*^ 33. The Lieutenant Governor in Council may from time to time set aside any portion of the province as a public works district; and a notice of the order setting aside any district and describing the boimdaries of the district shall be published in the official gazette. District surveyors and engineers 34. The Lieutenant Governor in Council may appoint one or more qualified persons as district surveyors and engineers for any public works district; and may define their duties and fix the remuneration to be paid such district surveyors and engineers. (2) A notice of such appointment shall be published in the official gazette. Penalty for obstructing district surveyor 35. Any person who interrupts, hinders or molests any district surveyor and engineer engaged in making any examination, explor- ation or survey in connection with any work authorized by this Act shall be guilty of an offense and upon summary conviction thereof shall be liable to a penalty not exceeding $50 or to imprison- ment for a term not exceeding two months or to both. Examination of witnesses Compelling attendance Remuneration Penalty for noncompliance 36. Any district surveyor and engineer may by notice in writing signed by him require the attendance before him at a time and place to be named in the notice of any person deemed necessary touching any matter upon which his attendance is required in connection with any public work; and may by the notice require such person to bring with him all papers, plans, books, documents and things in his possession or under his control bearing in any way upon the matter so before him; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid. (2) For the time lost and expenses incurred by any person in obedience to such notice such person shall be entitled to reason- able remuneration to be paid out of the general revenue fund by the treasurer on the certificate of the Minister. (3) Any person wilfully neglecting or refusing in any way to comply with the notice of the district surveyor and engineer or 68 PUBLIC WORKS Cap. 10 1906 to be examined as aforesaid shall be guilty of an offense and liable on summary conviction to a fine of |25, and on nonpay- ment of such fine forthwith after conviction to imprisonment for one month. SUKVEYS. 21. The Minister may from time to time cause to be surveyed sraveya^ of and marked on the ground, either by a duly qualified surveyor or by an engineer, any old trail which existed as such prior to the subdivision of the land which it crosses into sections or any road allowance diversion, or new road. (2) Such old trails, road allowances, diversions, or new roads Location shall be laid out not less than one chain (or sixty-six feet) in™'*™"^*'' width; and in making the survey of any old trail the surveyor or engineer may make such changes in the location thereof as he deems necessary without, however, altering its main direction. (3) The Minister may from time to time prescribe a manual Manual of J... ,. j_i_i -J J? 1 • inetructiona of mstructions for the guidance of surveyors and engineers employed in making any siu'veys authorized by this Act; and may therein direct the manner in which such surveys shall be marked on the ground and the plans and field notes of the same prepared. (4) After such surveys have been made one copy of the plans Remstration of the same certified to by a duly authorized surveyor and approved ° " "^" by the chief engineer shall be deposited in the land titles office for the land registration district within which such old trail, road allowance, diversion or new road. is situated, and a second copy shall be filed in the department. 38. The Minister may close up the whole or any portion of any caosmg road allowance or other public road and may deal with the land "** ™* in any such road allowance or other public road as to him may seem expedient. (2) All documents necessary to transfer the title to the portion of any road allowance or other public trail which has been closed as herein provided shall be signed by the Minister. 39. The Minister may cause to be made by a duly qualified Surrey for surveyor or engineer the survey of any area required for any"" "^^ public building, dam, reservoir, ditch, drain or any other public work. 30. The Minister may from time to time cause to be made by Exploration any person approved of by him any exploration or investigation ^J^^"''''" needed in connection with the examination of any portion of the province to determine the feasibility and cost of any proposed public work. LANDS REQUIRED FOR PUBLIC WORKS. 31. The Minister may by surveyors, engineers, foremen, agents, Emropriation workmen and servants— pubUo wSk 1. Enter upon and take possession of any lands in whomsoever vested required for any public work; 69 1906 Cap. 10 PUBLIC WORKS Taking possession Deposit or removal of materials Roads Entering lands 2. Enter into and upon any land to whomsoever belonging and survey and take levels of the same and take such borings or sink such trial pits as he deems necessary for any purpose relative to a public work; 3. Enter upon and take possession of any land the appropriation of which is (in. his judgment) necessary for the use, construction, maintenance or repair of any public work or for obtaining better access thereto; 4. Enter with workmen, carts, carriages, horses and all other necessary implements and animals upon any land and deposit thereon soil, earth, gravel, trees, bushes, logs, poles, brushwood or other material found on the land required for public work or for the purpose of digging up, quarrying and carrying away earth, stones, gravel or other material and cutting down and carrying away trees, bushes, logs, poles and brushwood therefrom for the making, constructing, maintaining or repairing the pubUc work; 5. Make and use all such temporary roads to and from such timber, stones, clay, gravel, sand or gravel pits as are required by him for the convenient passing to and from the works during their construction and repair; 6. Enter upon any land for the purpose of making proper drains to carry off the water from the public work or for keeping such drains in repair; 7. Divert or alter (as well temporarily as pernaanently) the course of any brook, rivulet, road, street or way, or raise or sink the level of the same in order to carry it over or imder, on the level of or by the side of the public work as he thinks proper; but before discontinuing or altering any public road another con- venient road in lieu thereof shall be substituted; and the land theretofore used for any road or part of a road so discontinued may be transferred by the Minister to, and shall thereafter become the property of, the owner of the land of which it originally formed a part; 8. Divert or alter the position of any water pipe^ gas pipe, sewer, drain or any telephone or electric light wire or pole. Divert streams or roads Pipes, wires, poles Removing fences Constructing ditches Obligation of land owner 33. Whenever it is necessary in the building, maintaining or repairing of the public work to take down or remove any wall or fence of any owner or occupier of land or premises adjoining the public work or to construct any back ditch or drain for carrying off water, such wall or fence shall be replaced as soon as the neces- sity which caused its taking down or removal has ceased; and after the same has been so replaced or when such drain or back ditch is completed the owner or occupier of such land or premises shall maintain such wall or fence, drain or back ditch to the same extent as such owner or occupier might be by law required to do if such wall or fence had never been so taken down or removed or such drain or back ditch had always existed. Sidings, conduits or tracks Right-of-way 33. Whenever any gravel, stone, earth, sand or water is taken as aforesaid at a distance from the pubUc work, the Minister may cause to be laid down the necessary sidings, water pipes, or conduits or tracks over or through any land intervening between the public work and the land on which such material or water is found what- ever the distance is; and all the provisions of this Act shall apply and may be used and exercised to obtain the right-of-way from the 70 and plan PUBLIC WORKS Cap. 10 1906 public work to the land on which such materials are situate; and such right may be acquired for a term of years or permanently as the Minister thinks proper; and the powers in this section con- tained may at all times be exercised and used in all respects after the pubhc work is constructed for the purpose of repairing and maintaining the same. 34. Lands taken for any public work shall be surveyed and ^^Xi marked on the ground by a duly qualified surveyor or engineer who shall prepare a proper plan of the same, but nothing herein contained shall be taken to require such plan to be prepared before or at the time of the entry or taking possession of such lands as in the last preceding section provided for. (2) Every person who interrupts, hinders or molests any person while engaged under authority of the Minister in removing any obstruction, making an examination for or in constructing, maintaining or repairing any public work or any works connected therewith on any land shall be guilty of an offense and upon summary conviction thereof liable to a penalty not exceeding $50.00 and costs or to imprisonment for a period not exceeding thirty days or to both. 35. The plans of any lands required for any public work shall Pi^n to be^ be examined and approved by the chief engineer; and one copyo&^f'ragineer thereof shall thereupon be filed in the department. (2) When any plan is required to be examined or approved by the department or any of its ofiicers, a fee of $25 . GO may be charged therefor, which shall form a part of the general revenue fund of the province. 1913 (2nd Session), c. 2, s. 7. 36. The Minister may thereupon apply ex parte to a judge of Application the Supreme Court for an order vesting in His Majesty every T^tinlOTdra estate and interest in the lands shown on the plan in the next preceding section mentioned; and the judge shall upon the pro- duction to him of a copy of the said plan certified by the Minister or chief engineer and a certificate of the Minister stating that the said lands are required for the purposes of this Act, make the said order, which shall have the effect of divesting all persons other than His Majesty of any interest in the said land. 37. Upon the filing in the department of the plan of any land Notice of ^ taken for any public work as hereinbefore provided the Minister """"p™'"^ '"" shall except in cases hereafter provided for cause to be served by registered mail upon all persons shown by the records of the land titles office to be interested in the lands so taken a notice setting forth the compensation which he is ready to pay for the lands so taken; and a copy of sections 37 to 39 both inclusive of this Act shall be sent along with such notice: Provided that when compensation is claimed by two or more persons who are unable to agree as to a division thereof the Minister may pay the same to the clerk of the Supreme Court nearest to the land affected to be paid out to the parties interested in such proportions as may be ordered by a judge of the Supreme Court on application therefor. 38. If any person entitled to compensation for lands taken for claim for ivith " ^ 71 any public work is dissatisfied with the amount offered therefor as i,o°mp?^rtion 1906 Cap. 10 PUBLIC WORKS herein provided he shall within two months from the date of the mailing of the notice provided in the next preceding section notify the Minister in writing of such dissatisfaction and shall in such notice state the amoimt he claims as compensation for the lands so taken, together with a full statement of the facts in support of his claim and in the event of no such claim for increased compensation being received by the Minister within the said period the person entitled to compensation shall be deemed to be satisfied with and shall be bound to accept the amoimt of compensation mentioned in the notice referred to in the next preceding section hereof. Compensation fixed by arbitration in case of disagreement 39. The Minister shall, consider such claim for increased com- pensation and shall notify the claimant of his decision in respect thereto by registered letter addressed to the claimant's last known place of abode. (2) Such claimant if dissatisfied with the decision of the Minister may within sixty days after being notified as aforesaid of such decision, give notice in writing to the Minister which may be by registered letter that he will submit the claim to arbitration and the said claim shall thereupon be submitted to arbitration and such arbitration shall be to two arbitrators, one to be appointed by the claimant and one by the Minister of Public Works, and shall otherwise be governed by the provisions of The Arbitration Ordinance of the North-West Territories. 1907, c. 5, s. 4. (3) If the claimant does not so notify the Minister and make the deposit as in the next following subsection required within the said period of sixty days from the registration of the notice men- tioned in the first subsection he shall be deemed to have accepted the Minister's decision and shall not thereafter be at liberty to question it. _ (4) The claimant shall with the notice of submission to arbitra- tion deposit with the Minister as security for the costs of the arbitration a sum equal to ten per cent, of the amoimt claimed by him but not in any event less than $25: Provided, however, that in place of a money deposit the claimant shall be entitled to deposit a bond with two sureties satisfactory to the Minister but in double the amount of such money deposit. (5) Subject to the provisions of subsection 7 hereof all costs and expenses of the arbitration shall be in the discretion of the arbitrators; and in the event of costs being awarded against the claimant the Minister shall be entitled to deduct his costs and expenses of the arbitration out of the moneys deposited by the claimant and the surplus, if any, shall be returned to the claimant. (6) In the event of the claimant not being required to pay the Minister's costs of the arbitration the full amount deposited by him shall be returned to him or the bond delivered up to be cancelled. (7) The only costs allowable upon any arbitration under this section shall be arbitrators' and witness fees. (8) In estiniating the amount to which the claimant is entitled the arbitrators shall consider, and find separately as to, the value of the land taken and of all improvements thereon, the damage, if any, to the remaining property of the claimant and the original cost only of any extra fencing which may be necessary by reason of the taking of the land and if the value of the remaining property 72 PUBLIC WORKS Cap. 10 1906 of the claimant is increased by reason of the construction of the public work through his property the increase of value shall be deducted from the amount so estimated and found and the balance, if any, shall be the amount awarded to the claimant. DIBECTOH OF SXJBVEYS. 40. The Lieutenant Governor in Council may appoint a duly Director of qualified Dominion lands surveyor to be director of surveys for*™^^^' the province, and may define tjie duties of such officer and fix the remuneration to be paid to him for his services. OFFICIAL VALUATORS. 41. The Lieutenant Governor in Council may appoint one or Official more competent persons as official valuators and may define the™'"*'°" duties of such officers and fix the remuneration to be paid them for their services. 43. The Minister may employ any official valuator to inspect i^p^"'"™ and report regarding the value of any lands taken for public*" '^'""^ works, and may empower such valuator to make an offer of com- pensation in writing to the owner of the lands so taken and such offer shall have the same force and effect as if made by the Minister under the provisions of section 37 of this Act. 43. If any resistance or opposition is made by any person to the Suppreasion taking by the Minister or a,ny person authorized by him of lands Jj^n^"' for public works as provided by this Act a judge of the Supreme Court of the North- West Territories may on proof of the proper taking of such lands as herein provided issue his warrant to the sheriff of the judicial district within which such lands are situated, directing him to put down such resistance or opposition and to put the Minister or some person acting for him in possession of such lands ; and the sheriff shall take with him sufficient assistance for such purpose and shall put down such resistance or opposition and shall put the Minister or the person acting for him in posses- sion thereof; and shall forthwith make a return to the clerk of the judicial district in which the land is situated of such warrant and of the manner in which he executed the same. 44. The provisions of sections 31 to 43 inclusive of this Act in provisions of so far as they are applicable shall apply to all cases of the taking ||'=J'g°t^^'^\i^° of lands for public works, proceedings for which have been begun before the coming into force of this Act but have not been com- pleted by the transfer of such lands to His Majesty. 45. The Minister shall have the administration and manage- Admimstra- ment of all lands taken for public works as herein provided and^^^'^^j of all other lands the property of the province; and such lands pufeiiciands may be disposed of from time to time under regulations to be prescribed by the Lieutenant Governor in Council. (2) The said lands when required to be leased or transferred may be so leased or transferred under the hand and official seal of the Minister. 73 1906 Cap. 10 PUBLIC WORKS PUBLIC FEHHIES. Public ferries 46. The Minister may when he deems it expedient to do so establish and maintain a public ferry or ferries on any river, stream or other body of water in the province; and may operate such ferry or ferries as a public work, collecting such tolls as he may fix and determine. PRIVATE PERRIES. License for private ferry 47. The Minister may from time to time issue an annual license to any person or persons for the establishment and operation of a private ferry or ferries on any river, stream or other body of water in the province granting the exclusive right to maintain and operate the said ferry or ferries within the limits specified in such license and upon such terms as he may deem fit. license to specify tolls, etc. 48. Every ferry license granted shall specify the maximum rate of tolls which may be charged on such ferry, the kind and size of the scow, barge or boat to be used in such ferrying, the limits of the river, stream or other body of water within which such ferry is to be operated and the hours during which such ferries shall be operated. ^osted\*°''° ^^* -^^siy person holding a license for a ferry shall keep it posted up at all times in a conspicuous place on such ferry. No tolls to be charged school children Mails not to be obstructed 50. Notwithstanding anything contained in this Act no toll shall be charged for children going to or returning from school and in nO case shall His Majesty's mail be obstructed or a higher rate be charged for the conveyance thereof than the rates that may be charged according to the terms of the license between the hours of six o'clock in the morning and nine o'clock in the evening. Punishment of persons refusing to pay tolls 51. If any person using an authorized ferry refuses to pay the authorized toll or rates chargeable for ferrying him or his property the licejnsee of such ferry may forthwith seize any property in possession of the offender then being ferried and hold the same; and such person shall be guilty of an offense and upon summary conviction thereof shall be liable to a penalty not exceeding |50, and in default of payment thereof to imprisonment for a period not exceeding two months; and the property so seized may on such default be sold by order of the justice or justices trying the com- plaint to satisfy such fine, toll and costs of the prosecution. to beTept' ^^- ^^^ immediate approaches to every ferry shall be kept in in order such Order and condition by the licensee as is necessary to make the ferry accessible at all times for loaded vehicles and animals Ferry jnot to injurejford attached thereto without danger or injury. 53. A ferry on any stream, river or other body of water that may be fordable at any time shall not be used to block up or injure such ford or fords or the landing therefrom; nor shall the licensee do any act which will make the ford on any such stream, river or other body of water more difiicult or dangerous than it would otherwise have been. 74 PUBLIC WORKS Cap. 10 1906 ^ 54. Any person unlawfully interfering with the rights of any Pumshment for licensed ferryman by taking, carrying or conveying within the'^thrigTt^of limits of any such ferry license across the stream, river or other ^^^^^^ body of water on which the same is situate any person or personal property or any vehicle or animal in any scow, barge or boat or any raft or other contrivance for hire or reward or hindering or interfering with such licensee in any way shall be guilty of an offence and lipon summary conviction thereof shall be liable to a penalty not exceeding $100 for each such offence and in default of payment thereof to imprisonment for any period not exceeding three months. PEOVISION FOE LOW WATER. 55. In case the water in any stream, river or other body of Licensee to water in respect of which the license for the operation of a ferry Eoat'or So" has been issued, becomes too shallow to permit of such ferry being operated the licensee shall provide and keep a small boat or canoe with which he shall transfer foot passengers and their baggage across such stream, river or other body of water; and for such service the licensee shall be allowed to charge the fees pre- scribed in his license for like services by means of the ferry. INSPECTION OF FERRIES. 56. The Minister may from time to time appoint such person inspection as he may see fit to inspect and report on the condition of any °* ^^"^^^ ferry or with reference to the complaint of any person using or desiring to use such ferry; and if at any time the person or persons holding a ferry license fail to comply with the written instructions of the Minister he or they shall forfeit his or their license or Ucenses under the direction of the Minister. PENALTIES FOE OFFENCES BY LICENSEES. 57. Any licensee violating any of the terms or conditions of his Penalty for license or of this Act shall be guilty of an offence and be liable S'Sce^l*"""' on summary conviction thereof to a penalty not exceeding $50,°''^'" and in default of payment thereof to imprisonment for any period not exceeding one month unless the fine and costs are sooner paid; and shall be further hable to forfeit his Ucense under the direction of the Minister. 58. All money received for ferry licenses, fees or bonuses under Fees to be-paid this Act shall be deposited to the credit of the general revenue fund re/e™Tflmd of the province. 59. Any person operating a private ferry for hire or reward P™»'*yf<"' without having first obtained a license therefor as provided by^e^™'^*^ this Act shall be guilty of an offence and upon summary conviction thereof shall be liable to a fine of $10 for each and every day that such ferry is operated without such Ucense. PROTECTION OF PUBLIC WORKS. 60. Any person who obstructs or interferes in any manner with ^eia'ty for any road allowance or other surveyed highway vested in Hispubi™""'"^ iTC Highway 1906 Penalty for injuring public work Trafl&c on bridges Obstructing bridges Penalty for injury to bridges and culverts by portable engines Cap. 10 . PUBLIC WORKS Majesty as herein provided shall be guilty of an offence and upon summary conviction thereof shall be liable to a fine not exceeding $50 or imprisonment for thirty days or both. 61. Any person who carelessly or wilfully breaks, cuts, fills up or otherwise injures any public work shall be guilty of an offence and upon summary conviction thereof be fined a sum not exceed- ing $100 and costs and in default of payment after conviction may be imprisoned for a period not exceeding sixty days; and the justice of the peace may further order the offender to forthwith repair any such damage or remove any obstruction as aforesaid. (2) Any person who rides or drives any horse, mule or horned cattle upon or across any bridge the property of His Majesty at a pace faster than a walk shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $25. (3) Any person who wilfully, and without lawful excuse, places any obstruction on any bridge the property of His Majesty or who in any way prevents, hinders or causes delay to any person desiring to travel across such bridge shall be guilty of an offence and shall be hable upon summary conviction thereof to a penalty not exceeding $50. (4) Every person who uses any bridge or culvert the property of His Majesty in connection with the movement of any portable engine or any traction engine shall . provide sufficient plank or timbers of not less than three inches in thickness and ten inches in width, twelve feet or over in length to be laid longitudinally upon the floor of such bridge or culvert under the wheels of such portable engine or traction engine; and any person neglecting or refusing to provide and use such planks shall be guilty of an offence and liable upon summary conviction thereof to a penalty not exceeding $50. 1911-12, c. 4, s. 13. GENERAL. Registration of plan to vest street, etc., in Crown Definition of public highly highway 63. The registration in the land titles office of the plan of the subdivision into lots or blocks of any land not within the limits of an incorporated city or town shall vest the title to all streets, lanes, parks or other reserves for public purposes shown on such plan in His Majesty; and no change or alteration in the boundaries of any such street, lane, park or public reserve shall be made without the consent of the Minister having been first obtained. (2) All road allowances in townships now or hereafter siu-veyed and subdivided and all road allowances set out on block lines now or hereafter surveyed, and all public travelled roads or trails, and also all road and road allowance diversions heretofore or hereafter laid out by virtue of any Statute either of the province or of the Dominion of Canada, or by virtue of any Ordinance of the North- West Territories, in the province, and all roads therein whereon pubhc money has been expended for opening or repairing the same, or any roads therein passing through Indian lands shall be common and public highways imless where such roads have been closed or already altered or may hereafter be closed or altered according to law and except as by law otherwise provided the soil and freehold of every such highway shall be vested in the Crown in the right of the province. 1909 (part I), c. 4, s. 7. 76 PUBLIC woEKS Cap. 10 1906 63. If any one or more persons petition the Minister for the Opening of opening of a road through any land and the Minister is of the potion and opinion that such road may be reasonably opened for the conven-P^^i^|»*°' ience and benefit of such person or persons as aforesaid, but that such road is not required in the interest of the public generally, the Minister may require the said person or persons to deposit with the Provincial Treasurer such sum as he considers sufficient to cover the cost of opening the road and paying compensation in connec- tion therewith and if the said road or any road which in the opinion of the Minister will be of equal or nearly equal convenience and benefit to such person or persons as aforesaid is thereafter opened the sum so deposited or so much thereof as may be necessary may be applied towards paying the expenses of opening the road and paying compensation in connection therewith and any balance which remains shall be repaid to such person or persons as aforesaid. 64. The Lieutenant Governor in Council may from time to Lieutenant time make such regulations and prescribe such forms as may be^reI^"form» deemed necessary for the proper carrying into effect of the provi- sions of this Act. 64a. The Minister may from time to time make such regulations Mmisterjgiven as he may deem proper in regard to any plan of subdivision of anyf^atioiS*''^ land which it is proposed to register imder the provisions of section «* St3 O 11 .1 a 1^ gss •5" "T3 o m If ftT3 — a ■Si's S s g "^^ 03 Remarks giv- ing subse- quent action, if any Dated at 1 P.M. or J.P. FORM C. The Attorney General, Alberta. Sir,— I hereby certify that on the day of I,. ._ tried an information or complaint, laid by against for contravention of section of and that such information or complaint was dismissed with costs payable by the informant or complainant to the amount of $ as follows: Your obedient servant, 1908, c. 20, s. 10. P.M. or J.P. 1906 CHAPTER 14. An Act respecting Commissioners to Administer Oaths. (Repealed and substituted 1913 (2nd Session), c. 11.) 85 1906 CHAPTER 16. Short title Appointment An Act respecting Coroners. (Assented to May 9, 1906.) LJIS MAJESTY, by and with the advice and consent of the ^ Legislative Assembly of the' Province of Alberta, enacts as follows : 1. This Act may be cited as " The Coroners Act." 2. The Lieutenant Governor in Council may, wherever he thinks fit, appoint under the Great Seal one or more coroners in and for the Province of Alberta. (2) In cities 6f more than fifteen thousand inhabitants the Lieutenant Governor in Council may appoint a coroner to be called the chief coroner, whose fees, powers and duties may be defined and set forth by order in coimcil. 1913 (2nd Session), c. 2, s. 8. (3) The Lieutenant Governor in Council may define the powers and duties of all coroners now or hereafter appointed in cities of more than fifteen thousand inhabitants. 1913 (2nd Session), c. 2, s. 8. 3. All appointments of persons as coroners heretofore made by the Lieutenant Governor are hereby declared to be valid; and all coroners appointed for the North- West Territories and who at the date of the passing of this Act are resident in the province and whose appointments have not been revoked shall be entitled to act as coroners in the province during the pleasure of the Lieutenant Governor. Onijf persons 4. gave as herein provided no person shall be entitled to act herein provided • _li_ • for may act as as a corouer m the provmce. Who are entitled to act as coroners Declaration of coroner before summoning jury 5. No fees shall be payable to a coroner in respect of an inquest unless, prior to the issuing of his warrant for smrunoning the jury, he shall have made an affidavit in form A in the schedule to this Act, or to a like effect, stating that from information received by him he is of opinion that there is reason for believing that the deceased did not come to his death from natural causes, or from mere accident or mischance, but that he came to his death from violent or unfair means, or culpable or negligent conduct of others under circumstances reqtiiring investigation by a coroner's inquest. Warrant for 6. In any casc in which the death of any person has been oOTonlrdlems reported to a coroner and he has, in consequence of information inquest rcceivcd by him, make the affidavit required bv section 5 of unnecessary ■ * ^ ^'- 86 I case CORONERS Cap. 15 1906 this Act, if, after viewing the body of such deceased person and having made such further inqmries as he deems necessary, he comes to the conclusion that an inquest is unnecessary, he shall have the right to issue a warrant to bury in the same manner as he would have had power to do in case an inquest had been actually held and to withdraw the warrant for a holding of an inquest in case he has issued such warrant. (2) In every such case the coroner shall make a declaration Declarations in writing under oath, setting forth briefly the result of such coron^n^sudi inquiry and the ground on which the warrant for burial had been ' issued, which declaration shall be made in form B in the schedule to this Act, or to a like effect. 7. Coroners shall have the same 'powers to summon witnesses Powers of and to punish them for disobeying a summons to appear, or for "^^^^^ refusing to be sworn or to give evidence, as justices of the peace. 8. It shall not be necessary in any case that a coroner's jury Number of shall exceed six persons, but in every case of an inquest six jurors '™°" must agree in rendering a verdict. 9. Except in such cases as are provided for in the next succeed- view of tody ing section, the coroner and jury shall at the first sitting of the inquest view the body and the coroner shall examine upon oath, touching the death of the deceased person, all persons who tender their evidence respecting the facts, and all persons whom he thinks expedient to examine as being likely to have knowledge of relevant facts. 10. In any case where the body of any person upon whom inquest without it is necessary to hold an inquiry has been buried and it is known ^^i"™"* ^°^y to the coroner that no good piurpose will be effected by exhuming the same for the purposes of such inquiry, the Attorney General may, either on application being made to him or on his own mere motion, under his hand give permission to the coroner who is about to hold such inquiry to proceed therewith without exhuming the said body or having a view thereof. 11. Any counsel appointed by the Attorney General to act gomsei for for the Crown at any inquest may attend thereat and may examine or cross-examine any witnesses called at the inquest; and the coroner shall summon any witness required on behalf of the Crown. 11a. The evidence upon an inquest or any part of it, with the sanction of the Attorney General, may be taken in shorthand by a stenographer appointed by him, and who before acting shall make oath that he will truly and faithfully report the evi- dence, and where evidence is so taken it shall not be necessary that it shall be read over to or signed by the witness, but it shall be sufficient if the transcript is signed by the coroner and the stenographer, and is accompanied by an affidavit of the steno- grapher that it is a true report of such evidence. 1913 (2nd Session), c. 2, s. 8. (2) A stenographer may be paid for his attendance and services such fees aS' may be allowed by the Attorney General. 1913 (2nd Session), c. 2, s. 8. 87 1906 Cap. 15 CORONERS 116. A coroner may employ a person to act as interpreter at an inquest and such person may be summoned to attend the inquest. 1913 (2nd Session), c. 2, s. 8. (2) An interpreter may be paid for his attendance and services such fees as may be allowed by the Attorney General. 1913 (2nd Session), c. 2, s. 8. Porm of verdict 13. After viewing the body and hearing the evidence and the summing up of the coroner, the jury shall give their verdict and certify to it by an inquisition in writing under the hand and seal of the coroner and under the hands of the jury, setting forth, so far as such particulars have been proved to them, who the deceased was and how and jyhen he came to his death. Such inquisition shall be made in form C in the schedule to this Act, or to a like effect. to^OTwa^ded l^- Every coroner shall immediately upon the conclusion of to the Attorney any iuqucst Or investigation held by him, forward to the Attorney de^tmlnt General's Department the inquisition thereof, together with the depositions of witnesses, the declaration required by section 5 of thi^ Act, and in case of an investigation where no inquest was held, the declaration required by section 6 of this Act. Annual statement Fees Repeal 14. Every coroner shall at the end of each year transmit to the Attorney General's Department a statement setting forth the nimiber of inquests, together with the particulars of each held by him during the preceding year, which statement shall be in form |D in the schedule to this Act, or to a like effect. 15. Coroners shall be entitled to such fees for their services as are from time to time fixed by the Lieutenant Governor in Council. 16. All enactments and provisions of the law and all orders and regulations made thereunder inconsistent with or repugnant to this Act are hereby repealed. SCHEDULE. FORM A. CANADA PROVINCE OP ALBEBTA TO wit: I, of the of •. in the Province of Alberta, one of the Coroners of the said Province, make oath and say: That from information received by me, I am of opinion that there is reason for believing that (or a man or woman, or male or female child unknown), now lying dead at , did not come to his death from natural causes, or from mere accident or mis- 88 COBONERS Cap. 15 1906 chance, but that he came to his death from violence or unfair means, or culpable ornegligent conduct of others, under circumstances requiring investig- ation by a Coroner's inquest. Coroner. Sworn before me at the of , in the Province of Alberta, this day of 19... FORM B. APPIDAVIT OP CORONER TJNDBR OATH WHEN INQUEST NOT NECESSARY. CANADA PROVINCE OP ALBERTA TO wit: I, of the of in the Province of Alberta, a Coroner in and for the said Province, make oath and say: That from information received by me, I was of the opinion that there was reason for believing deceased, did not come to death from natural causes, nor from mere accident or mischance, but from violence or unfair means or culpable or negUgent conduct of others, under circumstances requiring investigation by a Coroner's inquest; but after viewing the body of the said deceased, and having made such further incjuiries as I deemed necessary, I have come to the conclusion that an inquest is imnecessaiy, the said deceased having in my judgment come to death from and I have in consequence issued my warrant to bury the body of the said This statement and have withdrawn my warrant for the should be holding of an inquest on the said body. no°w^^t)or Sworn before me at the \ an inquest was of in the Provipce I issued of Alberta, this day j of A.D. 19 . . . ' This affidavit A Commissioner, etc., for Alberta. can be swom before a a J.P. or a notary public FORM C. CANADA PROVINCE OP ALBERTA TO wit: An inquistion taken for our Sovereign Lord the King at the house of in the of on the day of 19. . ., (and by adjournment on the day of ) before _. , one of the Coroners of our said Lord the King, for the Province of Alberta, on view of the body of , then and there lying dead, the undersigned good and lawful men, being duly sworn, and charged to inquire for otir said Lord the King, when, where^ how and by what means the said came to death, do upon their oath say: 89 1906 Cap. 15 o OS n o a o o P PS fit =§ S" 20 ^; s § o H -*^ 3 o o T3 ^ p-{ CD M ■*-» n T^ fj (^ n Tl QQ el S 1 u > >, +3 ffi a ■« S^ § >. .S (11 W ■s o ^ § Tl OJ >. R Xi 05 90 3 S 03 P 1906 CHAPTER 16. An Act respecting Notaries Public. (Assented to May 9, 1906.) UIS MAJESTY, by and with the advice and consent of the '■ * Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council may appoint by Appointments commission under his hand and the seal of the province one or more notaries public for the said province, proAdded that no appointment shall be made of any person or persons who at the time shall not be British subjects actually residing within the said province. (2) Every application for a commission under this section shall be accompanied by an affidavit of the applicant, stating that he is a British subject by birth or naturalization and in the one case giving the date and place of birth and in the other the date and place of issue of his naturalization certificate. 1914, c. 2, s. 6. la. Every member of the Legislative Assembly of Alberta shall ex officio be a notary public for the said province. 1915, c. 2, s. 28. 2. Every such notary shall have, use and exercise the power Powers of drawing, passing, keeping and issuing all deeds and contracts, charter parties and other mercantile transactions in the said province and also of attesting all commercial instruments that may be brought before him for public protestation and other- wise of acting as usual in the office of notary and may demand, receive and have all the rights, profits and emolimients rightfully appertainuig and belonging to the said calling of notary pubUc during pleasure. 3. For every commission issued under this Act there shall Fee for be payable the sum of $10 to the general revenue fund of the •^""^'^^''^ province or such less sum as may be fixed by the Lieutenant Governor in Council. 4. Every commission issued imder section 1 of this Act unless Duration of issued to an advocate of the North-West Territories residing '"'"™^™™ in the province and unless it is sooner revoked shall expire at the expiration of two years from the 31st day of December of the year in which it is issued. 5. Any notary public whose commission expires under the Date of terms of the next preceding section shall write or stamp on every ^^S^o^ 'q affidavit, declaration or other certificate taken or given by him be noted on the date on which such commission expires. °° °°'*° 91 1906 Cap. 16 NOTARIES PUBLIC Appointments heretofore made valid Existing oommissions continued Other com- missions be rescinded (2) Any notary public failing to comply with the provisions of this section shall be liable on summary conviction to a fine not exceeding $10 and costs. 6. All appointments heretofore made by the Lieutenant Gover- nor in Council of persons as notaries public are hereby declared to be valid. 7. The commissions as notaries public of such persons as are at the date of the passing of this Act resident in the province, by whatever authority issued, shall, so long as such persons remain resident in the province and unless the same are sooner revoked, continue in force for the periods respectively that such commissions would have remained in force had this Act not been passed. 8. Save as herein provided, all commissions as notaries public by any law in force in the province are hereby rescinded. 9. Every British Ambassador, envoy, minister, charge d'affaires, and secretary of embassy or legation exercising his functions in any country, and every British consul-general, consul, vice- consul, pro-consul and consular agent exercising his functions in any place may, in that country or place administer any oath and take any affidavit and also do any notarial act which any notary public or- commissioner to administer oaths can or may do within the Province of Alberta, and every oath, affidavit and notarial act administered, sworn or done by or before any such person, shall be as effectual as if duly administered, sworn or done by or before any lawful authority in any part of the said province. (2) Any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person authorized by this section to administer an oath in testi- mony of any oath, affidavit or act being administered, taken or done by or before him shall be admitted in evidence without proof of the seal or signature of that person or of the official character of that person. 1915, c. 2, s. 7. 1906 CHAPTER 17. An Act respecting Sheri£fs and Deputy Sheriffs. (Repealed and substituted 1909, c. 11, s. 49.) 92 1906 CHAPTER 18. An Act respecting Clerks and Deputy Clerks. {Assented to May 9, 1906.) OIS MAJESTY, by and with the advice and consent of the ^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council may from time to Appointment time appoint such fit and proper persons, being advocates of°n^their the North-West Territories or being members of the Law Society remuneration of Alberta, resident in the province, to be clerks of the Supreme Court of the North-West Territories, or such other court as may hereafter be constituted exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exercised therein by the Supreme Court of the North- West Territories, in each judicial district, and every person so appointed shall hold office during pleasure, and such clerks shall receive such remuneration for their services as may from time to time be fixed by the Lieutenant Governor in Council. Provided that the Lieutenant Governor in Council may appoint any person who has been a clerk or deputy clerk of the Supreme Court of Alberta, notwithstanding the fact that he is not an advocate or a member of the Law Society of Alberta, and the previous appointments of all such persons are hereby validated and con- firmed. 1907, c. 5, s. 6; 1914, c. 2, s. 7. (2) Whenever it appears that the convenience of the pubhc Ap|ointment so requires the Lieutenant Governor in Council may appoint clerks deputy clerks for any or all of the judicial districts in the province, and may designate the place or places where such clerks shall establish their offices and fix their remuneration, and the expression "clerk or clerks" where used in this Act shall be taken to include such deputy clerk or clerks respectively but it shall not be necessary that such deputy clerks be advocates and such deputy clerks shall in all respects have and perform all the powers, duties and obhgations imposed upon clerks under this Act. 1907, ^^.^^^ ^^^ .^ C. 0, S. 0. Council may (3) The Lieutenant Governor in Council may by order settle mattersaSsing and adjust any questions, disputes or matters arising from orj,"™^^™"® consequent upon the exercise of the powers herein contained, power to innT rr /^ appomt deputy 1907, C. 5, S. 6. cfSks (4) In the absence or illness of the clerk or deputy clerk he may Provision for in writing appoint some person to act for him, and such person ?ii]!lra'^f°cierk shall during such absence or illness of the clerk or deputy clerk have, use and exercise all the powers, duties and functions of the clerk or deputy clerk. 1907, c. 5, s. 6. 93 1906 Cap. 18 CLEEKS AND DEPUTY CLERKS Security to be given by clerks 3. Every person so appointed shall before entering upon the duties of his office give security for the due performance of such duties in such sum, with such securities and in such manner and form as the Lieutenant Governor in Council requires. brsued'u^on ^" ^^^^ sccurfty shall be available to and may be sued upon by any person suffering damages by the default, breach of duty or misconduct of such clerk. Security to be 4. Such Security shall be filed in the office of the Provincial Pr^Mt^ Secretary and a copy of the same certified by the Provincial Secretary Secretary shall be received in all courts as prima facie evidence of the due execution and contents thereof without further proof. 5. (Repealed— 1907, c. 5, s. 6.) Clerk or 6. No such clerk, or deputy clerk, while holding office, shall not to^ao't M practise as an advocate in the province, or be a member of any an advocate fiiin of advocates practising in the province. Security to be given by deputy clerk 7. Every deputy clerk, before entering upon the duties of his office, shall give seciu-ity to His Majesty, to the satisfaction of the Lieutenant Governor in Council, in the sum of one thousand dollars ($1,000.00) for the due performance of the duties and obligations of the said office, and for the due payment over to the persons entitled thereto of all moneys received by him by virtue of his said office, and any person sustaining damage by reason of nonperformance of any such duties or obligations, or by reason of the nonpayment of any such moneys shall have and possess all rights of action against such deputy clerk and his sureties upon such security for the amount of such damage. ribi?for^ood ^' '^^^ clerk for each judicial district shall be responsible conduct of for the good conduct of every deputy appointed for such judicial deputy clerk district. ^rrieTo*nin^ ®* ^^^ actious and Other proceedings commenced in the office the office in of any oue of the said clerks shall be carried on in the same office, ^"S^cMed*™ and in respect thereof such clerk shall in all respects have and perform all the powers, duties and obligations imposed upon him by any law in force in the province. clerks titol'b" derks ^^' ^very clerk and deputy clerk appointed under the pro- anddeputy visious of this Act shall, upon appointment and before entering upon the duties of his office, take an oath of office in the form in the schedule to this Act, and also the oath of allegiance, and such oaths shall be filed in the office of the clerk of the Executive Council immediately after being taken. On vacancy of office of clerk books, etc., to be handed over to person lawfully performing clerk's duties Order may be made for seizure of books, etc. 11. Whenever a vacancy occurs in the office of the clerk, and until the same is filled by the proper authority, the books, records, moneys and other matters and things the property of the Government of the province shall be handed over by the person in whose possession or control they may be to the person lawfully performing the duties of clerk. (2) Without prejudice to any other powers of the court, or judge, by way of attachment, committal or otherwise, any judge 94 CLERKS AND DEPUTY CLERKS Cap. 18 1906 of the said court hereinbefore referred to may on summary appli- cation make an order directing the sheriff, or other person named by him, to take and seize such books, records, moneys and other things wheresoever found, and for such purpose may authorize such sheriff, or other person, to break and open any doors and windows, buildings, or enclosures, and such order shall be full justification to such sheriff, or other person, for any action taken in pursuance thereof. 13. All necessary books and forms required for use in the Property in clerks' offices shall be provided by and be the property of the forms™ Provincial Government. 13. In every section of the province where the convenience Process issuer of the pubhc requires the Lieutenant Governor in Council may appoint a process issuer and such process issuer shall be supplied by the clerk with blank forms, original, and mesne processes signed by the clerks, and he may issue the same under the direction of the said clerk from time to time, countersigning each one so issued and making returns of all processes so issued showing the fees received by him in respect thereof, and shall return all fees so received to the clerk and transmit a duplicate of such to the Attorney General. The clerk shall deal with and account for such fees so received in the same way as by this Act he is obliged to do with respect to fees received directly by him. 1907, c. 5, s. 6; 1909, c. 4, s. 9. (2) Such process issuer shall receive such remxmeration as may fram time to time be fixed by the Lieutenant Governor in Council. (3) In the absence or illness of a process issuer he may, inyj^l^o^f"' writing, appoint some person to act for him and such person process issuer shall, during such absence or illness of the process issuer, have, use and exercise all the powers, duties and functions of the process issuer, but the process issuer shall be responsible for any act or duty done or performed by such person so appointed while acting as process issuer. 1909, c. 4, s. 9 (2). 14. Where the word "fees" occurs in the following sectionsFees of this Act it shall mean and include all fees and allowances payable to clerks^under the provisions of any law. Statute, Ordi- nance or Act in force in the province. 15. All fees upon interlocutory motions, summonses and orders Fees to be made or granted in chambers shall be paid to the clerk of the''*"'°'°'''' judicial district in which the proceedings are taken. 16. Every clerk shall keep a chamber book in which such Chamber 'book proceedings shall be entered; 17. Every clerk shall keep a separate book in which he shall Fees received enter from day to day all fees and emoluments received by him *° ^^ recorded under and by virtue of the said laws. Statutes, Ordinances or Acts, and amendments, showing therein separately the fees received by him for each service performed under any of the said laws. Statutes, Ordinances or Acts, and amendments, and such further facts and information as the Lieutenant Governor in Council may from time to time require. 95 1906 Cap. 18 CLERKS AND DEPUTY CLERKS Fee book open 18. Each clerk shall produce such book at any time during to inspection j^g lawful office hours for inspection by any person appointed by the Lieutenant Governor in Council for that purpose. All fees to be returned to Provincial Treasurer 19. All fees received by any clerk shall be paid to the Provincial Treasurer by such clerk within the first five days of the month following the month in which such fees are received; and such payment to the Provincial Treasurer shall be accompanied by a statement in such form as the Attorney General may prescribe, verified under oath, showing the amount of the fees received. Penalty for neglect to keep books 30. Any clerk who fails to keep the books required to be kept by him under the provisions hereof or who fails to enter therein any fee or fees received by him and required by the proAdsions hereof to be entered therein shall for each such offence be liable on simunary conviction to a penalty not exceeding $20.00. Failure to transmit fe Penalty 31. Any clerk who fails to transmit to the Provincial Treasurer the fees required to be so transmitted by him under the provisions of section 19 hereof shall for every such offence be liable on simi- mary conviction to a penalty of $20 for each day after he shall fail to transmit the same. Moneystogo gg. The fees and moneys received by the Provincial Trea- revemfefund surcr Under the provisions hereof shall form part of the general revenue fund of the province. Present incumbents continued during pleasure Lieutenant Governor in Council may make regulations 33. Notwithstanding anything herein contained all clerks and deputy clerks of the Supreme Court of the North-West Territories holding and exercising such offices at the date of the passing of this Act shall continue to hold such offices and perform the duties appertaining thereto during pleasure in the same way and to the same extent and subject to the provisions of the same Ordinances, laws, rules and regulations made there- under as would have been in force had this Act not been passed. 34. The Lieutenant Governor in Council may from time to time make such rules and regulations and prescribe such forms not being inconsistent with this act as are necessary to carry out the provisions hereof. Repeal 35, Save as herein provided all laws and all orders, rules and regulations made thereunder repugnant to the provisions of this Act are hereby repealed. SCHEDULE. CLEHK S OATH OF OFFICE. Ij do swear that I will truly and faithfully perform the several duties of Clerk of the Supreme Court of the North-West Territories {.or such other Court as afore- said) Judicial District of to which I have been appointed, without fear, favour or malice. So help me God. Sworn before me at r in the Province of Alberta, this 191. .day of. 96 1906 CHAPTER 19. An Act respecting the Transfer and Descent of Land. (Assented to May 9, 1906.) IJIS MAJESTY, by and with the advice and consent of the ^ * Legislative Assembly of the Province of Alberta, enacts as follows: 1. In this Act unless the context otherwise requires — interpretation 1. The expression "land" means lands, messuages, tenements, Land and hereditaments, corporeal and incorporeal of every nature and description, and every estate or interest therein, and whether such estate or interest is legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, ease- ments, mines, minerals, and quarries appertaiaing thereto, and all trees, and timber thereon and thereunder lying or being, unless any such are specially excepted. 2. The expression "transfer" means the passing of any estate Transfer or interest in land imder any act respecting titles to real estate in the province, whether for valuable consideration or otherwise. 3. The expression "transferror" means the person by whom Transferror any interest or estate in land is transferred, whether for value or otherwise, and the expression "transferee" means the person to whom any interest or estate in land is transferred, whether for value or otherwise. 4. The expression "instrument" means any grant, certificate i™*'"™*"* of title, conveyance, assxirance, deed, map, plan, will, probate or exemplification of will, letters of administration, or an ex- emplification thereof, mortgage or enciunbrance, or any other document in writing relating to or affecting the transfer of or other dealing with land or evidencing title thereto. 5. The expression "transmission" appUes to change of own- Transmission ership consequent upon death, lunacy, sale under execution, order of court, or other act of law, sale for arrears of taxes or upon any settlement or any legal succession in case of intestacy. 2. Land in the province shall go to the personal representatives ^^^,*°^« of the deceased owner thereof and shall be dealt with and dis- peraonS estate tributed as personal estate. 3. No words of limitation are necessary in any transfer of Effect of any land in order to transfer all or any title therein, but every "^^"° °' mstrument transferring land shall operate as an absolute transfer of all such right and title as the transferror has therein at the time of its execution, unless a contrary intention is expressed in the transfer; but nothing herein contained shall preclude any transfer from operating by way of estoppel; and hereafter the introduction of any words of limitation into any transfer or 97 1906 Cap. 19 TRANSFER AND DESCENT OF LAND o/ii^tatbn"^ devise of any land, shall have the like force and meaning, as the same words of limitation would have if used by way of limitation of any personal estate, and no other. . Devisee to take from peraonal representative 4. No devise shall be valid or effectual as against the personal representative of the testator imtil the land affected thereby is transferred to. the devisee thereof by the personal representative of the devisor, saving and excepting such devises as are made by the testator to his personal representative, either in his repre- sentative capacity or for his own use. Dower abolished Widow's riglit 5. No widow whose husband died on or after the first day of January, one thousand eight hundred and eighty-seven, shall be entitled to dower in the land of her deceased husband; but she shall have the same right in such land as if it were personal property. Tenancy by the courtesy abolished Husband's right 6. No husband whose wife died on or after the first day of January, one thousand eight hundred and eighty-seven, shall be entitled to any estate by the courtesy in the land of his deceased wife; but he shall have the same right therein as a wife has in the personal property of her deceased husband. Transfer of 7, Whenever land is transferred to a man and his wife the ^^d^ir" transferees shall take according to the tenor of the transfer, and they shall not take by entireties unless it is so expressed in the transfer. Transfers between consorts 8. A man may make a valid transfer of land to his wife, and a woman may make a valid transfer of land to her husband, without in either case the intervention of a trustee. Estate tail abolished ,- fee simple or other estate substituted Fee simple not changeable into limited estate 9. Any devise or limitation which heretofore would have created an estate tail shall transfer the absolute ownership, or the greatest estate that the devisor or transferror had in the land; and no estate in fee-simple shall be changed into any limited fee or fee-tail, but the land, whatever form of words is used in any transfer or transmission or dealing, shall, except as in any Act of the province otherwise provided, be and remain an absolute estate in the owner for the time being. Married women 10. A married woman shall, in respect of land acquired by /eui/sSL' her on or after the first day of January, one thousand eight hundred and eighty-seven, have all the rights and be subject to all the liabilities of a feme sole, and may, in all respects, deal with land as if she were unmarried. Adultery by wife 11. If a wife has left her husband, and has lived in adultery after leaving him, she shall take no part of the land of her husband. by hSnd 1^- If ^ husband has left his wife, and has lived in adultery after leaving her, he shall take no part of her land. S^^Mierit. 13- Illegitimate children shall inherit from the mother as from mother if they Were legitimate, and through the mother, if dead, any land which she would, if living, have taken by purchase, gift, devise, or descent from any other person. 98 TRANSFER AND DESCENT OP LAND Cap. 19 1906 14. When an illegitimate child dies intestate, without issue, lUantimate the mother of such child shall inherit any land which the saidintestaS"* child was the owner of at the time of his death. 99 Short title Interpretation CoTlPt Judge Relief Contents of petition Fiat for 1906 CHAPTER 20. An Act respecting Suits Against the Crown by Petition of Right. {Ass&Tied to May 9, 1906.) LJIS MAJESTY, by and with the advice and consent of the ■^ Legislative Assembly, of the Province of Alberta, enacts as follows: SHOET TITLE. 1. This Act may be cited as "The Alberta Petition of Right Act." INTEEPBETATION. 3. In this Act, unless the context otherwise requires — (o) The expression "court" means the Supreme Court of the North-West Territories, or such other court as may be here- after constituted and established by law exercising within the Province of Alberta the jurisdiction, powers and authority at the date of the passing of this Act excerised therein by the Supreme Court of the North-West Territories. (6) The expression "judge" means a judge of the said court, and includes the chief jxistice. (c) The expression "relief" shall comprehend every species of relief claimed or prayed for in any petition of right, whether a restitution of any incorporeal right, or a return of lands or chattels, or a payment of money or damages, or otherwise. 3. A petition of right shall be entitled in the Supreme Court of the North-West Territories, or in such other court as may hereafter be constituted and established by law exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exercised therein by the Supreme Court of the North-West Territories, and shall state the place where the suppliant proposes the petition shall be tried; and such petition shall be addressed to His Majesty in the words or to the effect of the form in schedule A to this Act, and shall state the Christian name and sm-name and usual place of abode of the suppliant and those of his advocate, if any, by whom the same is presented, and shall set forth with convenient certainty the facts entitling the suppliant to relief, and shall be signed by the supphant, his counsel or advocate. The facts set forth in the petition shall be verified by affidavit of the suppliant, his advocate or agent, thereto annexed. 4. The said petition shall be submitted for consideration to the Lieutenant Governor in Council, and upon such considera- tion a fiat may be granted that right be done. The suppliant 100 SUITS AGAINST THE CHOWN >^ -^ ^^W- 20 1906 on so submitting the petition shall file therewfffe— rcTthe office of the Clerk of the Executive Council a certificate by the clerk of the said court for the judicial district in which it is proposed that the petition shall be tried that a bond for security for costs . by the suppliant and two sufficient sureties has been deposited costo'*'^ ™ in his office, and until a satisfactory security bond shall have been deposited no fiat shall be granted. 5. Upon the Lieutenant Governor's fiat being obtained to Service of such petition, a copy of such petition and fiat shall be left at*^*'*"™ the office of the Attorney General during office hours with an endorsement thereon in the words or to the effect of the form . in schedule B to this Act annexed, praying for a defence or answer defend *° on behalf of His Majesty within twenty-eight days. 6. In case any such petition of right be presented for the Notice to last recovery of any real or personal property or any right in or tOreai^Mtate"' the same which has been granted away or disposed of by or on behalf of His Majesty or His predecessors, a copy of such petition, allowance and fiat shall be served upon, or left at the last or usual or last known place of abode of the person in the possession, occupation or enjoyment of such property or right, endorsed with a notice in the words or to the effect of the form in schedule C to this Act, requiring such person to file a statement of defence thereto within twenty days after the same has been so served or left as aforesaid. 7. It shall not be necessary to issue any scire facias or other -Appearance , J e J.-L r .... of third party process to any person so served tor the purpose of reqmrmg him and subsequent to appear, plead or answer to such petition; but he shall, if he"'"™^"'^ intend to contest such petition, file his statement of defence thereto within the time specified in such notice or such further time as the court or judge may allow. PLEADINGS. 8. The time for defending or pleading to such petition, on'^J^dfaT'or behalf of His Majesty, shall be the said period of twenty-eight answtimg' days after the same, with such prayer of a defence or answer as aforesaid, has been left at the office of the said Attorney General or such further time as may be allowed by the court or a judge. 9. The petition may be answered within the time aforesaid ^yf 3''*'*'°° according to the practice of the court- relating to statements a^™|d by of defences and coimterclaims, by or in the name of His Majesty's GenS^or Attorney General on behalf of His Majesty. the Crown 10. The petition may be answered by or on behalf of any How petition other person who may in pursuance thereof be called upon toSSweredby plead or answer thereto in the same manner as if such petition, p"^^"' when prosecuted in the said court, were a statement of claim filed therein; and such and the same matter as would be sufficient ground of answer or defence in point of law or fact to such petition on the behalf of His Majesty may be alleged on behalf of any such other person as aforesaid called on to plead or answer thereto. 101 1906 Cap. 20 SUITS AGAINST THE CROWN PRACTICE. Rules of pleading, evidence, etc. 11. So far as the same are applicable, and except in so far as is inconsistent with this Act, the laws and statutes in force as to pleading, evidence, hearing, and trial, security for costs, amendment, arbitration, special cases, the means of procuring and taking evidence, set off, appeal and proceedings in error, in suits between subject and subject, and the rules, orders, practice and course of procedure of the said court respectively, for the time being, in reference to such suits and personal actions, shall, unless the court otherwise orders, be applicable and apply and extend to such petition of right. Petition talcen pro confesso 13. In case of a failure on the behalf of His Majesty, or of any other person as aforesaid, called upon to answer or plead to such petition, to plead or answer in due time, either to such petition or at any subsequent stage of the proceedings thereon, the suppliant shall be at liberty to apply to the court or a judge for an order that the petition may be taken as confessed; and the court or judge, on being satisfied that there has been such failure to plead, answer or defend in due time, may order that such petition may be taken as confessed as against His Majesty or such other party so making default; and in case of default on behalf of His Majesty, or any other such person (if any) called upon as aforesaid to answer or plead thereto, a judgment may be pronounced by the court or leave may be given by the court, on the application of the suppliant, to sign judgment in favour of the suppliant. Setting aside judgment 13. The judgment in the last preceding section authorized may afterwards be set aside by such court or a judge in its or his discretion upon such terms as to it or him seem proper. TRIAL OF ISSUES. Trial 14. Any issue of fact or assessment of damages to be tried or had under this Act shall be tried or had by a judge without . a jury. JUDGMENT. Form of judgment Effect of judgment 15. Upon every such petition of right, the judgment of the court, whether pronounced or given upon the pleacSngs, or upon a default to answer or plead in time, or after hearing or verdict, or otherwise, shall be that the suppliant is or is not entitled either to the whole or to some portion of the relief sought by his petition, or such other relief as the court thinks right, and such court may give a judgment that the suppliant is entitled to such relief, and upon such terms and conditions (if any) as such court thinks just. 16. In all cases in which the judgment commonly called a jud^ent of amoveas manus was formerly in England pronounced or given upon a petition of right, a judgment that the suppliant is entitled to relief as hereinbefore provided shall be of such and the same effect as such judgment of amoveas manus. 102 SUITS AGAINST THE CEOWN Cap. 20 1906 COSTS. 17. Upon any such petition of right, the Attorney General Costs upon or other person appearing on behalf of His Majesty, and every S|ainst'tK such other person as aforesaid who defends or pleads thereto, ™pp''*°' shall be entitled respectively to recover costs against the sup- pliant in the same manner, and subject to the same restrictions and discretion, and under the same rules, regulations and pro- visions, so far as they are applicable, as are or may be usually adopted or in force, touching the payment or receipt of costs in proceedings between subject and subject; and for the recovery of such costs, such and the same remedies and writs of execution as are authorized for enforcing payment of costs upon judgments or orders shall and may be prosecuted, sued out and executed respectively by or on behalf of His Majesty and of such other person as aforesaid as defends and pleads to such petition; and any costs recovered on behalf of His Majesty shall be paid to the Provincial Treasurer and form part of the general revenue fund of the province. 18. Upon any such petition of right the suppliant shall be Recovery of entitled to costs against His Majesty, and also against any other JSppUant*''^ person defending or pleading to any such petition of right, in like maimer, and subject to the same rules, regulations and provisions, restrictions and discretion, so far as they are applicable, as are or may be usually adopted or in force, touching the right to recover costs, in proceedings between subject and subject; and for the recovery of any such costs from any such person, other than His Majesty, defending or pleading in pursuance hereof to any such petition of right, such and the same remedies and writs of execution as are authorized for enforcing payment of costs, judgments or orders in actions between subject and subject shall and may be prosecuted, sued out and executed on behalf of such suppliant. ENFORCING JUDGMENT AGAINST CROWN. 19. Whenever upon such petition of right, a judgment or judge's order is given or made that the suppliant is entitled to relief , ^"^^^i^^ and there is no appeal, and whenever upon an appeal a judgment treaauier, when or order is aflSjmed, given or made that the suppliant is entitled dSrS*" to relief, and whenever any judgment or order is given or made™*'*'*"^ entitHng the suppliant to costs, any one of the judges of the said court shall and may, upon apphcation in behalf of the sup- pliant, after the lapse of fourteen days from the making, giving or afiBJfming of such judgment or order, certify to the Provincial Treasurer the tenor and purport of the same, in the words or to the effect of the form in schedule D to this Act; and such certificate may be sent to or left at the office of the Provincial Treasurer during office hours. 30. Upon the tenor, and purport of any judgment or order PByment of being certified to him as aforesaid, the Provincial Treasurer jj^^^™™* shall pay out of any moneys in his hands, for the time being legally appUcable thereto or which may be thereafter voted by the Legislature for that purpose, the amount of any moneys and costs awarded by such judgment or order to the suppliant in any such petition of right. 103 1906 Cap. 20 SUITS AGAINST THE CROWN SAVING CLAUSE. Act restrained 31. NotMug in this Act Contained shall prevent any suppliant from proceeding as before the passing of this Act. SCHEDULES. Schedules The following are the schedules referred to in this Act: SCHEDTTLB A. (Section 3.) PETITION. In the Supreme Court of the North-West Territories (or such other court as the case may be). To the King's most excellent Majesty: Petition PROVINCE OF ALBERTA, \ The humble petition of A.B., of TO wit: / by his attorney, E.F., of sneweth that (state the facts}. CONCLUSION. Your suppliant, therefore, humbly prays, etc. Your suppliant humbly proposes that this petition be tried at Dated the day of A.D. 191 . . (Signed) A.B. (or CD., counsel for A.B., or E.F., advocated for A.B.) I, A.B., the within suppliant, make oath and say that the facts and matters and things in the within named petition set forth and contained are true, to my personal knowledge. Sworn, etc. (Signed) A.B. Schedule B. (Section 5.) ENDORSEMENT ON PETITION. Endorsement The suppUant prays for a statement of defence on behalf of His Majesty on petition within twenty-eight days after the date hereof, or otherwise that the petition be taken as confessed. Notice to defend Schedule C. (Section 6.) notice to defend. ToA.B.: You are hereby required to file your statement of defence to the within petition in the Supreme Court of the North-West Territories (or such other court as the case may be) within twenty days after the date of service hereof. Take notice that if you fail to defend in due time the said petition may, as against you, be ordered to be t^en as confessed. Dated, etc. 104 SUITS AGAINST THE CKOWN Cap. 20 1906 SCHEDtTLE D. (Section 19.) OERTIPICATE OF JUDGMENT POR PETITIONEE. In the Supreme Court of the North-West Territories (or such other court as the case may be). To the Honourable the Treasurer of Alberta: A.B., euppUant vs. The King. Dated, etc. I hereby certify that on the. . "^a- ■ • ■ ■ ■ ; • • •' Certificateoi A.D. 19. . . ., it was by the said Supreme Court of the judgment foi North-West Territories (or such other court as the case petitioner may be) adjudged (or ordered) that the above named supphant was entitled to, etc. (Judge's Signature). 105 Short title 1906 CHAPTER 21. An Act for the Benefit of Mechanics and Labourers. (Assented to May 9, 1906.) LJiS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Mechanics' Lien Act." INTEBPEETATION. Contractor Subcon- tractor Interpretation 8. In the construction of this Act 1 . " Court " or " j udge ' ' shall mean the court within the province exercising jurisdiction in civil cases to the amount claimed in the action or proceeding whether brought in respect of one lien or more than one lien, and the interpretation herein given shall for all purposes be deemed to have been included in the original Act; 1908, c. 20, s. 12. 2. "Contractor" shall mean a person employed directly by the owner for doing the work or placing or furnishing materials for any of the purposes mentioned in this Act; 3. "Subcontractor" shall mean a person not contracting with or employed directly by the owner for the purpose afore- said, but contracting with or employed by the contractor or under him, by another subcontractor, to do all or a certain portion of the work or to place or furnish material, but a person doing manual or mental labour for wages shall not be deemed a "sub- contractor"; 4. "Owner" shall extend to and include a person having any estate or interest, legal or equitable, in the lands upon or in respect of which the work is done or materials are placed or furnished, at whose request and upon whose credit or on whose behalf, or with whose privity or consent, or for whose direct benefit any such work is done or materials are placed or furnished, and all persons claiming under him whose rights are acquired after the work in respect to which the lien is claimed is com- menced or the materials furnished have been commenced to be furnished; 5. "Works or improvements" shall include every act or under- improvements ^^^j^^^g ^^^ ^^^^y^ ^ y^j^ ^g^y ^^ claimed Under this Act; 6. "Labourer" shall mean, extend to and include every mechanic, miner, artisan, builder, or other person doing labour for wages; 7. "Material" shall include every kind of moveable property; 8. "Wages" shall mean money earned by a labourer, for work done whether by time or as piece work. 106 Owner Works or Labourer Material Wages MECHANICS AND LABOUREES Cap. 21 1906 APPLICATION. 3. This Act shall apply to any contract made or work begun AppUcation previous to the passage hereof, but only so far as regards any moneys remaining unpaid and as respects any such unpaid moneys. NATURE OF LIENS. 4. Unless there is an agreement in writing to the contrary Mechanics signed by the person claiming the lien, every contractor, sub-foh^ve^" contractor, labourer, and furnisher of material doing or causing 'j^^'oj^™''' work to be done upon or placing or furnishing any materials to be used in or for the construction, erection, alteration or repairs, either in whole or in part of, or addition to, any building, tram- way, railway, erection, wharf, bridge or other work, or doing or causing work to be done upon, or in connection with, or the placing or furnishing of materials to be used in or for the clearing, excavating, filling, grading, tracklaying, draining, or irrigating of any land in respect of a tramway, railway, mine, sewer, drain, ditch, flume or other work, or improving any street, road or side- walk adjacent thereto, at the request of the owner of such land shall by virtue thereof have a lien or charge for the price of such work, and the placing or furnishing of such materials upon such building, erection, wharf, machinery, fixture, or other works, and all materials furnished or produced for use in constructing or making such works or improvements so long as the same are about to be in good faith worked into or made part of the said works or improvements, and the land, premises, and appur- tenances thereto, occupied thereby or enjoyed therewith, but limited in amoimt as hereinafter mentioned: Provided such lien shall affect only such interest in the said land, premises and appurtenances thereto as is vested in the owner at the time the works or improvements are commenced, or any greater interest the owner may acquire during the progress of the works or improvements, or have at any time during which the hen stands as an encumbrance against said land. 5; When any material is brought upon any land to be used^y|J^' in connection with such land for any of the purposes enumerated *» uen in the last preceding section hereof, the same shall be subject to a lien for the unpaid price thereof in favour of any person supplying the same until it is put or worked into the building, erection or work as part of the same. 6. No agreement shall be held to deprive any one otherwise Agreement entitled to a lien imder this Act and not a party to the agreement "^ '° ''™° of the benefit of the lien and the lien shall attach notwithstanding such agreement. 7. The taking of any secxirity for, or the acceptance of any Certain promissory note for, or cheque which on presentation is dis-Sot'tob?^ honoured, or the taking of any other acknowledgment of the^^Sction claim, or the taking of any proceedings for the recovery of the or waiver claim or the recovery of any personal judgment for the claim, °*''''° shall not merge, waive, pay, satisfy, prejudice, or destroy any lien created by this Act, unless the Uenholder agrees in writing that it shall have that effect: 107 1906 Cap. 21 MECHANICS AND LABOURERS Provided, however, that a person who has extended the time for payment of any claim for which he has a Uen under this Act to obtain the benefit of this section shall institute proceedings to enforce such lien within the time limited by this Act, but no further proceedings shall be taken in the action until the expiration of such extension of time: Provided further, that notwithstanding such extension of time such person may where proceedings are instituted by any other person to enforce a Hen against the same property prove and obtain payment of his claim in such suit or action as if no such extension had been given. wMohUMT ^' Su''^ li®^ shall be limited in amount to the sum actually UmUed owing to the person entitled to the lien. Liens on mortgaged premises Interpretation of mortgage 9. Where works or improvements are put upon mortgaged premises the hens by virtue of this Act shall be prior to such mortgage as against the increase in value of the mortgaged premises by reason of such works or improvements but not further unless the same is done at the request of the mortgagee in writing; and the amount of such increase shall be ascertained upon the basis of the selling value upon taking on the account, or by the trial of an action or issue as provided herein, and thereupon the judge may if he shall consider the works or improvements of sufficient value to justify the proceedings order the mortgaged premises to be sold at an upset price equal to the selling value of the premises immediately prior to the commencement of such works or improvements (to be ascertained as aforesaid) and any sum realized in excess of such upset price shall be subject to the liens provided for by this Act. The moneys equal to the upset price as aforesaid shall be appUed towards the said mortgage or mortgages according to their priority. Nothing, however, in this section shall prevent the hen from attaching upon the equity of redemption or other interest of the owner of the land subject to such mortgage or charge. (2) "Mortgage" in this section shall not include any part of the principal sum secured thereby not actually advanced to the borrower at the time the works or improvements are com- menced, and shall include a vendor's lien and an agreement for the purchase of land, and for the purposes of this Act and within the meaning thereof the purchaser shall be deemed mort- gagor and the seller a mortgagee. Claim for 10. Without prejudice to any hens which he may have under the preceding sections every mechanic, labourer or other person who performs labour for wages upon the construction, alteration or repairs of any building or erection, or in erecting or placing machinery of any kind in, upon or in connection with any build- ing, erection or mine shall to the extent of the interest of the owner have upon the building, erection or mine and the land occupied thereby or enjoyed therewith a hen for such wages, not exceeding the wages of six weeks or a balance equal to his wages for six weeks. (2) The hen for wages given by this section shall attach when the labour is in respect of a building, erection or mine on property 108 MECHANICS AND LABOURERS Cap. 21 1906 belonging to the wife of the person at whose instance the work is done, upon the estate or interest of the wife in such property as well as upon that of her husband. 11. Every building or other improvement mentioned in the owner of fourth section of this Act constructed upon any lands with the'to"]^^!*"' knowledge of the owner or his authorized agent, or the person ^uthon^d^^j having or claiming any interest therein, shall be held to have bmidjDgs been constructed at the request of such owner or person having *''^''^™ or claiming any interest therein, unless such owner or person having or claiming an interest therein shall, within three days after he shall have obtained knowledge of the construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing to that effect in some conspicuous place upon said land or upon the bxiilding or other improvement thereon. (2) Whenever such owner or such person, not having con- Notice by tracted for or agreed to such construction, alteration, repair, ge^^St works or improvements being done or made, but who has failed b^^r^o™"* to give said notice within the said three days, shall post a notice on his land in writing in some conspicuous place upon said land, or upon the buildings or improvements thereon, to the effect that he will not be responsible for the works or improvements, no works or improvements made after such posting shall give any right as against such owner or person, or his interest in said land, to a hen under this Act. 13. Where any of the property upon which a lien is given insurance by this Act is wholly or partly destroyed by fire, any insurance ™™^''^ receivable thereon by the owner, prior mortgagee or chargee, shall take the place of the property so destroyed, and shall, after satisfying any prior mortgage or charge in the maimer and to the extent set out in section 9 hereof be subject to the claims of all persons for liens to the same extent as if such moneys were realized by the sale of such property in an action to enforce a lien. 13. Every lien upon such building, erection, mine, works pen expires or improvements, or land shall absolutely cease to exist after SteJrom- the expiration of thirty-five days, except in the case of a claim p'^J«>^^^ for wages owing for work in, at or about a mine, in which case registered the Hen shall cease after the expiration of sixty days after the claimant has ceased from any cause to work thereon, or place as^'to'mM or furnish the materials therefor; provided, however, that any labourer shall not be held to have ceased work upon any building, erection, mine, works or improvements until the completion of the same, if he has in the meantime been employed upon any other work by the some contractor, unless in the meantime the person claiming the lien shall file in the land titles oflSce of the land registration in which the land is situate or in the office of ^^g^^**"™ the clerk of the Superior Court of the province in the judicial district in which the land lies, an affidavit sworn before any person authorized to take oaths, stating in substance: 1915, c. 2, s. 27. (a) The name and residence of the claimant, and of the owner of the property or interest to be charged; (6) The particulars of the kind of works or improvements done, made or furnished; 109 1906 Cap. 21 MECHANICS AND LABOUBEKS (c) The time when the works or improvements were finished or discontinued; (d) The sum claimed to be owing and when due; (e) The description of the property to be charged; (/) The address for service of the claimant. 1915, c. 2, s. 27. which affidavit shall be received and filed as a lien against the property, interest or estate. Every registrar under The Land Titles Ad, and every such clerk shall be supplied with printed forms of such affidavits in blank, which may be in the form or to the effect of schedule A to this Act, and which shall be supplied to every person requesting the same and desiring to file a lien. Every such registrar and clerk shall keep an alphabetical index of all claimants of liens, and the persons against whom such liens are claimed, which index shall be open for inspection during office hours, and it shall be the duty of such registrar and clerk ,to decide whether his is or is not the proper office for the filing of such affidavits, and to direct the applicant accordingly; and no affidavit shall be adjudged insufficient on the groimd that it was not filed in the proper registry office or clerk's office. The said claim of lien may be described as a mechanic's lien: Provided, however, that no lien shall be filed unless the claim or joined claims shall amoimt to or aggregate $20 or more. u«ua» ^^) Upon the filing of such affidavit in any such land titles enoumbranoes, office the registrar shall enter and register the claim as an encirni- with registrar bj-^nce against the land or the estate or interest in the land therein described as provided in The Land Titles Act. (3) Upon the fiUng of such affidavit in the office of any such clerk the clerk shall forthwith transmit to the registrar of the land registration district in which the land lies a certificate of the fifing of such lien in his office, and specifying the particulars in the affidavit contained, and upon the receipt by the said registrar of such certificate he shall enter and register the claim as an encumbrance against the land or the estate or interest in the land therein described as provided in The Land Titles Act. Amount for which lien may be filed Claims to be filed as With clerk Substantial compliance with section 13 only necessary 14. A substantial compliance only with section 13 of this Act shall be required and no lien shall be invalidated by reason of failure to comply with any of the requisites thereof, unless in the opinion of the court or judge adjudicating upon the lien under this Act the owner, contractor, subcontractor, mortgagee or other person is prejudiced thereby, and then only to the extent to which he is prejudiced, and the court or judge may allow the affidavit and statement of claim to be amended accordingly. Liens to pass on death lo legal repre- sentatives or may be 15. In the event of the death of a lienholder his lien shall pass to his personal representatives, and the right of a Henholder may be assigned by any instrument in writing subject to the limitations contained in section 17 hereof. During con- tinuance of lien property must not be removed Receipted pay rolls to be posted on works 16. During the continuance of any lien no portion of the property affected thereby shall be removed to the prejudice of such lien and any attempt at such removal may be restrained on application to the court or judge. 17. No contractor or subcontractor shall be entitled to demand or receive any payment in respect of any contract where the 110 MECHANICS AND LABOUBEES ' Cap. 21 1906 contract price exceeds $500 vintil he or some person in charge of the works or improvements shall post upon the works or im- provements a copy of the receipted pay roll, from the hour of 12 m. to the hour of 1 p.m. on the first legal day after pay day, and shall have delivered to the owner, or other person acting on iiis behalf, the original pay roll containing the names of all labourers who have done work for him upon such works or im- provements, with a receipt in full from each of the said labourers, with the amounts which were due and had been paid to each of them set opposite their respective names, which pay roll may be in the form of schedule C hereto, and no payment made by the owner without the delivery of such pay roll shall be valid for the purpose of defeating or diminishing any lien upon such property, estate or interest in favour of any such labourer. No assignment by the contractor or any subcontractor of any moneys due in respect to the contract shall be valid as against any lien given by this Act. As to all liens, except that of the contractor, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset or counterclaim in favour of the owner against the contractor: Provided, however, that the failure to comply with the pro- visions of this section respecting the posting of the receipted pay roll and delivery of the same shall not prejudice the right of lien of the contractor or subcontractor so in default, or his right to maintain an action or other proceeding to enforce the same, but the court or judge on application may at any stage before trial order a stay of proceedings until proof be made to his satisfaction that all workmen employed by such contriactor or subcontractor on such works or improvements have been paid in full, and may in such order limit the time ivithin which such proof may be furnished, and if the same be not furnished to the satisfaction of such court or judge such action may be dismissed and in any such action or proceeding the court or judge may in his discretion award costs against the plaintiff in any event and notwithstanding that he may have sucessfuUy main- tained his action to judgment. 1908, c. 20, s. 12. ENFORCEMENT. 18. Any number of lienholders may be joined in one suit conBoUdation and all suits or proceedings brought by a lienholder shall be°*'^™° taken to be brought on behalf of all lienholders who may be made parties to such suits or proceedings within the time mentioned in section 35 hereof: Provided that the moneys realized in such suit shall be dis- tributed amongst the lienholders, parties to such suit or proceed- ings, in the order and manner provided in section 30 of this Act. Any Uenholder not originally joined may be made a party to such suit or proceedings by order of a judge, upon ex parte appli- cation supported by an affidavit stating the particulars of the claim, and any lienholder so joined in any such suit or proceedings shall be deemed to have compUed with section 35 of this Act as fully as if he had instituted a suit in his own behalf. 19. If more than one suit is conamenced in respect of the owner may same contract the owner or contractor shall apply to have the ^p^y^^°_''*™ causes consolidated, and failing to do so he shall pay the costs soUdated 111 1906 Cap. 21 MECHANICS AND LABOURERS Judge may order con- Bolidation of actions of such additional suit or siiits. Save as hereinafter mentioned the owner complying with the provisions of this Act shall not be liable for any greater sum than he has agreed to pay by contract. 30. If two or more actions are brought in respect of the same contract or work the court or judge may by order on the appli- cation of any pei:son interested consolidate all the actions and may make such order as to costs as he shall think fit. p?^S[gato ^^- Proceedings to enforce a Hen or liens under this Act may enforce liens be taken before the court or a judge in a summary way by origin- ating summons subject to the provisions in that behalf of The Judicature Ordinance, and of the rules of coiirt, which are now or which shall hereafter be in force in the province. The court or judge upon the return of the summons may either proceed to take the accounts and make the necessary inquiries for the pm-pose of determining the matter, or he may try or direct the trial of any issue or issues in relation thereto as he shall think necessary, and he may give directions as to the conduct of any such issue, the parties thereto, pleadings, particulars, production . and discovery therein (if any such proceedings be by him thought necessary) and any other directions he shall deem advisable for the proper disposal and trial thereof; and in default of payment of any amount that shall be found to be due the court or a judge may direct the sale of the estate or interest charged and such fm-ther proceedings may be taken for the purposes aforesaid as the court or judge may think proper, and any conveyance under the seal of such court or judge shall be effectual to pass the estate or interest sold and the fees and costs in all proceedings so taken shall be such as are payable according to the ordinary procedure of the said court, and except as herein otherwise provided the proceedings shall be as nearly as possible according to the practice and procedure in force in the said coxu-t. 1909, c. 4, s. 10. brsS^"^^ 33. Proceedings to enforce a hen or liens under this Act may also be taken by suit in the ordinary way, provided, however, that the court or judge before whom such action is tried may in dealing with the question of the costs of such action take into consideration the difference in costs occasioned by reason of an action having been brought instead of proceedings having been taken by originating summons as provided in section 21 hereof, and may make such order as to costs therein, both as between solicitor and client as well as between party and party as to him shall seem just. 1909, c. 4, s. 10. Appeal to 33. There shall be an appeal to the Supreme Court en banc Court™° from the decision of the court or a judge hereimder in all matters where the amount of the lien or the total amount of the liens joined in one action or proceedings is $200 or over, but where the amoimt of the hen or the total amount of the hens so joined is less than $200 the decision of the coiut or judge or first instance shall be final. 1909, c. 4, s. 10. imou'SroV" 2*- Upon the hearing of any claim for a hen the court or claim judge may so far as the parties before him, or any of them, are debtor and creditor give judgment against the former in favour 112 MECHANICS AND LABOURERS Cap. 21 1906 of the latter for any indebtedness or liability arising out of the claim in the same manner and to the same extent as if such indebt- edness or liability had been sued upon in the said court in the ordinary way without reference to this Act. 35. Any person against whose property a hen has been registered f^„°^ *° under the provisions of this Act may apply to the court or J^dgewhyiien^^ on an affidavit setting forth the registry of the same, and that be°"anooUe(i hardship or inconvenience is experienced or is likely to be experi- enced thereby, with the reasons for such statement, for a summons calling upon the opposite party to show cause why such lien should not be cancelled upon sufficient security being given. Such summons, together with a copy of the affidavit on which the same is granted, shall be served on the opposite party and made returnable in three days after the issuing thereof, or in such greater or less time as the judge may direct. 36. On the return of such summons the court or judge mayJ^^^^^^J order the cancellation of such lien, either in whole or in part, ceiiation upon the giving of security by the party against whose property °' '^^ the said lien is registered to the opposite party in an arrount satisfactory to the said court or judge, and upon such other terms, if any, as the court or judge may see fit to impose. 37. The registrar in whose office the said lien is registered o°J^^^'^^^ ;shall on the production of such order file the same and cause be canoeUed the said lien to be cancelled as to the property affected by the ■order. 38. When it shall appear to the court or judge in any pro- 1" certain ^ •ceedings to enforce a lien or hens under this Act that such pro- contractor to ceedings have arisen from the failure of any owner or contractor p*^°°°*° to fulfil the terms of his contract or engagement for the work in respect of which the liens are sought to be eiiforced or to comply with the provisions of this Act such court or judge may order "the said owner or contractor, or either of them, to pay all the ■costs of such proceedings in addition to the amount of the contract or subcontract, or wages due by him or them to any contractor, -subcontractor or labourer, and may order a final judgment against ;such contractor or owner or either of them in default for such ■costs with execution as provided in section 21 of this Act. 39. If the property sold in any proceedings under this Actpjo^rty** ; shall be a leasehold interest the purchaser at any such sale shall be deemed to be the assignee of such lease. 30. All moneys reahzed by proceedings under this Act shall °/^^^^^™ be applied and distributed in the following order: realized under First. — ^The costs of all the henholders of and incidental "* to the proceedings, and of registering and proving the hens'; Second. — Six weeks' wages (if so much be owing) of all labourers employed by the owner, contractor or subcontractor; Third. — ^The several amounts owing for material, placed -or furnished, in respect of the works or improvements; Fourth. — ^The amounts owing the subcontractor and other persons employed by the owner and contractor; Fifth. — ^The amount owing the contractor. ' 113 1906 Cap. 21 MECHANICS AND LABOURERS (2) Each class of lienholders shall rank -pari passu for their several amounts, and the portions of said moneys available for distribution shall be distributed among the lienholders pro rata according to their several classes and rights. (3) Any balance of said moneys remaining after all the above amounts have been distributed shall be payable to the owner or other person legally entitled thereto: Provided, however, that when any labourer has more than six weeks' wages owing to him by any subcontractor, contractor or owner, the court or judge shall cause the extra sum beyond six weeks' wages to be deducted out of any sum actually coming under the above distribution to such subcontractor, contractor or owner, and shall order the same to be paid to such labourer. D«™= ri lit ^^' ■^"^^'^y device by an owner, contractor or subcontractor, of wag?-"™ '' adopted to defeat the priority given to wage-earners for their earners void ^ages by this Act shall, as against such wage-earners, be null and void. Owner's liability as to wages What latest notice shall contain Statement of lienholder Court may order state- ment to be given 33. No lien, except for not more than six weeks' wages in favour of labourers, shall attach so as to make the owner liable for a greater sum than the sum owing by the owner to the con- tractor at the time of the receipt by the owner or person having superintendence of the work on behalf of the owner, of notice in writing of such lien and of the amount thereof; or which may become owing by the owner to the contractor at any time sub- sequent thereto while such lien is in efifect. 1908, c. 20, s. 12. (2) Where more than one such notice is given by a lienholder to the owner in regard to material furnished to the same contractor the lienholder shall in the latest notice so given state the total amount or balance owing at the time of the giving of such latest notice by the contractor to the lienholder, and in default of such total amount or balance being so stated it shall, with respect to any payments ihade by the owner, be taken to be the amount of the hen mentioned in the said latest notice and no hen or liens of such lienholder shall attach so as to make the owner liable for more than the amount or the total amount or balance so ascertained. 1908, c. 20, s. 12. (3) Where notice of a hen has been given as in this section provided the lienholder shall upon request furnish to the con- tractor or owner a statement in writing of the amount or balance due and payable in respect of the material, for the supplying or furnishing of which such lien is claimed, and no lien or hens of such lienholder for material supplied or furnished up to the time of the giving of such statement shall attach so as to make the owner liable for any greater sum than is so stated. 1908, c. 20, s. 12. (4) The • contractor or owner may apply to the court by originating summons as set out in The Judicature Ordinance, to compel any lienholder who refuses or neglects to do so, to furnish such a statement as in the next preceding subsection required or with respect to the accuracy of any statement furnished in accordance with the provisions of this section, and the court may upon such appUcation make such order in the premises and as to the costs of the application as to the court shall seem just. 1908, c. 20, s. 12. 114 MECHANICS AND LABOUBERS Cap. 21 1906 33. Where any mechanic, artisan, machinist, builder, miner. Materials contractor or any other person has furnished or procured materials exemtion""" for use in the construction, alteration or repair of any building, erection or mine at the request of and for some other person, such materials shall not be subject to execution or other process to enforce any debt (other than for the purchase thereof) due by the person furnishing or procuring such materials, and whether the same have or have not been in whole or in part worked into or made part of such building or erection. 34. Every mechanic or other person who has bestowed money Enforcing or skill and materials upon any chattel in the alteration and improvement improvement of its properties, or increasing its value, so as thereby °^ "^^^^^ to become entitled to a lien upon such chattel or thing for the amount or value of the money, skill, or materials bestowed, shall, while such lien exists but not afterwards, in case the amount i;o which he is entitled remains unpaid for three months after the same ought to have been paid, have power to sell the chattel in respect of which the hen exists, on giving two weeks' notice by advertisement in a newspaper published in the city, town or judicial district in which the work was done, or in case there is no newspaper pubhshed in such city, town or judicial district, then in a newspaper published nearest thereto, stating the name of the person indebted, the amount of his indebtedness, a descrip- tion of the chattel to be sold, the time and place of sale; and after such sale such mechanic or other person shall apply the proceeds of such sale in pajmient of the amount due to Mm, and the costs of advertising and sale, and shall pay over the surplus (if any) to the person entitled thereto on application being made to him therefor and a notice in writing of the result of the sale shall be left at or posted to the address of the owner at his last known place of abode or business. BX;PIRATION, CANCELLATION AND DISCHARGE. 35. Every lien in respect of which an affidavit has been filed ^^J"*!^^ against the title of any land or any interest therein shall be deemed to have lapsed after the expiration of sixty days after service, in the manner in which service of process is usually made and proved to the satisfaction of the registrar of land titles for the district in which the said affidavit has been filed, of a notice in form A in the schedule D to this Act, or to the like effect, shall have been made upon the lienholder, unless before the expiration of the said period of sixty days the lienholder shall have taken proceedings in court to enforce his lien and shall have filed or caused to haye been filed a certificate thereof in form B in the schedule D to this Act, or to the like effect, in the land titles office for the said district: 1915, c. 2, s. 27. Provided that the court or judge may, upon an ex parte appli- cation, shorten the said period of thirty days to such period as he shall specify in such order, and a copy of such order shall be served with the notice in this section referred to. (2) Such certificate may be gran,ted by the court or judge in which or before whom proceedings are instituted or by the clerk of such court. 1907, c. 5, s. 17. Repealed and svhstituted 1915, c. 2, s. 27. 115 1906 Cap. 21 MECHANICS AND LABOUBERS When a registered lien shall be cancelled 36. The registrar of the land registration district shall on receiving a certificate under the seal of the clerk of the court wherein any action in respect of any lien registered in the land titles office within the jurisdiction of such registrar is pending, stating the names of the lienholders, parties to such action and that the amount due by the owner in respect of such hens has been ascertained and paid into court in pursuance of an order of such court or judge or that the property has been sold to realize such liens or that such hen has been improperly filed or that such lien has otherwise ceased to exist or, on receiving a statement in writing signed by the claimant or his agent that the lien has been satisfied, cancel all liens registered by such parties. Receipted pay rolls of woodman's wages must be produced 37. Every person making or entering into any contract, engage- ment or agreement with any other person for the piu-pose of furnishing, supplying or obtaining timber or logs, by which it is requisite or necessary to engage and employ workmen and labourers in the obtaining, supplying and fm-nishing such logs or timber as aforesaid shall before making any payment for or on behalf of; or imder such contract, engagement or agreement, of any simi of money, or b^ kind, require such person to whom payment is to be made to produce and fimiish a pay roll or sheet of the wages and amount due and owing and of the payment thereof, which pay roll or sheet may be in the form of schedule C annexed to this Act, or if not paid, the amoimt of wages or pay due and owing to a.11 the workmen or labourers employed or engaged on or under such contract, engagement or agreement, at the time when the said logs or timber is delivered or taken in charge for or by or on behalf of the person so making such payment and receiving the timber or logs. Persons not requiring production of receipted pay roll shall be liable at suit of workman 38. Any person making any payment under such contract, engagement or agreement without requiring the production of the pay roll or sheet as mentioned in section 37 of this Act shall be liable at the suit of any workman or labourer so engaged under said contract, engagement or agreement for the amount of pay so due and owing to the said workman or labourer under said contract, engagement or agreement. Sums men- tioned in pay roll as unpaid to be retained 39. The person to whom such pay roll or sheet is given shall retain for the use of the labourers or workmen whose names are set out in such pay roll or sheet the sums set opposite their respective names which have not been paid, and the receipt or receipts of such labourers or workmen shall be a sufficient discharge therefor. Judges may make rules of court 40. The judges of the said com-t, or any two of them, may make general rules and regulations not inconsistent with this Act for expediting and facilitating the business before such court under this Act and for the advancement of the interests of suitors therein. Construction of this Act 41. Nothing in this Act contained shall be construed to affect any mechanic's lien filed or registered or the rights or liabilities of any person by or against whose property any 116 MECHANICS AND LABOURERS Cap. 21 1906 mechanic's lien has been filed or registered prior to the coming into force of this Act; and all such liens may be enforced in the same manner as though this Act had not been passed. 43. Save as herein provided The Mechanics' Lien Ordinance Repeal of the North-West Territories and all amendments thereto are hereby repealed. SCHEDULE A. In the matter of The Mechanics' Lien Act and in the matter of a lien claimed by • I, of Alberta, make oath and say: 1. That of claim a mechanic's Uen against the property or interest herein aftermentioned whereof i residing at is owner. 2. That the particulars of the work done or materials fmmished are as follows: 3. That the work or materials were finished, furnished or discontinued on or about the day of 4. That the said was in the employment of contractor for the work in respect of which the Uen is claimed, for days after the above mentioned date. 5. That the sxan of dollars is owing to in respect of the same, and was or will be due on the day of 6. That the description of the property to be charged is as follows: Sworn at Alberta, this day of A.D before me. 1907, c. 5, s. 17. SCHEDULE B. (Repealed — 1907, c. 5, s. 17.) SCHEDULE C. PAT KOLL. Name 1 From 5th Jan., 1891, to 10th Jan. 1891 (inclusive) Am't paid Date of pay- ment Received payment in full No. days employed Rate per day Total amount earned R. Roe Six days $3.50 $21.00 $21.00 12th Jan. 1891 R. Roe I hereby certify that the above statement is correct to tte best of my knowledge and belief, and is made by me in compliance and in accordance with section 17 of The Mechanics' Lien Act, on account of (my contract to, or employment by, as the case may be). (Here insert brief description of the work) for (owner's name) up to the day of 19... (Signed) Contractor. Dated day of 19. . . . 117 1906 Cap. 21 MECHANICS and labourers SCHEDULE D. Form A. To : Take notice that the mechanics' lien filed by you in the land titles ofB.ce for the Alberta Land Registration District on the day of 19. . ., as D.B. No shall be deemed to have lasped according to the provisions of section 35 of The Mechanics' Lien Act uideBS, within days frpm the date of service of this notice on you, you shall have taken proceedings in court to enforce such lien and shall have caused a certificate thereof to be filed as reqxaired by said section. Form B. To the Registrar Alberta Land Registration District: This is to certify that proceedings have been taken in court to enforce a certain mechanic's lien filed by against (here describe lands), .... which said lien was filed on the day of 19. . ., as D.B. No M.) Clerk of the Court. 1916, c. 2, s. 27. 118 1906 CHAPTER 22. An Act respecting^ The Dental Association of Alberta. {Assented to May 9, 1906.) \X7HEREAS the profession of dentistry is extensively practised "'' in the Province of Alberta, and it is expedient for the protection of the public that a certain standard of qualification should be required of each practitioner of said profession, and that certain privileges and protection should be afforded to such practitioners; Now therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHOET TITLE. 1. This Act may be cited as "The Dental Association Act." short title OBGANIZATION. 2. There is hereby established and constituted in the Province organization of Alberta an association of Dental Surgeons under the name™'*''"™" of The Alberta Dental Association, which shall be a body corpor- ate and poUtic under the name of "The Alberta Dental Associa- tion," and shall be deemed to be a body corporate and poUtic, and by the said name shall have perpetual succession and a common seal, with power to break, alter, change or make new the same, and by the name aforesaid may sue and be sued, implead and be impleaded, answer and be answered unto in all courts and places whatsoever, and may have, hold, receive, enjoy, possess and retain for the purposes of said association all such sums of money as may at any time be given or bequeathed to and for the use of the same, and by the said name may purchase, take, hold and enjoy any real estate, or any estate or interest derived or arising out of real estate, for the purpose aforesaid and for no other purpose, and may sell, grant, lease or otherwise dispose of the same; but the real estate so held by the said association shall at no time exceed in annual value the sum of five thousand dollars. 3. The following persons shall be members of and shall con-P^°^''''° stitute the said association, namely: memberB (a) Every person who, at the time of the coming into force of f ^'^'^^Bfied this Act is a duly qualified and registered member of The College an/ ""* of Dental Surgeons of the North-West Territories under the"^''*'^'*' «*"• provisions of " The Dental Profession Ordinance," being chapter sixteen of the North-West Territories Ordinances of 1903 (Second Session), or under any other Ordinance of the Legislature of the North-West Territories relating to the said college; (6) Every person who shall hereafter be duly licensed and Everyone registered under the provisions of this Act. UoeMedand . I Q registered 1906 Cap. 22 DENTAL ASSOCIATION BOARD OF DIRBCTOES. Board of directors, composition of Election board Qualification of voters 4. There shall be a board of directors of said association, which shall consist of five members, who shall, except as hereinafter provided, hold ofiice for two yeajs. Except at the first election of directors afteir the passing of this Act, three of said directors shall be elected each second year. At the first election aforesaid five directors shall be elected, three of whom shall be elected to hold office for two years and two for one year. The three directors at such first election receiving the greatest number of votes shall be deemed to be elected for the two-year period, iand the two receiving the next largest number of votes shall be deemed to be elected for the one-year period. In the event of a tie between any candidates at such election the president of the association, at the time such election is held, is authorized to deternune which of the parties affected by the tie is elected, or which of such parties shall hold office for two years and which for one year. Any director may at any time resign by letter directed to the secretary; and in the event of any such resignation or of a vacancy occuring by death or otherwise the remaining members of the board, or a majority of such remaining members, shall elect some fit and pro- per person from among the members of the association to supply such vacancy. 5. An election of directors of the said association shall be held at such place as shall be decided upon by the directors on the second Monday of July in every year, the first election after the passing of this Act being held on the second Monday in June, A.D. 1906. One month's notice of each election of directors shall be given by circular by the secretary to each member of the associa- tion, provided that any oversight or omission in giving such notice shall not void the election. If for any reason the election of directors shall not be held on the date specified in this Act, it shall be held on such date thereafter as shall be appointed by the directors or by any ten members of the association in writing by a letter addressed to the secretary. 1908, c. 20, s. 13, (1). (a) In the event of the election of directors not being held on any of the days aforesaid, the directors in office shall continue to hold office imtil their successors are appointed. (6) The members of the association may, at any election of directors, cast their ballots without being actually present at the place where the election is being held, proAdded that such ballots shall be sent or handed to the secretary of the association so as to be received by him prior to the hotir fixed for the holding of an election. In the event of ballots so sent or handed they shall be signed by members of the association voting and shall set forth the names of the candidates for whom such member votes. In the event of any such ballot being marked for more names than there are vacancies, such ballot shall be rejected. Ballots so sent or handed shall be enclosed in an envelope and shall be so marked on the outside as to indicate that the envelope contains a ballot. 6. The persons qualified to vote at the said election shall be those licentiates who have obtained certificates of license under the provisions of this Act or any of the Ordinances mentioned m section 3 hereof and who are at the date of such election duly registered under this Act. 120 DENTAL ASSOcrA.TioN Cap. 22 1906 7. Until such directors are appointed as herein provided, the^™^""^' directors elected at a convention of dentists of the Province of Alberta, held in Calgary during the month of October, 1905, namely: Doctors R. B. O'SulliVan, Calgary; R. C. McClure, Lethbridge; A. E. Aunger, Lacombe; E. M. Doyle, Calgary; 0. F. Strong, Edmonton, shall be deemed to be the board of directors of the association, and may exercise all the rights and powers of such board tintil their successors are elected. 8. The election of directors shall be by ballot, and the licen-Votogtobe tiates receiving the highest niunber of votes shall be the directors '' for the then ensuing term. 9. The secretary of the association shall publish in T/iePubHoation Alberta Gazette the names of those persons who have been" elected members of the hoard of directors, such publication to be made in the issue of the said gazette appearing next after the said election shall have been held, or so soon thereafter as the secretary can reasonably cause the same to be published. OTTICEES. 10. The board of directors at their first meeting shall elect Emotion of from among themselves a president, a vice-president and a° "^^ secretary-treasurer-registrar. MEETINGS. 11. The board of directors of the association shall hold two Meetings of meetings in each and every year in such place as may from time to exSiJation, time be fixed by the board. Such meetings shall be held on the®*"- second Monday in January and July of each year and may be continued or adjourned until the business before the board is disposed of. 1911-12, c. 28, s. 1. 13. The said board shall have no power to transact any business Majority of the association unless a majority of the members of such board Resent* be present. POWEES OF THE BOARD. 13. The board of directors shall from time to time make such Rules, _ rules, regulations and by-laws as may be necessary for the better eto!'^**"'°°' guidance, government, discipUne and regulation of the said board and of the profession of dentistry and for the carrying out of this Act: Provided that such rules, regulations and by-laws shall, before coming into force, be approved by the Lieutenant Governor in Council. 14. {Repealed— 1911-12, c. 28, s. 2.) 15. {Repealed— 1911-12, c. 28, s. 2.) 16. The board shall also have the power and authority to fixCumcuium and determine the period for which every student shall be articled ° ^*" ^° and employed under some duly licensed and registered practitioner, and to fix and determine the fees to be paid into the hands of the 121 1906 Cap. 22 DENTAL ASSOCIATION treasurer of the association before the applicant shall receive a certificate of license to practise the profession of dentistry or to be entitled to registration under this Act, and also to fix the annual fee to be pajahle by each member of the association: 1911-12, c. 28, s. 3. Provided that the fees hereinbefore mentioned shall not in any case exceed the following: Indenture fee, $10.00; Registration fee, $50.00; Annual fee, $10.00. 1911-12, c. 28, s. 4. Matriculation examination to be held each year 17. The matriculation or preliminary examination as provided in the fifteenth section of this Act shall be passed fey all students prior to entering into articles of indenture with a hcentiate of dentistry, provided that a certificate from any recognized univer- sity of the Dominion of Canada that the intending student has matriculated according to the curriculum of any such university, or a certificate from the Department of Education that the candi- date has a standing equal to that required for second class non- professional certificates of teachers, shall be taken in lieu of the matriculation or preliminary examination aforesaid. The com- mencement of the term of any articled student shall date from the signing of his articles as aforesaid. All candi- dates for license to be examined 18. The board of directors shall, at its regular meetings, examine or cause to be examined all candidates for license to practise dentistry and for registration under this Act who present them- selves pursuant to the provisions of the next succeeding sections. Payment of fees, etc., before examination 19. Every person being desirous of being examined by the said board touching his qiialifications for the practice of the said profession of dentistry shall, at least one month before the sitting of the said board, pay into the hands of the treasurer the required fees and furnish him satisfactory evidence of his term of appren- ticeship having been fulfilled, and as to the applicant's integrity and good morals. Who entitled to a license Persons eiititled to certifi- cates Powers of Lieutenant Governor in Council 30. The following persons, upon payment of their required fees, shall be entitled to receive certificates of license to practise den- tistry in this province from the board of directors of said associa- tion, namely: (a) Any person who is a graduate of any school or college of dentistry, or a member of any dental association recognized by order in coimcil as hereinafter provided, and produces sufficient evidence of identity and fulfils the qualifications prescribed for students to indentureship, and passes the final examination prescribed for the admission of students to practise. 1908, c. 20, s. 13. {Note. — This would appear to be repealed by c. 28, 1911-12, but there is obviously some omission.) (6) At any time after the passing of this Act the Lieutenant Governor may by order in council set forth and declare the names of such schools, colleges and associations the graduates of which shall be entitled to receive certificates of Hcense as aforesaid, and may at any time by further order in council recognize any other school, college or association, or recind any former order in council recognizing any such school, college or association, and imtil an order in council is passed refusing recognition to .any school of dentistry of any of the provinces of the Dominion of Canada having authority by law to grant certificates of license or diplomas 122 DENTAL ASSOCIATION Cap. 22 1906 to practise dentistry or any association or school having like powers in the United Kingdom of Great Britain and Ireland, any graduate or member of any such school or association who passes the final examination prescribed for admission of students to practise shall be entitled to receive a certificate of license as afore- said. {Note. — This would appear to be repealed by c. 28, 1911-12, but there is obviously some omission.) (c) The board of directors shall have power to appoint one Holders of or more members of the association as representatives of thefc^^"**® association upon the Dominion Dental Council, and the board g°™°"°° shall, so long as represented on the said council, accept the certifi- Council cate of qualification of the said Dominion Dental Council as a^^^^ms qualification sufficient without further examination for the grant- ing to the holder thereof of a license to practise dentistry in the Province of Alberta, provided such certificate is accompanied by satisfactory evidence of the good moral character of the applicant. (d) If the certificate of the Dominion Dental Council of Canada issued to a practitioner who has procured a license under the provisions of this section is cancelled for any cause by the said council, the license of such practitioner to practise in Alberta shall be null and void and the board shall remove the name of such person from the register. 1911-12, c. 28, s. 5. 81. The board shall on receipt of a certificate from the Registrar ^^^^^^^^ of the University of Alberta, that the person to whom such certifi- to practise cate is issued is duly qualified to practise the profession of dentistry as herein provided, issue to such person a license to practise on payment by such person of the necessary registration fee: 1911-12, c. 28, s. 6. Provided, however, that no certificate oi- license shall be granted to any person who is under twenty-one years of age. 33. Every license issued imder the provisions of this Act shall License to be sealed with the corporate seal of the association and shall be^dsi^wd signed by the registrar and the production of a license purporting to be so sealed and signed shall be prima facie evidence of the issue and contents thereof. 1911-12, c. 28, s. 7. 33. {Repealed— 1911-12, c. 28, s. 8.) EXAMINATIONS. 33. (a) The examination of candidates for admission to study and for admission to practise the profession of dentistry in the Province of Alberta shall be imder the control of the University of Alberta, the examiners for this piurpose being appointed by the Senate of the University. 1911-12, c. 28, s. 8. (6) A candidate for admission to study shall be required to pass the matriculation examination in the Arts Faculty of the University of Alberta or to have an academic standing which in the opinion of the Senate of the University of Alberta is equivalent thereto. 1911-12, c. 28, s. 8. (c) Except as hereinafter provided every person before being permitted to practise shall be required to pass an examination in the subjects prescribed by the Senate of the University of Alberta. 1911-12, c. 28, s. 8; 1913 (2nd Session), c. 2, s. 29. {d) The examination of candidates for admission to study or to practise the profession of dentistry in the Province of Alberta 123 1906 Cap. 22 dental association shall be held twice a year, one between the 1st and 15th of May, and the other between the 15th and 30th of September, the exact dates to be fixed by the Senate of the University of Alberta from time to time. 1911-12, c. 28, s. 8. (e) Every person desirous of being examined whether for admission to study or to practice shall on or before the first day of April or on or before the fifteenth of August, according to the time the examination is to be held, pay to the Registrar of the University the required fees, and, in case of a candidate for admission to practice furnish him satisfactory evidence that his term of indentureship has been fulfilled, or of his right to take the examinations as provided in the next subsection, and also as to the applicant's integrity and good morals. 1911-12, c. 28, s. 8. (/) The following persons upon payment of the required fees shall be entitled to receive licenses to practise dentistry in the province from the board of directors of the said association, namely : Any person who is a graduate of any school or college of dentistry or a member of any dental association recognized by the Senate of the University of Alberta as hereinafter provided, and who produces sufiicient evidence of identity and passes the final examination prescribed for admission to practice. 1911-12, c. 28, s. 8; 1913 (1st Session), c. 9, s. 12. (g) The Senate of the University of Alberta may by resolu- tion set forth and declare the names of such schools, colleges and associations the graduates or members of which shall be entitled to receive hcenses as aforesaid, and may at any time by resolution recognize any other school, college or association, or rescind any former resolution recognizing any such school, college or associa- tion, and until such resolution is made by the Senate the schools, colleges or associations now recognized by law shall continue to be recognized by the University and by the board. 1911-12, c. 28, s. 8. Qi) On the passing of any examination by a candidate, or on the acceptance by the Senate of qualifications in heu thereof as herein provided, the Registrar of the University shall notify the Registrar of the Dental Association, who shall take the necessary action in connection therewith. 1911-12, c. 28, s. 8. 336. The board shall grant upon payment of the fees prescribed by the Act and an additional registration fee of $5.00 an interim license entitUng the person named therein to practise dentistry upon his producing a certificate from the Registrar of the Univer- sity showing that he is entitled to write upon the next examination of candidates for admission to practise; provided that such interim certificate shall only continue in force until the holding of the next ensuing examination for admission to practise unless the same be thereafter extended by the board for a further period not exceeding one year, which shall be done upon recommendation from the Senate of the University of Alberta. 1913 (2nd Session), c. 2, s. 29. BEGISTER — REGISTRATION FEES. Registration, 34. Evcry persou holding a valid and unforfeited certificate wh^ ^led °^ license to practise dentistry under the provisions of this Act, to and who on or before the second Monday of January in each year 124 DENTAL ASSOCIATION Cap. 22 1906 shall have paid to the registrar appointed by the said board the required registration fee, or who, having during the then current year obtained a certificate of license from said association to practise the profession of dentistry, forthwith pa,ys to the said registrar the required registration fee shall, subject to the other provisions of this Act be entitled to have his name entered in the register referred to in the next succeeding section of this Act; and a copy of such register, certified by the said registrar, shall be evi- dence in any court of justice in Alberta that the persons therein named are the members of the said association for the said year. 1911-12, c. 28, s. 9. 35. It shall be the duty of the registrar of the board, as nearly Re^ster to as possible in each year, to make a correct register, in the form * *''* in schedule A to this Act, of the names and addresses of all persons who may be entitled to registration under this Act as members of the said association for the then current year. 1911-12, c. 28, s. 10. 36. No person shall be entitled to have his name on the said Re^strar to register unless the registrar is satisfied by proper evidence that subjeot'to'* such person is entitled to be registered and any appeal from a^pp^^'i decision of the registrar shall be decided by the board of directors of said association. (2) (ftepeaZed— 1911-12, c. 28, s. 11.) 37. If it shall at any time be proved to the satisfaction of the Name said board that the name of any person has been improperly Ins^JS'i^ay inserted in the register for the year, such name may be erased b" ^''^^''-d therefrom by order of said board. 38. Upon any person being registered under this Act he shall Person be entitled to receive a certificate under the corporate seal of said m^ied'^ir) association and signed by the registrar, in the form in schedule "'"'''fi''^*'' B to this Act or to the like effect. 38a. No member of the association shall in the practice of the profession of dentistry and dental surgery use a.ny trade name or designation or corporate name or any distinguishing name for any premises in which he carries on the practice of his profession, but every such member shall, for all purposes in connection with his profession, use his own proper name. 1908, c. 20, s. 13; 1911-12, c. 28, s. 13. 38&. No company incorporated, registered or licensed under any of the Acts of the Province of Alberta regulating or respecting joint stock companies shall carry on or attempt or purport to carry on the practice of the profession of dentistry or dental surgery in the Province of Alberta, and no member of the associa- tion shall assist or enter the employ of any such company to carry on or attempt or purport to carry on such practice in any wise whatever. 38c. No member of the association shall publish, use or issue any advertisement, card, handbill, poster or sign calUng attention to any particular style or mode of work or stating fees for materials or services. 125 1906 Cap. 22 DENTAL ASSOCIATION list of licentiates to be seut to provincial secretary Note. — ^Any violations of any of the provisions of the three next preceding sections of this Act shall render the member offending liable to the penalties provided in section 32 of this Act. 1911-12, c. 28, s. 14. 39. The secretary of the said association shall, on or before the first day of February in each and every year, enclose to the Provincial Secretary a certified list of the names of all persons then registered as members of the said association for the then current year. WHO MAY practise. Only registered persons entitled to practise Onljr duly qualified practitioners entiUed to recover fees, etc. 30. All persons registered under this Act, and no others, shall be entitled to practise the profession of dentistry in the Province of Alberta, and no person shall be entitled to any of the privileges of a licentiate or member of the said association, or to practise the profession of dentistry, who is in default in respect of any fees payable by him by virtue of this Act. 31. No person shall be entitled to recover in any court of law for any professional services rendered or materials provided by him in the exercise of the profession of a dentist, unless he be a duly and legally qualified licentiate of dentistry and duly regis- tered under the provisions of this Act. FORFEITURE PENALTY. Persons not holding a prober • certificate forbidden to practise under a penalty 33. If any person not holding a valid certificate of license as aforesaid or not duly registered, shall practise within this province the said profession of dentistry, either pubhcly or privately, for hire, gain, or hope of reward, or shall voluntarily and falsely pretend to be a duly qualified licentiate of dentistry, or assume any title, addition or description implying or calculated to lead people to infer or believe him to be a duly qualified licentiate of dentistry, he shall be liable, upon conviction in a summary manner before any justice of the peace having jurisdiction where the offence is committed to penalty not exceeding two hundred dollars and not less than fifty dollars for the first offence, and for each and every subsequent offence to a penalty of four hundred dollars. Charges of misconduct against a licentiate 33. In case a charge is made against any licentiate of un- professional conduct, or other misconduct provided for by the by- laws passed or to be passed imder the provisions of any of said former Acts or this Act, the board of directors shall have power to hear and determine the same, and for this purpose to summon witnesses before them and administer an oath or affirmation to such witnesses; and if any licentiate shall be found guilty of the charge preferred against him he shall forfeit his certificate and title and the same shall be cancelled. Such forfeiture, however, may be annulled and the said license and all rights and privileges there- under fully renewed and restored by said board in such manner and upon such conditions and terms as the said board shall think fit: Provided, however, that nothing in this Act contained shall empower the said board to deal with any criminal or other offence provided for by law. 126 , DENTAL ASSOCIATION Cap. 22 1906 34. Any licentiate who shall be convicted of any malpractise Forfeiture ot shall forfeit his license and the same shall be cancelled; but themTbrLto board shall have power to restore the same if it shall think fit and proper, notice of such restoration to be given for two weeks in some local newspaper to be determined upon by the board. 35. All prosecutions under the provisions hereof may beSetee^whom brought and heard before any justice of the peace having jurisdic-may be tion where the offence is committed, and such justice of the peace ho^lenSy shall have power, in addition to the aforesaid penalty, to award '■^""■^^'^'^ payment of costs; and in case such penalty and costs be not paid forthwith after conviction he shall have power to issue a warrant of distress therefor against the goods and chattels of the party so c nvicted, and in default of distress to order imprisonment for any period not exceeding six months. 36. Any penalties imposed by this Act may be also proceeded Penai^^^ for and recovered by suit in any court of law having jurisdiction, recovered and one-half of all penalties recovered shall be paid into the general ^^ ™* revenue fund of the province and the remainder shall be paid to the treasurer of the said association and form part of the fimds of the association. Any person may be complainant or prosecutor : 1914, c. 2, s. 8. Provided always that every such prosecution shall be commenced within six months of the alleged offence. 37. In any such prosecution and trial the onus of proof as to onus of being a legally qualified Ucentiate of dentistry and a duly registered'"" member of said association is upon the person charged. 38. Nothing in this Act contained shall interfere with the Act not to privileges conferred upon physicians and surgeons by the vaidous'^th certain Acts relating to the practice of medicine and surgejy in thisPJj^^s^"' province; but in case a regular physician and surgeon shall desire aurgeona, ' to practise dentistry as a profession and to publicly avow himself as a practitioner of said profession of dentistry he shall first obtain a license from said board of directors by paying the necessary fees and passing an examination in operative and mechanical dentistry only. 39. Nothing in this Act shall prevent any duly indentured ajid a duly registered student of dentistry from receiving clinical instruction studraTLiy and practise under the personal supervision of a member of the f^^otions, said association. etc. MONEY — FEES. 40. All moneys forming part of the funds of the said association Treasurer to shall be paid to the treasurer and shall be applied to carry on the'^^^^Ji^^,^ objects of this Act. f™de 41. All fees that are now payable under the provisions of this Present fees Act and the Acts referred to in the third section of this Act and continued the by-laws of the said association shall continue to be payable until duly changed by the by-laws of the association pursuant to the proArisions of this Act. 127 1906 All niles.etc., continued Cap. 22 DENTAL ASSOCIATION FOEMEK BY-LAWS, ETC. 43. All rules, regulations and by-laws of the College of Dental Surgeons of the North-West Territories in force at the passing of this Act shall until the first meeting of the board of directors be the rules, regulations and by-laws of the said association. Form of register SCHEDULES. The following are the schedules referred to in this Act: SCHEDTTLB A. {Section 25.) BSGISTER. NAME KESIDENCE QUALIFICATION A.B. E.F. Edmonton Macleod Certificate of License, 15th March, 1895. Member of (Stating name of college or school and where situate). Schedule B. (Sectim 29.) I hereby certify that A.B., was on the day of , 19 . . . , duly registered as a member of The Alberta Dental Association, and is authorized to practise his said profession up to the 31st day of December, 19. . ., subject to the provisions of "The Dental Association Act." Corporate Seal {Signed), E.F., of the Association. Registrar of the Alberta Denial Association. 1906 CHAPTER 23. An Act respecting Steam Boilers. (Repealed and substituted — 1911-12, c. 9, s. 58.) 128 1906 CHAPTER 24. An Act respecting Real Property in the Province of Alberta. {Assented to May 9, 1906.) IJIS MAJESTY, by and with the advice and consent of the Preamble *^ Legislative Assembly of the ProAdnce of Alberta, enacts as follows: 1. This Act may be cited as "The Land Titles Ad." short title 3. (a) The expression "land" means lands, messuages, tene- interpretation ments, and hereditaments, corporeal and incorporeal', of every r-a°d nature and description, and every estate or interest therein, and whether such estate or interest is legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, ease- ments, mines, minerals, and quarries appertaining thereto, and all trees and timber thereon and thereunder lying or being, unless any such are specially expected. (&) The expression " owner " means any person or body corporate owner entitled to any freehold or other estate or interest m land, at law or in equity, in possession, in futurity or expectancy. (c) The expression "transfer" means the passing of any estate Transfer or interest in land under this Act, whether for valuable con- sideration or otherwise. (d) The expression "transferrer" means the person by whom Transferrer any interest or estate in land is transferred, whether for value or otherwise, and the expression "transferee" means the person Transferee to whom any interest or estate in land is transferred whether for value or otherwise. (e) The expression "mortgage" means any charge on land Mortgage created merely for securing a debt or loan. (/) The expression "mortgagee" means the owner of a mort- Mortgagee gage; and the expression "mortgagor" means the owner or Mortgagor transferrer of land, or of any estate or interest in land pledged as security for a debt or a loan. {g) The expression "encumbrance" means any charge on Encumbrance land created or effected for any purpose whatever, inclusive of mortgage, mechanics' liens, when authorized by Statute or Ordinance, and executions against lands, imless expressly dis- tinguished. Qi) The expression "encumbrancer" means the owner of any Encumbrancer land or of any estate or interest in land subject to any encum- brance; and the expression "enctmibrancee" means the owner ^°™"''™'"** of an encumbrance. [i) The expression "lunatic" means any person found by any Lunatic competent tribimal or commission de lunatico inquirendo, to be a lunatic. (i) The expression "person of 'unsound mind" means any Person of person not an infant who not having been found to be a lunatic SSy 129 1906 Cap. 24 BEAL PEOPERTT Instrument Register Registration Filing Memorandum Certiiicate of title Duplicate Registrar Territories Court Court of appeal Judge Trans- mission Grant Endorsed Endorsement Possession Affidavit has been found on like inquiry to be incapable, from infirmity of mind, of managing his own affairs. (k) The expression "instrument" means any grant, certificate of title, conveyance, assurance, deed, map, plan, will, probate or exemplification of will, letters of administration, or an exemplifi- cation thereof, mortgage or encumbrance, or any other document in writing relating to or affecting the transfer of or other dealing with land or evidencing title thereto. (I) The expression "register" means the register of titles to land kept in accordance with this Act. (m) The expression "registration" means (1) the bringing of lands under the provisions of this Act; and (2) the entering upon the certificate of title of a memorandimi authorized by this Act of any document; and "filing" means the entering in the day book of any instrument. (n) The expression "memorandiun" means the endorsement upon the certificate of title and on the duplicate copy thereof of the particulars of any instrimient presented for registration. (o) "Certificate of title" means the certificate (form E) granted by the registrar and entered and kept in the register; "duplicate" or "duphcate certificate" means the duplicate, delivered or issued to the person entitled thereto, of the certificate of title in the register. (p) The expression "registrar" means inspector of land titles offices, when acting as registrar, a registrar of titles, a deputy registrar or an assistant deputy registrar." (g) The expression "Territories" means the North-West Ter- ritories, the district of Keewatin and all other Territories of Canada. (r) The expression "court" means any court authorized to adjudicate in the province in civil matters in which the title to real estate is in question. (s) The expression "Court of Appeal" means the Court of Appeal herein constituted. (t) The expression "judge" means an official authorized in the province to adjudicate in civil matters in which the title to real estate is in question. (u) The expression "transmission" applies to change of own- ership consequent upon death, lunacy, sale under execution, order of court, or other act of law, sale for arrears of taxes or upon any settlement or any legal succession in case of intestacy. (v) The expression "grant" means any grant of Crown land, whether in fee or for years, and whether direct from His Majesty or pursuant to the provisions of any Statute. (w)_The expres^ons "endorsed" and "endorsement" apply to anything written upon any instrument or upon any paper attached thereto by the registrar. (a;) The expression "possession" when applied to persons claiming title to land means also alternatively the reception of the rents and profits thereof. (y) The expression "affidavit" includes an affirmation when made by a person entitled to affirm. Land , Registration- Districts North Alberta 3. For the purposes of this Act there shall be in the province two land registration districts, respectively known and described as follows: (1) "North Alberta Land Registration District," being composed of all that portion of the Province of Alberta 130 HEAL PEOPERTY Cap. 24 1906 which lies to the north of the ninth (9th) correction line. (2) "South Alberta Land Registration District," being composed of S""* Aiberta all that portion of the Province of Alberta which lies to the south of the ninth (9th) correction line. 4. The Lieutenant Governor in Council may, from time toProvMon time by proclamation, as the settlement of the country and the 'e^tratfon exigencies of the public service require, constitute any other dietricts portion of the province a land registration district and declare by what local name the same shall be known and designated, and may also change the boundaries of existing districts. (2) Whenever a new district has been constituted the registrar or registrars of the district or districts, from which the lands comprised in such new district have been detached, shall furnish to the said new district originals or certified copies of all registers, books or instruments, or of any certified copies of any registers, books or instruments in his office affecting lands which were in his district but are within the new district; and all such originals or certified copies shall, for all purposes, be of the same force and effect when deposited in the office of the new district as if they had been originally registered, deposited, filed or kept in that district. (3) After a new district has been constituted, until such time as an office has been provided within such new district, all docu- ments affecting lands within the new district may be filed, deposited, or registered in the office of the district from which the lands affected were detached and shall, for all purposes, be of the same force and effect as if filed, deposited, or registered in the office of the said new district. 5. The Lieutenant Governor in Coimcil may provide in each Construction, registration district at the public expense, and may thereafter registration maintain, in a proper state of repair, a building of stone or brick^ °®°™ or partly of brick and partly of stone, to serve as the office of the registrar, and as the place of deposit and preservation of registers and other record books, certificates, instruments and documents connected with the registration of titles; and may fit up the said office with such fire-proof safes and other secure places as are necessary. 6. In each registration district at such place as the Lieutenant Land titles Governor in Council determines there shall be an office to be called °*s™= the "Land Titles Office." 7. The Lieutenant Governor in Council may from time to inspector time appoint an inspector of land titles offices whose duties shall "y^""* *'*^^ be, under instructions from the Attorney General, to inspect the books and records of the several land titles offices, and to perform such other duties as he may be directed by the Attorney General to perform; and the said inspector may, in the discretion of the Attorney General, be directed to perform any duty which any registrar is empowered by this Act to perform; but no persons shall be appointed inspector of land titles offices unless he is when appo^ted a barrister, solicitor or advocate of at least three j'^ears' standing of one of the provinces of Canada. 131 1906 Registrars and their assistants Their appointment Qualification Appointment of assistant dei>uty registrars Cap. 24 REAL PROPERTY 8.. The business of each land titles office shall be conducted by ' an officer to be called "the registrar" appointed by the Lieutenant Governor in Council, with such assistants and clerks as are neces- sary, and as the Lieutenant Governor in Council from time to time appoints. (2) Every registrar now acting in the province imder the provisions of the Act of the Parliament of Canada known as The Land Titles Act, 1894, or hereafter to be appointed shall hold office during pleasure; but hereafter no person shall be appointed registrar unless he is a barrister, solicitor or advocate of at least three years' standing of one of the provinces of Canada. 9. (a.) The Lieutenant Governor in Council may from time to time appoint a deputy registrar and one or more assistant deputy registrars, who shall be known as first, second or third deputy registrar, or as the case may be, to assist a registrar under instructions from the latter and perform such duties as he shall from time to time assign to each of them. (6) The deputy re^strar may, in the event of illness or absence of the registrar, perform all the duties required by the Act to be done by the registrar; (c) In case of death, resignation or removal from office of the registrar, the deputy registrar shall do and perform all the duties of a registrar until another registrar is appointed. These fimotionaries attached to Attorney General's department Salaries, etc. Oath of office 10. The inspector of land titles offices, the registrars, deputy registrars, and other necessary officers shall be attached to the Attorney General's department, and be under the control of the Attorney General, and their salaries, and such incidental expenses of carrying on this Act as are sanctioned by this Act or by the Lieutenant Governor in Council shall be paid out of moneys pro- vided by the Legislative Assembly for that purpose. . 11. The inspector of land titles offices and every registrar, deputy registrar and assistant deputy registrar before he enters upon the execution of his office shall take before some judge or stipendiary magistrate in the province the oath of office in the form A in the schedule to this Act. Security to be furnished Bond to be in duplicate 13. Before the inspector of land titles offices or any registrar or deputy registrar or assistant deputy registrar is sworn into office he shall furnish to His Majesty secmrity in a penal sum of not less than one thousand dollars for the true and faithful perform- ance by the said inspector of land titles offices, registrar or deputy registrar or assistant deputy registrar, of his duty in respect of all things directed to be done by or required of the said inspector of land titles offices, re^strar,. or deputy registrar or assistant deputy registrar, respectively, by this Act to any law in that behalf; and the said security shall, in the discretion of the Attorney General, be either a joint and several bond of the inspector of land titles offices, registrar or deputy registrar or assistant deputy registrar, as the case may be, and of two sureties, or a guarantee bond of a guarantee company duly approved by the Lieutenant Governor in Council. (2) Such bond or guarantee shall be in duplicate and shall be subject to the approval of the Lieutenant Governor in Council. 132 EEAL PROPERTY Cap. 24 1906 13. When the security to be so furnished is the joint and several Form of bond of the inspector of land titles offices, registrar or deputy °° registrar or assistant deputy registrar, as the case may be, and two sureties, the same shall be executed under the hands and seals of the obligors in the form B in the schedule to this Act, and the sureties shall justify under oath in the form C in the said^^^j"* schedule; and the execution of the said bond shall be duly verified by the affidavit of a subscribing witness in the form D in the said schedule; and with the affidavits appended shall then be ^^^^^^5^ ^j forthwith transmitted to the Provincial Secretary to be filed in bond his office. 14. The inspector of land titles offices and any registrar or Further deputy registrar or assistant deputy registrar shall when required ^^he by the Attorney General furnish such further or other security "9""^^ as is deemed expedient. 15. Each registrar shall have a seal of office, approved by the ^^l^' Lieutenant Governor in Council, with which he shall seal all certificates of title, and he shall stamp all instruments which are presented to him for registration, showing the day, hour and minute of receiving the same. 16. The inspector of land titles offices or any registrar or deputy ^tomistr^^ registrar or assistant deputy registrar ■within the district to which respeetmg he is appointed may administer any oath or take any affirma,tion '° '^""^ or declaration in lieu of an oath respecting titles to land from anyone entitled by law to affirm or declare. 17. Every registrar shall when required furnish under seal co^es^Mid exemplifications, copies and abstracts of any instruments affecting inatnunents lands which are deposited, filed or registered in his office, and every such exemplification or certified copy shall be received as evidence in the same manner and with the same effect as if the original was produced. (2) Every registrar shall when requested furnish under seal an abstract in form EE, showing in whose name any parcel of land stands, the number of the certificate of title and the instru- ments registered against the said land. (3) Every registrar shall when requested furnish a general ^^^SSi registrar's certificate under seal in form FF. abstract 18. Neither the inspector of land titles offices, nor any registrar, 9®f " ""* deputy registrar or assista;nt deputy registrar or clerk in a^iybeagento land titles office shall directly or indirectly act as the agent of any person investing money and taking securities on land within any registration district, nor shall the inspector of land titles offices, nor any registrar, deputy registrar or clerk advise, for any fee or jjor carry on reward or otherwise, upon titles to land, nor practise as a convey- a°y.otJier ancer, nor shall be carry on or transact within the land titles t^offio* office any business or occupation whatever other than his duties as such inspector, registrar, deputy registrar or clerk. 19. Every land titles office shall be kept open on all days office days (except Sundays and legal holidays) between the hours of ten "■'"^ •»°"" o'clock in the forenoon and four o'clock in the afternoon, except 133 1906 Cap. 24 EEAL PROPERTY Keeping of day book Registration only on production of a certificate of title Exceptions Keeping of register When registration shall be deemed to be effected Priority of registered instruments on Saturdays, when the said offices shall be closed at one o'clock in the afternoon during which times either the registrar or his deputy registrar shall be in attendance. 30. The registrar shall keep a book or books which shall be called the "day book," and in which shall be entered by a short description every instrument relating to lands for which a certifi- cate of title has issued or been applied for which is given in for registration, with the day, hour and minute of its so being given in; and for purposes of priority between mortgagees, transferees and others the time so entered shall be taken as the time of regis- tration; and the registrar in entering memoranda upon the certificate of title embodied in the register and in endorsing a memorandum upon the duplicate shall take the time from the day book as the time of the registration. (2) Unless required so to do by order of a court or a judge the registrar shall not receive or enter in the day book any instru- ment until the duplicate certificate of title for the lands affected is produced to him so as to enable him to enter the proper mem- orandum on such duplicate certificate, except executions against lands, caveats, mechanics' liens, transfers by a sheriff or municipal officer, or by order of a court or a judge, transfers on sales of lands for, taxes, maps or plans which do not require to be registered, or certificates or orders of a court or a judge, and except a mortgage or other encumbrance created by any person rightfully in possession of land prior to the issue of the grant from the Crown, or prior to the issue of transfer from the Hudson's Bay Company or from any company entitled to a grant of such lands from the Crown or to which letters patent from the Crown for such mortgaged lands have already issued, if there is produced to and left with the registrar, with the mortgiage an affidavit made by the mortgagor in the form P in the schedule to this Act, and also in the case of lands mortgaged prior to the issue of transfer from the Hudson's Bay Company or other company as aforesaid a certificate from the land commissioner or other proper officer of such company that the purchase price of such mortgaged lands has been paid and that the applicant is entitled to a transfer in fee simple thereof from such company. 31. The registrar shall also keep a book or books which shall be called the "register" and shall enter therein all certificates of title, which shall be in the form E, shall constitute a separate folio of such book, and the registrar shall record therein the particulars of all instruments, dealings and other matters by this Act required to be registered or entered in the register and affecting the land included in such certificate of title. 33. Every grant shall be deemed and taken to be registered under the provisions and for the purposes of this Act so soon as the same has been marked by the registrar -with the folio and volume on and in which it is embodied in the register, and every other instrument shall be deemed to be registered as soon as a memorandum of it has been entered in the register upon the folio constituted by the existing grant or certificate of title of such land. 33. Instruments registered in respect of or affecting the same land shall be entitled to priority the one over the other according 134 REAL PROPERTY Cap. 24 1906 to the time of registration and not according to the date of execu- Operation ot tion; and the registrar, upon registration thereof, shall retain theSSraments same in his office, and so soon as registered every instrument shall become operative according to the tenor and intent thereof, and shall thereupon create, transfer, surrender, charge or discharge, as the case may be, the land or the estate or interest therein mentioned in the instrument. 84. Every memorandum entered in the register shall state the Details to be nature of the instrument to which such memorandum relates, the SlS^rSidum day, the hour and the minute of its registration, and the names of the parties thereto, and shall refer by number or symbol to such instrument, and shall be signed by the registrar. 35. Whenever a memorandum has been entered in the register Memorandum the registrar shall make a like memorandum upon the duphcatej^^^to when the same is presented to him for the purpose, and the»i«> registrar shall sign and seal such memorandum, which shall be received in all courts of law as conclusive evidence of its contents and that the instrument of which it is a memorandum has been duly registered imder the provisions of this Act. 36. Whenever any land is granted in the province by the ^^f^t^at'o" Crown and the letters patent thetefor have been forwarded fromm^eby the office whence the same are issued to the registrar of the '****" p***"* registration district in which the land so granted is situated, the ^ -ifi te registrar shall retain the letters patent in his office; and a certi- ot^titie"* cate of title, as provided by this Act, with any necessary qualifica- tions shall be granted to the patentee: Provided that in no case shall a first or subsequent certificate of title issue for more than fifty lots or for lots in more than one subdivision or for unsubdivided lands which are not contiguous, .or which contain more than six hundred and forty acres. (2) Where a person has obtained a patent under a homestead ^atfe™ or under a homestead and pre-emption entry or imder half-breed ^y be '^™ land scrip or military bounty land scrip in accordance with the^^^;^^ Act of Parhament of Canada known as The Dominion Lands Act, of certificate iind amendments thereto, a dupUcate of such certificate of title shall he issued to such party free of all fees and charges by this Act provided to be paid and in the case of other patentees such duplicate certificate of title shall be issued upon the payment of such fees as are fixed or may from time to time be fixed by the Lieutenant Governor in Council. (3) The notification to the Hudson's Bay Company by the Hudson's JMlinister of the Interior under the provisions of The Dominioni,^ ompany Lands Act of the survey and confirmation of the survey of any township or part of a township shall be accepted by a registrar as offidai -equivalent to and dealt with by him in all respects in the same?? the m^any manner as if the said notification were letters patent to and inf^ljljg'pajj,^" favour of the said company granting to the said company in fee simple the sections or portions of sections to which they are entitled in such townships or parts of townships under the pro- visions of The Dominion Lands Act. (4) A notification to the registrar from the Minister of the notifications Interior of Canada that the land described therein has been granted Sfwa'^om- to the Canadian Pacific Railway Company or to any other railway §^^^^°^''^ IQR as if letters ■■•^^ patent 1906 Cap. 24 REAL PROPERTY Registration of estate for life or for more than three years Notification by the Government of the province to be equiva- lent to letters patent By-law expropriating land may be registered company entitled to Dominion lands under authority of an Act of the Parliament of Canada shall be accepted by the registrar and dealt with by him in all respects as if the same were letters patent in favour of such company. (5) The owner of any estate leased or demised to him or to the person from whom he claims a title, for a life, or for lives, or for a term of more than three years, in any land for which the grant from the Crown has been registered, may apply to have his title registered and to have a certificate of title issued to him therefor under the provisions of this Act. (6) A notification received by the registrar from the Minister of PubUc Works of the abandomnent by the Crown of any roads or road allowances or trails which now are or which may hereafter be vested in the Crown in the right of the province, shall have the same effect as a patent issued by the Crown to the person in such notification mentioned as transferee and shall be so treated by the registrar. The notification shall state the nature of the grant and shall specify any mines, minerals, easements or rights which are excepted therefrom. (7) In case any land is expropriated or any street or portion of a street is closed by by-law of any municipality pursuant to any Ordinance of the Territories or Act of the Legislature of Alberta, a judge of the Supreme Court may direct that such by-law be registered in the land titles office for the land registration district in which the land or the street or portion of a street affected lies, and upon the by-law being registered the registrar upon payment of the proper fees shall give a certificate of title to the municipality for the land expropriated or the land comprised in the street or portion of the street closed by the by-law; provided that the judge before directing the registration of any such by-law may direct notice of the application of the municipality to be given to such persons as he deems interested therein. (8) A certified copy of an order in council passed by the Dominion Government, or other notification that the land therein described in such order in council or notification has been granted to the province, shall have and be of the same effect as a patent issued by the Crown and shall be so treated by the registrar. 1913 (2nd Session), c. 2, s. 9. Re^stration of title to land already granted Registration of title Fees 21. The owner of any estate or interest in any land whether legal or equitable, letters patent for which issued from the Crown before the first of January, one thousand eight hundred and eighty-seven, or which otherwise had prior to that date passed from the Crown, may apply to have his title registered under the provisions of this Act. (2) If ^t the time of the grant of the certificate of title there are no registered encmnbrances or conveyances affecting such land, the certificate may be granted to the patentee upon payment of such fees as are fixed in that behalf by tariff made from time to time by the Lieutenant Governor in Council, but no fees shall be payable therefor under the provisions of section one hundred and seventeen of this Act. Application for regis-, tration form 38. The application therefor shall be made in writing in the form F in the schedule to this Act to the registrar of the registra- 136 REAL PEOPEETY Cap. 24 1906 tion district in which the land is situated; shall be verified by the affidavit in the form G in the schedule to this Act of the applicant or some one on his behalf and shall be accompanied by — (a) AH deeds in possession of the applicant, if any;- _ S°be?rod^oed (6) A certificate showing all registrations affecting the title, down to the time when such application is filed, with copies of any registered documents the original whereof he is unable to produce; (c) A certificate from the sheriff showing that there is no execution in his hands against the applicant's lands; (2) But in no case shall it be necessary for any applicant to ^es ^^^^^"^ produce copies of any documents imder the foregoing provisions need^ot be of this section if the originals of such documents are of record at p^xi^^d the time when the application is made, in the office of the registrar ^^ to whom the application is made; provided that it shall not beg"^^;^ necessary for the Hudson's Bay Company, in the case of any lands Bay Com- the title of which has passed to that company before the first day ^°^ of January, one thousand eight hundred and eighty-seven, either by notification made under the provisions of subclause seven of clause twenty-two of The Dominion Lands Act, or by letters patent issued thereunder prior to that date to produce to the registrar any of the certificates mentioned in this section, if the application is accompanied by an affidavit, to be made by any officer of the company approved by the Attorney General, in the form H in the schedule of this Act. (3) For the purpose of such application all transfers of landTranB/era executed in the manner in which transfers are required to be™° executed under this Act shall be taken to be effectual to vest the title to such land in the transferee therein mentioned. 39. Upon the filing of such application, if the applicant is the Delivery of original grantee of the Crown of the land and no deed, transfer, tMe .when" mortgage or other encumbrance or instrument or caveat affecting *fP^^^1^| the title thereto appears to have been recorded, or if not the original grantee grantee, all the original title deeds are produced and no person other than the applicant is in actual possession of the land and no caveat has been registered, the registrar if he entertains no doubt as to the title of the applicant shall grant a certificate of title as hereinafter provided. (2) If there is any mortgage or encumbrance against the land °^^;i^^^„°* at the date of the said application, the filing with the registrar of encumbrance the original mortgage or the instrument creating the encimabrance or a copy of such mortgage or instrument having endorsed thereon or attached thereto a receipt for the payment of the amount thereby secured signed by the mortgagee or encumbrancee, attested by an affidavit of the witness, shall operate as a discharge of the security created by such mortgage or encumbrance. (3) Such receipt may be in form I in the schedule to this Act. reo^t'* (4) If any person other than the applicant is admitted or Conditions appears to be interested in the land, then if such interest is byd^^Syo" virtue of a mortgage, encumbrance, lease, or charge created by any °?^.f^°' other instrument and the instrument is at the time of the appli- other person cation of record in the office of the registrar to whom the appli- appHoant is cation is made, or, if not of record, the instrument is produced ™*«™^'^'i to the registrar, and if the applicant desires to have his title 137 1906 Cap. 24 REAL PHOPERTY When the interested party con- sents registered, subject to the interest of such other person, the registrar, if he entertains no doubt as to the extent and nature of such interest or of the title of the applicant may register the title and grant a certificate of title and issue a dupUcate certificate of title subject to such interest. (5) In any case where the person who is admitted or appears to be interested in land is a consenting party to an application, the registrar may, if he entertains no doubt as to the title of the applicant, grant a certificate of title, subject to the terms of the consent, provided that the consent shall be in writing by the consenting party in presence of a witness and attested in the manner provided for by this Act. Other cases to be referred to judge 30. In all cases other than those provided for in the last pre- ceding section, the registrar shall forthwith, having given the applicant a certificate of the filing of his application, transmit the application, with all evidence supplied, to the judge to be dealt with as hereinafter mentioned. Judge to examine documents and hear the parties Judge's powers 31. The judge shall examine, without delay, all titles which are submitted to him, and for such purposes shall when necessary hear all persons interested and shall hear and consider the claims as against the applicant of any person who is in possession of the land; and he shall have and exercise all the powers for compelling the attendance of persons and the production of documents which usually appertain to courts of civil justice and the judges thereof in civil actions brought therein. Filing of adverse claims 32. Any person having an adverse claim or a claim not recognized in the application for registration may at any time before the judge has approved of the applicant's title file with the registrar a short statement of his claim, verified by afiidavit, and shall serve a copy thereof on the applicant, his advocate or agent. Their examination 33. If any adverse claim is filed the judge shall proceed to examine into and adjudicate thereon, and no certificate of title shall be granted until such adverse claim has been disposed of. Judge may direct publication of notice of application Delay 34. In any case before him the judge may direct that notice of the application be published in some newspaper or newspapers in such form and for such period as the judge thinks expedient and no order for registration shall be granted by him until after the expiration of at least four weeks from the first publication of the notice, if he has directed the same to be published. Registration to be ordered if title sufficient 35. The judge if satisfied with the applicant's title shall there- upon make an order directing the registrar, after the expiration of four weeks from the date thereof, unless in the meantime the order is appealed from, to register the same. Duplicate to be delivered to owner 36. After registration of a title the registrar upon appHcation by the owner or his duly authorized agent shall make out, sign, officially seal and deliver to him a duplicate of the certificate of title in the register on which shall be entered all memoranda endorsed on or attached to the certificate of title. 138 REAL PROPERTY Cap. 24 1906 37. Upon every transfer of land mentioned in a certificate of Certificate title the certificate of title to be granted shall be granted by theSJS'Sent registrar and a duplicate shall be issued to the transferee on*''='°sf«'' application. 38. Every owner or mortgagee of any land for which a certifi-OwnCTor^ cate of title has been granted shall deliver to the registrar atogivepost memorandum in writing of some post ofiice address within the ?f registrar" province to which it shall be sufficient to mail all notices that under this Act are required to be sent to an owner or mortgagee; and every owner or mortgagee shall from time to time in like manner notify the registrar of any change in his address; and every owner shall, if required by the registrar to do so, before the Receipt to delivery of any duplicate, sign a receipt therefor in his own hand-o^^"'"' writing or otherwise furnish the registrar with his signature so as to prevent personation as far as possible: Provided that the registrar may proceed without such memo-i'™™o randum of address. 39. Every certificate of title shall be made on a separate folio §°„gj|f^P' of the register, and upon every transfer of ownership the certificate catw are' of title of the transferrer and the duplicate thereof shall be*°t^3™*^* cancelled and the certificate of title of the transferee shall thereupon agister be entered upon a new folio in the register; and the registrar shall note upon the folio of the title of the transferrer the number of the folio of the transferee's title and upon that of the transferee the number of the folio of the transferrer so that reference can be readily made from one to the other as occasion requires. EFFECT OP REGISTRATION. 40. In every instrument transferring, encumbering, or charging Covenanta any land for which a certificate of title has been granted, there Site^eSts shall be implied the following covenant by the transferrer or[|J^»^8*° encumbrancer, that is to say: That the transferrer or encumbran- cer will do such acts and excute such instruments as in accordance with the provisions of this Act are necessary to give effect to all covenants, conditions and purposes expressly set forth in such instrument or by this Act declared to be implied against such person in instruments of a like nature. 41. After a certificate of title has been granted for any land, no um-egiBtered instrument until registered under this Act shall be effectual to passSeTuS*^ any estate or interest in any land (except a leasehold interest for*''^''^^^" three years or for a less period) or render such land liable as security for the payment of money; but upon the registration of Effect of any instrument in the manner hereinbefore prescribed the estate ''°^^*™*'°" or interest specified therein shall pass, or, as the case may be, the land shall become liable as security in manner and subject to the covenants, conditions and contingencies set forth and specified in such instrument or by this Act declared to be implied in instru- ments of a like nature. 43. The owner of land for which a certificate of title has been Land granted shall hold the same subject (in addition to the incidents ly^obi^^'^'' implied by virtue of this Act) to such encumbrances, liens, estates t^o" notified or interests as' are notified on the folio of the register which '"' °*'*'^°''** 139 1906 Cap. 24 REAL PKOPEHTY Exceptions Computation of pnority constitutes the certificate of title absolutely free from all other encumbrances, liens, estates or interests whatsoever, except in case of fraud wherein he has participated or colluded and except the estate or interest of an owner claiming the same land under a prior certificate of title granted under the provisions of this Act or granted under any law heretofore in force relating to title to real property. (2) Such priority shall, in favour of any person in possession of land, be computed with reference to the grant or earliest certificate of title under which he or any person through whom he derives title has held such possession. Implied conditions Reservations Municipal taxes, etc. Public easements Xieases under three years Registered decrees, etc. Right of ex- propriation Easement 43. The land mentioned in any certificate of title granted under this Act shall by implication and without any special mention therein, unless the contrary is expressly declared, be subject to — (a) Any subsisting reservations or exceptions contained in the original grant of the land from the Crown; (b) All unpaid taxes; (c) Any public highway or right-of-way or other public easement, howsoever created upon, over or in respect of the land; (d) Any subsisting lease or agreement for a lease for a period not exceeding three years, where there is actual occupa- tion of the land under the same: (e) Any decrees, orders or executions against or affecting the interest of the owner of the land which have been regis- tered and maintained in force against the owner; (/) Any right of expropriation which may by Statute or Ordinance be. vested in any person, body corporate, or His Majesty; (g) Any right-of-way or other easement granted or acquired under the provisions of any Act or law in force in the province. Certificate to be conclusive evidence of title Exceptions Holders of prior certificate 44. Every certificate of title granted under this Act shall (except in case of fraud wherein the owner has participated or colluded) so long as the same remains in force and uncancelled under this Act be conclusive evidence in all courts as against His Majesty and all persons whomsoever that the person named therein is entitled to the land included in the same, for the estate or interest therein specified, subject to the exceptions and reservations mentioned in the next preceding section, except so far as regards any portion of land by wrong description of boundaries or parcels included in such certificate of title and except as against any person claiming under a prior certificate of title granted under this Act or granted under any law heretofore in force relating to titles to real property in respect of the same land; and for the purpose of this section that person shall be deemed to claim under a prior certificate of title who is holder of or whose claim is derived directly or indirectly from the person who was the holder of the earliest certificate of title granted, notwithstanding that such certificate of title has been surrendered and a new certificate of title has been granted upon any transfer or other instrument. 140 REAL PKOPEKTY Cap. 24 1906 45. A purchaser, mortgagee or encumbrancee for valuable Omission to consideration shall not be affected by the omission to send any °™'^ '"'*'''* notice by this Act directed to be given or by the nonreceipt thereof. 46. After the certificate of title for any land has been granted J^^e'SIS^ no instrument shall be effectual to pass any interest therein or to tuai must be render the land liable as security for the payment of money asSit^iith against any bona fide transferee of the land under this Act unless t"*'^ ■*"' such instrument is executed in accordance with the provisions of this Act and is duly registered thereunder; and the registrar shall have power to decide whether any instrument which is presented to him for registration is substantially in conformity with the proper form in the schedule to this Act or not and to reject any instru- ment which he may decide for any reason to be unfit for registration. 47. No memorandum or entry shall be made upon a certificate No trust to of title or upon the duplicate thereof of any notice of trusts, '""■°*'"*'*^ whether expressed, implied or constructive; but the registrar shall treat any instrument containing any such notice as if there was no trust; and the trustee or trustees therein named shall be deemed to be the absolute and beneficial owners of the land for the purposes of this Act. TRANSFERS. 48. When land for which a certificate of title has been granted f"^'", °' is intended to be transferred, or any right-of-way or other easement is intended to be created or transferred, the owner may execute a transfer in the form J in the schedule to this Act, which transfer Jl'J^fg?' shall, for description of the land intended to be dealt with, refer to the certificate of title of the land or shall give such description as is sufiicient to identify the same and shall contain an accurate statement of the estate, interest or easement intended to be trans- ferred or created and a memorandum of each lease, mortgage and other encumbrance to which the land is subject. 49. Whenever an easement or any incorporeal right in or over Easements to any land for which a certificate of title has been granted is created J^^™^g^^ for the purpose of being annexed to or used and enjoyed together ficate with other land for which a certificate of title has also been granted, the registrar shall make a memorandum of the interest creating such easement or incorporeal right upon the folio of the register which constitutes the existing certificates of title of such other land and upon the duplicate thereof. 50. If a transfer purports to transfer the transferrer's interest ceUvery and in the whole or part of the land mentioned in any certificate p^ti^'can- of title, the transferrer shall deliver up the duplicate certificate of °|^™°* title of the land and the registrar shall make a memorandum thereon and upon the certificate of title in the register cancelling the same, either wholly or partially according as the transfer purports to transfer the whole or part only of the interest of the transferrer in the said land, and setting forth the particulars of the transfer. 141 1906 Cap. 24 REAL PROPERTY Issue of new certificate Registrar to retain cancellation certificate Partially cancelled certificates Covenants to be implied, in transfer Preparation of plans 51. The registrar, upon cancelling any certificate of title either wholly or partially, 'pursuant to any transfer, shall grant to the transferee a certificate of title of the land mentioned in the transfer and issue to the transferee a duplicate thereof; and the registrar shall retain every transfer and cancelled duplicate certificate of title; but in the case of a partially cancelled certificate of title the registrar shall return the duplicate to the transferrer after the memorandum partially cancelling the same has been made thereon and upon the certificate of title in the register; or may whenever required thereto by the owner of an imsold portion of land in any partially cancelled certificate of title, or where such a course appears to the registrar more expedient, grant to such owner a certificate of title for such portion of which he is the owner, upon the delivery of the partially cancelled duplicate certificate of title to the registrar to be cancelled and retained. 53. In every instrument transferring land, for which a certi- ficate of title has been granted, subject to mortgage or encum- brance, there shall be implied the following covenant by the transferee both with the transferrer and the mortgagee, that is to say: That the transferee will pay the principal money, interest, annuity or rent charge secured by the mortgage or encumbrance, after the rate and at the time specified in the instrument creating the same, and will indemnify and keep harmless the transferrer from and against the principal sum or other moneys secured by such instrument and from and against the liabihty in respect of any of the covenants therein contained or imder this Act implied, on the part of the transferrer. 53. The registrar may require the owner of any land within his registration district desiring to transfer or otherwise deal with the same under the provisions of this Act to have the same sur- veyed by an Alberta land surveyor and to furnish to the registrar a plan of such survey made on tracing linen in black India ink, having the several measurements made thereon, and prepared upon one of the following scales: (a) If the land proposed to be transferred or dealt with is of less area than one acre, then the map or plan shall be on a scale not less than one inch to two chains; (6) If the land is of greater area than one acre, but not exceeding five acres, then the map or plan shall be on a scale not less than one inch to five chains; (c) If the land is of greater area than five acres, but not exceeding eighty acres, then the map or plan shall be on a scale not less than one inch to ten chains. (2) The plan shall be signed by the owner and certified by the Alberta land surveyor who made the survey represented by such plan in the form CC in the schedule to this Act, and the signatiu-e of both owner and surveyor shall be witnessed and attested in the manner hereinafter provided for the attestation of all instruments. (3) The plan shall show aU the original boimdaries of the section, settlement lot or surveyed parcel of land of which the land desired to be dealt with is a part, with all angular and lineal measmrements thereof and all information as to the original monuments found on the ground which are necessary to establish 142 REAL PBOPEHTY Cap. 24 1906 the true position of such boimdaries; provided, however, that if, in the opinion of the surveyor to the land titles office, it is not necessary to show all the said original .boundaries in order to clearly determine the accurate position of the land desired to be dealt with, it shall be sufficient to show only such information in regard to said boundaries as he may determine to be necessary. (4) If the owner neglects or refuses to comply with the require- ments aforesaid the registrar shall not proceed with the registra- tion of the transfer or other instrument until the requirements are complied with. (5) Any plan which has been prepared in accordance with the provisions of any Act of the Parliament of Canada from time to time known as The Railway Act or of any other Act of the Parliament of Canada, and which has been lodged or filed with the registrar under or in accordance with the said provisions shall be dealt with and recognized by him in so far as it i^ capable of being dealt with and recognized, as if it had been prepared and filed or registered tmder and in accordance with the provisions of this Act. (6) Any map or plan attested by the signature of the Super- intendent General of Indian Affairs or his deputy and certified by a Dominion land surveyor to be a true copy of a plan of survey lodged or filed in the Department of Indian Affairs, of lands described as "Indian Lands" in the Act of the Parliament of Canada known as The Indian Act, shall be dealt with and recog- nized in accordance with the provisions of this section by the registrar of the land registration district in which the said lands are situated when the said map or plan has been lodged or filed with him, notwithstanding that The Indian Act does not expressly authorize the said map or plan to be so lodged or filed. 53a. All railway corporations shall deposit with the registrar Baiiway of the land registration district within which such lands are'"'*" situated plans in duplicate of the land required for their right-of- way and station grounds, or for any other railway purpose, before being granted certificates of title therefor, and such plan shall be in accordance with the following provisions: (a) The plan shall be made on tracing linen in black India ink and vermilion red, and certified by a Dominion land surveyor in the form HH or by an Alberta land surveyor in the form CC in the schedule to this Act, according as the land dealt with is Dominion or patented land, and the signature of such surveyor shall be duly witnessed and attested in the manner provided for the attestation of instruments to be registered imder this Act; (6) The area taken from each quarter section, settlement lot, or parcel of land, as the case may be, shall be shown on the plan; (c) The original boundaries of sections, settlement lots and parcels of land, together with the information as to monuments, on which the position of such lines was determined by the sur- veyor on the ground shall be shown on the plan; and a sufficient number of angular and lineal measurements to define the limits •of the land taken for the right-of-way of such railway and to show their connection with each such original boundary shall ■also be shown; 143 1906 Cap. 24 REAL PROPERTY (d) The land required for right-of-way shall be defined on the ground by iron posts placed on the southerly or westerly limit thereof, and such posts shall be placed at every change of direction of said limit and at the intersection of said limit with the southerly or westerly boundary of each road allowance or, where there is no road allowance, of each section, settlement lot or other surveyed parcel, whenever for any reason it is not possible to place such posts on the southerly or westerly limit of a right-of-way they shall be placed on the northerly or easterly Umit thereof, and the plan shall show the location of these posts and, in the case of those placed on section, settlement lot or other land boundaries, the distance meastu-ed along such boimdary from such posts to the nearest monument or post on such boiindary; (e) When the location of the railway is through land which has been subdivided and of which a plan has been registered xmder section 124 of this Act, the railway plan must show distinctly, as to all allotments taken in whole or in part for the right-of-way or station grounds or for any other railway purpose, the lines of such allotments according to such registered plan, and a sufficient number of angular and linear measurements to show the location and connection of the part required by the railway with the external boimdaries of each allotment; (/) The plan shall show the land required for right-of-way, station grounds, or other railway purposes coloured red; (g) Notwithstanding anything in this section the registrar may accept transfers of land required for right-of-way and station grounds referring to any plan prepared prior to the first day of January, 1911, and signed by a Dominion land surveyor, or prepared subsequently to the said first day of January, 1911, and signed by an Alberta land surveyor, filed in his office on or before the first day of March, 1912, pursuant to The Railway Act of Canada, or The Railway Act, being chapter 8 of the Statutes of Alberta, 1907, if in his opinion the lands to be trans- ferred are clearly and sufficiently defined and the centre line properly tied into the land boxmdaries of the section or other parcel of land, and all information and measurements necessary to locate the said lands upon the ground are shown upon the said plan. LEASES. Form of lease for more than 3 years Stifiulation of right to purchase Obligation of lessor in such case Proviso as to le^e of mortgaged land 54. When any land for which a certificate of title has been granted is intended to be leased or demised for a life or lives, or for a term of more than three years, the owner shall execute a lease in the form K in the schedule to this Act, and every such instrument shall, for description of the land intended to be dealt with, refer to the certificate of title of the land, or shall give such other description as is necessary to identify the land; and a right for the lessee to purchase the land therein described may be stipulated in the instrument; and in case the lessee pays the purchase money stipulated, and otherwise observes his covenants expressed and implied in the instrument, the lessor shall be bound to execute a transfer to such lessee of the land, and to perform all necessary acts by this Act prescribed for the p\irpose of trans- ferring the land to the purchaser: Provided always that no such lease of mortgaged or encum- bered land shall be valid and binding against the mortgagee or 144 HEAL PKOPEKTY Cap. 24 1906 encumbrancee unless the mortgagee or encumbrancee has con- sented to the lease prior to the same being registered, or subse- quently adopts the same. 55. In every such lease, unless a contrary intention appears Covenants therein, there shall be implied the following covenants by thel^^e^ '° lessee, that is to say: (a) That he will pay the rent thereby reserved at the times Payment of therein mentioned, and all rates and taxes which may be payable It^lg"^ in respect of the demised land during the continuance of the lease; (b) That he will at all times during the continuance of the Maintenance lease keep and at the termination thereof yield up the demised *'"' '■^p*'" land in good and tenantable repair, accidents and damage to buildings from fire, storm and tempest or other casualty and reasonable wear and tear excepted. 56. In every such lease unless a different intention appears impUed therein there shall also be impUed the following powers in thef^'^^™"' lessor, that is to say: (a) That he may, by himself or his agents, enter upon the Entry and demised lands and view the state of repair thereof, and may™'" serve upon the lessee, or leave at his last or usual place of abode, or upon the demised land, a notice in writing of any defect, re- quiring him within a reasonable time, to be therein mentioned, to repair the same, in so far as the tenant is bound to do so; (6) That in case the rent or any part thereof is in arrear f or Ke-entry on the space of two calendar months, or in case default is made p^J^n^'of in the fulfilment of any covenant, whether expressed or implied r™t, etc. in such lease, on the part of the lessee, and is continued for the space of two calendar months, or in case the repairs required by such notice, as aforesaid, are not completed within the time therein specified, the lessor may enter upon and take possession of the demised land. 57. In any such case the registrar, upon proof to his satisfac- Registrar's tion of lawful re-entry and recovery of possession by a lessor, or of're-mtiy ^ his transferee by a legal proceeding, shall make a memorandum of the same upon the certificate or title and upon the duplicate thereof when presented to him for that purpose, and the estate of the lessee in such land shall thereupon determine, but with- out releasing the lessee from his liability in respect of the breach of any covenant in the lease, expressed or implied, and the registrar shall cancel the lease if delivered up to him for that purpose. ^/'£°^'^**^™ 58. Whenever in any lease made under this Act the forms Covenants of words in column one of the form L in the schedule to this i^se under Act, and distinguished by any number therein, are used the lease *'"^ ^"^ shall be taken to have the same effect and be construed as if there had been inserted therein the form of words contained in column two of the said form and distinguished by the same number; and every such form shall be deemed a covenant by the coven- antor with the covenantee and his transferees, binding the former and his heirs, executors, administrators and transferees; but it shall not be necessary in any such lease to insert any such number; and there may be introduced into or annexed to any Forms may of the forms in the first column any expressed exceptions from be.modieed 145 1906 Cap. 24 HEAL PROPEKTY Case of surrender effected otherwise than by operation of law Registrar's duty in such case Effect of memorandum Proviso, as to mortgage the same, or expressed qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in corresponding forms in the second column. 59. Whenever a,ny lease or demise which is required to be registered by this Act is intended to be surrendered and the surrender thereof is effected otherwise than through the operation of a surrender in law, upon the production of the surrender in the form M in the schedule to this Act to the registrar he shall make a memorandum of the starrender upon the certificate of title in the register and upon the duplicate certificate; and when the memorandum has been so made the estate or interest of the lessee in the land shall vest in the lessor or in the person in whom, having regard to intervening circimistances, if any, the land would have vested if the lease had never been executed: Provided that no lease subject to mortgage or encumbrance shall be siurrendered without the consent of the mortgagee or enciunbrancee. MORTGAGES AND ENCUMBRANCES. Form of mortgage Form of encumbrance Statement necessary Memoran- dum to be made on certificate Registration of charges created before issue of grant 60. Whenever any land for which a certificate of title has been granted is intended to be charged or made sectirity in favour of any mortgagee, the mortgagor shall execute a mortgage in form N in the schedule to this Act, or to the like effect; and whenever any such land is intended to be charged with or made security for the payment of an annuity, rent charge or sum of money, in favour of any encumbrancee, the encumbrancer shall execute an encimibrance in the form in the schedule to this Act, or to the like effect; and every such instrument shall contain an accurate statement of the estate or interest intended to be mortgaged or encimibered, and shall for description of the land intended to be dealt with, refer to the certificate of title on which the estate or interest is held or shall give such other description as is necessary to identify the land, and a memorandum of the mortgage or encumbrance shall be made upon the certificate of title in the register and upon the duplicate certificate. (2) Provided that there may be filed in the office of the registrar any mortgage or other encimibrance created by any person right- fully in possession of land prior to the issue of the grant from the Crown or prior to the issue of the transfer from the Hudson's Bay Company or from any company entitled to a grant of such lands from the Crown or to which letters patent from the Crown for such mortgaged lands have already issued, if there is produced to and left with the registrar with the mortgage an affidavit made by the mortgagor in the form P in the schedule to this Act, and also in the case of lands mortgaged prior to the issue or transfc from the Hudson's Bay Company or other company as aforesaid a certificate from the land commissioner or other proper officer of the company that the purchase price of such mortgaged lands has been paid and that the mortgagor is entitled to a transfer in fee simple therefor from such company; and the registrar shall, on registering the grant of lands so mortgaged, enter in the register and endorse upon the duplicate certificate of title before issuing it a memorandum of the mortgage or encumbrance; and when so entered the mortgage or encumbrance shall be as valid as if made subsequent to the issue of the grant or to the issue of 146 REAL PROPERTY Cap. 24 1906 the transfer from the Hudson's Bay Company or from any com- pany entitled to a grant of such lands from the Crown or to which letters patent from the Crown for such lands may have issued, as the case may be; and if more than one mortgage or encumbrance are filed they shall be registered in the order of time in which they have been filed in the said ofiice. (3) Provided, however, that nothing in this Act contained ^^e^?g»^™ shall entitle a settler, who has entered for a homestead, or home- transfers stead and pre-emption imder the provisions contained in fhe""'^*'"'^*^ Dominion Lands Act, to mortgage the land entered for by him as a homestead or pre-emption prior to issue of a patent to him therefor; it being hereby declared that notwithstanding an3rthing contained in this Act such mortgage is in the nature of an assign- ment or transfer which is prohibited by the said Act. 61. A mortgage or encumbrance under this Act shall have Mortgage a effect as security but shall not operate as a transfer of the land™"""^""''' thereby charged. 63. Proceedings to enforce payment of moneys secured by Proceedings mortgage or encumbrance, or to enforce the observance of the Jedeemf etc. covenants, agreements, stipulations or conditions contained in any mortgage or encumbrance, or for the sale of the lands mortgaged or encumbered, or to foreclose the estate, interest or claim of any person in or upon the land mortgaged or encumbered, as also proceedings to redeem or discharge any land from any such mort- gage or encumbrance, may be had and taken in the Supreme Court of the North- West Territories or any comi; hereafter consti- tuted exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exercised therein by the Supreme Court of the North-West Territories under the practice and procedure of the said court. 1915, c. 3, s. 1. 63a. In case default is made in payment of the principal sum, interest, annuity or rent charge, or a part thereof secured by any mortgage or encmnbrance registered under this Act, or in case default is made in the observance of any covenant expressed in any mortgage or encumbrance or herein declared to be implied in such instrument and in case such default continues for the space of one calendar month or for such longer period of time as may therein for that purpose be expressly limited, the mortgagee or encumbrancee may forthwith after giving the notice herein provided enter into possession of the lands and receive and take the rents, issues and profits thereof, and whether in or out of posses- sion thereof may make any lease of the same or any part thereof as he may see fit 1915, c. 3, s. 2. (2) Such notice shall declare the intention of the mortgagee or encumbrancee to so enter into possession and receive and take the rents, issues and profits as aforesaid, and shall contain a statement that in case default continues for the further space of two calendar months from the date of service of the notice, the mortgaged lands may be sold under the provisions of The Lwnd Titles Act. 1915, c. 3, s. 2. (3) The said notice may also require the mortgagor or encum- brancer and the other persons to whom the same is directed to pay within a time to be specified in such notice the money then due 147 i906 Cap. 24 • real phopebty or owing on such mortgage or encumbrance or to observe the covenants therein expressed or implied as the case may be. 1915, c. 3, s. 2. (4) Such notice may also declare the intention of the mortgagee or encumbrancee to make an application for foreclosure as herein- after provided in case a sale of the lands by public auction shall prove abortive, and in case default in payment of the principal or interest secured by the mortgage or encumbrance shall be continued for six months after the time for pajmient mentioned in the mortgage or encumbrance. 1915, c. 3, s. 2. (5) A copy of the notice shall be filed in the land titles office in which the mortgage or encumbrance is registered and shall be served upon the mortgagor or encumbrancer and upon every per- son appearing by the records of such land titles office at the time of filing such notice to have any mortgage, encumbrance or lien upon the land subsequent to the mortgage or encumbrance or any estate, right or interest therein subject to such mortgage or encumbrance or upon the legal representative of any such person. 1915, c. 3, s. 2. (6) After such default in payment or in the observance of any covenant as aforesaid continuing for the further space of two calendar months from the date of service of such notice, such mortgagee or encumbrancee is hereby authorized and em- powered to sell the land so mortgaged or encumbered or any part thereof, subject to the rights of any persons having any estate, right or interest therein having priority to the mortgage" or enciunbrance, in such maimer as the registrar of land titles for the land registration district in which the mortgage or encum- brance is registered may direct and either altogether or in lots by public auction or private contract or by such modes of sale and subject to such terms and conditions as to expenses or other- wise as the registrar may think fit. 1915, c. 3, s. 2. (7) Such mortgagee or encumbrancee may make and execute all such instruments as shall be necessary for the sale and enjoy- ment of the premises; and all such instruments shall be as valid and effectual as if the mortgagor or encmnbrancer and the other persons upon whom the notice aforesaid is required to be served had made, done or executed the same and the receipt in writing of the mortgagee or encmnbrancee shall be a sufficient discharge to the purchaser of such land, estate or interest or of any portion thereof, for so much of his purchase money as may thereby be expressed to be received, and no such person shall be answerable for the loss, misapplication or nonappli cation or be obliged to see to the application of the purchase money by him paid, nor shall he be obliged to inquire as to the fact of any default or notice having been made or given as aforesaid, or how the purchase money to arise from the gale of any such land, estate or interest shall be applied. 1915, c. 3, s. 2. (8) Such purchase money shall be applied: Firstly, in pa' - ment of the expenses incurred by such sale; secondly, in payment of the moneys which may then be due or owing to the mortgagee or encumbrancee; thirdly, in payment of the subsequent mort- gages and encumbrances or liens, if any, in the order of their priority; and fourthly, the surplus, if any, shall be paid to the owner, mortgagor, or encumbrancer, as the case may be; or if payment cannot be so made such surplus shall be paid into the 148 REAL PEOPERTY Cap. 24 1906 Supreme Court in the district in which the land is situate to be paid out to the person or persons entitled thereto upon appli- cation in accordance with the practice of the said court. 1915, c. 3, s. 2. (9) Upon the registration of any instrument executed by the mortgagee or encumbrancee for the purpose of such sale as afore- said, the estate or interest of the owner of the land mortgaged or encumbered shall vest in the purchaser freed and discharged from all liability on account of such mortgage or encumbrance and of any mortgage, lien, charge or encumbrance created by any instrument registered subsequent thereto, and the purchaser shall be entitled to receive a certificate of title for the same. 1915, c. 3, s. 2. (10) Whenever default has been made in payment of the principal or interest secured by a mortgage or encumbrance and such default shall be continued for six months after the time for payment mentioned in the mortgage or encumbrance, the mortgagee or encumbrancee may if he has given notice of his intention so to do as aforesaid make an application in writing to the registrar of land titles for the land registration district in which the mortgage or encumbrance is registered for an order for foreclosure. 1915, c. 3, s. 2. (11) Such application for foreclosure shall state that such default in payment as aforesaid has been made and has continued for the period aforesaid; that the land mortgaged or encumbered has been offered for sale at public auction under the provisions of this Act; that the amount of the highest bid at such sale was was not sufficient to satisfy the moneys secured by such mortgage or encumbrance together with the expenses occasioned by such sale, and that such notice as aforesaid declared the intention of the mortgagee or encumbrancee to make an application for fore- closure in case such sale proved abortive; and such application shall be accompanied by such proof of the matters stated by the apphcant and by such other evidence as the said registrar may require. 1915, c. 3, s. 2. (12) In case the notice as aforesaid has not declared the intention of the mortgagee or encumbrancee to make an application for foreclosure, another notice may be given declaring such intention if default in payment has continued for six months after the time for payment mentioned in the mortgage or encumbrance and in case a sale of the lands has proved abortive and when such subsequent notice has been given the application for foreclosure as herein provided may be proceeded with. 1915, c. 3, s. 2. (13) Such subsequent notice shall be filed and served in the same manner and upon the same persons as provided for in sub- section (5) hereof. 1915, c. 3, s. 2. (14) Unless the registrar shall see fit to order otherwise the notice whether of intention to sell or to apply for a foreclosure order shall be served personally but in case any person required to be served cannot after due diligence be fovmd the registrar may direct service of such notice by leaving the same on the mortgaged lands or by mailing the same in a sealed envelope by regis- tered post directed to him or them at his or their last known address, or in such other manner as the registrar may direct; and in case any person required to be served is deceased 149 1906 Cap. 24 • real pbopekty and such person has no legal representative, such notice shall be effectively served upon the public administrator for the district in which the lands subject to the mortgage or encumbrance are situate. 1915, c. 3, s. 2. (15) On an application for foreclosure the registrar may if he considers it proper cause the notice to be published once in each of three consecutive weeks in such newspaper or newspapers as the registrar may direct and in one issue of The Alberta Gazette offering the said land for private sale and the registrar shall appoint a time not less than one month from the date of the first of such advertisements or m case there is no advertisement not less than one month from the date of such application upon and after which he may issue to such applicant an order for foreclosure tinless in the interval a sufficient amount of money has been obtained from the sale of such land or paid by or on behalf of the owner, mortgagor or encimibrancer or interested party as aforesaid to satisfy the principal and interest and other moneys secured and all expenses occasioned by such sale and proceedings. 1915, c. 3. s. 2. (16) Every order of foreclosure under the hand of the registrar when entered in the register shall have the effect of vesting in the mortgagee or encumbrancee the land mentioned in such order free from all right and equity of redemption on the part of the owner, mortgagor or encumbrancer or any person claiming through or under him subsequently to the mortgage or encum- brance; and such mortgagee or encumbrancee shall upon such entry being made be deemed a transferee of the land and become the owner thereof and be entitled to receive a certificate of title for the same. 1915, c. 3, s. 2. (17) Where a mortgagor is entitled to redeem he shall on payment have the power to require the mortgagee instead of giving a discharge of the mortgage to. transfer the mortgage to any third party as the mortgagor directs and the mortgagee shall be bound to transfer such mortgage to such third party. 1915, c. 3, s. 2. (18) A judge of the Supreme Court or a master in chambers may, from time to time, upon such terms as he shall think fit, on summary application on notice to the mortgagee or encmn- brancee by order stay any sale hereunder, and may, upon such terms as he shall think fit, on summary application on notice to the mortgagor or encumbrancer cancel any stay granted here- under. 1915, c. 3, s. 2. ^fhwle'^ ^3- Upon the production of any mortgage or encumbrance land having endorsed thereon or attached thereto a receipt or acknow- ledgement in the form I in the schedule to this Act, signed by the mortgagee or encumbrancee, or where it is stated in the mortgage or encumbrance that the money has been advanced on joint account by the surviving mortgagee or encxmibrancee and proved by the affidavit of an attesting witness, discharging the whole or any part of the land comprised in such instrimient from the whole or any part of the principal sum or annuity secured thereby, or upon proof being made to the satisfaction of a judge of the payment of all or part of the moneys due on any mortgage or encumbrance, and the production to the registrar of a certificate signed by the judge to that effect, or upon the production of a 150 REAL PHOPEBTY Cap. 24 1906 receipt or acknowledgement in the said form I, accompanied by evidence satisfactory to the registrar of the loss or destruction of the mortgage or encximbrance, the registrar shall thereupon make Entry by an entry on the certificate of title noting that such mortgage"*^*'*' or encumbrance is discharged, wholly or partially, or that part of the land is discharged, as aforesaid, as the case requires; and upon such entry being so made the land or the estate or interest in ita effect the land or the portion of the land mentioned or referred to in such endorsement as aforesaid shall cease to be subject to or liable for such principal sum or annuity, or, as the case may be, for the part thereof mentioned in such entry as discharged. 64. Upon proof of the death of the annuitant, or of the occur- Extinction rence of the event or circumstance upon which in accordance acuity, with the provisions of any encumbrance the annuity or sum of «*"• money thereby secured ceases to be payable, and upon proof that Proof all arreiars of the said annuity and interest or money have been paid, satisfied, or discharged, the registrar shall, upon the order of a judge, make a memorandum upon the certificate of title in the register that such annuity or simi of money is satisfied and discharged and shall cancel such instrument, and upon such CanoeUaUon memorandum being made the land shall cease to be subject to or liable for such annuity or smn of money, and the registrar shall in any or either such case as aforesaid endorse on the duplicate certificate of title a similar memorandmn whenever such dupli- cate certificate of title is presented to him for that purpose. 65. If any mortgagor becomes entitled to pay off the mortgage Order for money, and the registered mortgagee is absent from the province S^S^re'd " and there is no person authorized by registered power of attorney of^™^"*™ to give a receipt to the mortgagor for the mortgage money after etc^of the date appointed for the redemption of any mortgage, the judge ™° ***° on application to him and proof of jthe facts and of the amount due for principal and interest upon the mortgage may direct the payment into a chartered bank having a branch or agency in the district, or if not in the district in the province, of the mortgage money, with all arrears of interest then due thereon, to the credit of the mortgagee or other person entitled thereto; and thereupon the interest upon the mortgage shall cease to run ^^e^'^'^t' or accrue. (2) The registrar shall upon presentation of the judge's order Memorandum and of the receipt of the manager or agent of the bank for the y'°*=''*'" amount of the said mortgage money and interest make a memo- randum upon the certificate of title in the register discharging such mortgage, stating the day, hour and minute on which such memorandum is made. (3) Such memorandum shall be a valid discharge of the Effect mortgage. (4) The registrar shall, when such order and receipt are pre- Notice of sented to him, send a notice of the fact to the mortgagee by letter ™°^^**^^^ addressed by mail to his last known place of abode. (5) The registrar shall endorse on the duplicate certificate of ^^™^ title and also on the mortgage whenever those instruments are registrar produced to him the several particulars to be endorsed upon each of such instruments respectively. • 151 1906 Cap. 24 REAL PROPERTY Payment to be full discharge Form, regis- tration and priority of transfers of mortgage Partial transfer of sum secured (6) After payment as aforesaid of any mortgage money and interest the mortgagee entitled thereto shall not recover any further sum in respect of such mortgage than the amount so paid. 66. Mortgages, encumbrances and leases of land for which a certificate of title has been granted may be transferred by a transfer executed in the form Q in the schedule to this Act, and the transfer shall be registed in the same manner as mortgages, encumbrances and leases are registered; and transferees shall have priority according to the time of registration. (2) Any mortgagee may transfer a part of the sum secured by the mortgage by a transfer executed in the form R in the schedule to this Act, and the part so transferred shall continue to be secured by the mortgage and may be given priority over the remaining part or may be deferred or may continue to rank equally with it under the security of the original mortgage, as stated in the transfer; and the registrar shall enter on the certifi- cate of title a memorandum of the amount of the mortgage so transferred the name of the transferee, and how the sum so transferred is to rank, and shall notify the mortgagor of the facts. Effect of registration of transfer 67. Upon the registration of a transfer of any mortgage, encumbrance or lease, the estate or interest of the transferrer, as set forth in such instrument, with all the rights, powers and privileges thereto belonging or appertaining, shall pass to the transferee, and such transferee shall thereupon become subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if named in such instrument. Rights of transferee Proviso as to trusts 68. By virtue of every such transfer the right to sue upon any mortgage or other instriunent, and to recover any debt, sum of money, annuity or 'damage thereunder, and all interest at the time of such transfer in any such debt, sum of money, annuity or damages, shall be transferred so as to vest the same in law in the transferee thereof: Provided always that nothing herein contained shall prevent the court from giving effect to any trusts affecting the said debt, sum of money, annuity or damages, in case the said transferee shall hold the same as trustee for any other person. ImpUed covenants as to repairs and entry 69. In every mortgage there shall be implied against the mortgagor remaining in possession a covenant that he will repair and keep in repair all buildings or other improvements erected and made upon the land, and that the mortgagee may at all convenient times until the mortgage is redeemed be at liberty, with or without surveyors or others, to enter into or upon the land to view and inspect the sate of repair of the buildings or improvements. Covenants implied in mortgages under this Act TO. Whenever in a mortgage made under this Act the form of words in column one of the form S in the said schedule to this Act, and distinguished by any number therein are used, such mortgage shall be taken to have the same effect and be construed as if there had been inserted therein the form of words contained 152 BEAL PEOPEKTY Cap. 24 1906' in column two of the said form and distinguished by the same number; and every such form shall be deemed a convenant by the covenantor with the covenantee and his transferees, binding the former and his heirs, executors, administrators and transferees; but it shall not be necessary in any such mortgage to insert any such number; and there may be introduced into or annexed to any of the forms in the first coliunn any expressed exceptions from the same or expressed qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 71. In every case where land is subject to a mortgage or encum- when land brance signed by the owner, the duplicate certificate of title re^^^ar to* shall be deposited with the registrar who shdll retain the same on ^^^?|^tg behalf of all persons interested in the land mentioned in such certificate certificate. The registrar shall if desired furnish to the owner of such mortgage or encumbrance a certificate of charge in form GG hereto; and before any instrument dealing with or discharging the said mortgage or enctmibrance is registered, except in the case provided for by section 65 of this Act, said certificate of charge shall be delivered up to the registrar to be cancelled: Provided, however, that the registrar may dispense with such production upon satisfactory evidence being produced of the loss or destruction of any such certificate. POWEES OF ATTORNEY. 73. The owner of any land may authorize and appoint anyFomo* person to act for him or on his behalf with respect to the transfer attorney or other dealing with such land or with any part thereof, in accord- ance with the provisions of this Act, by executing a power of attorney in the form T in the schedule to this Act, or as near thereto as circtmistances permit, or in any form heretofore in use for the like purpose in which the land is not specially men- tioned and described but is mentioned and referred to in general terms, any of which forms of power of attorney the registrar shall register; and if the land referred to in any form of power Eegistratioa of attorney is specifically and properly described, the registrar shall make a memorandum upon the certificate of title and upon the duplicate certificate of the particulars therein contained and of the time of its registration; and tmtil such power of attorney in which the land referred to is so specifically described is revoked p™™'^ in the manner provided by the next following section, the right suspended of the owner to transfer or to otherwise deal with the land shall be location suspended: Provided that the execution or registration of a general power Proviso of attorney shall not in any way affect the right of the owner to transfer or otherwise deal with his land. revocation! 73. Any such power of attorney may be revoked by a revo-Formof cation in the form U in the schedule to this Act; and the registrar '^™''*" shall not give effect to any transfer or other instrument signed pursuant to such power of attorney after the registration of a revocation of such power. 153 1906 Cap. 24 REAL PEOPEBTY Transmis- 74. Wherever the owner of any land for which a certificate on deith*'* of title has been granted dies such land shall subject to the provi- sions of this Act vest in the personal representative of the deceased owner. (2) Such personal representative shall before dealing with such land make application in writing (executed by himself or his solicitor) to the registrar to be registered as owner and shall produce to and leave with the registrar the duplicate certificate of title for the lands in respect of which the application is made and probate of the will of the deceased owner, or letters of administration, or the order of court authorizing him to administer the estate of the deceased owner or a notarial copy of the will of the deceased made in notarial or authentic form, executed within the Province of Quebec, the original of which is filed in any notarial office, or a duly certified copy of the said probate, letters of administration or order, as the case may be, for the purpose of this Act the probate of a will granted by the proper court of any province of the Dominion of Canada, or of the United Kingdom of Great Britain and Ireland, or an exemplification thereof, shall be sufficient, if the same shall have been resealed with the seal of the court in the Province of Alberta having j'urisdiction in such matters. (2a) Such personal representative shall also produce to, a,nd leave with the registrar, a certificate of the Provincial Treasurer to the effect that all succession duties in respect of the said land, if any, have been paid or security given for the payment thereof. 1914, c. 2, s. 9. (3) The registrar shall thereupon enter upon the said certifi- cate of title and upon the duplicate thereof a memorial of the application for transmission the date of the probate, letters of administration, order of the court or notarial will, the date and hovu- of the production to him of the same and such other particu- lars as he may deem necessary and shall also note the fact of registration by the usual memorandiun imder his hand on the said probate, letters of administration, order or notarial will. (4) Upon such memorandmn being made the executor or administrator, as the case may be, shall be deemed to be the owner of the land and the registrar shall cancel the said certificate of title in the name of the deceased owner, and grant to the executor or administrator aforesaid, as such, a new certificate of title and issue to him a duphcate certificate. ' (5) The title of the executor or administrator to the lands shall relate back and take effect from the date of the death of the deceased owner. (6) If the certificate of title for the land has not been granted to the deceased owner the personal representatives before being entitled to be registered under this section shall bring the land under this Act in the ordinary way. But no certificate of title shall be granted in respect thereof, unless such personal represent- ative shall produce to and leave with the registrar a certificate of the Provincial Treasurer that all succession duties in respect of the said land, if any, have been paid, or security given for the payment thereof. 1914, c. 2, s. 9. Mortgage, etc. 75. Whenever any mortgage, encumbrance or lease affecting ^^u'o? land, for which a certificate of title has been granted, is trans- intestacy i.5^ Certificate as to succession duties HEAL PEOPERTY Cap. 24 1906 mitted in consequence of the will or intestacy of the owner thereof, the probate of the will of the deceased owner, or letters of admin- istration, or the order of the court authorizing a person as afore- said to administer the estate of the deceased owner, or a notarial copy of the will of the deceased made in a notarial or authentic form, executed within the Province of Quebec, the original of which is filed in any notarial office, or an office copy of the said - probate, letters of administration, or order, as the case may be. Mode of accompanied by an application in writing from the executor or'^sBiBtration administrator, or such other person as aforesaid, claiming to be registered as owner in respect of such estate or interest, together with a certificate of the Provincial Treasurer to the effect that all ^^"^^ succession duties in respect of the said mortgage, encumbrance, orauooession lease, as the case may be, if any, have been paid or security given '*"''™ for the payment thereof, shall be produced to and left with the registrar, who shall thereupon make a memorandum upon thej^^^™^^^"" certificate of title and upon the duplicate thereof of the date of the will and of the probate, or of the letters of administration, or order of the court as aforesaid, the ddte, hour and minute of the production of the same to him, with such other particulars as he deems necessary. 1914, c. 2, s. 9. (2) Upon such memorandum being made, the executor, or^*?^o^^^ administrator, or such other person, as the case may be, shall be deemed to be the owner of the mortgage, encumbrance or lease; and the registrar shall note the fact of the registration by memorandum under his hand on the letters of administration, probate or order as aforesaid. 76. Any person registered in place of a deceased owner shall J^*°^^''i«'=* hold the land in respect of which he is registered upon the trusts how held and for the purposes to which the same is applicable by this Act or by law, and subject to any trusts and equities upon which the deceased owner held the same; but for the purpose of any registered dealings with such land he shall be deemed to be the absolute and beneficial owner thereof. (2) Any person beneficially interested in any such land may^oOTt^nay apply to a court or judge having juridsiction to have the sametnlSees taken out of the hands of the trustee having charge by law of such land and transferred to some other person or persons; and the court or judge, upon reasonable cause being shown, shall name some suitable pbfson or persons as owner of the land; and upon the person or persons so named accepting the ownership and giving approved security for the due fulfilment of the trusts, the Security to court or a judge may order the registrar to cancel the certificate by Siem of title to the trustee, and to grant a new certificate of title to the person or persons so named. (3) The registrar upon the production of the order, shall CanceUation cancel the certificate of title to the trustee after making thereon Senifloate, and upon the duplicate thereof a memorandum of the appoint- nllj'oS^ °* ment by order of the court or judge of such person or persons as owners, and shall grant a new certificate of title to such new trustee and issue to him a duplicate certificate of title. EXECUTIONS. 11. The sheriff, or any duly qualified officer, after the delivery ^^f in to him of any execution or other writ affecting land, if a copy of "^^jfyj^^^j 155 '*°'i 1906 Cap. 24 REAI, PROPERTY Proviso: renewal of writs Register to 'be kept of sheriff's writs such writ has not abeady been delivered or transmitted to the registrar, shall, on payment to him of fifty cents by the execution creditor named therein, provided that said writ is in force, forth- with dehver or transmit by registered letter to the registrar a copy of the writ and of all endorsements thereon certified under his hand and seal of office, if any; and no land shall be bound by any such writ until the receipt by the registrar for the registration district in which such land is situated of a copy thereof, either prior to this Act, under the law then in force or subsequent hereto; but from and after the receipt by him of such copy no certificate of title shall be granted and no transfer, mortgage, encumbrance, lease or other instrument executed by the execution debtor of such land shall be effectual except subject to the rights of the execution creditor under the writ while the same is legally in force; and the registrar on granting a certificate of title and on registering any transfer, mortgage, or other instrument executed by the debtor affecting such land, shall by memoranda upon the certificate of title in the register and on the duplicate issued by him express that such certificate, transfer, mortgage, or other instrument is subject to such rights: Provided that every writ or renewal thereof shall cease to bind or affect land at the expiration of two years from the date of the receipt thereof issued prior to the first day of September, 1914 by the registrar of the district in which the land is situated unless before the expiration of such period of two years a renewal of such writ is filed with the registrar in the same manner as the original is required to be filed with him: Provided further that all writs of execution or renewals thereof now in the lands of the registrars of land registration districts under any law heretofore in force relating to title to real property shall be and be taken to have been effectual to bind or affect the land only during the period of two years from the date of such writ or renewal thereof, issued prior to the first day of September, 1914; provided that every new writ of execution and every renewal of a writ issued or renewed on or after the first day of September, 1914, shall remain in force so long as the judgment on which it is issued remains in force. 1914, c. 2, s. 9. (2) The registrar shall keep a book in convenient form in which shall be entered according to the dates when respectively received a record of all copies of writs received by him from the sheriff or other officer as aforesaid whether so received prior to this Act or subsequent thereto; and such book shall be kept indexed showing in alphabetical order the names of the persons whose lands are affected by such writs with the day and hour and minute of such receipt. 1914, c. 2, s. 9. Satisfaction 78. Upou the Satisfaction or withdrawal from his hands of any ofwnt, etc. ,^j^^ ^jjg sheriff or other duly quaUfied officer shall on payment to him of fifty cents lorthwith transmit to the registrar a certificate under his official seal, if any, to that effect, and upon the produc- tion and delivery to the registrar of such certificate, or of a judge's order, showing the expiration, satisfaction or withdrawal of the writ as against the whole or any portion of the land so bound, the Memorandmn registrar shall make a memorandum upon the certificate of title to certificate that cffcct if the land has been brought under the provisions of this Act, and, if not, upon or opposite to the entry of the writ in or in book of writs 156 REAL PEOPEHTY Cap. 24 1906 the book to be kept under the provisions of the next preceding section; and thenceforth such land or portion of land shall be Discharge deemed to be absolutely released and discharged from the writ. °' '^'^'^ sheriff's sales. 79. No sale by a sheriff or other officer as aforesaid, under Confirmation process of law, of any land for which a certificate of title hasj^ilby been granted shall be of any effect until the same has been con- """^ firmed by the court or a judge; but when any such land is sold under the process of law, the registrar, upon the production Re^strar's to him of the transfer of the same in the form V in the schedule "*'°^ to this Act, with proof of the due execution thereof, and with an order of the confirmation of such sale endorsed upon the transfer or atlached thereto, shall after the expiration of four weeks after receiving the same register the transfer, cancel the existing certifi- cate of title wholly, or in part if less than the whole of the land comprised therein be sold, grant a certificate of title to the trans- JSfioatT" feree, and issue to him a duplicate certificate in the prescribed form, .unless such registration is in the meantime stayed by the unless order of the court or judge, and in such case the registration shall the^TOun not be made except according to the order, and direction of the said court or judge. 80. A traaisf er of such land so sold under process of law or for f^^^^^ arrear of taxes as hereinafter provided shall be registered within of land sold a period of two months of the date of the order of confirmation, '"' ^™' unless this period be extended by order filed with the registrar of the court or a judge; and shall cease to be valid as against the owner of the land so sold and any person or persons claiming by, from or through him, if not registered within that period, or within the time fixed by such order. 81. The application for confirmation of a sale of such land soAppU^on made under any process of law may be made by the sheriff or ation of sale other officer making the sale or by any person interested in the sale, on notice, to the owner, unless the judge to whom the appli- cation is made dispenses with such notice; and if the sale is confirmed the costs of confirmation shall be borne and paid out of Costs the purchase money, or as the judge directs; but in case the sale is not confirmed the purchase money paid by him shall be refunded ^ot^^^^rmj^ to the purchaser; and the judge may make such order as to the costs of all parties to the sale and of the application for its confirmation as he thinks just. SALE FOR TAXES. 83. When any land for which a certfficate of title has been Transfer of granted is sold for taxes the purchaser may at any time after the f*? taxis sale lodge a caveat against the transfer of the land; and upon the completion of the time allowed by law for redemption and upon the production of the transfer of the land in the prescribed form for tax sales in the form V in the schedule to this Act, with proof of the due execution thereof by the proper officer and a judge's order confirming such sale, the procedure for obtaining which shall be the same as hereinbefore provided in case of a sheriff's sale, the registrar shall, after the expiration of four weeks from 157 1906 Cap. 24 HEAL PROPERTY Registration in conse- quence of maniage of a female owner the delivery to him of the transfer and judge's order of confirma- tion, register the transferee as absolute owner of the land so sold and shall cancel the certificate of title in whole or in part as the case requires, grant a new certificate of title to the transferee, and shall issue to the purchaser a duphcate certificate, unless the registration has in the meantime been stopped by order of a judge. 83. Upon production to the registrar of a duplicate certificate of title issued to a female, accompanied with a statement in writing of her marriage, giving the date of such marriage, the place where solemnized, and her husband's full name with his residence and occupation, verified by oath or afiirmation and the production of a certificate of the marriage by the person who solemnize^d the same, and such further evidence as the registrar may reqmre, or upon production to the registrar of such evidence as would be sufficient to establish the marriage in any court in the province and on an application to the registrar to grant a new certificate of title, he shall file the same and at once cancel the existing certificate of title, as also the duphcate, and shall make a memo- randum of each of the facts; and the registrar shall thereupon grant a new certificate of title to the apphcant owner in her newly acquired smuame in which her husband's full name, residence and occupation shall be given and shall issue to her a duplicate certificate. Transmis- sion in case of assign- ment for benefit of creditors Title to relate back 83a. Upon any assignment being made by the owner of any land, mortgage or encumbrance for the benefit of his creditors, the assignee or trustee of such owner may register such assignment and may at any time thereafter make an apphcation to the registrar to be registered as owner of any such land, mortgage or encum- brance, and the registrar may, pursuant to such apphcation, transmit any such land, mortgage or encumbrance to such assignee or trustee, who shall thereupon become the owner thereof and shall be invested with all the rights and powers which the assignor was possessed of, and his title shall relate back and take effect as from the date of the assignment; but the registrar shall not, in issuing a certificate of title to such assignee or in any entries he may make regarding any such transmission, refer to the fact that the new owner is such assignee or 'trustee, or that he holds any such land, mortgage or encumbrance for any other than his own absolute use, and for the purpose of any registered deahng therewith he shall be deemed to be the absolute owner thereof. CAVEATS. who may file a caveat Form 84. Any person claiming to be interested under any will, settlement or trust deed, or any instrument of transfer or trans- mission or under an imregistered instrument or under an execution where the execution creditor seeks to affect land in which the execution debtor is interested beneficially but the title to which is registered in the name of some other person or otherwise how- soever in any land, mortgage or encumbrance, may cause to be filed on his behalf with the registrar a caveat in form W in the schedule to this Act against the registration of any person as 158 HEAL PKOPEETY Cap. 24 1906 transferee or owner of, or of any instrument affecting, such estate or interest, unless such instrument be expressed to be subject to the claim of the caveator. 85. Every caveat filed with the registrar shall state the name ContentB of and addition of the person by whom or on whose behalf the *^® °°'^*** same is filed and except in the case of a caveat filed by the registrar as hereinafter provided shall be signed by the caveator, his attorney or agent and shall state some address or place within the province at which notices and proceedings relating to such caveat or the subject matter thereof may be served and the nature of the interest claimed and the grounds upon which such claim is founded, and shall be supported by an afiidavit that in the belief of the deponent ^''Jjj* '" the person by whom or on whose behalf the caveat is filed has ™'"'° a good valid claim in respect of the land, mortgage or encum- brance intended to be affected by the same, and that the caveat is not filed for the purpose of delaying or embarrassing the applicant, or owner, or any person claiming through him, which aflGidavit or declaration may be in the form X in the schedule to ^°"^ this Act. 86. Upon the receipt of a caveat the registrar shall enter the Duties of same in the day book and shall make a memorandum thereof J|Spt"f°" upon the certificate of title of the land affected by such caveat oa^«at and shall forthwith send a notice of the caveat and of the interest claimed thereunder through the post office or otherwise to the person against whose title the caveat has been lodged; but in the case of a caveat before registration of title imder this Act the registrar shall on receipt thereof enter the same in a book to be kept by him in which shall be entered all instruments affecting land as to which no title has yet issued. 87. So long as any caveat remains in force the registrar shall ^^^^j°' not register an instrument purporting to affect the land, mortgage or encumbrance in respect to which such caveat is lodged, unless such instrument be expressed to be subject to the claim of the caveator. 88. The caveator, or in case the caveat is signed by his attorney ^^the'*^*' or agent, such attorney or agent may by notice in writing to caveat the registrar withdraw his caveat at any time, and the registrar shall forthwith give notice in writing of such withdrawal by mail or otherwise to the caveatee. 89. Except in the case of a caveat lodged by the registrar, asLapmo', hereinafter provided, every caveat lodged against any land, ' mortgage or encumbrance shall be deemed to have lapsed after the expiration of sixty days after notice, proved to the satisfaction of the registrar, has been either served as process is usually served or sent by registered mail in the form Y in the schedule to this Act or to like effect to the caveator at or to the address stated in the caveat to take proceedings in court on his caveat, unless before the expiration of the said period of sixty days the caveator takes proceedings in court by originating summons subject to the prdvisions of The Judicature Ordinance of the North-West Terri- 159 caveat after notice 1906 Cap. 24 REAL PROPERTY tories, or otherwise, to substantiate the title, estate, interest or lien claimed by his caveat and a judge's order in such proceedings has been filed with the registrar continuing such caveat: Provided that the court or judge may upon an ex parte appli- cation shorten the said period of sixty days to such period as he shall specify ia such order, and a copy of such order shall be served or mailed with the notice in this section referred to. Judge may extend time for proceedings on caveat 90. At any time before the expiration of the time limited for proceeding upon a caveat upon application to be made by way of summons to a judge, the judge for sufficient cause shown, and subject to such conditions as may seem proper, may extend the time for proceeding upon such caveat for a further period to be specified in the order made upon such application. Application to discharge caveat Security may be ordered 91. In the case of a caveat filed, except a caveat filed by the registrar as hereinafter provided, the applicant or owner may at any time apply to the court or a judge by originating summons, subject to the provisions of The Judicature Ordinance of the North- West Territories, calling upon the caveator to show cause why such caveat should not be discharged; and upon the hearing of such application the said court or judge may make such order in the premises and as to costs as to such court or judge may seem just. 93. In any proceedings in respect of a caveat the court or judge may order that the caveator give such undertaking or security as such coiort or judge may consider sufficient to indem- nify every person against any damage that may be sustained by reason of any disposition of the property being delayed, or to answer the costs of the caveatee, and may direct the register to delay registering any instnunent dealing with the land, mortgage or encumbrance duriug such time as the order of such court or judge provides, or may direct the caveator to take further proceed- ings by action or otherwise upon his caveat, or may make such other order as may be just. Caveat ^ed on agreement for sale not to be removed unless default has been made under agreement 93. In any proceedings taken in consequence of the filing of a caveat if it be made to appear to the court or judge that the caveator or person on whose behalf the caveat has been filed by the registrar, as hereinafter provided, claims an interest in the land, mortgage or encumbrance by virtue of any contract in writing for the sale and purchase of such land, mortgage or enciunbrance, signed by the vendor thereof or by his lawfully authorized agent or by virtue of an assignment of such contract, duly attested in the manner provided for in sections 102 and 103 of this Act, and that there has been no default under the terms of such contract, or if any default has been made that such default has been cured before the return of the application to the court or judge then the court or judge may, and unless it otherwise appears to be a case in which the caveat should be removed, shall refuse to order the removal of such caveat. (2) An assignor of such a contract may apply to remove a caveat filed by his assignee in cases in which default has been made under any covenant or agreement entered into by such assignee. 160 BEAL PROPEETY Cap. 24 1906 94. Any person, other than the registrar, fiUng or continuing Compenaa- any caveat without reasonable cause shall be liable to makeo°TOv™r° compensation to any person who may have sustained damage ^^^^j^jj^ thereby; and such compensation may be recovered by action if the caveator have withdrawn such caveat and no proceedings have been taken by the caveator or caveatee as herein provided, but if such proceedings have been taken then such compensation shall be decided by the court or judge in such proceedings whether the caveat have been withdrawn or not. 95. It shall not be lawful, except as hereafter mentioned, foroniyone the same person, or for any one on his behalf, to file more than be^fiie*d*° one caveat in respect of the same matter; but nothing herein contained shall prejudice the right of the registrar to enter any caveat under the powers vested in him by this Act; and a judge may, if he thinks proper, upon application made to him for that purpose and upon such terms as to costs or otherwise as he may consider just, order that a new caveat be filed, and such order shall fix a time within which the caveator must proceed upon such caveat. 96. In the case of a caveat filed by the registrar as hereinafter Disposal of provided the apphcant or owner may apply to the court or a^^^je^^rM- judge by originating summons as provided for by The Jvdicature Ordinance of the North-West Territories to be served upon the person on whose behalf such caveat has been filed for an order that such caveat be withdrawn or discharged; and in case such person on whoge behalf such caveat has been filed is an infant, Representa- lunatic or person of unsound mind, without guardian or committee jjjanta, etc. such court or judge may by an ex parte order direct that such summons be served on the official guardian, or some other person to be named therein and may impose upon the applicant such terms as to the costs of such guardian or other person appointed ' by such order as may seem just; and upou such application such court or judge may make such order in the premises, either dis- missing such application, discharging or .withcfrawing such caveat, or directing any of the parties to commence proceedings by action or otherwise as to the said court or judge may seem just and proper. 97. Registration by way of caveat, whether by the registrar orP"?ri'y.<>f by any caveator, shall have the same effect as to priority as the b^way o? ° registration of any instrument imder this Act, and the registrar '^"'^^* may in his discretion allow the withdrawal of such caveat at any time and the registration in lieu thereof of the instrument under which the person on whose behalf such caveat was lodged claims his title or interest, provided such instrument is an instru-' ment that may be registered under this Act; and if the withdrawal of such caveat and the registration of such instrimient is simul- taneous, the same priority shall be preserved to all rights under the instrument as the same rights were entitled to under the caveat. 98. Any person claiming an interest in any land, mortgage Action may or encumbrance, may in lieu of, or after filing a caveat, proceed''^**''™ by way of action to enforce his claim.. 161 1906 Cap. 24 REAL PROPERTY Memoran- dum to be made by rc^strar on withdrawal 99. Upon the withdrawal, lapse or removal of any caveat, or upon the maMng of any order by the court or judge in connection therewith, a memorandum of such withdrawal, lapse, removal or order, as the case may be, shall be made by the registrar upon the certificate of title and upon the duplicate certificate thereof. Caveat filed by registrar 100. The registrar may file a caveat on behalf of His Majesty, or on behalf of any person who may be under any disabihty, to prohibit the transfer or dealing with any land belonging or supposed to belong to the Crown or to any such person, and also to pro- hibit the dealing with any land in any case in which it shall appear to him that an error has been made in any certificate of title or other instrument, or for the prevention of any fraud or improper deahng. Contracts in writing assignable Application of section 101 . Any contract in writing for the sale and purchase of any land, mortgage or encumbrance shall notwithstanding anything to the contrary therein contained be assignable, and any assign- ment of any such contract shall operate according to its terms to transfer to the assignee therein mentioned all the right, title and interest of the assignor both at law and in equity subject to the conditions and stipulations in such assignment contained: ProAdded, however, that nothing herein contained shall affect any rights at law or in equity of the original vendor or owner of the land, mortgage or encumbrance, until notice in writing of such assignment has been either sent to him by registered mail or served upon him in the way process is usually served; and the notice mentioned in section 86 hereof shall be deemed to be such notice. (2) This section shall apply to written agreements, or contracts in writing, for the sale and purchase of any land, mortgage or encumbrance entered into before, as well as after, the passiQg of this Act. ATTESTATION OF INSTRT7MENTS. Attestation within the province Witness Form of affidavit 103. Every instrument executed within the limits of the province other than the notifications referred to in section 26, subsection 6 hereof, instruments under the seal of any corporation, caveats, orders of a court or judge, executions, or certificates of any judicial proceedings, attested as such, requiring to be registered under this Act, shall be witnessed by one person who shall sign his name to the instrument as a witness, and who shall appear before the inspector of land titles offices or the registrar or deputy registrar of the registration district in which the land is situated or before a judge, stipendiary magistrate, notary public, commis- sioner for taking affidavits, or a justice of the peace in or for the province, and make an affidavit in the form Z in the schedule to this Act. (2) Any document executed by a corporation, notwithstanding anything to the contrary in the Act, Statute, charter or memo- randum and articles of association incorporating such corporation, shall for the piirposes of this Act be deemed to be sufficiently executed if sealed with the corporate seal of such corporation and countersigned by at least one officer of the corporation. 162 REAL PROPERTY Cap. 24 1906 103. Every instrument executed without the limits of the AtteBtation province, other than grants from the Crown, order in council, p?^^'"' instruments imder the seal of any corporation, or caveats required to be registered xmder the provisions of this Act, shall be witnessed ^'*°^" by one person who shall sign his name to the instrument as a witness, and who shall appear before one of the following persons Form and make an aflBdavit in the said form Z: (a) If made in any province of Canada, before a judge of^"^*"^*^ any court of record, any commissioner authorized to take affidavits in such province for use in any court of record in this province, or before any notary public under his official seal; or (b) If made in Great Britain or Ireland, before a judge of in Great the Supreme Court of Judicature in England or Ireland, or of mS" the Coiui; of Sessions or of the Judiciary Court in Scotland, or a judge of any of the county courts within his county, or the mayor of any city or incorporated town, under the common seal of such city or town, or before any commissioner in Great Britain or Irelaiid, authorized to take affidavits therein, for use in any court of record in the province, or a notary public under his official seal; or (c) If made in any British colony or possession out of Canada, in Britash before a judge of any court of record, the mayor of any city or '"''°°'™ incorporated town under the common seal of such city or town, or notary pubhc imder his official seal; or (d) If made in any foreign country, before the mayor of anyi»^^™«» city or incorporated town, under the common seal of any such city or town, or before the British consxil, vice-consul or consular agent residing therein, or before any judge of any court of record or a notary public under his official seal: Provided that the comrt or a judge may, upon being satisfied of the due execution of any instrument, whether such instrument has been executed within or without the limits of the province, authorize the registration of the same, notmthstanding that the proof of such execution may be defective under the provisions of this or of the next preceding section hereof. REMEDIAL PROCEEDINGS. Ejectment. 104. No action of ejectment or other action for the recovery Proteotion of any land for which a certificate of title has been granted shall IfeSLt lie or be sustained against the owner imder this Act in respect thereof, except in any of the following cases, that is to say: Exoeptiona (a) The case of a mortgagee as against a mortgagor in default ;^^^^" (6) The case of an encumbrancee as against an encumbrancer Encumbrancer in default; in default (c) The case of a lessor as against a lessee in default; £Sluit {d) The case of a person deprived of any land by fraud as Fraud against the owner of such land through fraud, or as against a person deriving title otherwise than as a transferee bona fide for value, from or through such owner through fraud; (e) The case of a person deprived of or claiming any land Jf„^''™°"P" included in any grant or certificate of title of other land hy mis- description of such other land or of its boimdaries, as against the owner of such other land; 163 1906 Cap. 24 REAL PKOPERTT Double registration In other cases certifi- cate absolute bar to action (/) The case of an owner claiming Tinder an instrument of title prior in date of registration under this Act, or under the provisions of any law heretofore in force in any case in which two or more grants, or two or more certificates of title, or a grant and certificate of title, are registered under this Act or under any such law in respect to the same land. (2) In any case, other than as aforesaid, the production of the certificate of title or a certified copy thereof shall be an absolute bar and estoppel to any such action against the person named in such certificate of title as owner or lessee of the land therein described. Indemnifi- cation of person deprived of land by fraud, etc. Action of damages Proviso: except in case of fraud, etc., defendant not liable for damages Protection of bona fide purchasers on mortgagees Exception 105. After a certificate of title has been granted therefor any person deprived of any land in consequence of fraud or by the registration of any other person as owner of such land, or in consequence of any fraud, error, omission, or misdescription in any certificate of title or in any memorandum thereon or upon the duplicate thereof, may, in any case in which the land has been included in two or more grants from the Crown, bring and prosecute an action at law for the recovery of damages against such person as a judge appoints, and in any other case against the person upon whose application the erroneous registration was made, or who acquired title to the land in question through such fraud, error, omission, or misdescription: Provided always that except in the case of fraud or error occasioned by any omission, misrepresentation, or misdescription in the application of such person to be registered as owner of such land, or in any instrument executed by him, such person shall, upon a transfer of such land hona fide for value, cease to be liable for the payment of any damages which but for the transfer might have been recovered from him under the provisions hereinbefore contained, and such damages, with costs, may in such last men- tioned case be recovered out of the assurance fund hereinafter provided for, by action against the registrar as nominal defendant. 106. Nothing in this Act contained shall be so interpreted as to leave subject to action for recovery of damages as aforesaid, or to action of ejectment, or to deprivation of land in respect to which he is registered as owner, any purchaser or mortgagee hona fide for valuable consideration of land under this Act on the plea that his transferrer or mortgagor has been registered as owner through fraud or error or has derived title from or through a person registered as owner through fraud or error, except in the case of misdescription as mentioned in section one hundred and four. Action against registrar as nominal defendant in certain cases 107. If the person against whom the action for damages is directed to be brought as aforesaid is dead or cannot be found within the province, an action for damages may be brought against the registrar as nominal defendant for the purpose of recovering the amount of the said damages and costs against the said assurance fund; and in any such case, if final judgment is recovered and also in any case in which damages are awarded in any action as aforesaid and the sheriff makes a return of mdla bona or certifies that any portion thereof, with costs awarded cannot be recovered from such person, the Provincial Treasurer upon receipt of a certificate of the judge before whom the said 164 HEAL PROPEETY Cap. 24 1906 actioa was tried shall pay the amount of such damages and costs ^^^^^^ as are awarded or the unrecovered balance thereof as the case damages may be and shall charge the same to the account of the saidl™^£^™' assurance fund. 108. Any person sustaining loss or damage through any Action of omission, mistake or misfeasance of the inspector of land titles agSnfr offices, or a registrar, or any of his officers or clerks, in the execution J^eeja^ar as of their respective duties under the provisions of this Act, and defendant, any person deprived of any land by the registration of any other ^rpS^ person as owner thereof or by any error, omission or misdescription "J^'^^" '^■ in any certificate of title or in any memorandum upon the same officers or upon the duplicate certificate thereof, and who, by the provisions of this Act, is barred from bringiag an action of ejectment or other action for the recovery of the land, may in any case in which remedy by action for recovery of damages hereinbefore Recovery of provided is barred, bring an action against the registrar as nominal d^ag™^^ defendant, for recovery of damages; and if the plaintiff recovers a"" fmd'' final judgment against such nominal defendant the judge before whom such action is tried shall certify to the fact of such judg- ment and the amount of the damages and costs recovered and the Provincial Treasurer shall pay the amount thereof to the person entitled on production of an exemplification or certified copy of the judgment rendered and shall charge the same to the account of the said assurance fund; Provided always that notice in writing of every such action, and Proviso: the cause thereof, shall be served upon the Attorney General, and Jveato" also upon the registrar, at least three calendar months before theQe^e^^ajj^ commencement of such action. to registrar 109. If in any such action judgment is given in favour of the wiien costs nominal defendant, or the plaintiff discontinues or becomes non-^^,^^*° suited, the plaintiff shall be liable to pay the full costs of defending defendant the action; and the same when taxed shall be levied in the name of the nominal defendant by the like process of execution as in ordinary civil cases. 110. No action for recovery of damages sustained through P'^n^on deprivation of land shall lie or be sustained against the registrar agSL™ or against the assurance fund aforesaid unless the same is com-J^f^'^"" menced within the period of six years from the date of such i^^ deprivation: Provided nevertheless that any person under the disability of 1"™™°: infancy, lunacy or unsoundness of mind may bring the action Sbmty within six years from the date on which the disability ceased; and the plaintiff in the action within six years from the date on which such disabihty ceased, and the plaintiff in any such action at Case of whatever time it is brought, and the plaintiff m any action for thei|f|gf J^^g^^ recovery of land shall be nonsuited in any case in which it appears to the satisfaction of the judge before whom such action is tried that the plaintiff or the person through or under whom he claims title had notice by personal service or otherwise was aware of such delay and wilfully or coUusively omitted to lodge a caveat or allowed the caveat to lapse. 165 1906 Cap. 24 REAL PROPERTY Recovery of money paid out of aaaur- anoe fund Proof of debt If debtor ia not in the province Judgment by default And to be final Execution 111. Whenever any amount has been paid out of the said assurance fimd on account of any person the amount may be recovered from him, or if 3ead, from the estate of such person, by action against his personal representatives, in the name of the registrar; and a certificate signed by the Provincial Treasurer of the payment out of the said assurance fund shall be suflBcient proof of such debt; and whenever any amount has been paid out of the assurance fimd aforesaid on accoimt of any person who has absconded or who cannot be foimd within the province and has left any real or personal estate within the same, a judge upon the application of the registrar and upon the production of a certificate signed by the Provincial Treasurer that the amount has been paid in satisfaction of a judgment against the registrar as nominal defendant, and proof of service of the writ in any of the modes provided by the ordinary procedure in the province, m^y allow the registrar to sign judgment against any such person forthwith for the amount so paid out of the said assurance fimd, together with the costs of the apphcation; and such judgment shall be final, subject only to the right to have such judgment opened up, as may be provided in relation to ordinary procedure in the province, in cases of judgment by default, and the judgment shall be signed in like manner as a final judgment by default in an adverse suit and execution may issue immediately; and if the person has not left real or personal estate within the province sufiicient to satisfy the amount for which execution has issued as aforesaid, the registrar may recover such amoimt, or the un- recovered balance thereof, by information against such jJerson at any time thereafter in the Supreme Court of the North-West Territories or such other court as may hereafter be constituted, exercising within the province the jurisdiction, powers and authority at the date of the passing of this Act exercised therein by the Supreme Comi; of the North-West Territories, at the suit of the Attorney General. Appeal to Judge from acts of registrar Judge's powers 'Costs 113. If any person is dissatisfied with any act, omission, refusal, decision, direction or order of a registrar such person may require the registrar to set forth, in writing under his hand, the grounds of such act, omission, refusal, decision, direction or order, and such person may then apply to the judge of the Supreme Court of Alberta by petition, setting forth the grounds of his dissatisfaction; and the judge, having caused the registrar to be served with a copy of the petition, shall have jurisdiction to hear the said petition and to make such order in the premises and as to the costs of the parties appearing upon the petition As the circumstances of the case require. Registrar may refer questions to judge for decision 113. Whenever a question arises with regard to the perform- ance of any duty or the exercise of any fimction by this Act conferred or imposed upon a registrar, or whenever in the exercise of any duty of a registrar a question arises as to the true construc- tion or legal vaUdity or effect of any instrument, or as to the persons entitled, or as to the extent or nature of the estate, right or interest, power or authority of any person or class of persons, or as to the mode in which any entry or memorandum ought to be made in the day bbok, or register, or upon any certificate of title or duplicate thereof, or as to any doubtful or uncertain right or interest stated or claimed to be dealt with by the registrar, he 166 HEAL PROPERTY Cap. 24 1906 may refer the same in the form AA in the schedule to this Act to Form a judge of the Supreme Court of Alberta who may allow any of judge's the parties interested to appear before him and summon any other powers of such persons to appear and show cause, either personally or by counsel, attorney-at-law or advocate, in relation thereto; and the judge having regard to the persons appearing before him whether summoned or not, shall decide the question or direct any pro- ceedings to be instituted for that purpose and direct the particular form of entry or memorandum to be made as under the circumstances appears to be just. 114. If it appears to the satisfaction of a registrar that anyi»o^|^o^ duplicate certificate or other instrument has been issued in error etc., the or contains any misdescription of land or boundaries, or that any"^d^nd entry, memorandum or endorsement has been made in error o^f^Yu^u^ te or omitted from any duplicate certificate or other instrvunent, or oertifiSteof that any such duplicate certificate, instrument, entry, meri(id-^*'^'®*°" randum or endorsement has been fraudulently or wrongfully obtained, or that any such duplicate certificate or instrvunent is fraudulently or wrongfully retained, or if under any of the pro- visions of this Act the registrar requires a duplicate certificate for the purpose of making any memorandum thereon or for the purpose of wholly or partially cancelling the same, he may, by written, demand in the form BB in the schedtde to this Act, to Form be served upon such person or to be mailed to his last known post ofi&ce address within the province, require the person to whom such duplicate certificate or instnunent has been so issued or by whom it has been so obtained or is retained, to deliver up tl^e same for the purpose of being cancelled, corrected or completed as the case requires; and in case such person refuses or neglects to comply with such requisition, or cannot be found, the registrar may apply to a judge to issue a smnmons for such person tOofj^d™^™ appear before him and show cause why such duplicate certificate ™* o™^ or other instrument should not be delivered up to be cancelled, corrected or completed as aforesaid, and if such person, when served personally or in the mode directed in such sununons with the summons, neglects or refuses to attend before the judge at the time therein appointed the judge may issue a warrant authorizing and directing the person so summoned to be apprehended and''^a"a°t brought before the said judge for examination. of arrest (2) .If it appears to the satisfaction of the registrar that any duplicate certificate of title or other instrument has been issued in error or contains any misdescription, or that any entry or endorsement has been made in error on any certificate of title or other instrument, or that any such certificate, instrument, entry or endorsement was fraudulently or wrongfully obtained, he may, whether such certificate or instnmient is in his custody or has been produced to him in answer to a demand, so far as practicable without prejudicing rights conferred for value, cancel or correct any error in such certificate of title or other instrument, or in any entry made thereon or in any memorial, certificate, exemplifi- cation or copy of any instrument made in or issued from the land titles office, and may supply entries to be made: Provided always that in the correction of any such error he shall not erase or render illegible the original words, and he shall affix the date upon which such correction was made or entry tsupplied. 167 1906 Cap. 24 REAL PROPERTY (3) Every certificate of title so corrected, and every entry so corrected or supplied, shall have the like validity and effect as if such error had not been made or such entry omitted. Examination by judge When judge may order imprisonment Cancellation or correction of instru- ment by judge's order 115. Upon the appearance before a judge of any person sum- moned or brought up by virtue of a warrant as aforesaid the judge may examine, such person upon oath and in case it appears right so to do may order such person to deliver up the duplicate certificate or other instrument as aforesaid; and upon refusal or neglect by such person to deliver up the same, pursuant to the order, or to be put under oath, or to be examined, or to answer any question touching the matter after being sworn, may commit such person to the nearest common jail for any period not exceed- ing six months, unless the duphcate certificate or other instrument is sooner delivered up or sufficient explanation is made why the same cannot be done, and in such case, or in case such person has- absconded so that summons cannot be served upon him as hereinbefore directed, or in case a period of three months from the time of maiUng the said demand to such person has elapsed without the duplicate certificate or other instrument having been returned to the registrar, the judge may direct the registrar to cancel or correct or complete the duplicate certificate or other instrument in his possession or any memorandum thereon relat- ing to the land and to substitute and issue if necessary a duplicate certificate or other instrument or make such memorandmn as the circmnstances of the case require, and the registrar shall obey such order. Other powers of judge 116. In any proceeding respecting land or in respect of any transaction or contract relating thereto, or in respect of any instrument, caveat, memorandmn or entry affecting land, the judge by decree or order may direct the registrar to cancel, correct, substitute, or issue any duplicate certificate, or make any memo- randmn or entry thereon or on the certificate of title and other- wise to do every act necessary to give effect to the decree or order. ASSURANCE FUND AND FEES. Fees payable in advance Amount exigible for assurance fund 117. Before the registrar shall perform any duty to be by him performed imder any of the provisions of this Act he shall, except as herein otherwise provided, demand and receive the proper fees or fee therefor as fixed and settled by tariff made from time to time by the Lieutenant Governor in Council; and demand and receive for the assurance fund upon every absolute transfer of land after the issue of the first certificate of title therefor, where the land was not encmnbered at the time of registering the grant, one-fifth of one per cent, of the value of the land transferred if such value amounts to or is less than five thousand dollars, and one-tenth of one per cent, on the additional value, when such value exceeds five thousand dollars; and upon every subsequent transfer he shall demand and receive upon the increase of value since the granting of the last certificate of title one-fifth of one per cent, if the increase is not more than five thousand dollars, and one-tenth of one per cent, on any excess over such five thousand dollars. 168 EEAL PKOPERTY Cap. 24 1906 (2) The value of land and improvements for the purpose of this Act and of The Unearned Increment Tax }Act shall be ascer- tained by the oaths or affirmations of the transferror and trans- feree of such land or of such other person or persons on behalf of either or both of them as the registrar believes to be acquainted with the value of the land and whose oath or affirmation he is mlling to accept. (3) Such oaths or affirmations may be in form II in the schedule of this Act, and shall be necessary in all cases where any new duplicate certificate of title is required to be issued whether or not any fees are payable in respect to such land imder the provisions of this section or of The Unearned Increment Tax Act. (4) If the value of the land or of the improvements as set out in the affidavit sworn by or on behalf of the transferror and transferee respectively are not the same, or if for any other reason the valuations are unsatisfactory to the registrar he shall cause a valuation to be made by an inspector of transfers and such valuation shall be taken to be the value of such land or improve- ments and shall bind the parties to the transfer. Ilia. The Lieutenant Gtovernor in Council may appoint one or more inspectors of transfers and it shall be the duty of such inspectors to investigate such valuations as the registrars of land titles may require and report thereon, and to perform such other duties as the Lieutetiant Governor in Council may from time to time assign to them. 1913, (2nd Session), c. 2, s. 9 (2). 118. Each registrar shall keep a correct account of all sums Accounting of money received by him in accordance with the provisions of *°^™'^®y° this Act and shall pay the same to the Provincial Treasurer at such times and in such manmer as directed by the Lieutenant Governor in Council. 119. The government of the province may accept and receive Government from the Government of Canada or from the Governor in Coimcil ^Sranife^und of Canada such portion of the assurance fund formed under the^^^^"* Act of the ParUament of Canada known as The Territories igeaZ former acts Property Act and continued as the assurance fund by the Act of the Parhament of Canada known as The Land Titles Act, 1894, as the said Government of Canada or Governor in Council of Canada may assign, transfer or pay over to the Government of the province and for the piuTJOse of carrying the provisions of this section into effect the Lieutenant Governor in Council may by order provide for the adjusting of all questions arising between the government of the province and the Government of Canada in connection with the assignment, transfer or payment over of such portion of the said assurance fund as aforesaid including the giving or executing on behalf of the province all such contracts of indemnity or otherwise as may be found necessary or expedient. 130. The assiu-ance fund herein provided for shall be formed ^"^^^^ by the Provincial Treasurer from the amounts paid to and received fund under by him for that purpose by and from the registrars as herein-* "* 169 1906 Cap. 24 HEAL PEOPEETY Disposition of assurance fund before provided and by investing the same together with all interest and profits accured thereon from time to time in securities approved of by the Lieutenant Governor in Council: Provided that said assurance fund may be invested in securities or obhgations of the Province of Alberta. (2) When the said fund shall have reached the sum of $75,000, any sum in excess of the said amount may, by direction of the Lieutenant Governor in Council, from time to time be transferred to and form part of the consolidated revenue fimd of the province. Cases when assurance fund is not liable for damages Exceptions Amount of liability 131. The assurance fund shall not imder any circumstances be liable for compensation for any loss, damage or deprivation occasioned by thie breach by any owner of any trust, whether expressed, imphed or constructive; nor in any case in which the same land has been included in two or more grants from the Crown; nor shall the assurance fund be liable in any case in which loss, damage or deprivation has been occasioned by any land being included in the same certificate of title with other land, through misdescription of the boundaries or parcels of any land, unless in the case last aforesaid it is proved that the person liable for compensation and damages is dead or has absconded from the province or has been adjudged insolvent, or the sheriff has certified that he is not able to realize the full amount and costs awarded in any action for such compensation; and the said fund shall be liable for such amoimts only as the sheriff fails to recover from the person liable as aforesaid. Registrar may in certain cases substitute one certi- cate for several 133. Upon the application of an owner of several parcels of land held imder separate certificates of title, or imder one certifi- cate of title, and the delivery up of the duplicate certificate there- for to him, the registrar may cancel the existing certificate or certificates of title granted, as also the duplicate certificates so delivered up, and grant to the owner a single certificate of title for all the parcels of land, or several certificates of title each applying to one or more of the parcels, in accordance with the application; upon which certificates of title respectively shall be entered a memorandum of each and every encumbrance, lien, charge, mortgage or other instrument affecting such parcel or parcels of land, setting forth the occasion of the cancelation and referring to the certificate of title so granted; and thereupon the registrar shall issue to the applicant one or more duplicate certificates as the case requires: Provided that no one certificate issued to any person under this section shall include or refer to a greater area than six himdred and forty acres of land. Case when the duplicate certificate of title is lost or destroyed 133. Upon production to the registrar of satisfactory proof by statutory declaration by the person to whom a duplicate certificate has been issued or by some one having knowledge of the facts, of the accidental loss or destruction of the duplicate certificate so issued, the registrar, having in the newspaper published nearest to the land described in the register, or if more newspapers than one are published in the same locality then in one of such news- papers, and in a conspicuous place in the land titles office for four weeks, published a notice of his intention to do so, may, 170 REAL PEOPEKTY Cap. 24 1906 having entered in the register the facts 'as proven, issue a fresh duplicate certificate in lieu of the one so lost or destroyed, noting upon the same why it is so issued: Proided that the publication of such notice in a newspaper Registrar as above provided, or of any notice, may be dispensed with if pe^ with the registrar is satisfied as to the loss or destruction of the duplicate "'°''<» certificate so issued and that notice of the issue of another duplicate certificate in lieu of such lost or destroyed certificate in a news- paper or otherwise is uimecessary. 134. Any owner subdividing land, for which a certificate of '"^^^^^^ title has been granted, for the purpose of selling or conveying the of land into same in allotments shall deposit with the registrar a plan in^Mtd^lOTit triplicate, on tracing linen not exceeding twenty-nine inches inp'*" width, of the land on a scale of not less than one inch to every Kind and four chains, and the scale shall be marked on the plan; the plan °"'® °' "'*'' shall be a fair specimen of draughtsmanship, to the satisfaction of the examiner of surveys, and shall not be accepted if any part of the lettering thereon has been done by means of rubber stamps or machine printing; the] plan shall show in black India ink the i'^ boundaries, nmnbers and other distinguishing marks of the lots what plan laid out thereby, and shall show the number of the section, town-™""**"" ship and range or the number of the river lot, or the name of the district or reservation, as the case may be, in which the land lies, also the number of the meridian west of which the said range, river lot, district or reservation is situated, as well as all boundary lines of the quarter section, section, sections or river lot, which contain the subdivided land shown on the said plan; the plan shall show all monuments, posts or marks by which the outside boundaries of the land shown on the plan are determined; where the plan is a subdivision of a lot or lots on a former plan, it shall show in orange ink or in scarlet vermilion paint the numbers or other distinguishing marks of the lot or lots subdivided and the boundary lines of such lot or lots; the plan shall also show dis- tinctly all roads, streets, passages, thoroughfares, squares or reser- vations appropriated or set apart for public use, with the courses and widths thereof respectively, the length and width of all lots, and the courses of all division lines between the respective lots within the same, together with such other information as is required to show distinctly the position of the land being sub- divided; each lot shall be marked with a distinct number or symbol; and the plan shall further show the courses of all streams of water within the limits of the land included in the plan; and every plan shall be signed by the owner or his agent, or where the Attestation owner is a corporation by the chief oflScer of the corporation, and "' "'*" certified in black india ink in the form CC in the schedule to Form this Act by an Alberta land surveyor, whose respective signatures shall be duly witnessed and attested in the manner hereinbefore provided for the attestation of instruments to be registered under this Act. One triplicate of the plan shall forthwith be transmitted by the registrar to the Department of Public Works. (2) The registrar before filing a plan may require evidence Registrar to be given explaining any seeming discrepancy between the^denra""^ measurements on the plan and the description of the land in the™p=""™e register or the measurements on any former plan, or may require''*" evidence on any other matter which he considers requires to be explained. 171 1906 Cap. 24 REAL PROPERTY Plana and BUTVevB and tne coirection thereof Flan of city or town Bubdivisiona to comply with regula- tions of such city or town (3) In no case shall any plan or survey, although filed and registered, be binding on the person so filing or registering the same, or upon any other person unless a sale, mortgage, encum- brance or lease has been made according to such plan or survey; and in all cases cancellation in whole or in part or amendments or alterations of any such plan or sm-vey may be ordered to be made at the instance of the person filing or registering the same or of any person deriving title through him of any land shown on such plan or survey, by a judge, if on appUcation for the purpose duly made and upon hearing all parties concerned it be thought fit and just so to order and upon such terms and conditions as to costs and otherwise as may be deemed expedient and the judge may make such order as to the vesting or revesting of any land included in such plan as he may think fit: Provided that the provisions of this section shall apply to any plan which was formerly filed or registered in the land titles oflSice for any registration district in the North- West Territories, now within the Province of Alberta, whether a certificate or certificates of title have been granted or not for the lands shown on such plan, or for any part of such lands. (4) No plan of subdivision of any land shall be registered unless it conform in all respects to the regulations of the Depart- ment of Public Works with regard thereto. (5) The registrar shall not accept transfers or mortgages of parcels of land within the limits of any plan registered in the land titles office under this section, unless the boundaries of such parcels are delimited on the plan, or until a new plan shall have been registered under this section showing the said boundaries and distinguishing the said parcels by numbers or letters, if, in his opinion, the registration of such transfer would have the effect of nullifying the provisions of the preceding subsection. (6) No plan of subdivision of any encumbered land shall be registered unless the same be approved and signed by the encum- brancee or encmnbrancees. Nor unless it is accompanied by a discharge of all encumbrances affecting the lands required to be reserveid for public purposes under The Public Works Act, and the regulations made thereunder. 1914, c. 2, s. 9. (7) No lots shall be sold under agreement for sale or otherwise according to any townsite or subdivision plan until after the same has been duly registered in the land titles office for the registration district in which the land shown on said plan is situate, providing that this section shall not apply to any plan now in existence and approved by the Minister. (8) For every violation of the preceding subsection the offender shall be guilty of an offence and on summary conviction shall be hable to a fine of not less than $50.00 and not more than $100.00 and costs for each lot sold under agreement for sale or otherwise. 1913 (2nd Session), c. 2, s. 9. (8a) Upon the filing of an original or amended or substituted plan of subdivision the lands finally shown to be reserved for public purposes, as required by The Public Works Act, and the regulations made thereunder, shall vest in the Crown in the right of the proAdnce, and the registrar shall cancel the areas so shown on such plan from the original and duplicate certifi- cates of title, and he shall issue a certificate of title for such lands 172 KEAL PKOPEKTY Cap. 24 1906 to the Minister of Public Works representing His Majesty in the right of the province and forward the duplicate thereof to the said Minister. 1914, c. 2, s. 9. (8a) No party to any sale or a^eement for sale shall be entitled in any civil action or proceeding to rely upon or plead the provi- sions of subsection 7 of this section, if the plan of subdivision by reference to which such sale or agreement for sale was made was registered when such action or proceeding was commenced, or if, pursuant to the arrangement between the parties, it was the duty of the party who seeks to rely upon or plead the provisions of such subsection to himself register such plan of subdivision or cause the same to be registered. 1915, c. 2, s. 25. (86) The costs of pending proceedings to which subsection 8a applies shall be disposed of as if the said subsection had not been passed. 1915, c. 2, s. 25.' (9) Any certificate so forwarded to the Minister of Public Works may, with his written consent, be cancelled, or amended, or a new certifica,te substituted therefor if the plan of subdivision under which it was issued is withdrawn, amended, or displaced. 1914, c. 2, s. 9. ROAD ALLOWANCES. 135. In the following six sections the word "road" shall be, Koad unless the context otherwise requires, taken to mean and to refer to any old trail which existed prior to the subdivision of the land which it crosses into sections or any road allowance diversion or new road. 136. Upon the filing in the land titles ofiice of the plans of Lands on surveys of any road as provided for in The Public Works Act, the t^vMUn""'**'* lands shown on such plans so far as the same are not Dominion*^"'™ lands shall vest in the Crown in the right' of the province subject to the right of any person who has acquired any interest in the said lands, so far as the same are taken for any road allowance diversion or new road, to compensation for such interest. (2) The Crown shall not be entitled to any mines or minerals, whether solid, liquid or gaseous, which may be found to exist within, upon or under any land vested in the Crown under the provisions of this section, unless the same are expressly pin-chased, and the title to any such mines or minerals shall in nowise be affected by the filing of any plans of survey as provided herein. 137. The provisions of The Public Works Act with regardcompen- to the allowance of compensation for lands required for public °°'*""' works and the provisions as to procedure in the said Act contained with regard thereto shall obtain in all applications for compen- sation made imder this Act. 138. Whenever the plan of the survey in paragraph 126 hereof Registrar mentioned is forwarded to the registrar of the proper land titles a?e°a''SSt'of office by the PubUc Works Department the registrar shall call in "f";^,''***' the duplicate certificates of title for all patented lands affected" thereby, in the manner set forth in section 114 of this Act, but if the registered owner refuses or neglects to return the duplicate certificate of title within thirty days after the demand has been 173 1906 Cap. 24 REAL PROPERTY mailed to him the registrar shall proceed to file the plan and shall cancel the area required for the road as shown on such plan from the original certificates in his office and from the duplicates that may have been or may otherwise be returned to him and shall issue a certificate of title for the road to His Majesty in the right of the province and forward the duplicate thereof to the Minister of Public Works. Where no certificate iaaued regiatrar to cancel area out of cer- tificates as they are issued 139. If a certificate of title has not been issued for any lands affected by a road, . as shown by the plan which has been for- warded to the registrar by the Public Works Department pvu-suant to the provisions of this Act, the registrar shall cancel the area required for the road as shown on such plan from the certificates of title as they are issued and from the duplicates before they are delivered to the owners and shall issue new certificates of title for the area so cancelled, as provided in the preceding section hereof unless the grant of the land is issued subject to the road shown on the plan. Filing of corrected plan Certificate to be returned 130. Wherein any plan filed as mentioned in section 126 hereof or heretofore filed by the Department of Public Works of the North- West Territories or of the province it is made to appear to the satisfaction of the registrar that manifest, technical or other error has intervened, the registrar may permit such plan to be withdrawn and a correct plan substituted therefor; and the pro- visions of sections 126 to 129 both inclusive hereof shall apply to such corrected or substituted plan upon the same being filed: Provided, however, that where a certificate or certificates of title to the land shown upon the plan which it is desired to with- draw has or have been issued to the Crown no such plan shall be withdrawn until such certificate or certificates shall have been returned to the registrar who shall cancel the same and issue another certificate or other certificates of title in the place and stead thereof to His Majesty in the right of the province for the land shown upon corrected or substituted plan; and the effect of said cancellation and reissue (and the effect of said withdrawal and substitution in cases in which no certificate of title hte been issued to the Crown of the lands shown upon the plan so with- drawn) shall be to revest in the person or persons from whom such lands may have been divested by the plan that is so with- drawn or in his or their heirs, executors, administrators or a;ssigns, such part of the lands so divested as is not shown upon the cor- rected plan so substituted, and the registrar shall so notify such person or persons and shall cancel the cancellation if any made by him upon the original certificate of title in his office and upon the duplicate thereof when it is returned to him and shall cancel out of the original certificate and duplicate the area shown upon the corrected and substituted plan so ffied. Implied covenants may be negatived or modified 131. Every covenant and power declared to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument; and in any action for a supposed breach of any such covenant the covenant alleged to be broken may be set forth and it shall be lawful to allege that the party against whom the action is brought did so covenant, precisely in the same manner as if the covenant had been expressed in 174 REAL PROPERTY Cap. 24 1906 words in the transfer or other instrument, any law or practice to the contrary notwithstanding; and every such implied covenant shall have the same force and effect and be enforced in the same ^^^j^ ^g^^ manner as if it had been set out at length in the transfer or other instrument; and when any transfer or other instrument in accord- ance with this Act is executed by more parties than one such^j^^yy^j covenants as are by this Act to be implied in instruments of a like the parties nature shall be construed to be several and not to bind the parties noTJomtiy jointly. 133. The owner of any land for which a certificate of title has owner must been granted or of any lease, mortgage or charge affecting the^"^"^^"^ same, shall on appHcation of any beneficiary or person interested benefioi^ therein be bound to allow his name to be used by such beneficiary his name or person in any action, suit or proceeding which it may be necessary or proper to bring or institute in the name of such owner concerning such land, lease, mortgage or charge, or for the protection or benefit of the title vested in such owner, or of the interest of any such beneficiary or person; but nevertheless such owner shall in any case be entitled to be indemnified in like manner But shau as, if being a trustee, he would before the passing of this Act, JJl^j^^gg^ have been entitled to be indemnified in a similar case of his name being used in any such action, suit or proceeding by his cestui que trust. 133. Whenever any person who if not under disability might GuardiM or have made any application, given any consent, done any act, or m^™ t for been party to any proceeding imder this Act, is a minor, idiot g^gg;""'*^'' or lunatic, the guardian or committee of the estate, respectively, of such a person may make such application, give such consent, do such act, and be pa,rty to such proceeding as such person if free from disability might have made, given, done and been party to, and shall otherwise represent such person for the purposes of this Act; and whenever there is no guardian or conomittee of the estate of any such person aforesaid being infant, idiot or lunatic, or whenever any person, the committee of whose estate if he were if no guar- idiot or limatic, would be authorized to act for and represent such^*"!;^^^- person under this Act, is of unsound mind and incapable of manag- may anoint ing his affairs but has not been found an idiot or limatic under remove Mm inquisition, a court or a judge may appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time change such guardian. And wherever the <:ourt or a judge sees fit it or he may appoint a person to act ■as the next friend of a married woman for the purpose of any Next friend proceeding under this Act, and from time to time remove orwoSt?'^'^ chaijige such next friend. 134. Whenever in any action, suit, or other proceeding affect- ^ow^pur- ing land for which a certificate of title has been granted it becomes for valuable necessary to determine the fact whether the transferee, mortgagee, m^bl"*'™ encumbrancee, or lessee, is a purchaser, transferee, mortgagee, p™y^"i '" =■" encumbrancee, or lessee, for valuable consideration or not, any person who is party to the action, suit or other proceeding may give in evidence any transfer, mortgage, encumbrance, lease or other instrument affecting the land in dispute, although the same ^ not referred to in the certificate of title or has been cancelled by the registrar. 175 1906 Cap. 24 HEAL PROPERTY Person deal- ing with registered owner is not bound to inquire into the circum- stances, etc., of acquisition by owner 135. Except in the case of fraud no person contracting or dealing with or taking or proposing to take a transfer, mortgage, encumbrance or lease from the owner of any land for which a certificate of title has been granted shall be boimd or concerned to inquire into or ascertain the circumstances in or the considera- tion for which the owner or any previous owner of the land is or was registered or to see to the application of the purchase money or of any part thereof, nor shall he be affected by notice direct, implied or constructive, of any trust or unregistered interest in the land, any rule of law or equity to the contrary notwithstanding; and the knowledge that any trust or unregistered interest is^in existence shall not of itself be imputed as fraud. Effect of duplicate certificate of title as evidence in suit by the owner of specific performance 136. In any suit for specific performance brought by an owner of any land for which a certificate of title has been granted against a person who has contracted to piu'chase the land not having notice of any fraud, or other circumstances which according to this Act would affect the right of the transferrer, the duplicate certificate of title of the owner shall be evidence that the owner has a good and vahd title to the land for the estate or interest therein mentioned or described. Trustees and joint owners Insertion of words "no survivor- ship" in transfers, etc. Effect of these words Order of court 137. Upon the transfer of any land for which a certificate of title has been granted to two or more persons as joint owners, to be held by them as trustees, it shall be lawful for the trans- ferrer to insert in the transfer or other instrument the words "no survivorship"; and the registrar shall in such case include such words in the duplicate certificate issued to such joint owners pursuant to the transfer and in the certificate of title; and any two or more persons so registered as joint owners of any land held by them as trustees may by writing under their hand authorize the registrar to enter the words "no survivorship" upon the duplicate certificate and also upon the certificate of title; and after such entry has been made and signed by the registrar in either such case as aforesaid it shall not be lawful for any less number of joint owners than the nimtiber so entered to transfer or otherwise deal with the land without obtaining the sanction of the court or of a judge by an order on motion or petition. Powers of court after notice given Notice of 138. Before making any order as aforesaid the court or judge '" "'^ ^ shall, if it seem requisite, cause notice of intention so to do to be properly advertised, and in such case appoint a period of time within which any person interested may show cause why the order should not be made; and thereupon the said coiu^ or judge may order the transfer of the land to any new owner or owners, solely or jointly with or in the place of any existing owner or owners, or may make such order in the premises as the court or a judge thinks just for the protection of the persons beneficially interested in the land or in the proceeds thereof; and upon such Memorandum being deposited with the registrar he shall make a memorandum to be made thereof upon the certificate of title and upon the duplicate certifi- cate when the same is produced to him; and upon such memorandum beisg made the person or persons named in the Effect order shall be the owner or owners of the land. 176 REAL PROPERTY Cap. 24 1906 139. Nothing contained in this Act shall take away or affect Jurisdiction the jurisdiction of any competent court on the ground of actual cas™"^^ '" fraud or over contracts for the sale or other disposition of land for '"""i' «*"• which a certificate of title has been granted. 140. The Lieutenant Governor in Council shall from time to Lieutenant time provide the necessary books, forms, and other office requisites ,°''co™oU and shall make such rules and regulations as are necessary to*^^^|^ carry out the provisions of this Act; and shall also make such and make' rules and regulations as to him appear necessary for giving effect "b^**'""* to this Act, in cases unprovided for, according to its true intent and purpose. 141. Proceedings imder this Act shall not abate or be suspended ^jo"^^^ by any death, transmission or change of interest, but in any in case of such event a judge may make such order for carrying on, dig. ; , of , the person appointed to execute the process hereinafter mentioiled, in pursuance of a writ dated the day of , , 191 1906 Cap. 24 heal pkopekty one thousand nine hundred and and issued out of (insert name of court), a court of competent jiuisdiction, in an action wherein is the plamti£F, and the defendant, which said is registered as the owner of the land hereinafter described, subject to the mortgages and encumbrances notified hereunder, do hereby in consideration of the sum of paid to me, as '. aforesaid, by E.F. (insert addition) TRANSFER to the said E.F. all that piece of land (here insert a sufficient description of the land, and r^er to the debtor's certificate of title or grant). Dated the day of one thousand nine hundred and Signed by the above named] ;...., in presence I of I (Signature with official seal.) Mortgages and encumbrances referred to. (State them.) Or FORM V. (Section 82.) TRANSFER OP LAND ON SALE FOR TAaES. I, , of • , by virtue of authoritj^ vested in me to sell lands for arrears of taxes by do hereby in consideration of the sum of paid to me by E.F. (inseH addition) TRANSFER to the said E.F. all that piece of land being (here insert a sufficient description of the land and r^er to the certificate of tide). Dated the ■. day of one thousand nine hundred and Signed by the above named ] , in presence [ of . . .■ J (Signature with official seal.) Or FORM V. (Section 79.) TRANSFER OF LEASE, MORTGAGE OR ENCUMBRANCE UNDER PROCESS OF LAW. I, , of , the person appointed to execute the writ hereinafter mentioned (or otherwise, as the case may he), in pursuance of a writ of fieri facias, tested the day otf. one thousand nine hundred a^d , .ajid issued out of (insert name of court), a court of competent jurisdiction, in an action wherein. is the plaintiff and tSie , defendant, which said is registered as the oWner of a lease (mortgage or encumbianc^ as the case may be) numbOTe,d of (or upon) the land hereinafter described, _ subject to the mortgages or encumbrances notified hereunder, do hereby in consideration of the sum of paid to me as aforesaid, by E.F. (inseH addition) TRANSFER to the said E.F. the lease, (mortgage or encimibrance) granted by to and in favour of , dated the day of to, in and over (h&re describe the land according to the description in the lease, mortgage or encumbrance, and refer to the registered instrument). Dated the day of , one thousand nine hundred and Signed by the above named , in presence of (Signature with official seal.) 192 REAL PROPEETY Cap. 24 1906 Or FORM V. (Section 79.) THANSFER OF LAND UNDER DECREE OR ORDBIt OF A COtTRT OF COMPETENT JURISDICTION. I (inserl name), in pursuance of a decree (or order) of (insert name of court), a court of competent jurisdiction, dated the .day of _ one thousand nine hundred and , and entered in the register, vol , fol hereby TRANSFER to E.F. (insert addition), subject to the mortgages and encumbrances notified hereunder, all that piece of land being (here insert a sufficient descri'^tion of the land and refer to the certificate of title or grant.) Dated the day of , one thousand nine hundred and Signed by the above named' , m presence (Signature with official seed.) Mortgages and encumbrances referred to. (Stale^ them.) Or FORM V. (Section 79.) TRANSFER OF LEASE, MORTGAGE OR ENCUMBRANCE, UNDER DECREE OR ORDER OF A COURT OP COMPETENT JURISDICTION. I (insert name), in pursuance of a decree (or order) of (insert name of court), a court of competent jurisdiction, dated the day of , one thousand nine hundred and , and entered in the register, vol , fol hereby TRANSFER to E.F. (insert addition), subject to the mortgages and encumbrances notified hereunder, the lease (or mortgage or encumbrance, as the case may be) granted by in favour of of (or upon) all that piece of land (here insert description of the land according to the description in the lease, mortgage or encumbrance, and refer to the registered mstrwmeni). Dated the day of one thousand nine hundred and Signed by the above named 1 , m presence of J (Signature vrith official seal.) Mortgages and encumbrances referred to. (State them.) FORM W. , (Section 84.) CAVEAT FORBIDDING REGISTRATION. To the Registrar for Take notice that I (insert name and addition of caveator) claim (specify the estate or interest daimsd) in (describe land and refer to certificate of title), standing in the register in the name of ; and I forbid the registra- tion of any person as transferee or owner of, or of any instrument affecting the said estate or interest, unless such instrument be expressed to be subject to my claim. I appoint as the place at which notices and proceedings relating hereto may be served. Dated this day of , 19 (Signature of Caveator or his Agent.) 193 1906 Gap. 24 heal property FORM X. (Section 85.) AFFIDAVIT IN SUPPORT OF CAVEAT. I, (the Caveator or his Agent), make oath and say (or solemnly declare) as follows: 1. I am the within-named caveator (or agent for the above named caveator). 2. I believe that I have (or the said caveator has a good and valid claim upon the said land (mortgage or encumbrance), and I say that this caveat b not being fiWi for the purpose of delasoiig or embarrassing any person interested in or proposing to deal thereiwith. Sworn, before me, etc. FORM Y. (Section 89.) NOTICE TO CAVEATOR TO TAKE PROCEEDINGS ON CAVEAT. Take notice that the caveat lodged by you in the Land Titles Office for the district of on the •..■.■. day of 19 forbidding the registration of any person as transferee or owner of or of any instrument affecting the estate or interest claimed in your caveat in repect of (describe land and refer to certificate of title) unless such instrument be expressed to be subject to your claim, will cease to have any effect after the expiration of sixty days (or such shorter time as the judge may order) next ensuing the date at which this notice is served or sent to you by registered mail, unless in the meantime you take proceedings in court on your caveat. This notice is given pursuant to spction 89 of The Land Titles Act. Dated at the day of 19.... To (the caveator). at (address stoM in the caxeat). (Signature of person giving the notice.^ FORM Z. (Section 102.) AFFIDAVIT OF ATTESTATION OF AN INSTRUMENT. I, (A.B.) of , in the , make oath and say: 1. I was personally present and did see named in the (witban or annexed) instrument, who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein;. 2. That the same was executed at the in the , and that I am the subscribing witness thereto; 3. That I, ; , loiow the said and he is in my belief of the full age of twenty-one years. N.B. — Where an instrument is executed by an attorney under the provisions of section 72, paragraph 3 may be omitted. Sworn before me at , in the this. day of A.D, 19.... (Signature.) 194 EEAL PEOPBKTY Cap. 24 1906 FORM AA. (Sedim 113.) KEPEBENCB BY KEGISTKAK TO THE JTJDQB. {Place arid date.) In the matter of the registration of transfer (or, as the case may be) A.B. to CD. The Registrar under section one hundred and thirteen of The Land TiO^s Act hereby refers the following matter to the judge, to wit: (Here state hi^y the difficulty which has arisen.) _ ■ The parties interested, so far as the Registrar knows or has been informed are: (Here give the names.) (Signature), (Official seal.) Registrar. FORM BB. (Sections 114 and 115.) DEMAND TO RBTTJBN CERTIFICATE OF TITLE. To (name of ovmer or whoever is custodian of certificate). You are hereby required to forward to the Land Titles Office certificate of title No , in favour of (insert owner's name) for (description of land) as the same is required by me pursuant to the provisions of The Land Titles Act for the purpose (purpose for which certificate is rehired and whether or not ly direction of a judge). Your attention is called to the provisions of sections 114 and 115 of the said Act, and the penalty therein provided for neglect or refusal to comply with this demand. A.B., itrar District. FORM CO. (Section 124.) I, , Alberta land surveyor, do solemnly declare that the survey represented by this plan has been made by me in accordance with the provisions of The Alberta Surveys Act, and that this plan is correct and true to the best of my knowledge and belief, and is prepared in accordance with the provisions of The Land Titles Act. Dated at this day of , 19. . . . in the presence of FORM DD. (Section 102.) AFFIDAVIT OF ATTESTATION OF AN INBTEUMENT BY MAKKSMAN. I, A.B., of •. .in the make oath and say: 1. I was personally present and did see named in the within (or annexed) instrument, who is personally known to me to be the person named therein, duly sign and execute the same, by making his mark thereto, for the purposes named therein. 2. That the said instrument was read over and fully explained to the said before the execution thereof and seemed to fuUy understand the same. 195 1906 Cap. 24 REAL PROPERTY 3. That the said instrument was executed at the of in the and that I am the subscribing witness thereto. 4. That I know the said , and he is in my belief of the full age of twenty-one years. Sworn before me at 1 ia the I this day of ( A.D. 19 J (Signature.) N.B. — ^Whiere an instrument is executed by an attorney imder the provisions of Section 72, paragraph 4 may be omitted. FORM EE. (Section 17 (2).) THE LAND TITLES ACT. Land Titles Office, Alberta Land Registration District. Re I hereby certify that on this day of A.D. 19. . . ., a,t o'clock . . . .m.. Certificate of Title Number stood in the name of for the above land subject to the following registered instruments only: i\ •si P| S 6 a o O Registrar, .Alberta Land Registration District. FORM FF. (Section 17 (3).) Land Titles Office. Alberta Land Registration District. I hereby certify that on this day of A.D. 19.... at o'clock m., there are no decrees, orders or executions entered iu the execution register. of the above office, and no instru- ment referring generally to lands entered in any other register of such office, which affects lands of execpting: 196 . rar, Alberta Land Registration District. REAL PBOPERTY Cap. 24 1906 FORM GG. (Section 71.) Alberta Land Registration District. Certificate of Charge. Mortgage or Encumbrance. ^_^_ or Encumbrance No Application No. Ased^ment No Certificate of Title No . This is to certify that a. : made by to for the sum of ; doUars affecting was duly registered in the Land Titles Office at Alberta, on the day of A.D. 19 ... . at o'clock m., and that no registered mortgages or encumbrances affecting the said lands are entitled to priority over the said except the following, that is to say: Dated at the Land Titles Office at - , Alberta, this day of A.D. 19 Registrar. .Alberta Land Registration District. FORM HH. {Section 53a.) I, a Dominion Land Surveyor, do solenmly declare that the survey represented by this plan has been made by me and that the said plan is correct and truie to 'the best of my knowledge and belief and is pr^aored in accordance with the provisions of The Land Titles Act. Dated at this day of 19 in the presence of FORM II. (Section 117.) Canada: province op albehta I, (name in full, no initials) of (Residence), (occupaiion), make oath and say: 1. I am the transferror (or transferree or agent, of the transferror or and liansferee) in the within (or above) transfer mentioned and I know the land above (or within) described. 2. The improvements upon the said lands consist of the following and are of the fair value set out opposite each: Building \ised as a S Building used as a S Building used as a $ (setting out every building.) of fencing . (stating length) Clearing acres Breaking acres crops now upon the lajid acres Garden improvement Well. ... . Other improvements (describing them) Total... $ 197 1906 Cap. 24 real PROPEBTr 3. The land alone, without improvements, is of the fair value of doUars, the total value of the lands, with the improvements, being at the date hereof dollars. " 4. I know the circumstances of the above {or within) transfer and the consideration named therein is the true consideration parsing between the parties. Sworn before me at the city of . . . . in the Province of Alberta, this. (^y of.. A.D. 1913. ;} A commissioner, etc. (1913 (2nd Session), c. 2, s. 9.) FORM WW. To the Registrar for Take notice that I, , the wife of the owner of a homestead within the meaning of section 2 of The Married Woman's Horns Protection Act described as foUows; {describe land by lot and plan or section number) ; and I forbid the registration or any transfer, mortgage, encumbrance, lease or other instrunient made by or on behalf of my said husband affecting the said hbmestead. I appoint as the place at which notices and proceed- ings relating hereto may be served. Dated this day of , 19. . . . {Signature of Caeeator or her Agent.) (1915, c. 4.) ORDER IN COUNCIL. Tariff of Fees Undeh "The Land Titles Act." Edmonton, Thursday, February 22, 1912. His Honour the Lieutenant Governor, by and with the advice of the Execu- tive Council, has been pleased to order that the Tariff of Fees under The Land Tides Act approved of by Order in Coimcil No. 564, 1906, and other Orders in Coimcil amending the same, be repealed, and that the Tariff of Fees hereto annexed be substituted therefor and that the Fees to be exacted by each Registrar of a Land Registration District or by his Deputy or the Acting Registrar (as the case may be), in the event of the death or absence from office of the Registrar, for the services to be done and performed by a Registrar under and by virtue of the provisions of The Land Titles Act, or of any Act or Acts passed in amendment thereof, shall be those which are set out in the said Tariff of Fees. LAND TITLES ACT. — TARIFF OP FEES. By Order in Council passed the twenty-second day of February, A.D. 1912, the Tariff of Fees in force under Order in Council dated the 12th day of October 1906, and amending Orders is repealed and the following tariff "substituted: Fees on Grants from the Crown. 1. Each certificate of title for land granted to a person or company who has obtained a patent under a homestead or under a homestead and pre-emption entry, or under Half-Breed land scrip or military bounty land scrip, in accordance with The Dominion Lands Act and amend- ments' thereto shall be issued, and a duplicate thereof shall be delivered or mailed to the person or company entitled thereto, free of charge. 2. In the case of_ other patentees the fee payable upon the issue of each certificate of title and duplicate, including the deUvery or mailing thereof, to the person or company entitled thereto, shall be $5.00 198 KBAL PROPERTY Cap. 24 1906 Pees on AppUtxUion to Bring Land under the Ad. 3. Each certificate of title issued in accordance with an application made under the provisions of section 27 of the said Act, where at the time of the issue of such certificate the patent is the only instrument in the hands of the registrar affecting the land, shall be issued, and a duplicate thereof shall be delivered or mailed to the person or company entitled thereto for a fee of $2. 00 4. For certificate of title on an application to bring land under the Act in cases other than those provided for in the last item, which shall include the fees to be paid to-the assurance fund, and for the duplicate certificate of title and abstract and all filings, searches and inspections — (o) Where the value of the land does not exceed $500 $6. 00 (6) Where the value is over $500 and up to $1,000 $7. 00 (c) For each additional $500 or fraction thereof imtil the value reached is $5,000, add $1.00 And for each additionar$l,000 thereafter or fraction thereof, add $1.00 (See, however, item No. 38.) Fees on Transmissions. 5. For certificate of title on a transmission, including fees for dupli- cate thereof and for registration, searches and all other services con- nected therewith, but not includiag fees payable to assurance fund. . $5.00 If the land transmitted is included in more than one certificate of title, for entering memorandum on each certificate of title and duplicate thereof after the first certificate $1 . 00 (See, however,' item No. 38.) 6. For entering executor or administrator as transferee or proprietor of a mortgage on a transmission -$1. 00 7. For enteriQg survivor or other person as proprietor in the case of a joint proprietorshij) $1.00 8. For new certificate of title to registered female owner on her marriage, including duplicate thereof, and all filings, memorandums and services connected therewith $3 . 00 9. For a certificate of title to an assignee for the benefit of creditors, including duplicate thereof $3.00 Fees for Registration or Filing. 10. For registering a transfer and issuing a certificate of title thereon and dupUcate thereof and including fees for memorandums, searches and inspections — (a) Where the value of the property does no.t exceed $500, includ- ing fees payable to assurance fund. ...'.. $3.00 (6) Where the value of the property is over $500 $4. 00 And in addition the fees payable to the assurance fund. (See, however, items Nos. 13 and 38.) 11. For registering or filing any lease (exclusive of the fee of $2.00 for leasehold certificate of title), encimibrance, or charge, (other than a mortgage) surrender or power of attorney, including all mem- orandums, searches and other services connected therewith $1.50 (See, however, item No. 13.) (o) For every such encumbrance after the first $1 . 50 12. For registering or filing any certificate, order or decree of a court or judge, or any assignment or discharge whoUy or partially of a mort- gage, encumbrance or charge; or a satisfaction of an annuity, or any other instrument affecting land other than those particularly specified in this tariff, but not including mechanics' liens, including aU memoran- dums, searches and other services connected therewith $1 . 00 (See, however, item No. 13.) 13. When any instrument registered deals with or affects land in more than one certificate of title, for each memorandum after the first memorandiun 50 . .14. For filing each caveat and forpreparing and mailing the notices in connection therewith $2. 00 15. For entering withdrawal of caveat $1.00 16. For every extra memorial required to be made in connection with the filing or withdrawal of a caveat 50 199 1906 Cap. 24 real propekty 17. For registering or filing writ of fieri facias or a satisfaction or withdrawal thereof, including aU memorandums and other services con- nected therewith $1.00 17(a). For registering a mortgage (including all memorandums, searches and other services connected therewith) where the money- secured does not exceed $5,000 $2.00 On each $1,000 or fraction thereof over $5,000 up to $10,000, a further fee of $1.00; on each $1,000 or fraction thereof, over $10,000 up to $50,000, a further fee of 50c; and on each $1,000 or fraction thereof, over $50,000 a further fee of 25c. Plans. 18. For registration of each plan of subdivision, exclusive of extra certificates of title _. $10.00 And a further fee for each lot or separate parcel into which the land is proposed to be subdivided, as shown on plan 50 19. Registration of Order cancelling or varying plan $2. 00 20. Receiving plan profile or book of reference of railway right of way, required to be deposited under any Railway Act ,..$1.00 21. Receiving plan of railway right of way for filing under The Land Titles Act,, for each mile of right of way shown on plan $1 . 00 22. Every blue print copy of plan or part of plan per square foot 15 Minimum fee $1.00 District Registrar's certificate on same $1 . 00 23. For all other services of surveyor per hour $2. 00 24. For each map or plan deposited under any other Act than The Land Titles Act or Railway Ad $1 . 00 General. 25. For taking each affidavit or solemn declaration 20 26. For each search for each lot or parcel of land or for any name . . .25 27. For a certificate as to decrees, orders or executions, including one search, for one name 50 And for each additional name 25 28. For each certificate of charge 50 29. For each abstract respecting land included in one certificate of title, or respecting each quarter section for which certificate of title has not been granted, including all charges for searches and certificates . 50 Provided that where the entries on such abstract exceed five in number an additional fee of ten cents for all such additional entries shall be charged. 30. For production of each instrument filed or registered 10 31_. For returmng the documents of title deposited in support of an appHcation on withdrawal or rejection of any apphcation for certificate of title • $1.00 32. For certified copy of or extract from any registered instrument or instrument otherwise in the custody of the registrar, per first folio of 100 words $1.00 For every folio, or part of f oho after first 10 33. For each certificate and reference to a court or judge, excepting a reference made under section 1 13 of The Land Tides Act $2 . 00 34. For attending a court or judge on rrference or on hearing of any petition or on any proceeding or on producing any document on any apphcation or proceeding before a court or judge, for each hour $1 . 00 35. For a certificate of title or duphcate issued to replace one worn out, filled up, destroyed or lost $2. 00 (a) Where a certificate of title or duphcate thereof has been lost or destroyed for perusing proof of loss and settliug notice for publication and for all other services, excepting new cer- tificates of title $1 . 00 ■ 36. For consolidating two or more certificates of title ............. $2! 00 For each memorial of cancellation after the first two 50 37. For certificate of title issued on any instrument not otherwise provided for, and for duphcate certificate $2. 00 38. If more than one certificate of title is required upon the same mstrument, for each certificate with duphcate thereof after the first certificate $2 00 39. On each correction in a certificate of title, including examination of the evidence $1 . 00 200 REAL PHOPEBTT Cap. 24 1906 40. On rejection of each instruinent presented for registration, to be charged in the discretion of the Registrar $1 . 00 41. For each certificate signed by the Registrar, Deputy Registrar or Acting Registrar and authenticated by the registrar's official seal, and not otherwise provided for 25 ASSTJBANCE FUND FEES. Note. — In addition to the above fees there is payable to the assurance fund on the re^tratkm upon every absolute transfer of land after the issue of the first certificate of title therefor, one-fifth of one per cent, of the value of the land transferred if such value amounts to or is less than five thousand dollars, and one-tenth of one per cent, on the additional value where such value exceeds five thousand dollars; and upon every subsequent transfer upon the increase of value since the granting of the last certificate of title one-fifth of one per cent, if the increase is not more than five thousand dollars, and one-tenth of one per cent, on any excess over such five thousand dollars, such valuation in each case to be ascertained by the oath or afioxmation of the applicant, owner, or person acquiring the land, or of such other person as the registrar believes to be acquaiuted with the value of the land and whose oath or affirmation he is willing to accept. 1906 CHAPTER 25. An Act to make Regulations with respect to Coal Mines. (Repealed and svbstituted — 1913 (1st Session), c. 4, s. 139.) 1906 CHAPTER 26. An Act to Regulate the Speed and Operation of Motor Vehicles on Highways. {Repealed and siibstitvted — 1911-12, c. 6, s. 59.) 201 1906 CHAPTER 27. An Act to prevent Frauds and Perjuries in relation to Sales of Real Property. {Assented to May 9, 1906.) U IS MAJESTY, by and with the .advice and consent of the *-^ Legislative Assembly of the Province of Alberta, enacts as follows: Contract to 1. No action shall be brought whereby to charge any person be m writing qH}xqj- by commi'ssion or otherwiise, for services rendered in con- nection with the sale of any land, tenements or hereditaments, or any interest therein unless the contract upon which recovery is sought in such action or some note or memorandimi thereof is^in writing signed by the party sought to be charged or by his agent thereimto lawfully authorized in writing. Not to effect 3. TMs Act shall not apply to or affect any action or pro- action pending cggjjjjig pending or any right or right of action existing at the date when this Act is passed. 202 1906 CHAPTER 28. An Act respecting the Medical Profession. (Assented to May 9, 1906.) LIIS MAJESTY, by and with the advice and consent of the *^ Legislative Assembly of the Province of Alberta, enacts as follows: TITLE. 1. This Act may be cited as "The Medical Profession Acf." short title COLLEGE OF PHYSICIANS AND SURGEONS. 3. The College of Physicians and Surgeons of the Province inoorporation of Alberta hereby constituted, and the members of the said college and all persons hereinafter registered members of the said college under the provisions of this Act, shall be a body corporate imder the name of the College of Physicians and Surgeons of the Province of Alberta and shall have perpetual succession as hereafter provided and the common steal, with power to acquire, hoid, and dispose of real estate and chattel property for the purpose of the said, college, and to sue and be sued. 3. Every person registered as a member of the College of ^1^^^^^°' Physicians and Surgeons of the North- West Territories at the time of the coming into force of this Act, and whose fees are paid to said college, shall be registered as a member of the College of Physicians and Surgeons of the Province of Alberta by the registrar thereof without fee, and every person registered as aforesaid whose fees are in arrear shall upon payment of all arrears to the registrar of the College of Physicians and Surgeons of the North-West Territories receive a receipt therefor, and upon presentation of said receipt to the registrar of the College of Physicians and Surgeons of the Province of Alberta shall be registered, as a member of said last mentioned college by said registrar without further fee. 4. The registrar of the College of Physicians and Surgeons Certified lut of the Province of Alberta shall as soon as possible after his appointment obtain from the registrar of the College of Physicians and Surgeons of the North-West Territories a certified list, imder the seal of the college, of the members of the College of Physicians and Surgeons of the North-West Territories entitled to be regis- tered as members of the College of Physicians and Surgeons of the Province of Alberta under the next preceding clause. 203 1906 Cap. 28 MEDICAL PROFESSION THE COUNCIL OF THE COLLEGE AND ELECTION OF MEMBERS. Council of the college Persons entitled to vote 5. There shall be a council of the Said College of the Physicians and Surgeons of the Province of Alberta to be appointed in the manner hereinafter provided for and hereafter referred to as the council. 6. The persons entitled to vote at election of members of the council shall be, as to the first election, the persons who at the time of the passing of this Act are registered members of the College of Physicians and Siu:geons of the North-West Territories. As to all subsequent elections, all persons registered as members of the College of Physicians and Surgeons of the Province of Alberta under this Act. Who eligible as members 7. No person shall be ehgible to be elected a member of the council who fs not entitled to vote for a member of the couiicil. Number of council 'Medical •electoral .districts Conduct of election 8. The number of persons to be elected as members of the said council shall be one for each of the medical electoral districts hereinafter referred to and the mode of election shall be by voting papers as hereinafter set out. (a) There shall be one member elected for each of the following n^edical electoral districts, who shall be a resident of the district for which he is elected. (&) For the purpose of this election the Province of Alberta shall be divided into seven medical electoral districts, to be known as districts Nos. 1, 2, 3, 4, 5, 6, and 7. These districts are made up from the present electoral districts of the Province of Alberta as existing for the purpose of the election of members to the first Provincial Legislature of the said province as follows: District No. 1— Is comprised of the Provincial Electoral District of Edmonton. District No. 2 — ^Is comprised of the Provincial Electoral Dis- tricts of Peace River, Athabasca, Saint Albert, Stoney Plain, Strathcona, Leduc, Sturgeon, Victoria. District No. 3 — Is comprised of the Provincial Electoral Districts of Vermilion, Wetaskiwin, Ponoka, Lacombe, Red Deer. District No. 4 — ^Is comprised of the Provincial Electoral Districts of Innisfail, Rosebud, Banff, Gleichen. District No. 5 — Is comprised of the Provincial Electoral District of Calgary. District No. 6 — ^Is comprised of the Provincial Electoral Districts of High River, Macleod, Pincher Creek. District No. 7 — ^Is comprised of the Provincial Electoral Dis- tricts of Lethbridge, Cardston, Medicine Hat. (c) The boundaries, number and numbers of the above medical electoral districts are subject to change at any time by the council. 9. The charge and conduct of the election for the members of the first council shall be conducted by the registrar of the College of Physicians and Surgeons of the North-West Territories, and the said election shall be conducted in the maimer set out in "The Medical Profession Ordinance," being chap. 52 of The ConsoUdated Ordinances of the North-West- Territories, 1898, or the election of the council of that body, from section 3 to section 32 inclusive. All subsequent elections under this Act shall 204 MEDICAL PROFESSION Cap. 28 1906 be under the management of the registrar of the council, and such elections shall be held at such time and place as shall be deter- mined by the coimcil. 10. The person entitled to vote for any member of the coimcil for any medical electoral district shall be only such members of the College of Physicians and Sm-geons of the Province of Alberta as are actually resident in such district. 1910 (2nd Session), c. 2, s. 14 (1). 11. The registrar shall mail to each re^stered practitioner at least two months before the day on which the election is to be held a notice showing the day on which the election is to be held and the amount of fees, if any, owing by the said practitioner to the college. 1910 (2nd Session), c. 2, s. 14 (2). 1915, c. 2, s. 26. 13. The council shall appoint two persons, who shall act as Scrutineers scrutineers with the registrar at the election. 13. On the days succee;ding the day of election the voting counting papers shall be opened by the registrar in the presence of the °' ^'"^ scrutineers, who shall scrutinise and count the votes, and a record thereof shall be kept by the registrar in a proper book to be pro- vided by the said council. 14. The person who has the highest number of votes in each Term of medical district shall be the member of the council for that district °®™ for the four years following the date of such election and until his successor is elected. 15. Any person entitled to vote at any election shall be entitled to be present at the opening of the voting papers at such election. 16. In case of an equality of votes between two or more persons. Equality which leaves the election of one or more of the members of the °' ^°*^ council undecided, the scrutineers shall forthwith write upon separate slips of paper the names of the persons having such equality of votes^ and put such papers in a ballot box; and the registrar, in the presence of the scrutineers, shall draw by chance from such ballot box one or more of such papers sufficient to make up the required number, and the person or persons whose names are upon such paper or papers so drawn shall be members of such council. 17. No person shall be entitled to vote at such election unless voter's fees all fees to the college shall have been paid. to be paid 18. No person shall be eligible for election unless quaUfied to EUgibiUty vote at such election, and any votes cast for any person who is " ^ °°*"'° ineligible shall be null and void, and the election shall be declared as if such votes had not been cast. 19. In the event of any person placing more than one name voting for on his voting paper for the district in which he resides the first ^'^^ **»" one eligible shall be counted. 1910 (2nd Session), c. 2, s. 14. 205 1906 Cap. 28 MEDICAL PBOPBSSION List of voters 30. The Registrar shall one month prior to the day on which the election is to be held make out an alphabetical list or register of the registered medical practitioners who are entitled to vote at the election then about to be held, showing the medical electoral district in which each resides, and shall mail a copy of such list or register to each registered practitioner, along with a voting paper in the form A in the schedule to this Act, and such practi- tioner shall fill in the names of the members he is voting for on the voting paper, or one of the like effect, sign it, and return such voting paper closed to the registrar on any day preceding the day of election, and any such voting paper received by the registrar by post or otherwise previous to the day of election shall be deemed delivered to him. 1915, c. 2, s. 26. Omission from list 31. In case any medical practitioner entitled to vote complains to the registrar in writing of the improper omission or insertion of any name on the said list, it shall be the duty of the registrar forthwith to examine into the complaint and rectify sufch error if any there be, and advise complainant of his decision in writing by post within three days after receiving complaint; and in case any person is dissatisfied with the decision of the registrar, he may appeal to the judge of the Superior Court having jurisdiction in the province, provided that such appeal be lodged with the judge at least ten days before the day on which the election is to be held, and such judge shall decide the appeal in a summary way, and he may, if he deem it necessary, direct such notice of the time and place for hearing the appeal as he may prescribe, to be given to such person as he may specify; and if it is necessary to hear evidence on such appeal, it may be given viva voce under oath or by afiidavit as the judge directs, and the decision of such judge shall be final and the list shall remain or be altered in accordance with such decision. List to 33. The list or register so made oiit shall be held to be the be final register of persons entitled to vote at the next election, and no person shall be entitled to vote whose name is not upon such register. Regulations 33. The council may make such regulations as they may think expedient not contrary to the provisions of this Act for regulating the procedure in respect of such elections. Destruction of ballots 34. The voting papers belonging to any election shall not be destroyed until after all petitions in respect of such elections have been decided, but the same together with all other papers in connection with the election shall be retained by the registrar. Petition against election 35. No petition against the return of any member shall be entertained unless such petition shall be filed with the registrar of the council within sixty days after the election, and shall contain a statement of the grounds on which such election is disputed and unless a copy of such petitionis served upon the member whose election is disputed within sixty days of the date of the election. Inquiry as to legiuity of election 36. In case of any doubt or dispute as to the legality of the election of any member to the council it shall be lawful for the council to hold an inquiry and decide who is the legally elected 206 MEDICAL PROFESSION Cap. 28 1906 member of the council; and the person whom they decide to have been elected shall be and be deemed to be the member legally- elected, and if the election is found to be illegal the council shall have power to order a new election. 37. In case of the failure in any election under this Act to New election elect the required number of duly qualified members of the council, or in the event of any vacancy occuring from death, resignation or any other cause, of any member of the council, it shall be the duty of the registrar to hold a new election for such vacancy or vacancies as soon as possible and such election shall be conducted in the same manner as provided for the election of the full council. PRESIDENT AND OFFICERS — ^MEETINGS OF THE COUNCIL. 38. The council shall elect annually from its own body a officers president and vice-president. (c) And such other ofl&cers as are necessary for the working of this Act. (d) The council shall fix by by-law or resolution from time to time the salaries and fees to be paid to such officers and to the hoard of examiners hereinafter mentioned. 39. The council shall appoint annually from among its members Executive an executive comotnittee, to be called together -by the registrar, Committee to take cognizance of and action upon all such matters as may be delegated to it by the council, or as may require immediate interference or attention between meetings of the council; and all such acts shall be valid only till the next ensuing meeting of the council; but the committee shall have no power to alter, repeal, or suspend any by-law of the council. 30. The council may make such rules and regulations as to Meetings the times and places of future meetings of the council and the "' '«»">'=ii mode of summoning the same as to the council seems expedient, which rules and regulations shall remain in force until altered at amy subsequent meeting; and in the absence of any rule or regulation as to summoning meetings of the council, it shall be lawful for the president thereof or in the event of his absence or death for the registrar to summon the same at such time and place as to him seems fit, by a circular letter to be mailed to each member. 31. (a) In the event of the absence of the president from any meeting, the vice-president, or in his absence some other member to be chosen from the members present, shall act as president. (6) There must always be five members of the council present Quorum to form a meeting, and all acts of the council shall be decided by a majority of those present. (c) At all meetings the president for the time being shall have a casting vote in the event of an equality of votes, in addition to the vote he is entitled to as a member of the council. 33. There shall be paid to members of the council such f ees y^^j j^^. for attendance and such reasonable travelling expenses as may attendance "from time to time be fixed by by-law or resolution passed by the .said council. 207 1906 Cap. 28 MEDICAL PROFESSION Medical register Duties of registrar Who may be registered REGISTRATION. 33. The council shall cause to be kept by the registrar a book or register to be known as the "Alberta Medical Register," in which shall be entered the name of every person registered accord- ing to the provisioris of this Act, and from time to time the names of all persons who have complied with the provisions hereinafter contained, and those persons only whose names are inscribed in the book or register above mentioned, and who are not under suspension by the council, shall be deemed to be qualified and licensed to practise, as hereinafter provided, and such book or register shall at all times be open and subject to inspection by any person. 1911-12, c. 27, s. 1. 34. It shall be the duty of the registrar to keep his register correct in accordance with the provisions of this Act and the rules, orders, and regulations of the council, and he shall from time to time make the necessary alterations' in the addresses or qualifi- cations of the persons registered under this Act, and the said registrar shall perform such other duties as may be imposed on him by the council. THE COUNCIL SHALL PLACE UPON THE REGISTER. 35. The council shall admit upon the register any person who shall produce a certificate from the registrar of the University of Alberta that the, person to whom such certificate is issued is duly qualified to practise medicine, surgery, midwifery, osteopathy or homeopathy, as the case may be, and the registrar of the council shall issue to such person the necessary license to practice on pay- ment by such person of the registration fee hereinafter provided. 1908, c. 20, s. 31; 1911-12, c. 27, s. 2. (2) The examination of candidates for admission to practise medicine, surgery, midwifery, osteopathy or homeopathy in the Proviuce of Alberta shall be under the control of the University of Alberta, the examiners for this purpose being appointed by the Senate of the University. 1911-12, c. 27, s. 2. (3) The subjects of all examinations imder The Medical Pro- fession Act and amendments thereto shall be such as shall be prescribed by the Senate of the University of Alberta. 1911-12, c. 27, s. 2; 1913, c. 2, s. 10 (1). (4) The Senate of the University of Alberta may require any candidate to pass a matriculation or preliminary examination in such subjects as the said Senate may prescribe or may accept such qualification in lieu of such matriculation or preliminary examination as the said Senate may consider sufficient. 1911-12, c, 27, s. 2. (5) The Senate of the University of Alberta shall fix the times when the examination of candidates shall be held and may make rules or regulations for the giving of notices by candidates of their desire to take the examination and for the fees to be paid therefor. 1911-12, c. 27, s. 2. (6) The Senate of the University of Alberta may by resolu- tion require that the persons presenting themselves for examina- tion hereunder shall be graduates or licentiates of a university, school, college or association of medicine, surgery, midwifery, osteopathy or homeopathy, and may from time to time make 208 MEDICAL PROFESSION Cap. 28 1906 resolutions setting forth what universities, schools, colleges, or associatipns will be recognized for this purpose, and may rescind, alter or vary any such resolution. 1911-12, c. 27, s. 2. (7) The persons registered under the provisions of this Act shall be restricted to the practice of that class or class of practice only for which they are certified to be qualified and for which they are registered under this Act. 1911-12,. c. 27, s. 2. (8) Before the Senate of the University shall grant a certifi- cate that a person is duly qualified to practise osteopathy or home- opathy the Seniate shall require such person to pass an examin- ation satisfactory to the Senate in such subjects as the Senate may prescribe. 1911-12, c. 27, s. 2. (9) Any person who has practised osteopathy in the Province of Alberta for at least four months immediately preceding the date of the passing of this Act shall be granted a certificate without examination that such person is duly qualified to practise osteo- pathy, provided that such person is a graduate or licentiate of a school, college or association of osteopathy recognized by the American Osteopathic Association. 1911-12, c. 27, s. 2. (10) The council shall grant an interim license entitling the person named therein to practise medicine upon his producing a certificate from the registrar of the University showing that he is entitled to write upon the next examination of candidates for admission to practice, and upon his Satisfying the coimcil that he has located or will locate and practise, until having passed said examination at a place not less than 20 miles froin any then licensed medical practitioner; provided that such interim certifi- cate shall only continue in force until the holding of the next ensuing examination for admission to practice, unless the registrar of the University recommend the council to extend such interim license from time to time, no such period of extension to exceed one year. 1913, c. 2, s. 10. (11) The council shall keep a register of all persons holding an interim license, and the council shall admit upon such register such persons upon payment by them of- a registration fee of $5.00 and all other registration and examination fees. 1913, c. 2, s. 10. 36. The council may at any time direct the name of any Erasure person improperly regis'tered to be erased from the register by the °^ "^^^ registrar, and such name shall be so erased. 37. Whenever there is established under the Act of the Parlia- Register for ment of Canada, known as "The Canada Medical Act, 1902," or^''"'^* any Act in amendment thereof or substitution therefor, a register for Canada of medical practitioners under the control of the medical council appointed or elected pursuant to the provisions of the aforesaid Act or Acts, then notwithstanding anything in this Act contained, any person duly registered in the said medical register for Canada as a medical and surgical practitioner shall be deemed qualified and entitled to be registered in the medical register of the Province of Alberta as a duly qualified medical and surgical practitioner, and such person shall be registered, and such registration shall.be made upon production of a certificate under the hand of the registrar of the said medical council of Canada certifying that such person is duly registered in the said mediCg^j register of Canada, and upon satisfactory proof of identity of su„y, 209 1906 Cap. 28 MEDICAL PBOFESSION person, provided that such person may be required to pay such fee for such registration in the Province of Alberta as the medical council of the Province of Alberta may impose in that behalf, and provided that the provisions of this section shall not apply to or affect any person duly registered under the said Act at the time "The Canada Medical Act, 1902," or any amendment thereof or substitutive Acts therefor become operative. 1910, (2nd Session), c. 2, s. 14. FEES. Fees 38. The fee for registration under this Act shall be fifty dollars. Annual fees 39. Each member shall pay to the registrar, or to any person deputed by the registrar to receive it, such annual fee as may be determined on by by-law of the council, not exceeding two dollars, towards the general expenses of the college, which fee shall be pay- able on the first day of January in each year, and such fee shall be deemed to be a debt due by each member of the college and shall be recoverable, with the costs of suit, in the name of the College of Physicians and Surgeons in the Province of Alberta. Remission of fees 40. The council may by resolution remit any annual fees due to the college by any member who is or has been resident out of the Province of Alberta during the period in respect of which such fees become payable. GENERAL POWERS OF THE COUNCIL. Powers of council 4:1, The council shall from time to time, as occasion may require, make orders, regulations or by-laws for regulating the register to be kept under this Act, and shall from time to time make rules and regulations for the guidance of the examiners, and may prescribe the subjects and modes of examination, and gener- ally make all such rules and regulations in respect of examinations not contrary to the provisions of this Act as the council may deem expedient and necessary. (2) All rules, regulations or by-laws made by the coimcil imder this Act, except such as refer to curricula pi studies or subjects of examination to be taken by students or applicants for registration, shall be subject to the approval of the Minister of Education. To make rules, etc. 43. The council may from time to time make, alter or amend and repeal rules and regulations for the well-being and discipline of the coimcil, the conduct of its affairs, and the promotion of medical and surgical knowledge, and the disposition of the funds of the council, provided such rules and regulations be not repugnant to this Act. mSCIPLlNABY. Discipline committee 43. The council shall from time to time appoint and shall always maintain for the purposes hereinafter named a committee of their own body, to be known as the discipline committee, not exceeding five in number, of whom the quorum shall be three, and may at any time alter the number, constitution and tenure of ofloice of such committee. 210 MEDICAL PROFESSION Cap. 28 1906 44. The discipline committee shall investigate on a written Duto of order of the council the facts regarding any registed practitioner ^S^mL who shall have been convicted of an indictable offence, or who is known or reported to be guilty of or who is charged with unbecom- ing, improper or criminal conduct, professional or otherwise, and if the committee consider the offence warrants it, they shall direct the council to erase the name of such registered practitioner from the register, and the council shall order the registrar to strike the name of such person from the register as aforesaid, and he shall do so. 45. If the committee consider that the offence is not of such SuBpension gravity or importance as to warrant in their judgment the person's pu^hment name being erased from the register, they may suspend such person from the privileges of a registered practitioner for such time as they may think fit, or may impose such other penalty or sentence as the offence warrants and order the council to have their finding carried out; and unless the offender shall within -thirty days after receiving written notice from the registrar of the finding of the committee comply with their judgment, the council may suspend the offender from the privileges of a registered practitioner until - judgment is complied with. The judgment of the committee under this section shall be final and not subject to any appeal; provided, however, that suspension under this section shall not exceed thirty days. 46. The executive conmiittee of the council under this Act Preliminary may and upon the written application of any three registered ™''^™y practitioners to the council shall make a preliminary inquiry, into the facts regarding such conduct of any registered practitioner as is set out in clause 44, and if the facts justify a reference to the council for a more thorough and coinplete investigation, the executive committee shall make such reference and the council shall order an investigation by the discipline committee as heretofore provided. 47. The council or executive committee may demand if they Deposit for see fit to do so, from any party or parties requesting an investiga-'" ""^^ tion, before undertaking the same, a reasonable amount as a deposit to cover the costs and expenses of such an investigation, and in case the investigation establishes the fact that the complaint was frivolous or vexatious, such deposit may be applied to cover the expenses of the same, otherwise the deposit is to be returned to the party or parties making it. 48. The council may order to be paid out of the funds at their Payment disposal such costs as may to them seem just to any person against °' ""^^ whom any complaint has been made. 49. When the council directs the erasure from the register of Erasure the name of any person, the name of that person shall not be"*"™^ again entered on the register except by direction of the council or by an order of a judge of the said Superior Court. 50. If the council think fit in any case they may direct the Restoration registrar to restore to the register any name or entry erased there- °^ "^.""^ 211 1906 Cap. 28 MEDICAL PROFESSION Employment -of legal from, either without fee or on payment of such fee, not exceeding the registration fee, as the council may fix and the registrar shall restore the same accordingly. 51. The discipline committee appointed under section 43, as well as the executive committee of the council, may, for the purpose of the execution of their duties under this Act, employ at the expense of the council such legal or other assistance as these committees may think necessary, and the person whose conduct is the subject of inquiry shall also have the right to be represented by counsel. Meetings of -committees Notice to -person com- plained of ^Subpoena 53. -Ml meetings of such committees when held for taking evidence or otherwise ascertaining the facts shall be held within the judicial district where the member complained of resides or the alleged offence was committed.' 53. At least two weeks before the meeting of the committee to be held for taking evidence, or otherwise ascertaining the facts, a notice shall be served upon the person whose conduct is the subject of inquiry; and such notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry, and shall also specify the time and place of such meeting. The testimony of witnesses shall be taken under oath, which the chairman or acting chairman of the committee is hereby authorized to administer, and there shall be full right to cross-examine all witnesses called and to adduce evidence in defence and reply. 54. For the purpose of procuring attendance and evidence of a witness before the committee, a judge of the said Superior Court may, on application of any party to the inquiry, order the issue by the clerk of the said court or a deputy thereof of a writ of subpoena ad testificandum or a writ of subpoena duces tecum. The rules of evidence on such inquiry and the proceedings and penalties in the case of disobedience to any such writ shall be the same as obtain in civil cases in the said court. Non-attend- -ance of person com- plained of -Appeal to -a judge Procedure .on appeal 55. In the event of the non-attendance of the preson whose conduct is the subject of such inquiry, the committee may, upon proof of personal service of the notice aforesaid in accordance with the provisions of this Act, which proof of service may be by statutory declaration, proceed with the subject matter of the inquiry in his absence and make the report of the facts without further notice to such person. 56. Any person whose name has been ordered to be erased from the register may appeal from the decision of the council to a judge of the said Superior Court at any time within six months of the date of the order for sych erasure; and such judge may upon the hearing of such appeal make such order as to the restoration of the name so erased or confirming such erasure or for further inquiries by the committee or council into the facts of the case and as to costs as shall be just. 57. The appeal may be by summons for the council of the said college to show cause served upon the registrar and shall be founded upon a copy of the proceedings before the committee, the 212 MEDICAL PROFESSION Cap. 28 1906 evidence taken, the committee's report and the order .of the council in the matter certified by -the registrar; and the registrar shall upon the request of any person desiring to appeal furnish to any such person a certified copy of all proceedings, reports, orders and papers upon which the committee or council have acted in making the report or order complained of. EIGHTS OF MEDICAL PRACTITIONERS. 58. Every person registered under the provisions of this Act^^J'^J^° and not under suspension shall be entitled to practise medicine, surgery and midwifery or any of them in the Province of Alberta, and to demand and recover in any court in the said province, with g^^overing full costs of suit, reasonable charges for professional aid, advice and visits, and the costs of any medicine or surgical appliances rendered or supplied by him to his patients. 59. No duly registered member of the College of Physicians Jj^jfoj^" and Surgeons of the Province of Alberta shall be liable to any action for negligence or malpractice by reason of professional services requested or rendered unless such action be commenced within one year from the date when in the matter complained of such professional services terminated. 60. No person shall be entitled to recover in any court of law No recovery for any medical or surgical advice or for attendance or for the°iJ^tor'S^^ performance of any operation or for any medicine which he may have prescribed unless he is registered imder this Act and not under suspension. 61. No person shall be appointed as medical officer, physician Appointment or surgeon in any hospital or other charitable institution unless semra""' he is registered under the provisions of this Act and not under suspension. 1911-12, c. 4, s. 16. 63. No certificate required by any Act in force, or that mayCerUfirate hereafter be passed, from any physician or surgeon or medical bj^iaw practitioner, shall be vaUd unless the person signing the same is registered under this Act and not under suspension. INTERPRETATION. 63. The words "legally qualified medical practitioners" or interpretation "duly qualified medical practitioners, " or any other words imply- ing legal recognition of any person as medical practitioner or member of the medical profession, when used in any Act or law shall in so far as such Act or Law apphes to the Province of Alberta be construed to mean a person registered under this Act and not under suspension. 63a. Any person shall be held to practise within the meaning of section 66 of this Act who shall (a) by advertisement, sign, or statement of any kind, allege ability or willingness to diagnose or treat any human diseases, ills, deformities, defects, or injuries; (6) or who shall advertise or claim ability or willingness to prescribe or administer any drug, medicine, treatment, or perform any 213 1906 Cap. 28 MEDICAL PBOFESSION Publication of register Addenda operation, manipulation, or apply any apparatus or appliance for the cure or treatment of any human disease, defect, deformity or injiu-y; (c) act as the agent, assistant, or associate of any person, firm or corporation in the practice of medicine as hereinbefore set out, provided always that this section shall not apply to the practice of dentistry or pharmacy, or to the usual business of opticians, or vendors of dental or surgical instruments, apparatus and appliances. 1911-12, c. 27, s. 3. (2) Nothing in this Act shall prevent private persons from giving necessary medical or surgical aid in times of urgent need providing that such aid be given without hire, gain or hope of reward. 1911-12, c. 27, s. 3. PXJBLICATION OE MEDICAL EEGISTER. 64. The registrar shall from time to time under the direction of the council cause to be printed and published a correct register of the names in alphabetical order, according to surnames, with the residences as in form B in the schedule to this Act or to the like effebt, and shall issue yearly thereafter between the issues of such register, if not published yearly, an addenda to such register, containing the names, etc., as above set forth of the persons registered under this Act, together with the medical titles, diplomas and qualifications conferred by any college or body, of all persons appearing on the register as existing on the day of publication, and such register shall be called "The Alberta Medical Register," and a copy of the register for the time being purporting to be so printed and published as aforesaid shall be prima fade evidence in all courts in the Province of Alberta and before all justices of the peace and all others, that the persons therein specified are registered according to the provisions of this Act and subject to the provisions of subsection 2 of this section, the absence of the name of any person from such copy shajl be prima fade evidence that such person is not registered according to the provisions of this Act. (2) In the case of any person whose name does not appear in such copy or addenda, a certified copy under the hand of the registrar of the entry of the name of such person on the register or addenda shall be evidence that such person is registered under this Act. EVIDENCE OP KEGISTRATION. Evidence 65. In all cases where proof of registration under this Act is required to be made, the production of the printed or other copy of the register, or of any extract therefrom or addenda thereto certified by the registrar, shall be sufficient evidence of registration in lieu of the production of the original register, and any certificate purporting to be signed by any person in his capacity as registrar of the council under this Act and bearing the seal of the College shall be prima fade evidence that such person is such registrar without any proof of his signature or of his being in fact such registrar. (a) But in any case where proof of registration or non-sus'pen- sion is required to validate a witness's evidence, and a copiyof the register, or addenda thereto, or of any extract therefrom certified by the registrar, or the production of the original register, is not 214 MEDICAL PROFESSION Cap. 28 1906 available without prejudicial delay to the cases or the parties interested, then and in such case the evidence of the person under oath claiming to be registered under this Act and not under suspen- sion, that he is so registered and not under suspension shall be proof of same. OFFENCES, PENALTIES AND PEOSECUTIONS. 66. If any person, not registered pursuant to this Act either Um-egiBtered directly or indirectly, practise, or profess to practise medicine, '"'™°°* surgery, midwifery, osteopathy or homeopathy or if any person registered in respect to one class of practice shall practise in respect to another class he shall, upon summary conviction thereof before a justice of peace, forfeit and pay for the first offence a penalty not exceeding fifty dollars, for the second offence a penalty of not less than fifty nor more than two hundred dollars and for a third or any subsequent offence to a penalty of not less than two hundred nor more than thi:ee hundred dollars: Provided that the provisions of this section as far as they refer to the practice of midwifery shall apply only to the territory included within the limits of any incorporated city, town or village having a resident registered practitioner therein. 1911-12, c, 27. s. 4. 67. Any person who wilfully or falsely pretends to be ai^iteiKJins physician, doctor of medicine, surgeon, or general practitioner, orphysimn assumes any title, addition, or description other than he actually possesses and is legally entitled to under this Act, shall be liable on conviction thereof before a justice of the peace to a penalty not exceeding fifty dollars. 68. Any person not registered pursuant to this Act, who takes gumption or uses any name, title, addition, or description, implying orortSe* calculated to lead people to infer that he is registered imder this Act, or that he is recognized by law as a physician, surgeon, or a licentiate in medicine, surgery, or midwifery, shall be liable upon siunmary conviction to pay a penalty of not less than twenty-five dollars and not more than one hundred dollars. 69. Any prosecution tmder this Act may be brought and heard i^oseoition before a justice of the peace. In case the penalty and costs awarded are not upon conviction forthwith paid the justice may commit the offender to the common jail there to be imprisoned for any term not exceeding one month imless the penalty and costs are sooner paid, and for a second offence a term not exceed- ing two months, and for a third offence a term of three months. 70. In any prosecution under this Act the burden of proof of „{ p, ™f registration shall be upon the person charged. 71. Every prosecution under this Act shall be commenced ^l^**"™ within six months from the date of the alleged offence. 72. The council by an order signed by the president under staying the seal of the council may stay proceedings in any prosecution i"""^"^'^ mstituted by the council under this Act where it is deemed expedient. 215 1906 Cap. 28 MEDICAL PROFESSION HETUKNS. Heturns Pending application for registration 73. The registrar, whenever required by the Lieutenant Governor in Council, shall transmit to the Provincial Secretary a certified return under the seal of the Council, setting forth all such information and particulars relating to the college as may from time to time be required or asked for. 74. It shall be lawful for the registrar of the college of Physicians and Surgeons of the North-West Territories to add to the register the names of any person or persons who, being a graduate of any reputable me(£ical college, has applied for registration or examination between the date of the last examination held by the said College of Physicians and Surgeons and the date of the passing of this Act and any such person or persons whose names have been so added as aforesaid shall for the purpose of this Act be deemed to have been members of the College of Physicians and Surgeons of the North-West Territories within the Province of Alberta: Provided that in the event of the said registrar refusing or neglecting to add the names of any such persons as aforesaid, the Lieutenant Governor in Coimcil may by order cause the names of any such persons to be added to the registry of the College of Physicians and Surgeons of Alberta. SCHEDULE. FORM A. I, John James Brown, a registered practitioner, vote for the person herein- after named to form a member of the Council of the College of Fhysiciana and Surgeons of the Province of Alberta. For District No George Courtney. and I declare that I am entitled to vote at this election and am not in default in payment of my fees to the CoUege. Datted April 1st, 19 Witness John James Bhown. (1910 (2nd Session), c. 2, s. 14.) FORM B. Name Residence Name of medical elec- toral division Qualification A.B. Banff 4 M.A.M.D. Toronto University CD. Calgary 5 M.D. Glasgow, Scotland E.F. Edmonton 1 L.S.A. London, England G.H. Red Deer 3 M.D. New York, U.S. 216 1906 CHAPTER 29. An Act to amend Chapter 29 of the Ordinances of the North-West Territories, 1903 (2nd Session), intituled "An Ordinance for the Protection of Game." (Repealed— 1907, c. 14, s. 37.) 2J7 1906 CHAPTER 30. Railways not exempt to be taxed upon their actual value Inquiry to be made Fending report value fixed at S20,000 a mile Statement to be submitted by railway An Act to Supplement the Revenues of the Crown in the Province of Alberta. (Assented to May 9, 1906.) OIS MAJESTY, by and with the advice and consent of the ■*^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. Every person, company or corporation owning or operating a line or part of a line of railway within the province shall pay a tax in respect of the railway or part thereof so operated and not exempt from taxation, based upon the actual value of such railway or part thereof so operated within the province, but both the person, company or corporation owning the lines or such part thereof and the person, company or corporation oper- ating or working the said line or part or parts of a line as aforesaid shall be jointly and severally liable for the payment of the amount of such tax to the Provincial Treasurer. 3. The Lieutenant Governor in Council may appoint such persons as he sees fit to ascertain the actual value of such rail- ways or parts thereof within the province and for the purposes of such inquiry such persons shall have all the powers of a com- mission appointed under the Ordinance respecting Inquiries Concerning Public Matters, being Ordinance No. 12 of the Consolidated Ordinances of the North-West Territories. 3. Until the actual value of such railways or parts thereof has been so determined, and such valuation thereof has been approved by the Lieutenant Governor in Council, or until the Lieutenant Governor in Council otherwise fixes such actual value, the same shall, for the purposes of this Act, be taken to be $20,000 for each mile of such railway, or part thereof, so operated exclusive of switches and turnouts. 4. Every person, company or corporation owning or operating a line or part of a line of railway within the province, shall without any notice or demand to that effect deliver in duplicate to the Provincial Treasurer, on or before the first day of July in the year 1906, and on or before the first day of July in each succeeding year, a written statement correctly showing the number of miles of railway line, or part thereof, whether the same is or is claimed to be exempt from taxation or not, so operated by such person, company or corporation within the province, and specifying in such statement what portion of the said railway line, or parts thereof, is or is claimed to be exempt from taxation by the province, describing such line or part or parts thereof so exempt or claimed to be exempt by reference to stations or points within the province 218 BEVENUES OF THE CBOWN Cap. 30 1906 in such a vay as to enable the same to be easily identified, and setting out the number of miles of railway line or part or parts thereof so exempt or claimed to be exempt; and the authority under which such exemption is claimed. 5. Every person, company or corporation who, or which, ^"J^™^^^ and the manager or agent in the province of any company orinfurniaHng corporation as aforesaid who neglects to conform to the pro-'***^™™* visions of the preceding section shall each be liable to a penalty of twenty dollars per day for each day during which default is made; and the person, company or corporation aforesaid shall also be liable to pay a tax of double the amoimt for which he or it would have been liable imder this Act; and any penalty or such double tax may be recovered with costs in any court of competent jurisdiction in an action brought in the name of the Provincial Treasurer. (2) In any such action the said Treasurer shall have the sameTreasm-wto right either before or after the trial to require the production Sf rp!dS,^*° of documents, to examine parties or witnesses, or to take suchiia"*"^"" other proceedings in aid of the action as the plaintiff has or may take in any ordinary action. 6. The Lieutenant Governor in Council may for good cause Time may be enlarge the time for making any such return. extended 7. In default of such statement being so transmitted, or ^Q^vanm^n case the Lieutenant Governor in Council considers that the Coimcu may statement so transmitted is incorrect in any particular, the*''™^^*^* Lieutenant Governor in Council may by order in council fix such mileage of such railway or part or parts thereof not exempt from taxation by the province at such number of miles as he considers correct. 8. The tax so payable shall be one per centirai of such actual °°^^ ''™*- value of such railways or parts thereof so fixed or determined to be paid as hereinbefore provided. 9. Such taxes shall be payable to the Provincial Treasurer Time of on the first day of September in each year. payment 10. In cases of default in payment of any taxes by this Actfto-riaraiin imposed the same may be levied and collected with costs byf^ayment distress upon the.goods and chattels wherever found of the person, company or corporation liable therefor, under a warrant signed by the Provincial Treasurer, directed to the sheriff or other proper officer of any judicial district in which the person, company or corporation in arrear may have any goods or chattels, and in such case the sheriff, or other proper officer as aforesaid, shall realize the said taxes, or so much thereof as may be in arrear, and all costs by sale of such goods or so much thereof as may be necessary to satisfy the said warrant and costs; or the said taxes, or the penalty and double tax provided by this Act, .or both may at the option of the said Treasurer be sued for and recovered with costs in any court of competent jurisdiction in an action to be brought in the name of the said Treasurer, and in such action the order in council referred to in section 7 hereof shall 219 1906 Cap. 30 REVENUES OP THE CROWN be 'prima facie evidence of the number of miles of railway line or part or parts thereof not exempt from taxation by the province so operated as a^resaid in the province by the person, company or corporation against whom or which such action is taken. riSu°o^l 11. This Act shall come into force upon the day it is into force aSSCntcd tO. Railway, meaning of Taxes on aided railways Power imder Sec. 3, how exercisable 12. In this Act the word "railway" shall mean a line or part of a line of railway within the province which was constructed at a date seven years or more previous to the first day of Septem- ber, 1905, or a line or p^xt of a line of raUway within the province which shall have completed seven years or more of existence at any time subsequent to the said first day of September, 1905, and in the event of any dispute arising as to whether a line or part of a Une of railway is, or was at any particular time, a railway for the purposes of this Act, the same shall, be settled by order of the Lieutenant Governor in Council, and notwithstanding anything in the original Act mentioned, the said original Act shall be taken only to have applied to such railways as are in this amendment described: 1908, c. 20, s. 17. Provided, Jiowever, that no tax shall be payable imder this Act upon or with respect to any portion of a line of railway aided by a guarantee of bonds, debentures, debenture stock, or other securities under the provisions of any statute for a period of fifteen years from the date of the commencement of the operation of the portion of the line so aided, and thereafter during the currency of the guarantee as aforesaid the amount of taxes pay- able hereunder upon or with respect to such portion of any line of railway so aided shall not exceed an amount equal to $30 per mile of the mileage of such portion of such line in the province: Provided further that the periods hereinbefore provided for shall not together exceed the full period of thirty years in respect of any line of railway or portion thereof. (2) The power given in section 3 of the origuial Act to the Lieutenant Governor in Council to fix the actual value of such railways or parts thereof as are within the purview of the said Act for the purpose of fixing and ascertaining the amount of taxes payable for the years 1906 and 1907 by the person, company or corporation owning or operating such line of railway or part of a line of i*ailway, shall be exercisable by order in councU at any time hereafter notwithstanding the fact that the taxes in respect of such railway or part thereof for the said years have become and are due and payable under the terms of the said Act. 1908, c. 20, s. 17. (3) The chairman of the Executive Council of Alberta is hereby authorized to enter into a contract or contracts to carry out the intent and meaning of this section. 1909, c. 5, s. 10 (2). 220 1906 CHAPTER 31. An Act empowering Municipalities to Establish and Operate Telephone Systems. (Assented to May 9, 1906.) LIIS MAJESTY, by and with the advice and consent of the ^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOKT TITLE. 1. This Act may be cited as "The Municipal Telephone Act." sbon title 3. Where the word "municipahty" occmrs in this Act it shall SJ^^^°f.j „ be taken to include any city, town, incorporated village, or duly constituted local improvement district, but shall not include a large local improvement district. 3. Every municipality shall have all the powers necessary MunidpaKties to enable it to construct or purchase and maintain and operate ^^2?^*°"' a system of telephones and telephone lines within its corporate systema limits, and to equip the same with all appliances necessary for carrying on a telephone exchange business after construction or purchase of any such works or telephones and telephone lines, to operate the same as commercial imdertakings in all respects as if the same were owned or operated by any private person or corporation, and from time to time to improve, enlarge or extend any of said works, and, if deemed necessary or advisable, at any time- afterwards to lease or sell and absolutely dispose of the same or any of them: " Provided, however, that every village or local improvement district shall, before exercising the powers by this Act granted, submit to the Department of Pubhc Works a description of the telephone service proposed to be estabhshed by it, together with such further information in relation thereto as may be reqiiired by the Minister of Pubhc Works, and also a statement showing the area of the assessable land in such village or local improvement district, and the amount proposed to be raised by special assessment as hereinafter mentioned, and no village or local improvement district shall be entitled to exercise the powers by this Act granted without having first obtained the consent of the Minister of Pubhc Works, and subject to such conditions as he may see fit to impose: And provided further that no village or local improvement district shall be entitled to lease or sell or dispose of the telephone system or any part thereof established by it under the powers in this Act granted without the consent of the Minister of Pubhc Works. 221 1906 Cap. 31 MUNICIPAL TELEPHONES May employ engineerB, etc. 4. Every such municipality shall have power to employ and appoint engineers, surveyors, officers and other persons for the purpose of constructing, improving and adding to any of said works and maintaining and operating the same, and to rent or purchase such lands, works, buildings, privileges and yards as in its opinion may be necessary to enable it to carry out the objects of this Act, and may make all contracts necessary in carrying out any such undertaking. puSio'streets' ^' Evcry such municipality may break up, dig and trench so much and so many of the pubUc streets and lanes as may be necessary for erecting poles, wires and other appliances required in carrying out any such undertaking, or for taking up, altering and renewing all such poles, wires or other appliances as to it may seem expedient. May enter private property 6. If in any case it shall seem more convenient for such municipality to erect its poles upon, under or through private property, instead of upon, under and through pubUc streets, it is hereby authorized and empowered to cut and dig up, if necessary, ajid to erect its poles through, under or upon the lands and premises of any person or corporation owning such property, making in such cases compensation for any injury thereby done and restoring all such land and premises so far as may be to their original condition without unnecessary delay, and doing as little damage as possible in the execution of the powers hereby granted. Separatebooks 7. Every such municipality stall keep or cause to be kept be kept ° Separate books and accounts of the receipts and disbursements for and on account of any such undertaMngs distinct from the books and accounts relating to the other property, funds and assets of the municipality. Distribution of telephones to be regulated 8. Every such municipality shall regulate the distribution, supply and use of telephones in all places and for all purposes where the same may be requi.red from time to time, and shall fix the charges therefor or for the use thereof and the times of pa3rment, the discounts for prompt payment or for payment in advance, and the -penalties for allowing payments to fall iit arrears. Rents, payment of rentals 9. AH such charges, rents and rates, when collected, shall be paid over to the secretary-treasurer or overseer of the municipality and be by him placed to the credit of the proper account. ma":rmak^*^ 10. Every such municipality shall have power from time tO' by-laws time to make, amend, change and enforce all necessary by-laws, rules and regulations for the general maintenance, management or conduct of any such undertaking, the officers and other persons employed therein, and for the collection of all charges, rents and rates, and to enforce payment of any such rates or rents or charges by discontinuing the service or otherwise, or by action or suit before any court of competent jurisdiction; and for the purposes of this Act all charges, rents, rates and accounts due to such 222 MUNICIPAL TELEPHONES Cap. 31 1906 municipality for the use of telephones shall be treated in every way as if the same were taxes levied under the provisions of the law relatuig to assessments in such municipalities. 11. None of the property of the said municipality used in Property connection with such telephone service shall be subject to orsSre'™" liable for rent or liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be, or in any way whatsoever liable to any person for a debt of the person to or for whose use or for the use of whose house or building any appliances in connection with such service may be supplied by the said municipality, jijotwithstanding the actual or apparent possession thereof by such person. 13. All officials and other persons employed by any such Employees to municipality in the construction, operation or management of^Sriii'^™ any of said works or imdertakings, or in the collection of charges, p}^^'^ rents and rates, shall hold their ofl&ces at the pleasure of the council of the said municipality or as the coimcil shall determine by by-law or resolution in that behalf, and shall give such security as the said council shall from time to time require. 13. Such municipality shall not be liable for damages caused ^^^^"jty by the breaking of any wires or other appliances, or for any damages in shutting off of current by reason of accident to the works, wires ''*'**™ "^^^ or other appliances, or by reason of it being considered necessary to repair or replace any of the same. 14. It shall be lawful for the oflacers of the said municipality officers to and every person authorized by them for that purpose to havetobuUdi^ free access at proper hours of the day to all pa.rts of every build- ing in which current is delivered for the purpose of making repairs, or of inspecting or altering any wires or other appliances, or for the purpose of removing any or all of the same. 15. Every such municipaUty may sell and convey any lands Munidpauty or other property, real or personal, purchased for any of saidSng^^pr^ undertakings, if the same shall cease to be required, or which w^™^°°' the said municipality shall deem unnecessary therefor, either requSed for cash or credit or partly cash and partly credit, with power to take a mortgage or mortgages to secure payment of the purchase money; the proceeds arising from any such sale to be added to and form part of the funds for the construction or maintenance of .any such undertaking. 16. Every such municipality shall have full, entire and ex- Exclusive elusive possession,' control and management of all such lands ™p^°i^ and works, wires, poles, appliances and all things appertaining »ven to thereto, and shall and may prosecute and defend any action "^""""^ ^ or actions, suit or suits, or process, against any person or persons or corporation for money due for the use of such telephones, for the breach of any contract, express or implied, touching the execution or management of the works or use 'of telephones, or of any promise or contract made to or with the sai(Jmunicipality, and also for any injury, damage, trespass, nuisance or other wrongful act done, committed or suffered to the said lands, works, 223 1906 Cap. 31 MTXMCIPAL TELEPHONES wires, poles and appliances or other things of any kind or any apparatus belonging to or connected with any part of the said works. Special assess- ment may be made Borrowing powers ^d'to^ro er ^^ ' ^^^ ^^^ construction of any of the said works or under- officer of . takings all the revenues arising from or out of the use of telephones, mumcipaiify ^^ from the real or personal property connected with the said works or undertakings to be acquired by any such municipality, shall, after providing for the expenses attendant upon the maia- tenance of the said works or undertakings, be paid over to the treasurer, secretary-treasurer, or overseer, of the said municipality and appUed by him as hereinbefore provided, and any surplus may be treated as ordinary revenue of the municipality. 18. The coimcil of every city, town or local improvement district and the overseer of every village estabUshing a municipal telephone system under the provisions of this Act may provide for the fcost of the installation and maintenance of the same by a special assessment upon the assessable property in such municipaUty, and such assessment shall not be deemed to be part of, or taken into account in determining, the amount which any mimicipaUty is by law at the date of the passing of this Act entitled to raise by taxation. , 19. Every mimicipality owning, possessing or operating a municipal telephone plant shall have power to borrow, in addition to all oth^r borrowing powers, a sum or sums of money not exceed- ing one-half of the receipts of the previous year from its telephone business, and repayable during the current year, for the purpose of providing for the carrying on the undertaking during the year in which such loan was made. Agreraneiit 30. Evcry municipality owning or operating any telephone wS^G^overn- system shall have power to enter, by by-law, into any agree- AibCTte ment with any person, company, or municipality, or with the Government of Alberta providing for the erection, establishment and maintenance of a telephone system and for connection, inter-communication, joint "operation, reciprocal use or trans- mission of business as between any telephone systems owned or operated by the respective parties, and for such consequent division of receipts, expenditures or profits or such payment of compensation, or such other financial or other adjustment between the respective parties as may be necessary or advisable for the purposes of the said agreement. teif hones not ^^' ^^ P^rson shall be held to be disqualified from being toMtaa^"° elected or sitting as a member of the coimcil of any such muni- ff 2S« of™ cipality by reason of his using telephones supplied by or from municipal the works of such municipality. council Emtingrighta 22. Nothing in this Act shall be taken to affect any right, preserv power Or franchise at the date of the passing hereof possessed, used or enjoyed by any municipality, person or corporation. When Act to come into force 33. This Act shall come into force on the day upon which it is assented to. (NOTB. — Chapters 32 to 76, inclusive, of 1906 are private Acts.) 224 1907 CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money for the Civil Service for the financial Tear ending the Thirty-first Day of December, 1907. (Assented to March 15, 1907.) Most Gracious Sovereign: \X7HEREAS it appears by Message from His Honour George Preamble "' Hedley Vicars Bulyea, the Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Message, tTiat the sums hereinafter mentioned are required to defray certain expenses of the Civil Service of this province not otherwise provided for during the financial year ending the Thirty-first day of December, one thousand nine hxmdred and seven, and for other purposes relating thereto: May it there- fore please Your Majesty that it may be- enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1907." ^to't title 3. Prom and out of the General Revenue Fund there may S2,763,974.i!i be paid and applied a sum not exceeding in the whole two million feM*i907" seven hundred and sixty-three thousand nine hundred and seventy-four dollars and eighteen cents ($2,763,974.18) towards defraying the several charges and expenses of the Civil Service of the province for the financial year ending the thirty-first day of December, in the year of our Lord one thousand nine hundred and seven, not otherwise provided for and set forth in schedule A to this Act, and also for the other ptirposes in the said schedule mentioned. And the sum of four hundred thousand dollars for the expenses of legislation, maintenance of public institutions, salaries of officers of the Government and civil service from the first day of January, one thousand nine hundred and eight up to and until the final passage of the estimates of expenditure for the financial year one thousand nine hundred and eight, as set forth in schedule B. . ' 3. The due apphcation of all moneys expended under thisAppUoaticmto Act shall be accounted for. be accounted for 225 1907 Cap. 1 APPKOPKIATION SCHEDULE A. I. CrviL Government — Lieutenant Governor's Office S 2,700. 00 Executive Council 40,900.00 Attorney General's Department 15,940.00 Provincial Secretary's Department 4,100.00 Treasury Department 9,560. 00 Provincial Auditor's Office 8,530.00 Public Works Department 39,740.00 Education Department 12,180. 00 Agriculture Department 21,900. 00 $155,550.00 IT. Legislation 34,000.00 III. Administbation op Justice 345,722.68 IV. Public Wokks , 1,293,000.00 V. Education 365,675.00 VI. Agbiculture and Statistics 435,576.50 VII. Hospitals, Chabities and Public Health 34,500.00 VIII. Miscellaneous 99,950.00 $2,763,974.18 SCHEDULE B. Sum granted to His Majesty by the Act for the year one thousand nine hundred and eight and the purpose for which it is granted. To defray the expenses of Legislation, Maintenance of Public Institutions, Salaries of the officers of the Government and Civil Service from January 1, 1908, up to and until the final passage of the Estimates of Expenditure for the financial year, 1908 $400,000. 00 226 1907 CHAPTER 2. An Act respecting Controverted Elections. (Assented to February 11, 1907.) HIS MAJESTY; by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Controverted Elections A ci." short title INTERPEETATION. 3. In this Act imless the context otherwise requires — interpretation 1. The expression "the judge" shall mean a judge of thej^dge Supreme Court; 2. The expression "the clerk" shall mean the clerk of theaerk said court for the judicial district in which a petition is filed as hereinafter provided. PETITIONS. 3. At any time within thirty days after the publication by Time the Clerk of the Executive Council of the notice prescribed by^^tioM™ section 236 of The Alberta Election Act any defeated candidate or any duly qualified elector of the electoral district in which the election was held may petition against the undue return or undue election of any candidate at such election. 1909, c. 4, s. 12. 4. Such petition may be in form A in the schedule hereto; ^o™^^^ and shall within the time prescribed by the last preceding section be filed in the office of the clerk of the Supreme Court for the^*™* judicial district in which such electoral district or the largest part thereof is situated and shall contain the following statements: (a) The right of the petitioner to petition; (b) The holding and result of the election in general terms; (c) In a brief form the facts and grounds rehed on to sanction the prayer; and such petition shall conclude with a prayer that the election may be declared void and set aside and it also may contain a prayer that some other candidate at the election than the one certified to be elected was duly elected. SECXJKITY FOR COSTS. 5. The petitioner shall at the time he files such petition deposit Petitioner to with the said clerk the sum of $500 in current bank notes of thegr^^l?^*^ 227 1907 Cap. 2 CONTROVERTED ELECTIONS Dominion of Canada or other current money as security for the respondent's costs of and incidental to the said petition and the proceedings thereunder. SERVICE OF PETITION. be^lwv^d^th ®* ^ ''^P^ °^ ^^^^ petition shall be served on the candidate copy of petition against whom such petition is filed (herein called the respondent) within twenty days after the same is so filed; and such service may be effected in the way that service of a writ of summons in an ordinary civil action in the said court is effected. Extension of time for service Substitutional service 7. Upon the judge being satisfied by affidavit either before or after the time hereinbefore limited for the service of a copy of the petition that every reasonable effort has been made to effect such service and that such service has not been effected, he may ex parte extend the time for effecting such service for a period not exceeding ten days and so from time to time imtil such service has been effected; or the judge may in such case make an ex parte order for substitutional service of such petition in such maimer as he may direct. ADDRESS FOR SERVICE. mdOT3e°add?esBi ^" ^^^ petitioner shall endorse on the petition filed with the for service on clcrk and ou the copy thereof served on the respondent an address petition £qj. ggj.yj(,g (vFhich shall not be more than three miles from such clerk's office) at which all summonses, notices, demands and other papers in the proceedings may be served on him; and in default of so doing such summonses, notices, demands and other papers in the proceedings may be served on him by being filed with the clerk. Respondent to file notice of address for service 9. The respondent shall within ten days after being served with a copy of the petition as hereinbefore provided file with the clerk a notice in writing specifying an address for service not more than three miles from such clerk's office at which all summonses, notices, demands and other papers in the pro- ceedings ma,y be served on him; and in default of so doing such summonses, notices, demands or other papers may be served on him by being filed with the clerk. Respondent may applj^ to have petition set aside PRELIMINARY OBJECTIONS. 10. The respondent may at any time within . twenty das^s after the service upon him of the petition apply to the judge to set such petition aside and have it removed from the files of the court on any of the following grounds: (a) That the petitioner is not qualified to file a petition; (6) That the petition was not filed within the prescribed time; (c) That the deposit has not been made as provided in section 5 hereof; (d) That the petition does not on its face disclose sufficient grounds or facts to have the election set aside or declared void; 228 CONTEOVEKTBD ELECTIONS Cap. 2 1907 (e) That service of a copy of such petition has not been made on him a^ herein prescribed; and the judge may (if satisfied that the apphcation is well founded) order the petition to be set aside and removed from the files of the court with or without costs as he may direct; or (if not so satisfied) may dismiss the application with or with- out costs as aforesaid. PAHTICULAHS. 11. Evidence need not be stated in the petition but the iUspondent respondent may at any time within twenty days after service f^ ^tSl? upon him of the petition (imless he makes an application p"*'""'^"^^ under the last prececfing section and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the judge for particulars or for further and better particulars of the facts and grounds reUed on to sustain the prayer of the petition; and the judge may order such par- ticulars as may be necessary to prevent surprise and to ensure a fair and effectual trial; and may prescribe the time within which such particulars shall be delivered and may in such order direct that in case such particulars are not delivered as prescribed the petitioner shall not be at hberty to give any evidence at the trial with respect to facts and grounds of which particulars are ordered and not delivered. PETITION CLAIMING SEAT; OBJECTIONS. 13. If the petitioner claims the seat for any other candidate Eespondent than the one certified to be elected the respondent may within ^^^l^tof twenty days after service upon him of the petition (unless he^Jeotiqnsa applies to set aside the petition under section 10 hereof, and ifforoth^rthan he does then within ten days after such application is disposed JJ^ate of if it is refused or dismissed) file with the clerk a statement in form B in the schedule hereto, claiming that the seat ought not to be awarded to the candidate for whom it is so claimed because — (a) He is not quahfied to be elected a member of the Legislative Assembly of the province; (b) He at the election in question was guilty of some act or acts in contravention of sections 254 to 260 both inclusive of The Alberta Election Ad; and serve a copy of such statement on the petitioner. 1909, c. 4, s. 12. SETTING ASIDE OBJECTION. 13. The petitioner within ten days after service upon him Petitioner of the said statement may apply to the judge to set such state- £|«;tw^jo^t ment aside and have it removed from the files of the court on of objections any of the following grounds: ' "**°"'^ (a) That it was not filed within the prescribed time; (&) That it was not served on him as herein prescribed; (c) That it does not on its face disclose sufficient grounds to have the election declared void as against the candidate for whom the seat is claimed; (d) That the petition does not claim the seat for any other candidate; 229 1907 Cap. 2 CONTROVEETED ELECTIONS Petitioner may apply for furtner particulars or if the statement is not served on the petitioner as herein directed, he may apply at any time to have it Set aside and removed from the files of the court; and the judge may (if satisfied that any appUcation under this section is well founded) order such statement to be set aside and removed from the files of the court with or without costs as he may direct; and if not so satisfied he shall dismiss the apphcation with or without costs as he may direct. evidence; particulaes. .14. Evidence need not be stated in such statement, but the petitioner may at any time within ten days after service ujpon him of the said statement (unless he makes appUcation under section 13 hereof to set the statement aside, and if he does then within five days after such application is disposed of if it is refused or dismissed) apply to the ju^ge for particulars or for further and better particulars of the facts and grounds relied on for the claim that the seat ought not to be awarded to the candidate for whom its is claimed in the petition; and the judge may order such particulars as may be necessary to prevent sur- prise and ensure a fair and effectual trial in the same manner and with the same consequence as prescribed in section 11" hereof. petitions at issue. Petition when at issue 15. If the said petition is not ordered to be set aside and taken off the files of the court the same shall be deemed to be at issue when all other orders (upon applications hereinbefore authorized to be made) by the judge have been made whether granting or refusing such applications or when the time for making such applications has expired if no such applications have been made. Application of petitioner for time and place of trial Application of respondent for dismissal of petition 16. At any time after the said petition is at issue the petitioner may apply to the judge to appoint a tune and place for the trial of the petition; and the judge (on being certified that the petition is at issue) shall appoint a time and place for such trial. 17. If the petitioner does not within one month after the petition is at issue apply to the judge to appoint a time and place for the trial of the petition, the respondent may apply to the judge to dismiss the petition; and the judge may there- upon at the return of the summons (if the application is properly made) either dismiss the petition with costs or appoint a time and place for the trial of the petition. geneeal. Petitions and proceedings thereunder deemed cause in court 18. The said petition and all proceedings thereunder shall be deemed to be a cause in the court in which the said petition is filed, and all the provisions of The Judicature Ordinance or of any Act hereafter passed or rules of court hereafter promul- gated by competent authority in substitution for or amendment of The Judicature Ordinance or of the rules of court therein con- tained in so far as they are apphcable and not inconsistent with 230 CONTROVERTED ELECTIONS Cap. 2 1907 the provisions of this Act shall be applicable to such petition and proceedings; and the tariff of costs for clerks, sheriffs, solici- tors and counsel, and interpreters whether prescribed by The Judicature Ordinance or under its authority or otherwise by competent authority, shall be applicable to such proceedings. 19. Applications to the judge shall be made in chambers Applications and unless authorized to be made ex parte shall be made by Ambers" summons. TRIAL. 30. The judge shall attend at the time and place a,ppouited Trial for the trial and try the matters of the said petition and arising thereout; and such place of trial shall be an open court at which the usual oflScers of the court shall attend and perform their respective duties as in the case of any other trial in the said court; arid such trial may be adjourned from day to day or for such farther time as the judge may direct. judge's report. 31. If the judge on such trial finds that the respo^ident was Judge unduly returned Or elected a member of the Legislative Assembly to oiCTiTof by reason of any of the matters alleged in the petition he shall §^^|p^ forthwith after the expiration of fourteen days from delivering his judgment (unless his judgment is appealed and application is made for a stay as hereinafter provided) report such finding to the clerk of the Executive Council; and shall certify in such report for what cause he finds that the respondent was unduly returned or elected; and if the seat is by the petition claimed for another candidate than the respondent, and the judge finds at such trial that such other candidate is entitled to the seat, he shall so certify in the said report to the said clerk of the Execu- tive Council and thereupon such other candidate shall be entitled to the seat in the place and stead of the respondent; but the judge shall not so find or certify such other candidate is entitled to the' seat under any circumstances if he finds that he is not qualified by law to be a member of such Assembly or that at the election in question he was guilty of any acts in contravention of sections 254 to 260 "both inclusive of The Alberta Election Ad, provided that such want of qualification or acts (as the case may be) have been charged against such candidate in a statement filed under the provisions of section 12 hereof. 1909, c. 4, s. 12. (2) If the judge does not in such report certify that another candidate is entitled to the seat the election shall be void and set aside, and a writ of election shall be issued to fill the vacancy so created. 33. If the judge at the trial finds that the matters set forth Dismissal in the petition are not proved to his satisfaction he shall dismiss °* p^*'**™ the petition. WITHDRAWAL OF PETITIONS. 33. The petitioner may at any time withdraw his petition ^ipitjjdjawai by filing with the clerk a statement in writing that he so with- of p^titio" 231 1907 Cap. 2 CONTROVERTED ELECTIONS draws it and serving the respondent with a notice of such with- drawal; and in such case the judge shall on application order the petitioner to pay the respondent's costs of and incidental to the petition and the proceedings thereunder. rfstete^nt ^^' "^^^ respondent may at any time withdraw any statement byrespSnt filed by him under section 12 hereof by filing with the clerk a statement that he so withdraws it, and serving the petitioner ' with a notice of such withdrawal; and in such case the judge shall on application order the respondent to pay the petitioner's costs of and incidental to such statement. ADMISSION OF UNDUE ELECTION. m^e^'r°tio ^^' Unless the seat is claimed for a candidate other than filed by respon- the respondent, the respondent may at any time admit that declared vSd ^^ was unduly returned or elected by filing with the clerk a statement in writing admitting such fact and serving the peti- tioner with a notice that such statement has been filed; where- upon the judge shall on appfication order the respondent to pay to the petitioner his costs of and mcidental to the petition; and shall report to the clerk of the Executive Council that the respondent has admitted that he was unduly returned or elected; whereupon the election shall be void and set aside and a writ of election shall be issued to fill the vacancy so created. COSTS. Costs in discretion of judge 36. Except when otherwise provided the costs of the petition and all matters incidental thereto and arising thereout shall be in the discretion of the judge. Judge may order cost^ to be paid out of security deposited 37. If the judge at any time orders costs to be paid by the petitioner, he may (when the petition and all matters arising thereout have been finally determined and disposed of) order such costs to be paid out of the moneys deposited by the peti- tioner on filing the petition; but nothing in this section shall be construed as preventing the respondent from proceeding at any time to recover any costs that may have been awarded to him according to the ordinary practice of the court. APPEAL. Appeal to court en banc 38. An appeal shall lie to the Supreme Court sitting en banc from any order or determination of the judge; and such appeal shall be had and taken -and all proceedings relating thereto shall be had and taken and the Supreme Court en banc shall deal with such appeal in the same manner as appeals and the pro- ceedings thereunder are had, taken and dealt with under The Judicature Ordinance or under any Act hereafter passed or rules of court hereafter promulgated by competent authority in substitution for or in amendment of the said Judicature Ordinance and of the rules of court therein contained. Interlocutory appeals 39. If such appeal is from an order or determination other than any finding or determination under sections 21 or 22 hereof 232 CONTROVERTED ELECTIONS Cap. 2 1907 it shall not operate as a stay of proceedings unless so ordered stay of^ by the judge; and the judge may for reasonable cause at any time'"™'°*'^^ set aside any stay of proceedings he may so order. 30. If such appeal is from any finding or determination under stay of section 21 hereof the appellant shall (before the expiration ofSHppeai^ the fourteen days mentioned in that section) apply ex parte |^°^^^'J^ to the judge for a stay of proceedings; and the judge on being satisfied that notice of the appeal has been duly given shall make an order staying proceedings and shall not forward his report as provided in section 21 until the appeal is finally determined. (2) The other party may apply to the judge at any time ^wMoation to before the appeal is lodged with the registrar or other proper for delay ofi&cer of the court to have such stay set aside and the appeal quashed on the ground that the appeal is not being prosecuted with sufficient despatch; and the judge may if satisfied that there has been imdue delay in prosecuting such appeal set aside the stay of proceedings and quash the appeal and in that case shall forthwith forward his report to the clerk of the Executive Council as provided in section 21. (3) No order shall be made as provided in the preceding sub- section if at the time of the application the appeal has been lodged with the said registrar or other proper officer as aforesaid. 31. When any appeal to the Supreme Court en banc is duly faring and lodged with the registrar or other proper officer as aforesaid, of 4>peaiB™ it shall be proceeded and dealt with according to the practice of such court in appeals in civil causes; and the adjudication and finding of such court on such appeal shall be duly certified by the registrar or such other proper officer to the judge appealed from; and if the appeal is from any finding or determinatio'n of the judge under section 21 and such finding or determination is affirmed in whole or in part, the judge shall fortj^hwith forward jj^p^^t ^^ his report to the clerk of the Executive Council as provided in«ieoierkof section 21 and as varied or modified by the 'order of the court coSr^ en banc if so varied or modified. BALLOTS NOT TO BE COUNTED. 33. Nothing in this Act contained shall be construed to No count authorize the judge to count or recount the ballots cast at anySyj^g^ election, but the count of such ballots and the recount (if any) under The Alberta Election Act shall be considered conclusive. 1909, c. 4, s. 12. 33. This Act shall come into force immediately upon assent to the same being given. 233 1907 Cap. 2 CONTROVERTED ELECTIONS SCHEDULE. In the Supreme Court, Judicial District of. . FORM A. Between A.B., Petitioner, and * CD., Respondent. The petition of A.B. of {slaiing "petitioner's residence and occupation) sheweth: 1. An election was held on the. . .' day of A.D. 1 (state the date of the general polling day) for the Electoral District of [state the name of the electoral district) at which C.D. and E.F. were can- didates, and the said C.D. has been certified to be the person elected at such election. 2. The petitioner was a duly qualified elector at such election (or the petitioner was a defeated candidate at such election). 3. The petitioner says (state here thefaxts and grounds on which the petitioner Wherefore the petitioner prays that it may be declared that the election of the said C.D. is void and that it be set aside and (if the seat is claimed for another candidate) that it may be declared that the said E.F. was duly elected. Dated the day 6f A.D. 19 FORM B. In the Supreme Court, Judicial District of Between A.B.^ Petitioner, and CD., Respondent. The above named respondent, CD., says thatjthe seat claimed in the petition herein for the said E.F. ought not to be awarded to him because (here state the grounds and facts on which the respondent relies). Dated the day of A.D. 1 C.D. 234 1907 CHAPTER 3. An Act respecting the Supreme Court. (Assented to Febritary 11, 1907.) OIS MAJESTY, by and with the advice and consent of the ^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE, 1. This Act may be cited as " The Supreme Court Ad" shortjtitie INTEBPRBTATION. 3. In this Act, unless the context otherwise requires — interpretation (a) The expression "rules of court" includes the rules inRuies force by virtue of this Act as well as any other rules to be made °' °°"^ under the authority of this Act, and also includes forms; (b) The expression "cause" includes any action, suit or other Cause original proceeding between a plaintiff and a defendant; (c) The expression "action" includes suit, and means a civil Action proceeding commenced in such manner as may be prescribed by rules of court; (d) The expression "matter" includes every proceeding in Matter the court not in a cause; (e) The expression "plaintiff" includes every person asking Plaintiff any reUef (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, suit, petition, motion, summons, or otherwise; (f) The expression "petitioner" includes every person makiiigPetitioner any appUcation to the court either by petition, motion or summons otherwise than as against any defendant; {(j) The expression "defendant" includes every person served Defendant with any process, or served with notice of or entitled to attend any proceedings; (ft) The expression "party" includes every person served with Party notice of or attending any proceeding, although not named on the record; (i) The expression "judgment" includes decree; Judgment (j) The expression "order" includes rule; Order (fc) The expression "oath" includes solemn affirmation andoath statutory declaration; (0 The expression "Court" means the court by this Act Court established; (wi) The expression "judge" means a judge of such court, Judge and includes the Chief Justice; (n) The expression "verdict" includes the finding of a juryVerdict and the decision of a judge. 235 1907 Cap. 3 SUPREME COURT ORGANIZATION. Organization 3, There shall be in and for the province a Superior Court of civil and criminal jurisdiction known as "The Supreme Court of Alberta": Provided that for the purposes of reference in this or any other Act the said court may be styled "The Supreme Court." , SEAL OF COURT. Seal 4, The said court shall have and use as occasion may require such seal as is authorized to be used by the Lieutenant Governor in Council; and any seal so authorized may afterwards be changed by the Lieutenant Governor in Council. JUDGES. Judges Puisne judges Powers of judges Writs of certiorari 5. The court shall consist of a Chief Justice who shall be styled "The Chief Justice of Alberta," and eight puisne judges who shall be called and be the justices of the court; three of the judges of the Supreme Court and who shall reside at the City of Edmonton or at the City of Calgary, and the Chief Justice and justices of the court shall have, use, exercise and enjoy all the powers, rights, incidents, privileges and immunities of a judge of a Superior Court of Record, and all other powers, rights, incidents, privileges and immunities, as amply and as fully to all intents and purposes as the same were, on and prior to the fifteenth day of July one thousand eight hundred and seventy, used, exercised and enjoyed by any of the judges of any of Her late Majesty's Superior Courts of Law or Equity, or- by the judges of Her late Majesty's Court of Exchequer as a Court of Revenue, or by the judges of the Court of Probate in England as well as by the judges of any of Her late Majesty's Courts created by Commissions of Assize, of Oyer and Terminer and of Gaol Delivery, or any of such Commissions. 1908, c. 20, s. 18 and 32, proclaimed. Vol 7, page 622 Alberta Gazette, 1913 (1st Session), c. 9, s. 38 (1); 1913 (2nd Session), c. 2, s. 11 (1), proclaimed. Alberta Gazette, 1914, Vol. 10, pages 53 and 165. (2) Subject to any Statute prohibiting or restricting proceed- ings by way of certiorari, a single judge shall, in addition to his other powers, have all the powers of the court as to proceed- ings by way of certiorari over the proceedings, orders, convictions, and adjudications had, taken and made by justices of the peace, and in addition thereto shall have the power of revising, amend- ing, modifying or otherwise dealing with the same; and writs of certiorari may, upon the order of a judge, be issued by the clerk of the court mentioned in such order returnable as therein directed. Precedence of judges 6. The Chief Justice of the court shall have rank and prece- dence over all other judges of any court in the province; and the puisne judges shall have rank and take precedence over the judges of any other court and between themselves according to seniority- of appointment. 236 SUPREME couBT Cap. 3 1907 7. Every judge of the court previous to entering upon the Oath of judges duties of his office, shall take the following oath, to be adminis- tered by the Lieutenant Governor, the Chief Justice of the court, or any puisne judge thereof: "I, , solemnly and sincerely promise and swear that I Avill duly and faithfully, and to the best of my skill and knowledge, exercise the powers and trusts reposed in me as Chief Justice (or one of the puisne judges) of the Supreme Court. So help me God." 8. Where a judge resigns his office and any case which has Judge been fully heard by such judge, either alone or jointly with other ^a;^"! judges, stands for judgment, he may give judgment therein ''"^s"^"* as if he were still a judge of the court; and any such judgment shall be of the same force and validity as if he were still such judge, provided that such judgment of the judge be delivered within six weeks after his resignation. JUEISDICTION. 9. The court shall within the province and for the adminis- •'""='1'°*'°" tration of the laws for the time being in force within the province, in addition to any other jurisdiction, rights, powers, incidents, privileges and authorities which immediately prior to the coming into force of this Act were vested in or capable of being exercised within the province by the Supreme Court of the North-West Territories, possess the jurisdiction which on the fifteenth day of July, one thousand eight hundred and seventy, was vested in, or capable of being exercised in England by— 1. The High Coiu-t of Chancery, as a Common Law Court, as well as a Court of Equity, including the jurisdiction of the Master of the Rolls, as a Judge or Master of the Court of Chancery, and any jurisdiction exercised by him in relation to the Court of Chancery as a Common Law Court; 2. The Court of Queen's Bench; 3. The Court of Common Pleas at Westminster; 4. The Court of Exchequer as a Court of Revenue, as well as a Common Law Court; 5. The Court of Probate; 6. The Court created by Commissioners of Assize and Oyer and Terminer and of Gaol Delivery, or any of such Commissions. (2) The jurisdiction aforesaid shall include the jurisdiction which, at the commencement of this Act, was vested in or capable of being exercised by all or any one or more of the judges of the said courts, respectively, sitting in court or chambers, or else- where, when acting as judges or a judge in pursuance of any statute, law or custom; and all powers given to any such court, or to any judges or judge, by any statute; and also all ministerial powers, duties and authorities, incident to any and every part of the jurisdiction so conferred. 10. For the purpose of removing doubts and ambiguity but Removal of not so as to restrict the generality of the next precedmg section, jS^oSju" it is declared and enacted that the court shall have the Uke 237 1907 Cap. 3 SUPREME COUBT Fraud and . accident Trusts, &c. Waste Specific performance Discovery Multiplicity of actions Decreeing issue of letters patent Avoiding letters patent Powers in cases not provided for Injunction staying waste jurisdiction and powers as by the laws of England were, on the fifteenth day of July in the year one thousand eight hundred and seventy, possessed and exercised by the Court of Chancery in England in respect of the matters hereinafter enumerated or referred to, that is to say: (a) Fraud, mistake and accident; (6) In all matters relating to trusts, executors and adminis- trators, co-partnerships and accounts, mortgages and awards, or to infants, idiots or lunatics and their estates; (c) The staying of waste; (d) The compelling of the specific performance of agreements and contracts; (e) The compelling of the discovery of concealed papers or evidence, or such as may be wrongfully withheld from the party claiming the benefit of the same; (/) The preventing of multiplicity of actions or suits; (g) The decreeing of the issue of letters patent from the Crown to rightful claimants; (h) The decreeing of the repeal and of the making void of letters patent issued erroneously, or by mistake, or improvidently, or through fraud; (i) The administration of justice in all cases in which there exists no adequate remedy 'at law; (j) The granting of injunctions to stay waste in a proper case, notwithstanding that the party in possession claims by an adverse legal title. Equitable rules of decision to govern 11. The rules of decision in the said matters in the last preced- ing section mentioned shall, except where otherwise provided, be the same as governed the Court of Chancery in England in like cases on the fifteenth day of July, one thousand eight hundred and seventy. Relief against forfeiture for breach of covenant to insure in certain cases 13. The court shall have power to reUeve against a forfeiture for breach of a covenant or condition in any lease to insure against loss or damage by fire, where no loss or damage by fire has happened, and the breach has in the opinion of the court been committed through accident or mistake, or otherwise without fraud or gross negligence, and there is an insurance on foot at the time of the application to the court in conformity with the covenant to insure, upon such terms as to the court may seem fit. S'^Tnted?' 13. The court where rehef is granted shall direct a record same to b4 of such relief having been granted, to be made by endorsement on the lease or otherwise. recorded To what leases preceding provisions apply 14. The preceding two sections shall be appHcable in the case of leases for a term of years absolute, or determinable on a life or lives or otherwise, and also in the case of a lease for the life of the lessee or the life or lives of any other person or persons. coMlqSfnc"s'of 15. Thc court shall have jurisdiction to grant and shall grant of p?SS.af or ""^li^f ^^°^ ^^^ consequences of nonpayment of principal or interest interest by by a mortgagor or purchaser in any case in which the mortgagor, mortgagor ooo SUPREME COURT Cap. 3 1907 his heirs or assigns, shall pay all the arrears .due under the mort- gage or agreement for sale with lawful costs and charges in that behalf at any time before any judgment in the premises is recovered or within such time as by the practice of the court relief therein could be obtained. 1914, c. 2, s. 10. 16. The court shall have jurisdiction to grant alimony to Jjj^^'^"*'™ ■" any wife who would be entitled to alimony by the law of England, or to any wife who would be entitled by the law of England to a divorce and to alimony as incident thereto, or to any wife whose husband lives separate from her without any sufficient cause and under circumstances which would entitle her, by the law of England, to a decree for restitution of conjugal rights; and alimony when granted shall continue until further order of the court. (2) In any action for alimony the court may, whenever such injunction a course appears to it to be proper, and either before or af ter iSmof y*"** judgment, grant an injunction for such time and upon such"^''^ terms as may be just to prevent any apprehended disposition of his property, either real or personal or both, by the defendant therein. 17. An order or judgment for alimony may be registered in Registration any land titles office and the registration shall, so long as thef^^^^j^^j^™* order or judgment registered remains in force, bind the estate and interest of every description which the defendant has in any lands in the land titles district where the registration is made, and operate thereon in the same manner, and with the same effect, as the registration of a charge by the defendant of a life aimuity on his lands. 18. The court shall have jurisdiction to entertain an action criminal for criminal conversation. The law applicable to such actions '""'^°'^°°'"°° shall be as the same was in England prior to the abolition of such action in England; and the practice shall be the same as in other actions in the court, so- far as it is applicable. 19. In every case in which the com-t has authority to order vesting the execution of a deed, conveyance, transfer or assignment of°ffeotof any property, real or personal, the court may by order vest such real or personal estate in such persop or persons, and in such manner, and for such estates, as would be done by any such deed, conveyance, assignment or transfer if executed; and thereupon the order shall have the sam,e effect as if the legal or other estate or interest in the property had been actually conveyed, by deed or otherwise, for the same estate or interest, to the person in whom the same is so ordered to be vested, or in the case of a chose in action, as if such chose in action had been actually assigned to such last mentioned person. 20. The court shall have the same jurisdiction as the Court Leases, of Chancery had in England on the fifteenth day of July of the |^l=t "! eto*^**^ year one thousand eight hundred and seventy in regard- to leases and sales of settled estates, and in regard to enabling infants with the approbation of the court to make binding settlements of their real and personal estate on marriage; and 239 1907 Cap. 3 SUPREME COURT Examination of married women Service of infants Service in case of more than one infant, etc. Application of moneys realized in regard to questions submitted for the opinion of the court in the form of special cases on the part of such persons as may by themselves, their committees or guardians, or otherwise, concur therein. (a) The examination of a married woman apart from her husband as to her knowledge of the nature and facts of an appli- cation for the sale or leasing of any settled estate, or as to her consent thereto, shall in no case be necessary, unless expressly directed by the court or a judge; (&) Infants and persons of unsound mind (not so found) for whom there is no committee, required to be served with notice of any application to the court, may be served by delivery to the public administrator of the judicial district where the proceed- ings connnenced, of a copy of the petition or other proceeding required, to be served; and from the time of such service the said public administrator shall be the guardian ad litem Of the infant or person of unsound mind, unless and until the coiu't , or judge otherwise orders; and the said public administrator or any other guardian appointed by the court for the infant or person of unsound mind, shall take all such proceedings as he may think necessary for the protection of the interests of the infant or person of unsound mind in the proceedings in which he is so appointed guardian; (c) In case there be more than one infant or person of imsound mind (not so found) for whom service is made on the public administrator, onfe copy only of the petition or other proceeding need be so served, but the name of each person on whose behalf the pubhc administrator is served is to be stated on the copy served; (d) Money realized from the sale or leasing of any settled estate, or any interest therein, shall be paid, applied or invested as the court or a judge shall direct. The court may try the validity of wills 31. The court shall have jurisdiction to try the validity of last wills and testaments, whether the same respect real or personal estate, and whether probate of the will has been granted or not, and to pronounce such wills and testaments to be void for fraud and undue influence or otherwise, in the same manner and to the same extent as the court has jurisdiction to try the validity of deeds and other instrxmients. Jurisdiction formerly exercised by the Supreme Court of the N.W.T. 33. The court shall have, generally, all the jurisdiction, powers and authority which prior to the coming into force of this Act was by any law, order or regulation vested in or capable of being exercised by the Supreme Court of the North-West Territories within the province; and where in any Statute, Act or Ordinance or in any order or regulation made thereunder reference is made to the Supreme Court of the North-West Territories, or to any court which may after the passing of such Statute, Act or Ordinance be constituted, exercising within the province the jurisdiction, powers and authority at the date of the passing of such Statute, Act or Ordinance exercised therein by the Supreme Court of the North-West Territories, or to any judge thereof, such reference shall, after the coming into force of this Act, be taken to mean and to refer to the court by this Act established and a judge of such court respectively. 240 SUPREME COURT Cap. 3 1907 83. The jurisdiction of the court shall be exercised so far Exercise of as regards procedure and practice in the manner provided by 'alfJIgarda" this Act or by rules and orders of the court made pursuant toP"™''"^ this Act. RULES OF COURT. 84. The Lieutenant Governor in Council may from time to Rules ot court time make and authorize the promulgation of rules of court governing the practice and procedure in the court, the duties of the officers thereof, the costs of the proceedings therein, and the fees to be taken by officers of the court, and may alter and annul any rules of court or tariff of costs or fees for the time being in force whether the same be included in The Judicature Ordinance or any amendments thereto or in any rules made by the judges of the Supreme Court of the North-West Territories pursuant to the powers granted to them in relation thereto or otherwise, and may make any further and additional rules for carrying this Act into effect, or may authorize the judges of the court to make and promulgate such rules, tariffs or to alter and annul any of such rules or tariffs or make additional rules, as hereinbefore mentioned; but until such rules are so made and promulgated, or such tariffs of fees and costs so brought into force, the rules, practice and procedure and the tariff of costs upon the higher scale of the Supreme Court of the North-West Territories shall be the rules, practice and procedure in the said court, and the tariff of costs to be allowed to solicitors and counsel therein; and the fees in the said rules of the Supreme Court of the North- West Territories prescribed to be taken by clerks and sheriffs in, actions over $200 shall be the fees to be taken by clerks and sheriffs in proceedings in the court until so repealed or altered. CLERKS AND OTHER OFFICERS. 85. The clerks, acting clerks and deputy clerks of the cierks and Supreme Court of the North-West Territories in the severar*'' °®°"' judicial districts, shall be and they are hereby appointed clerks, acting clerks and deputy clerks respectively of the court for such judicial districts respectively as they were before the passing of this Act appointed to as clerks, acting clerks and deputy clerks respectively of the said Supreme Court of the North-West Territories, during pleasure; and they shall perform in relation to the court hereby constituted all the functions and duties required by any law, order or regulation to be performed by the clerks, acting clerks and deputy clerks respectively of the court. OTHER OFFICERS. 36. All other officers and functionaries of the Supreme other officers Court of the North-West Territories residing in the province shall be and they are hereby appointed during pleasure to be smiilar officers and functionaries of the court with the same duties and powers as they respectively exercised and enjoyed under any law, order or regulation with relation to the said fcupreme Court of the North-West Territories. 241 1907 Cap. 3 SUPREME COURT ^pointment of officers 21. The Lieutenant Governor in Council may appoint a registrar of the court and such other officers, clerks and assistants as the business of the court may from time to time require, and may designate such officers, clerks and assistants by appropriate names, specify their duties and fix their remuneration. Officers may administer oaths, etc. 38. Any officer of the court shall, for the purposes of any proceedings directed by the court to be taken before him, have full power to administer oaths, to take affidavits, to receive affiirmations, and to examine witnesses and parties as the court may direct. SITTINGS OF COURT. Sittings of court 39.fiThe court shall hold its sittings and the judges thereof shall sit in chambers at such times and places as the Lieutenant Governor in Coimcil from time to time by order appoints: Provided that a judge may hold a special sittings of court or chambers at such time and place as he may direct. COURT EN BANC. Chief Justice to preside Jurisdiction 30. The court en banc shall be known as the Appellate Division of the Supreme Court and shall sit at such times and places as the judges of the court shall determine and three judges shall constitute a quorum. 1913 (1st Session), c. 9, s. 38 (2). (2) The judges of the Supreme Court shall, during the month of December, or at such other time as may be convenient, select four of their number to constitute the Appellate Division for the next ensuing calendar year, but every other judge of the said court shall be ex officio a member of the Appellate Division. (3) The terms "Court en banc" or "Court sitting en banc" and "Appellate Division" wherever used in this or any other Act or in any rules made thereunder, shall be deemed to be inter- changeable and to have the same meaning. 1913 (1st Session), c. 9, s. 38 (2). Proclaimed March, 1914:, Alberta Gazette No. 10, pp. 53 and 165. 31. The Chief Justice of the court when sitting shall preside over the court en banc, and in his absence the senior judge sitting shall preside. 33. The court sitting en banc shall have all the jurisdiction and powers possessed by the Supreme Court of the North-West Territories en banc immediately prior to the coming into force of this Act and shall have jurisdiction and power subject to the provisions of the rules of court to hear and determine all applications for new trials, all questions or issues of law, all .questions of points in civil or criminal cases reserved for the opinion of the court, all appeals or motions in the nature of appeals respecting any judgment, order or decision of any judge of the Supreme Court (provided that the same shall not have been made as the judgment or decision of the court en banc) or respecting any judgment, order or decision of any judge of a court of inferior jurisdiction where an appeal is given by any other Act and all other petitions, motions, matters or things 242 SUPREME COURT Cap. 3 1907 whatsoever which might lawfully be brought before any Divisional Court of the Supreme Court of Justice or the Court of Appeal in England. 33. Subject to the provisions of the next following section, f^^|^°/^^\o on any motion, application or proceeding before the court en sit in court banc, the judge by or before whom the verdict then in question ^^"■Sing his was rendered, or by whom the judgment, order or decision, then J®^^^*^" being appealed against or reviewed, was rendered or pronounced at a previous proceeding in the same cause or matter, or by whom the cause or matter then being reheard was determined, shall not sit as one of the judges composing the court, unless it shall be determined by any three of the judges that, on accouiit proviso of there being a vacancy in the court, or of a judge being disquali- fied from sitting through interest in the matter in question or being in ill health, or of other exceptional circmngtances, or of it being impossible to otherwise constitute the court, it would be in the interest of justice in a particular instance that the court should be composed of any three judges. 34. Although the provisions of the preceding section and of to'^mo^fons section 30 shall in general be followed and. complied with, yet, °j^^*™ in exceptional cases and for special reasons, the court, may, upon sections special order of the coiirt, or of any two judges thereof, on and for the purpose of any rehearing, appeal, application or motion, be composed of two judges only, of whom one may be the judge by or before whom any verdict then in question was rendered, or by or before whom any order or decision then being appealed - from or reviewed was rendered or pronounced, or by whom the cause then being reheard was determined. 35. In case after a cause or matter in the court has been^™^^^!^ heard by three or more judges thereof and stands for judgment, &c.,' remaining one of the judges by whom the said cause or matter was heard inlSmous is transferred to the Supreme Court of Canada or to any other y^YgSent court of justice, resigns his office, dies or is absent through illness or other cause, the remaining judges may give judgment as if such judge were still a judge of the court and were present and taMng part in such judgment, if unanimous in their decision, or if the judgment of such dead or absent judge, if given, could not afifect the result. MISCELLANEOUS. 36. The proAdsions of The Judicature Ordinance and sdl^j^Sun amendments thereto shall, save where ■ provision is made in*^»"»«« this Act to the contrary or in substitution therefor, apply mutatis **"* ^ mutandis to the court and to officers thereof, as well with regard to the rules of law according to which law and equity are to be administered in the court as to other matters therein contained : Provided, however, that the provisions of the said Judicature Ordinance contained in part III thereof and known as the Small Debt Procedure shall not apply to the com-t. f 37. Sheriffs, deputy sheriffs, gaolers, constables And other ?o''^=if„°^t peace officers shall aid, assist and obey the court and the judges thereof respectively in the exercise of the jurisdiction conferred hy this Act. 243 1907 Cap. 3 SUPREME COURT Criminal 38. Nothing in this Act shall be deemed to be intended to Sot°^SJted affect the procedure in criminal matters; or any other matter which by law is not within the cognizance of the Legislature of the province. Transfer of causes in Supreme ,, j Court of fi. North-West Territories Act to come into force on ptoclamation 39. The Supreme Court of the North-West Territories shall be superseded within the province by the court estabhshed by this Act, and for all purposes affecting or extending to the province the said Supreme Court of the North-West Territories is abolished, but nevertheless all causes, matters and things except those to which the Small Debt Procediire of The Jvdi- cature Ordinance applies pending in the Supreme Coiirt of the North-West Territories in the province and all proceedings taken therein, and all writs of summons or of execution and all other writs and process issued out of the Supreme Coiui; of the North-West Territories prior to the coming into force of this Act as well as all .moneys paid into the said Supreme Court of the North-West Territories in any such cause, action or matter are transferred to and shall be deemed and taken to be causes, matters and things pending proceedings taken and writs and process issued in and out of the coiirt by this Act established, and may be treated and carried on and final process thereon may be issued as if such causes, matters, things, proceed- ings and process had been commenced or issued respectively in or out of the court hereby established and the said moneys as transferred shall be deemed and taken to be moneys in the court hereby established in the cause, action or matter respectively in which they have been paid into the said Supreme Court of the North-West Territories: Provided, however, that notwithstanding anything in this Act contained the scale of costs and fees under The Jvdicatwe Ordinance shall govern in respect to cases pending in the Supreme Court of the North-West Territories at the date of the coming into force of this Act and continued as in this section provided in the court hereby established. 40. This Act shall come into force upon proclamation. PROCLAMATION. Edmonton, Monday, Sept. 16, 1907. That on from and after the 16th day of September, 1907, the above men- tioned Act shall come into force and take effect. (See Alberta Gazette, Extra, Sep. 16, 1907.) ORDERS IN COUNCIL. JUDICIAL DISTRICTS. Edmonton, Friday, August 28, 1914. Under the provisions of chapter 6 of the Ordinances of 1903 (2nd Session), amending The Jvdicatwe Ordinance, His Honour the Lieutenant Governor, by and with the advice of the Executive Council, has been pleased to order^ 1st. That the Judicial Districts now existing be altered and Judicial Dis- tricts be established within the Province of Alberta, with designation and boundaries as follows: 244 SUPREME couET Cap. 3 1907 Judicial District or Athabasca. That portion of the Province of Alberta bounded as follows: On the east by the east boundary of the said province; on the north by the north boundary of the said province; on the west by the west boundary of the said province; on the south by a line describes as -follows: Commencing at the intersection of the north boundary of the forty-fourth townships with the west boundary of the Province of Alberta, thence easterly along said north boundary of the forty-fourth' townships to its intersection with the North Saskatchewan River, thence easterly down stream following the North Sadcatohewan River to its intersection with the east boundary of the Province of Alberta, excepting thereout and therefrom that portion of the City of Edmonton as it now exists or as it may hereafter from time to time be enlarged or otherwise altered. Jttdicial District of Edmonton. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the fortieth townships with the east boimdary of the Province of Alberta, thence northerly along said east boundary of the said province to the North Sas- katchewan River, thence westerly up stream along .the North Saskatchewan Eiver to its intersection with the east boundary of the City of Edmonton, thence northerly along the said east boundary of the City of Edmonton to the north boundary of the said city, thence westerly along said north boundary of the City of Edmonton to the west boundary of the said city, thence southerly along the west boundary of the City of Edmonton to its intersection with the North' Saskatchewan River, thence south-westerly up stream along the North Saskatchewan River to its intersection with the north boundary of the fiftieth townships, thence easterly along the said north boundary of the fiftieth townships to the line between ranges nineteen (19) and twenty (20) west of the fourth meridian, thence southerly along said line between ranges nineteen (19) • and twenty- (20) west of the fourth meridian, to the north boundary of the forty-eighth townships, thence easterly along said north boundary of the forty-eighth townships to the line, between ranges fifteen (15) and sixteen (16) west of the fourth meridian, thence southerly alon^ said line between ranges fifteen (15) and sixteen (16) west of the fourth maidian to the north boundary of the forty-sixth townships, thence easterly along said north boundary of the forty-sixth townships to the Une between ranges twelve (12) and thirteen (13) west of the fourth meridian, thence southerly along said line between ranges twelve (12) and thirteen (13) west of the fourth meridian to the north boundary of the forty-fifth townships, thence easterly along said north boundary of the forty-mth townships to the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence southerly along said Une between ranges ten (10) and eleven (11) w^t of the fourth meridian to the north boundary of the forty-fourth town- ships, thence easterly along said north boundary of the forty-fourth town- ships to the line between ranges seven (7) and eight (8) west of the fourth meridian, thence southerly along said line between ranges seven (7) and eight (8) west of the fourth meridian to the north boundary of the forty-second townships, thence easterly along said north boundary of the forty-second townships to the line between ranges five (5) and six (6) west of the fourth meridian, thence southerly along said line between ranges five (5) and six (6) west of the fourth meridian to the north boundary of the fortieth town- ships, thence easterly along said north boundary of the fortieth townships to the point of commencement. Judicial District op Wetaskiwin. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the thirty- sixth townships with the east boundary of the Province of Alberta, thence northerly along the said east boundary of the said province to the north boundary of the fortieth townships, thence westerly along said north boun- dary of the fortieth townships to the line between ranges five (5) and six (6) west of the fourth meridian, thence northerly along said line between ranges rt f ^^^ ^ ^^^ ^^^* ^^^ foxu'th meridian to the north boundary of the forty-second townships, thence westerly along said north boundary of rs? °'^y'^*<'°°'i townships to the line between ranges seven (7) and eight (a) west of the fourth meridian, thence northerly along said line between ranges seven (7) and eight (8) west of the fourth meridian to the north boun- 245 1907 Cap. 3 " SUPREME COURT dary of the forty-fourth townships, thence westerly along said north boundary of the forty-fourth townships to the line between ranges ten (10) a,nd eleven (11) west of the fourth meridian, thence northerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the forty-fifth townships, thence westerly along said north boundary of the forty-fifth townships to the line between ranges twelve (12) and thirteen (13) west of the fourth meridian, thence northerly along said Une between ranges twelve (12) and thirteen (13) west of the fourth meridian to the north boundary of the forty-sixth townships, thence westerly along said north boundary of the forty-sixth townships to the line between ranges fifteen (15) and sijrteein (16) west of the fourth meridian, thence northerly ' along said line between ranges fifteen (15) and sixteen (16) west of the fourth meridian to the north boundary of the forty-eighth townships, thence westerly along said north boundary to the forty-eighth townships to the line between ranges nineteen (19) and twenty (20) west of the fourth meridian, thence northerly along said line between ranges nineteen (19) and twenty (20) west of the fourth meridian to the north boundary of the fiftieth townships, thence westerly along said north boundary of the fiftieth townships to the North Saskatchewan River^ thence westerly up stream along the North Saskatche- wan Biver to its intersection with' the north boundary of the forty-first town- ships, thence easterly along said north boundary of the forty-first townships to its intersection with the Battle River, thence easterly down stream alone the Battle River to its intersection with the line between ranges ten (10; and eleven (11) west of the fourth meridian, thence southerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the thirty-ei^th townships, thence easterly along the said north boundary of the thirty-eighth townships to the line between ranges seven (7) and eight (8) west of the fourth meridian, thence southerly along said Une between ranges seven (7) and eight (8) west of the fourth meridian to the north boundary of the thirty-sixth townships, thence easterly along said north boundary of the thirty-sixth townships to the point of commence- ment. JtTDICIAL DiSTKICT OF ReD DeER. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the thirty- fourth townships with the west boundary of the Province of Alberta, thence easterly along the said north boimdaiy of the thirty-fourth townships to its intersection with the Red Deer River, thence northerly up stream along the Red Deer River to the mouth of Tail Creek, thence northerly up stream along Tail Creek to Buffalo Lake, thence north-easterly along the eastern shore of Buffalo Lake to its intersection with the north boundMy of section thirteen (13), township forty-one (41), range twenty (20), west of the fourth meridian, thence easterly along the north boundary of the said section thirteen (13) to the line between Ranges nineteen (19) and twenty (20) west of the fourth meridian, thence northerly, along said line between ranges nineteen (19) and twenty (20) west of the fourth meridian to the north boundary of the forty-first townships, thence westerly along the said north boundary of the forty-first townships to its intersection with the North Saskatchewan River, thence northerly down stream following the North Saskatchewan River to its intersection with the north boundary of the forty-fourth town- ships, thence westerly along the north boundary of the forty-fourth town- ships to the west boundary of the Province of Alberta, thence south-easterly along the west boundary of the Province of Alberta to the point of commence- ment. Judicial District of Stettler. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the thirtieth townships with the east boundary of the Province of Alberta, thence northerly along the said east boundary of the said province to the north boimdaiy of the thirty-sixth townships, thence westerly along the said north boundary of the thirty-sbrth townships to the line between ranges seven (7) and eight (8) west of the fourth meridian, thence northerly along said line between ranges seven (7) and eight (8) west of the fourth meridian to the north boun- daiy of the thirty-eighth townships, thence westerly along the north boundary of the thirty-eighth townships to the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence northerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the Battle River, thence westerly up stream along the Battle River to its intersection 246 suPBEME COURT Cap. 3 1907 with the north boundary of the forty-first townships, thence westerly along the north boundary of the forty-first townships to the line between ranges nineteen (19) and twenty (20) west of the fourth meridian, thence southerly along said line between ranges nineteen (19) and twenty (20) west of the fourth meridian to the north boundary of section thirteen (13), township forty-one (41), range twenty (20), west of the fourth meridian, thence westerly along said north boundary of section thirteen (13) to the east shore of Buffalo Lake, thence south-westerly along the east shore of Buffalo Lake to the mouth of Tail Creek, thence southerly along Tail Creek to the Red Deer River, thence southerly down stream along Red Deer River to its intersection with the north boundary of the thirty-third townships, thence easterly along said north boundary of the thirty-third townships to the line between ranges thirteen (13) and fourteen (14) west of the fourth meridian, thence southerly along said line between ranges thirteen (13) and fourteen (14) west of the fourth meridian to the north boundary of the thirty-second townships, thence easterly along the said north boundary of the thirty-second townships to the liae between ranges ten (10) and eleven (11) west of the fourth meridian, thence southerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the thirty-first town- ships, thence easterly along said north boimdary of the thirty-first townships ' to the line between ranges six (6) and seven (7) west of the fourth meridian, thence southerly along said line between ranges six (6) and seven (7) west of the fourth meridian to the north boimdary of the thirtieth townships, thence easterly along said north boundary of the thirtieth townships to the point of commencement. Judicial District op Calgary. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boimdary of the sixteenth townships with the west boundary of the Province of Alberta, thence easterly along the said north boundary of the sixteenth townships to the Bow River, thence south-esasterly down stream of the Bow River to the north boundary of townships thirteen (13), thence easterly along the said north boundary of townships thirteen (13) to the line between ranges eleven (11) and twelve (12) west of the fourth meridian, thence northerly along the said line between ranges eleven (11) and twelve (12) west of the fourth meridian to the Red Deer River, thence easterly down stream along the Red Deer River to the east boundary of the Province of Alberta, thence northerly along the east boundary of the Province of Alberta to the north boundary of the thirtieth townships, thence westerly along the north boundary of the thirtieth town- ships to the line between ranges six (6) and seven (7) west of the fourth meridian, thence northerly along said line between ranges six (6) and seven (7) west of the fqurth meridian to the north boundary of the thirth-first townships, thence westerly along the north bdundary of the thirty-first townships to the Une between ranges ten (10) and eleven (11) west of the fourth meridian, thence northerly along the line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the thurty-second • townships, thence westerly along the said north boimdary of the thirty-second townships to the fine between ranges thirteen (13) and fourteen (14) west of the fourth meridian, thence northerly along said line between ranges thirteen (13) and fourteen (14) west of the fourth meridian to the north boimdary of the thirty-third townships, thence westerly along the north boundary of the thirty-third townships to its intersection with me Red Deer River, thence north-easterly up stream along the Red Deer Bjyer to its intersection with the north boundary of the thirty-fourth town- ships, thence westerly along the north boimdary of the thirty-fourth town- ships to its intersection with the west boundary of the Province of Alberta, thence south-easterly along the west boundary of the Province of Alberta to the point of commencement. Bassano, Sttb-Judicial District of Calgary. That portion of the Judicial District of Calgary described as follows c^ , known as the Bassano Sub-Judicial District of the Judicial District of Calgary: . Commencing at the intersection of the line between ranges twenty-one (21) and twenty-two (22) west of the fourth meridian with the north boim- fX, *^^ sixteenth townships, thence easterly along the said north boundary ot the sixteenth townships to the Bow River, thence south-easterly down stream along the Bow River to its most easterly intersection with the north 247 1907 Cap. 3 SUPREME coxirt boundary of the thirteenth townships, thence easterly along the north boun- dary of the thirteenth townships to the line between ranges eleven (11) and twelve (12) west of the fourth meridian, thence north along the line between ranges • eleven (11) and twelve (12) west of the fourth meridian to the Red Deer River, thence easterly down stream along the Red Deer River to its intersection with the Ihie between ranges nine (9) and ten (10) west of the fourth meridian, thence north alon^ the said line between ranges nine (9) and ten (10) west -of the foinlih meridian to the north boundary of the twenty- sixth townships, thence westerly along the north boundary of the twenty- sixth townships to the hne between ranges twenty-one (21) and twenty-two (22) west of the fourth meridian, thence southerly along the line between ranges twenty-one (21) and twenty-two (22) west of the fourth meridian to the point of commencement. All writs of fieri facias affecting goods and lands situate in that part of the Judicial District of Calgary, more particularly described as the Sub- Judicial District of Bassano, shall be directed to and filed with the Deputy Sheriff of the said Sub-Judicial District at Bassano. Judicial District op Medicine Hat. That portion of the Province of Alberta bounded as follows: On the east by the eastern boundary of the Province of Alberta; on the south by the southern boundary of the said province; on the north by the Red Deer River; and on the west by a line described as follows: Com- mencing at the intersection of the southern boimdary of the Province of Alberta with the Une between ranges ten (10) and eleyen (11) west of the fourth meridian, thence north following the said hne between ranges ten (10) and eleven (11) west of the fourth meridian to the South Saskatchewan River, thence west up stream foUbwing the said South Saskatchewan River to its intersection with the northern boundary of the thirteenth townships, thence east alone the said northern boundary of the said thirteenth town- ships to the line between ranges eleven (11) and twelve (12) west of the fourth meridian, thence nOrth along said line between ranges eleven (11) and twelve (12) west of the fourth meridian to the Red Deer River. JuDiciAi, District of Macleod, That portion of the Province of Alberta bounded as follows: On the >north by the notthern boundary of the sixteenth townships; on the west by the western boundary of the Province of Alberta; on the south by the southern boundary of the Province of Alberta; and on the east by a Une described as follows: Commencing at the intersection of the northern boundary of the sixteenth townships with the Une between ranges twenty-four (24) and twenty-five (25) west of the fourth meridian, thence southerly along the said line between ranges twenty-four (24) and twenty- five (25) west of the fourth meridian to che northern boundary oif the twelfth townships,* thence easterly along the northern boundary of the twelfth townships to the Une between ranges twenty-three (23) and twenty-four (24) west of the fourth meridian, thence southerly along the line between ranges tweiity-three (23) and twenty-four (24) west of the foiui;h meridian to its intersection with the Belly River, thence easterly down stream along the BeUy River to the mouth of the St. Mary River, thence southerly up stream along the St. Mary River and Lees Creek to the intersection of the said Lees Creek with the southerly Uait of the Blood Indian Re.serve, thence westerly along the said southerly limit of the Blood Indian Reserve to the Une between ranges twenty-seven (27) and twenty-eight (28) west of the fourth meridian; thence southerly along the said Une between ranges twenty- seven (27) and twenty-eight (28) west of the fourth meridian to the southern boundary of the Province of Alberta. Judicial District of Lethbridge. That portion of the Province of Alberta described as follows: Commenemg at the intersection of the southern boundary of the Province of Alberta with the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence north along the said Une between ranges ten (10) and eleven (11) west of the fourth meridian to the South Saskatchewan River, thence west up stream along the said South Saskatchewan River and the Bow River to the intersection of the Bow River with the north boimdary of the sixteenth townships, thence west along the north boundary of tb'f sixteenth townships to the line between ranges twenty-four (24) and twentv 248 SUPREME COURT Cap. 3 1907 five (25) west of the fourth meridian, thence southerly along the said line between ranges twenty-four (24) and twenty-five (25) west of the fourth meridian to tha northern boundary of the twelfth townships, thence east along the northern boundary of the twelfth townships to the hne between ranges twenty-three (23) and twenty-four (24) west of the fourth meridian, thence southerly along the line between ranges twenty-three (23) and twenty four (24) to its intersection with the Belly River, thence easterly down stream along the Belly River to the mouth of the St. Mary River, thence southerly up stream along the St. Mary River and Lees Creek to the intersection of the said Lees Creek with the southerly Umit of the Blood Indian Reserve, thence westerly aJong tbe said southerly limit of the Blood Indian Reserve to the line between ranges twenty-seven (27) and twenty-eight (28) west of the fourth meridian, thence southerly along the said line between ranges twenty-seven (27) and twenty-eight (28) west of the fourth meridian to the south boundary of the Province of Alberta, thence easterly along the south boundary of the Province of Alberta to the point of commencement. Tabee, Stjb-Judicial District of Lethbridob. That portion of the Judicial District of Lethbridge described as follows shall be known as the Taber Sub-Judicial District of the Judicial District of Lethbridge: Commencing at north-east corner of township seven (7), range eleven (11) west of the fourth meridian, thence north on the line between ranges ten (10) and eleven (11) west of the fourth meridian to the South Saskatche- wan River, thence westerly up stream along the said South Saskatchewan River and the Bow River to the intersection of the said Bow River with the northerly boundary of the sixteenth townships, thence westerly along the north boundary of the sixteenth townships to the line between ranges twenty (20) and twenty-one (21) west of the fovu:th meridian, thence southerly along the line between ranges twenty (20) and twenty-one (21) west of the fourth meridian to the north boundary of townships eleven (11), thence easterly ^ong the north boundary of townships eleven (11) to the line between ranges eighteen (18) and nineteen (19) west of the fourth meridian, thence southerly on the line between ranges eighteen (18) and nineteen (19) west of the fourth meridian, to the north boundary of townships seven (7), thence easterly along the said north boundary of townships seven (7) to the point of com mencement. All writs of jmi facias affecting goods and lands situate in that part of the Judicial District of Lethbridge, more particularly described as the Sub-Judicial District of Taber, shall be directed to and filed with the Deputy Sherifi of the said Sub-Judicial District of Taber. 2nd. That all writs, processes, actions and i)ther proceedings in force or pending in the Judicial Districts on the date of the. establishment of the new Judicial Districts herein described shall have effect and continue accord- ing to their tenor in the new Judicial Districts respectively within whose limit suit was first entered or proceedings begun; 3rd. That until otherwise ordered the officers of the Jifdicial District of Calgary shall be Acting. Officers of the Sub-Judicial District of Calgary, faiown as Bassano, and that the officers of the Judicial District of Lethbridge Mall he acting officers of the Sub-Judicial District of Lethbridge, known as Taber; and that, until otherwise ordered the officers of the Judicial District of Edmonton shall be the acting officers of the Judicial District of Athabasca; alid that all officers of other judicial districts shall continue to be the' officers of the new judicial districts within their boundaries respectively; 4th. That the foregoing shall come into operation on the 1st day of September, 1914, and that a notice of the same be published in The Alberta Gazette prior to the said date, and that the Government Printer be and he is hereby instructed to forward without charge a copy of the said issue of the (rozette to every advocate in the Province of Alberta whose address he can ascertain. Clerk of Exectjtivb Council. 249 1907 Cap. 3 ' suPHEME court REGISTRATION DISTRICTS. Edmonton, Friday, August 28, 1914. Under the provisions of chapter 12 of the Ordinances of the North- West Territories, 1900, ffis Honour the Lieutenant Governor, by and with the advice of the Executive Council, has been pleased to order that on or after the 1st day of September, 1914, registration districts be established withia the Province of Alberta, with boundaries as follows: Registration District op Athabasca. That portion of the Province of Alberta bounded as follows: On the east by the east boundary of the said province; on the north by the north boundary of the said province; on the west by the west boundary of the said province; on the s'outh by a line describes as follows: Commencing at the intersection of the north boundary of the forty-fourth townships with the west boundary of the Province of Alberta, thence easterly along said north boundary of the forty-fourth townships to its intersection witii the North Saskatchewan River, thence easterly down stream following the North Saskatchewan River to its intersection with the east boundary of the Province of Alberta, excepting thereout and therefrom that portion of i/he City of Edmonton as it now exists or as it may hereafter from time to time be enlarged or otherwise altered. Registration District op Edmonton. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boimdaiy of the fortieth townships with the east boundary of the Province of Alberta, thence northerly along said east boimdaiy of the said province to the North Sas- katchewan River, thence westerly up stream along the North Saskatchewan River to its intersection with the east boundary of the City of Edmonton, thence northerly along the said east boundary of the City of Edmonton to the north boundary of the said city, thence westerly along said "north boundary of the City of Edmonton to the west boundary of the said city, thence southerly along the west boundaiy of the City of Edmonton to its intersection with the North Saskatchewan River, thence south-westerly up stream along the North Saskatchewan River to its intersection with the north boundary of the fiftieth townships, thence easterly along the said north boundary of the fiftieth townships to the line between ranges nineteen (19) and twenty (20) west of the fourth meridian, thence southerly along said line between ranges nineteen (19) and twenty (20) west of the fourth meridian, to the north boundary of the forty-eighth to^taships, thence easterly along said north boimdary of the forty-eighth townships to the line between ranges fifteen (15) and sixteen (16) west of the fourth meridian, thence southerly along said line between ranges fifteen (15) -and sixteen (16) west of the fourth meridian to the north boundaiy of the forty-sixth townships, thence easterly along said porth boundary of the forty-sixth townships to the line between ranges twelve (12) and thirteen (13) west of the fourth meridian, thence southerly along said Une between ranges twelve (12) and thirteen (13) west of the fourth meridian to the north boundary of the forty-fifth townships, thence easterly along said north boundary of the forty-fifth townships to the hne between ranges ten (10) and eleven (11) west of the fourth meridian,, thence southerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the forty-fourth town- ships, thence easterly along said north boundary of the foriy-fourth town- ships to the liae between ranges seven (7) and eight (8) west of the fourth meridian, thence southerly along said hne between ranges seven (7) and eight (8) west of the fourth meridian to the north boundary of the forty-second townships, thence easterly along said north boundary of the forty-second townships to the line between ranges five (5) and six (6) west of the fourth meridian, thence southerly along said Une between ranges five (5) and aix (6) west of the fourth meridian to the north boundary of the fortieth town- ships, thence easterly along said north boundary of the fortieth townships to the point of commencement. Reqisteation District op Wetaskiwin. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the thirty- sixth townships with the east boundary of the Province of Alberta, thence northerly along the said east boundary of the said province to the north 250 SUPREME COURT Cap. 3 1907 boundary of the fortieth townBhips, thence westerly along said north boun- dary of the fortieth townships to the line between ranges five (5) and six (6) west of the fourth meridian, thence northerly along said line between ranges five (5). and six (6) west oi the fourth meridian to the north boundary of the fortynaeoond townships, thence westerly along said north boundary of the forty-second townships to the line between ranges seven (7) and eight (8) west of the fourth meridian, thence northerly along said line between ranges seven (7) and eight (8) west of the fourth meridian to the north boun- dary of the forty-fourth townships, thence westerly along said north boundary of the forty-foiith townships to the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence northerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the forty-fifth- towAships, thence westerly along said north boundary of the forty-fifth townships to the line between ranges twelve (12) and thirteen (13) west of the fourth meridian, thence northerly along said Une between ranges twelve (12) and thirteen (13) west of the fourth meridian to the north boundary of the foTty-sixth townships, thence westerly along said north boundary of the forty-sixth townships to the line between ranges fifteen (15) and sixteen (16) west of the fourth meridian, thence northerly along said line between ranges fifteen (15) and sixteen (16) west of the fourth meridian to the north boundary of the forty-eighth townships, thence westerly along said north boundary to the forty-eighth townships to the line between ranges nineteen (19) and twenty (20) west of the fourth meridian, thence northerly along said line between ranges nineteen (19) and twenty (20) west of the fourth meridian to the north boundary of the fiftieth townships, thence westerly along said north boundary of the fiftieth townships to the North Saskatchewan River, thence westerly up stream along the North Saskatche- wan River to its intersection with the north boundaiy of the forty-first town- ships, thence easterly along said north boundary of the forty-first townships to its intersection with the Battle River, thence easterly down stream along the Battle River to its intersection with the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence southerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the thirty-eighth townships, thence easterly along the said north boundary of the thirty-eighth townships to the line between ranges seven (7) and eight (8) west of the fourth meridian, thence southerly along said line between ranges seven (7) and eight (8) west of the fourth meridian to the north boundary of the thirty-sixth townships, thence easterly along said north boundary of the thirty-sixth townships to the point of commence- ment. Registration Distbict of Red Debb. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the thirty- fourth townships with the west boundary of the Province of Alberta, thence easterly along the said north boundary of the thirty-fourth townships to its intersection with the Red Deer River, thence northeriy up stream along the Red Deer River to the mouth of Tail Creek, thence northerly up stream along Tail Creek to Buffalo Lake, thence north-easterly along the eastern shore of Buffalo Lake to its intersection with the north boundary of section thirteen (13), township forty-one (41), range twenty (20), west of the fourth meridian, thence easterly along the north boimdary of the said section thirteen (13) to the line between Ranges nineteen (19) and twenty (20) west of the fourth meridian, thence northerly along said Une between ranges nineteen (19) and twenty (20) west of the fourth meridian to the north boundary of the forty-first townships, thence westerly along the said north boundary of the forty-first townships to its intersection with, the North Saskatchewan Baver, thence northerly down stream following the North Saskatchewan River to its intersection with the north boundary of the forty-fourth town- snips, thence westerly along the north boundary of the forty-fourth town- ships to the west boundary of the Province of Alberta, thence south-easterly along the west boundary of the Province of Alberta to the point of commence- ment. Registration Distbict op Stettlbe. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundaiy of the thirtieth tovftiships with the east boundary of the Province of Alberta, thence northerly ffh *t^ ^^''^- ^^^ boundary of the said province to the north boundary 01 the thirty-sixth townships, thence westerly along the said north boundary 251 1907 Cap. 3 SUPREME court of the thirty-sixth townships to the line between ranges seven (7) and eight (8) west of the fourth meridian, thence northerly along said line between ranges seven (7) and eight (8) west of the fourth meridian to the north boun- dary of the thirty-eighth townships, thence westerly along the north boundary of the thirty-eighth townships to the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence northerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the Battle River, thence westerly up stream along the Battle River to its intersection with the north boundary of the forty-first townships, thence westerly along the north boundary of the fort;y-first townships to the line between ranges nineteen (19) and twenty (20) west of the foiith meridian, thence southerly along said Ime between ranges nineteen (19) and twenty (20) west of the fourth meridian to the north boundary of section thirteen (13), township forty-one (41), range twenty (20), west of the fourth meridian, thence westerly along said north boundary of section thirteen (13) to the east shore of Buffalo Lake, thence south-westerly along the east shore of Buffalo Lake to the mouth of Tail Creek, thence southerly along Tail Creek to the Red Deer River, thence southerly down stream along Red Deer River to its intersection with the north boundary of the thirty-third townships, thence easterly a^ong said north boimdary of the thirty-third townships to the line between ranges thirteen (13) and fourteen (14) west of the foinrth meridian, thence southerly along said line between ranges thirteen (13) and fourteen (14) west of the foiu1;h meridian to the north boundary of the thirty-second townships, tljience easterly along the said north boundary of the thirty-second townships to the line between ranges ten (10) and eleven (11) west of the fourth meridian, thence southerly along said line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the thirty-first town- ships, thence easterly along said north boundary of the thirty-first townships to the line between ranges six (6) and seven (7) west of the fourth meridian, thence southerly along said line between ranges six (6) and seven (7) west of the foiu^h meridian to the north boundary of the thirtieth townships, thence easterly along said north boundary of the thirtieth townships to the point of commencement. Registration District of Calgary. That portion of the Province of Alberta described as follows: Commencing at the intersection of the north boundary of the sixteenth townships with the west boundary of the Province of Alberta, thence easterly along the said north boundary of the sixteenth townships to the Bow River, thence south-easterly down stream of the Bow River to the north boundary of townships thirteen (13), thence easterly along the said north boundary of townships thirteen (13) to the line between ranges eleven (11) and twelve (12) west of the fourth meridian, thence northerly along the said line between ranges eleven (11) and twelve (12) west of the fourth meridian to the Red Deer River, thence easterly down stream along the Red Deer River to the east boundary of the Province of Alberta, thence northerly along the east boundary of the Province of Alberta to the north boundary of the thirtieth townships, thence westerly along the north boundary of the thirtieth town- ships to the Une between ranges six (6) and seven (7) west of the fourth meridian, thence northerly along said line between ranges six (6) and seven (7) west of the fourth meridian to the north boundary of the thirty-first townships, thence westerly along the north boundary of the thirty-first townships to the Hne between ranges ten (10) and eleven (11) west of the fourth meridian, thence northerly along the line between ranges ten (10) and eleven (11) west of the fourth meridian to the north boundary of the thirty-second townships, thence westerly along the said north boimdary of the thirty-second townships to the hne between ranges thirteen (13) and fourteen (14) west of the fourth meridian, thence northerly along said line between ranges thirteen (13) and foiu-teen (14) west of the fourth meridian to the north boundary of the thirty-third townships, thence westerly along the« north boundary of the thirty-third townships to its intersection with the Red Deer River thence north-easterly up stream along the Red Deer River to its intersection with the north boundary of the thirty-fourth town- ships, thence westerly along the north boundary of the thirty-fourth town- ships to its intersection with the west boundary of the Province of Alberta, thence south-easterly along the west boundary of the Province of Alberta to the point of commencement. 252 sxjPKEMB COURT Cap. 3 1907 Registration District of Bassano. That portion of the Province of Alberta described as follows: Commencing at the intersection of the line between ranges twenty-one (21) and twenty-two (22) west of the fourth meridian with the north boun- dary of the sixteenth townships, thence easterly along the said north boundary of the sixteenth townships to the Bow River, thence south-easterly down stream along the Bow River to its most easterly intersection with the north boimdary of the thirteenth townships, thence easterly along tjie north boun- dary of the thirteenth townships to the line between ranges eleven (11) and twelve (12) west of the fourth meridian, thence north along the line between ranges eleven (11) and twelve (12) west of the fourth meridian to the Red Deer River, thence easterly down stream along the Red Deer River to its intersection with the line between ranges nine (9) and ten (10) west of the fourth meridian, thence north along_ the said line between ranges nine (9) and ten (10) west of the fourth meridian to the north boundary of the twenty- sixth townships, thence westerly along the north boundary of the twenty- sixth townships to the line between ranges twenty-one (21) and twenty-two (22) west of the fourth meridian, thence southerly along the line between ranges twenty-one (21) and twenty-two (22) west of the fourth meridian to the point of commencement. Registration District op Medicine Hat. That portion of the Province of Alberta bounded as follows: On the east by the eastern boundary of the Province of Alberta; on the south by the southern boundary of the said province; on the north by the Red Deer River; and on the west by a line described a^ follows: Com- mencing at the intersection of the southern boundary of the Province of Alberta with the hne between ranges ten (10) and eleven (11) west of the fourth meridian, thence north following the said line between ranges ten (10) and eleven (11) west of the fourth meridian to the South Saskatchewan River, thence west up stream following the said South Saskatchewan River to its intersection with the northern boundary of the thirteenth townships, thence east along the said northern boundary of the said thirteenth town- ships to the line between ranges eleven (11) and twelve (12) west of the fourth meridian, thence north along said line between ranges eleven (11) and twelve (12) west of the fourth meridian to the Red Deer River. Registration District op Macleod. That portion of the Province of Alberta bounded as follows: On the north by the northern boundary of the sixteenth townships; on the west by the western boundary of the Province of Alberta; on the south by the southern boundary of the Province of Alberta; and on the east by a line described as follows: Commencing at the intersection of the northern boundary of the sixteenth townships with the line between ranges twenty-four (24) and twenty-five (25) west of the fourth meridian, thence southerly along the said hne between ranges twenty-four (24) and twenty- five (25) west of the fourth meridian to the northern boundary of the tweKth townships, thence easterly along the northern boundary of the twelfth townships to the line between ranges twenty-three (23) and twenty-four (24) west of the fourth meridian, thence southerly along the line between ranges twenty-three (23) and twenty-^our (24) west of the fourth meridian u. '*! ™*®seotion with the Belly River, thence easterly down stream along the Belly River to the mouth of the St. Mary River, thence southerly up stream along the St. Mary River and Lees Creek to the intersection of the said Lees Creek with the southerly limit of the Blood Indian Reserve, thence westCTly along the said southerly Umit of the Blood Indian Reserve to the hne between ranges twenty-seven (27) and twenty-eight (28) west of the fourth meridian; thence southerly along the said line between ranges twenty- seven (27) and twenty-eight (28) west of the fourth meridian to the southern boundary of the Province of Alberta. Registration Distmct op Lbthbridge. That portion of the Province of Alberta which may be more particularly described as follows: , Commencing at the intersection of the southern boundary of the Province ot Alberta with the hne between ranges .ten (10) and eleven (11) west of the lourth meridian, thence north along the said line between ranges ten (10) 253 1907 Cap. 3 SUPREME court and eleven (11) west of the fourth meridian to the South Saskatchewan River, thence west up stream along the said South Saskatchewan River and the Bow River to the intersection of the Bow River with the north boundary of the sixteenth townships, thence west along the north boundary of the sixteenth townships to the line between ranges twenty-four (24) and twenty- five (25) west of the fourth meridian, thence southerly along the said line between ranges twenty-four (24) and twenty-five (25) west of the fourth meridian to the northern boundary of the twelfth townships, thence east along the northern boundary of the twelfth townships to the fine between ranges twenty=-three (23) and twenty-four (24) west of the fourth meridian, thence southerly along the Une between ranges twenty-three (23) and twenty- four (24) to its intersection with the Belly River, thence easterly down stream along the Belly River to the mouth of the St. Mary River, thence southerly up stream along the St. Mary River and Lees Creek to the intersection of the said Lees Creek with the southerly limit of the Blood Indian Reserve, thence westerly along the said southerly limit of the Blood Indian Reserve to the line between ranges twenty-seven (27) and twenty-eight (28) west of the fourth meridian, thence southerly along the said line between ranges twenty-seven (27) and twenty-eight (28) west of the fourth meridian to the south botmdary of the Province of 'Alberta, thence easterly along the south boundary of the Province of Alberta to the point of commencement. Reqistkatign District op Tabes. That portion of the Province of Alberta bounded as follows: Commencing at north-east corner of township seven (7), range eleven (11) west of the fourth meridian, thence north on the line between ranges ten (10) and eleven (11) west of the fourth meridian to the South Saskatche- wan River, thence westerly up stream along the said South Saskatchewan River and the Bow River to the intersection of the said Bow River with the northerly boundary of the sixteenth townships, thence westerly along the north boundaiy of the sixteenth townships to the line between ranges twenty (20) and twenty-one (21) west of the fourth meridian, thence southerly along the line between ranges twenty (20) and twenty-one (21) west of the fourth meridian to the north boundary of townships- eleven (11), thence easterly along the north boundary of townships eleven (11) to the line between ranges eighteen'(18) and nineteen (19) west of the fourth meridian, thence southerly on the line between ranges eighteen (18) and nineteen (19) west of the fourth meridian, to the north boundary of townships seven (7), thence easterly along the said north boundary of townships seven (7) to the point of com- mencement. His Honour the Lieutenant Governor, by and with the advice of the Executive Council, has also been pleased to order that until otherwise ordered the clerks or acting clerks of the Supreme Court of each Judicial District respectively shall act as the registration derks for every Registration Dis- trict respectively situate within its boundaries. Clerk op Executive Council. MASTERS IN CHAMBERS. DISTRICT COURT MATTERS. Note. — In all actions brought or proposed to be brought in a District Court a master in chambers shaU have power and do all such things, transact all such business, and exercise aU such authority and jurisdiction in respect to the same as may be done, transacted, or exercised by a judge of a District Court sitting in chambers. See District Courts Act, 1907, Sec. 24 (a). SUPREME COURT. Upon the recommendation of the Honourable the Attorney General, dated March 26th, 1913, the Executive Council advises that, pursuant to section 24 of The Simreme Court Act, the fqllowing rules be passed and promulgated as Rules of Court: 254 SUPREME couET Cap. 3 1907 1. A master in chambers, in regard to all actions brought, or proposed to be brought, in the Supreme Court, shall be, and hereby is, empowered and required to do all such things, transact all such business and exercise ail such authority and jurisdiction in respect to the same as may be now done, transacted or exercised under and by virtue of sections 42, 43 and 44 of The District Courts Ad, and amendments from time to time thereto, by any judge of the District Court when acting as a local judge of the Supreme Court; 2. Any persons affected by a decision, judgment or order of the master in chambers may appeal therefroin to a judge of the Supreme Court; 3. The appeal shall be by motion on notice served within four days and returnable within ten days after the decision complained of, or within Buch further time as may be allowed by a judge of the Supreme Court, or by the master in chambers; 4. The appeal shall not be a stay of proceedings unless so ordered by a judge of the Supreme Court or by the master in chambers; 5. When the judgment, order or decision is made or given in vacation, or within six days next preceding vacation, a person affected thereby may appeal therefrom during vacation by leave of a judge, or may appeal after vacation in the same manner, and within the same time as if the judgment, order or decision had been made on the first day after such vacation. Wednesday, March 26, 1913. OFFICE HOURS. The Executive Council has had under consideration the report of the Honourable the Attorney General, dated Jime 18th, 1914, stating that, subject to the orders of the Lieutenant Governor in Council, every master in chambers is, by section 27 of The JudiccUure Ordinance, an officer of the Supreme Court and attached thereto. Therefore, upon the recommendation of the Honourable the Attorney General, the Executive Council advises that masters in chambers shall attend daily at their offices in the court house at the Cities of Edmonton and Calgary respectively and shall keep the said offices open daily between the hours of ten o'clock in the forenoon and four o'clock in the afternoon on all days except Sundays and holidays, and except Saturdays and during vacation when the same shall be closed at one o'clock in the afternoon. Tuesdav. June 23, 1914. RULES OP COURT, Under the provisions of Sec. 24 of The Supreme Court Act, 1907, the Alberta Rules of Court, 1914, have been authorized and promulgated as the Rules of Court giving the practice and procedure in the said Courts taking effect on the First day of September, 1914. (See AlbeHa Gazette, Vol. 10, No. 16, page 4.) These Rules are printed in a separate volume. 255 1907 CHAPTER 4. An Act respecting the District Courts. (Assented to February 11, 1907.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. Short title 1. This Act may be cited as the "District Courts Act." ■-^y INTEBPKETATION. Interpretation g. Jq tJie construction of this Act, unless there is anything in the subject or context repugnant thereto, the several words hereinafter mentioned shall have or include the meanings following, that is to say: Judge (a) The expression "judge" or "District Court judge" means a judge or junior judge of any of the District Courts in this province, or any acting judge, or deputy lawfully acting for him, or any judge of the Supreme Court acting as a District Court judge; '\ Claim (5) The expression "claim" means the demand or the subject- matter for which any action, suit, or proceeding is brought or instituted in any District Court; Cause (c) The exprcssiou "cause" shall include any action, suit or other original proceeding between a plaintiff and defendant; Action (d) "Action" or "suit" shall mean a civil proceeding °'^™* commenced in maimer prescribed by rules of court; Matter (e) "Matter" shall include every proceeding in any District Court, not in a cause; Order (/) "Order" shall include rule; Person (gf) The expressiou "person" means any person, whether a party to a suit, action or proceeding, or not, and includes a body politic or corporate; Party Qi) The expression "party" means a party to a suit, action or proceeding, and includes a body politic or corporate, and every person served with notice of or attending any proceeding, although not named on record; Plaintiff (0 The cxpression "plaintiff" shall include every person asking for any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceed- ing, whether the same be taken by action, suit, petition, motion, summons or otherwise; Defendant (j) The cxpression "defendant" shall include every person served with any writ, or summons, or process, or served with notice of or entitled to attend any proceedings; 256. DISTRICT COURTS Cap. 4 1907 {k) The expression "process" means any summons, writ orProoesa warrant issued under the seal of the court, or a judge's summons or order; (?) The expression "rules of court" shall include forms; of o^ (m) The expression "judgment" shall mean and include Judgment every judgment, decree, and order in any cause; (n) The expression "real estate" or "lands" shall extend »«»' "'^'t^ to and mean lands, messuages, mines, and all other heredita- ments whatsoever. FORMATION OF COtTBTS. 3. There shall be in every judicial district in the province ^°^2JJ^° a Court of Record to be styled the District Coujt of the District of {as the case may be) . SEAL OF COURTS. 4. Each of the said courts shall have and use as occasion s^*' may require a seal bearing a device and impression of His Majesty's Royal Arms with a label surrounding the same with this inscription: "The seal of the District Court of the District of Calgary" {or as the case may be). (2) The seal of the District Court in each judicial district shall also be the seal of the District Court judge's criminal court for each judicial district respectively. 1910 (2nd Session) c. 2, s. 15. JUDGES. 5. Each court shall be presided over by a judge to be known •'"'^8^= by the name and style of the judge of the District Court for which he has been appointed. 6. Where it is deemed necessary an additional Judge or Additional additional judges may be appointed for any District Court, and in such case each of the judges so appointed to any District Court shall have jurisdiction therein. 7. In case more than one judge is appointed for any District T^«|»™°J'^ Court, then, unless otherwise expressed in the commission styled;; The the judge whose commission has priority of date shall be styled Di^rfct ^Sd^e "The jiidge of the District Court of" {as the case may be), and the other judge of the same court shall be styled "The junior judge" thereof. 8. An acting or deputy judge may be appointed for any Deputy judge District Court, who shall hold office during pleasure, and such appointment may be made notwithstanding that the office of judge is vacant by death or resignation or that the judge is dl or absent, and such acting or deputy judge shall have authority to perform in the place of the judge in the district for which he IS deputy all the duties of and incident to the judge of the District Court. (2) No deputy judge shall be disabled from practising the profession of law while holding his appointment. 257 1907 Cap. 4 DISTRICT COUETS 9. A District Court judge or junior judge may be appointed District judge may act for , . i . . . f ^ - - -t^. , . , /~i more than one the judge or junior judge for one or more District Courts. district Duties of judges re holding court elsewhere than in his own district 10. It shall be the duty of a district judge to hold any of the courts in any district other than his own, or to perform any other duty of a District Court judge in any district upon being requested so to do by an order of the Attorney General, and without any such order the judge in any district may, if he sees fit, perfomi any judicial duties in any district other than his own on being requested so to do by the judge to whom the duty for any reason belongs; and while so acting in compli- ance with such direction or request he shall possess all the powers and authorities of the District Court judge of such other district. (2) Any District Court judge may, upon being requested so to do by the Attorney General, perform in any district any duties that may be performed by a District Court judge in that district. 1915, c. 2, s. 23. S2il*f?L°l 11' Every District Court judge shall reside within the district distnot judge „,.,,.-' . . i . , i . .1 01 which his commission designates him as judge. 13. No judge shall during the continuance of his appointment directly or indirectly practise in the profession of law, or do any manner of conveyancing. Must not practise law or*dep°it"^^e ^^' '^° District Court judge or deputy judge shall enter *upon the duties of his office until he has taken the following oath before some person appointed by the Lieutenant Governor to administer the same, that is to say: "I, do swear that I will (in the case of a deputy judge add the words, as occasion may require) truly and faithfully according to my skill and knowledge, execute the several duties, powers and trusts of judge of the District Court of the district of without fear, favour or malice. So help me God." To be a J.P. 14. Every District Court judge, not including a deputy judge shall be ex officio a justice of the peace. o?s?ipreme ^^r ^^^ °^ ^^^ °^ *^^ judgcs of the Supreme Court of the Courts to act proviucc shall- upon the request of the Lieutenant Governor CoSt judles in Council, perform the duties by this or any other Act or law devolving upon the judges of District Courts for any or all of the _ districts in the province, and when so acting such judge or judges shall have, use, exercise and enjoy all the powers, authority and functions by this or any other Act or law conferred or devolving upon such District Court judge or judges. District Court clerks CLERKS. 16. The Lieutenant Governor in Council may from time to time_ appoint a clerk to every District Court, but until such appointment is made the clerk or acting clerk of the Supreme Court for the judicial districts respectively shall exercise all the functions which under any law or regulation made there- under would be exercisable by the clerks of the District Courts respectively. 258 DISTRICT COURTS Cap. 4 1907 16a. Whenever it appears that the convenience of the Power public so requires, the Lieutenant Governor in Council may ^put^y District appoiat deputy clerks for the District Courts, for all or any of^"""*"'®*^ the judicial districts in the province, and may designate the place or places where their offices shall be established, and may fix their remuneration and the expression "clerk or clerks" where used in this Act shall be taken to include such deputy clerks respectively. 1911-12, c. 4, s. 19. (2) Until such appointment is made the deputy clerk, or acting deputy clerk of the Supreme Court for the judicial districts respectively shall exercise all the functions which under this Act would be exercisable by deputy clerks of the District Courts. 1911-12, c. 4, s. 19. (3) All appointments heretofore made by the Lieutenant Governor in Coimcil of persons as deputy clerks, acting deputy clerks, or acting clerks, of any District Court in this province are hereby declared to have been and to be legal and valid. 1911-12, c. 4, s. 19. 17. The, clerks of the District Courts or, until such officials Duties of are appointed the clerks or acting clerks of the Supreme Court shall perform all the duties with relation to the said District CquHs as the clerks of the Supreme Court are required to perform in relation to the Supreme Court under any Statute, Act, Ordinance or rule relating thereto so far as such Statute, Act, Ordinance or rule is applicable to the said District Court; and until otherwise provided the regulations in force governing the conduct of the offices, and returns required from the cleric of the Supreme Court under any such Statute, Act, Ordinance or regulation shall apply to the clerks of the said District Courts and to the clerks of the Supreme Court while acting hereunder as clerks of such District Courts. SHERIFFS. 18. The sheriffs in the judicial districts shall respectively s^™''^ perform all duties, and subject to the rules of court, both within the territorial limits for which they are appointed as well as without such limit, shall serve and execute all writs, summonses and orders, and all the sentences, decrees, judgments, rules, warrants, commands and processes of the said District Courts throughout the province and shall make such returns of the same together with the manner of the execution thereof, to the said courts as they are required by law to do with relation to similar writs, siunmonses, orders, sentences, decrees, judgments, rules, warrants, commands and processes of the Supreme Court under any law, order or regulation now in force or which may hereafter be put in force. OFFICES. 19. All writs, summonses, orders, decrees, judgments, rules, offices warrants, and legal processes of every nature and kiad which under any law, order or regulation may be issued out of or by the said District Courts shall until otherwise provided be issued out of the offices of the clerks and acting clerks of the Supreme Court and out of the offices of the sheriffs of the judicial districts according to the law, order or regulation governing the same. 259 1907 , Cap. 4 DISTRICT COUETS SITTINGS OP COURTS. Sittings of courts Additional sittings Adjournment of sittings Jurisdiction All kinds of relief inay be granted 30. The judges of the District Courts and the judges of the Supreme Court when acting as District Court judges shall hold court at such times and places as shall be specified by the Lieutenant Governor in Council by order in that behalf. 31. In addition to the regular sittings of the District Courts, the judge of every District Court may at such times as he appoints for the purpose hold additional sittings of such court for the trial of issues of fact to be tried by such court without a jury, and he shall hold such sittings as often as may be requisite for the due despatch of business. 33. Where from illness or other casualty the judge who is to hold the sittings of the District Court is unable to hold the same at the time appointed therefor the sheriff or acting sheriff of the district or his deputy may adjourn by his proclamation the said court to any hour on the following day to be by him named and so from day to day until the judge is able to hold such court, or until he receives other directions from the judge or Attorney General. " (2) The sheriff shall forthwith notify any adjournment to the Attorney General. JURISDICTION. 33. The District Courts shall have jurisdiction in all causes, actions, matters, suits or proceedings whether of debt, covenant contract or damage or involving the validity of any will or settle- ment or in relation to land or any legal or equitable interest therein, or in actions seeking equitable relief or for a declaratory judgment or to establish the right of a creditor to rank upon an insolvent estate, and, generally, in all matters which may be made the subject of a claim for relief, whether legal or equitable or to enforce any right whether legal or equitable, where the, debt or damages, claim or demand does not exceed $600 or where the subject matter involved in any claim for relief or for the enforce- ment of any right or demand does not exceed $600. 1911-12, c. 4, s. 19 (2). '' 34. Every District Court shall, as regards all causes of action within its jurisdiction have power to grant and shall grant in any proceeding before such court such relief, redress or remedy, or combination of remedies either absolute or conditional, and shall in every such proceeding give such and the like effect to every ground of defence or counterclaim' legal or equitable (subject to the provisions next hereinafter contained) in as full and ample a manner as might and ought to be done in a like case by the Supreme Court. 34a. In all actions brought or proposed to be brought' in a District Court a master in chambers shall have power and do all such things, transact all such business, and exercise all such authority and jurisdiction in respect to the same as may be done,, transacted,- or exercised by a judge of a District Court sitting in chambers. 1914, c. 2, s. 11. 260 DISTRICT COURTS Cap. 4 1907 35. Where in a proceeding before a District Court any defence counterclaim or counterclaim of the defendant involves matter beyond thej'^jStion jurisdiction of the court, such defence or counterclaim shall not affect the competence or the duty of the court to dispose of the whole matter in controversy so far as relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which tl;^ court has jurisdiction to administer shall be given to the defendant upon such counterclaim. 36. Where it appears at any time before or during the trial Abam^nment that the claim of the plaintiff is in excess of the jurisdiction of plaintiff the court, the plaintig may in his discretion before or during the trial by writing signed by him and filed, upon such terms as the judge deems proper as to costs and otherwise, abandon so much of his claim as is in excess of the jurisdiction of the court, and in such case the plaintiff shall forfeit such excess, and shall not be entitled to recover the same in any other action. 87. Notwithstanding anything in this Act contained the J>™^^°° "f District Courts shall have jurisdiction to try any action when parties agree the plaintiff and defendant before the issue of the writ agree, by memorandum in writing, signed by them and filed upon the application for the writ, that the court named in such memorandum shall have power to try the action, but such agreement shall not prejudice or affect any right of appeal of any of the parties. TRANSFER OF CASES TO THE SUPREME COURT. 38. Where it appears in an action or proceeding brought TraMfer^ in a District Court that such court has not jurisdiction to try supreme Court such action or proceeding, or that the question- raised therein cannot be dealt with by the District Court so as to do complete justice between the parties, or may for any other reason be more conveniently dealt with in the Supreme Court, the judge of the District Court or a judge of the Supreme Court may order the action of proceeding to be transferred to the Supreme Court; and the order of transference may be made by the court or judge sua sponte, or upon the application of either party on notice to the other parties interested, and may be made at any stage of the action or proceeding. (2) When an order is made under the preceding subsection the action or proceeding shall thereafter proceed in the Supreme Court; and the judges of the Supreme Court and the officers thereof shall have the same powers and perform the same duties in relation thereto as if the action or proceeding had been originally instituted in the Supreme Court; but the pleadings and proceed- ings taken in the court from which such action or proceeding was transferred shall stand and have effect notwithstanding the transfer; and, subject to the rules of the court and to any order in that behalf made by the court or judge, the costs of the proceedings so taken previous to the transfer shall be paid and the solicitor's costs taxed according to the scale of costs in the said District Coiu-t. (3) Where an order transferring a cause or matter in a District Court to the Supreme Court is made at the instance of any of the parties thereto, the judge making the order may in his 261 1907 Cap. 4 DISTRICT courts discretion make and impose terms on the party applying for the order as to payment of costs, giving security for debt and costs, or such other terms as he sees fit. j^ritlStion ^^* .^^6n it is intended by a pleading to exclude the juris- diction of the court upon any ground, it shall be so expressly stated in the pleading, and the nmtter relied on for that purpose shall also be set out in the pleading. P,«^™™i'^*'°" 30. Issue may be taken on any such pleading or reply may be made or a summary apphcation may be made to the judge to determine the matter so raised, and the judge may upon such application order the case to be transferred to the Supreme Court or make such order as may be just. TRANSFER OF CASES FROM THE SUPREME COURT. Transfer 31. If any actiou be brought to the Supreme Court which is Supreme cSrt VTithin the competence of the District Court, or if any action, though originally not within the competence of the District Court, is reduced by payment or admitted set-o£f or otherwise so as to bring it within the competence of the District Court, a judge of the Supreme Court, at any time and either upon appli- cation by either party- to the action or sua sponte, may order such action to be tried in the District Court in which such action might have been commenced, or in any other District Court; and may make such order as to costs or otherwise as to him shall seem just; and such action and all proceedings therein shall be transferred accordingly and shall, subject to such order, proceed in the said District Court in all respects as though it had been originally commenced therein. PLACE OF TRIAL IN CERTAIN CASES. Place of trial 33. Actious for the recovery of or for trespass or injury to in certain cases jgj^j qj. corporeal hereditaments shall be brought and tried in the district where the land ot premises sought to be recovered or in respect of which damages are claimed lie, and actions for a partnership account in the district where the partnership had or has its principal place of business, and actions relating to or founded upon any will shall be brought and tried in the district where letters probate or of administration have issued, or where the deceased resided at the time of his death, unless by consent of parties, or unless the place of trial is changed in accordance with the provisions of this Act or the rules of court in that behalf. 1909, c. 4, s. 13. piare^triai ^^^ ^^ ^}^ actions subject to any special statutory provisions in certain cases or proceedings commenced in a District Court, the judge thereof or a judge of the Supreme Court (subject to appeal in either case to the Supreme Court en banc) may order the action or proceeding to be transferred to any other District Court in the province in any case in which it is made to appear to his satis- faction that the preponderance of convenience is against the trial of the action in the District Court in which the action or proceeding has been so commenced; and in the event of an order being so made the clerk of the District Court in which the action 262 DISTRICT COURTS Cap. 4 1907 was commenced shall forthwith transmit all papers in the matter ■ to the clerk of the District Court to which the matter has been transferred and all subsequent proceedings shall be entitled in such last mentioned court and carried on therein as if the pro- ceedings had originally been commenced therein. 1909, c. 4, s. 13 (1). 33. An action by or against a judge of a District Court which Action against is within the competence of a District Court may be brought '"°*"°* ""*^° in the District Court of any district adjoining that in which - such judge resides. RULES OF COURT. 34. The Lieutenant Governor in Council may from time Rules of court to time make and authorize the promulgation of rules of court for the said District Courts, and alter and annul any rules of court . for the time being in force, and may make any further or additional rules of court for carrying this Act into effect or may authorize the judges of the Supreme Court to make and promulgate such rules, but such rules, or amended or additional rules, shall not be inconsistent with this Act, and may by such rules regulate any matters relating to the practice and procedtire of the said courts, or the duties of the officers thereof, or as to the costs of proceedings therein, and 6very other matter deemed expedient for the better attaining the ends of justice, advancing the remedies of suitors, and carrying into effect the provisions of this Act and of all other Acts now or hereafter in force respecting the said courts; but until such rules of court are so made the rules, practice and procedure for the time being of the Supreme Court shall mvtatis mvtandis apply and extend to the District Courts and to all causes and matters therein unless any of such rules are from their nature inapplicable to such courts: Provided, however,, that nothing herein contained shall be taken to extend the jurisdiction of the said courts beyond the limitations in seiction 23 of this Act mentioned. 35. The provisions of The Judicaiure Ordinance and of axiy judicature Act or Rules which may hereafter be passed or promulgated ^pS""' in substitution thereof, or amendment thereof, and the several rules of law enacted and declared therein shall be in force and receive effect in all District Courts in Alberta so far as the matters to which such rules relate shall be respectively cognizable by such courts. CONTEMPT OF COURT. 36. The severar District Courts shall have and exercise the contempt same powers to enforce their rules, regulations and directions as the Supreme Court possesses, and may punish by fine or im- prisonment, or by both, for any wilful contempt or resistance to their regular process, rules or orders; but the fine shall in no case exceed $100, nor shall the imprisonment exceed six months. TARIFF OF COSTS. 37. The Lieutenant Governor in Council may frame a tariff J^^"^^.^, of costs to be allowed to solicitors and counsel in respect of actions and ^sheriffs' 263 1901 Oap. 4 DISTRICT COURTS in the District Courts, and may frame/a schedule of fees to be taken by clerks and sheriffs in relation to causes and matters in the said courts; and may alter and amend the same, or may authorize the judges of the Supreme Court so to do, but until such tariff and schedule respectively are so framed, the tariff of costs set out in the consolidated rules of the Supreme Court of the North-West Territories and amendments thereto, as the tariff of advocate's fees upon the lower scale and the fees to clerks and sheriffs in actions not exceeding $200, shall respectively be the tariff of costs to be allowed to solicitors and counsel and ; the fees to be taken by clerks and sheriffs in actions, causes and matters in the said courts: Provided that notwithstanding anything herein contained the tariff of costs allowed from time to time to solicitors and counsel in respect of actions in the Supreme Court shall apply to actiohs in the District Court where the debt or damages, claim, or demand exceeds $400, or where the subject matter involved in any claim for relief or for the enforcement of any fight or demand exceeds $400. 1911-12, c. 4, s. 19 (3). Coats where there is no jurisdiction 38. In all actions or other proceedings brought in a District Court in which the plaintiff, fails to recover judgment by reason of such court having no jurisdiction t)ver the subject matter thereof, the District Court shall have jurisdiction over the costs of the action, or other proceeding, and may order by and to whom the same shall be paid, and the recovery of the costs so ordered to be paid may be enforced by the same remedies as the costs in actions or proceedings within the proper competence of the said court are recoverable. EXECUTION. Execution 39. The District Courts may issue writs of execution against goods and lands, writs of attachment or replevin in like case, upon the same terms and in the same order as similar writs may be issued in the Supreme Court. Meoutfon etc ^^' "^^^ District Courts may issue writs of execution against maynini'n " goods and lands, writs of attachment, replevin or subpoena, another district j-^jgg q^ ^j^g gheriff and any other rules, orders and proceedings into any other district to be served or executed therein; and judges' summonses and orders may be issued in like manner; and all such writs, rules, summonses, orders and proceedings shall be of equal force and effect, and as binding as if the same had been issued from the court or by the judge of the district to or into which they are so issued, and all; subsequent proceedings thereupon shall save as herein otherwise provided be carried on in the court in which the action has been brought or jud^nent entered: Provided that where relief by way of interpleader is asked by a sheriff or other officer charged with the execution- of process by or under the authority of any District Court, the interpleader summons shall be issued from the court of the district in which the levy was made and the claimant and any other parties to the said summons shall be summoned to such court, and all subsequent proceedings thereupon shall be carried on in such court. 1909, c. 5, s. 15. ' ■ 264 Interpleader DISTRICT COURTS Cap. 4 1907 JURISDICTION IN PROBATE. 41. Every District Court shall have power to grant probate Jurisdiction of wills or letters of administration or ancillary probate or letters "" ^™ *** ofadfliinstration and to pass the accounts of executors and adminis- trators, "and make orders for the allowance to them of remun- eration and for the proper disposition or divison of the property of the testator or intestate in relation to the estate and effects of persons residing at the time of death within the territorial limits of such court; and in case of death outside the province the District Court of the district where the testator or intestate ,had at his death any property shall have such jurisdiction; and such grant shall have effect over the estate of the deceased in all parts of the province; and the rules of court of the Supreme Court- with relation to probate and letters of administration shall apply mutatis mutandis to the District Courts; and the fees to be allowed to advocates in non-contentious probate or adminis- tration matters shall be the fees set out in the tariff of the con- solidated rules of the Supreme Court of the North-West Territories in relation ther€;to until changed by competent authority; but nothing herein contained shall be taken to confer upon the said District Courts any jurisdiction in contentioiis business in relation to or arising out of grants of probate or letters of adininistration or ancillary probate or letters of administration beyond' the limitations in section 23 of this Act mentioned. 1910 (2nd Session), c. 2, s. 15. ■ (2) Save as otherwise provided in an,y rules or tariff of fees and charges from time to time in force, the judges of the District Courts may demand and take to their own use upon any grant of probate of wills or letters of administration or ancillary probate or letters of administration, or upon the passing of accounts of executors and administrators, such fees as may from time to time be fixed by order of the Lieutenant Governor in Council, and such fee shall be collected by the clerks of the said courts respectively on or before each proceeding and paid over to the judges, and annual returns of such fees up to the thirty-first day of December, in each year shall be made by the clerks on or before the first day of February in each year. (3) The Lieutenant Governor in Council may, with the con- sent of any District Court, or District Court judge, commute the fees payable to him under this Act for a fixed annual sum; such sum not to exceed the income derived from such fees in some preceding year after the first year; and any sum so fixed may as vacancies occur be rescinded or may be varied, and the amount increased or diminished provided that in no case shall any order in council issued after the first year that this Act is in force name a sum exceeding the receipts for the fees during some preceding year. (4) Where there is no commutation and the fees aforesaid exceed the siun of one thousand dollars in any year, the excess shall be received' by the clerk and paid over to the treasurer of the province for the use of the province. (5) In all matters or applications touching or relating tO the appointment, control or removal of guardians, the security to be given, the custody, control of or right of access to an infant and otherwise, the District Court shall have the like powers, 265 1907 Cap. 4 DISTHICT COURTS Powers as local judges of Supreme Court jurisdiction and authority as are by The Judicature Ordinance given to the Supreme Court or a judge thereof, and letters of guardianship granted by a District Court shall be of the same force and effect as if issued by the Supreme Court or a judge thereof, and an official certificate of the grant may be obtained as in the case of letters of administration, but this section shall not be construed as depriving the Supreme Court of jurisdiction in such cases. 1909, c. 4, s. 13. POWERS AS, LOCAL JUDGES OF THE SUPREME COURT. 43. The judge of every District Court shall in all actions in the Supreme Court brought or proposed to be brought in his district, or in any district in which he is acting as District Court judge under the provisions of this Act, have, subject to the rules of court, conciurrent jurisdiction with and the same power and authority as a judge of the Supreme Court to do and perform all such acts and transact all such business in respect to matters and causes in the Supreme Court as he is by statute or rules of court empowered to do and perform, and in the exercise of such jurisdiction may be styled "local judge of the Supreme Court." Provided that this amendment (subsection 3) shall come into force by proclamation only. 1910 (2nd Session), c. 2, s. 15. 'Proclaimed 1914, Alberta Gazette, Vol. 10, No. 16, page 4. 43. (Repealed— 1910 (2nd Session), c. 2, s. 15 (3)). 44. (Repealed—IQIO (2nd Session), c. 2, s. 15 (3)). 45. {Repealed— 1910 (2nd Session), c. 2, s. 15 (3)). APPEAL. No appeal, 46. No appeal shall lie from the decision of a District Court ^e"to°' ^^ judge if before the decision is pronounced the parties shall agree ^trirt fudge's i^ writing signed by themselves or their solicitors that his decision decision shall be final. Supreme Court ^^ ' ^^^ P^'i'ty to a causc or matter in a District Court may, «n?onc subject to the rules of court in that behalf, appeal to the Supreme Court en banc from any judgment directed by a judge of a District Court to be entered at or after the trial or pursuant to the findings of a jury. Appeals from 48. An appeal shall also he to the Supreme Court en banc dfSct°iSdges at the instance of any party to a cause or matter from any decision TOurtieti™"* ™ads by a judge of a District Court imder any of the powers conferred upon him by any rules of court or any statute unless provision is therein made to the contrary; and ixpm every decision or order made by a judge of a District Court imder the provisions of the law relating to interpleader proceedings, the examination of debtor, attachment of debts and proceedings against garnishees; and from every decision or order made in any cause or matter disposing of any right or claim, providing always that the decision or order is in its nature final and not merely interlocutory; and 266 DISTRICT COURTS Cap. 4 1907 providing further that there shall be no appeal from such judge as persona designata unless such appeal is expressly authorized by the statute giving jurisdiction. 49. The provisions of order XLI of The Judicature Ordmance Limitations shall relate to and govern proceedings in appeal from the District ^ *" ''^^°'''° Courts in the same way and to the same extent as they relate and apply to appeals from judges of the Supreme Court as well with regard to the limitation of the jurisdiction in appeal as in other respects. 50. The District Court judge shall at the request of the appel-Pra^'^^^j lant certify under his hand to the proper officer of the Supreme Court the pleadings in the cause and all motions, rules or orders made, granted or refused therein, together with the judge's charge (if any), and the judgment or decision on the same, and where a trial has been had the evidence, all objections and excep- tions thereto, and all other papers in the cause affecting the question raised by the appeal. 51. In appeals under section 48 the judge shall only be required ■^J|re^rtaia under the next preceding section to certify the motions, rules, oni^^^o be^° orders, affidavits, evidence and other materials, necessary for"®'*'^*'* the full understanding of the matter in appeal together with • his judgment or decision on the same. SMALL DEBT PROCEDURE. 53. The small debt procedure set out in order XL VII ofsmaudebt The Judicature Ordinance, being part III thereof, and the forms ^"™ "^ and small debt tariff in the schedule to the said ordinance in such order referred' to shall mutatis mutandis, apply to claims and demands for debt whether payable in money or otherwise, where the amount or balance claimed does not exceed $100 iu the District Courts; and all causes and matters pending under such small debt procedure in the Supreme Court of the North- West Territories at the time of the coming into force of this Act may, notwithstanding that they were commenced in the said Supreme Court of the North-West Territories, be continued in the District Court of the district from which the summons originally issued in the same way as though they had been com- menced in such District Court under the provisions of this Act, and the judges of the District Courts respectively shall hear and determine such causes and matters, and executions and any proceedings in aid of execution which under the rules of court or otherwise may be taken in relation to small debt cases may be issued and taken out of the said District Courts respectively with respect to the same, and all moneys in court in any small debt cases so transferred shall be transferred to and shall be moneys in the District Court to which such cases are transferred • herewith in the actions or matters in which such moneys are in court: Provided that the Lieutenant Governor in Coimcil or the judges of the Supreme Court upon request of the Lieutenant Governor m Council may repeal, alter or amend the said procedure in small debt cases and the forms and tariff of costs and fees relative thereto or any of them. 1908, c. 20, s. 19. 267 1907 Cap. 4 DISTRICT COURTS DISTRICT judge's CRIMINAL COURT. SmSi'court^ ^^- '^^^ judge of every District Court, or any judge of the Supreme Court performing the duties of a District Court judge in any district is constituted a Court of Record for the trial at any time and without a jury of any person committed to gaol on the change of being guilty of any offence for which such person may be tried at a court of general sessions of the peace, and for which the person so conunitted consents to be tried by such judge and without a jury; and the court so constituted shall have the powers and duties which part LIV of The Criminal Code, 1892 purports to give to the courts therein mentioned, so fair as the Legislature of this province can confer the same. Name of court 54_ -phe court constitutcd by the preceding section shall be called "The District Court Judge's Criminal Court" of the district in which the same is held. 1910 (2nd Session) c. 2, s. 15. Duties of clerks 55. It shall be the duty of the clerks of the District Courts respectively, or until the same are appointed the clerks of the Supreme Court in the several districts respectively, to issue all process, record vercKcts, judgments and proceedings of the said district judges' criminal courts, file convictions and orders of record and perform all ministerial acts whatsoever necessary to give effect to the decisions of the said courts; and the said clerks respectively are hereby authorized and empowered to take and administer, and cause to be taken and administered, oaths, declarations, and affirmations respecting the service, verification or attestation of any process of the said courts, or respecting any other matter or thing arising out of or incident to any proceeding in the said courts. GENERAL. Governor" in ^^' ^^® Lieutenant Governor in Council may make such CouncU may rulcs and regulations and prescribe such forms as may be found make rules necessary or expedient to effectuate the working of this Act. Act to come into force on proclamation 57. This Act shall come into force upon proclamation. PROCLAMATION. Edmonton, Monday, Sept. 16, 1907. That on from and after the 16th day of September, 1907, the above mentioned Act shall come into force and take effect. See AXberla Gazette Extra, Monday, Sept. 16, 1907. 1907 CHAPTER 5. An Act to amend the Statute Law. {Consolidated in the various Acts.) 268 1907 CHAPTER 6. An Act respecting Assignments and Preferences by Insolvent Persons. {Assented to March 15, 1907.) UIS MAJESTY, by and with the advice and copsent of the ^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Assignments Act." short title OFFICIAL ASSIGNEES. 3. The Lieutenant Governor in Council may appoint one Appointment or more persons in each judicial district of this province to he^^^ aa official assignee under this Act. 1913 (2nd Session), c. 2, s. 12 (1). 3. No official assignee shall accept any assignment or trust Security to or execute any duties under this Act unless and until he has official assignee given security to the satisfaction of the Lieutenant Governor in Council by bond or bojids or otherwise to His Majesty, his heirs and successors in the sum of ten thousand dollars for the due accounting and payment over of all moneys received by him as such assignee. 4. An official assignee may charge up to each estate which ^SiawSig bond comes into his hands the sum of five dollars to reimburse himself the expense incident to the furnishing of said bonds. ASSIGNMENTS. 5. Subject to the provisions of section forty-two hereof every General assignment for the general benefit of creditors which is not voidifMSSdanM* under any of the sections of this Act numbered from thirty-nine ^^^^^j^ to fbrty-three inclusive of both such numbers shall be absolutely null and void to all intents and purposes unless such assignment is made to an official assignee. 1909, c. 4, s. 14 (1); 1913 (2nd Session), c. 2, s. 12 (2). 6. Every assignment made under this Act for the general ^"J^ent benefit of creditors shall as to the description of the property fo' general comprised therein be valid and sufficient if such description orT^tJra is m the words following, that is to say: "All my personal property and all my real estate, credits and effects which may be seized and sold under execution," or if it is in words to the like effect; and an assignment so expressed shall vest in the 269 1907 Cap. 6 ASSIGNMENTS All asaigzunenta for general benefit of creditors to be subject to this Act assignee all the real and personal estate, rights, property, credits and effects whether vested or contingent belonging at the time of the assignment to the assignor except such as are by law exempt from seizure or sale under execution or other legal proceedings, subject, however, as regards lands to the provisions of The Land Titles Act. (2) {Repealed— l^n (2nd Session), c. 2, s. 12 (3)). 7. Every assignment hereafter executed in accordance with this Act for the general benefit of creditors whether the assignment is or is not expressed to be made under or in pursuance of this Act and whether the debtor has or has not included all his real and personal estate shall vest the estate whether real or personal or partly real and partly personal thereby assigned in the assignee therein named for the general benefit of creditors; and such assignment and the property thereby assigned shall be subject to all the provisions of this Act and the provisions of this Act shall apply to the assignee named in such assignment. to tSe°™*^ 8. An assignment for the general benefit of creditors under precedence this Act shall take precedence of all attachments of debts by executfra^^tc. Way of garnishment where the money has not, been actually paid over to the garnishing creditor as well as of all other attachments and of all judgments and of all executions not com- pletely executed by payment, subject to the lien, if any, of execution or attaching creditors for their costs. Sheriff to hand over property seized 9. In case a deed of assignment as aforesaid has been duly executed and registered the sheriff having seized property of the assignor uiider execution gp attachment shall upon receiving a copy of the assignment duly certified by the clerk of the regis- tration district for mortgages and other transfers of personal property in whose ofiice it is registered or verified by affidavit forthwith deliver to the assignee all the estate and effects of the execution debtor in his hands upon payment by the assignee to the sheriff of his fees and charges and the costs of the execution creditor or creditors who has or have a lien as above provided. Amendment 10. No advantage shall be taken or gained by any creditor byTudge"™* of any mistake, defect or imperfection in any assignment imder this Act for the general benefit of creditors if the same can be amended or corrected; and any such mistake, defect or im- perfection shall be amended by any judge; such amendment may be made on application of the assignee or of any creditor of the assignor on such notice beiag given to other parties con- cerned as the judge shall think reasonable; and the amendment when made shall have relation back to the date of the assignment, but so as not to prejudice the rights of innocent purchasers. Notice of 11' No assignment made for the general benefit of creditors gl^'pK^ent to under this Act shall be within the operation of The Bills of Sale Ordinance, but a notice of the assignment shall as soon as con- veniently possible be published at least once in The Alberta Gazette and not less than twice in at least one newspaper having a general circulation in the judicial district in which the property assigned is situate. 270 ASSIGNMENTS Cap. 6 1907 18. A duplicate original or copy of every such assignment Assignment to shall also within ten days from the execution thereof be regis- ^"^^^^'^'^^ tared (together with an affidavit of a witness thereto of the due execution of such duplicate original or of the assignment of which the copy filed purports to be a copy) in the office of the clerk of the registration district for mortgages and other transfers of personal property, where the assignor if a resident in Alberta resides at the time of the execution thereof, or if he is not a resident then in the office of the clerk of the said registration district where the personal property so assigned is or where the principal part thereof (in case the assignment includes property in more registration districts than one) is at the time of the execution of such assignment; and such clerks shall file all such instruments presented to them respectively for that purpose, and shall endorse thereon the time of receiving the same in their respective offices and the same shall be kept there for the inspection of all persons interested therein. The said clerks respectively shall number and enter such assignments and be entitled to the same fees for services in the same manner as if' such assignments had been registered under The Bilk of Sale Ordinance. (2) A duplicate original or copy certffied by the clerk of the court shall within fifteen days also be filed in the land titles office for the land registration district in which any land vested by this Act in the assignee is situated. 13. If the said notice is not published in the regular number Penalty for of The Alberta Gazette, and in such" newspaper as aforesaid p^^uoatifn or within ten days from the execution of the assignment by the ^eJ^tration assignor or if the assignment is not registered as aforesaid within ten days from the execution thereof the assignor shall be liable to a penalty of twenty-five dollars for each and every day that shall pass after the issue of the niunber of the newspaper in which the notice should have appeared xmtil the same shall have been pubhshed; and a like penalty for each and every day which shall pass after the expiration of ten days from the execution of the assignment by the assignor until same shall have been registered. (a) The assignee shall be subject to a like penalty for any such delay for each and every day which shall pass after the expiration of ten days^ from the delivery of assignment to him or of ten days after his assent thereto. The burden of proving the time of such delivery or assent shall be upon the assignee. (6) Such penalties may be recovered with costs by action in the court having jurisdiction to the amount of any penalty sought to be recovered and one-half of the penalty shall go to the party suing and the other half for the benefit of the estate of the assignor. (c) In case of an assignment to an official assignee he shall Liabmty of not be hable for any of the penalties imposed in this section ''*'"*^ ^'''«''™ unless he has been paid or tendered the cost of advertising and registering the assignment a reasonable time before the time required for so advertising and registering nor shaU he be com- pelled to act under the assignment until his costs in that behalf are paid or tendered to him. 271 1907 Cap. 6 ASSIGNMENTS CompeUing 14. In casc the assignment is not registered and notice thereof registration *"*' published within the time hereinbefore prescribed an application may be made by any one interested in the assignment to a judge to compel the registration of the assignment and publication of such notice; and the judge shall make his order in that behalf and with or without costs or upon the payment of costs by such person as he may in his discretion direct to pay the same. Mt'mTOUdlted ^^' ^^^ omissiou to publish or register as aforesaid or any by omiasion to irregularity in the publication or Registration shall not invalidate publish, etc. ^.j^g assignment. CEEDITOBS' ASSIGNEE. Appointment of substituted 16. The court may upon being satisfied that it is for the benefit of the creditors so to do, and upon such notice to the assignee as the court thinks sufficient, remove the assignee and substitute some other person resident in the province for such assignee, and in case an assignee has died a new assignee may in like manner be appointed. 1913 (2nd Session), c. 2, s. 12 (1). Rights and duties of the substituted assignee 17. Where a new assignee is substituted or appointed as in the last preceding section provided the estate shall forth- with vest in the new assignee without a conveyance or trans- fer, and he shall register an affidavit of his appointment in the office in which the, original assignment was filed; such an affidavit may also be filed under The Land Titles Act, and such registration or filing shall have the same effect as the registration of a conveyance or transfer. MEETINGS OF CREDITORS. Assignee to call meeting of creditors 18. It shall be the duty of the assignee immediately to inform himself by reference to the debtor and his records of account of the names and residences of the debtor's creditors and within five days from the date of assignment to convene a meeting of the creditors for the appointment of inspectors and the giving of directions with reference to the disposal of the estate by mail- ing prepaid and registered to every creditor known to him a circular calling a meeting of creditors to be held in his office or some other convenient place to be named in the notices not later than twelve days after the mailing of such notice; and he shall also publish such notice by advertisement in The Alberta Gazette in the first issue after the expiration of such period of five days. Meeting of creditors by request of majority thereof 19. In case of a request in writing signed by a majority of the creditors having claims duly proved of one hundred dollars and upwards computed according to the provisions of the twenty- second section of this Act, it shall be the duty of the assignee within two days after receiving such request to call a meeting of the creditors at a time not later than twelve days after the assignee receives the request. In case of default the assignee shall be 272 ASSIGNMENTS Cap. 6 1907 liable to a penalty of twenty-five dollars for every day after the expiration of the time limited for the call|iig of the meeting until the meeting is called. * 30. In case a sufficient number of creditors do not attend Jj^^geto^^ve the meeting mentioned in the last preceding section, or fail to case creditors give directions with reference to the disposal of the estate any '*° ""'*' ''***""' judge may give all necessary directions in that behalf. 31. At any meeting of creditors the creditors may vote iiij^"*!^*** person or by proxy authorized in writing; but no creditor whose vote is disputed shall be entitled to vote until he has filed with the assignee an affidavit in proof of his claim stating the amount and nature thereof. 33. Subject to the provisions of the sixteenth and twentieth Soaie of vote sections hereof all quesljions discussed at meetings of creditors shall be decided by the majority of votes and for such purpose the votes of creditors shall be calculated as follows: For every claim of or over one hundred dollars and less than two hundred dollars, one vote; For every claim of or over two hundred dollars and less than five himdred dollars, two votes; For every claim of or over five hundred dollars and less than one thousand dollars, three votes; For every additional one thousand dollars or fraction thereof, one vote. (a) . No person shall be entitled to vote on a claim acquired ^qSredSfter after the assignment unless the entire claim is acquired, but assignment this shall not apply to persons acquiring notes, bills or other securities upon which they are liable. (6) In case of a tie the assignee shall have a casting vote. Casting vote CEEDITOHS' CLAIMS. 33. Every person claiming to be entitled to rank on the estate Proof of claim assigned shall furnish to the assignee particulars of his claim verified by statutory declaration and such vouchers as the nature of the case admits of. 1911-12, c. 4, s, 20. 34. In case a person claiming to be entitled to rank on the Limiting time estate assigned does not within a reasonable time after receiving ciim°°' °' notice of the' assignment and of the name and address of the assignee furnish to the assignee satisfactory proofs of his claim as provided by this and the preceding sections of this Act, a judge may upon a summary application by the assignee or by any other person interested in the debtor's estate (of which application at least three days' notice shall be given to the person alleged to have made default in proving a claim as aforesaid), order that unless the claim be proved to the satisfaction of the Judge within a time to be limited by the order the person so maldng default shall no longer be deemed a creditor of the estate assigned and shall be wholly barred of any right to share in the proceeds thereof; and if the claim is not so proved within the time so limited or within such further time as the said judge may by .subsequent order allow, the same shall be wholly barred and the 273 1907 Cap. 6 ASSIGNMENTS assignee shall be at liberty to distribute the proceeds of the estate as if no such claim existed, but without prejudice to the liability of the debtor, therefor. Creditor may prove claim not due 35. A person whose claim has not accrued due shall never- theless be entitled to prove under the assignment and vote at meetings of creditors, but in ascertaining the amount of any such claim a deduction for interest shall be made for the time which has to run until the claim becomes due. Set-o£f 36. The law of set-off shall apply to all claims made against the estate and also to all actions instituted by the assignee for the recovery of debts due to the assignor in the same manner and to the same extent as if the assignor were plaintiff or defendant as the case may be. How^eiM^ 37. If any assignor or assignors executing an assignment where dtffereut Under tMs Act for the general benefit of his or their creditors estates Q^gg qj. Q^g debtg both individually and as a member of different co-partnerships, the claims shall rank first upon the estate by which the debts they represent were contracted and shall only rank upon the other or others after all the creditors of such other estate or estates have been paid in full. Workmen's wages not exceeding three months privileged claims under assignment for benefit of creditors Provisions applicable to all wages When wages to be payable on distribution of estate by administrator, etc. 38. In caj^e of an assigimient under this Act the assignee shall pay in "priority to the claims of the ordinary or general creditors of the person making the same the wages or salary of all persons in the employ of such person at the time of the making of such assignment or within one month before the making thereof, not exceeding three months' wages or salary, such wages or salary to be for arrears only and not for any imearned portion; and such persons shall be entitled to rank as ordinary or general creditors for the residue, if any, of their claims for arrears of such wages or salary; the provisions of this section shall apply to wages or salary whether the employment in respect of which the same may be payable by the day, week, month or year. (2) The wages in respect of which priority is herein conferred shall become due and be payable by the assignee within one month from the time when the estate which is being wound up or distributed shall have been received by or placed unde? the control of such assignee unless it shall appear to him that the said estate is not of sufficient value to pay the ordinary expenses and disbursements of winding up and distributing the said estate; but such ordinary expenses shall not include the cost of litigation or other xmusual expenses concerning the estate or any part thereof, unless the persons entitled to the said preferential claim for wages shall have consented in writing to such proceedings being taken before they were commenced or shall afterwards have adopted or ratified in writing such proceedings. vafue'*B°e"urities ^^' ^^^ Creditor in his proof of claim shall state whether vaueseounies j^^ j^^j^^ ^^^ gg(.yj.j^y. f^j. j^jg dg^m OT any part thereof; and if such security is on the estate of the debtor or on the estate of a third party for whom such debtor is only secondarily liable he shall put a specified value thereon; and the assignee under the authority of the creditors may either consent to the right 274 ASSIGNMENTS Cap. 6 1907 of the creditor to rank for the claim after deducting such valuation or he may require from the creditor an assigimient of the security at an advaijce of ten per cent, upon the specified value to be paid out of the estate; and in such case the difference between the value at which the security is retained and the amount of the gross claim of the creditor shall be the amount for which he shall rank and vote in respect of the estate. 30. If a creditor holds a claim based upon negotiable instru- Right to ments upon which the debtor is only indirectly or secondarily J|™^ cases liable and which is not mature or exigible, such creditor shall be considered to hold security within the meaning of the last preceding section, and shall put a value on the liability of the party primarily liable thereon as being his security for the pay- ment thereof; but after the maturity of such liability and its nonpayment he shall be entitled to amend and revalue his claim. 31. In case a person claiming to be entitled to rank on the when ore dUpr estate assigned holds security for his claim or any part thereof f'°jjf'J^°|i™''' of such nature that he is required by this Act to value the same ""e same and he fails to value such security a judge may upon summary application by the assignee or by any other person interested in the debtor's estate of which application three days' notice shall be given to such claimant order that imless a specified value shall be placed on such security and notified in Tvriting to the assignee within a time to be limited by the order such claimant shall in respect of the claim or the part thereof for which the security is held in case the security is held for part only of the claim be wholly barred of any right to share in the proceeds of such estate; and if a specified value is not placed on such security and notified in writing to the assignee according to the exigency of the said order or within such further time as the said judge may by subsequent order allow the said claim or the said part as the case nday be shall be wholly barred as against such estate but without prejudice to the liability of the debtor therefor. 33. At any time after the assignee receives from any person Contestation claiming to be entitled to rank on the estate proof of his claim, °' °'°^"" notice of the contestation of the claim, or of any part thereof, may be served by the assignee upon the claimant; within thirty days after the receipt of the notice, or such further time as a judge may on application allow, the claimant shall apply for and may if a judge sees fit obtain an originating summons to decide the validity of such claim under the practice regarding origmating proceedings set forth in The Judicature Ordinance or of any Act hereafter passed or Rules of Court hereafter pro- mulgated by competent authority in substitution for or amend- ment of The Jvdicaiure Ordinance or of the Rules of Court therein contained, and such summons shall be served on the assignee; and in default of such summons being served within the time aforesaid the claim or such part thereof as has been so contested shall be forever barred. (a) The notice by the assignee shall contain the name ands^™«°f place of business of a solicitor upon whom service of the summons soiSor™ may be made; and service upon such solicitor shall be deemed sufficient service of the svunmons. 275 1907 Cap. 6 ASSIGNMENTS desires to dispute same Procedure 33. In case the assignee is satisfied with the proof adduced Ssatofed^tl in support of a claim he shall notify the debtor of his decision anTdebt"'?™ with regard thereto within a reasonable time after coming to - " °' sucii decision, and if the debtor desires to dispute the claim or any part thereof, he shall notify the assignee in writing stating his grounds of dispute; and such notice shall be given within ten days of such debtor being notified in writing by the assignee that he is satisfied with the proof adduced as aforesaid and not afterwards unless by special leave of a judge. (a) If upon receiving such notice of dispute the assignee does not deem it proper to require the claimant to take proceedings to establish his claim he shall notify the debtor in writing of this fact and the debtor may thereupon and within ten days of his receiving such notice apply to a judge for an order requiring the assignee to serve a notice of contestation; the judge shall only make such order if after notice to the assignee the judge is of the opinion that there are good grounds for contesting the claim; in case the debtor does not make an application as afore- said, the decision of the assignee shall as against him be final and conclusive. (6) If proceedings are brought by tUe claimant against the assignee the debtor may intervene either personally or by counsel for the purpose of contesting the claim. DIVIDENDS. Dividends wheiuto be panl 34. As large a dividend as can with safety be paid shall be paid by every assignee under this Act within six months from the date of any assignment made hereunder and earlier if required by the inspectors; and thereafter a further dividend shall be paid every six months and more frequently if required by the inspectors, until the estate is wound up and disposed of. Notice of dividend sheet 35. So soon as a dividend sheet is prepared, notice thereof shall be given by letter posted to each creditor enclosing an abstract of receipts and disbursements, showing what interest has been received by the assignee for moneys in his hands, together with a copy of the dividend sheet noting thereon the claims objected to, and stating whether any reservation has or ha,snot been made therefor; and after expiry of eight days from the day of mailing such notice, abstract and dividend sheet as afore- said, dividends on all claims not objected to within that period shall be paid. ADMINISTRATION OF ESTATE. Assets not to be removed out of the province, and moneys to be deposited in a bank 36. No property or assets of an estate assigned under , the provisions of this Act slmll be removed out of the province with- out the order of a jud^ and the proceeds of the sale of any such property or assets and all moneys received on account of any estate shall be deposited by the assignee in one of the incorporated banks within this province, and shall not be with- drawn or removed without the order of a judge except in payment of dividends and other charges incidental to the winding up of the estate, which shall include rent, wages, mortgages, secured and preferred and partly secured and perferred claims. 276 ASSIGNMENTS Cap. 6 1907 (o) Any assignee or other person acting in his stead or on Penalty his behalf violating the provisions of this section shall be liable to a penalty of five hundred dollars, which may be recovered summarily with costs before the court, and one-half of the said penalty shall go to the person suing therefor and the other half shall belong to the said estate; but in default of payment of the said penalty and all costs which may be incurred in any action or proceeding for the recovery thereof, such assignee or other person may be imprisoned for any period not exceeding thirty days, and shall be disqualified from acting as assignee of any estate while such default continues. 37. Upon the expiration of one month from the first meet-Aooomts ing of creditors, or as soon as may be after the expiration ofa°ce!sib6* such period, and afterwards from time to time at intervals of not more than three months, the assignee shall prepare and keep constantly accessible to the creditors accounts and state- ments of his doings as such assignee and of the position of the estate. FRAUDULENT OR PREFERENTIAL TRANSFERS. 38. In case any person, being at the time in insolvent circum- Confessions or stances, or unable to pay his debts in full, or knowing himself ™,3eM*fu*&- to be on the eve of insolvency, voluntarily or by collusion with glo*^!*^" „ ^ a creditor or creditors, gives a confession of judgment, cognovit deten^toi actionem or warrant of attorney to confess judgment with intent, tftoSveml^ in giving such confession, cognovit actionem or warrant of attorney f^f otherto^^"^ to confess judgment, to defeat or delay his creditors wholly be void or in part or with intent thereby to give one or more of the creditors of any such person a preference over his other creditors, or over any one or more of such creditors, every such confession, cognovit actionem or warrant of attorney to confess judgment, shall be deemed and taken to be null and void as against the creditors of the party giving the same, and shall be invalid and ineffectual to support any judgment or writ of execution. . 39. Subject to the provisions of the forty-fifth, forty-sixth. Gifts, forty-seventh and forty-eighth sections of this Aqt every gift, etorSSe conveyance, assignment or transfer, delivery over or payment ^5^^'^™^ of goods, chattels or effects or of bills, bonds, notes or securities or prejudice or of shares, dividends, premiums or bonus in any bank, company "/vow'^ *° or corporation or of any other property real or personal made by a person at a time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency with intent to defeat, hinder, delay or prejudice his creditors or any one or more of them, shall as against the creditor or creditors injured, delayed or prejudiced, be utterly void. 40. Subject to the provisions of the forty-fifth, forty-sixth. Transfers forty-seventh and forty-eight sections of this Act every gift, to^prlte*?"*' conveyance, assignment or transfer, delivery over or payment "«s<='««'8e be lawful for the Attorney General by his warrant in or to the effect of form H in the schedule hereto directed to any person or persons or to all constables or peace officers of the province to authorize and direct that such insane person be apprehended and taken back to the asylmn from which he was discharged on trial or to any other asylum within or without the province; and such warrant shall be sufficient authority to anyone acting thereunder to apprehend the person named therein and to take him to any such asylum without any further or other proceedings. 35. Any person who before the passing of this Act has laid Protection an inforniation charging any person with insanity or who acting oarr^gout as a justice of the peace has committed any person to gaol orPJ°2rt'°°° to the custody of his friends upon the ground of insanity or who has signed or carried out or done any act with a view to sign or carry out an order purporting to be an order for the removal of a patient to an asylUm and any person who after the passing of this Act lays such inforiiiation, makes such commitment or signs or carries out or does anything with a view to sign or carry out an order purporting to be an order for the removal of a person to an insane aslyum, shall not be liable to any civil proceedings 289 1907 Cap. 7 INSANE PERSONS therefor whether on the groiind of want of jurisdiption or any other ground if such person has acted in good faith and with reasonable care. staying^ 36. It any proceedings are taken against any person for lay- prooeedtogB Ing such an information or making such a com itment or signing or carrying out or doing any act with a view to sign or carry out, any such order or for doing anything in pursuance of this Act, such proceedings may upon summary application to' a judge of the Supreme Court of Alberta, be stayed upon such terms as to costs and otherwise as the judge may think fit if the judge is satisfied that there is no reasonable ground for alleging want of good faith or of reasonable care. Temjjorary use g^. The Lieutenant Governor in Council may from time to *" °^° time authorize the temporary use of any building or buildings as. an asylimi for the insane and the removal of patients there- to; and upon the issue of a proclamation to that ^ffpct such buildings shall for the time being be and be used as an asylum for the insane. Lieutenant gg. Upou the establishment of an asylum for the insane in in Council the Provincc of Alberta, the Lieutenant Governor in Council regSiSf^M ni^iy make rules and regulations for the management and internal ^r^^n^iS economy of the same and the conduct and government of the asylums officcrs and employees and of the patients confined therein, and also special • rules and regulations with reference to those accused or convicted of crime and such rules may be amended, varied or repealed from time tatime by the Lieutenant Governor in Council on the report of the Attorney General; and the said rules and regulations and their amendments so long as they remain in force shall be of the same effect as if they had been enacted by the Legislature of Alberta. Act to apply 39. The provisions of this Act shall apply to insane patients nowin Myium from this province confined in the asylum of Manitoba at the time of coming into force of this Act. Repeal 30. Chapter 90 of The Consolidated Ordinances, 1898 and chapter 24 of the Ordinances of 1899 are hereby repealed, but notwithstanding such repeal all rules and regulations made thereunder shall remain in force until superceded by rules and regulations made under the authority of this \ct. SCHEDULE. Information ohari^ng insanity The following are the forms referred to in this Act: FORM A. (Section 2.) Information or Complaint on Oath. CANADA, \ PROVINCE OP ALBERTA. J The information of of taken upon oath before me, the undersigned, one of His Majesty's justices 290 INSANE PERSONS Cap. 7 1907 of the peace in and for the said Province of Alberta, at t^B day of in the year of oui Lord one thousand nine hundred and who saith that of the within the space of last past, to wit, on the day of at the. is suspected and believed by this deponent to be insane and dangerous to be at large; And deponent prays for the issue of a warrant of arrest and an inquiry with reference to such alleged insanity, according to the form of the Statute in such cases made and provided. Taken and sworn before me the day and year first and at the place above mentioned. j-p_ FORM B. (iSeciion 2.) Wabbakt to Appeehend. CANADA, \ PEOVINCB OP ALBBETA. / • To all or any of the constables or peace officers in the said province: Warrant Whereas information upon oath hath this day been laid before the under- *° *"*°* signed, , one of His Majesty's justices of the peace in and for the said Province of Alberta, that IB insane and dar^erous to be at large; These are, therefore, to command you in His Majesty's name, forthwith to apprehend the said and bring him before one of His Majesty's justices of the peace in and for the said j)rovince, in order that. inquiry may be made respecting the sanity of the said and that he may be furthd- dealt with according to law. Given under hand and seal this. day of in the year of our Lord 19 at [L.B.1 J.P. FORM C. {Siibsee. (2) Section 3.), WaBBANT of CoMMITTAIi PENDING INQUIRY. CANADA, \ PBOllNCB OP ALBEETA. / To all or any of the constables or peace officers in the said Province of -warrant of Alberta, and to the keeper of the common gaol at , committal Whereas on the day of last past pending information upon oath was laid before mquuy one of His Majesty's justices of the peace in and for the said province that ■ • • is insane and dangerous to be at large; And whereas the hearing of the same is adjourned to the day of instant, at o'clock in the noon, at and it is necessary that the said should in the meantime be kept in. safe custody; These are, therefore, to command you or any of you, the said constables or peace officers, in His Majesty's name, forthwith to convey the said • ■ ; to the common gaol at and there deKver him to the custody of the keeper thereof, together with this precept; and I (pr we) hereby require you, the said keeper to receive the ^•J into your custody in the •said common paol, and there safely keep him until the day of instant, when you are hereby required to convey and have him, the said :■•■.•••:•-.•_ at the time and place to which the said neanng m adjourned as aforesaid, before such justice or justices as may then , oe there to make further inquiry respecting lus sanity and be further dealt with according to law. 291 1907 Cap. 7 INSANE persons Given under hand and seal this day of in the year of our Lord 19 , at . J.P. ''■'' FORM D. (^Section 4.) Wabbant op Committal Pending Obdee op Attoeney General. CANADA, 1 PBOVINCE OP ALBBBTA. / To or any of the con6t9.bles or other peace officers in the Province of Alberta, and, to the Royal North- West Mounted PoUoe force at (or the keeper of the common gaol at ): Whereas information was laid before me (or as the case may he) a justice of the peace in and for the said province, on the oath of that A.B. (or as in the information) was insane; And whereas inquiry has been made by me respecting the sanity of the • said : And whereas I have foimd and adjudged the said -. to be insane; These are, therefore, to command you or any of you to take the said '. and safely convey to the Royal North-West Mouhted Pohce (or to the keeper of the common gaol) at and to dehver to the police aforesaid (or to the said keeper) together with this precept; and I do hereby command the said police force (or the keeper of the said gaol) to receive the said into custody and safely keep to await the order of the Attorney General or until the said shall be discharged by law. Given under my hand and seal this day of A.D. 19 , at in the Province of Alberta. [L.S.] J.P. FORM E. (Sections 4 and 6.) Repoet. CANADA, \ PBOVINCE OP ALBERTA. / Name of gaol* cj;- -i n committed to of a gaol, state to alleged to be insane^ having been brought here before me and inquiry having and wWe held ^^^ made by me m the matter of h alleged insanity, having heard the evidence adduced I find and adjudge the said to be insane and dangerous to be at large and commit h to the at to await the order of the Attorney General, and I have the honour to submit, for the consideration of the Attorney General under the provisions of The Insanity Act, the annexed report and the original . , . . ; information and evidence in the matter. Your obedient servant, J.P. The Attorney Greneral, Edmonton, Alberta. Repoet. The information here caUed for may be eUoited by the justice of the peace from the witnesses at the inquiry and is intended to be supplementary to the evidence proving insanity. The evidence of a legally quaUfied medical practitioner must always be taken. 292 INSANE PERSONS Cap. 7 1907 1. Date of inquiry held: 2. Name in fml of alleged lunatic: 3. Age years months; 4. Has he any, and, if so, what property? (and ) (other property ). 5. Occupation, calling or profession: 6. Other means of support: 7. Religion; 8. Country where bom: 9. Time he has resided in the province: 10. (o) Place of residence during the six months previous to this inquiry: (b) If an immigrant when did he land in Canada? (c) From what village, town or district in what country did he come? (d) With whom^has he resided the last six months, giving post ofiice address; (e) By what line of steamships did he come to Canada? 11. Married, single or widowed : 12. How many persons are dependent upon h for support? 13. Number of children, if any; (Male under 14 years and over 14 years). (Female under 14 years and over 14 years). 14. Names and address of parents : 15. Names and addresses of relatives residing nearest to place of residence of alleged lunatic; 16. How such relatives connected? 17. How long has. . .he been insane? 18. Duration of present attack: 19. Is it the first? 20. How first shown? 21. Supposed causes: (Here give any informaiion that may aid the medical superintendent o/ the asylum in the ireaiment of the case). 22. Has . . .he any delusions, and what are they? 23. Is ...he suicidal? 24. Is. . .he dangerous to others? 25. Has. . .he ever conunitted any offence? 26. Has. . .he been convicted of same? 27. Give particulars; 28. Is. . .he subject to epilepsy? 29. Is. . )he subject to paralysis? 30. Is. . .he suffering from any infectious disease? 31. Has any other member of the family shown signs of insanity? 32. Has. . .he ever been in an asylum for the insane? 33. When and where? 34. What has been h habits as to temperance, industry and general conduct? 35. In what manner has ... he changed? 36. Has change been recent, gradual or sudden? 37. Has. . .he been subject to bodily ailments? 38. Of what nature are they? 39. Degree of education: , 40. Is. . .he idiotic, imbecile or incurable? 41. Should. . .he ^e sent back to former residence on recovery? 42. If so, at whose cost? 43. Date of present committal as an insane person? 44. Remarks: {Here gioe any other infonnation which in the opinion of the J.P. shnM be brought to the notice of the Attorney General or which may be of use to the medical superintendent of the asylum in the treatment of the case) . Dated at this day of A.D, 190. . . A Justice of the Peace in and for the Province of Alberta. FORM P. {Section 8.) PROVINCE op ALBERTA. CANADA, 1 4.. / To. or any of the constables or other peace omcers in the said province, and to the superintendent of the asylum for the insane at in the Province of 293 1907 Cap. 7 INSANE PERSONS Whereas hy^Tke Insanity Act of the Province of Alberta, it is amongst other things in'effect enacted that whenever under said Act any insane person is kept in custody to await the order of the Attorney General for removal to an asylum or until such person is discharged by law, the Attorney General may cause such person to be removed to and confined in one of the asylums designated for that purpose in this Act, and the superintendent or warden of such asylum or place of confinement shall receive such person and detain Viim therein subject to the provisions of this Act; And whereas , an insane person, is now kept in custody in , in this province, awaiting the order of the Attorney General; Therefore I, , Attorney General of the Province of Alberta, in pursuance of the power and authority conferred upon me by this Act, do hereby direct you to take the said and safely convey to the asylum for the insane at in the Province of and there to deliver to the superintendent thereof, together with this precept, and I do hereby authorize and require you the superintendent of the said asylum to receive the said into your custody in the said asylum, there to detain as a lunatic imtil the said is discharged by law, or released under the provisions of the said Act. Given under my hand at Edmonton, in the Province of Alberta, this day of , in the year of our Lord one thousand nine himdred and Attorney General of the Province of Alberta, Certificate of Judge that prisoner not fit for asylum FORM G. {Section 10.) Ceetificatb op Judge when Pbisoneb is Not Fit fob an Astltjm. CANADA, \ PBOVINCE OP ALBEBTA. j_ I, the undersigned, a judge of the Supreme Court of Alberta, do hereby certify that I. have, on this day of A.D. 19 , personally examined , an inmate of the gaol at , and I do hereby further certify that I am_ satisfied that the said is not insane (or that the said though insane, is not dangerous to be at large), and is not, in my opinion, a fit' person to be confined in an asylum for the insane. Signed this day of A.D. 19 ** J.S. C. Warrant to retake patient allowed out on probation FORM H. {Section 24.) Wabeant to Retake Probationaby Patient. CANADA, 1 PBOVINCE OP ALBEBTA. / To and all or any of the constables or peace officers in the Province of Alberta: Whereas, on _ the day of last past, being within six months of this date, A.B., an insane person confined in the insane asylum was allowed by the medical superintendent of the said asylum to return on trial to the care of his friends; And whereas it appears to me, from the information received by me, that the said A.B. has again become dangerous; These are, therefore, to command you or any of you, the said constables or peace officers, in His Majesty's name, to fetake the said A.B., and safely convey him to the said asylum (or to such other asylum as may be designated), and deliver him to the superintendent of the said~asylum. Given under my hand this day of in the year of our Lord, 19 at Attorney General of the Province of Alberta . 294 1907 CHAPTER 8. An Act respecting Railways. {Assented to March 15, 1907.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The hailway Act." short tniei INTERPRETATION. 3. In this Act and in the special Act incorporating any railway interpretation company to which this Act applies where the foUowing words occur they shaU be construed in the manner hereinafter mentioned unless a contrary intention appears: 1. The expression "special Act" means any Act under which special Act the company has authority to construct or operate a railway or which is enacted with special reference to such railway and includes all such Acts; 2. "Prescribed" used in this Act in reference to any matter prescribed herein stated refers to such matter as the same is prescribed or provided for in the special Act; and the sentence in which such word occurs shall be construed as if instead of the word "prescribed" the expression "prescribed for that purpose in the special Act" had been used; 3. "The lands" shall mean the lands which by the special The lands Act are authorized to be taken or used for the purposes thereof; 4. "Land" or "lands" shall include all real estate, messuages, Lands lands, tenements and hereditaments of any tenure; 5. "The undertaking" means the railway and works of what- ti^ under- ever description by the special Act authorized to be executed;'* * 6. "Minister" means the Chairman of the Executive Council Minister of Alberta. 1909, c. 5, s. 11 (1). 7. "Lea^e" includes any agreement for a lease; lease 8. "Toll" means and includes any toll, rate, fare, charge toII or other payment made imder this Act or the special Act for any passenger, animal, carriage, goods, merchandise, articles, matters, things conveyed on the railway or for the collection, loading or unloading or delivery of goods or for the warehousing or other services incidental to the business of a carrier; 9. "Judge in chambers" and "judge" respectively mean aJudge,. judge of the Supreme Court sitting in chambers; chtSfiera 10. "Goods" includes personal property of every description Goods that may be conveyed upon the railway or upon steam or other vessels connected therewith; 11. "Highways" shall mean any pubUc roads, street, lane or Highways other public way or communication; 295 1907 Cap. 8 RAILWAYS Justice Owner The company The railway Uolling stock Train Shareholder Inspecting engineer Traffic Lawful fences Working 12. "Justice" shall mean a justice of the peace in and for the province residing near the place where the matter requiring the cognizance of a justice arises and who is not interested in the matter; 13. "Owner" when under the provisions of this Act or the special Act any notice is required to be given to the owner of any lands or when any act is authorized or required to be done with the consent of any such owner means any corporation or person who imder the provisions of this Act or the special Act or any Act incorporated therewith would be enabled to sell and convey lands to the company; 14. "The company" shall mean the company or person authorized by the special Act to construct the railway and shall include all persons or corporations leasing or operating any railway; 15. "The railway" means the railway which by the special Act the company is authorized to construct or operate and includes all branches, sidings, stations, depots, wharves, rolling stock, equipment, stores, property real or personal and works connected therewith and also any railway bridge, tunnel or other structure which the company is authorized to construct; 16. "RolKng stock" means and includes any locomotive, engine, motor car, tender, snowplow, Sanger and every description of car or of railway equipment designed for movement on its wheels over or upon the rails or tracks of the company; 17. "Traui" includes any engine, locomotive or other rolling stock; 18. "Shareholder" means every subscriber to or holder of stock in the undertaking and shall extend to and include the personal representatives of the shareholder; 19. "Inspecting engineer" shall mean an engineer who is directed by the Lieutenant Governor in Council or by the Minister to examine any railway and includes two or more engineere when two or more are so directed; 20. "Traffic" shall include passengers, goods and rolling stock; 21. The expression "lawful fences" shall mean substantial fences not less than four feet high and consisting of not less than foiir strands of ordinary fence wire, the lower wire being not more than 12 inches above the ground; the posts in such fences to be placed not more than 27 feet apart; 22. The expression "working expenses" means and includes- all expenses for maintenance of the railway and all such tolls, rents or annual sums paid in respect to property- leased to or held by the company apart from the rent of any leased line or in respect to the hire of rolling stock let to the company; also all rents, charges or interests on the purchase money of lands belonging to the company purchased but not paid for or not fully paid for; and also all expenses incidental to the working of the railway and the traffic thereon including all necessary repairs and supplies of rolling stock while on the lines of another company; also rents, taxes, insurance and expenditure for accidents or losses; also all salaries and wages of persons employed, in and about the working of the railway and traffic and all officers' and managers' expengbs including directors' fees, agency, legal and other like expenses; also all costs and expenses of and in- cidental to the compliance by the company with any order of 296 KAiLWAYS Cap. 8 1907 the Minister under this Act and generally all such charges as are not above otherwise specified as in all cases of EngUsh railway companies are usually carried to debit of revenue as distinct from capital account. APPLICATION. 3. The provisions of this .Act shall apply to all railways here- AppUoaUon tofore or hereafter authorized to be constructed by any special °* *°' Act of the province and said provisions shall in so far as they are appUcable to the undertaking and unless they are expressly varied or excepted therefrom by the special Act be incorporated with the special Act form part thereof and be construed therewith as forming one Act. 4. Any section of this Act may by any special Act be excepted ^ motion froin incorporation therewith or may thereby be extended, limited excepted by or qualified, and it shall be sufficient for the purposes of this^"*"'*''^'* section to refer to any section of this Act by its number merely; and unless otherwise expressly provided in this Act where the Conflict provisions of this Act and of any special Act of the province this Act and relate to the same subject matter the provisions of the spe'ciaF''°°"' ■*^"* Act shall be taken to override the provisions of this Act in so far as is necessary to give effect to such special Act. INCOHPORATION. 5. Every company incorporated uUder any special Act shall incorporation be a body corporate under the name declared in the special Act and shall be invested with all such powers, privileges and im- munities as are necessary to carry into effect the intentions and objects of this Act and of the special Act and are incident to such corporations or are expressed or included in The Interpretation Ad.. OHGANIZATION OF THE COMPANY OPFICES. 6. The head office of the company shall be within the province offices of the in the place designated in the special Act but the company may """np^iy by by-law from time to time change the location of its head. office to any other place in the proAdnce notice thereof to be given the Minister, who shall keep a register for the purpose; the board of directors may estabhsh such other offices as they may deem advisable. PROVISIONAL DIEECTOBS AND THEIR POWERS. 7. The persons mentioned by name as such in the special Provisional Act are hereby constituted provisional directors of the com- *°'°™ pany and of such provisional directors a majority shall be a quorum and the said provisional directors shall hold office as such until the first election of directors and may forthwith open stock books and procure subscriptions of stock for the under- taking and receive payments on account of stock subscribed and cause plans and surveys to be made and deposit in any chartered bank in Alberta money received by them on account 297 1907 Cap. 8 RAILWAYS Allotment of stock of stock subscribed which moneys shall not be withdrawn except for the purposes of the undertaking or upon dissolution of the company for any cause whatsoever. 8. If more than the whole stock has been subscribed the pro- visional directors shall allocate and apportion the authorized stock among the subscribers as they deem most advantageous and conductive to the furtherance of the imdertaking. CAPITAL, anls^hirM* ^- ^^^ Capital stock of the company the amount of which shall be stated in the special Act shall be divided into shares of one hundred dollars each; and the money so raised shall be applied in the first place to the payment of all fees, expenses and disbursements for procuring the passing of the special Act and for making the surveys, plans and estimates of the works authorized by the special Act; and the remainder of such money shall be applied to the making, equipping, completing and main- taining of the railway and other purposes of the undertaking. SrtEa?eifddfrs ^^' ^^ ^°°^ ^^ twcnty-fivc per cent, of the capital has been subscribed and ten per cent, of the amount subscribed has been paid into some chartered bank having an ofl&ce in the province to the credit of the company the provisional directors shall call a meeting of the shareholders of the company at the place where the head office is situated at such time as they think proper Notice thereof giving such noticc thereof as is hereinafter prescribed, at which meeting the shareholders who have paid at least ten per cent, on the amount of stock subscribed for by them shall from the shareholders possessing the qualifications hereinafter mentioned elect the number of directors prescribed by the special Act. Election of directors Increase of capital stock 11. The original capital stock of the company may with the approval of the Lieutenant Governor in Council be increased from time to time to any amount if such increase is sanctioned by a vote in person or by proxy of the shareholders who hold at least two-thirds in amount of the subscribed stock of the company at a meeting expressly called by the directqrs for that purpose by a notice in writing to each shareholder delivered to him personally or properly directed to him and deposited in the post office at least twenty days previously to such meeting stating the time, place and object of such meeting and the amount of the proposed increase; and the proceedings of such meeting shall be entered in the minutes of the proceedings of the company and thereupon the capital stock may with such approval be increased to the amount sanctioned by such vote. MEETINGS OF SHAKEHOLDERS. Annual meetings 13. A general meeting of the shareholders for the election of directors and the transaction of other business connected with or incidental to the undertaking to be called "the annual meeting" shall be held aimually on the day mentioned in the special Act (or such other day as the directors may determine) and other general meetings to be called "special meetings" 298 RAILWAYS Cap. 8 1907 may be called from time to time by the directors or by the share- holders representing at least one-fourth of the* value of the sub- scribed stock if the directors having been requested by such shareholders to convene such special meeting for twenty-one days thereafter fail to call such meeting. 13. All general meetings whether annual or special shall be where to held at the head office of the company. * " 14. At least four week's public notice of any meeting of the shareholders of the company shall be given by advertisement published in The Alberta Gazette and in at least one newspaper published in the place where the head office is situate in which notice shall be specified the place, the day and the hour of meeting; all such notices shall be pubUshed weekly in such newspaper and a copy of such gazette containing such notice shall on pro- duction thereof be sufficient evidence of such notice having been given. 15. Any business connected with or incidental to the under- '''^'>**i>™™^ taking may be transacted at an annual meetmg except such transacted business as is by this Act or the special Act required to be tran- sacted at a special meeting; but no special meeting shall enter upon any business not set forth in the notice upon which it is convened. 16. The number of votes to which each shareholder shall be^°*^j^j,^ entitled on every occasion on which the votes pf the shareholders are to be given shall be iii proportion to the number of shares held by him on which all calls due have been paid. 17. All shareholders whether resident in this province ory°*'°s elsewhere may vote by proxy if they see fit provided such proxy produces from his constituent an appointment in writing in the words or to the effect following, that is to say: I ^ Qf Form of proxy one of the shareholders of the do hereby appoint of , to be my proxy and in my absence to vote or give my assent to any business, matter or thing relating to the undertaking of the said that may be mentioned or proposed at any meeting of the shareholders of the said com- pany or any of them in such manner as he the said thinks proper. In witness whereof I have hereunto set my hand and seal this day of in the year proxy 18. The votes by proxy shall be as vahd as if the constituents J^°*^^ had voted in person; and every matter or thing proposed or considered at any meeting of the shareholders shall be determined by the majority of votes and proxies then present and given; and all decisions and acts of any such majority shall bind the company and be deemed the decisions and acts of the company. 19. Copies of the minutes of proceedings and resolutions Certified copy of the shareholders of the company at any annual or special eiid^Me^^ 299 1907 Cap. 8 RAILWAYS meeting and of the minutes of proceedings and resolutions of the directors at their meetings extracted from the minute books kept by the secretary of the company and by him certified to be true copies extracted from such minute books when sealed with the company's seal shall without proof of the signature of such secretary be evidence of such proceedings and resolutions in any court. PRESIDENT AND DIKECTORS. Election of board of directore Two of directors to be residents of province WIlo shall vote 30. A board of directors of the company to manage its affairs the number whereof shall be stated in the special Act and a majority of whom shall form a quorum shall be chosen at the annual meeting; and if such election be not held on the day appointed therefor the directors shall cause such election to be held at a special meeting duly called for that purpose with as short a delay as possible after the day so appointed. (2) Of the directors of the company two at least shall be and while holding office as such shall continue to be residents of the province. 31. On the day so notified no person shall be admitted to vote except those who would have been entitled to vote had the election been held on the day when it ought to have been held. Vacancies in board 33. Vacancies in the board of directors shall be filled in the manner prescribed in the by-laws. ^^di^eotore ^3. No person shall be a director unless he is a shareholder owning ten shares of stock absolutely in his own right and quahfied to vote for directors at the election for which he is chosen. «f"Seot.^°^ 34. The directors appointed at the last election or those ■appointed in their stead in case of vacancy shall remain in office until the next ensuing election of directors. Vacancy in board 35. In case of the death, absence or resignation of any of the directors others may be appointed in their stead by the remaining directors; but if such appointment is not made such death, absence or resignation shall not invalidate the acts of the remaining directors. 36. The directors shall, at their first or at some other meeting after the election, elect one of their number to be president of the company, who, unless otherwise provided by by-law, shall always when present be the chairman of and preside at all meetings of the directors, and shall hold his office until he ceases to be a director or until another president be elected in his stead, and the directors may in like maimer elect one or more vice- presidents who may act as chairman in the absence of the president in such priority as may be prescribed by by-law. The directors at any meeting at which not less than a quorum are present shall be competent to elect a chairman from among their number to preside at such meeting in the event of the president or a vice- president being absent. 1911-12, c. 15, s. 1. 300 BAIL-WAYS Cap. 8 1907 27. The directors at any meeting at which not less than a Quorum quorum are present shall be competent to use and exercise all and any of the powers vested in the directors. 38. The act of a majority of a quorum of the directors present Majority^ at any meeting regularly held shall be deemed the act of the" '"""" directors. 39. No directors shall have more than one vote at any meeting ^^1°*°''^*°^,^ except the chairman who shall in case of a division of equal numbers tS! ?m™ ote have the casting vote. 30. The directors shall be subject to the examination andjjj?^^"^ control of the shareholders at their annual meetings and be control (rf subject to all by-laws of the company and to the orders and' ^ ° *" directions from time to time made at the annual or at any special meetings; but such orders and directions shall not be contrary to any express directions or provisions of this Act or of the special Act. 31. No pejrson holding any office, place or employment in^^JPf^og^g or being concerned or interested in any contract under or with or interested the company or is surety for any contractor with the company ISthTOmpMy shall be capable of being chosen as a director or of holding the^^"*^.^^ office of director nor shall any person being a director of the company enter into or be directly or indirectly for his own use and benefit interested in any contract with the company other than a contract which relates to the purchase of land necessary for the railway or be or become a partner of or surety for any contractor for the company. 33. The directors may make by-laws or pass resolutions from By-laws time to time for the following purposes: 1. The management and disposal of the stock, property, business and affairs of the company not inconsistent with the laws of the province; 2. The appointment of all oflicers,"' servants and artificers and for prescribing their respective duties and the compensation to be made therefor. 33. The directors shall from time to time appoint such officers Appointment they deem requisite and shall take sufficient security by one^ ^'^ 33. as or more penal bonds or otherwise from the manager and officers for the time being for the safe keeping and accoimting by them respectively of and for the moneys raised by virtue of this Act and the special Act and for the faithful execution of their offices as the directors think proper. 34. In case of the absence or illness of the president the vice- in case of president shall have all the rights and powers of the president Sf^|^"*°'' and may sign all debentures and other instruments and perform all acts which by the regulations and by-laws of the company or by the Act incorporating the company are required to be signed, performed and done by the president. In the absence or illness of the president or vice-presidents any director of the company acting under the express authority of the board may 301 1907 Cap. 8 • RAILWAYS while so acting exercise the rights and powers of the president or vice-presidents as hereinbefore set forth. 1911-12, c. 15, s. 2. Secretary to enter among proceedings such absence or illness 35. The directors may at any meeting require the secretary of the company to enter such absence or illness among the proceed- ings of such meeting; and a certificate thereof signed by the secretary shall be delivered to any person or persons requiring the same on payment to the treasurer of one dollar; and such certificate shall be taken and considered as prima facie evidence of such absence or illness at and during the period in the said certificate mentioned in all proceedings in courts of justice or otherwise. Directors to make account of money collected 36. The directors shall cause to be kept and annually on the thirty-first day of December shall cause to be made up and balanced a true, exact and particular account of all the money collected and received by the company or by the directors or managers thereof or otherwise for the use of the company and of the charges and expenses attending the erecting, making, supporting, maintaining and carrying on of the undertaking and of all other receipts and expenditures of the company or the directors. CALLS. Directors may make 37. The directors may from time to time make such calls of money upon the respective shareholders in respect of the amount of capital respectively subscribed or owing by them as they deem necessary; and thirty days' notice shall be given of each call; and no call shall exceed the prescribed amount determined in the special s^ct or be made at a less interval than two months from the previous call nor shall a greater amount be called in any one year than the amount prescribed in the special Act; but nothing herein contained shall prevent the (firectors from making more than one call by one resolution of the board: Provided that the intervals between such calls, the notices of each call and the other provisions of this Act and of the special Act in respect of calls are duly observed and given. Publication of notice of call 38. All notices of calls upon the shareholders of the company shall be published as provided by section 14 of this Act and a copy of the gazette as therein mentioned shall on production thereof be sufficient evidence of such notice having been given. LMiiuty of 39. Every shareholder shall be liable to pay the amount of s e o ers ^j^^ ^^jj ^^ made in respect of the share held by him to the persons and at the times and places from time to time appointed by the company. when call not paid 40. If on or before the day appointed for payment of any call any shareholder does not pay the amount of the call he shall Be liable to pay interest for the same at the legal rate for the time being from the day appointed for the payment thereof to the time of the actual payment thereof. 302 RAILWAYS Cap. 8 1907 41. If at the time appointed for the payment of any call any May be shareholder fails to pay the amount of the call he may be sued'"' for the same in any court of competent jurisdiction and the same may be recovered with lawful interest from the day on which the call became payable. 43. In any action or suit to recover any money due upon Headings in any call it shall not be necessary to set forth the special matter *°*"'° " but it shall be suflBcient to declare that the defendant is the holder of one share or more stating the number of shares and is indebted in the sum of money to which the calls in arrears amount in respect of one call or more upon one share or more stating the number and amount of each such calls whereby an action has accrued to the company. DIVIDENDS. 43. Dividends at and after the rate of so much per share Declaration upon the several shares held by the shareholders in the stock °' '•'"'*™ of the company may, from time to time be declared and paid by the directors out of the net profits of the undertaking. 44. No dividends shall be declared whereby the capital of ciapi^i^ot to the company is in any degree reduced or impaired or be paid thereout; nor shall any dividend be paid in respect of any share after a day appointed for payment of any call for money in respect thereof until such call has been paid; but the directors may in their discretion until the railway is completed and opened pay^nter^*'' to the pubUc pay interest at legal rate authorized by the laws of Canada then in force in Canada on all simis actually paid in cash in respect of the shares from the respective days on which the same have been paid; and such interest shall accrue and be paid at such times and places as the directors appoint for that purpose. 45. No interest .shall accrue to any shareholder in respect No interest on to1 1 • 1 11 • . . ' , , calls in arrears any share upon which any call is m arrears or m respect to any other share held by such shareholder while such call remains unpaid. (2) The directors may deduct from any dividend payable to Arrears iMy any shareholder all or any sum or smns of money due from him fronf dhddends to the company on account of any call or otherwise. SHARES. 46. Shares in the company may by the holders thereof be stares may be sold and transferred by instrument in writing made in duplicate — '™™^^"^ one part of which shall be delivered to the directors to be filed and kept for the use of the company and an entry whereof shall be made in a book to be kept for that purpose and no interest or dividend on the shares transferred shall be paid to the purchaser until such duplicate is so delivered, filed and entered. 47. Transfers except in the case of fully paid up shares shall Form of he in the form following or to the like effect varying the names *°^*" and descriptions of the contracting parties as the case requires, that is to say: 303 1907 Cap. 8 BAILWATS As to paid-up shares Stock personal property I, {A.B.) in consideration of the sum of paid to me by (CD.) hereby sell and transfer to him share (or shares) of the stock of , to hold to him, the said (CD.), his executors, administrators and assigns (or suc- cessors and assigns, as the case may be) subject to the same rules and orders and on the same conditions that I held the same immediately before the execution hereof. And I, the said (CD.), do hereby agree to accept of the said (A.B.) share (or shares) subject to the same rules, orders and conditions. Witness our hands this day of in the year 19 ... . (2) In the case of fully paid shares the transfer may be in such form as is prescribed by the by-laws of the company. 48. The stock of the company shall be personal property but no shares shall be transferable until aU previous calls thereon have been fully paid up or until the said shares have been declared forfeited for the nonpajmient of calls thereon and no transfer of less than a whole share shall be valid. S^sto^otter ^^* ^^ ^^^ shoTB in the capital stock of the company is trans- than by transfer mitted by death, bankruptcy or last will, donation or testament or by the intestacy of any shareholder or by any lawful means other than the transfer hereinbefore mentioned the person to whom such share is transmitted shall deposit in the office of the company a statement in writing signed by him which shall declare the manner t)f such transmission together with a duly certified copy or probate of such will, donation or testament or sufficient extracts therefrom and such other documents and proofs as are necessary and without such proof the person to whom the share is so transmitted as aforesaid shall not be entitled to receive any part of the profits of the company or to vote in respect of any such share as the holder thereof. Com^any^not 50. The compauy shall not be bound to see the execution to exeoutim ' of any trust whether express, implied or constructive to which of trusts g^j^y share or security issued by it is subject and whether or not the company has had notice of the trust; and it may treat the registered holder as the absolute owner of any such share or secmity and accordingly shall not be boimd to recognize any claim on the part of any other person whomsoever with respect to any such share or security or the dividend or interest payable thereon: Provided that nothing herein contained shall prevent a person equitably interested in any such share or security from procuring the intervention of the court to protect his rights. cer^ed^tock 51. The Certificate of proprietorship of any share shall be evidence admitted in all courts as prima facie evidence of the title of any of title shareholder, his executors, administrators or assigns or successors and assigns as the case may be to the share therein specified. Sale without certificate 53. The want of such certificate shall not prevent the holder of any share from disposing thereof. Itat^kiov 53. Every shareholder who makes default for the spiace of nonpayment two mouths in the payment of any call payable by him together of calls QOil RAILWAYS Gap. 8 1907 with the interest, if any, accrued thereon after the time appointed for the payment thereof shall forfeit to the company his share in the company and all the profits and benefit thereof. 54. No advantage shall be taken of the forfeiture unless the Method of shares are declared to be forfeited at a general meeting of the*°'^^'*"'° company assembled at any time after such forfeiture has been incurred. 55. .Every such forfeiture shall be an indemnification to and^^'^f^^^ for every shareholder so forfeiting against all actions, suits oruabiuty prosecutions whatsoever commenced or prosecuted for any breach of contract between such shareholder and the other shareholders with regard to carrying on the undertaking. 56. The directors may sell either by public action or private Saie of sale any shares so declared to be forfeited upon authority therefor gJares^'^ having first been given by the shareholders either at a general meeting at which such shares were declared to be forfeited or at any subsequent general meeting and any shareholder may purchase any forfeited share so sold. 57. A certificate of the treasurer of the company that the certificate forfeiture of the shares was declared shall be sufficient evidence "obe^dence of the fact and of their purchase by the purchaser; and such "^forfeiture certificate with the receipt of the treasurer for the price of suchpSrohaser''"' shares shall constitute a good title to 'the shares; and the certifi- cate shall be by the said treasurer registered in the name and with the place of abode and occupation of the purchaser and shall be entered in the books to be kept by the company and such purchaser shall thereupon be deemed the holder of such shares and shall not be bound to see to the application of the purchase money and his title to such shares shall not be affected .by any irregularities in the proceedings in reference to such sale; and any shareholder may purchase any share so sold. 58. Any shareholder who is willing to advance the amount interest on of his shares or any part of the money due upon his shares beyond Advance ™ the sums actually called for may pay the same to the company; and upon the principal moneys so paid in advance or so much thereof as from time to time exceeds the amount of the calls then made upon the shares in respect to which such advance is made the company may pay such interest at the lawful rate of interest for the time being as the shareholders who pay such F" '?'?"^! *? , , , ° 1 1 1 . I "^ paid out of sums in advance and the company agree upon; but such interest capital shall not be paid out of the capital subscribed. 59. Every shareholder shall be individually Uable to the ^™'^°5jg^,^ creditors of the company for the debts and liabilities of the com- liability to pany to an amount equal to the amount unpaid on the stock Se^ompany held by him and until the whole amount of his stock has been paid up but no such shareholder shall be liable to an action in respect of his said liability until an execution at the suit of the creditor against the company has been returned unsatisfied in whole or in part. 305 1907 Cap. 8 RAILWAYS Aliens have eqiial rights as shareholders Proviso 60. All shareholders in the company whether British subjects or aliens or residents in Canada or elsewhere shall have equal right to hold stock in the company and to vote oh the same and shall be eUgible to hold office in the company. (2) Nothing in this section contained shall be construed to do away with the requirements of subsection 2 of section 20 of this Act. Slrehddera ^^- ^ ^^^^ ^^^ pcrfcct account of the names and places of abode of the several shareholders shall be entered in a book which shall be kept for that purpose and which shall be open to the inspection, of the shareholders. BONDS, MORTGAGES AND BORROWING POWERS. Issue of bonds authorized Procedure When and where payable Interest Disposal of bondsi etc. 63. The directors of the company under the authority of the shareholders to them given at any special meeting called for the purpose in the manner provided by section 14 of this Act or at any annual meeting for which like notice of intention to apply for such authority has been given as is required in the case of a special meeting and at which meeting whether annual or special shareholders representing at least two-thirds in value of the subscribed stock of the company and who have paid all calls due thereon are present in person or represented by proxy may subject to the provisions in this Act and the special Act con- tained issue bonds, debentures, perpetual or terminal debenture stock or other securities and such securities may be made payable at such times and in such manner and at such place or places in Canada or elsewhere and may bear such rate of interest not exceeding five per cent, per annum as the directors think proper. If the securities issued are in the form of bonds such bonds may be signed by the president or a vice-president or a director and countersigned by the secretary or an assistant or local secretary of the company; and any coupons attached to such bonds shall bear the signature of the treasurer or secretary of the company: Provided that the signature of the president on the bonds, and the signature of the treasurer or secretary on the coupons, may be engraved, lithographed or otherwise mechanically repro- duced facsimile of such signatures respectively; and such repro- duced and all other signatures of the officers aforesaid shall, for all purposes, be vaUd and binding upon the company, notwith- standing that at the date of the issue or certification of the bonds or coupons the persons whose signatures so appear are not the president, vice-president, director, treasurer or secretary of the company as the case may be. 1911-12, c. 15, s. 3. (6) If the securities are issued in the form of debenture stock, certificates for such stock may be signed in the same way as herein provided for the signature of bonds, or may be signed by the secretary or an assistant or local secretary of the company, countersigned by the registrar or an assistant or local registrar of the stock for the time being, or such other officers as the directors . may designate. 1911-12, c. 15, s. 3. (2) The directors may issue and sell or pledge all or any of the said securities at the best price and upon the best terms 306 RAILWAYS Cap. 8 1907 and conditions which at the time they may be able to obtain for the purpose of raising money for prqsecuting the said undertalmig. (3) No such security shall be for a less sum than one hundred bS^ete dollars. (4) The power of issuing securities conferred upon the company Extentof hereby or under the special Act shall not be construed as being powe™^ exhausted by such issue; and such power may be exercised from time to time; but the limit to the amount of securities fixed in the special Act shall not be exceeded. 63. The company may secure such securities by one or more mortgage deeds creating such mortgages, charges or encum- brances upon the whole or any part or portions of such property, assets, rents and revenues of the company, present and future or both, as may be described therein; but such property, assets, rents and revenues shall be subject in the first instance to the payment of any penalty then or thereafter imposed upon the company for noncompliance with the requirements of this Act and next to the payment of the working expenditure of the railway. 1911-12, c. 15, s. 4. (2) By the said mortgage or mortgages the company may grant to the holders of such securities or the trustees named in such mortgage all or any of the powers, rights, and remedies granted by this Act, in respect of the said securities and all other powers, rights and remedies not inconsistent with this Act, or may restrict the said holders in the exercise of any power, privilege or remedy granted by this Act as the case may be; and all the powers, rights and remedies so provided for in any such mortgage shall be valid and binding and available to the said holders in manner and form as therein provided. 1911-12, c. 15, s. 4. (3) The company may except from the operation of any such mortgage deed any assets, property, rents or revenues of the company, present or future, and may declare and provide therein that such Bjortgage shall only apply to and affect certain sections or portions of the railway or property of the company; but where any' such exception is made the company shall in such mortgage deed expressly specify and describe with sufiicient particularity to identify the same, the assets, property, rents or revenue of the company or the section or portions of the rail- way not intended to be included therein or conveyed thereby. 1911-12, c. 15, s. 4. (4) Every such mortgage deed and every assignment thereof Mortgage to be or other instrument in any way affecting such mortgage or security th?Pro^nda? shall be deposited in the office of the Provincial Secretary of^'^^t^y Alberta of which notice shall forthwith be given in The Alberta Gazette; such mortgage deed or other instrument need not be registered under the provisions of any law respecting registration of title deeds or instrmnents affecting real or personal property. (5) A copy of any such deed or instrument so deposited certified Evidence to be a true copy by the Provincial Secretary or by the deputy Provincial Secretary shall be received as prima fade evidence of the original in all courts without proof of the signatiu-e of such officials. 307 1907 Cap. 8 RAILWAYS 64. The securities hereby authorized shall rank upon the properties of the company described in and covered by the mort- gage deed or deeds securing the same respectively (and not excepted therefrom as hereinbefore provided) after the payment of the penalties and the working expenditure of the railway as here- inbefore provided, and according to the priorities, if any, established in respect of such securities by such mortgage deed or deeds. (2) Each holder of the said securities shall be deemed to be a mortgagee or encumbrancee upon the mortgaged premises pro rata with all other holders of the same issue and in accordance with and having regard to the priorities, if any,' so established; but no proceedings authorized by law or by this Act shall be taken to enforce payment of the said securities or of the interest thereon except through the trustee or trustees appointed by or under such mortgage deed or deeds and in accordance with the provisions thereof. 1911-12, c. 15, s. 6. Rights of bondholders on default by company 65. If the company makes default in paying the principal of or interest on any of such securities at the time when such principal or interest by the terms of the security becomes due and payable then at the next annual general meeting of the company and at all subsequent meetings all holders of such securities so being and remaining in default shall in respect thereof have and possess the same right's, privileges and qualifi- cations for being elected directors and for voting at general meetings as would attach to them as shareholders if they had fully paid up shares in the company to a corresponding amount. Transfer of bonds 66. All such securities may be made payable to bearer and shall in that case be transferable by delivery until registration thereof as hereinbefore provided and while so registered they shall be transferable by written transfers registered" in the same manner as in the case of the transfer of shares. Power to borrow money by overdraft, etc. No seal necessary Notes not to be payable to bearer 67. The company may for the purpose of the undertaking borrow money by overdraft or upon promissory note, ware- house receipt, bill of exchange or otherwise upon the credit of the company and become party to promissory notes and bills of exchange; and every such note or bill made, drawn, accepted or endorsed by the president or vice-president of the company or other officer authorized by the by-laws of the company and countersigned by the secretary of the company shall be binding on the company; . and every such note or bill of exchange so made, drawn, accepted or endorsed shall be presumed to have been made, drawn, accepted or endorsed with proper authority until the contrary is shown; and in no case shall it be necessary to have the seal of the company affixed to such promissory note or bill of exchange, nor shall the president or vice-president or secretary or other officer of the company so authorized be individually responsible for the same unless such promissory note or bill of exchange has been issued without proper authority but nothing in this section shall be construed to authorize the company to issue any note or bill payable to bearer or intended to be circulated as money or as the note or bill of a bank. 308 RAILWAYS Cap. 8 1907 68. If the railway authorized by the special Act to be con- Time for stnicted is of a length not greater than thirty miles the company °°°**''"°"°° shall construct and put the same in operation within two years from the date of its incorporation; if however such railway is of greater length than thirty miles the company shall in addition to thirty miles which it is hereby required to construct and put in operation within two years from its date of incorporation construct and put in operation at least thirty miles during each year immediately following the expiration of the said two years and shall complete the whole railway within five years from the date of incorporation and should the company fail to comply penalty with the provisions of this section then the power granted by the special Act or by this Act shall cease and be null and void as respects so much of the railway as then remains uncompleted. THE POWBBS OP THE COMPANY. 69. The company may for the purpose of the undertaking Powers of subject to the provisions in this Act and the special Act contained — * * company (a) Enter into and upon lands of His Majesty the property Enter upon of the province as well as the lands of any person or'*""^ corporation whomsoever lying in the intended route or line of the railway and make surveys, examinations or other necessary arrangements on such lands for fixing the site of the railway and set out and ascertain such parts of the lands as are necessary and proper for the railway but the company shall before entering into or upon any lands of His Majesty the property of the province first obtain license or consent so tOor'roSent do from the Lieutenant Governor in Council and with °^™^*"'y' such license or consent may take and appropriate but not alienate such of the said lands as may be necessary for the railway; nothing herein contained is to be construed as authorizing the company to enter into or upon any lands vested in the Crown and administered by the Government of Canada for the purposes ofj°°3^""™ Canada; (6) Receive, hold and take all voluntary grants and donations to receive of land or other property or any bonus of money or sr^ts of land debenture or other benefit of any sort made to it to aid in the construction, maintenance, accommodation and use of the railway; but the same shall be held or used for the purpose of such grants or donations only; (c) Purchase, hold and take of and from any corporation Purchase land or person any land or other property necessary for the construction, maintenance, accommodation and use of the railway and also to alienate, sell or dispose of any lands or property of the company which for any reason have become not necessary for the purposes of the railway; (d) Make, carry or place the railway across or upon the carry raUway lands of any person on the located line of the railway ;*°''°^ '*""*= (e) Subject to the provisions hereinafter contained to cross, intersect, join and unite the railway with any other ^Th^other*'' railway at any point on its route and upon the lands ™'™y 309 1907 Cap. 8 RAILWAYS "Conatruct -and operate railways Motive power Construct buildings, "equipment, etc. ■ Construct branch lines Transport passengers, -etc. Remove trees Construct Embankments, -etc. - Construct and acquire telegraph Jines, etc. Alter and ■ substitute other works Do other necessary acts of the owners of or used in connection with such other railway, with the necessary conveniences for the purposes of such connection; and the owners of both railways may unite in forming such intersection and grant the facilities therefor; (f) Make, complete, operate, alter and maintain the rail^ way with one or more sets of rails or tracks to be worked by the force and power of steam, electricity or of the atmosphere or by mechanical power or any combination of them; (g) Construct, erect and maintain all necessary and con- venient roads, buildings, stations, depots, wharves, docks, elevators and other structures and construct, purchase, and acquire stationary and locomotive engines, rolling stock and other apparatus necessary for the accommodation and use of the trafGc and business of the railway; (h) Make branch railways and manage the same and for that purpose exercise all the powers, privileges aiud authority necessary therefor in as fiill and ample a manner as for the railway; (i) Take, transport, carry and convey persons and goods on the railway and regulate the time and manner in which the same shall be transported and the tolls to be charged therefor; (j) Fell or remove any tree on either side of the right of way of the railway which are liable to fall across the railway track; (fc) Make or construct in, upon, across, under or over, any railway, tramway, river, stream, watercourse, canal or highway which it intersects or touches, temporary or permanent inclined plains, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings and fences; (0 Construct and acquire electric telegraph and telephone lines for the purposes of its undertaking; (m) From time to time alter, repair or discontinue the before- mentioned works or any of them and substitute others in their stead; (n) Do aU other acts necessary for the construction, main- tenance and operation of the railway. ' Compensation -for damages 70. The company shall in the exercise of the powers by this or the special Act granted do as little damage as possible and shall make full compensation in the manner herein and in the special Act provided to all parties interested for all damage by them sustained by reason of the exercise of such powers. CONSTRUCTION OP THE RAILWAY. Kirauge 71. The tracks of every railway, the construction of which shall be commenced after the coming into force of this Act, shall be of the standard gauge of four feet eight and one-half inches, unless the Minister upon the application of the railway company about to commence construction as aforesaid shall otherwise order. 310 RAILWAYS Cap. 8 190T LOCATION OF LINE. 73. The company shall prepare a map showing the general '^^p location of the proposed line of the railway, the termini and the principal towns and places through which the railway is to pass, giving the names thereof, the railways and navigable streams (if any) to be crossed by the railway and such as may be within a radius of thirty miles of the proposed railway and generally the physical features of the country through which the railway is to be constructed and shall give such further or other information as the Minister may require. (2) Such map shall be submitted to the Minister and prepared ^pp^«^*'°^ upon a scale of not Itess than six miles to the inch or upon such of map other appropriate scale as the Minister may determine and shall be accompanied by an application stating the special Act author- izing the construction of such railway and requesting the Minister's approval of the general location as shown on the said map. (3) Before approving such map and location the Minister -^^pp'"™' may subject to the special Act make such changes and alterations therein as he may deem expedient and upon being satisfied there- with shall signify his approval upon the map and when so approved the map and application shall be filed in the office of the Minister of Railways and Telephones and no change or alteration from the general location of the line of the railway as approved by the Minister shall be allowed unless such change or alteration has been first approved by the Minister. The Minister in approv- ing any such map and location may approve the whole or any portion thereof, and when he approves only a portion thereof, he shall signify his approval upon the map accordingly. 1909, c. 5, s. 11 (2); 1911-12, c. 10, s. 6. (4) The foregoing provisions of this section shall only apply AppUcation to the main hne and to branch lines over six miles in length. °* """"^'^^ (5) Upon compliance with the preceding provisions of this i"'*"; P'g^ section the company shall make a plan, profile and book of reference rSerence of the railway; the plan shall show the right of way with lengths pi^n of sections in miles, the names of the terminal points, the station grounds, the property liues, owners' names, the areas and length and width of laaids proposed to be taken in figures (every change of width being given) and the bearings, also all open drains, watercourses, highways and railways proposed to be crossed or affected; the profile shall show the grades, curves, highway Proffle and railway crossings, open drains and watercourses; the book of reference shall describe the portion of land proposed to be taken in each quarter section to be traversed giving numbers Book of of the quater sections and- the area, length and width of the'*^^™""^ portion thereof proposed to be taken, and names of owners and occupiers so far as they can be ascertained; the Minister may require any additional information for the proper understanding of the plan and prbfile. (6) The plan, profile and book of reference may be of a section May be of or sections of the railway. Sw 73. Such plan, profile and book of reference shall be submitted Sanction to the Minister, who if satisfied therewith may sanction ^^g *>y ^^^^te^ same and by such sanction shall be deemed to have approved merely the location of the railway and the grades and curves 311 1907 Cap. 8 RAILWAYS Minister may require plan, etc., of whole railway thereof as shown in such plan, profile and book of reference, but not to have relieved the company from otherwise complying with this Act. (2) Before sanctioning any plan, profile or book of reference of a section of the railway the Minister may require the company to submit the plan, profile and book of reference of the whole or any portion of the remainder of the railway or such further or other information as the Minister may deem expedient. Slm^etf ^** "^^^ plan, profile and book of reference when so sanctioned shall be deposited in the. office of the Minister of Railways and Telephones, and each plan shall be numbered consecutively in order of deposit; and the company shall also deposit copies thereof or of such parts thereof as relate to each land registration district through which the railway is to pass duly certified as copies by the Minister in the office of the registrar for such land registration districts respectively. 1909, c. 5, s. 11; 1911-12, c. 10, s. 6. Certain errors not to affect construction Correction of errors in plans, etc. Duties of registrars with respect to plans, etc 75. The railway may be made, carried or placed across or upon the lands of any person on the located line although the name of such person has not been entered in the book of reference through error or any other cause or although some other person is erroneously mentioned as the owner of or entitled to convey or as interested in such lands. (2) Where any omission, misstatement or error is made in any plan, profile or book of reference so registered the company may apply to the Minister for a certificate to correct the same; the Minister may in his discretion require notice to be given to parties interested and if it appears to the Minister that such omission, misstatement or error arose from mistake may grant a certificate setting forth the nature of the omission, misstatement or error and the correction allowed, and upon deposit of such certfficate with the Minister and of copies thereof certified as such by the Minister with the registrar of the land registration district or districts respectively in which such lands are situate, the plan, profile or book of reference shall be taken to be corrected in accordance therewith and the company may thereupon siibject to this Act construct the railway in accordance with such correction. 76. Every registrar shall receive and preserve in his office all plans, profiles, books of reference, certified copies thereof and other documents required by this Act to be deposited with him and shall endorse thereon the day, hour and minute when the same were so deposited; and all persons may resort to the same and may make extracts therefrom and copies thereof if occasion requires paying the registrar therefor at the rate of ten cents for each hundred words so copied .or extracted and fifty cents for each copy made of any plan or profile; the registrar shall at the request of any person certify copies of any such plan, profile, book of reference or document so deposited in his office or of such portions thereof as may be required on being paid therefor at the rate of ten cents for each hundred words copied and such additional sum for any copy of plan or profile furnished by him as is reasonable and customary in Uke cases together with fifty cents for each certificate given by him. 312 RAILWAYS Cap. 8 1907 (2) Such certificate of the registrar shall set forth that the what plan, profile or document a copy of which or any portion of which ol regbtrar is certified by him is deposited in his office and state the time™™*^'**^ when it was so deposited and that he has carefully compared the copy certified with the document on file and that the same is a true copy of such original; and such certified copy shall in all courts be evidence that such original document was so deposited at the time stated and certified and shall be 'prima facie proof of the original so deposited and that the same was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the same purports to be signed, certified, attested or executed as shown or appearing by such certified copy and in the case of a plan that such plan is prepared according to a scale and in manner and form sanctioned by the Minister. 77. A plan and profile of the completed railway or of as much ^^'*^|°^ thereof as is completed and in operation and of the land taken complete Hne or obtained for the use thereof shall within six months after completion of the undertaking or within such extended or renewed period as the Minister at any time directs be made and filed with the Minister and plans of the parts thereof located in the different land registration districts prepared on such a scale and in such manner and form and signed or authenticated in such manner as may from time to time be designated by the Minister shall be filed in the oflBces of the land registration districts in which such parts are respectively situated; and every company which neglects or fails to file such plans and profiles with the Minister or to file such plans in such registry offices as herein- before provided shall be liable to a penalty of two hundred dollars and a like penalty for each and every mpnth during which such failure or neglect continues. 78. All plans and profiles required by law to be deposited General by the company as hereinbefore provided shall be drawn onP^"^^!^ such scale with such detail upon such materials and of such plans, etc. character as the Minister may either by general regulation or in any case require or sanction and shall be certified and signed by the president or vice-president or general manager and also by the chief engineer of the company; and any book of reference required to be so deposited shall be prepared to 'the satisfaction of the Minister, and unless and until such plan, profile and book of reference are so made satisfactory to the Minister he may refuse to sanction the same or to allow the same to be deposited with him within the meaning of this Act, (2) In addition to such plans, profiles and books of reference Further pUns the company shall with all reasonable expedition prepare and^q^^*^' deposit with the Minister any other or fm-ther plans, profiles or books of reference of any portion of the railway or of any siding, station or works thereof which the Minister may from time to time order or require. 79. If any deviation, change or alteration is required by Deviations, the company to be made in the railway or any portion thereof "fj^f^^"^' as already constructed or as merely located and sanctioned as aforesaid a plan, profile and book of reference of the portion of such railway proposed to be changed showing the deviation, ^ 313 1907 Cap. 8 KAILWAYS When ■deviations -allowed change or alteration proposed to be made shall in like manner as provided in section 73 hereof be submitted for the approval of and may be sanctioned by the Minister; and the same when so sanctioned shall be deposited and dealt with as provided in section 74 hereof and the company may thereupon make such deviation, change or alteration and all the provisions of this Act shall apply to the portion of such line of railway so at any time changed or proposed to be changed as to the original line. (2) The Minister may either by general regulation or in any particular case exempt the company from submitting the plan, profile and book of reference as in this section provided where such deviation, change or alteration is made or to be made for the purpose of lessening a curve, reducing a gradient or other- wise benefiting the railway or for any other purpose of pubUc advantage as may seem to the Minister expedient providing such deviation, change or alteration does not exceed three hundred feet from the centre line of the railway located or constructed in accordance with the plans, profiles and books of reference deposited with the Minister under this Act; but nothing in this section shall be taken to authorize any extention of the railway beyond the terminal mentioned in the special Act. b^°oSiSimoed ^®" '^^^ Company shall not commence the construction of untu. certain the railway or any portion or section thereof until the provisions «o^ii^with of sections 73 and 74 of this Act are fully complied with and shall not make any change, alteration or deviation in the railway or any portion thereof until the provisions of the last preceding section are fully complied with. Company not to obstruct ■access to any mine 80a. No company shall, without the authority of the Minister, localje the line of its proposed railway or construct the same, or any portion thereof, so as to obstruct or interfere with or_ injuriously affect the working of or access to any mine then open or for the opening of which preparations are at the time of such location' being lawfully and openly made. 1911-12, c. 15, s. 6. 4"^^*!;™ 80&. No owner, lessee or occupier of any such mines or minerals -to work mines lying Under the railway or any of the works connected therewith ua er railway ^j, ^^JjIq forty yards therefrom shall work the same until leave therefor has been obtained from the Minister; and upon any application to the Minister for leave to work any such mines or minerals the applicant shall submit a plan and profile of the portion of the railway to be affected thereby and of the mining works or plant affecting the railway proposed to be constructed or operated, giving all reasonable and necessary information and details as to the extent and character of the same: The Minister may grant such application upon such terms and con- ditions for the protection and safety of the public as to the Minister seems expedient and may order that such other works be executed or raeasures taken as under the circumstances appear to the Minister best adapted to remove or dimmish the danger arising or likely to arise from such mining operations. 1911-12, c. 15, s. 6. noTentitJed ^Oc, The Company shall not, unless the same have been ex- -to minerals pressly puTchased, be entitled to any mines, ores, metals, coal, 314 BAiLWATS Cap. 8 1907 slate, mineral oils, or other minerals in or under any lands pur- chased by it or taken by it under any compulsory powers given it by this Act, except only such parts thereof as are necessary to be dug, carried away or used in the cfonstruction of the works, and all such mines and minerals except as aforesaid shall be deemed to be excepted from the conveyance of such lands unless they are expressly named therein and conveyed thereby. 1011-12, c. 15, s. 6. TAKING OE USING LANDS. 81. No company shall take possession of, use or occupy any as to lands •lands vested in His Majesty in the right of the province with-^^^^j^^^ out the consent of the Lieutenant Governor in Coimcil but withnghtofthe such consent any such company may upon such terms as the"""""^ Lieutenant Governor in Council prescribes take and appropriate for the use of the railway but not alienate so much of the said lands lying along the route of the railway as have not been granted or sold as is necessary for such railway and whenever any such lands are vested in His Majesty in the right of the province for any special purpose or subject to any trust the compensation money which the company pays therefor shall be held and appUed by the Lieutenant Governor in Council for the like purpose or trust. 83. The company may take possesion of, use or occupy any Lands of other lands belonging to any other railway company, use and enjoy °°"''°''"°* the whole or any portion of the right-of-way, tracks, terminals, stations or station grounds of any other railway company and have and exercise full right and powers to run and operate its trains over and upon any portion or portions of the railway of any other railway company, subject always to the approval of the Lieutenant Governor in Council first obtained or to any order or direction which the Lieutenant Governor in Coimcil may make in regard to the exercise, enjoyment or restriction of such powers or privileges. (2) Such approval may be given upon application and notice Powers of and after hearing the Lieutenant Governor in Council mayoovwM^in make such order, give such directions and impose such conditions ^ ""u^on or duties upon either party as to the said Lieutenant Governor in Council may appear just or desirable having due regard for the pubUc and all proper interests and all provisions of the law at any time applicable to the taking of land and their valuation and the compensation therefor and appeals from awards thereon shall apply to such lands and in cases under this section where it becomes necessary for the company to obtain the approval of The Board of Railway Commissioners for Canada it shall do so in addition to otherwise complying with this section. (3) The provisions of this section shall extend and apply to the lands of every railway company or person having authority to construct or operate a railway otherwise than under the legis- lative authority of the Province of Alberta in so far as the taMng of such lands does not unreasonably interfere with the construction and operation of the railway or railways constructed and operated or being constructed and operated- by virtue of or imder such other legislative authority. 1911-12, c. 15, s. 7. 315 1907 Cap. 8 RAILWAYS LANDS AND THEIR VALUATION. u.n*(S'to°be ^^- "^^^ lands which may be taken without the consent of taken without the owncr thereof for the right-of-way shall not exceed one hundred o™" * °' feet in breadth except in places where the rail level is or is proposed to be raised more than five feet higher or cut more than five feet deeper than the surface of the adjacent lands when such additional width may be taken as shall suffice to accoramodate the slope and side ditdhes. (2) For stations, depots and yards with the freight sheds warehouses, wharfs, elevators and other structures for the accom- modation of traffic incidental thereto shall not exceed one mile in length by five hundred feet in breadth including the width of the right-of-way. For stations, etc. Proceedings for obtaining extra land for certain purposes 84. Whenever any company, requires at any place on the line of its railway more ample space for the convenient accom- modation .of the. public or of the traffic on the railway or for the protection against snowdrifts or for the diversion of a high- way or for the substitution of one highway for another or for the construction or taking of any works or measurers ordered by the minister under any of the provisions of this Act or the special Act or to secure the efficient construction, maintenance or operation of the railway, than it then possesses or can take without the consent of the owners thereof the company may cause a map or plan and book of reference to be made of the additional lands required at such place for the purposes aforesaid. th^^M^stor'" 85. The company may transmit the map or plan and the book of reference to the Minister with an application on behalf of the coinpany supported by affidavit referring to such map or plan and book of reference and stating that certain lands shown therein are necessary for such purposes and that no other land suitable for such piu'poses can be acquired at such place on reasonable terms and with less injury to private rights and requesting the Minister to authorize the taking thereof for such purposes under this chapter. Notice to owner and certificate to be transmitted to Minister 86. At least ten days' notice of such application shall be given to the owner or possessor of such property; and the correct- ness of the map or plan and book of reference and the truth of the allegations in such application shall be certified by the president or one of the directors of the company or by its general manager and by its engineer and such map or plan and book of reference and statement shall be made and transmitted to the Minister in duplicate. m^^fnt ^'^- The Minister shall inquire into the correctness of the the appUoation map Or plan and book of reference and the truth of the allegations a ter inquiry ^j ^^^-^ application and if he is satisfied thereof shall grant a certificate to that effect and declaring it to be necessary in the public interest that the land shown on such map or plan and book of reference or any less quantity should be acquired by the company; and such certificate shall be annexed to one of the duplicates of the said map or plan and book of reference and statement and the other duplicate shall remain in the office of the Minister. 316 KAiLWAYS Cap. 8 1907 88. A copy of the duplicate of such map or plan and bookDepoBit of reference and statement and of such certificate shall be deposited pi^^eu. in each of the land titles oflSces of the land registration districts respectively in which the lands lie. 89. Upon the granting of such certificate and by virtue thereof ^^"J'^^J^^fj^^y the company may without the consent of the owners take theonthef^anfang land shown on such map or plan and book of reference as required °^ °°'^*' °*** for such purpose; and the company and all persons who could not otherwise convey the same to the company shall have with respect to any such land all the powers granted by this Act to companies and persons who could not otherwise convey the same with respect to lands which may be taken without the consent of the owners thereof; and all the provisions of law at any time applicable to the taking of land by the company and its valuation and the compensation therefor shall apply to the lands mentioned in such certificate. 90. The company either for the purpose of constructing or Lands may repairing its railway or for the purpose of carrying out the comte,!Jrtta/" requirements of the Lieutenant Governor in Council or in the°^j[^p»™* exercise of the powers conferred upon it by the Lieutenant Governor in Council may enter upon any land which is not more than two hundred yards distant from the centre of the located line of the railway and may occupy the said land as long as neces- sary for the purposes aforesaid; and all the provisions of law at any time applicable to the taking of land by the company and its valuation and the compensation therefor shall apply to the case of any land so required; but before entering upon any land for the purposes aforesaid the company shall in case the consent of the owner is not obtained pay into the office of the clerk of the court for the judicial district in which the lands are situated such sum with interest thereon for six months as is after two" clear days' notice to the owner of the land or to the person empowered to convey the same or interested therein fixed by a judge. 91. Whenever stone, gravel, earth, ^water or sand is required i'°wer to take for the construction or maintenance of any railway or any part MuSction^ thereof the company may if it cannot agree with the owner of the land on which the same are situated for the purchase thereof cause a land surveyor (duly licensed to act as such in the proyince) or an engineer to make a map and description of the property so required and it shall serve a copy thereof with its notice of arbitration as in the case of acquiring the roadway and all the provisions of this Act respecting expropriation of lands shall apply to the subject matter of this section and to the obtaining of materials as aforesaid; and such proceedings may be had by the company either for the right to the fee simple in the land from which the material is taken or for the right to take material fol- any time it thinks necessary; and the notice of arbitration if arbitration is resorted to shall state the interest and powers required. (2) Whenever any stone, gravelj earth, water or sand is sopowerto taken at a distance from the line of the railway the company ^^^^°^' may lay down the necessary sidings, water pipes or conduits 317 1907 Cap. 8 RAILWAYS and tracks over or through any lands intervening between the railway and the land on which such material or water is found whatever is the distance; and all the provisions of this Act except such as relate to the filing of plans and publication of notice shall apply and the powers thereby granted may be used and exercised to obtain the right-of-way from the railway to the land on which such materials are situated; and such right may be acquired for a term of years or permanently as the company thinks proper and the powers in this and the next preceding section contained may at all times be exercised and used in all respects after the railway is constructed for the purpose of repair- ing and maintaining the railway'. Erection of saow fences And removal thereof 93. pvery company may on and after the first day of November in each year enter into and upon any lands of His Majesty the property of the province or into and upon the lands of any person whomsoever lying along the route or line of its railway and may erect and maintain snow fences thereon subject to the payment of such land damages if any as are thereafter established in the manner provided by law with respect to such railway to have been actually suffered; but every snow fence so erected shall be removed on or before the first day of April then next following. Authority to convey Order of judge requisite 93. All tenants for life, guardians, executors, administrators and trustees and all persons whomsoever not only for and on behalf of themselves, their heirs and successors but also for and on behalf of those whom they represent whether infants, issue unborn, lunatics, idiots, femes convert or other persons seized, possessed of or interested in any lands may contract for, sell, transfer and convey such lands unto the company all or any part thereof. (2) When such persons have no right in law to sell or convey the rights of property of the said land they may obtain from a judge after due notice to the persons interested the right to sell the said land; and the said judge shall give such orders as are necessary to secure the investment of the purchase money in such a manner as he deems necessary in accordance with the law of the province to secure the interests of the owner of the said land. Effect of conveyance under preced- ing sections 94. Any contract, agreement, sale, conveyance and assurance so made hereunder shall be valid and effectual in law to all intents and purposes whatsoever and shall vest in the company receiAring the same the fee simple in the lands in such deed thereof described free and discharged from all trusts, restrictions and limitations whatsoever; and the person so conveying is hereby indemnified for what he does by virtue of or in pursuance of this Act. Responsibility as to purchase money 95. The company shall not be responsible for the disposition of any purchase money for lands taken by it for its purposes if paid to the owner of the land or into court for his benefit. Contracts made before deposit of plans 96. Any contract or agreement made by any person authorized by this Act to convey lands either before the deposit of the plan, profile and book of reference or before the setting out and ascer- taining of the lands required for the railway shall be binding 318 RAILWAYS Cap. 8 1907 at the price agreed upon for the same lands if they are after- wards so set out and ascertained within one year from the date of contract or agreement and although such land has in the mean- time become the property of a third person; and possession of the land may be taken and the agreement and price may be dealt with as if such price had been fixed by an award of arbitrators as hereinafter provided and the agreement shall be in the place of an award. 97. All persons who cannot in common course of law sell Kerf^^shaii ^ or aUenate any lands- so set out and ascertained shall agree parties cannot upon a fixed annual rent as an equivalent and not upon a principal °^" sum to be paid, for the lands atid if the amount of the rent is not fixed by agreement it shall be fixed and all proceedings shall be regulated in the manner herein prescribed. 98. Such annual rent and every other annual rent agreed ^len for^ upon or ascertained and to be paid for the purchase of any lands Sfrmt" or for any part of the purchase money of any lands which the vendor agrees to leave upaid shall be chargeable as part of the working expenditure of the railway upon the deed creating such charge and liability ,being duly registered in the land registrjy oflSce of the proper registration district. 99. After the expiration of ten days from the deposit of the Expropriation plan, profile and book of reference in the ofiice of the registrar g'^™^^*^^ of land titles and after notice thereof has been given in at least of piai one newspaper if there is any published in each of the land regis^ Notice tration districts through which the railway is intended to pass application may be made to the owners of lands or persons em-AppHoation powered to convey lands or interested in lands which may suffer *°°'™*" damage from the taking of materials or the exercise of any of the powers granted for the railway; and thereupon agreements andAgreetne^ contracts may be made with such persons touching the said lands or*"* °™ the compensation to be paid for the same or for the damages or as to the mode in which such compensation shall be ascertained as seems expedient to both parties; and in case of disagreement Disagreements between them or any of them all questions which arise between them shall be settled as hereinafter provided. 100. The deposit of a plan, profile and book of reference FjUng pia„ and the notice of such deposit shall be deemed a general notice deemed to all parties of the lands which will be required for the railway notice and works. (2) The date of such agreement or the service of such notice or the order of the judge mentioned in section 105 shall be the time with reference to which any compensation or damages are to be ascertained. 101. The notice served upon the party shall contain — (a) A description of the lands to be taken or of the powers what notice intended to be exercised with regard to any lands and""^*"™*™ describing the lands; (6) A declaration of readiness to pay some certain sum or rent as the case may be as compensation for such, lands or for such damages; 319 1907 Cap. 8 RAILWAYS (c) The name of a person to be appointed as the arbitrator of the company if their offer be not accepted. Must be accompanied by certificate 103. Such notice shall be accompanied by the certificate of a Dominion land surveyor or an engineer who is a disinterested person, which certificate shall state — (a) That the land if the notice relates to the taking of land shown on the said plan is required for the railway or is within the limit of deviation allowed by this Apt; (6) That he knows the land or the amount of damage likely to arise from the exercise of the powers; and (c) That the sum so offered is in his opinion a fair compensation for the land and damages aforesaid. (2) Where no land is taken and the company denies the owner's right to compensation a surevyor's certificate is unnecessary. (3) The notice need not be under the corporate seal of the company. (4) It, is not desirable that the company's arbitrator should be one of their own officers. Service by publication 103. If the opposite party is absent from the land registration district in which the lands lie or is unknown an application for service by advertisement may be made to a judge. Procedure on service by publication 104. The application for service by advertisement shall be accompanied by such certificate as aforesaid and by an affidavit of some officer of the company that the oposite party is so absent or that after dihgent inquiry the person on whom the notice ought to be served cannot be ascertained; and the judge shall order a notice as aforesaid but without such certificate to be inserted three times in the course of one month in a newspaper published in the judicial district in which the land is situated. Failure to accept after Bervice of notice Appointment of arbitrator Appointment of arbitrator by opposite party Third arbitrator 105. If within ten days after the service of such notice or within one month after the first publication thereof the opposite party does not give notice to the company that he accepts the sum offered by it or notify it of the name of a person whom he appoints as arbitrator, the judge shall on the application of the company appoint a competent and disinterested person to be sole arbitrator for determining the compensation to be paid as aforesaid; if the opposite party within the time aforesaid notifies the company the name of his arbitrator then the two arbitrators shall jointly appoint a third or if they cannot agree upon a third then the judge shall upon the application of the party or- of the company (previous notice of at least five clear days having been given to the other party) appoint a third arbitrator. Call of arbitrators Duties Awards 106. The arbitrators or the sole arbitrator as the case may be shall be sworn before a justice of the peace faithfully and impartially to perform the duties of their or his office; and shall proceed to ascertain such compensation in such way as they or he or a majority of them deem best; and the award of such arbitrator or of any two of them or of the sole arbitrator shall be final and conclusive except as hereinafter provided; but no such award shall be made nor any official act be done by such majority 320 RAILWAYS Cap. 8 1907 except at a meeting held at a time and place of which the other arbitrator has had at least two clear da/s' notice or to which some meeting at which the third arbitrator was present had been adjourned. lO'J. The arbitrators or arbitrator in deciding on such value increased or compensation shall take into consideration the increased J'^n^i^ng value beyond the increased value common to all lands in the'^*^jj^^| locality that will be given to any lands through or over which the railway will pass by reason of the passage of the railway through or over the same or by reason of the construction of the railway and shall set off such increased value that will attach to the said lands or grounds against the inconvenience, loss or damage that might be suffered or sustained by reason of the company taking possession of or using the said lands as aforesaid. 108. If by an award of arbitrators made under this Act the co|to where^ sum awarded exceeds the sum offered by the company the costs or is less than of the arbitration shall be borne by the company; but if other- ''°'°''*'"' ° °*^'' wise they shall be borne by the opposite party and be deducted from the compensation and in either case the amount of such costs if not agreed upon may be taxed by the judge. 109. The arbitrators or a majority of them or the sole arbitrator Arbitrators shall examine on oath or solemn aflBrmation the parties or such^Jeifra* witnesses as appear before them or him. ' under oath (2) Such arbitrators or arbitrator shall have and may exercise Powers of with respect to such arbitration the following powers: arbitrators (a) Enter upon and inspect any place, building or works being Entry the property or under the control of any company the entry or inspection of which appears to them or him requisite; (6) Inspect any works, structure, rolling stock or property inspection of the company; (_c) Require the production of all books, papers, plans, specifi- J™^°^i^ °' cations, drawings and documents relating to the matter before etc."™™ them or him; (d) Administer oaths, affirmations or declarations; Oaths (e) And shall have the like power in summoning witnesses Power in and enforcing their attendance and compelling them to give^^^es"* evidence and produce books, papers and things which they are required to produce as' is vested in any court in civil cases; any person summoned to attend before such arbitrators or arbitrator shall be entitled to receive the like fees and allowances for so doing as if summoned to attend before the court and no person shall be excused from attending or testifying or from producing ^ound^to books, papers and documents on the ground or for the reason t«8t"y that the testimony or evidence documentary or otherwise required of him may tend to criminate or subject him to any proceeding or penalty; but no evidence so given nor any document so pro- duced shall be used or receivable against such person in any criminal proceeding thereafter instituted against him other than a prosecution for perjury in giving such evidence. (3) The arbitrators shall take down in writing the evidence stenographers brought before them unless either party requires that it be taken by means of stenography in which case a stenographer shall be named by the arbitrators unless the parties agree upon one and 321 1907 Cap. 8 RAILWAYS Depositions transmitted to clerk of the court shall be sworn before the arbitrators or before any one of them before entering upon his duties; and the expense of such steno- grapher if not determined by agreement between the parties shall be taxed by the court or judge and shall in any case form part of the costs of the arbitration; and after making their award the arbitrators shall forthwith deliver or transmit by registered letter at the request of either party in writing the depositions together with the exhibits referred to therein and all papers connected with the reference except the award to the clerk of the court to be filed with the record of the said court. wMoh^wMd HO. A majority of the arbitrators at the. first meeting after is to be made their appointment or the sole arbitrator shall fix a day on or before which the award shall be made. (2) No award shall be invalidated by reason of any want of form or other technical objection if the requirements of this Act have been substantially coinplied with and if the award states clearly the siun awarded and the lands or other property, right or privilege for which such simi is to be the compensation; and the person to whom the sum is to be paid need not be named in the award. Award not to be invalidated for want of form offire^csl™ H^' If any arbitrator appointed by the judge dies before arbitrator the award has been made or is disqualified or refuses or fails to act within a reasonable time the judge upon application of either party of which application six days' notice shall be given to the opposite party and upon being satisfied by affidavit or otherwise of such death, disqualification, refusal or failure shall appoint another arbitrator in the place of such arbitrator: No re- Provided that in the case of any arbitrator named by one of prooeeSngs of the parties and appointed by the judge so dying or not acting such party may upon such application name the arbitrator who shall be appointed by the judge in the place of the arbitrator so deceased or not acting; but no recommencement or repetition of the previous proceedings shall be required in any case. Company may abandon proceedings Damages and costs in such event 113. Where the notice given improperly describes the land or materials intended to be taken or where the company decides not to take the land or materials mentioned in the notice it may abandon the notice and all proceedings thereunder but shall be liable to the person notified for all damages or costs incurred by him in consequence of such notice and abandonment, such costs to be taxed in the same manner as costs after an award; and the company may give to the same or any other person notice for other land or materials or for land or materials otherwise described notwithstanding the abandonment of the former notice. When arbitrator interested in compensation 113. The person offered or appointed as valuator or as sole arbitrator shall not be disqualified because he is professionally employed by either party or has previously expressed an opinion as to the amount' of compensation or because he is related or of kin to a,ny shareholder of the company if he is not himself personally interested in the amount of the compensation; and no cause of disqualification shall be urged against any arbitrator 322 RAILWAYS Cap. 8 1907 appointed by the judge after his appointment but the objection Time shall be made before the appointment and its validity or invalidity ob'jeotion* shall be summarily determined by the judge. 114. Whenever the award exceeds six hundred dollars any Appeal party to the arbitration may within one month after receivijig'"^"™*""^ a written notice from any one of the arbitrators or the sole arbitrator as the case may be of the making of the award appeal therefrom upon any question of law or fact to the court and upon the hearing of the appeal the court shall if the same is a question of fact, decide the same upon the evidence taken before the arbitrators as in a case of original jurisdiction. (2) Upon such appeal the practice and proceedings shall be Practice and as nearly as may be the same as upon an appeal from the decision Sn°app?5*° of an inferior court to the said court subject to any general rules or orders from time to time made by the said last mentioned court in respect to such appeals; which order's may amongst other things provide that any such appeal may be heard and determined by a single judge. (3) The right of appeal hereby given shall not affect the existing other remedies law or practice in the province as to setting aside awards. not affected 115. Upon payment of legal tender of the compensation or when . annual rent so awarded or agreed upon to the person entitled ^"ay^eteken to receive the same or upon payment into court of the amoxint ^y company of such compensation in the manner hereinafter mentioned the award or agreement shall vest in the company the power forth- with to take possession of the lands or to exercise the right or to do the thing for which such compensation or annual rent has been awarded or agreed upon; and if any resistance or forcible where forcible opposition is made by any person to its so doing the judge shall r^aistanro on proof to his satisfaction of such award or agreement issue '^° " his warrant to the sheriff of the judicial district or to a bailiff as he deems most suitable to put down such resistance or opposition and to put the company in possession; and the sheriff or bailiff shall take with him sufficient assistance for such purpose and shall put down such resistance or opposition and put the company in possession. 116. Such warrant shall also be granted by the judge without j^^^*^,*™ such award or agreement on affidavit to his satisfaction thatp^MMsionin the immediate possession of the lands or of the jpower to do the""*^""" thing mentioned in the notice is necessary to carry on some part of the railway with which the company is ready forthwith to proceed. 117. Thie judge shall not grant any warrant under the next Procedure upon preceding section unless ten days' previous notice of the time ^S?h w^^t" and place when and where the application for such warrant is to be made has been served upon the owner of the land or the person empowered to convey the land or interested in the land sought to be taken or which may suffer damage from the taking of materials sought to be taken or the exercise of the powers sought to be exercised or the doing of the thing sought to be done by the company; and unless the company gives security Payment to his satisfaction by payment into court of a sum in his estimation iomp°e^tUn 323 1907 Cap. 8 RAILWAYS suflEicient to cover the probable compensation and costs of the arbitration and not less than fifty per cent, above the amount mentioned in the notice served under section 101 of this Act. Costs of application Payment 118. The costs of any such application to and of any such hearing before the judge shall be borne by the company unless the compensation awarded is not more than the company had offered to pay; and no part of such money so paid into court or of any interest thereon shall be repaid or paid to such company or paid to such owner or party without an order from the judge which he may make in accordance with the terms of the award. Compensation to stand in filace of the and Encumbrances Payment of compensation into court in certain cases Notice of payment into court Effect of adjudication Costs Interest 119. The compensation for any lands which may be taken without the consent of the owner shall stand in the stead of siich lands and any claim to or encumbrance upon the said lands or any portion thereof shall as against the company be converted into a claim to the compensation or to like proportion thereof; and the company shall be responsible accordingly whenever it has paid such compensation or any part thereof to a person not entitled to receive the same saving always its recourse against such person. 130. If the company has reason to fear any claim, mortgage, hypotheque or encumbrance or if anj' person to whom the com- pensation or annual rent or any part thereof is payable refuses to execute the proper conveyances and guarantee or if the person entitled to claim the same cannot be found or is unknown to the company or if for any other reason the company deems it advis- able the company may pay such compensation into court with the interest thereon for six months and may deliver to the clerk of such court an authentic copy of the conveyance or of the award or agreement if there is no conveyance; and such con- veyance or award or agreement shall thereafter be deemed to be the title of the company to the land therein mentioned. (2) A notice of such payment and delivery in such form and for such time as the court appoints shall be inserted three times within a month in a newspaper if there is any published in the judicial district in which the lands are situated which notice shall state that the title of the company (that is, the conveyance, agreement or award) is under this Act and shall call upon all persons claiming an interest in or entitled to the lands or any part thereof to file their claims to the compensation or any part thereof. (3) All such claims filed shall be received and adjudicated upon by the court and the adjudication thereon shall forever bar all claims to the land or any part thereof including any dower, mortgage, hypotheque or encumbrance upon the same and the court shall make such order for the distribution, payment or investment of the compensation and for the security of the rights of all persons interested as to right and justice and to law appertains. (4) The costs of the proceedings in whole or in part including the proper allowances to witnesses shall be paid by the company or by any other person as the court orders and if the order for distribution, payment or investment is obtained in less than six months from the payment of the compensation into court the court shall direct a proportionate part of the interest to 324 BAiLWAYS Cap. 8 1907 be returned to the company and if from any error, fault or neglect of the company it is not obtained until after six months have expired the court shall order the company to pay into court as part of the compensation the interest for such period further as is right. BRANCH LINES. 131. The company may for the pturpose of its undertaking Power to construct, maintain and operate branch hnes not exceeding b^^ch'fhies in any one case six miles in length from the main line of the rail- way or from any branch thereof; before commencing to construct any such branch line the company shall obtain the authority of the Minister and comply with the following provisions: (2) The company shall make a plan, profile and book of reference Deposit showing the proposed location of the branch line and conforming "^^pf*^.^^^^ to the requirements of section 72 hereof and shall deposit the same or such parts thereof as relate to each land registration district through which the branch line is to pass in the land registry offices for such districts respectively. . (3) Upon such deposit the company shall give four weeks' Notice of^^ public notice of its intention to aplply to the Minister under to ^tiiSster this section in some newspaper published within twenty miles from any point on the said branch line: Provided that the Minister may dispense with or shorten the time of such notice in any case in which he deems it proper. (4) After the expiration of the notice the company shall submit ^"■"jg.'^Vf ^^ to the Minister upon such application a duplicate of the plan, ^^"°* '"" profile and book of reference so deposited; the Minister if satisfied that the branch line is necessary in the public interest or -for the piupose of giving increased facilities to business and if satisfied with the location of such branch fine and the grades and curves as shown on such plan, profile and book of reference may in writing authorize the construction of the branch line in accordance with such plan, profile and book of referenc.6 or subject to such changes in location, grades and curves as the Minister may direct and such authority shall limit the time not exceeding two years within Limit of which the company shall construct and complete such branch *^J^t^^„tio„ line. (6) There shall be deposited with the Minister the authority Desposit of and the dupUcate of such plan, profile and book of reference f^^°jjy^*^ together with such papers and plans as are necessary to show offices and explain any changes directed by the Minister under the provisions of subsection 4 of this section; the company shall deposit in the land registry offices mentioned in subsection 2 of this section copies certified as such by the Minister of the authority and of the papers and plans showing the changes directed by him. (6) Upon compliance with this section all the provisions except Appnoatjon section 73 and 74 of this Act shall apply to the branch line so"*^"* authorized and to the lands to be taken for such branch line. (7) No branch line shall be extended under the provisions No extension of this section nor shall any branch line be constructed so as'^*'^'"'*^ to form in effect an extention of the railway beyond the termini mentioned in the special Act. 325 1907 Cap. 8 KAILWAYS RAILWAY CBOSSINGS AND JUNCTIONS. CrosBing Bubject to approval of Lieutenant Governor in Council Crossings bjr street railways, eto. 133. The railway of any company shall not be crossed, inter- sected, joined or united by or with any other railway nor shall any railway be intersected or crossed by any street railway, electric railway or tramway unless the place and mode of the proposed crossing, intersection, union or junction are first approved by the Lieutenant Governor in Council on application therefor of which application ten clear days' notice in writing shall be given by the person or company desiring the approval) such notice to be sent by mail addressed to the president, general manager, managing director, secretary or superintendent of the company whose railway is to be so crossed, intersected, joined or united; and in the case of crossing by street railways, electric railways or tramways respectively the Lieutenant Governor, in Council shall have the same powers in all respects as to the pro- tection of such crossing and otherwise as are given the Lieutenant Governor in Council by this Act in regard to one I'ailway crossing another. GovranOT* 133. The Lieutenant Governor in Council may make such ma?°^5^ orders and give such directions respecting the proposed cross- reguiations iug, intersection, junction or union and the works to be executed and measures to be taken by the respective companies as to him appear necessary or expedient to secure the public safety. a^y^tSmay ^^^' "^^^ Lieutenant Governor in Coimcil may on the appli- be ordered to catiou of any Company whose railway at rail level crosses or is e opted crossed by the railway of another company direct such companies to adopt and put in use at such crossing within a reasonable tiifie to be fixed by the Lieutenant Governor in Coimcil such an interlocking switch, derailing device, signal system, equips ments, appliances and materials as in the opinion of the said Lieutenant Governor in Council renders it safe to permit engines and\ trains to pass over such crossing without being brought to a stop. Proportion of expenses to be paid by each company 135. The companies may agree with each other as to the compensation to be paid by one to the other in respect of any crossing, intersection, junction or union or the proportion to be borne by each of the costs of executing any work or takmg any measure or the carrying out of any order of the Lieutenant Governor in Council; but if they fail so to agree the amount of such compensation or the proportion of such costs so to be borne by each shall be determined by the Lieutenant Governor in Council. 136. In all cases under the last four preceding sections if it is necessary for the company to obtain the approval of The Board of Railway Commissioners for Canada it shall do so in addition to otherwise complying with the terms of the said sections. Navigation not to be obstructed NAVIGATION, BRIDGES, ETC. 137. No company shall cause any obstruction in or impede the free navigation of any river, water, stream or canal to, upon, along; over, under, through or across which its railway is carried. 326 BAJLWAYS Cap. 8 1907 138. No company shall run its trains over any canal or over Bridges to any navigable water without having first laid and without main-floo?^'"^''' taining such proper flooring under and on both sides of its rail- way track over such canal or water as is deemed by the Minister sufficient to prevent anything falling from the railway into such canal or water or- upon the boats, vessels, craft or persons navigating such canal or water. ' 139. No company shall construct any wharf, bridge, pier Plan of or other work upon or over any navigable river or lake or upon to bf approved the beach or bed or lands covered with the waters thereof until .it has first submitted the plan and proposed site of such work to the Minister andthe same has been approved and no deviation fronrsuch approved site or plan shall be made without the consent of the Minister. 130. The Minister may authorize or require any company Substitution to construct fixed and permanent bridges or swing, draw or moveable bridgl fS" °' bridges or to substitute any of such bridges for existing bridges a^o'i^er on the line of its railway within such time as the Minister directs; and for every day after the period so fixed during which the company fails to comply with the directions of the Minister it shall forfeit and pay to His Majesty the sum of two hundred dollars; and no company shall substitute any swing, draw or moveable bridge for any fixed or permanent bridge without the previous consent of the Minister. HIGHWAY CROSSING. 131. The railway may be carried upon, along or across an Railway on ejdsting highway upon leave therefor having been first obtained '"^''"*^ from the Lieutenant Governor in Council as hereinafter provided; but the Lieutenant Governor in Council shall not grant leave toany company to carry any street railway or tramway or any railway operated or to be operated as a street railway or tramway along any highway which is within the limits of any city or mcorporated town until the company has first obtained consent cg^gg^^^j therefor by by-law of the municipal authority of such city or municipality incorporated town. (2) No obstruction of such highway with the works shall be no obstruction made without turning the highway so as to leave an open and"^"""^'* good passage for carriages and on completion of the works restoring the highway to a good condition as nearly as possible as it was of'^hiEhwlT originally. (3) Every company which violates the provisions of this Penalty section shall incur a penalty of not less than forty dollars for each such violation. 133. Whenever the railway crosses any highway at rail level Vanatiop of whether the level of the highway remains undisturbed or is raised iaii^ndTeyeis or_ lowered to conform to the grade of the railway the top of the^^^'^^j^jy rail may when the works are completed rise above or sinJc below the level of the highway to the extent of one inch without being deemed an obstruction unless otherwise directed by the Lieutenant ttovernor in Council. 327 1907 Cap. 8 RAILWAYS Council in such cases pianof 133. Upon any application for leave to construct the rail- Sghwa|s°to be Way upon, along or across an existing highway or to construct submitted ^ Mghway across an existing railway, the applicaiit shall submit a plan and profile of such crossing showing the portion of high- way or railway affected to the Lieutenant Governor in Council; Efeutenait''^ the Lieutenant Governor in Council may by order grant such Governor in application upon such terms and conditions as to protection, safety and convenience of the public as he may deem expedient or may order that the highway be carried over or under the railway or be temporarily or permanently diverted and that such works be executed, watchmen or other persons employed or measures taken as under the circxunstances appear to the Minister best adapted to remove or diminish the danger or obstruction arising or likely to arise therefrom. (2) When the Lieutenant Governor in Council orders that the highway be carried over or under the railway or any works to be executed the Minister may direct that the detailed plans, profiles, drawings and specifications of all necessary structures shall before construction be submitted to and approved by him; the Minister may make regulations respecting the plans, profiles, drawings and specifications required to be submitted under this section. Detail to be approved by the Minister Height of bridge 134. The highway at any overhead railway crossing shall not at any time be narrowed by means of any abutment or structure to an extent of less than twenty feet nor shall the clear headway from the surface of the highway to the centre of any overhead structure constructed after the passing of this Act be less than fourteen feet unless otherwise directed or permitted by the Minister. ^°*b"°sSdy ^^^- Every structure by which any highway is carried over constructed and or uudcr any railway shall be so constructed and at all times maintained ^^ ^^ maintained as to afford safe and adequate facilities for all traffic passing over, under or through such structure. Inclination of highway 136. The inclination of the ascent or decent as the case may be of any approach by which any highway is carried over or under any railway or across it at rail level shall not be greater than one foot of rise or fall for every twenty feet of the horizontal length of such approach unless the Minister directs otherwise; and a good and sufficieijt fence shall be made on each side of such approach and of the structure connected with it which fence shall be at least four feet six inches in height from the surface of the approach or structure. Signboards at level crossings Penalty 137. Signboards at every highway crossed at rail level by any railway shall be erected and maintained at each crossing and shall have the words "railway crossing" painted on each side of the signboard in letters at least six inches in length and every company which neglects to comply with the requirements of this section shall incur a penalty not exceeding forty dollars. FABM CROSSING. Farm crossings 138. Every Company shall make crossings for persons across who^e lands the railway is carried convenient and proper 328 KAiLWAYS Cap. 8 1907 for crossing the railway for farm purposes but such crossings shall not be less than sixteen feet in width; in crossing with live stock the same shall be in charge of some competent person who shall use all reasonable care and precaution to avoid accidents. (2) The Minister may upon the apphcation of any land owner Necessary order the company to provide and construct a suitable f arm be''or'|e?e?*'' crossing across the railway wherever in any case the Minister t'y **''"«*«'' d^ems it necessary for the proper enjoyment of the owner's land on either side of the railway and safe in the piiblic interest; and may order and direct how, when, where, by whom and upon what terms and conditions such farm crossing shall be constructed and maintained. TELEGEAPH AND TELEPHONE LINES. 139. Subject to the provisions of subsections 2 and 3 of this Jeiephone^nd section the company may construct and operate an electric telegraph Une and a telephone line throughout and along the whole line of railway and the branches thereof or any part of the said railway or branches for the purposes of its undertaking: Provided that no poles shall be erected in the construction Proviso of either of the said lines in or through any city, town or incor- porated village without the consent of the council of the said city, town or village being first obtained by the company: Provided also that such telegraph and telephone lines shall be used exclusively for the purposes of the business of the company. (2) No lines or wires for telegraphs, telephones or the cqn-'^"'*^, ^., veyance of light, heat, power or electricity shall be erected, placed *°™^^ ' "*^ or maintained across the railway without leave of the Minister. (3) Upon any application for such leave the applican,t shall Pi™s.toJe submit to the Minister a plan and profile of the part of the railway Minister proposed to be affected showing the proposed location of such lines, and wires and works contemplated in connection therewith; and the Minister may grant such application and may order order by bywhom, how, when and on what terms and conditions and under**"™**'' what supervisions such work shall be executed; and upon such order being 'made such lines and wires may be erected, placed and maintained, across the railway subject to and in accordance with such order. (4) Whenever any municipal corporation or person has authority Municipal to construct, operate and maintain a telephonic system in 'any*^'g*jP^°^^. district and is desirous of obtaining telephonic connection or sections with communication with or within any station or premises of the company in such district and cannot agree with the company with respect thereto such municipal corporation or person may apply to the Minister for leave therefor; and the Minister may order the company to provide for such connection or communi- cation upon such terms as to compensation or otherwise as the Minister deems just and expedient and may order and direct how, when, where, by whom and upon what terms and condition such telephonic connection or communication shall be constructed, operated and maintained. (5) Notwithstanding ansrthing in any Act contained the Minister in determining the terms or compensation upon which any such connection or communication is to be provided for, shall not take into consideration any contract, lease or agree- 329 1907 Cap. 8 RAILWAYS ment now or hereafter in force by which the company has given or gives any exclusive or other privilege to any company or person other than the appUcant, with respect to any such station or premises. Sa™^e*°* UO. The company shall when required so to do by the exclusive use Lieutenant Governor in Council or any person authorized by ^raffto^^ him place any electric telegraph or telephone lines and the appartus and operators it has at the exclusive use of the Govem- Compensation ment of the province receiving thereafter reasonable compensation for such service. Sr^?e™t^es ^^^- The Lieutenant Governor in Council may at any time on right of way causc a line or lines of electric telegraph or telephone to be con- structed along the line of the railway for the use of the province and for. that purpose may enter upon and occupy so much of the lands of the company as is necessary for the purpose. • DRAINAGE. Drainage by company 143. The company shall in constructing the railway make and maintain suitable ditches and drains along each side of and across and under the railway to connect with ditches, drains drainage works and watercourses upon the lands through which the railway runs so as to afford sufficient outlet to drain and carry off the water and so that the then natural, artificial or existing drainage of the said lands shall not be obstructed or impeded by the railway. SWITCHES AND SIDINGS TO INDUSTRIES. Expropriation witli certain cases with consent of 14:3. In casc the cbimcil of a municipality by by-law declares mumdpiJity in that it is desirable and expedient that an elevator or manufactory ""*"" "°"° or other industry or business should have a siding or switch from any railway to the premises of such elevator, manufactory, industry or business, and that the company should have powers of expropriation for the purpose of securing, within the limits of the municipality, the necessary right-of-way for that purpose as set forth in the by-law, and if the Minister certifies that the building of the proposed siding or switch across the lands as set forth in the by-law will be for the advantage or convenience of the public, the company, upon the registration, by the coimcil of the by-law and certificate in the office of the registrar of land titles for the land registration district in which the land to be expropriated is situated, shall in respect of the said lands, possess the powers of expropriation conferred by this Act: Provided however that no such by-law shall be passed by the council of any municipality until all owners of lands across which the proposed siding or switch is to run, have had at least one week's previous notice in writing of the time when such by-law is to be considered by the said council. (2) The tracks of the sidings or switches constructed or laid by the company under this section shall not be used for any purpose other than for the purposes mentioned, except by leave of the Minister and subject to such terms and conditions as he sees fit to impose. 330 Proviso Tracks, etc., not to be used for other purposes BAiLWATS Cap. 8 1907 (o) Where an industry or business is established, or intended Branch unes to to be established, within six miles of a railway, and the owner s?xSa^^*'"'' of such industry or business, or the person intending to establish ^»''^|y.™ay the same, is desirous of obtaining railway facilities in connection by Minister therewith, but cannot agree with the company as to the con- struction and operation of a spur or branch line from the railway thereto, the Minister may, on the appUcation of such owner or person and upon being satisfied of the necessity for such spm- or branch line in the interests of trade, order the company to construct, maintain and operate such branch line or spur, and may direct such owner or person to deposit in some chartered Deposit to be bank such sum or sums as are by the Minister deemed sufficient, SlndSrt?^'^' ' or are by him found to be necessary to defray all expenses of ' constructing and completing the spur or branch line in good work- ing order, including the cost of the right-of-way, incidental expenses and damages; and the amount so deposited shall from tiiitie^jayments^^ to time be paid to the company upon the order of the Minister, company as the work progresses; (&) The aggregate amoimt so paid by the applicant in the owner to be construction and completion of the said spur or branch lineJgbSeontoUs shall be repaid or refunded to the applicant by the company by way of rebate, to be determined and fixed by the Minister out of or in proportion to the tolls charged by the company in respect of the carriage or traffic for the applicant over the said spur or branch line; and until so repaid or refimded the applicant owner's shall have a special hen therefor upon such branch line, to be^^^^^^ reimbursed by rebate as aforesaid; (c) Upon repayment by the company to such applicant ofDispiiarge all payments made by the applicant upon such construction, °' '*^° the said spin? or branch Une, right-of-way and equipment shall become the absolute property of the company, free from any such lien. FENCES, GATES AND CATTLE GUARDS. 144. Lawful fences shall be erected and maintained on each Fences, cattle side of the railway with openings or gates or bars or sliding or ^'^'*^' ^*''- hurdle gates of sufficient width for the purposes thereof, but not less than sixteen feet, with proper fastenings at farm cross- ings of the railway; and also cattle guards at all highway cross- ings, suitable and sufficient to prevent cattle and other animals from getting on the railway. (2) A hurdle gate has proper fastenings if it is fifteen inches Fastenings at longer than the opening and is supported at each end by two "*'^^''*^ upright posts. ■ 145. If the company omits to erect and complete as afore- omission or said any fence or cattle guard or if after it is completed the com-fg^lJ^'*"""^* pany neglects to maintain the same as aforesaid and if in con- sequence of such omission or neglect any animal gets upon the railway from an adjoining place where under the circumstances it might properly be then the company shall be liable to the ' owner of every such animal for all damages in respect of it caused by any of the company's trains or engines; and no animal which IS not liable to be impounded for running at large shall be held to be improperly on a place adjoining the railway merely for the reason that the owner or occupant of such place has not permitted it to be there. 331 1907 Cap. 8 RAILWAYS Time for construction if land is occupied 146. {Repe(ded—19U, c. 2, s. 12.) 147. If the' land through or by which the railway passes is occupied at the time of the construction of the railway opposite thereto the company shall make such fences, gates and cattle guards as they lay their rails. Fencing,^ 148. At cv^ry public road crossing at rail level of the rail- croasmg ^^^ ^^^ fencc ou both sides of the crossing and on both sides of the track shall be turned into the cattle guards so as to allow of the safe passage of trains. 149. The persons for whose use farm crossings are furnished shall keep the gates at each side of the railway closed when not in use; and no person any of whose cattle are killed by any train owing to the nonobservance of this section shall have any right of action against any company in respect of the same being so killed. Gates at farm crosaing to be kept closed Penalty for leaving gates open Company not liable in such 150. Every person, who wiKuUy leaves any such gate open without some person being at or near it to prevent animals from passing through it on to the railway or who takes down any part of a railway fence or turns any horse, cattle or other animal upon or within the enclosure of such railway is liable on sum- mary conviction to a penalty of twenty dollars for each offence and shall also be liable to the railway company for any damage to the property of the company or for which the company is responsible by reason of such gate being so left open or by reason of such fence being so taken down or by the turning upon or within the enclosure of such railway of any horse, cattle or other animal; and no person any of whose cattle are killed by any train owing to the nonobservance of this section shall have any right of action against any company in respect of the same being so killed. BRIDGES, TUNNELS AND OTHER STRUCTURES. Headway respecting bridges and tunnels Powers of Minister where owners refuse to permit compliance 151. Every bridge, tunnel or other erection or structure over, through or under which any railway now or hereafter passes shall be so constructed and if need be be reconstructed or altered within such time as the Minister may order and shall thereafter be so maintained as to afford at all times an open and clear head- way of at least seven feet between the top of the highest freight car used on the railway and the lowest beams, members or portions of that part of such bridge, tunnel, erection or structure which is directly over the space liable to be traversed by such car in_ passing thereunder; but in no case shall the space between the' rail level and such beams, members or portions of any such struc- ture hereafter constructed be less than twenty-two feet six inches unless by leave of the Minister. (2) If in any case it is necessary to raise, reconstruct or alter any bridge, tunnel erection or structure not owned by the com- pany the Minister upon appUcation of the company and upon notice to all parties interested or without any application may make such order allowing or requiring such raising, reconstruction or alteration upon such terms and conditions as to him shall appear just and proper and in the public interest. 332 RAILWAYS Cap. 8 1907 (3) The Minister may exempt from the operation of this Minister may section any bridge, tunnel, erection or structiire over, through brid!^S°"'°'"' or under which no trains are run except such as are equipped with air brakes. (4) Every company or owner shall incur a penalty not exceed- Penalty ing fifty dollars for each day of wilful neglect, omission or refusal to obey the provisions of this section. 153. With respect to all bridges, tunnels, viaducts, trestles Bridges, etc., or other structures through, over or under which the company's Q'^j^^^*'™ trains are to pass the span or proposed span or spans or length of which exceeds eighteen feet the company shall not commence the construction or reconstruction of or any material alteration in any such bridge, viaduct, tunnel, trestle or other structure until leave therefor has been obtained from the Minister unless such construction, reconstruction or alteration is made in accord- ance with standard specifications and plans approved of by the Minister. (2) Upon any application to the Minister for such leave the Proceedings company shall submit to the Minister the detail plans, profiles, g^f "Jt;™"" drawiags and specifications of any such work proposed to be constructed and such other plans, profiles, drawings and specifi- cations as the Minister may in any case or by regulation require. WAGES OF LABOUHEBS. 153. In every case in which the Legislative Assembly grants Rate of wages financial aid by way of subsidy or guarantee towards the cost"'^*?"™?™"'} . ., J J- 11 1-11 ii oonstruonon of 01 railway construction all mechamcs, labourers or other persons Unes subsidized who perform labour in such construction shall be paid such LegWature wages as are generally accepted as current for competent work- men in the district in which the work is being performed;- and if there is no current rate in such district then a fair and reason- able rate; and in the event of a dispute arising as to what is the current or a fair and reasonable rate it shall be determined by the Minister whose decision shall be final. 154. No railway company within the jurisdiction or legis- No agreement lative power or control of the Legislature of Alberta shall be ^ reu^^'°''°°^ relieved from liabiUty for damages for personal injury to anyg^^Jgj^y^j"™ workman, employee or servant of such company, nor shall any personal action or suit by such workman, employee or servant, or in the"""^ event of his death by his personal representatives, against the company be barred or defeated by reason 'of any notice, condition or declaration made or issued by the company, or made or issued by any insurance or provident society or association of railway employees formed, or purporting to be formed, under such Act; or by reason of any rules or by-laws of the company, or rules or by-laws of the society or association; or by reason of the privity of interest or relation estabhshed between the company and the society or association, or the contribution or payment of moneys of the company to the funds of the society or association; or by reason of any benefit, compensation or indemnity which the workman, employee or servant, or his personal representatives, may become entitled to or obtain from such society or associa- tion or by membership therein; or by reason of any express 333 1907 Cap. 8 HAILWATB or implied acknowledgment, acquittance or release obtained by the company or the society or association prior to the happen- ing of the wrong or injury complained of, or the damage accruing to, the purport or effect of relieving or releasiag the company from liability for damages for personal injuries as aforesaid. INSPECTING ENGINEEBS. Appointment of inspecting engineers Duties of company respecting insijecting engineers Inspecting engineers may travel free Transmission of telegrams Penalty upon failure Proof of engineer's authority Penalty for obstructing inspecting engineers 155. Inspecting engineers may be appointed by the Minister subject to the approval of the Lieutenant Governor in Council. (2) Every company and the officers and directors thereof shall afford to any inspecting engiaeer such information as is within their knowledge and power in all matters inquired iato by him and shall submit to such inspecting engineer all plans, specifications, drawings and documents relating to the con- struction, repair or state of repair of the railway or any portion thereof. (3) Every such inspecting engineer shall have the right while engaged in the business of such inspection to travel without charge on any of the ordinary passenger trains running on the railway and to use without charge the telegraph wires and machinery in the offices of or under the control of any such company. (4) The officers or operators employed in the telegraph offices of or under the control of the company shall without unnecessary delay obey all orders of any such inspecting engineer for trans- mitting messages; and every such operator or officer who neglects or refuses so todo shall for every such offence be liable on sum- mary conviction to a penalty of forty dollars. (5) The production of his appointment in writing signed by the Minister shall be sufficient evidence of the authority of such inspecting engineer. (6) Every person who wilfully obstructs any inspecting engineer in the execution of his duty is liable on summary con- viction to a penalty not exceeding forty dollars; and default of payment thereof forthwith or within such time as the convicting justice or justices of the peace appoint, to imprisonment with or without hard labour for any term not exceeding three months. INSPECTION OP THE RAILWAY BEFORE OPENING. Leave of Minister before opening Proceedings Affidavit Inspection 156. No railway or any portion thereof shall be opened for the carriage of traffic other than for the purposes of the con- struction of the railway by the company until leave therefor has been obtained from the Minister as hereinafter provided. (2) When the company is desirous of so opening its railway or any portion thereof it shall make an application to the Minister, supported by affidavit of its president, secretary, engineer or one of its directors to the satisfaction of the Minister, alleging that the railway or portion thereof desired to be so opened is in his opinion sufficiently completed for the safe carriage of traffic and ready for inspection and request the Minister to authorize the same to be opened for such purpose. (3) Before granting such application the Minister shall direct an inspecting engineer to examine the railway or portion thereof 334 HAiLWAYS Cap. 8 1907 proposed to be opened; and if the inspecting engineer reports to the Minister, after making such examination, that in his opiaion the opening of the same for the carriage of traffic will ^j,^^ opening be reasonably, free from danger to the public using the same r^orted to the Minister may make an order granting such application *° ® in whole or in part and may name the time therein for the open- ing thereof; and thereupon the railway or such portion thereof ^^^^^ ^^ as is authorized by the Minister may be opened for traffic inMixSter accordance with such order. (4) But if such inspecting engineer after the inspection of J^^™°|™'°b the railway or the portion thereof shall report to the Minister be dangerous that in his opinion the opening of the same would be attended' with danger to the public using the same by reason of the incompleteness of the works or permanent way or the insufficiency of the construction or equipment of such railway or portion thereof he shall state in his report the grounds for such opinion and the company shall be entitled to notice thereof and shall be served with a copy of such report and grounds and the Minister f^^m^^ may refuse such application in whole or in part or maj'^ direct a''"™?"'"^ further or other inspection and report to be made. (5) If thereafter upon such further or other inspection or Provision tor upon a new application under this section the inspecting engineer fj^pection reports that such railway or portion thereof may be opened without danger to the pubUc the Minister may make the like order as provided in subsection 3 of this section and thereupon the railway or such portion thereof as is authorized by the Minister may be opened for traffic in accordance therewith. (6) The Minister upon being satisfied that public convenience Leave to carry will be served thereby may after obtaining a report of an inspect- *'^°'*''*"*®'' ing engineer allow the company to carry freight traffic over atiy portion of the railway not open for the carriage of traffic in accordance with the preceding provisions of this section. (7) If any railway or portion thereof is opened contrary to opening with- the provisions of this section the company or person to whom m^I*™ °' such railway belongs shall forfeit to His Majesty the sum of two hundred dollars for each day on which the same is or Penalty continues open until such order is obtained. 157. Whenever any complaint is made to the Minister or where railway the Minister receives information that any railway or any portion °"* °* '^^''^ thereof is dangerous to the public using the same from want of renewal or repair or insufficient or erroneous construction or from any other cause or whenever circumstances arise which in his opinion render it expedient the Minister may direct an inspecting engineer to examine the railway or any portion thereof; and upon the report of the inspecting engineer may order any Minister may repairs, renewal, reconstruction, alteration or new work, materials "f^er repairs, or equipment to be made, done or furnished by the company upon, in addition to or substitution for any portion of the rail- way which may from such report appear to the Minister necessary or proper and may order that until such repairs, renewals, recon- struction, alteration and work, materials or equipment are made, done and furnished to his satisfaction, no such portion of the May enjoin railway in respect of which such order is made shall be used ?aUwa?°pending or u^ed otherwise than subject to such restrictions, conditions "''^"^ and terms as the Minister may in such order impose; and the 335 1907 Cap. 8 RAILWAYS Or of equipment Penalty for noncompliance Aiding and abetting Minister may by such order condemn and thereby forbid further use of any rolling stock which from such report it may consider unfit to repair or use further. (2) If after notice of any such order made by the Minister the company shall use any rolling stock after the same has been so condemned by the Minister or shall disobey or fail to comply with any order of the Minister made under this section the com- pany shall for each act of disobedience forfeit to His Majesty the sum of one thousand dollars; and any person wilfully and knowingly aiding or abetting any such violation shall be guilty of an offence and on conviction thereof shall be liable to a penalty of not less than twenty dollars nor more than two hundred dollars. Inspecting^ 158. If in the opinion of any inspecting engineer it is dangerous fn?ase^of'"°'^ for any trains to pass over any railway or any portion thereof fsaSipro- Until alterations, substitutions or repairs are made thereon or hibitions that any of the rolling stock should be run or used the said engineer may by notice forthwith either forbid the running of any train over such railway or portion of railway or require that the same be run only at such times under such conditions and with such precautions as he by notice specifies and he may forbid the running or using of any such rolling stock by serving upon the company owning, running or using such railway or any officer having the management or control of the running of trains on such railway a notice in writing to that effect with his reasons therefor in which he shall distinctly point out the defects or the nature of the danger to be apprehended; and for every act of noncom- pliance therewith such company shall forfeit to His Majesty the sum of one thousand dollars. Report of (2) The inspecting engineer shall forthwith report the same raginee"* to the Minister, who may either confirm, inodify or disallow Action thereon ^^^ S'Ct or Order of such engineer and notice of such confirmation. Notice modification or disallowance shall be duly given to the company. Procedure Reasons and defects must be stated Penalty Prosecution 159. No prosecutiou for any penalty under the last two preced- mL^Te'"™ ing sections shall be instituted without the authority of the authorized Minister first had and obtained. TRAINS. Train equipment to be provided Comnnmi- cation with engine driver Brakes 160. Every company shall provide and cause to be used on all trains modem and efficient apparatus, appliances and means — (a) To provide immediate communication between the conductor while in any car of any passenger train and the engine driver; (&) To check at will the speed of the train and bring the same safely to a standstill as expeditiously as possible and except under circumstances of sudden danger or emergency, without causing undue discomfort to the passengers if any on the train, including a power drive wheel brake and appliances for operating the train brake system upon the locomotive and having a sufficient number of cars in every train so equipped with power or train brakes so that the engineer on the locomotive drawing such train can control its speed 336 RAILWAYS Cap. 8 1907 or bring it to a stop in the quickest and best manner possible without requiring brakesmen to use the common on trains hand brake for that purpose; and on all trains carrying "^^^^.f^^^^- passengers such system of brakes shall comply with brakes must ■ the following requirements: (i) The brakes shall be continuous and must be instan- Be continuous taneous in action and capable of being apjilied mou™ "" "^ at will by the engine driver or any brakeman; g^ g^jj_ (ii) The brake must be self-applying in the event of applying any failure in the continuity of its action; a°dc£nt (c) To securely couple and connect the cars composing couplers the train and to attach the engine to such train with couplers which couple automatically by impact and which can be uncoupled without the necessity of men going in between the ends of the cars. (2) All box freight cars of the company built after the passing Box freight of this Act shall be equipped with the following attachments po'vided%rath for the security of railway employees: ladders (a) Outside ladders on two of the diagonally opposite ends and sides of each car projecting below the frame of the car with one step or rung of the ladder below the frame, the ladders being placed close to the ends and sides to which they are attached; (6) Hand grips placed anglewise over the ladders of each box car and so arranged as to assist persons in climbing on the roof by means of the ladder. (3) Every company shall adopt and use upon all its rolling Height of stock such height of draw bars as the Minister determines in^^^^^^^ accordance with any standard from time to time adopted by competent railway authorities. (4) Every company which fails to comply with any of the Penalty for provisions of this section shall forfeit to His Majesty a sum """""""p ™°* not exceeding two hundred dollars for every day dimng which such default continues and shall as well be liable to pay to all such persons as are injured by reason of the noncompliance Damages with these provisions or to their representatives such damages as they are legally entitled to notwithstanding any agreenient Agreements to the contrary with regard to any such person unless such agree- i"^^']-^'''^ meat is conformable to the law of the province and is authorized by regulation of the Minister: Provided however that no proceedings shall be instituted to Consent to enforce or recover any forfeiture to His Majesty under this section'"'™*™*'™ without the consent of the Minister first obtained. 161. The Minister may upon application order that anypowerof apparatus or appliance specified in such order shall when usedj^^^*?^^ upon the train in the manner and under circumstances in such tram order specified be deemed sufficient compliance with the provisions ^''"p'"™* of the last preceding section but the Minister shall not by such ,^™*^*'°° «-j 11 . 1.^. ci ■ upon power flraer allow any exception to or modification oi the requirements of such section; but the Minister may by general regulation Discretion as or in any particular case on good cause shown from time to time ^e^of'brikls extend the period within which such appliance shall be used, couplers, etc' , (2) The Minister shall endeavour to provide for uniformity Power to m the construction of rolling stock to be used upon the railway JSS^^ and and for a uniformity of rules for the operation and running of °f trlto" 337 1907 Cap. 8 RAILWAYS trains; and may make regulations designating the number of men to be employed upon trains or providing that coal shall' be used on all locomotives instead of wood in any district and generally for the protection of property and the protection, safety, accommodation and comfort of the public and the employees of the company with respect to the running and operation of trains by the company. Bell and whistle on locomotive 163. Every locomotive engine shall be equipped and main- tained with a bell of at least thirty pounds weight and with a steam whistle and shall while in use be equipped with a proper headlight which shall be lighted half an hour before dark and kept lighted during darkness. Proper safety chains, etc., to be provided 163. The company shall provide and at all times maintain proper safety chains or other safety appliances Ibetween each of its engines and the accompanying tender suflBciently strong to withstand any usual strain which may be put upon the same by reason of the drawbar breaking; any company failing to comply with the provisions of this section shall in addition to any claims for damages to which it may be liable by reason of injury to any of its employees laAvfully upon such engine or tender be liable to a penalty not exceeding $500. Dump ash pans 164. All engines of the company shall be equipped with dump In en^eT ° ash pans to enable the engine men to empty ashes without the necessity of going imder the engine; any company failing to comply with the provisions of this section shall in addition to any claims for damages by reason of injury to any engine man in the lawful pursuit of his duty be Uable to. a penalty not exceeding $500. ^^f^-,"?-".*.™' 165. Stock chutes, mail cranes and elevator spouts if main- mau cranes, .ii ,i i.ii,. in i ..i elevator spouts tamed aloug the company s ri^ht-of-way shall not be mamtained SdtHli°two feet nearer than two feet from the side of the widest cab on any engine of cab of engine gf ^jjg company; any company or person whose duty it is4» observe the requirements of this section shall upon neglect or failure to do so in addition to any claims for damages by reason of injury to any of the company's employees lawfully in pursuit of his employment be Uable to a penalty not exceeding $500. Company not to operate double cab engines Proviso QuallficationB of engine drivers 166. The company shall not operate on its railway any engine known as a "Mother Hubbard" engine by which term is meant an engine with two separate cabs one for the driver and the other for the fireman unless the company provides for the services of a third employee to be present in the driver's cab during all the times when the same is operated. 167. The company shall not permit any person to have charge of any of its en^nes as driver unless such person shall in addition to the qualification required of the company's employees under the general rules of the company have had at least three years experience as a locomotive fireman. Accommoda- 168. The compauy shall according to its powers furnish at p'^en^ere^ the place of starting and at the junction of the railway with other railways and at all stopping places established for such 338 and freight at stations RAILWAYS Cap. 8 1907 purpose adequate and suitable accommodation for the receiving TrMn aooom- and loading of all traffic offered for carriage upon the railway "'" **'™ and shall furnish adequate and suitable accommodation for the carrying, unloading and delivering of all such traffic and shall . without delay and with due care and diUgence. receive, carry respecting and deliver all such traffic and shall furnish and use all proper *™'"p"*='*'°"' appliances, accommodiation and means necessary therefor. (2) Such traffic shall be taken, carried to and from and delivered ^ttSiT^ at such places on the due payment of the toll lawfully payable thetefor. (3) Every person aggrieved by any neglect or refusal in them^htof premises shall subject to this Act have an action therefor against ^'•^^^^^jj the company from which action the company shall not be relieved condition by any notice, condition or declaration if the damage arises from against any negligence or omission of the company or of its servant, i^^ifl"™ (4) If in any case such accommodation is not in the opinion Aecommoda- of the Minister furnished by the company the Minister ^^7^°^^^^^" order the company to furnish the same within such time or during Minister such period as he deems expedient having regard to all proper interests or may prohibit or limit the use either generally or upon any specified railway or part thereof- of any engines, locomotives, cars, roUing stock, apparatus, machinery or devices or any class or Mnd thereof not equipped as required by this. Act or by any order or regulation of the Minister made within his jurisdiction under the provisions of this Act. (5) Where a company's railway crosses or joins or approaches (in the opinion of the Minister) sufficiently near to any other railway upon which passengers or mails are transported whether the last mentioned railway is within the legislative authority of the Legislature of Alberta or not the Minister may order the company to so regulate the running of its trains carrying passengers or mails and the places and times of stopping them as to afford reasonable opportunity for the transfer of passengers and mails between the railway and such railway and may order the company to furnish reasonable facilities and accommodation for such purpose. 169. All regular trains shall be started and run as near as Regui„ity ;„ practicable at regular hours fixed by public notice. train time 170. Every servant of the company employed in a passenger officials to train or at a station for passengers shall wear upon Ms hat or ^e*"' badKes cap a badge which shall indicate his office and he shall not without such badge be entitled to demand or receive from any passenger any fare or ticket or to exercise any of the powers of his office or meddle or interfere with any passenger or his baggage or property. 171. Any passenger refusing to pay his fare may with his Passengere baggage by the conductor of the train and the servants of the^f^^^^e*" company be expelled from and put out of the train at any usual stopping place or near any dwelling house as the conductor elects; the conductor first stopping the train and using no unnecessary force. 339 1907 Cap. 8 RAILWAYS No claim for injuries in certain cases 173. No person injured while on the platform of a car or on any baggage or freight car in violation of the printed regulations posted up at the time shall have any claim in respect of the injury if room inside of the passenger cars sufficient for the proper accommodation of the passengers was furnished at the time. Position of passenger cars 173. No passenger train shall have any freight merchandise or lumber car in the rear of any passenger car in which any passenger is carried. Checks Excess baggage Liability for refusing to check 174. A check shall be affixed by the company to every parcel of baggage having a handle, loop or suitable means for attaching a check thereupon and a duplicate of such check shall be given to the passenger dehvering the same. (2) In case of excess baggage the company shall be entitled to collect from the passenger before affixing any such checks the toll authorized under this Act. (3) if such check is improperly refused on demand the company shall be liable to such passenger for the sum of one hundred dollars which shall be recoverable in a civil action. Transportation of dangerous goods Nature must be marked on outside Notice Penalty 175. No i3assenger shall carry nor shall the company be required to carry upon its railway gunpowder, dynamite, nitro glycerine or any other goods which are of a dangerous or explosive nature and any person who sends, by the railway any such goods without distinctly marking their nature on the outside of the package containing the same and otherwise giving notice in Avriting to the station agent or employee of the company whose duty it is to receive such goods and to whom the same are delivered or who carries or takes upon any train any such goods for the purpose of carriage shall forfeit to the company the sum of five hundred dollars for every such ofifence. Company may 176. The Company may refuse to take any package or parcel refuse to carry ^j^j^j^ j^ suspccts to Contain goods of a dangcrous natiu:e or may require the same to be opened to ascertain the fact. Trains to stop at swing bridges Where safety devices installed Minister may otherwise order 177. When any railway passes over any navigable water or canal by means of a draw or swing bridge which is subject to be opened for navigation every train shall before coming on or crossing over such bridge be brought to a full stop and shall not proceed until a proper signal has been given for that purpose and in default the company shall be liable to a penalty not exceed- ing five hundred dollars; any employee failing to comply with the rules of the company as to compliance with the provisions of this section shall be fiable to the like penalty or to six months imprisonment or to both. (2) Wherever there is adopted or in use on any railway at any such bridge an interlocking switch and signal system or other device which in the opinion of the Minister renders it safe to permit engines and trains to pass over such bridge without being brought to a stop the Minister may by order permit engines and trains to pass over such bridge without stopping under such regulations as to speed and other matters as the Minister deems proper. 340 RAILWAYS Cap. 8 1907 178. When any train is approaching a highway crossing use of beu at rail level (except within the limits of cities_ or towns where °'° " ^ the municipal authority may pass by-laws prohibiting the same) the en^ne whistle shall be sounded at least eighty rods before reaching such crossing and then the bell shall be rung continuously until the engine has crossed such highway and the company shall for each neglect to comply with the provisions of this section Penalty for incur a penalty of twenty dollars and shall also be liable for all "'™''°'"p °°^ damage sustained by any person by reason of such neglect; and^i^^s^s every employee of the company who neglects to comply with Penalty on this section shall for each offence be subject to a Uke penalty /""'"''^^ (2) And for the better compUance with the provisions of this J^^t^^jp^^^ section the company shall erect and maintain on its right-of-way and at points eighty rods on each side of all highway crossings whistleposts, which shall be painted white and shall be not less than six feet high and on which shall be painted with black paint the letter "W" and such letter shall be not less than ten inches in length and the company shall also equip each of its engines ^^'j*°?^='tio^ with an automatic bell ringer. 179. No train or engine shall pass over any crossing where signal at two main lines of railway cross each other at rail level tmtil a™o^Sgs°^^' proper signal has been received by the conductor or engineer in charge of such train or engine from a competent person or watchman in charge of such crossing that the way is clear: Provided always that in the case of an electric street railway Electric car crossing any railway track not properly protected it shall bCj^^ay the duty of the conductor before crossing to go forward and "rosBingB see that the track to be crossed is clear before giving the signal to the motorman that the way is clear and to proceed. (2) Every main track of a branch line is a main line within AppUcaUon the meaning of this section which shall applj whether the said °f seotiob Unes be owned by different companies or by the same company. 180. Every train shall before it passes over any such crossing stoppage of as in the next preceding section mentioned be brought to a full ij*™*^nga stop; but whenever there is in use at any such crossing an inter- locking switch and signal system or other device which in the opinion of the Minister renders it safe to' permit engines and trains or electric cars to pass over such crossing without being ^j^^^ ^ brought to a stop the Minister may by order permit such engines devfcra ^e ^ and trains and cars to pass over such crossing without stopping ^HSitomly under such regulations as to speed and other matters as he deems otherwise order proper. 181. No train shall pass in or through any thickly peopled P^teof^apeed portion of any city, town or village at a speed greater than ten 'portions™ miles an hour imless the track is fenced or properly protected"'"*^ in the manner prescribed in this Act or unless permission is given by some regulation or order of the Minister; the Minister may limit such speed in any case to any rate which he deems expedient. 183. Whenever in any city, town or village any train is passing Trains or over or along a highway at rail level and is not headed by anJ|^|,^g'J™s engine moving forward in the ordinary manner the company i°rf*'ea shall station on the then foremost part of the train or of the 341 1907 Cap. 8 RAILWAYS tender if that is in front a person who shall warn persons standing on or crossing or about to cross the track of such railway; and for every violation of .the provisions of this section or of any of the three sections next preceding the company shall incur a penalty of one hundred dollars. Penalty* not Btmd^on 183. Whenever any railway crosses any highway at rail level rau level the Company shall not nor shall its officers, agents or employees mwe tf In five wilfuUy permit any engine, tender or car or any portion thereof minutes ^q stand ou any part of such highway for a longer period than five minutes at one time or in shunting to obstruct public traffic for a longer period than five minutes at any one time or in the opinion of the Minister unnecessarily interfere therewith. (2) In every case of a violation of this section every such officer, agent or employee who has directly under or subject to his control, management or direction any engine, tender or car which or any portion of which is allowed to stand on such highway longer than the time specified in this section is liable on summary conviction to a penalty not exceeding fifty dollars and the company is also liable for each such violation to a like penalty: Provided always that if such alleged violation is in the opinion of the court excusable the action for the penalty may be dismissed and costs shall be in the discretion of the court. Where violation excusable Interpretation 184. In this sectiou the cxprcssion "packing" means a pack- ing of wood or metal or some equally substantial and solid material of not less than two inches in thickness and which where by this Packing Gection any space is required to be filled in shall extend to within one and a half inches of the crown of the rails in use on any such railway, shall be neatly fitted so as to come against the web of such rails and shall be well and solidly fastened to the ties on which such rails are laid. (2) The spaces behind and in front of every railway frog or crossing and between the fixed rails of every switch where such spaces are less than four inches in width shall be filled with packing up to the under side of the head of the rail. (3) The spaces between any wing rail and any railway frog and between any guard rail and the track rail alongside of it shall be filled with' packing at their splayed ends so that the whole splay shall be so filled where the width of the space between the rails is less than four inches; such packing not to reach higher than to the under side of the head of the rail: Provided however that the Minister may allow the filling and packing mentioned in this section to be left out from the month of December to the month of April in each year, both months included or between any such dates as the Minister by regulation or in any particular case determines. Packing of froga, etc. Packing of wing rails, etc. Kxception in latter Overdue trains Notice at stations 185. Every company upon whose railway there is a telegraph line in operation shall have a blackboard put upon the outside of the station house over the platform of the station in some conspicuous place at each station of such company at which there is a telegraph office and when any passenger train is overdue at any such station according to the time table of sucli company the station agent or person in charge at such station shall write 342 RAILWAYS Cap. 8 1907 or cause to be written with white chalk on such blackboard a notice stating to the best of his knowledge and behef the time Time when when such overdue train may be expected to reach such station ;g|P^j°jJ^^*° and if there is any further change in the ejqpeeted time of arrival the station agent or person in charge of the station shall write or cause to be written on the blackboard in like maimer a fresh notice stating to the best of his knowledge and behef the time when such oveMue train may then be expected to reach such station. (2) Every such company station agent or person in charge Penalty for at any such station is on summary conviction Uable to a penalty °™'^'™ not exceeding five dollars for every wilful neglect, omission or refusal to obey the provisions of this section. USE OF BAILWAY BY DOMINION GOVERNMENT. 186. His Majesty's mail, His Majesty's naval or military Provision as to forces or militia, and all artillery, ammunition, provisions orn^MSjIrty'B other stores for their use, and all poUcemen, constables and '"»''• «*"• others travelling on His Majesty's service, shall at all times, when thereunto required by His Majesty's Postmaster General, the Commander of the Forces or any person having the super- intendence or command of any police force, and with the whole resources of the company if required, be carried on the railway, , on such terms and conditions, and imder such regulations as may be made by the Governor General in Coimcil or Lieutenant Governor in Coimcil as the case requires. (2) The Governor General or Lieutenant Governor as the Government case may be, or any person thereunto authorized by them, may *°(5j5ve use require the company to place any electric telegraph, and the "f telegraph apparatus and operators they may have, at the exclusive use of the Government, receiving thereafter reasonable compensation for such service. BOARD AND MEMBERS OP LEGISLATURE TO BE CARRIED FREE. 187. The company shall furnish free transportation upon Members of any of its trains, for members of the Legislature with their baggage, anl'b^aS^ and shall also, when required, haul free of charge any car provided to have free for the use of the Minister. transportaUon SLEEPING AND PARLOR CARS. 188. The company may contract with any person for the sleeping hauling by the special or regular trains of the company, of the*°^P*''°'' parlor, drawing-room or sleeping car or cars of such person, in which extra accommodation shall be furnished, for which such person furnishing such parlor, drawing-room or sleeping car or cars, may charge for the carriage and transportation of persons and property therein such reasonable compensation as may be fixed by the Minister for such extra accommodation, m addition to the fare and charges for the carriage and trans- portation of passengers and property in the ordinary cars of the company. But the company so contracting shall be liable In the same way and to the same extent as if the said car or cars were owned by it, and shall furnish sufficient ordinary cars for the reasonable accommodation of the travelling public. 343 1907 Cap. 8 BAILWAYS ACCIDENTS. Notice of accident Penalty for omisBion Form of notice and investigation into accidents Report 189. Every company shall as soon as possible and immediately after the head officers of the company have received information of the occurrance upon the railway belonging to such company of any accident attended with serious personal injury to any person using the railway or to any employee of the company or whereby any bridge, culvert, viaduct or tunfael on or of the railway has been broken or so damaged as to be impassable or unfit for immediate use give notice thereof with full parti- culars to the Minister and every company which wiKuUy and negligently omits to give such notice shall forfeit to His Majesty the sum of two hundred dollars for every day during' which the omission to give the same continues. (2) The Minister shall by regulation declare the manner and form in which such information and notice shall be given and the class of accidents to which the next preceding section shall apply and may declare any such information so given to be privileged and the Minister may appoint such person or persons as he thinks fit to inquire into all ihatters and things which he deems Ukely to cause or prevent accidents and the causes of and the circiunstances connected with any accident or casualty to life or property occuring on any railway and into all particulars relating thereto. (3) The person or persons so appointed shall report fully in writing to the Minister his or their doings and opinions on the matters respecting which he or they are appointed to inquire and the Minister may act upon such report and may order the company to suspend or dismiss any employee of the company whom it may deem to have been neghgent or wilful in respect of any such accident. CATTLE NOT ALLOWED WITHIN FENCES. Riglit of action negatived 190. If the cattle of any person which are at large on any highway where it intersects a railway are killed or injured by any train at such point of intersection he shall not have any right of action against any company in respect of the same being so killed or injured. Negligence of owner not presumed 191. When any cattle or other animals at large upon the highway or otherwise get upon the property of the company and are killed or injured by a train the owner of any such animal so killed or injured shall be entitled to recover the amount of such loss or injury against the company in any action in any court of competent jurisdiction unless the company in the opinion of the court or jury trying the case establishes that such animal got at large through the negligence' or wilful act or omission of the owner or his agent or of the custodian of such animal or his agent; but the fact that such animal was not in charge of some competent person or persons shall not for the purposes of this section deprive the owner of his right to recover. 344 KAiLWAYS Cap. 8 1907 PREVENTION OF AND LIABILITY FOR FIRES. 193. The company shall at all times mamtain and keep its^™™"''"" right-of-way free from dead or dry grass, weeds and other unnecessary combustible matter. (2) Whenever damage is caused to crops, lands, fences, Liability for plantations or buildings and their contents by a fire started byioo^oSve ^ a railway locomotive the company making use of such locomotive whether guilty of negligence or not shall be Uable for such damage and may be sued for the recovery of the amount of such damage in any court of competent jurisdiction: Provided that if it be shown that the company has used modem Proviso and efficient apphances and has not otherwise been guilty of any negligence the total amoimt of compensation recoverable imder subsection (2) of this section in respect of any one or more claims for damage from a fire or fires started by the same locomotive and upon the same occasion shall not exceed five thousand dollars and it shall be apportioned amongst the parties who suffered the loss as the court or judge may determine. (3) The company shall have aii insurable interest in all suchj^^Swe''''** property upon or along its route for which it may be so held>°terest liable and may procure insurances thereon in its own behalf. PURCHASE OF RAILWAY BY PERSON WITHOUT CORPORATE POWER TO OPERATE. 193. If any railway or any section of any railway is sold n^°j^po™^« under the provisions of any deed or mortgage or at the instance obtain, of the holders of any mortgagCj bonds or debentures for thej"*™*^ payment of which any charge has been created thereon or under any other lawful proceeding and is purchased by any person not having corporate power to hold and operate the same the purchaser shall not run or operate such' railway until authority therefor has been obtained under the following provisions. (2). The purchaser shall transmit to the Minister an appli- i'r°'=eedings cation in writing stating the fact of such purchase, describing the termini and lines of route of the railway purchased specifying the special Act under which the same was constructed and operated and requesting authority from the Minister to run and operate the railway and with such application shaU transmit a copy of any writing preliminary to the conveyance of such railway made as evidence of such sale and also a duplicate or autheri,ticated copy of the deed of conveyance of such railway and such further details and information as the Minister may require. (3) Upon any such application the Minister may if he is satisfied Order , , therewith grant an order authorizing the purchaser to run and operaSon'for operate the railway purchased until the end of the then next °"*"° p"'""^ session of the Legislature of the province subject to such terms and conditions as the Minister may deem expedient and there- upon the purchaser shall be authorized for such period only and subject to such order of the Minister to operate and run such railway and take and receive such tolls in respect of traffic carried thereon as the company previously owning and operating the same was authorized to take and shall be subject in so far as the same can be made appHcable to the terms and conditions of the special Act of the said company. 345 1907 Cap. 8 RAILWAYS Application for corporate powers Closing of road (4) Such purchaser shall apply to the Legislatxire of the province at the next following session thereof after the purchase of such railway for an Act of incorporation or other legislative authority to hold, operate and run such railway; and if such application is made to the Legislature and is unsuccessful the Minister may extend the order to run and operate such railway imtil the end of the then next following session of the Legislature and no longer; and if during such extended period the purchaser does not obtain such Act of incorporation or other legislative authority, such railway shall be closed or otherwise dealt with by the Minister as may be determined by the Lieutenant Governor in Council. PASSENGER CONDUCTORS TO HAVE THE POWER AND AUTHORITY OF CONSTABLES. Conductors to have powers . of constables Removal of passenger guilty of misconduct 194. The conductor of every train carrying passengers within this province and the conductor of the car or cars of every rail- way carrying passengers within this province, is hereby invested with all the powers of a constable, while on duty on his train or on said car and cars, and said conductor may wear a badge or other distinguishing mark of a special constable. (2) When a passenger is guilty of disorderly conduct, or uses any blasphemous or obscene language, or plays any game of cards or chance for money or any other thing of value, upon any passen- ger train or upon the car or cars of any railway carrying passengers within this province, the conductor of such train or car or cars of such railway may stop his train or said car or cars at the place where such offence is committed or at the next stopping place of such train or of such car or cars and-eject such passenger from the train or from said car or cars, using only such force as may be necessary to accomplish such removal; and the conductor may command the assistance of the employees of the company, and .of the passengers on such train or on such car or cars to assist in such removal; but before doing so he shall render to such passenger such proportion of the fare he has paid as the distance he then is from the place to which he has paid fare bears to the whole distance for which his fare is paid. Conductor may arrest for offences 195. When a passenger is guilty of any offence upon a pas- senger train or upon the car or cars of any railway carrying passengers within this province, the conductor of such train or of such car or cars may arrest him and take him before any justice having cognizance of such offence in any municipality or district in this province in which such train or car or cars nms, and lay an information before such justice, charging him with such offence; but in no case shall the liability of the company for damages caused by the conduct of its conductor be affected by the provisions of this and the next preceding section. Noticeof authority of conductor 196. The company shall cause a notice to be placed in all passenger cars stating that the conductors have the authority and powers of constables. Protection of conductor acting as constable 197. A conductqr exercising the powers of a constable under this Act shall be entitled to the protection accorded by law to constables engaged in the performance of their duties as such. 346 RAILWAYS Cap. 8 1907 LIMITATION OF ACTION FOB DAMAGES. 198. All actions or suits for indemnity for any damages or Limitation of injury sustained by reason of the construction or operation ofSS^w' the railway shall be commenced within one year next after the time when such supposed damage is sustained or if there is con- tinuation of damage within one year next after the doing or committing of such damage ceases and not afterwards; and the defendants may plead the general issue and give this Act ° °^ and the special Act and the special matter in evidence at any trial to be had thereupon and may prove that the same was Proof done in pursuance of and by the authority of this Act or of' the special Act. BY-LAWS, RULES AND REGULATIONS. 199. The company may subject to the provisions and restric- Company's tions in this and iii the special Act contained make by-laws, J'J^pt^ng rules and regulations respecting — ■ (a) The mode by which and the speed at which any rolling speed stock used on the railway is to be moved; (6) The hours of the arrival and departure of trains; Time tables (c) The loading or unloading of cars and the weights which Loads they are respectively to carry; (d) The receipt and delivery of traffic; reg^ifations (e) The smoking of tobacco, expectorating and the com- Nuisances mission of any nuisance in or upon trains, stations or other premises occupied by the company; (/) The travelling upon or the use or working of the railway; ^eStion*^ (g) The employment and conduct of the officers and conduct employees of the company; (h) The due management of the affairs of the company; Management (i) The number of passengers to be allowed in cars, their Passengers mode of entrance or exit, and the portion of the car or the class of car to be occupied by them. 300. All byylaws; rules and regulations whether made byTSasentiaia the directors or the company shall be reduced to writing, be*°byjJw^ signed by the chairman or person presiding at the meeting at which they are adopted, have affixed thereto the common seal of the company and be kept in the office of the company. , 301. All such by-laws, rules and regulations except such Must be as are of a private or domestic nature and do not affect the public tfe Ueuteiwnt generally shall be submitted to the Lieutenant Governor ing°jfjf"'" Council for approval; the Lieutenant Governor in Council having first obtained the report of the Minister thereon which report it shall be the duty of the Minister to make may sanction them or any of them or any part thereof and may from time to time rescind the sanction of any such by-law, rule or regulation or any part thereof; except when so sanctioned no such by-law, rule or regulation shall have any force or effect. 302. A printed copy of so much of any by-law, rule or regulation PubUoation as affects any person other than the shareholders or the officers °to''^''*''^' or employees of the company shall be openly affixed and kept 347 1907 Cap. 8 RAILWAYS Publication of by-laws, etc., affecting employees affixed to a conspicuous part of every station belonging to the company so as to give public notice thereof to the persons interested therein or affected thereby. (2) A printed copy of so much of any by-law, rule or regulation as relates to the conduct of or affects the officers or employees of the company shall be given to every officer and employee of the company thereby affected. By-laws, etc., binding when approved Summary interference in certain Evidence 303. Such by-laws, rules and regulations when so approved shall be binding upon and observed by all persons and shall be sufficient to justify all persons acting thereunder. 304. If the violation or nonobservance of any by-law, rule or regulation is attended with danger or annoyance to the pubhc or hindrance to the company" in the lawful use of the railway the company may summarily interfere using reasonable force if necessary to prevent such violation or to enforce observance without prejudice to ariy penalty incurred in respect thereof. 305. A copy of any by-law, rule or regulation certified as correct by the president, secretary or other executive officer of the company and bearing the seal of the company shall be evidence thereof in any court. TOLLS, BY-LAWS. By-laws to be passed author- izing issue of tariffs of tolls to be charged by the company To be approved by Minister Minister may approve in whole or in part or may change No tolls to be charged until by-law approved by Minister 306. The company or the directors of the company by by-law or any such officers of the company as are thereunto authorized by by-law of the company or directors may from time to time, prepare and issue tariffs of the tolls to be charged as hereinafter provided for all traffic carried by the company upon the railway or in vessels and may specify the person to whom, the place where and the manner in which such tolls shall be paid. (2) All such by-laws shall be submitted to and approved by the Minister. (3) The Minister may approve such by-laws in whole or in part or may change, alter or vary any of the provisions therein. (4) No tolls shall be charged by the company until a by-law authorizing the preparation and issue of tariffs of such tolls has been approved by the Minister nor shall the company charge, levy or collect any money for any services as a common carrier except under the provisions of this Act. DISCRIMINATION. Discrimination prohibited 307. Such tolls may be either for the whole or for any particular portions of the railway; but all such tolls shall always under substantially similar circumstances and conditions be charged equally to all persons and at the same rate whether by' weight, mileage or otherwise in respect of all traffic of the same description and carried in or upon a like kind of cars passing over the same portion of the line of railway; and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular person or company travelling upon or using the railway. 348 HAiLWAYs ^ Cap. 8 1907 (2) The tolls for larger quantities, greater numbers or longer Proportiqimte distances may be proportionately less than the tolls for smaller toS^'" quantities or numbers or shorter distances if such tolls are under M'ta™ "mcs substantially similar circumstances, charged equally to all persons. (3) No toll shall be charged which unjustly discriminates unjust dis- between different localities; the Minister shall not approve orte^rm'™ allow any toll which for the like description of goods or for'^""^^^^ passengers carried under substantially similar circumstances and conditions in the same directions over the same line is greater short haul for ,'a shorter than for a longei distance, the shorter being included <='*"*'' in ihe longer distance unless the Minister is satisfied that owing to competition it is expedient to allow such toll; the Minister Competitive may declare that any places are competitive points within the''"""^ meaning of this Act. (4) No company shall except in accordance with the provisions Pooling of this Act directly or indirectly pool its freights or tolls with"'""''"^ the freights or tolls of any other railway company or common carrier nor divide its earnings or any portion thereof with any other railway company or common carrier nor enter into any contract, arrangement, agreement or combination to effect or which may effect any such result without leave therefor having been obtained from the Minister. 308. All companies shall according to their respective powers Duty of oom- afford to all -persons and companies all reasonable and proper reMonabw"'^'* facilities for the receiving, forwarding and delivering of traffic '""^^a for upon and from their several railways for the interchange of warding and traffic between their respectiive railways and for the return of ^S^'Sfthout rolling stock; and no company shall make or give any undue partiality »nd or unreasonable preference or advantage to or in favour of any unreasonable particular person or company or any particular description''^'''' of traffic in any respect whatsoever nor shall any company by p>fference of any unreasonable delay or otherwise howsoever make any difference "^ "^ in treatment in the receiving, loading, forwarding^ unloading or delivery of the goods of a similar character in favour of or against any particluar person or company nor subject any particular person or company or any particular description of traffic to an undue or unreasonable prejudice or disadvantage in any respect Pndue pre- whatsoever; nor shall any company so distribute or allot its Ssadtantage freight cars as to discriminate unjustly against any locafity or industry or against any traffic which may originate on its railway destined to a point on another railway in Alberta with which it connects; and every company which has or works a railway forming part of a continuous line of railway with or which intersects any other railway or which has any terminus, station or wharf near to any terminus, station or wharf of any other railway shall afford all due and reasonable facilities for deUvering to such other railway or for receiving from and forwarding by its railway all the traffic arriving by such other railway without any unreasonable delay and without any such preference or advantage or prejudice or disadvantage as aforesaid and so that no obstruction is offered to the.pubfic desirous of using such railways as a continuous line of communication and so that all reasonable accommodation by means of the railways of the several companies is at all times afforded to the public 349 1907 Cap. 8 RAILWAYS AgreementBin in that behalf; and any agreement made between any two or vioataonvoid j^^j.^ Companies contrary to this section shall be imlawful, null and void. MiSt^'to (2) '^^^ Minister may determine as questions of fact whether determine what or not traffic is Or has been carried under substantially similar tiSiy^suSiM circimistances and conditions and whether there has in any case md^rrfer^' ^^^^ unjust discrimination or undue or unreasonable preference enoe, etc. Or advantage or prejudice or disadvantage within the meanii^ of this Act or whether in any case the company has or has not compUed with the provisions of this and the last preceding section; and may by regulation declare what shall constitute substantially similar circmnstances and conditions or unjust or unreasonable preferences, advantages, prejudices or (fisadvantages within the meaning of this Act or what shall constitute compliance or noncompliance with the provisions of this and the last preceding section. (3)' The reasonable facilities which every railway- company is required to afford under this section shall include reasonable facilities for the jimction of private sidings or private branch railways with any railway belonging to or operated by any suoh company and reasonable facilities for receiving, forwarding and delivering traffic upon and from those sidings or private branch railways and the adequate and suitable accommodation referred to in section 168 of ,this Act shall include the reasonable faciUties above mentioned together with the placing of cars and moving them upon and from such sidings and private branch railways. (4) For the purposes of this section or of section 168 of this Act the Minister may order that specific works be constructed or carried out or that property be acquired or that specific tolls be charged or that cars, motive power or other equipment be allotted, distributed, used or moved as specified by the Minister or that any specified steps, systems or methods be taken or followed by any particular company or companies or by railway companies generally. Burden of proof respect- ing iiniust ^ discrimination^ etss. What Mimster may consider in aeterinimn& unjust dis- crimination Apportionment of toll for carriage by land and water 309. Whenever it is shown that any company charges one person, company or class of persons or the persons in any district lower tolls for the same or similar goods or lower tolls for the same or similar services than they charge to other persons, companies or class of persons or to the persons in another district or makes any difference in treatment in respect of such companies or persons the burden of proving that such lowe;r toll or difference in treatment does not amount to an undue preference or an unjust discrimination shall lie on the company. (2) In deciding whether a lower toll or difference in treat- ment does or does not amount to any undue preference or unjust discrimination the Minister may consider whether such lower toll or difference in treatment is necessary for the purpose of securing in the interests of the public the traffic in respect of which it is made and whether such object cannot be attained without unduly reducing the higher tolls. (3) In any case in which the toll charged by the company for carriage partly by rail and partly by water is expressed in a single sum the Minister for the purpose of determining whether a toll charged is discriminatory or contrary in any way to the 350 RAILWAYS Cap. 8 1907 provisions of this Act may require the company to declare forth- with to him or may deterinine what portion of such single sum is charged in respect of the carriage by rail. EXPEBSS COMPANIES. 310. Every company which grants any facilities for the carriage Equal facilities of goods by express to any incorporated express company orJoexpnaB** person shall grant equal facilities on equal terms and conditions """"p*"'™ to any other incorporated express company which demands the same. COLLECTION OF TOLLS. 311. In case of refusal or neglect of payment on demand' oi^^^'^^^^ any lawful tolls or any part thereof the same shall be recover- toiu able in any court of competent jurisdiction; or the agents or servants of the company may seize the goods for or in respect whereof such tolls are payable and may detain the same imtil payment thereof and in the meantime the said goods shall be at the risk of the owners thereof. (2) If the tolls are not paid within six weeks and where the saie of godas goods are perishable goods if the tolls are not paid upon demand *° "'^'=°'^" ^^ or if such goods are liable to be destroyed while in the possession of the company by reason of delay in payment or taking deUvery by the consignee the company may advertise and sell the whole or any part of such goods and out of the money arising from such sale retain the tolls payable and all reasonable charges and expenses of such seizure, detention and sale and shall deliver the surplus if any or such of the goods as remain unsold to the person entitled thereto. (3) If apy goods remain in the possession of the company undaimed unclaimed for the space of twelve months the company ina,y'°°^' thereafter and on giving public notice thereof by advertise- ment for six weeks in The Alberta Gazette and in such other news- papers as it deems necessary sell such goods by public auction saie at a time and place which shall be mentioned in such advertise- ment and out of the proceeds thereof pay such tolls and all reason- AppUoation able charges for storing, advertising and selling such goods; and of proceeds balance of the proceeds if any shall be kept by the company for a further period of three months to be paid over to any person entitled thereto. (4) In default of such balance being claimed before the unclaimed ejcpiration of the period last aforesaid the same shall be deposited " ™°** with the Provincial Treasurer for the public use of the province but may be claimed by the person entitled thereto at any time within six years from the date of such deposit. INTERCHANGE OF TRAFFIC. 313. The directors of any railway company may at any time one company and from time to time make and enter into any agreement or^^{|gJ,^g, arrangement with any other company either in this province or else- resecting where for the regulation and interchange of traffic passing to*™ " and from the railways of the said companies and for the working of the traffic over the said railways respectively or for either of those objects separately and for the division and appointment 351 1907 Cap. 8 RAILWAYS Proviso and condition with respect to auch agreement or arrangement Procedure for obtaining sanction of Lieutenant Governor in Coimcil to same Notice of application to the Minister Action of Minister Duplicate original to be filed with Minister Minister may exempt from conditions Saving of tolls, rates and charges in respect of such traffic and generally in relation to the management and working of the railways or any of them or any part thereof and of any railway in connection therewith for any term not exceeding twenty-one years and to provide either by proxy or otherwise for the appointment of a joint committee or committees for the better carrying into effect such agreement or arrangement with such powers and functions as may be considered necessary or expedient subject to the consent of two-thirds of the shareholders voting in person or by proxy and subject to the following provisions: (a) The proposed agreement or arrangement shall not be inconsistent with the provisions of this or the special Act; (&) Before the same can come into effect the sanction of the Lieutenant Governor in Council upon the recommendation of the Minister must be first obtained. (2) The procedure for such sanction shall be as follows: When the consent of the shareholders has been obtained as above set forth and the proposed agreement or arrangement has been duly executed it shall be submitted to the Minister with an application for a recommendation to the Lieutenant Governor in Council for the sanction thereof; notice of the proposed appli- cation therefor shall be published in The Alberta Gazette for at least one month prior to the time to be stated therein for the making of. such application; upon such notice being given the Minister shall grant or refuse such application but if he grants the same he shall make a recommendation to the Lieutenant Governor in Council for the sanction of such agreement or arrangement; and upon such agreement or arrangement being sanctioned by the Lieutenant Governor in Council the duplicate original of such agreement or arrangement shall upon being sanctioned be filed in the office of the Minister of Railways and Telephones: 1909, c. 5, s. 11; 1911-12, c. 10, s. 6. Provided that the Minister may by order or regulation exempt the company from complying with any of the foregoing conditions with respect to any such agreement or arrangement made or entered into by the company for the transaction of the usual and ordinary business of the company and where such consent of the shareholders is deemed by the Minister to be unnecessary. (3) Neither the making of any such arrangement or agree- ment or anything therein contained nor any approval thereof shall restrict, limit or effect any power, by this Act vested in the Minister or relieve the companies from complying with provisions of this Act. OFFENCES AND PENALTIES. Liability of company, etc. in cases specified Penalty 313. Every company, director or officer doing, causing or perniitting to be done any matter, act or thing contrary to the provisions of this Act or the special Act or the orders or direction? of the Lieutenant Governor in Council or of the Minister made hereunder or omitting to do any matter, act or thing required to be done on the part of any such company, director or officer is liable to any person injured thereby for the full amount of damages sustained by such act or omission; and if no other penalty is in this Act or the special Act provided for any such act or omission is liable for each offence to a penalty of not less 352 RAILWAYS Cap. 8 1907 than twenty dollars and not mjre than five thousand dollars m the discretion of the court before which the same is recoverable. 214. Every person from whom any company exacts any Damages for unjust or extortionate toll, rate or charge shall in addition to t^"*'""*'' the amount so unjustly exacted be entitled to recover from the company as damages an amount equal to three times the amount so unjustly exacted. 315. Every officer or servant of any company or any person Penalty for employed by it who directs or knowingly permits any freight, ^^f-jfreaJ^of* merchandise or lumber car to be placed in the rear of a passenger passenger oars car shall be guilty of an offence against this Act. 316. Every conductor, locomotive engineer, train despatcher, intoxication telegraph operator, station agent, switchman, signal man, bridge "^'^y*^ tender, or any other person who is intoxicated, or under the influence of liquor, while on duty, in charge of or in any employ- ment having to do with the movement of trains upon any railway is guilty of an offence, and upon sununary conviction, shall be pun- ished by fine, not exceeding four hundred dollars, or imprisonment, not exceeding six months, or both, in the discretion of the court before which the conviction is had, and according as such court considers the offence proved to be more or less grave as causing injury to, or as exposing or likely to expose to injury, although no actual injury occurs to any person or property. (2) Every person who sells, gives, or barters any spirituous saie of liquor or intoxicating liquor to or with any servant or employee of g^p^jjy^ any company, while on duty, is liable on summary conviction on duty to a penalty not exceeding fifty dollars, or to imprisonment with or without hard labour for a period not exceeding one month, or to both. 317. Ever}' officer or servant of and every person employed Punishment by the company who wilfully or negligently violates any of the*g°''„^°^^°" provisions of this Act or any by-law, rule or regulation of theby-iaws company lawfully made and enforced or any order or Sotice of the Lieutenant Governor in Council or of the Minister of which a copy has been delivered to him or which has been posted up or open to his inspection in some place where his work or his duties or any of them are to be performed if such violation causes injury to any person or to any property or exposes any if injury is, '' ■' X i j.i_ • 1 / . '^ ^ •' J ^ u • 1 caused or risk person or any property to the risk of injury or renders such risk of injury is greater than it would have been without such violation although '°°'^«'*=^'* no actual injury occurs shall be guilty of an offence against this Act and shall upon summary conviction in the discretion of the court before which the conviction is had and according to such court considers the offence proved to be more or less grave or the injury or risk of injury to person or property to be more or less great be punished by fine or imprisonment or both; but no suchp^j^^^y fine shall exceed four hundred dollars and no such imprisonment limited shall exceed the term of six months. 318. Such penalty shall belong to His Majesty for the public AppUcation uses of the province. °''™'^*^ 353 1907 Cap. 8 RAILWAYS Deduction of 319. The Company may in all cases under the last three wagra*o/"™ preceding sections pay the amount of the penalty and costs recovery g^jj^j recovcr the Same from the offender or deduct it from his salary or pay. SS'^iSation 9^0. Every person who wilfully or negligently violates any of by-laws, etc., by-law, rule or regulation of the company shall be liable for generally ^^^j^ offcnce to a penalty not exceeding the amount therein prescribed or if no amount is so prescribed to a penalty not exceeding twenty dollars; but no such person shall be convicted of any such offence unless at the time of the commission thereof a printed copy of such by-law, rule or regulation was openly fixed to a conspicuous part of the station at which the offender entered the train or at or near which the offence was committed. Exception Penalties in other cases 331. In the case of any violation of any of the pro^nsions of this Act for which no special penalty is provided the company so violating any of the said provisions shall be liable to a penalty of one hundred dollars for each and every violation and for each and every day's continuation of such violation. Application of other fines ^ and penalties 383. All the fines, forfeitures and penalties recoverable under this Act the appUcation whereof is not otherwise provided for shall be paid into the treasury of the province. Collection of penalties, how enforced 333. The collection of any of the penalties provided for in this Act where the same are incurred by any railway company may be enforced by a sale of any of the company's property not- withstanding the existence of any niortgage, lien, encumbrance or deed of trust to secure the payment of any liability. RETURNS AND STATISTICS. Annual returns to be prepared What_period to be included Date of returns Further returns when required 334. Every company shall annually prepare in accordance with forms which shall from time to time be provided and supplied to the companies by the Minister, returns of its capital, traffic and working expenses and of all information required as indicated in si&h forms to be filed with the Minister, and such returns shall be dated and signed by and attested upon the oath of the secretary of the company and of the president or in his absence of the vice-president or manager, of the company. (2) Such returns shall be made for the period included from th'e date to which the then last yearly returns made by the company extended or from the commencement of the operation of the railway if no such returns have been previously made and in either case down to the last day of December in the preceding year. (3) A duplicate copy of such returns dated, signed and attested in manner aforesaid shall be forwarded by such company to the Minister withia three months after the last day of December in each year. (4) The company shall also in addition to the information required to be furnished to the Minister as indicated in subsection 1 hereof furnish such other information for statistical purposes or otherwise and returns as are from time to time required by the Minister or as shall hereafter be ordered by the Legislature. 354 RAILWAYS Cap. 8 1907 (5) The Minister shall transmit the returns so made to the Returns to be Lieutenant Governor in Council who shall lay the same before f^^ative*" the Legislature within twenty-one days from the commencement Assembly of each session thereof. 335. The company shall within ten days after the &st days Retmns of of January and July in each and every year make to the Minister b^iiS? *° under the oath of the president, secretary or superintendent =«°"-»''""»''y of the company a true and particular return of all accidents and casualties (whether to persons or property) which have occurred on the railway of the company during the half year next preceding each of the said periods respectively setting forth : 1. The causes and natures of such accidents and casualties; 2. The points at which they occurred and whether by night or by day; 3. The full extent thereof and all particulars of the same; and shall also at the same time return a true copy of the existing by-laws of the company and of their rules and regulations for the management of the company and of the railway. 336. The Minister may order and direct from time to time Forms to be the form in which such returns shall be made. Mmstw* '"' 337. All such returns relating to accidents made in pursuance Such returns of the provisions of this Act shall. be privileged communications p°i5aeged and shall not be evidence in any court whatsoever except to™^'""'=»- enforce the penalties for failure or neglect to furnish such returns '""^ as required by this Act. 338. Every company shall weekly prepare returns of its weeUy returns traffic, that is to say, from the first to the seventh of the month °' *''*®° inclusive, from the eighth to the fourteenth inclusive, from the fifteenth to the twenty-first inclusive and from the twenty-second to the close of the month inclusive; and such returns shall be in accordance with forms to be provided and supphed to the companies by the Minister; and a copy of such returns signed by the officer of the company responsible for the correctness of such returns shall be forwarded by the company to the Minister within seven days from the day to which the said retmns have been prepared; the Minister may in any case extend the time within which such returns shall be forwarded. 339. The Minister may from time to time by notice served-Retums to •upon the company or any oflScer, servant or agent of the company ^'"Jf^l' require it or such officer, servant or agent to furnish the Minister liabilities at or within any time stated in such notice a written statement or statements showing in so far and with such detail and particulars as the Minister requires the assets and liabiUties of the company and the amount of its stock issued and outstanding, the date of stock at which any such stock was so issued, the amount and nature 'oX^^nSng of the consideration received by the company for such issue and in case the whole of such consideration was not paid to the company in cash the nature of the service rendered to or property received by the company for which any stock was issued, the gross earn- ot earnings ings or receipts or expenditure by the company during any periods l^pgn^it^jg specified by the Minister and the purposes for which such expendi- 355 1907 Cap. 8 RAILWAYS Of bonuses Of bonds Of secured liabilities Of cost of property Of cost of acquirements Of leases and contracts Generally ture was made, the amount and nature of any bonus, gift or subsidy received by the 'company from any source whatsoever, and the source from which and the time when and the circiun- stances under which the same was so received or given, the bonds issued at any time by the company and what portion of the same are outstanding and what portion if any have been redeemed, the amount and nature of the consideration received by the company for the issue of such, bonds, the character and extent of any liabilities outstanding chargeable upon the property or undertaking of the company or any part thereof and the con- sideration received by the company for any such liabilities and the circumstances under which the same were created, the cost of construction of the company's railway or of any part thereof, the amoimt and nature of the consideration paid or given by the company for any property acquired by it, the particulars of any lease, contract or arrangement entered into between the company and any other company or person, and generally the extent, nature, value and particulars of the property, earnings and business of the company. Powers of Minister respecting returns On inquiries respecting same Production of documents 330. The Minister may sxunmon, require the attendance of and examine under oath any officer, servant or agent of the company or any other person as to any matters included in such return or which were required by notice aforesaid to be returned to the Minister, and as to any matter or thing which in the opinion of the Minister is relevant to such return or to any inquiry which the Minister deems it expedient to make in connection with any of the matters in the foregoing section; and for such purposes may require the production to him of any books or documents in control of the compajiy or such officer, servant, agent or person. Refusal to make returns Penalties 331. If any company or officer, servant or agent thereof wilfully or negligently refuses to make the returns required by this Act or by the Minister under the authority thereof when and as thereunto required by the Minister or fails to make any such return to the utmost of its or his knowledge or means of knowledge the company and every such officer, servant or agent so in default shall severally be liable to a penalty not exceeding 11,000. Making false returns to Minister 333. If the company or any officer, servant or agent thereof wilfully or negligently makes any false returns or any false statement in any such return the company and any such officer, servant or agent shall be severally liable to a penalty not exceed- ing $1,000 and such officer, servant or agent shall also on summary conviction be liable to imprisonment for any period not exceeding twelve months in the common jail of the district where such conviction is had. ACQUISITION OF RAILWAYS BY THE PROVINCE. Government may acquire railways 333. Where the Government of Alberta requires any rail- way or portion of any railway which is subject to the legislative authority of the province and which is owned by any person, corporation or company the acquisition of which is in the judg- ment of the Lieutenant Governor in- Council necessary or proper 356 RAILWAYS Cap. 8 1907 in the public interest such railway or any portion thereof may be acquired by the government under agreement or contract in case of with the owner or owners thereof and in the event of the Lieu-^h^^n'rs tenant Governor in Council faiUng to negotiate a satisfactory agreement or contract with the owner or owners for the acquisition of the same then in that event it shall be lawful for the Lieu- procedure in tenant Governor in Council after giving one year's notice to the"^^"^!^"*"' owner or owners of its intention so to do (which notice shall be agreement served upon the president, manager, secretary or agent of such railway within the province) enter into, take poesssssion of, assume the ownership of and hold the said railway or any such portion thereof; and upon such entry, possession and assumption of ownership the title to the railway so taken shall immediately and absolutely vest in His Majesty in the right of the province and the same shall from and after such taking be under the manage- ment, administration and control of the Minister. (2) The Government shall pay the owner or owners as com- Payment of pensation the sum agreed to be paid in such contract or agreement a^ed'upo™ and shall pay the same in the manner and at the times therein set forth; and in the event of said railway being taken without agreement or contract (but upon such notice as in this section before set forth) then the government shall pay the owner or owners therefor such amount of compensation as shall be ascer- Compensation tamed and awarded by arbitration of three arbitrators as herein- ^btoftlot''^ after set forth. 334. In the event of said agreement or contract not specifying wten the amount of the compensation to be paid but providing thatgJaiUpp™ the same be fixed or ascertained by arbitration, or in the event of there being no agreement or contract entered into and arbitral tion becoming necessary under the foregoing section hereof then or in either event the Lieutenant Governor in Council may serve prooedm-e the company with a notice of arbitration in which notice shall be stated the name of the arbitrator appointed by the Lieutenant Governor in Council; such notice shall be served on the owner or owners at least four weeks and shall call upon the owner or Owner to owners to name an arbitrator within four weeks from the time ^^t^,|^°°'"' of such service. (2) When the last mentioned notice has been given on the if owner part of the Lieutenant Governor in Council and the owner or^fgilftj^hen owners of such railway refuses or for four weeks after the service "Wtrator . of such notice neglects to name such arbitrator then such arbitrator by jullf ""' * shall be appointed by a judge and shall for all purposes be considered and held to be the arbitrator appointed by or on behalf of the owner or owners so notified. 335. If the party to be the third arbitrator or umpire is not Third arw- aped upon and appointed in writing by the two arbitrators *|,*\°^,i*gy*'^ aforesaid or if the appointment of the third arbitrator or umpire two chosen IS not notified to the Lieutenant Governor in Coimcil within thu-ty days after the second of the two arbitrators has been chosen or appointed (and his appointment notified to the Lieu- 1^ case not tenant Governor in Council) then the third arbitrator shall ^»ln by be appointed by the chief justice of the Supreme Court of Alberta. a^rliTcoLt Alberta 357 1907 Cap. 8 RAILWAYS Oath of arbitrators Award Procedure Arbitrators, etc., entitled to.teavel on trains Former arbitration provisionB shall apply 336. The arbitrators shall be sworn before a judge faithfully and impartially to perform the duties of their office and shall proceed to ascertain such compensation in such way as they deem best; and the award of such arbitrators or any two of them shall be final and conclusive except as hereinafter provided; but no such award shall be made nor any official act be done by such majority except at a meeting held at a time and place of which the other arbitrator has had at least five clear days' notice or to which some meeting at which the third arbitrator was present had been adjourned. SSI. Every such arbitrator and also a reasonable number of experts or other persons forming the staff or staffs of the arbitrators shall have the right at all or any time or times until the making and publication of the award of the arbitrators to travel on any trains which pass over any of the railways in respect to which such arbitrators are to make their valuation or award free of all charge and shall be carried from station to station in such manner as to enable them to make full examin- ation of such railways and all the appurtenances; any person or company who refuses to the said arbitrators or any of them or any of their attendants the facilities mentioned in this section shall be liable to a penalty for each offence of four hundred dollars. 338. Tbe provisions of this Act with respect to arbitration to fix the value of land expropriated by the company in so far as the same are applicable shall be applied to and govern such arbitration proceecfings taken under the five last preceding sections. Application to existing companies GENERAL. 339. All railway companies heretofore incorporated by special Act of the Legislature of Alberta shall be subject to the provisions of this Act as well with respect to matters dealt with in the special Acts respectively incorporating such companies as with respect to matters not referred to therein; and the provisions of this Act in respect to matters dealt with in such special Acts shall supersede the provisions of such special Acts respectively with regard thereto: Provided, however, that the time limited for the construction of the railways by such, special Acts authorized to be constructed as provided in section 68 of this Act shall begin to run from the time when this Act comes into force, and for the purpose of such section the date of the incorporation of such companies shall be deemed and taken to be the date when this Act comes into force; and for greater certainty it is declared that com- pliance with the provisions of this Act with regard to filing of plans, profiles and books of reference, shall as regards such companies so incorporated be deemed and taken to be a complete compliance with any of the provisions of such special Acts having reference to the filing and deposit of any plan or plans, profile or profiles or book or books of reference with the Minister of Public Works. Certain sec- tions of Companies Ordinance to apply 340. Sections 25 to 38, both inclusive, and sections 41 to 61, both inclusive, of The Companies Ordinance and all amend- ments and alterations thereof shall be and the same are hereby 358 RAILWAYS Cap. 8 1907 incorporated with and shall be deemed to be a part of every special Act of the Legislative Assembly of the province incor- porating a railway company which has a capital divided into shares except it be expressly declared to the contrary in the special Act and except so far as the same or any of them may be inconsistent with the express enactment thereof or of this Act. 341. iNp company or municipal corporation operating a street cars not street railway, tramway o;* electric railway, shall operate the sunSay"*" °° same or employ any person thereon on the first day of the week commonly called Sunday, except for the purpose of keeping the track clear of snow or ice, or for the purpose of doing other work of necessity. For every train or car run or operated in violation of this section, the company or corporation shall forfeit and pay the sum of $400, to be recovered in any court having jurisdiction in civil cases, for the amount, by any person suing for the same under this section and for the purpose thereof. The action for the recovery of the said sum shall be brought before a court having jurisdiction as aforesaid in the place from which such train or car started, or through which it passed or at which it stopped in the course of such operation. All moneys recovered under the provisions of this section shall be paid to the Provincial Treasurer and shall form part of the general revenue of the province. Section 241 of The Railway Act shall cease to apply to any street railway, tramway, or electric railway operated within the municipal limits of any one or more of the cities of Calgary, Edmonton or Strathcona upon the ratepayers or burgesses of such city or cities respectively determining by a majority vote taken upon a plebiscite to determine if a majority of the said ratepayers or burgesses are desirous that the company or municipal corporation operating such railway shall be permitted so to operate their said street railway, tramway or electric railway on the first day of the week commonly called Simday, that the said company or municipal corporation shall be permitted so to operate their said street railway, tramway or electric railway on Sunday and the council of any of the said cities may provide by by-law or resolution for the taking of a plebiscite under the provisions of this section, in such manner and form and at such time or times as shall be set out in the said by-law or resloution, and may by any such by-law or resolution, or by any other by-law or resolution, provide for the payment out of the funds of such city of the expenses necessary for the taking of such plebiscite. 1909, c. 4, s. 16. 359 1907 CHAPTER 9. An Act to further amend Chapter 89 of The Consolidated Ordinances of the North-West Territories, 1898, inti- tuled "An Ordinance respecting the Sale of Intoxicating Liquors and the Issue of Licenses Therefor." {Consolidated in the Liquor License Ordinance.) 1907 CHAPTER 10. An Act respecting Villages. (Repealed 1913 (1st Session), c. 5, s. 159.) ano 1907 CHAPTER 11. An Act respecting Local Improvements. (Assented to March 15, 1907.) UIS MAJESTY, by and with the advice and consent of the *■ * Legislative Assembly of the Province of Alberta, enacts as follows: SHORT T|TLE. 1. This Act may be known as " The Local Improvement Act." ^°'^ *'"* INTERPRETATION. 2. In this Act unless the context otherwise requires — interpretation 1. "Minister" means Minister of Municipal Affairs; 1911-12. Minister c. 4, s. 23 (1). 2. "Department" means the Department of Municipal Affairs ■'epa"'t™eit of the Province of Alberta; 1911-12, c. 4, s. 23 (2) 3. "Local improvement branch" means the local improvement ^,Spro^ement branch of the department; branch 4. "Tax commissioner" means tax commissioner of the Tax department; oommissioner 5. "District" means a district constituted under the provisions District of this Act; 6. "Division" means a division of a district; Division 7. "Large district" means any large local improvement district Large district constituted under the provisions of this Act; 8. "Outlying area" means any portion of the province no partarea^* of which is within a municipality, village or district; council 9. "Council" means a council of a district; 10. "Councillor" means a member of any district council CounciUor and includes the chairman of the council; 11. "Secretary" means the secretary of a council, and includes secretary any person for the time being appointed by such council to perform the duties of secretary, treasurer or secretary-treasurer; 12. "Elector" means a person qualified to vote at any election Elector under this Act; 13. "Owner" includes any person who has any right, title or Owner estate whatsoever or any interest other than that of mere occupant in any land; 14. "Inspector" means local improvement district inspector; inspector 15. "Occupant" includes the inhabitant occupier of any land, occupant or if there be no inhabitant occupier, the person entitled to the possession there;of, and the leaseholder or holder under agree- ment for lease and holder under agreement for sale and any person having or enjojdng in any way or for any purpose whatsoever the use of land; 16. "Ratepayer" means any owner or occupant over twenty- Ratepayer one years of age of land in any district; 361 1907 Cap. 11 LOCAL IMPROVEMENTS Resident Taxable person Land, lands, real property Public notice Prescribed Gazetted Person Year Territorial unit 17. "Resident" means any owner or occupant of land over twenty-one years of age residing in any area proposed to be organized or established as a district; 18. "Taxable person" means any person who may be taxed in respect of ownership or occupancy of any land; 19. "Land," "lands" ,or "real property" includes lands, tenements and hereditaments and any estate or interest therein; 20. "Public notice" or "published" means a notice published in some newspaper issued in or near the area within which notice is to be given or by written or printed placards containing the notice affixed to public places within the area. In cases where notice is required to be given of any doctmient or its con- tents it shall be sufficient if the notice sets forth the object, purport or general effect of the document; 21. "Prescribed" means prescribed under or by this Act or by any regulation or resolution made under its authority; 22. "Gazetted" means published in the official gazette; 23. "Person" includes corporations, joint stock companies and partnership; 24. "Year" means the calendar year; 25. "Territorial unit" means any portion of the province included within the limits of a mvmicipality proposed to be organized under The Rural Municipality Act, as shown on the map referred to in section 9 of the said Act, and not organized as a municipality or district and excluding therefrom the area of any city, town or village established therein. 1911-12, c. 4. s. 23 (3). Disorganiza- tion of district 3. Every district then existing under the provisions of this Act shall on, from and after the second Monday in December, 1912, become and be disorganized and cease to exist as a district: Provided that the person who was secretary of each such district shall continue to collect such taxes as were immediately before such disorganization due such district until notified by the Minister to cease, whereupon he shall hand over to the secretary of the district or districts or of the rural municipaUty or rural municipalities, as the case may be, entitled thereto according to the adjustment made of the assets and habilities of the district disorganized, as hereinafter provided, all taxes so received by him and all other moneys which he may have in his possession or under his control apportioned to any township that was comprised in the district so disorganized and shall forward a statement thereof to the Minister: Provided further that such person shall in the year 1913 compile the return of arrears mentioned in section 91 hereof and for such service and any other service performed by him after said second Monday in December, 1912, he shall be paid rateably by the districts and rural municipalities that include any township or part thereof that formed a part of the district so disorganized: And provided further that such person shall retain' and be accoimtable for the safe keeping of the funds, books, records and documents that belonged to the district so disorganized until the Minister notifies him what disposition to make thereof. 1911-12, c. 4, s. 23. Winding up of district 4. Every council shall before the fifteenth day of November, 1912, or such later date as the Minister may determine, wind 362 LOCAL IMPROVEMENTS Cap. 11 1907 up the affairs of the district, settle and adjust all its assets and liabiUties and apportion the same fairly and equitably among the townships included in such districts. 1911-12, c. 4, s. 23. 5. Every council shall not later than the said fifteenth day statement of November, 1912, forward to the Minister a statement showing warfedTo in detail the outstanding assets and liabilities of the district '^™^*«'' and the apportionment thereof among the townships included in such district. • 1911-12, c. 4, s. 23. (2) For the purpose of winding up the affairs of the district, every council may sell and dispose of by public auction or private sale any personal property belo'nging to such district. 1911-12, c. 4, s. 23. 6. Every council shall cause a notice, in the form herein Notice to prescribed, to be published in two consecutive issues of y^g-fii^ "a^^e Alberta Gazette and once a week for four consecutive weeks in some newspaper pubUshed in the district, or if -there be no news- paper published therein in the newspaper whose publication is nearest thereto; the last publication of such notice shall not be later than the first day of November, 1912. 1911-12, c. 4. s. 23. (2) Any person who fails or omits to forward to the secretary of the district before the seventh day of November, 1912, as aforesaid, particulars of his claim against such district shall be debarred of his right to recover the same from such district or from any other district liable for the liabilities of such first mentioned district. 1911-12, c. 4, s. 23. (3) Such notice shall be in the following form: NOTICE. Local Improvement District No. {give number). Notice is hereby given that all persons having claims against Local Improvement District (jgive number) are required to send particulars of such claim to {name and post office address of secretary), the secretary of said district, before the seventh day of November, 1912, and that any person who fails to or omits to do so shall be debarred of his right to recover the same from said district or any other district that may be liable for the liabilities thereof. Dated at this day of 19 Secretary, 1911-12, c. 4, s. 23. Local Improvement District {give Number). 7. In case the council shall disagree as to the proper adjust- Minister ment, settlement or apportionment of the assets and liabilities ^^p^^ of the district among the townships included therein the Minister may appoint one or more persons who shall have power to adjust, settle and apportion among such townships the assets and habilities of the district and such person or persons shall have access to all books, records, papers and documents belong- ing to the district and any adjustment, settlement or apportion- ment made by such person or persons shall be binding- on the district and on, the townships thereof; such person or persons shall receive such remuneration from the district as the Minister 363 1907 Cap. 11 LOCAL IMPROVEMENTS may determine, and the person or persons so appointed shall have power to require the attendance during the course of such adjustment, settlement or apportionment of any councillor or officer of the district or of any other person whose presence he or they may deem necessary and shall have the same power as is exercisable by any judge or court in civil cases to compel the attendance of any such councillor, officer or other person before him or them, to compel the production of documents and to take evidence under oath. 1911-12, c. 4, s. 23: Reorganization of districts 8. The Minister may by order — Adjustment of assets and liabilities (a) (b) (d) {Repealed 1913 (2nd Session), c. 2, s. 14.) From time to time change the name or number of any district; (c) From time to time change the boundaries of any or all of the divisions of any district; Whenever any area within a district is constituted a village under the provisions of The Village Act, being chapter 10 of the Statutes of Alberta, 1907, or any Act passed in amendment or substitution thereof, or included ■within the limits of a town or city, withdraw such area from the district and adjust all assets, rights, liabihties and matters between the district and such village, town or city; (2) Any order made under clause (a) of this section shall take effect only on, from and after the second Monday of December next following the date of such order. Provided that the Minister may require that an order made prior to the first day of April in any year shall take effect as soon as made. 1911-12, c. 4, s. 23; 1913, c. 9, s. 16(1). 8a. Whenever any district, constituted on or after the said second Monday in December, 1912, includes a township or townships that theretofore formed a part of a district all the assets and 'liabilities apportioned to each such township shall respectively be used for the benefit of and be a charge upon such township alone: Provided, however, that save as between such township and district, so constituted, such assets and liabilities shall be deemed to be the assets and liabilities of the district: Provided further that all arrears of taxes apportioned to any such township may be collected by such district in all respects as though such arrears were originally due to such district: And provided further that such district may by a special rate or rates levy on such township such tax as may be necessary to raise a sum sufficient to discharge any liability apportioned to such township. 1911-12, c. 4, s. 23. Rectification 9. Any error made in any order under this part of this Act orde?"™ may be rectified by the Lieutenant Governor in Council by any subsequent order. Order not invalid for irregularity 10. No order purporting to be made under this Act shall be deemed invalid on account of any failure of any of the con- ditionp of any noncompliance with any of the matters required by this Act as preliminary to such order and no misnomer, 364 LOCAL IMPROVEMENTS Cap. 11 1907 inaccurate description or omission in any such order shall in any- wise suspend or impair the operation of this Act with respect to the matter or thing so misnamed, misdescribed or omitted. DISTRICT COTJNCILS. 11. Every district shall be governed by a council composed goj"?^ '<"■ of not more than six and not less than three members, one of whom shall be elected from each of the divisions of the district which may be made by the Lieutenant Governor in Council. QUALIFICATION OP MEMBER OF COUNCIL. 13. Every male person of the age of twenty-one years who Qualifications is the owner or occupant of rateable land within the division, °' '""™'=^" who shall have paid all taxes due the district in respect of such land who is not under any of the disabilities hereinafter specified and who is a duly qualified elector of the division, shall be qualified to be elected as a member of the council; such councillor shall be a resident of the district for which he is elected. 1908, c. 20, s. 21 (1). COUNCILS. 13. No person who — • Disqualification 1. Is concerned or participates in the profit of any contract with the council; or 2. Has been convicted of any criminal offence subject to imprisonment for three years or more; or 3. Is undergoing a sentence of imprisonment; shall be capable of being or continuing a member of coimcil: Provided that nothing herein shall disqualify any person from being or continuing a councillor. solely because- he is con- cerned or participates in a transaction with the council in respect of— (a) A lease, sale or purchase of lands; or (6) An agreement of such lease, sale or purchase; or (c) An agreement for the loan of money or any security for the payment of money; or (d) A contract entered into by any incorporated company for the general benefit of such company; or (e) A contract for the publication of any advertisement or advertisements in a public newspaper. 14. The oSice of a member or chairman shall be vacated — How office. 1. If he is, or has become, disqualified or has ceased to be^*°*'° qualified, under the provisions of this Act; or 2. If he has been absent from three or more consecutive meetings of the council; or 3. If he is ousted from his office by order of a judge of the Supreme Court. RETIREMENTS OR VACANCIES. 15. Any member or chairman may resign his office by writing Resignation under his hand addressed to the secretary of the council and °' "'^'"''^'' such resignation shall be complete from the time when it is received by the secretary. 365 1907 Cap. 11 LOCAL IMPROVEMENTS Lieutenant 16. Whenever the residents of any division of a district ap°JoTiS" "^"'^ constituted under this Act neglect or refuSe to elect a councillor, oouncuior ^{jg Lieutenant Governor in Council niay appoint someone to act as councillor in such division. Lieutenant Governor . may appoint official councillor 17. The Lieutenant Governor in Council may appoint an official councillor to conduct the affairs of one or more divisions of a district and such official councillor shall have within the division or divisions for which he is appointed all the powers and authorities of a councillor conferred by this Act and in all proceedings of any council meetings shall have one vote for each division represented by him and the Lieutenant Governor in Council shall make such order as he may see fit for the remuneration of such official councillor by the council out of the funds of the division or divisions represented by him and upon the appointment of any such official councillor any councillor who may have been previously elected shall cease to .hold office as such. In case the official councillor is appointed for all the divisions of a district he shall have all the powers granted to a council under this Act. OUSTER OF OFFICE. Removed by 18. At any time within one month of the election of any or er o ju ge pgj.gQjj ^ chairman or member of a council upon an affidavit showing that any such person has been elected unduly or contrary to this Act or that any such person has been elected to or holds or exercises any such office being incapable under the provisions hereof of holding or continuing to hold the same, and upon the payment into the court of the sum of $25 as security for costs to abide the event of the application it shall be lawful for the judge of the District Court of the judicial district within which the district is wholly or partly situate, or if the district is equally situate within more than two judicial districts for the judge of the District Court of any such judicial district, to grant a summons calling upon such person to show cause why he should not be ousted of the office; and where upon return of the summons it shall appear to the judge upon affidavit or oral evidence that such person was elected unduly or contrary to this Act or was at the time of his election or while holding or exercising such office incapable under the provisions hereof to hold the same the judge may adjudge such person to be ousted of the same and such person shall be ousted of the same accord- ingly, or the judge may discharge the summons, and in either case with or without costs 1911-12, c. 4, s. 23. DiequaUfica- 19. No proceedings of the council or of any committee of not'tp "°" '^'^the council or of any person acting as chairman or member of proS*ngs ^^^ council or of a committee shall be invalidated by reason of any defect in the appointment or election or of any disquali- fication of any such person. ELECTION OF COTJNCIL. ?f"eS."°° 30. At the first election all persons of the age of twenty-one years who are owners or occupants of rateable land in the division shall be entitled to vote. 366 LOCAL IMPROVEMENTS Cap. 11 1907 (2) After the completion of the first revised assessment roll any person of the age of twenty-one years whose name appears on the then last revised assessment roll of the district and who has paid all taxes due the district in respect of the lands which he owns or occupies shall be entitled to vote: 1908, c. 20,. s. 21 (2). Provided that any person of the age of twenty-one years who since the last revised assessment roll of the district has been prepared, has become the owner of lands in respect of which some other person appears by the said last revised assessment ■roll to be the owner or occupant and in regard to which all taxes due the district have been paid, shall be entitled to vote upon signing a declaration in form G. 1909, c. 5, s. 12 (1) 31. A meeting of the electors of each division of a district Date of shall be held in each year for the nomination of candidates for^'Stog councillor at some place as near the centre of the division as possible, on the first Monday in January at ten o'clock in the forenoon; provided that if such day is a holiday, the nomination shall take place on the next subsequent day not being a holiday. (2) The council of every district shall have the power to ^pp"'"*"?™* appoint returning ofiicers for the election of councillors for the officers various divisions in each district, and in case no returning ofiicers are named at the last meeting of the council or that the ofiicers named by the council refuse or neglect to act, the secretary- treasurer shall have power to make such further appointments as may be necessary. (3) The returning ofiicer for each division shall by notice Notice of in form A in the schedule to this Act post up in six conspicuous SStLg places within such division and at least ten days previous to such meeting call a meeting of the electors within the same for the first Monday in January for the purpose of nominating candidates for the office of councillor for the ensuing year. (4) The secretary-treasurer may act as returning ofi&cer for Payment of one of the divisions of a district and the council may pay outoffice™"^ of the funds of the district $10 for each returning ofiicer required. (5) The council of every district shall have the power to make ^ '^SliSon -arrangements for the use of a hall, school-house or other building and election for the nomination and election of councillors and may paySr'' *''*' out of the funds of the district the sum of $2 for each day the building is used for such purpose. 32. At the time and place mentioned in the notice referred ^^°^^™'* ^' to in- the next preceding section the returning officer shall meeting proceed to the place of nomination and at the hour of ten o'clock in the forenoon shall declare the meeting open for the purpose -of receiving nominations for the ofl&ce of coimcillor. All nomi- nations shall be made in writing by a proposer and seconder who shall be duly qualified electors of the division for which the election is held. The meeting shall remain open until noon, and the statement referred to in section 70 of this Act shall be read by the returning officer during the period allowed for nomi- nation. If only one person has been nominated for the office -of councillor, such person shall be declared elected by the return- mg officer. In the event.of more than one person being nominated for the office of councillor, the returning officer shall declare that a poll will be held in the division and name the time (which 367 1907 Cap. 11 * LOCAL IMPROVEMENTS shall be one week from the day of nomination) and the place where the poll will be open for the taking of votes for the candi- dates nominated. The poll shall be kept open from nine o'clock in the forenoon until five o'clock in the afternoon of the same day. Whenever a poll has to be taken, the returning officer shall within two days after the nomination post up or cause to be posted up in six conspicuous places within the division a notice in form B in the schedule to this Act giving the names of the candidates and the time and place of the election. (2) The secretary-treasurer of the district shall on or before the day previous to that on which the poll is to be held furnish each returning officer with a certified copy of the last revised assessment roll with respect to all lands in the division for which the election is being held. 1908, c. 20, s. 21 (3). (3) At all elections the returning officer shall proceed as follows : Poll (a) Set apart a portion of the room where an elector may mark his ballot without the manner of marking the same being discovered; (6) Provide sufficient ballots which shall consist of plain sheets of paper all equal size and shape, and as nearly as may be four inches long and two inches wide; (c) Provide a receptacle in which the ballots shall be placed when marked; (d) At the first election the returning officer shall upon demand give a ballot to each elector who signs a declar- ation in form C and explain the manner of voting; (e) In the case of any election after the first election, the returning officer shall upon demand give a ballot to each elector claiming to be entitled to vote under the proviso to subsection 2 of section 20 of this Act, who signs a declaration in form G, and shall upon demand give a ballot to each elector whose name appears upon the certified copy of the last revised assessment roll so furnished to him as aforesaid and who signs a declar- ation in form D, and explain the manner of voting; , 1908, c. 20 s. 21 (5); 1909, c. 5, s. 12 (2). (Jf) The returning officer shall initial each ballot before delivering it to the voter; (g) The voter shall write across the ballot the name of the candidate for whom he desires to vote, fold the ballot so as to conceal the name and expose the return- ing officer's initials, and return the ballot to the returning officer; (h) In the case of any voter being unable to write, the returning officer shall mark his ballot as directed by such voter, and in the presence of all persons present in the room at the time; (i) Count the ballots when the time has expired for voting and declare the result, such count to be made in the presence of all persons present in the room at the time ; 1908, c. 20, s. 21 (4). (j) After the ballots have been counted and the result declared the returning officer shall immediately destroy all the ballots cast, in the presence of all persons present in the room at the time; 368 LOCAL IMPROVEMENTS Cap. 11 1907 {k) The returning officer shall make a declaration as to the result of the election in form E. (4) Whenever more than the required number of candidates are nominated any one of them may within two days after the nomination tender his resignation by filing with the returning officer a declaration in writing to that effect signed by himself in presence of the returning officer, and any votes cast for any such candidate shall be null and void. 1908, c. 20, s. 21 (6). 33. Any person signing a declaration and casting his vote Penalty for as an elector at an election who is not entitled to vote shall betfon '^°°'*'*" guilty of an offence and Uable on summary conviction to a penalty not exceeding $50 and costs. 34. The returning officer if he is an elector of the division Vote of may vote at the election and in case of a tie shall, whether anoffi"?"^ elector or not, give the casting vote. 35. No person who acts as returning officer at an election Eeturning shall be a candidate at such election. e^bie""* (2) In the event of any person who has been appointed return- ing officer being absent, refusing to act or desiring to be a candi- date, the electors present may elect another person to act as returning officer by show of hands. 36. Each returning officer shall report forthwith to the ^'■«""«gt'°e secretary-treasurer the name of the councillor elected for his division, and the secretary-treasurer shall by written notice to each councillor elected call the first meeting of the council within the second week after the elections. 37. The secretary-treasurer shall report to the department the Report to the name and address of the councillors elected for the current year, ^'"'^ ™™ together with the name of the chairman of the district not later than the first day of February following. 38. The first council in every district shall be elected at a Krst election time to be appointed by the Minister who shall appoint the necessary returning officers. (2) The Minister shall cause the prescribed notice to be given Notice of of the time and places at which the election so appointed is to *°*'°'' be held and such election shall be held in the same manner as is provided in this Act for the elections. (3) On the occurrence of any vacancy in a district council Election to an election to fill such vacancy shall be held forthwith, and^"™°^°''' such election shall be held in the same manner as is provided in this Act for the elections. DECLARATIONS ON ELECTION. 39. Every person elected to the office of councillor shall Declaration accept such office by making and subscribing the declaration °' °*°° m form F in the schedule hereto within ten days after notice of his election has been served on him personally or left at his usual place of abode and in default thereof shall be liable to a fine of $25 upon summary conviction before a justice of the peace. 369 1907 Cap. 11 LOCAL IMPHOVEMENTS NONACCEPTANCE OF OFFICE. Vacancy on nonacceptanoe 30. If aijy person elected as chairman or councillor refuses or fails to accept puch office as aforesaid the same shall thereupon be deemed vacant and shall be filled up by a fresh election as in the case of a vacancy. PEOCEEDINGS AND POWERS OF COUNCILS. Date of first meeting 31. The council of every newly constituted district shall hold its first meeting within the second week after being elected. Chairman to be elected 33. At the first meeting of the council or at some adjourn- ment thereof, the members present shall elect one of the members to be chairman of the council. If the chairman resigns his office as chairman or member or his office becomes vacated the council shall elect a member to be chairman in his stead. Meetings 33. Every council shall meet at such times as are appointed by resolution and shall meet at least four times in every year and every meeting shall be open to the pubUc. Chairman to preside 34. The chairman shall preside at every meeting at which he is present, and in the absence of the chairman from any meeting another member shall be elected chairman at and for such meeting. Record of proceedings 35. The council shall cause a record to be kept of all the proceediiigs of the coimcil with the names of the councillors who attend at each meeting, and of the names of all covmcillors voting upon any question, in books to be provided for the purpose- which shall be kept by the secretary under the superintendence- of the council, and every such record shall be signed by the chairman at the next succeeding meeting after being approved by the council. Majority of council to be present Majority to decide Vote of chairman 36. No business shall be transacted at any meeting of the council unless a majority of the whole number of the members- for the time being are present. 37. All questions shall be decided by a majority and by open voting. ■* 38. Upon every question the chairman shall have a vote- and if the members are equally divided the question shall be decided in the negative: Provided that if at any election of a chairman of a council or of any meeting there be an equality of votes, it shall be decided' by lot which of the councillors having an equal number of votes- shall be chairman. Power to adjourn 39. The members present at any meeting may from time to- time adjourn the meeting. Enforcement of Noxious Ordinance 40. The council of every district may appoint some person, to enforce the provisions of The Noxious Weeds Ordinance or- 370 LOCAL IMPEOVEMENTS Cap. 11 1907 any Act passed in substitution for or amendment of The Noxious Weeds Ordinance, within the district who for such purpose shall have all the powers of an inspector under said Act. 41. Whenever in any district any number of occupied dwellings vujage Act more than five are situated within an area of half a* square mile *„ clrt^n '^eaa the council shall within such area enforce the provisions of The Pvhlic HeaUh Act and regulations made thereunder, The Village Ordinance or Act passed in substitution therefor, or amendment thereof, relating to the prevention of disease and prevention of fire. 1913 (2nd Session), c. 2, s. 14. SPECIAL MEETINGS OP COUNCIL. 43. The council may at any time hold a special meeting ^p^^»' called in pursuance either of a resolution of the council or of a requisition delivered to the secretary and signed by the chairman or any two cotmcillors specifying the time and place at which such meeting is to "be held and the business to be brought before the same. 43. Notice in writing of the time and place of such, meeting Notice of and of such business shall be given by the secretary to every ^^ting member of the council except the members requisitioning for the same three clear days before the day appointed for such meeting. 44. Councils may unite with other councils in the execution Joi"* a^tj™ and maintenance of any works or the performance of any matter ^ °°™''' or thing deemed by all the councils concerned to be of benefit to their respective districts, and may agree as to the joint control or management of anything that concerns in any way such respective districts or as to the control or management by one or more of such councils of any such thing.' COMMITTEES. 45. The council may from time to time appoint standing committees or special committees consisting of one or more members of"'"™"""' the council and may delegate to such committees any matters for consideration or inquiry or management or regulation. 1908, c. 20, s. 21 (7). (2) Every committee to whom any powers are delegated as aforesaid may exercise or perform the same in like manner and with the same effect as the coimcil. (3) Every such committee shall be subject in all things to the council and shall carry out all directions general or special of the council given in relation to such committee or its affairs. 46. The council may from time to time discharge, alter, con- Dieoiiarge of tmue or reconstitute any committee appointed by it. committee 47. No proceeding of the council or of any committee shall Proceedings be mvalidated or be illegal by reason only of there being any ?acS™'i^ '°^ vacancy in the niunber of councillors at the time of such pro-"""""' ceedings. 371 1907 Cap. 11 LOCAL IMPROVEMENTS RULES OF PROCEDURE. 5?i3'ating°° 48. The council of every district may subject to the provisions procedure of this Act msike Or pass resolutions — 1. Regulating the proceedings of the council and of committees r.nd the conduct of meetings thereof; 2. Regulating the adjournment of meetings; 3. Directing notices of meetings to be given and prescribing the form, mode and time of service thereof; 4. Regulating debates; 5. Prescribing the manner and conditions of revoking and altering resolutions ; 6. Providing for the custody of documents and records; 7. Pre^sribing the duties of officers and servant-s; 8. Prescribing the manner and form of keeping minutes; 9. Concerning anything incidental to any matter in this section referred to; 10. Regulating the rate of pay for all work done by day labour in the district, such rate of pay to be for a day of ten hours and not to exceed the rate of wages current in the vicinity. 1913, c. 9, s. 16. SSufors' ^^' Every council may pass a resolution for paying the members thereof a sum not exceeding $2 for every day and ten cents for every mile respectively necessarily occupied or travelled in going to, remaining at and returning from not more than six meetings of the council in any year. Provided also that any council may pass a resolution for paying the members thereof a sum not exceeding ten cents per mile for every mile necessarily travelled in laying out or inspecting work to be performed for the benefit of the district. 1915, c. 2, s. 5 (2). (la) Every council may pass a resolution for paying the mem- bers thereof a sum not exceeding three dollars a- day for the time not exceeding twelve days in any one year, necessarily occupied in laying out or inspecting work performed or to be performed for the benefit of the district, providing that any work so per- formed or to be performed shall be duly authorized by resolution of the council, excepting where such work is of an urgent nature, in which case the payment of the councillors' fees for laying out and inspecting such work shall be payable in the discretion of the council bXit shall not exceed the amount per day above set forth. 1913, c. 9, s. 16. (2) No councillor shall receive remuneration for his services except as provided for in subsection 1 and subsection la of section 49 of this Act. Any councillor accepting any farther or other remuneration shall be guilty of an offence and on summary conviction thereof shall be liable to a fine not exceeding $50 and he shall be disqualified from holding an ofiice under this Att for twelve months. 1915, c. 2, s. 5. Appointment of officers 50. The council may by resolution from time to time appoint and may remove or reappoint fit persons to be secretary- treasurer and all such other officers and servants as they think necessary and may pay such persons such salaries and allowances as they think fit, and the secretary-treasurer shall furnish a 372 LOCAL IMPBOVEMBNTS Cap. 11 1907 bond of ^t least one thousand dollars; such bond to be placed in safe keeping by the chairman of the district. 1908, c. 20, s. 21 (8). (2) The secretary-treasurer shall advise the department of his appointment, post office address and amount of salary he receives within five days of his appointment. (3) The secretary-treasurer shall be the only official of the district authorized to accept payment of taxes, and no taxes shall be deemed paid until such payment is actually received and receipted for by him. (4) One-fourth of the secretary-treasurer's salary shall be withheld until he has completed the work of the period for which he was appointed. (5) The council shall not make any appointment to any office or make any arrangement for the discharge of the duties thereof by tender or by application at the lowest remuneration. 1913, c. 9, s. 16. 50a. The secretary-treasurer of every district shall within one month after entering upon his duties furnish to the municipality security in a penal sum to be named by the council by a bond or policy of guarantee of any corporation empowered to grant securities, bonds or policies for the integrity and faithful account- ing of public officers or servants or persons occupying positions of trust, and security shall be renewed at the beginning of each year or changed at other times whenever renewal or change is required by the council. 1913, c. 9, s. 16. (2) The members of any council failing to take such security or renew same shall be jointly and severally liable for any default of the treasurer to the extent of the sums of which such bond should have been taken: 1913, c. 9, s. 16. Provided that when the majority of 'the coimcil refuse or neglect to take such security on the demand of any councillor, such demand being duly recorded in the minutes such councillor shall be relieved from all personal liability in case of the default of such officer. 1913, c. 9, s. 16. 50b. The secretary-treasurer shall furnish at least once a month, to any councillor requesting such statement, within five days of such request, a statement showing the amounts expended by the district within the division for which such councillor is elected, within the previous month. 1913, c. 9, s. 16. 51. No councillor shall be capable of holding any office in CounciUors the district and it shall not be legal for the council of any district Xc^^^ ""''^ to appoint any one of its members a returning officer for either the division which he represents or for any other division of the district. 53. The council may cause to be levied in each year for the Assessment of general purposes of the district a tax not less than one and one-*''*'""*""* quarter cents per acre and not more than seven and one-half cents per acre upon every owner or occupant in the district on any land owned or occupied by him, provided that the taxes so levied on any lot containing at least one acre, in any subdivision or plan or on any fraction of a section containing at least one acre shall be at least fifty cents, and the taxes levied on any lot con- 373 1907 Cap. 11 LOCAL IMPROVEMENTS taining less than one acre in any subdivision or plan, , or on any fraction of a section containing le^s than one acre shall be twenty- five cents. 1913, c. 9, s. 16; 1915, c. 2, s. 5. (2) In case of land held under grazing lease or permit from the Government of Canada, the tax payable on any quarter section or portion thereof for the purposes of the district shall not exceed $1.20. 1915, c. 2, s. 5. Kate to be fixed by resolution .53. The rate per acre of the said tax shall "be fixed by a reso- lution of the council. Assessment roll 54. The council shall make or cause to be made an assessment roll in which shall be set out the following information: (a) Each lot or parcel of land owned or occupied within the district and the nmnber of acres it contains; (6) The name and address of the person assessed on account of each such lot or parcel of land; (c) The amount of such assessment. (2) The assessment roll shall be kept at the office or residence of the secretary and may be inspected at any reasonable time by any ratepayer. (3) It shall be the duty of the officials in charge of the land titles office within the province when so required by the secretary- treasurer of a local improvement district to give him free 6f charge all information he requires for assessment purposes respect- ing property situated within the limits of the district for which he is secretary-treasurer. Ownerjnot "known 55. If the name of the owner of any lot or parcel of land in the district is not known and cannot after reasonable inquiry be ascertained the same shall be deemed to be duly assessed if entered on the roll with a note that the owner is unknown. Correction of errors in roll Notice of Assessment 56. If any land for which someone should have been assessed has been omitted from the assessment roll or any error made in the particulars contained therein, the council may cause the necessary additions or alterations to be made any time in the year in which such assessment is made, and a tax notice in accordance with such addition or alteration shall forthwith be sent to the owner of the property affected. 57. The secretary-treasurer shall prepare the assessment roll as soon as possible after the beginning of each year or after the organization of the district, and shall forthwith mail to each ratepayer whose name and address appears on the assessment roll a notice of his assessment which shall include any arrears of taxes accruing on his land since the constitution of the district, and the entry of the date of the maiUng of such notice together with the initials of the secretary-treasurer on the assessment roll shall be prima facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the secretary-treasurer. Appeal from 58. Any person who feels himself aggrieved by the tax assessed may within thirty days after the mailing of such notice appeal from such assessment by delivering notice of such appeal in 374 LOCAL IMPBOVEMENTS Cap. 11 1907 writing to the council; and an appeal shall lie from the council upon the decision in the matter to the Minister whose decision shall be final. (2) All persons paying taxes on or before the first day of July Penalty on of the year in which such taxes were levied may be allowed afa^'"*"' reduction of ten per cent, on the same. From the first day of July until the last day of December taxes shall be payable at par. On the first day of January following, as a penalty, an additional sum amounting to ten per cent, of such taxes shall be added thereto. On the first day of January in each year thereafter, as a penalty, an additional sum amounting to ten per cent, of all arrears of taxes shall be added thereto. 59. In case any person neglects to pay his taxes or arrears DiBtress for of same for two months after the maiUng of the notice to him*"®° as herein provided the secretary may by himself or his agent levy the same with costs by distress of the goods and chattels of the person who ought to pay the same or of any goods or chattels in his possession wherever the same may be found, or of any goods or chattels found on the land the property of or in possession of any other occupant thereof, and may impovmid the same on the premises where distrained; and no claim of property, lien or privilege shall be available to prevent the sale or the payment of the taxes and costs out of the proceeds of the sale thereof. 1910 (2nd Session), c. 2, s. 18 (1). 60. The taxes accruing upon or in respect of any land in the Taxes a Hen district shall be a special hen upon such land having prioritj'^ over any claim, lien, privilege or encumbrance thereon. 61. Any taxes or arrears of taxes due to a district may be smt for taxes recovered by suit in the name of the district as a debt due to the district, in which case the assessment roll shall be -prima facie evidence of the debt. 63. The secretary shall enter all amounts paid him for taxes Taxes paid on the original assessment roll opposite the lot or parcel of land *° pou"*^^'' for which such payment is made; and shall issue an official receipt for all such payments in form to be prescribed by the Minister. 63. The coimcil may enter into any contract for any of the Contract by purposes of this Act. """"""^ 64. If such contract is for the execution of any work it snail Conditions specify the work to be done and the materials to be furnished, conteMt^" the price to be paid for the same, the time or times within which the work is to be completed and the penalties to be suffered m case of nonperformance thereof. 65. The council shall have full power and authority to erect, Construction construct and maintain within the district any public works pL't^lrithout which in the opinion of the council may be necessary, whether "'^ ^*"''* such works are to be or have been constructed wholly within the district or form part of works constructed or to be constructed in one or more districts. 375 1907 Cap. 11 LOCAL IMPROVEMENTS 65a. The council of each district may spend a sum not exceeding four hundred dollars in each year for the purchase and distribution of gopher poison under regulations issued by the Minister of Agriculture. 1909, c. 5, s. 3; 1913, c. 9, s. 16; 1915, c. 2, s. 5. 656. The council of each district may authorize payment of the expenses to the extent of $50.00 of delegates to the annual conventions called by "The Alberta Local Improvement Districts Association," and proper vouchers must be furnished for same. 1910 (2nd Session), c. 2, s. 18 (2). 66. The Lieutenant Governor in Council may from time to time place under the temporary or permanent management and control of a council any public works, buildings, erections, machines, implements, wells, reservoirs or other things which have been commenced, constructed, purchased or provided for out of any moneys appropriated by the Legislative Assembly, or belonging to any large local improvement district erected under the provisions of any Act of the province. authorized*to ®^- Nothing in this Act shall b,e deemed to entitle the council interfere with to interfere with any public works carried on or executed by wOTks™"™* the Government or under the control of the Government without the consent in writing of the Minister of Public Works. Control of works already constructed Apportionment of expenditure between divisions 68. The coimcil shall cause at least one-half of the taxes collected in each division in each year to be expended in such division. Provided the council by resolution unanimously adopted at a meeting of the whole council may decide that the amount to be thus spent may be reduced to one-qurater of the taxes collected in the division. 1908, c. 20, s. 21 (9). (2) No accounts shall be paid by the secretary-treasurer until such payment has been authorized by a resolution passed in council and signed by the chairman; and it shall be necessary for the secretary-treasurer of the district to submit to the local improvement inspector a separate resolution showing authority for each item of expenditure shown on the records. 1908, c. 20, s. 21 (10). ACCOUNTS. 69. The council shall cause bookjs to be kept and regular accounts to be entered therein giving full particulars of all moneys received or paid. They shall also cause receipts and vouchers to be filed showing details of each transaction. In addition they shall cause a complete and accurate record to be kept of all minuttes of council meetings and of all correspon- dence and, where money has been spent for the building of roads or bridges, a description of the location and the nature of the work shall be given (2) In order that ,the accounts and records of the district may be kept correctly and according to uniform method only such books and forms as are authorized by the department shall be used for keeping such accounts and records. receipteand 70. The council shall also cause to be prepared a statement expenditure showiug the financial position of the district at the end of December in each year showing the amount received from each 376 Books of accounts to be kept LOCAL IMPROVEMENTS ' Cap. 11 1907 source of ordinary income and the various matters and things on which such accounts have been expended, which statement shail be produced and read at the annual nomination for the oflBce of councillor during the hours when nominations are being received. 1908, c. 20, s. 21 (11.) 71. The council may in anticipation of the collection and^°^™'"°« payment of the general taxes payable in any year from time to time borrow moneys on the credit of the district rates to an amount not exceeding one-half of the total estimated revenues of the district for the year. AUDIT OF THE BOOKS OF THE DISTRICT. 73. The books of every district shall be' audited each and ^^^^1^'° ^* every year by one of the local improvement district inspectors each year hereinafter provided for, or by a competent person to be named for the purpose by the Minister LOCAL IMPROVEMENT DISTRICT INSPECTORS. 73. The Lieutenant Governor in Coimcil may from time to ^jPg°^*""™' time appoint for the purpose of this Act one or more officials improvement who shall be known as local improvement district inspectors. iSpe^ors It shall be the duty of the local improvement district inpsectors to inspect the office of the secretary-treasurer of each local improvement district at least once a year and to make a thorough and careful examination of the books, papers, assessment roUs, tax rolls, accounts, vouchers and motiey of each district for the purpose of ascertaining if such are being kept in a correct, proper, safe and methodical manner. 74. The inspector upon any such examination or inspection i°spectora ,1 , , ,1 , may summon may reqmre the secreta^-treasurer or any other person to witnesses appear and give evidence on oath, and for this purpose he shall have the same power to summon such official or other person to attend as witnesses and enforce their attendance and to compel them to produce books and documents and to give evidence, as any judge or court has in civil cases ; and the secretary-treasurers of all districts shall as often as required by the said inspector produce all books and documents required to be kept by them for examination and inspection. 75. Every secretary-treasurer shall, when required to do so f/^'*jgJ"to by the said inspector at any reasonable time, produce and produce books exhibit for examination and inspection all books, accounts and documents in his possession, custody or control as secretary- treasurer of the district. (2) Any secretary-treasurer who neglects or refuses to comply Penalty with the provisions of the next preceding section shall on sum- mary conviction thereof before two justices of the peace be liable for each offence to a fine or penalty of not more than fifty dollars nor less than five dollars. 76. All district inspectors shall make a report to the depart- inspectors' ment of all inspections made. A copy of this report shall be'^^""'^*^ 377 1907 Cap. 11 LOCAL IMPROVEMENTS forwarded by the department to the chairman of each council for presentation to the council, and if such report shows any failure in the performance of duty of any officer of the district, any errors in the keeping of the books and accounts of the district or any discrepancies in the books or cash of the district, it shall be the duty of the council receiving such report to take action thereupon in accordance with the reconunendation given by the department or as the exigency of the case may require and notify the department of the action they have taken. jjanks to give 77. Any bank or any agency of any bank carrying on business nformation j^^ ^j^g Province of Alberta shall at any time upon the request of a local improvement district inspector state the balance or condition of accounts of any district having any account with it together with any particulars of same that may be required. 77a. The Minister may appoint a district conunissioner for any small local improvement district, or for one or more divisions thereof whenever he is satisfied by such proof as he may require that the affairs of the district or one or more divisions thereof are not being carried out according to the provisions of this Act, or to the best interests of the people of the district or the said divisions thereof. 1908, c. 20, s. 21 (12). (2) The remuneration to be paid by any district commissioner shall be fixed by the Minister, and such remuneration shall be paid out of the funds of the district by the secretary-treasurer of such district on receiving authorization from the Minister to do so. 1908, c. 20, s. 21 (12). 77b. A district commissioner appointed under the provisions of the Act shall have all the powers and authority of the council of the district for which he is appointed and during the time of his appointment no election of the council shall be held by the council of the district, provided that where a district com- missioner is appointed for only part of a district the above pro- visions in regard to the holding of elections shall only apply to the division or divisions of the district for which he is appointed. 1908, c. 20, s. 21 (12). (2) Upon appointment of a district commissioner, the council of the district for which he is appointed shall cease to hold office provided that if a district conunissioner is only appointed for part of the district, this provision shall only apply to the coim- cillor or councillors representing the division or divisions for which he was appointed. 1908, c. 20, s. 21 (12). 77c. The council of the district and any or all of their officers shall, upon demand of the district commissioner, hand over to him all moneys, books, plans, tools, implements and other property whatsoever belonging to the district, and any official of such council refusing or neglecting to so hand over all moneys, books, plans, tools, implements or other property of the district shall be guilty of an offence, and liable on sununary conviction thereof to a fine not exceeding one hundred dollars or to imprison- ment for one month or both. 1908, c. 20, s. 21 (12). 77d. Upon expiration of the term of the appointment of any district commissioner, or at an earlier date, if he deems it expedient 378 LOCAL IMPKOVEMENTS Cap. 11 1907 to do so, the Minister shall make provision for the election of a new council for the district. 1908, c. 20, s. 21 (12). 77e. In the event of the death or resignation of any district commissioner appointed under the provisions of this Act, the vacancy so caused shall be filled by the appointment of a new district commissioner by the Minister. 1908, c. 20, s. 21 (12). 77/. The Minister may from time to time make such rules and regulations, and prescribe such forms not inconsistent with the provisions of the Act, as may be necessary to the effective and proper administration of any district for which the district commissioner shall have been appointed as herein provided. 1908, c. 20, s. 21 (12). LARGE LOCAL IMPROVEMENT DISTRICTS. 78. The Lieutenant Governor in Coxmcil may by order, j^ecti 385 ii^=ii^=ii^=ii^=^=rT 1907 Cap. 11 LOCAL IMPROVEMENTS SCHEDULE. FORM A. notice yor nomination at elections. Notice. Local Improvement District Division No Public notice is hereby given that a meeting of the electors of Division No of the Local Improvement District aforesaid, WiU be held at. on the day of , 19 , from ten o'clock until noon of the said day for the purpose of nominating candidates for the office of C!ouncillor for the said Division of Local Improvement District for the ensuing year. Dated under my hand at. .this day of , 19 Returning Office^. FORM B. polling notice at elections. Notice. Local Improvement District Division No Public notice is hereby given to the electors of Division No of Local Improvement District aforesaid, that a poll has been granted for the election now pending for Councillor for the said Division No of Local Improvement District and that such poU will be open on the day of , 19 from the hour of nine o'clock in the morning till fiv« o'clock in the afternoon at The candidates for the office of coimcillor for said Division being And that I will at :. on the day of 19,'. at five o'clock in the afternoon sum up the votes and declare the result of the election. Given under my hand at this day of ,19 Returning Officer. FORM C. Division No District The undersigned severally declare each for himself that he is a ratepayer in the above named division, over twenty-one years of age and votes in respect of the land set opposite his name hereto. LAND VOTED UPON Returning Ofker. 386 LOCAL IMPROVEMENTS Cap. 11 1907 FORM D. Division No ■. . . District The undersigned severally declare each for himself that he is a ratepayer in the above named division, over twenty-one years of age and votes in respect of the land set opposite his name hereto, that his name appears on the then last revised assessment roll and that all taxes due the district against such land have been paid. NAME LAND VOTED tTPON 1909, c. 5, s. 12 (6). FORM E. I, , the undersigned returning officer for Division No of Local Improvement District do solemnly declare that of was duly elected Councillor for Division No of Local Improve- ment District at the election held at on the day of 19 Returning Officer. Declared before me at this day of 19 Notary Public, Commissioner or J. P. FORM F. I, , hereby declare that I accept the office d councillor for Division No of Local Improvement District to which I was elected on the day of 19 , and promise to perform the duties of such office to the best of my ability. Witness my hand this day of Signed in the presence of FORM G. Division No District. ^) ■ • • ., , declare that since the preparation of the last revised assessment roll of the above named district, I have become the owner of the following lands: that all taxes due the district in respect to the said lands have been paid and that I am the person entitled to vote in respect of the said lands. Declared before me at WW day of , 19 1909, c. 5, s. 12 (5). ' Returning ' Officer. 387 1907 Cap. 11 o O g g o i [Xj H U i rt o ■^ a o :^ •n o S h) 1 LOCAL IMPROVEMENTS pjB.aij[oj pauxBo aiB si^ajjB qoiqjii joj sjBaj^ Arrears of taxes carried forward o M •0^ (^diaoaa -4J o <• (^uamssassB jo aoi^^ou gnjirera jo a^BQ Total taxes due o M anp aie sieajj.'B qaiqM joj sjcajt Arrears of Taxes o w Amount of taxes for current year V •» •^uamssassB jo a^Bg (juBdnooo JO jauMQ d 1 ^1 Name of person assessed 1 S" 4 ^ 02 II 388 LOCAL IMPROVEMENTS Cap. 11 1907 FORM H. province of albebta. The Local Improvement Act. District NOTICE OP ASSESSMENT. M. Take notice that you have been assessed under the provisions of The Local Improvement Ad for the undermentioned lands in the above District, and that taxes are now due and payable to the undersigned as follows: quarter of section in Township '.Range west of the Meridian. Taxes for year 19 on acres at per acre $ Arrears of taxes for years $ Total amount of taxes due $ Dated at this day of 19 Sec'y-Treas., District P.O Subsection 2 of section 68 of The Local ImprovemerU Act provides that all persons paying taxes on or before the first day of July of the year in which such taxes were levied may be entitled to a reduction of ten per cent, on the same. From the first day of July until the last day of December taxes shall be payable at par. On the first day of January following, as a penalty, an admtional svun amounting to ten per cent, of such taxes shaJl be added thereto. On the first day of January in each year thereafter, as a penalty, an addi- tional sum amounting to ten per cent, of all arrears of taxes shall be added thereto. 1907 CHAPTER 12. An Act respecting Public Health. {Repealed and Substituted 1910, 2nd Session, c. 17, s. 33.) 389 1907 CHAPTER 13. An Act respecting the Registration of Births, Marriages and Deaths. {Assented to March 15, 1907.) OIS MAJESTY, by and with the advice and consent of the '• '• Legislative Assembly of the Province of Alberta, enacts as follows: SHOET TITLE. Short title 1. This Act may be cited as " The Vital Statistics Act." INTEKPRETATION. 3. In this Act unless the context otherwise requires — Minister 1. The expression "Minister" meaus the Minister of Agriculture; 1913 (2nd Session), c. 2, s. 15. Department 2. The expression "department" means the Department of Agriculture presided over by the Minister administering this Act; 1913 (2nd Session), c. 2, s. 15. Occupier 3. The exprcssion " occupicr " where used in the fourteenth and eighteenth sections of this Act shall be construed to include the governor, master, warden, keeper, superintendent or other officer in charge of a gaol, prison, penitentiary, lunatic asylum, hospital, reformatory, immigration building or other public or private charitable institution; Registrar 4. The expression "registrar" means any person duly appointed under the provisions of this Act; 5. The expression "camp or mine" means and includes any lumber, saw mill, railway or other construction camp, railway camps or any other maintenance work, quarries, mines, smelting or cement works situated outside of the limits of any city, town or village. 1911-12, c. 4, s. 24. ADMINISTRATION. 3. The Minister shall be Registrar General and shall be charged with the administration of this Act. 1913 (2nd Session), c. 2, s. 15. INSPECTOR OF VITAL STATISTICS. 4. The Lieutenant Governor in Council may appoint a Deputy Registrar General and an inspector of vital statistics whose duties shall be prescribed by the Minister. 1913 (2nd Session), c. 2, s. 15. REGISTRARS. Appointment 5. For the purposc of this Act the Minister may appoint any registrar pgrson whom he may think fit to be registrar of vital statistics. 390 OX inspector VITAL STATISTICS Cap. 13 1907 6. The department shall supply the registrars with the blankForiMtobe forms and registers necessary for the discharge of the duties ?h?^epar/ herein imposed upon them; and it shall be the duty of such™™* registrars to apply to the department for the issue of such blank forms and registers whenever they may require them. (2) The cost and expenses of such forms and registers and£^_°g*j^^ the expenses attendant upon the distribution thereof shall be paid defrayed out out of the general revenue fund of the province. reire^e fund Forms, regia- 7. In case of the termination of the appointment of any^„,^,,„^„ registrar by death, resignation qr otherwise, all such forms andtm.eto.rto other matters pertaining to his duties under this Act or in histosuccraLr possession or that of his representative shall forthwith be delivered'" °^'^ to his successor in office. 8. Every registrar shall keep a register, the form of which Rerister to shall be prescribed by the Minister, of all births, marriages- and ^ek^t^y deaths duly certified by him in the manner required by section 30 of this Act. 9. Each registrar shall receive a fee to be paid out of the general ^^ . ^^^, revenue fund of the province of twenty-five cents for each birth, t^ " ° marriage or death reported to him and duly returned to the department as herein provided. POPULATION STATISTICS. 10. Secretaries of municipalities, villages and local improve- ment districts shall make a return to the department on or before ^f^^^ the third day of September in each year, giving the approximate paSlS'to number of people resident in their respective municipalities,™*''^"*'"'' villages and local improvement districts on the thirtieth day of June in that year, and such returns shall be in the form "prescribed by the Minister. CHURCH NOTICES. 11. Every clergyman, minister or other person authorized to baptise or perform the ceremony of marriage or conduct funeral clergyman services shall keq) registers in such forms as may from time totokeep time be determined by the Minister, showing the persons whom he"^*™* baptises or marries or who die within his cure or congregation, or over whose bodies he may have conducted fimeral services. 1908, c. 20, s. 23. (2) The registers mentioned in this section shall be supplied Register to by the department, and shall be the property of the government of govCTn-^ but they shall be retained by the church or congregatipn to™™* which the minister, clergyman or other person performing the ceremony belongs at the time of the first baptism or marriage entry or death which he records therein, and shall thereafter be kept as records in such church, or in case of the abandonment of the church, they shall be filed in the department and such registers shall be open to inspection at any reasonable hour by registrars. 1907, c. 13, s. 11; 1908, c. 20, s. 23. 13. (flepeaZed— 1908, c. 20, s. 23 (3).) 391 1907 Cap. 13 VITAL STATISTICS Executive bodies to notify department 13. The executive bodies of every and all religious denomina- tion or denominations shall at least once every six months, and oftener if required by the Minister, send to the department a list of those persons in their denomination or denominations respectively who to their knowledge are authorized to or who do perform the marriage ceremony or the rite of baptism or conduct funeral services in their several denomination or denominations. 1908, c. 20, s. 23 (4). REGISTBATION OF BIRTHS. Persona required to give particu- lars of births Registration illegitimate children Altering or inserting name after registration 14. The father of any child bom in this province, or in the case of his death or absence, the mother, or in the case of the death or inability of both parents, any person standing in the place of the parents, or if there is no such person, then the occupier of the house or tenement in which to his knowledge the child was born, or the medical practitioner or nurse present at the birth, shall, within one month from the date of the birth, give notice thereof to the re^strar whose post office is nearest to the place at which the birth occured, giving as far as possible the particulars required in form A in the schedule to this Act, together with such additional information as may from time to time be required by the Minister. 15. In registering the birth of an illegitimate child, it shall not be lawful for the name of any person to be entered as the father unless at the joint request of the mother and the person acknowledging himself to^ be the father; and in all cases of registration of the birth of illegitimate children the registrar shall write the word "illegitimate" in the column set apart for the name of the child and immediately under the name, if any. 16. When the birth of any child has been registered and the name, if any, by which it was registered has been altered, or if it was registered without a name, wheii a name is given to it, the parent or guardian of the child or other persons procuring such name to be altered or given, may within ten years next after the date of the birth, deliver to the department a certificate signed by the clergyman or other person who performed the rite of baptism upon which the name was given or altered, or if the child is not baptised, signed by the father, mother, or guardian of the child or other, person procuring the name of the child to JDe given or altered; and the necessary alterations shall be made in the margin of the form containing the original entry without making any alteration in the original entry. REGISTRATION OF MARRIAGES. Officiating clergyman et al to report marriages 17. Every clergyman, minister or other person authorized by law to celebrate marriages shall be required to report every marriage he celebrates to the registrar whose post office is nearest the place at which the marriage is celebrated, within one month from the date of the marriage with the particulars required by form B in the schedule to this Act, together with such additional information as may from time to time be required by the Minister; and in order to better enable the said clergyman, minister or 392 VITAL STATISTICS Cap. 13 1907 other person to make the report as aforesaid, he shall be f iirrdshed on demand by any registrar with blank forms containing the particulars required by the' said form B. REGISTRATION OF DEATHS. 18. The occupier of a house or tenement in which a death ^^|^*" takes place or, if the occupier is the person who has died, then deaths some one of the persons residing in the house in which the death took place, or if the death has not taken place within a house, then any person at the death or having a,ny knowledge of the cu-cumstances attending the same or the coroner who attended any inquest held on the body of such person shall, before the interment of the>body, supply to the registrar whose post oflSce is nearest the place at which the death occurred according to his or her knowledge or belief, all the particulars required to be registered, touching such death, according to form C in the schedule to this Act, together with such additional information as may from time to time be required by the Minister. (2) Where a death occurs in any camp or mine, before inter- ment of the body, the owner, manager or other person in charge shall report such death to the department on form C in the schedule of this Act, together with such additional information as may from time to time be required by the Minister. 1911-12, c.4, s. 24. 19. Every registrar shall, immediately on registering any death Certificate to or as soon thereafter as he is required to do so without fee or J|f^^'°° reward, deliver to any person requiring the same for the purpose of burial a certificate according to form D in the schedule to this Act stating that the particulars of such death have been duly registered. 30. {Repealed— 1908, c. 20, s. 23 (5).) 31. Every duly qualified medical practitioner who was last Medical in attendance during the last illness of any person shall forthwith to MrtifyM* on notice or having knowledge of the death of such person ^°^4"^®°* transmit to the registrar whose post office is nearest the place at which death occured a certificate under his signature of the cause of death according to form E in the schedule to this Act, together with such additional information as may from time to time be required by the Minister; and it shall be the duty of every such medical practitioner to apply to the said registrar for blank forms for that purpose. Upon receipt of the certificate from the medical practitioner by the registrar he shall attach the same in a temporary manner to the registration of death provided for in form C in the schedule hereto; provided that where a coroners' inquiry or inquest is held in connection with any death, it shall be the duty of such coroner to sign the certificate of the cause of death. 1911-12, c. 4, s. 24. 33. No removal for burial of the body of any person shall bodies not to take place and no imdertaker, clergyman, sejcton, householder for bSiJi until after registration 393 1907 Cap. 13 VITAL STATISTICS Proviao or other person shall engage in the burial of the body of any person unless a certificate of registration as provided for in form D in the schedule hereto has been previously obtained from the registrar to the knowledge of the person so removing or engaging in the burial of the body: Provided that the body of any person may be interred without a certificate of registration if the death of such person occured outside the Province of Alberta: And provided further that a clergyman, minister or other person who is called upon to perform any funeral or religious service for the burial of any dead body under circumstances rendering it unpracticable (by reason of the distance from the post office address of the nearest registrar of the place where the burial service takes place or otherwise) to obtain the said certificate in form D prior to the burial of the body, may perform such ceremony without obtaining such certificate, but in this event such clergjonan, minister or other person so performing such burial service "shall forthwith make a return in form C in the schedule to this Act to the registrar whose post office adress is nearest to the place at which such burial took place. 1907, c. 13, 3. 22; 1908, c. 20, s. 23 (6). Duties of persons in charge of cemeteries 33. No caretaker, superintendent or owner of any cemetery whether public or private, nor any . clergyman, minister or other person having charge of a church to which a burial groimd is attached shall permit the interment of the body of any person in the burial grounds over which he has charge unless he has received a certificate of registration as provided for in form D in the schedule hereto. Returns required by department 34. Every such caretaker, superintendent, owner, clergyman, minister or other person in charge of any cemetery shall on or before the last day of June and December in each year transmit to the department a return showing the number of burials therein during the preceding half year, giving the names of the persons whose bodies are therein buried and the date on which each interment took place. CORKECTION OF EEKORS SUBSEQUENT REGISTRATION. Correction of erroneous entry 35. If it is discovered that any error has been made in the entry of any birth, marriage or death, then, upon the same being reported to the proper registrar, it shall be his duty to inquire into the same and if satisfied that an error has been committed it shall be lawful for him to correct the .erroneous entry by making the necessary alterations in the margin of the form containing the original entry; and if the original entry of such birth, marriage or death has been transmitted to the department, he shall report to the department according to the facts of the case, so as to secure the correction of such erroneous entry in the margin of the form containing the original entry. Registration after speci- fied time 36. Every registration of a birth, marriage or death shall be made within the time specified; but nothing herein contained shall prevent the subsequent registration of such birth, marriage or death within the period of two years. 394 VITAL STATISTICS Cap. 13 1907 3 7. After the expiration of two years after the date of any KegiBtration birth, marriage or death, the particulars of such birth, marriage or yeara*"" death shall not be registered except with the written authority of the Minister, and the fact of such authority having been given shall be entered in the column set apart for remarks in the regis- tration form. 28. Every birth, marriage or death registered by the authority Fee for _ of the Minister as herein provided after the expiration of two years ^^*two™ shall be accompanied by a search fee of twenty-five cents, andy«»" a registration fee of fifty cents. 39. Every registrar shall, within the first week of each month Monthly in every year, transmit to the department by registered mail the"'""* forms duly certified under his hand containing the original entries of all births, marriages and deaths reported to him during the previous month, and if none have been reported he shall notify the department to that effect on forms provided for that purpose. 30. The original entries of all births, marriages and deaths ^^^^.^ shall be arranged, indexed and kept in the archives of the depart- retums to ment; and any person shall be entitled to have them searched deiJ^tmrat durmg the regular business hours of the department on payment j,^^ j^^. of twenty-five cents for each search, and to require extracts duly eearph and certified by the Minister on payment of fifty cents for each "^^^"^^^ certificate. (2) In case such searches be required to be made and extracts when to be furnished before the returns have been transmitted to the^fja'^piy department as required by this Act any registrar shall, as to the^^fioateOT retums in his possession, allow such searches to be made and shall "^ ^ ^°*' furnish certified extracts on payment to him of the fee or fees as provided in this section; but any registrar who fciay not have transmitted his retums as required by this Act shall not allow such searches to be made or give such certified extracts after the date when such returns should have been transmitted to the department: Provided that any coroner shall be entitled to have the returns Proviso of births, marriages or deaths searched free of charge by the registrar or other officer having charge of such retums in respect of any inquiry pending before him and to receive extracts duly certified therefrom free of charge. (3) Such certified extracts shall be evidence of the entry and extras' ■prima facie evidence of the facts therein stated in any court, prima fade evidence in any court BEGUIiATIONS. 31. The Lieutenant Governor in Council may from time to Lieutenant time make such further rules, orders and regulations as may be coJ^^y"'' '" required for the purpose of effectually obtaining the information ™ay mate required by this Act. regulations 32. The Minister may from time to time, as circumstances Minister may require, prescribe additional forms, alter or vary any of the forms "'t^' fo'^M in the schedule hereto or substitute new ones therefor. 395 1907 Cap. 13 VITAL STATISTICS PENALTIES AND PROSECUTIONS. Penalty for neglect of regis Iration 33. If any person required by this Act to report births, marriages, deaths or burials, refuses or wilfully neglects to do so within the time named, such person shall be guilty of an ofifence and on summary conviction thereof forfeit and pay a sum of not less than $1 or more than $50; and it shall, be the duty of registrars to prosecute all such persons so neglecting or refusing to make the required reports within the time named; but nothing contained in this section shall prevent persons other than registrars from prosecuting defaulters. Penalty for false statement 34. Any person who knowingly or wilfully makes or causes to be made a false statement touching any of the particulars required to be reported and entered under this Act shall be guilty of an offence and liable upon summary conviction thereof to a penalty of S25. Penalty for accepting fees other . than those herein provided 35. No registrar shall accept any fee or fees in connection with the registration of births, marriages and deaths, except as herein provided; and any registrar accepting any fee or fees other than those provided by this Act shall be guilty of an offence, and on summary conviction thereof liable to a penalty not exceed- ing $25. 1907, c. 13, s. 35; 1908, c. 20, s. 23 (7). Penaltjr for destroying posters 36. Any person wilfully removing, defacing or destroying public notices relating to the registration of births, marriages and deaths shall be guilty of an offence and liable on summary convic- tion thereof to a penalty of $5. Penalty for other acts or vomissions 37. Any person guilty of any act or omission in violation of any of the pr6visioiis of this Act for which no other penalty is provided shall be liable on summary conviction thereof to a penalty of not more than $20. Ordinance repealed 38. Chapter 14 of the Consolidated Ordinances of the North- West Territories, being An Ordinance respecting the Registration of Births, Marriages and Deaths, and chapter 2 of Ordinances of 190O are hereby repealed. 396 VITAL STATISTICS SCHEDULE; Cap. 13 1907 CANADA, PROVINCE OF ALBERTA, .{ FORM A. For the use of the Department only \ Record No of 191.. Registration op Births. / Registered at . Date of Birth day of 191 Place of Birth (Street and No., if any) Christian Name (if any) and Surname Sex (Male or Female) Name and Surname of Father Native Coxmtry of Father Profession or Occupa^ tion of Father t Name and Maiden Surname of Mother Native Country of Mother ■ Name of Doctor in Attendance at Birth (if any) Remarks I certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand at this '. day of 191 Informant. I hereby certify that the above return was made to me at. . on the day of 191 . rar's Record No of 1. 397 1907 Cap. 13 VITAL statistics FORM B. CANADA, / For the tise of the Department only 1 PKOviNCB OF ALBERTA. \ Record No of 191 / Registration or Marriage. Registered at Bridegroom Name in full Age Place of Residence (Nearest Post Office) Place of Birth Bachelor or Widower Profession or Occup'n Name of Parents Father Mother Bride Name in Full Age Place of Residence before Marriage (Nearest Post Office) Place of Birth Spinster or Widow Names of Parents f Father \ Mother Name of Church or Occupier of House in which Marriage took Place and Address (Street and No. if any) Names and Addresses of Two Witnesses Religious Denomination of Officiating Clergyman Of Bridegroom Of Bride Date of Marriage day of. . . 191.... By License or Banns • Remarks I certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand 'at this . ... day of 191.... Officiating Clergynuin. I hereby certify that the above return was made to me at on the day of 191 Registrar's Record No of 1 . 398 VITAL STATISTICS FORM C. Cap. 13 1907 CANADA, PROVINCE OP ALBERTA, Registered at . / For the use of the Department only \ . \ Record No of 191. . . . / Registration of Db^th. Name of Deceased in FuU Date of Death day of 191... Place of Death Street and No. (if any) y Special Information for Hospitals, Transients or Recent Arrivals. Recent Arrivals. Former or Usual Residents. How long at place of death. Where was disease contracted. Sex (Male or Female) Age Married or Single Profession or Occu- pation Place of Birth Cause of Death Name of Physician (if any) attending Fatal lUness Religious Denomination Remarks I certify the foregoing to be true and correct to the best of my knowledge and belief. Given under my hand at .this day of , 191.... Informant. Occupation and Address. I hereby certify that the above return was made to me at «ii the day of 191 Registrar's Record No . Registrar. 399 1907 Cap. 13 VITAL statistics FORM D. Certificate of Registration of Death. I, Registrar at do hereby certify that the particulars of the death of . . . have been duly registered. Given under my hand at this . day of 191 Registrar. This certificate must be obtained before the interment of any body may take place, and must be dehvered at the time of burial to the superintendent or caretaker of the cemetery in which such body is interred. CANADA, province of alberta. FORM E. Certificate of Cause op Death. Name and Surname of Deceased Place of Death (Nearest Post Office) Sex Age Duration of Illness Cause of Death Primary Immediate I hereby certify that to the best of my knowledge and belief the cause of death above stated is the true cause of death of the person herein named. Place Date Attending Physician. N.B. — Physicians furnishing certificates of cause of death will adhere as closely as possible to the schedule of causes of deaths furnished^ them by the Department of Agriculture ,and are requested to avoid giving as causes of deaths conditions which are purely symptomatic. 400 19Q7 CHAPTER 14. An Act for the Protection of Game. {Assented to March 15, 1907.) TJIS MAJESTY, by and with the advice and consent of the ■^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Game Act." short tuie INTERPEETATION. 3. In this Act unless the context otherwise requires — interpretation 1. The term "game" shall apply to all animals, dead or alive, mentioned in sections 4 and 5 of this Act and to the parts of such animals as well as to the birds protected by section 21 of this Act; 2. The term "big game" shall apply to such animals as are mentioned in section 4 of this Act and to the parts of such animals; 3. The term "game bird" shall apply to all birds belonging to the famihes mentioned in section 5 of this Act; 4. The term "fur-bearing animal" shall apply to such animals as are mentioned in section 6 of this Act; 5. The term "close season" shall mean the period during which the killing of any animals or birds is prohibited by this Act; 6. The term "nonresident" shall mean a person who has not resided in the Province of Alberta for three months prior to the &st day of September in any year or who does not occupy a quarter section of land as owner, lessee or homesteader; 1909, c. 5, s. 13; 1910 (2nd Session), c. 13. 7. The term "guardian" shall apply to any person appointed under the provisions of this Act to see to its enforcement; 8. The term "Minister" shall mean the Minister of Agriculture; 9. The period of close seasons shall include the first date but not the last mentioned; 10. The term "game dealer" shall mean any person, or persons, who buy and sell, deal or otherwise traffic in the flesh of any big game or game bird; 1910 (2nd Session), c. 13. 11. The term "market himter" shall mean any person who hunts or shoots game for gain or profit. 1910 (2nd Session), c. 13. PROHIBITIONS. 3. No person shall hunt, trap, take, shoot at, wound or kill ^™Jj°|^ ^ any animal or bird mentioned in this Act on the first day of the prohibited week, commonly known as Sunday. 4. No person shall hunt, trap, take, shoot at, wound or kill:^^'Kjam| 1. Any bison or buffalo at any time; 401 1907 Cap. 14 GAME 2. Any mountain sheep or goat between the fifteenth day of October of one year and the first day of Sepiember of the follow- ing year and in any event not more than two sheep and two goats; 1909, c. 5, s. 13. 3. Any elk, or wapiti at any time; 1910 (2nd Session), c. 13; 1911-12, C.4, s. 25; 1915, c. 2, s. 17. 4. Any prong horn antelope before the first day of October, 1917; 1^13 (2nd Session), c. 25. 5. Any of the deer family, whether known as caribou, moose, deer, or otherwise, between the fifteenth day of December and the first day of November in the following year, and in any event not more than one animal of any one species of such family; 1909, c. 5, s. 13. 6. Any female deer, female moose, female moimtain sheep or female antelope, or the young (under the age of one year), of any of the animals mentioned in this section. 1910 (2nd Session), c. 13. „ ^. ^ 5. No person shall hunt, trap, take, shoot at, wound or kill: Gsbmc birds protected 1. Any bird of those species of the family Anatidae, commonly known as ducks and swans, between the first day of January and the first day of September: 1913 (2nd Session), c. 25. Provided always that any person may at any time take and kill in that portion of the province lying to the north of township 50, any Oidemia deglandi, commonly known as white-winged Scoter; 2. Any bird of the family Gruidae, commonly known as cranes, between the first day of January and the first day of September; 3. Any bird of the family Rallidae, or rails and coots, between the first day of January and the first day of September; 4". Any bird of the family Ldmicolae, or shore birds, including snipe, sandpiper, plover and curlew, between the first day of January and the first day of September; 5. Any bird of the family Gallinae, commonly known as grouse, partridge, pheasant, ptarmigan and prairie chicken, between the 1st day of December and the 1st day of October in the following year; provided that no EngUsh pheasant shall be taken or killed at any time, nor shall more than 10 birds of the family Gallinae be killed by any one person in any one day, nor more than 100 by any one person in one season, and no person, oiher than a game guardian in respect of game forfeited under the provisions of this Act, shall at any time buy, sell, barter or exchange any bird in this subclause mentioned; 1910 (2nd Session), c. 13; 1913 (2nd Session), c. 25. 6. Any Hungarian partridge between the first day of December and the first day of October in the following year; not more than five of the birds mentioned in this subsection to be killed by any one person in any one day, nor more than 25 by any one person in any season and no person other than a game guardian in respect of game forfeited under the provisions of this Act shall at any time buy, sell, barter or exchange any bird mentioned in this subsection; 1909, c. 5, s. 13; 1913 (2nd Session), c. 25. 7. Provided that no person shall buy, sell or traffic in, or place in cold storage the flesh of any bird mentioned in subsection 1, 2, 3 and 4 hereof between the first day of March in any year and the 20th of September following; 1910 (2nd Session), c. 13; 1911-12, c. 4, s. 25. 8. Any Hungarian pheasant before the fu-st day of October^ 1920. 1913 (2nd Session), c. 25. 402 GAME Cap. 14 1907 6. No person shall hunt, trap, take, shoot at, wound or kill:^Hr^^=^"°K 1. Any mink, fisher, or marten between the first day of April '"■°*''<"*'' and the first day of November; nor hunt, trap or take alive any • fox for export from the province; 1913 (2nd Session), c. 25; 1915, c. 2, s. 17. 2. Any otter between the first day of May and the first day of November; 3. Any muskrat between the first day of May and the first day of November; 4. Any beaver at any time before the thirty-first day of December, 1920; 1910 (2nd Session), c. 13; 1915, c. 2, g. 17. Provided that the Lieutenant Governor in Council may suspend the operation of subclause 4 hereof with relation to the close season for beaver during such period, within such territory and upon such conditions as may be deemed advisable. 1909, c. 4, s. 17. (2) No person shall at any time destroy, partially destroy, or leave open, the house of any muskrat or beaver. 191 1-12, c. 4, s. 25. (3) No person shall at any time interfere with or destroy any beaver dam; provided, however, that the Lieutenant Governor in Council may authorize the destruction of any beaver dam or house, or may authorize the taking or kilhng of any fur-bearing animal and the disposition of the same where such taking or killing or disposition is deemed to be in the public interest. 1911-12, c. 4, s. 25. (4) No person shall at any time use or set poison for the killing of fur-bearing animals. 1911-12, c. 4, s. 25. 6a. The Lieutenant Governor in Council may, from time to time, make such further or additional regulations as may be deemed necessary for regulating the buying, selling and exporting of big game, game birds, .and fur-bearing animals reared on game or fur farms. 1913 (2nd Session), c. 25. 7. No person shall at any time hunt, trap, take, shoot at, s-intmi over^ wound or kill any bird or other animal mentioned in this Act, prohibited if it be upon or over any land enclosed by a fence of any kind or any land under cultivation or covered by buildings, nor shall he allow his dog or dogs used for hunting to enter up on such lands with- out having obtained the consent of the owner or occupant thereof. 7a. Any person found within an enclosure of any kind, contrary to any warning notice, surrounding a game or fur farm shall be guilty of an offence and shall be liable on sununary conviction to a fine of not less than $50 nor more than $200 and costs. 1913 (2nd Session), c. 25. 8. No person shall hunt, trap, take, shoot at, wound or kill S'Sgw any big game or game bird between one hour after simset and p^i^bited one hour before sunrise. 9. No person shall at any time use or. set for the destruction or Modes of capture of game: ^^S^Sfted 1. Any poison, opium or other narcotic; 2. Any sunken punts, nightlights, traps, nets or snares of any kind, swivel, spring, automatic or machine shot guns, or any contrivance for the purpose of deadening the sound or report of any fire arm and any person finding such contrivance set or in use may destroy them without incurring any liability therefor. 1913 (2nd Session), c. 25. 403 1907 Cap. 14 GAME Export of prohibited ea!ei)t by permit Regulating the sale of game heads Exportation of low grade furs Eggs protected Sporting dogs to be kept confined Resident's license Game dealers 10. No person or corporation or any railway company, express company or other common carrier, except as herein provided, . shall at any time or in any manner export or cause to be exported or carried, or to have in possession for the purpose of exporting or carrying out of the limits of this province, any of the aminals or birds or parts thereof mentioned in this Act, except in pursuance and by virtue of a permit from the Minister of Agriculture. 1915, c. 2, s. 17. (2) The Lieutenant Governor in Council may specify the fees to be paid for permits issued under this section. 1915, c. 2, s. 17. 11. No person other than a game guardian in respect to game forfeited under the provisions of section 34 except as herein provided for shall sell or expose for sale, barter or trade, nor shall any person buy or obtain from any other person by barter or trade or in any other manner the head or heads of any big game. (2) Any person who wishes to sell any game heads shall make application to the Minister of Agricultvu-e by forwarding an affidavit stating that said heads were lawfully acquired by him accompanied by the necessary fees, when said head or heads will be stamped or branded with the stamp or brand of the Department of Agriculture, and all heads so stamped' or branded may be bought or sold by any person at any time. The fees to be collected for stamping or branding said heads shall be as follows : The head of mountain sheep . . y $5 . 00 The head of mountain goat 2 .00 The head of elk 5.00 The head of Moose 5.00 The head of caribou 5.00 The head of deer 2.00 The head of antelope 2 . 00 13. No person, except as herein provided for, shall ship out of the province a skin or pelt of any fur-bearing animal which is unprime. 13. No person shall, except as herein provided for, at any time wilfully distrub, destroy or take the eggs of any game or other birds protected by this Act. 14. No dog or dogs shall be used by any person or persons to hunt big game and no owner of a dog accustomed to pursue big game shall allow such dog to rim at large in any locality where big game are usually fomid, and any dog found running big game at any time may be killed by any person without incur- ring any liability therefor. 15. No person shall hunt, trap, take, shoot at, wound or kill any big game protected by this Act without ha,ving in his possession a license duly issued to him so to do, which shall be known as a resident's big game license. 1910 (2nd Session), c. 13. 16. No person or persons shall buy and sell, deal or traffic in the flesh of any big game or game bird, without having first obtained a license in that behalf. Every such license shall be issued by the Minister and shall be in force for the calendar year in which' same is issued and shall be subject to the provisions of the game laws in force in the province at the time said license is granted; the fee therefor shall not exceed the sum of ten dollars 404 GAME Cap. 14 1907 for a game dealer's license or five dollars for a market hunter's license. 1910 (2nd Session), c. 13. (2) Every such person or persons shall on or before the thirty- first day of December in every year return said license to the Department of Agriculture with a statement showing the niunber of animals and birds bought and sold and from whom procured under the said license and such statement shall be sworn to by such person or persons or their authorized agent. 17. No person not a resident of and domiciled in the province J'^"™^;^^^^ shall be entitled to hunt, trap, take, shoot at, wound or kill any big game or game bird, or fur-bearing animal whether protected by this Act or not without first obtaining a Hcense in that behalf; every such license shall be signed by the Minister and shall be in force for the calendar year in which the same is issued and shall be subject to the provisions of the game laws in force in the province at the time the said license is granted; the fee to be paid therefor shall be $25 for a general license and $5 for a bird hcense, or $25 for a license to trap fur-bearing animals. Such license shall not be valid unless the signature of the person to whom it is issued is endorsed thereon. 1910 (2nd Session), c. 13; 1913 (2nd Session), c. 25. (2) A holder of a general license shall be entitled to take with him out of the province as trophies the head, skin and hoofs of any big game that have been legally killed by him. (3) Any resident knowingly accompanying or aiding a non- resident to hunt or shoot without the necessary license shall be held equally to have violated the law and shall be subject to like penalties. 1910 (2nd Session), c. 13. 18. No person shall h\mt, trap, take, shoot at, wound or kill any game bird without having in his possession a license duly issued to him so to do, which shall be known as a resident's bird game license: Provided, however, that the provisions of this section shall not apply to any farmer or member of his family residing with him upon his farm, nor to those residents of the province residing to the north of the 55th parallel. 1910 (2nd Session), c. 13; 1913 (2nd Session), c. 25. 19. Residents' licenses may be issued by the Minister or some- ReBidenta' one authorized by him to issue same upon application therefor and''"™^*^ the payment of a fee of two dollars and fifty cents for each big game license, or two dollars and twenty-five cents for each bird game hcense: 1910 (2nd Session), c. 13; 1913 (2nd Session), c. 2, s. 27. Provided, however, that a big game license shall be issued to farmers or sons of farmers residing on their land on payment of one dollar. 1910 (2nd Session), c. 13. (2) Each resident to whom a big game license shall have been issued in any year shall, immediately after the close of the open season for the Mlling or taking of the animals mentioned in section 4 of this Act return the hcense issued to him to the Depart- ment of Agriculture accompanied by an aflidavit sworn before a justice of the peace, or a commissioner for taking affidavits, or a game guardian, showing the number of animals killed or taken by him during the period mentioned in such hcense. 405 1907 Cap. 14 GAME (3) The Minister may require the purchaser of each and every game hcense to wear a button provided by the department, dis- played in a conspicuous place on his coat whenever hunting under said license. 1913 (2nd Session), c. 2, s. 27. (4) and (5). Repealed— 1909, c. 5, s. 13. 19a. Every person when requested so to do by a guardian shal, produce and show to such guardian his license or permit. 1909, c. 5, s. 13. 196. The Minister may make regulations regarding the issuing of licenses and permits, and for the remuneration of the persons issuihg the same. 1909, c. 5, s. 13. Refund to treaty Indians Eooky Mountain and Island Park preserves Birds protected Permits for export of skins unprime 19c. The Lieutenant Governor in Council may authorize the refund to any treaty Indian of the amount paid by him for any license under the provisions of this Act upon a certificate being furnished by any Indian agent under his hand that such person is a treaty Indian on the reserve under his control. 1911-12, c. 4, s. 25. 30. The Dominion Government having set aside sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36 in township 54, range 20, and sections 18, 19, 30 and 31 in township 54, range 19, all west of the fourth meridian and known as the "Elk. Island Park" preserve and that portion of the Rocky Mountains Park of Canada lying within the boundaries of the Province of Alberta, and all other reservations for park purposes that are set aside from time to time by the Dominion or Provincial Governments, the same are hereby declared game preserves and it shall be unlawful for any person or persons to take, shoot at, wound or kill at any time any game in or on any portion of the said preserves, and any person other than a. game guardian fpund on the said preserves carrying fire arms shall be presumed to be carrying the same for the purpose of shooting game or other animals in the said preserves, and shall be guilty of an offence and liable on summary con- viction before a justice of the peace to a fine of not less than $50 and not more than $200 with costs, such fine to be paid into the general revenue fund of the province : 1910 (2nd Session) , c. 13. Provided however that such presumption may be rebutted by proof of a contrary intention on the part of the accused. (2) Any person who injures, damages or destroys the fence enclosing the said Elk Island Park preserve, or any person other than a game guardian found within the fence around said park and carrying a gun or other fire arm shall be guilty of an offence and punishable as provided for in this section. 21. No person except as herein provided for shall fire at, hunt, take or kill any bird whatsoever except wild geese, crows, eagles, goshawks, pigeon hawks, duck hawks. Cooper's hawks, hawkowls, blackbirds, grackles, English sparrows, loons, cormorants, pelicans and magpies. PERMISSION. 33. The Minister may grant permits for the export of imprime skins or pelts of fur-bearing animals subject to such regulations as he may decide upon from time to time. 406 GAME Cap. 14 1907 33. The Minister may issue permits for the export of game Permit to to any person who may make application for same, who at thegaS?J same time must furnish an affidavit to the effect that such game was lawfully killed or acquired by him. The fee for such permit shall be five dollars for each head of big game and one dollar per dozen for game birds, but no permit shall be issued for less sum than one dollar: Provided, however, that a permit may be issued to any person for the export of mounted or branded Tieads, the fee for which shall be II per head. 1909, c. 5, s. 13. 34. Any taxidermist may have in his possession at any time PosBesaion by the head or other parts of any animal mentioned in this Act**" ^™"* for the purpose of preserving, mounting or stuffing the same if accompanied by an affidavit of the owner thereof stating that such animal was lawfully killed or acquired by him in the province or elsewhere. (2) Any game guardian who has reason to believe that any person or persons have any game in his or their possession contrary to the provisions of this section shall have power to enter upon the premises of such persons and make search in every part thereof for such game. 35. The Lieutenant Governor in Council may when satisfactory ^^"^^^^^J reason is shown permit the introduction of foreign game birds game birds and may declare a close season for them during the then current year or may on receipt of a petition from six game guardians extend the close season for any class of game over the current year within limits. 36. No person who has not procured a license for that purpose Guides and shall act as guide or camp helper to any person or persons forg^^rs the purpose of hunting, trapping or shooting in the Province of Alberta. (2) Any person who acts as guide or camp helper to any person or persons who have not procured the necessary licenses as required under this Act shall forfeit his license in addition to any other penalty which may be imposed. This section shall not apply to any person while helping any resident to hunt game birds. (3) The Minister may (subject to such rules and regulations as he may deem necessary from time to time) issue to any resident of the province who is qualffied to act as guide or camp helper a license the cost of which shall not exceed the sum of five dollars. 37. The Minister may grant upon application a permit to anyP^i^tto person to secure or export for propagation for public parks orsoientSo zoological gardens or for scientific purposes : purposes 1. One pair of any or each species of big game or fur-bearing animal; 1909, c. 5, s. 13. 2. One pair of any or each species of game or other bird protected by this Act; 3. One nest of eggs of any or each species of game or other bird protected by this Act: Provided that a fee of S5 accompany the said application which shall state definitely the species required and the special purpose for which wanted and shall be verified by affidavit; 407 1907 Cap. 14 GAME 4. The permit shall be returned at the end of the calendar year with a detailed statement of the species secured; 5. The Lieutenant Governor in Council may grant on appUcation a permit for a greater number of animals or birds than is allowed under this section. Application of Act north of fifty-fifth parallel 38. Any person residing in or travelling through that portion of the province lying to the north of the fifty-fifth parallel of latitude shall be entitled to take and kill at any time (in that portion of the province lying to the north of the said fifty-fifth parallel of latitude) all game birds protected under section' 21 hereof and sufficient big game for the use of himself and family, excepting always elk, buifalo and beaver. Provided that any head of a family actually resident in said portion of the province shall be allowed to take and have in his possession, for the use of himself and family, one head of big game, excepting elk, buffalo and beaver, in each calendar year, without taking out a resident's big game license. 1915, c. 2, s. 17. Penalties 39, Any violatiou of any of the provisions of this Act, except " as herein provided, shall be an offence punishable on a summary conviction before a justice of the peace as respects killing or taking of buffalo with a fine of not less than $200 and not more than $500, and as respects any other violation of this Act with a fine not less than $10 nor more than $50 with costs. 1910 (2nd Session), c. 13. ^f^oaerations ^®' ^° prosccutiou for violatiou of any of the provisions^ of this Act shall be commenced after twelve months from date of such violation. Respecting persons the flu* 'trade Appoints m^nt of tame guar- ians 31. Every company, firm or person engaged in th^ fur trade who buys, sells or trades any fur or skins taken from any of the animals protected by this Act shall make a return within the first fifteen days of June in each year to the Minister of Agri- culture specifying the number of each variety of pelts or skins so bought, sold or bartered for in the province. GAME guardian's POWERS, ETC. 33. The Lieutenant Governor in Council may appoint a chief game guardian and fix his remuneration. (2) The Minister may appoint guardians to enforce the pro- visions of this Act who for that purpose shall have the power of constables. R.N.W.M.P. eay-officio game guardians Seizure and confiscation of game 33. All members of the Royal North-West Mounted Police shall be ex officio game guardians under the provisions of this Act. 34. Any guardian who has reasonable grounds to believe that an offence has been committed under this Act may seize any game, fur-bearing animal or pelt thereof in respect of which he beheves such offence has been committed and take the same before a justice of the peace, who shall notify the person in whose custody the game was found to appear before him at a certain time and establish the rightfulness of his possession of such game, and in the event of his failure to do so, the justice may declare such 408 GAME Cap. 14 1907 game forfeited, and it shall thereupon, except as hereinafter provided, be the property of such guardian: 1910 (2nd Session), c. 13; 1915, c. 2, s. 17. Provided always that if in the opinion of the justice such game is unperishable and exceeds in value the sum of twenty-five dollars, it shall be forfeited to His Majesty to be sold or otherwise disposed of as the Minister may direct; and the proceeds of any such sale shall be forthwith transmitted to the Provincial Treas- urer to form part of the general revenue fund. 35. All guardians shall be empowered to act as commissioners Power of for taking affidavits where necessary so to do in connection with*""^™' the issuing of licenses, permits and affidavits required under this Act. 36. Guardians shall also be empowered to enter upon or P^ssP^^^^t"^ over any lands when in the discharge of their duty, whether and pass enclosed by a fence or otherwise, providing always that said °^" ^"""^ guardian shall be liable for any damage which he may cause in so doing; and such guardian may without warrant arrest any person found committing any offence against the provisions of this Act. 1910 (2nd Session), c. 13. 36a. Any game guardian may upon exhibition of his badge, if he has sufficient ground to believe there is any game killed contrary to the provisions of this Act concealed therein, search, without obtaining a warrant, any vehicle, boat or tent and may, upon obtaining a search warrant, search any building where he believes any game, in coimection with which an offence is believed to have been committed, is concealed. 1913 (2nd Session), c. 25. APPLICATION OF ORDINANCE. 37. Chapter 29 of the Ordinances of 1903 (2nd Session), as Repeal amended by chapter 12 of the Ordinances of 1904 and the Act amending chapter 29 of 1903 (2nd Session), as passed at the First Session of the Legislative Assembly of the Province of Alberta, also chapter 11 of 1902, are hereby repealed. 1913 (2nd ~ ■ ), c. 25; 1915, c. 2, s. 17. ord;er in council. Regulations Framed trNDER Order in Cottncil 290-14 as provided for BY Section 6a of The Game Act adopted on the 9th day of March, 1914. 1. Any and every person, firm or company estabb'shing or operating a game or fur farm for tbe rearing of any fur-bearing animal must obtain a permit to sell or export any sucK animals subject to the provisions of The Game Act and these Regulations, and such person, firm or company or Manager of any game or fur farm, shall on the first days of January and July in each and every year forward to the Department of Agriculture a statement showing the number of animals in his, their or its 'possession, or on the said faxm, their age, species, sex and from whom procured, and the number of animals which have died during the previous six months, and the cause of death, such statement to be in the following form: 409 1907 Cap. 14 GAME o 1 <».3 DQ ed B is fe m 0) -o "^ o 1 0) 3 "3 S 1— 1 r. : i 1 ^ V 0) — 1 03 o iz; & & 1 ^ e 1 I 1 1 1 PH sn • §• S M f lastr in sin l-t QQ oo V O 1 1 -a "S i Did since xportatic O ■ m w 1 1 .2 PC II ^ '3 (u 1 -g^ -1^ o o H H CD 0) a o 1 ■ fe^ fe a> (u ■ • -g^ s p c^ ■ W § ; g : , ID 1 ?s, 1 . Cl oq _aj ST thereof to another setting. 1911-12, c. 4, s. 26. 17. Every thresher shall clean the grain threshed by him, and when it is delivered to the owner it shall contain not more than 100 seeds of noxious weeds other than wild oats, in one thousand of grain, and a.11 screenings containing seeds of noxious weeds shall be destroyed by the owner within five days after it is threshed or removed in closely woven and securely tied sacks. 18. Every thresher shall display in a prominent place upon his machine a card containing this and the two preceding clauses, which card shall be furnished free upon application to the depart- ment. PENALTIES. 19. Every inspector or other officer who neglects to perform Neglect of any duty placed upon him by this Act shall in respect of each f^*^, J'^^^ instance of neglect be guilty of an offence, and liable on summary conviction thereof to a penalty not exceeding |25 and costs. 30. Violation of any provision of this Act for which no penalty violation IS provided shall be an offence and the offender shall on summary "' ^''* conviction thereof be hable to a penalty of not less than five and not exceeding $50 and costs. 1910 (2nd Session), c. 14. 31. Chapter 84 of The ConsoUdated Ordinances of the North- west Territories and all Ordinances amending the same or passed in substitution therefor are hereby repealed. 415 1907 CHAPTER 16. An Act respecting the Manufacture of Butter and Cheese. {Assented to March 15, 1907.) OIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This'Act may be cited as "The Dairymen's Act." Minister Aasociation Creamery Cheese factory Patron INTEBPRETATION. 3. In this Act unless the context otherwise requires — 1. The expression "Minister" means the Minister of Agri- culture; 2. The expression "association" means any association incor- porated or continued under this Act; 3. The expression "creamery" means any place to which is brought the milk or cream from the herds of five or more persons for the purpose of being manufactured into butter for public sale; 1910 (2nd Session), c. 15, s. 1. 4. The expression "cheese factory" means any place to which is brought the milk from the herds of five or more persons for the purpose of being manufactured into cheese for public sale; 1910 (2nd Session), c. 15, s. 1. 5. The expression "patron" means any person bringing or supplying cream or milk to any creamery or cheese factory. 1910 (2nd Session), c. 15, s. 1. PART I. Mode of incorporation ASSOCIATIONS FOE MANUPACTUBE OF BUTTER AND CHEESE. 3. Any five or more persons who desire to associate them- selves together for the purpose of manufacturing -butter or cheese or both or providing cold storgae for the safe keeping therein of the same, or for the purpose of fattening poultry, may make, sign and acknowledge before any person empowered to administer oaths or affidavits to be used in the Supreme Court of the province and file in the office of the Provincial Secretary a declaration in writing in form A in the schedule hereto or to the same effect and such declaration shall state the name of one of the persons signing the same as having been appointed provisional secretary of the association. 1908, c. 20, s. 25. 416 DAIRYMEN Cap. 16 1907 4. No association under this Act shall be incorporated under Restriction as a name identical with that by which any other existing association compSfy" has been registered or so nearly resembling such name as to be likely to deceive the public. 5. Any declaration so to be filed shall designate any one or Place of more places in the province where business is to be carried on. brsSd° 6. Upon the filing of the declaration the members of the corporate association shall become a body corporate by the name therein ^°""° described with power to purchase, hold, sell, pledge or mortgage such lands as are required for the convenient management of their business, with full power to do all necessary acts and enter into all necessary contracts for the purpose of managing and conducting their said business but no such declaration shall be filed unless shares to the extent of 11,500 have been subscribed ji'so?' of which not less than $1,000 have been paid up by the persons ^^^^^.j^^^j signing such declaration and evidence of such subscription and payment shall be filed with such declaration. 1913 (1st Session), c. 9, s. 18. 7. The Provincial Secretary shall endorse on a copy of the Certificate said declaration if sent or delivered to him tor that purpose deolaSftion a certificate of the original having been filed in his office with the date of filing and every such copy of said declaration with such certificate signed by the Provincial Secretary shall be ■prima fade evidence of the facts stated therein and of the incorporation of the association. 8. Within one month after the filing of such declaration as Rules of aforesaid a meeting of the members of the association shall be*^"*"*''™ called by notice to be mailed or delivered to each member by the provisional secretary at least ten days before the day of meeting afld at such meeting or at any adjournment thereof the members of the association. shall agree upon and frame a set of rules for the regulation and management of the association which shall declare and provide among other things — 1. The amount of the whole capital stock of the association if it is to be Umited and the amount of each share; 2. The highest number of shares which may be allotted to any one person not to exceed one thousand dollars; 3. The mode and terms of payment of shares and the manner of making calls thereon and the mode and conditions of the transfer of the shares; ^ 4. The conditions on which new members may be admitted; 5. A mode of convening general and special meetmgs; 6. Provision for audit of accounts; 7. Provision for the withdrawal of members; 8. The appointment of directors and other officers and their respective duties and a provision for filhng vacancies caused hy death, resignation or other causes and a copy of all such rules signed by the secretary shall forthwith be filed in the office of the Provincial Secretary with a statutory declaration by the secretary of the association that the same is a true copy of the rules adopted and such rules shall not take effect until filed as aforesaid, and they shall be framed and filed before the association shall carry on any operations. 417 1907 Cap. 16 DAIRYMEN Amendment of rulea 9. All rules made by any association formed under this part may be repealed, altered or amended or new rules may be made at a regular meeting called for that purpose: Provided -no new or amended rules shall be inconsistent with the provisions of this Act nor have any force or effect until a copy verified by statutory declaration of the president or other head officer or of the secretary of the association to be a true copy of such new or amended rules passed by the association at a meeting specially called as aforesaid has been filed in the office of the Provincial Secretary. Books , 10. The association shall cause a book or books to be kept by the secretary or by some other officer especially charged with that duty wherein shall be kept a . duplicate of the said declaration mentioned in section 3 hereof and of all by-laws, rules and regulations made by the shareholders or by the board of directors and filed as aforesaid in the office of the Provincial Secretary and all members of the association shall sign the said declaration in the said book. Members 11. Any person desiring to become a member of or a stock- holder in any such association after incorporation as aforesaid may subject to the provisions of the said rules sign the said declara- tion in the said book and shall thereupon become such member and shall be entitled to the rights and privileges thereof and shall become liable as such member as fully as though he had signed the declaration prior to the incorporation of the association. Rules to bind members Members' debts to association 13. The rules of every association incorporated under this Act shall bind the association and members thereof to the same extent as if each member had subscribed his name and affixed his seal thereto. And all moneys payable by any member to the association in pursuance of the said rules shall be deemed to be a debt due from such member to the association. Capital stock 13. The Capital of the association shall be in shares of such denomination as mentioned in the rules. Mode of election 14. All elections at meetings of shareholders shall be by ballot and each member shall have one vote for each share of the stock held by him in respect of which he is not in default for any calls made thereon. Disputes may be decided by arbitration Liability of shareholders 15. Any dispute between members or between members and any association, established under this Act, or any person claiming through or under a member or under the rules of such association, and the directors, treasurer or other officers thereof relating to matters coming within the business of the association may be decided by arbitration in manner directed by the rules of the -association, and the decision so made shall be binding and conclusive on all parties without appeal. 16. The liability of the shareholders shall be limited; that is to say, no shareholder in such association shall be in any manner liable for or charged with the payment of any debt or demand due by the association beyond the amount unpaid in respect 418 DAIRYMEN Cap. 16 1907 of any share or shares held by him or her and any shareholder having fully paid up the amount of his said share or shares shall be absolved from all further liability. 17. Every association formed under this Act shall, not later Annual return than the thirty-first day of January in each year, make a return to the Provincial Secretary of its affairs during the year ending the thirty-first day of December preceding. 18. Any person who wilfully violates a contract to supply violation of milk or cream to an association formed under this Act may onjuppi^^ii siunmary conviction thereof before a justice of the peace in addition o"" "'■^a™ to any civil remedy available against him be ordered to pay such association by way of a penalty a sum not exceeding $25 together with costs of prosecution. 19. Any association formed imder this Act shall have power Mortgage on to execute a mortgage upon any real estate pxu-chased or agreed'** ^ * to be purchased by it for the purpose of securing the payment of the whole or a portion of the purchase money of. such real estate or for the purpose of raising money for the purposes of their business and to covenant for the repayment of the said mortgage money and interest or for the piu'pose of securing payment of any bonds issued or to be issued and generally to make such provisions binding on the association as are usually contained in mortgages. 30. The said mortgage may be executed in accordance with How executed the rules passed for the regulation and management of the associa- tion in that behalf and upon being so executed shall be a valid security of the said association. 31. Any such association shall have power to borrow money Borrowing for the purpose of its business and to issue bonds or debentures ""^^^ for the repayment of the same with interest and such bonds or debentures may be secured upon the real and personal estate of the association including called or uncalled capital and such bonds may be issued in accordance with the rules of the said association and shall be payable at such time or times as may be therein expressed and may be mortgaged, sold or hjrpothecated by the said association in accordance with any provisions in that behalf included in the said rules but such bonds shall not be issued until the same shall have been approved by the Lieutenant Governor in Coimcil and a notice of the intended issue of the same in writing shall have been deposited in the office of the Provincial Secretary. 22. No association incorporated under the provisions of this^^^°°' Act shall erect any building for the purpose of manufacturing butter or cheese xmtil the site, plans and specifications of such building or buildings have been approved by the Minister. 23. The Lieutenant Governor in Council may appoint a dairy Dairy commissioner, fix his remuneration and define his duties. conmuBBloner 24. The Minister out of the moneys appropriated for the^°*°^ Legislature in that behalf may authorize the making of a loan 419 1907 Cap. 16 DAIRYMEN Operation of business of association Old associations Repeal to any association incorporated under the provisions of this Act and determine the amounts and conditions upon which such loans may be made and repaid: Provided however that no such loan shall exceed the sum of $1,500. 35. The Minister may with the consent of any association incorporated under the provisions of this Act undertake, and continue in whole or in part the management and operation of the business of any such association upon such conditions and for such period as the Lieutenant Governor in Council may deem expedient. 36. All associations incorporated under the provisions of chapter 65 of .The ConsoUdated Ordinances, 1898, are hereby continued as butter and cheese manufacturing associations imder and subject to the provisions of this Act. 37. Chapter 65 of The Consolidated Ordinances of 1898 is hereby repealed. PART II. SANITATION AND OPERATION. 38. The buildings and premises of every creamery and cheese factory shall be kept in a sanitary condition satisfactoiy to any dairy inspector appointed under the provisions of this Act. 1910 (2nd Session), c. 15, s. 3. 39. All materials entering into the manufacture of butter and cheese shall be clean and wholesome and the methods employed in manufacturing shall be sanitary. 1910 (2nd Session), c. 15, s. 3. 30. The methods of handling and caring for milk, cream and the dairy utensils used by patrons, shaU be clean and sanitary and satisfactory to any dairy inspector appointed under the provisions of this Act. 1910 (2nd Session), c. 15, s. 3. 31. Where the butter fat contents of milk supplied to a creamery or cheese factory is determined by the Babcock test, the measuring pipette shall have a marked capacity of 17.6 cubic centimeters. 1910 (2nd Session), c. 15, s. 3. 33. Where the butter fat contents of cream supplied to a creamery is determined by the Babcock test, the standard sample of cream taken for testing shall weigh 18 grammes. 1910 (&id Session), c. 15, s. 3. 33. Where a composite test is made to determine, by the Babcock test, the percentage of butter fat contained in milk or cream supplied to creameries and cheese factories by any patron, a sample shall be taken from each weighing, and the proportion which such sample bears to the weight of the milk or cream from which it is taken shall be maintained in the taking of all other samples entering into such composite test. 420 DAIRYMEN Cap. 16 1907 (2) The samples of milk and cream collected for a composite test from each patron shall be kept in a cool place, in a separate, tightly stoppered glass bottle or jar plainly labeled with the patron's name. (3) A record shall be kept of all tests, composite or otherwises made to determine the butter fat contents of milk or cream> and any patron or any inspector appointed under this Act shall have the right to examine such record at all reasonable hours. 1910 (2nd Session), c. 15, s. 3. 34. The owner, "operator, manager or other person in charge of a creamery or cheese factory shall keep a record of the amount of milk or cream received each day from each patron, And the , disposition made thereof; also the weight of all butter and cheese manufactured daily. (2) Any patron or any inspector appointed under this Act shall have the right to examine such records at all reasonable hoiuB. 1910 (2nd Session), c. 15, s. 3. 35. The owner, operator, manager or other person in charge of any creamery shall make and deliver with every payment to each patron a statement showing among other details— (a) The period which each payment covers; (b) The quantity of milk or cream supplied by him during such period; (c) The butter fat contents in pounds of such milk or cream; (d) The quantity of butter manufactured therefrom; (e) The basis and rate of payment per pound of butter fat or of manufactured butter as the case may be. 1910 (2nd Session), c. 15, s. 3. 36. The owner, operator, manager or other person in charge of any cheese factory shall make and deliver with every payment to each patron, a statement showing among other details — (o) The period which such payment covers; (6) The quantity in pounds of milk supplied by him during such period; (c) If payment is based on the butter fat value of such milk then the butter fat contents in poxmds must be shown; (d) The basis and rate of payment per pound of butter fat or per hundred pounds of milk as the case may be. 1910 (2nd Session), c. 15, s. 3. 37. The owner, operator, manager or other person in charge of any creamery or cheese factory shall make such statistical returns in such form and at such times as the Minister may require. 1910 (2nd Session), c. 15, s. 3. 38. The Minister may appoint and define the duties of dairy inspectors to enforce the provisions of this Act. 1910 (2nd Session) , c. 15, s. 3. 39. Any dairy inspector appointed under the provisions of this Act shall at all reasonable hours have free access and admission 421 1907 Cap. 16 DAIRYMEN to. all creameries and cheese factories and everything contained therein and on the premises and also to the buildings and premises used for dairy purposes by any patron. 1910 (2nd Session), c. 2, s. 25. 40. The owner, operator, manager or other person in charge of any creamery of cheese factory, who refuses admission or who offers any obstruction or fails to facilitate the work of inspection, who overreads or underreads the Babcock test or who violates any of the provisions of this Act, shall upon simimary con-viction thereof before any justice of the peace, be liable to a penalty of not less than $10.00 and not more than $100.00. (The procedure under this section shall be the same as provided for in chapter 13, section 8, of the Statutes of Alberta, 1906.) 1910 (2nd Session), c. 15, s. 3. 41. No justice of the peace having any pecuniary interest in a creamery or cheese factory as aforesaid shall hear or determine any complaint under this Act. 1910 (2nd Session), c. 15, s. 3. 42. On or before the first day of May, 1911, the owner, operator manager or other person in charge of every creamery and cheese factory shall register in the oflice of the Minister upon forms to be supplied by him the name, location and nature of the business of such creamery or cheese factory and such other information as to ownership and operation as the Minister may require. (2) A record of all such registrations shall be kept by the Minister and shall be open to public inspection. 1910 (2nd Session), c. 2, s. 25. 43. On or after the first day of May, 1911, no owner, operator, manager or other person in charge not registered as provided in the next preceding section shall conduct, operate or carry on the business of any creamery or cheese factory without permis- sion from the Minister so to do and such permission may be granted only upon the report of a dairy inspector. (2) Refusal to grant such permission may be based upon lack of proper equipment or upon unsanitary conditions. (3) An appeal from the decision of the Minister may be made to the Lieutenant Governor in Council. 1910 (2nd Session), c. 2, s. 25. 44. Upon the report of any dairy inspector that a creamery or cheese factory is not in a sanitary condition or that the methods of manufacture are unsanitary the Minister may order the owner, operator, manager or other person in charge thereof to close the same forthwith and it shall be kept closed until the dairy inspector reports that the sanitary condition and methods are satisfactory. 1910 (2nd Session), c. 2, s. 25. 422 DAIRYMEN SCHEDULE. Cap. 16 1907 FORM A. MEMORANDUM OP ASSOCIATION. Province of Alberta, \ To Wit: ; The corporate name of the Association shall be and the objects for which the Association is' to be formed are: The capital stock of the association is to consist of shares of each, and the number of shares shall be limited only as provided by the rules of the association. has been a|>pointed provisional secretary of the association and his post office address is The name of the place where the operations of the said association are to be carried on is We, the several persons whose names and add-esses are subscribed, hereby certify that we desire to form an association pursuant to the provisions of part I of The Dairymen's Act 1907 and we respectively agree to take the number of shares in the capital stock of the association as set opposite our respective names. Dated this day of A.D. 19 Name Occupation P.O. Address No. of Shares Taken On the day of A.D. 19 before me appeared the persons signing the foregoing declaration and they severally bdFore me signed the same and acknowledged that they signed it for the purposes therein mentioned. A.B. I (Signaiure of Officer before whom declaration was made.) 423 1907 CHAPTER 17. An Act to provide for the Establishment of Public Libraries. {Assented to March 15, 1907.) UIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOKT TITLE. Short title 1. This Act may be cited as "The Public Libraries Act." ESTABLISHMENT OF PUBLIC LIBRARIES. Interpretation 3. In this Act unless the context otherwise requires— 1. The expression "mvmicipality" means — (a) Any locality the inhabitants of which are incorporated a town; (6) Any locahty the inhabitants of which are incorporated a city under any Ordinance of the North- West Terri- tories, or who have been or may be so incorporated by any Act of the province; 1909, c. 5, s. 7 (1). 2. The expression "council" means the council, municipal council or other chief governing body as the case may be of any municipality; 3. The expression "board" means the board of management of any public Ubrary established under the provisions hereof. EBtabiishment 3, ^ £j.qq public library may be established in any municipaUty in manner hereinafter provided. Reading room in connection Assent of electors necessary 4. Where such library is so estabhshed there may without any proceedings for the purpose under this Act be connected with the library a free reading room. 5. Upon receipt of a petition praying for the establishment of a public library under this Act and signed by at least one- tenth of the resident electors of the municipality, the council may pass a by-law giving effect to such petition; but such by-law shall not be finally passed by the council until it receives the assent of the electors and for the purpose of obtaining such assent the by-law shall be submitted to the electors in the same maimer and with the like proceedings as are required in the case of any other by-law which requires to receive the assent of the electors of such municipality: 424 PUBLIC LIBRARIES Cap. 17 1907 Provided that the by-law shall not be deemed to have received the assent of the electors unless at least three-fifths of the qualified electors who actually vote thereon are found to have voted in favoiu" of the by-law. 6. A by-law under this Act which has been assented to by when by-law the electors may be passed at the first or any subsequent meetmgbycounS™*'' of the municipal council after such assent has been given. 7. After a by-law has been assented to it shall be the duty Council to pass of the council for the time being to pass the same without dSly"'"*""' unnecessary delay whether such council is or is not the same council which submitted the by-law to the electors. 8. In case the vote of the electors is adverse to the by-law if defeated by no new by-law for the same purpose shall afterwards be passed not tole^'"" by the council to be submitted to the electors within the same''^^"''™'*^'^''' '^ . . , same year mumcipal year. 9. Whenever a pubUc library is established under this Act Board of the general management, regjulation and control of the library '"''°**°"^°* shall be vested in and exercised by a board of management, which board shall be a body politic and corporate and shall be known as " The (name of toion or city) Library Board." (2) In municipalities where the population exceeds 15,000 the Board in cities board shall be composed of seven members as follows: The °™'' ^®''''"' mayor or other head official of the municipality shall be ex officio a member of the board during his term of office, and the council shall appoint from among the resident electors of the municipality the remaining six members of the board, three of whom shall hold office until the date of the first meeting of the council in January of the year ioUowing their appointment, and the other two(f) shall hold office until the date of the first meeting of the coun- cil in January of the second year following their appointment. In other municipalities the board, besides the mayor, shall i» ^V be composed of four members, appointed by the council from™"""* '^ among the resident electors of the municipality, two of whom shall hold office until the date of the first meeting of the council in January of the year following their appointment, and the other two shall hold office until the date of the first meeting of the council in January of the second year following their appoint- ment. 1909, c. 5, s. 7 (2). (3) Except as herein provided every person appointed a member of the board shall hold office for two years. 10. Not more than one member of a council at a time in addition to the mayor or other head official shall be qualified to be a member of the board. H. Notwithstanding anything to the contrary herein con- continuance tained, every member of the board shall continue in office until '""^"^ his successor is appointed. 13. No resolution, by-law, proceeding or action of any kind proceedings of the board shall be invalid or set aside by reason of any person election of'"*'' whose election has been annulled or declared illegal, having acted member as a member of said board. *^" ^ 425 1907 Cap. 17 PUBLIC LIBRARIES When office of 13. If any member of the board of any public library is convicted boM?dto°* of any offence against the criminal laws of the Dominion of vlllnt Canada or becomes insane or absents himself from the meetings of the board for three consecutive meetings without being author- ized by resolution entered upon its minutes or ceases to be a resident within the municipality for which he is a meanber, such member shall ipso f acta. vacsite his seat, and the remaining members shall declare his seat vacated forthwith and notify the council having authority to appoint such member accordingly. Vacancies 14. In case of a vacancy by death or resignation or from any cause other than the expiration of the term for which a member of the board was appointed a successor shall be appointed by the council to fill such vacancy for the remainder of the term. mente made"'' ^^' "^^^ annual appointment of the members of said board shall be made at the first meeting of the coimcil in January in every year; and any vacancy arising from any cause shall be filled at the first meeting of the council after any such vacancy occurs. First appointments 16. Nothing in this Act contained shall deprive the council of the right to appoint the members of said board immediately after the passing of a by-law as herein provided establishing a library or at any other meeting of the council in case for any cause the appointments are not made as hereinbefore provided. Chairman 17. The board shall elect one of their number as chairman, who shall hold office for one year and who shall preside at meetings of the board when present; in his absence a chairman may be chosen pro tempore; the chairman shall have the same right of voting as the other members of the board.. Regular meetings 18. The board shall meet at least once every three months and at such other times as they may think fit. Special meeting 19. The chairman or any two members of the board may at any time summon a special meeting of the board for any purpose by giving such notice in writing or otherwise, and in such manner as shall have been previously fi.xed for such special meetings by resolution at a full meeting of the board. . Quorum 30. No business shall be transacted at any general or special meeting unless three members are present. ^•o°c°e'dings ^l" ^^ Orders and proceedings of the board shall be entered in books to be kept by them for that J^uf pose and shall be signed by the chairman for the time being. Records as evidence 33. The orders and proceedings so entered and purporting to be duly signed shall be deemed to be original orders and proceed- ings and such books may be produced and read as evidence of the orders and proceedings upon all judicial and other proceed- ings whatever. 33. The board shall from time to time procure, erect, rent Duty of board to secure _ . . necessary land or Icasc the necessary land and buildings for the purposes of PUBLIC LIBRA.KIES Cap. 17 1907 the library or of the library and reading room (as the case may be) : Provided that no such board shall in any year purchase any Limit m to lands or erect any buildings or make any addition or alteration «|Pg^*^|j^°^ thereto exceeding in cost $1,000 without the authority of the council. 34. The board shall purchase such books, newspapers, reviews. Duties of board magazines and maps for the use of the library and reading room, as may be deemed advisable, and it shall do all things necessary for keeping the same in a proper state of preservation and repair; the board shall also provide such fixtures, furnishings, fuel, lighting and supplies as may be requisite for the proper main- tenance and accommodation of the library; and it shall have power to appoint and dismiss such officers, servants and employees as it may think fit. 35. The board may make by-laws and regulations for theBy-iawsof safety and use of the library and reading room and for the''""'* admission of the public thereto; and for regulating all other matters and things whatspever connected with the manage- ment of the library and of the reading room, and with the management of all property of every kind under their control for the purpose of this Act; and the board may from time to Penalties time repeal, alter, vary or re-enact any such by-laws or regulations. (2) No such by-law or regulation shall have any effect orpubUcation be binding on any party concerned unless and until a copy thereof "* =*™« certified by the chairman of the board has been posted up in a conspicuous place in the Ubrary. 36. Any person who wilfully commits a breach of any by-law Penalty or regulation referred to in the next preceding section shall for each offence on summary conviction thereof before a justice of the peace or police magistrate forfeit and pay for library purposes to the municipality within which the offence was committed a sum not exceeding $10 together with the costs of conviction as the said justice or police magistrate may think fit. 37. Nothing herein contained shall preclude the recovery Losses and of the value of articles or things damaged, not returned or destroyed "J*™^^ as the amount of damages sustained from parties liable for the same. 38. The board shall in the month of May in every year make Annual up or cause to be made up an estimate of the sums required ^*™**^ during the ensuing financial year for the following — (a) The amount of principal and interest required for the annual payment of any outstanding debentm-e; (6) The expense in detail of maintaining and managing the libraries and reading rooms under its control and for making the purchases required therefor; and such estimate shall be forthwith transmitted to the secretary- treasurer of the municipality. 39. The board of management shall keep distinct and regular Accounts to accounts of their receipts, payments, credits and liabilities and^'^^'^p* the accounts shall be audited by the auditors of the mimicipality 427 1907 Cap. 17 PUBLIC LIBRARIES in like manner and at the same time as other accounts of the municipality and shall immediately thereafter be laid before the council by the board of management. Special aBsess- ment and levy for libraries "When not necessary SPECIAL RATE AND ASSESSMENT. 30. For the purpose of providing for the expenses necessary for carrying this Act into effect the council in addition to all other rates and assessments levied and assessed for municipal purposes may levy and assess from year to year a special annual rate to furnish the amount estimated by the board to be required as aforesaid, but not exceeding one mill in the dollar upon the assessed value of all rateable real and personal property, such rate to be called "The Public Library Rate": Provided however that in case the annual sums required do not exceed five hundred dollars the same may be paid out of the general funds of the municipality without any special levy therefor. DEBENTURES. Debentures Term of debenture Levy for interest and principal of debenture ,31. The council may also subject as hereinafter provided on the requisition of the board, raise by a special issue of debentures of the municipality, to be termed "Public Library Debentures," such sums as may be required for the purpose of purchasing and erecting the necessary land, buildings and in the first instance for obtaining books and other things required. 1909, c. 4, s. 18. (2) Every debenture issued as herein provided shall be made repayable in equal annual instalments of principal and interest and shall not run for a longer period than ten years except in the case of a debenture issued for the purpose of erecting, purchas- ing, adding to or improving a stone, concrete, brick or brick veneer building or buildings for library purposes in which case such debenture may run for a period not exceeding twenty years. 33. During the currency of any debenture so issued the council shall withhold and retain as a first charge on the special annual rate heretofore mentioned such part thereof as shallbe required to meet the annual payment of principal and interest due or falling due on such debenture. APPLICATION OF AMOUNT LEVIED. a^^Sition'of ^^" ^^ moucys levied or raised as aforesaid shall be received amounts levied by the treasurer of the municipality in the same manner as other municipal funds and be paid out by him on the order of the board save as to the amount required to meet the interest and principal due or falling due on any debenture as aforesaid. AID TO PUBLIC LIBRARIES. Grant to libraries Books 34. Subject to any regulation approved by the Lieutenant Governor in Council in that behalf there shall be paid to every public library established under this Act out of any moneys appropriated by the Legislature for that purpose a grant of one dollar for every dollar expended iDy the board on the purchase of books, out of the funds under its control, other than grants , 428 PUBLIC LIBRARIES Cap. 17; fd&H, as herein provided, but so as not to exceed the sum of $300 in any one year. 1910 (2nd Session), c. 2, s. 19; 1914, c. 2, s. 15. (2) The sum of one dollar shall be allowed each public library Newspapers, for every dollar expended on newspapers or magazines for the**"- the purpose of a reading room, but so as not to exceed $50 for each reading room in any one year: Provided always that any sum paid as a grant to any such library shall be expended on the purchase of books, magazines and newspapers within the six months following its receipt by the board. , 35. When the board of any public library fails or neglects Cause for to open the library to the public for a period of two years the*™"""'" council may make an ex parte application to a judge of the Supreme Court for an order declaring the said library to be dissolved, and vesting in the municipality all the real and personal property of the board; and it shall then be lawful for the coimcil through its proper officers to take possession of the said property and dispose of the same as may be deemed advisable. 36. The council upon the request of the board of any public Janitor may library within its jurisdiction may appoint the janitor to bea|eoFS°™*'^- while holding such office a special constable; and such special '=°™**i''* constable shall have the special duty of preserving the peace in the rooms of the library and in the building in which the library is situated, and of preventing stealing, injuring or destroying the property of the library or any breach of the peace therein, and of apprehending offenders, and he shall have generally all the powers and privileges and be liable to all the duties and responsibilities which pertain to the office of a constable. 37. Any person who wilfully disturbs or disquiets any person ^aJ'yjfo' in a pubUc library established and conducted under the authority behavfo;^ of this Act by rude or indecent behaviour or by making a noise shall for each offence on summary conviction thereof before a police magistrate or justice of the peace forfeit and pay for library purposes to the municipaUty within which the offence was committed a sum not exceeding $20 together with costs of conviction as the said police magistrate or justice may think fit. 38. For the purpose of carrying out the provisions of this Mun^imii and Act in any municipality in which a public library is established to apply"** the several provisions of The Municipal Ordinance or of any special Ordinance or Act creating and governing such municipality relating to any matter or proceeding herein contained shall subject to any modification or conditions herein contained be deemed to be part hereof. 39. All libraries and reading rooms established imder this J^'^''|f,.^^ **''■• Act shall be open to the public free of all charges. 40. The forms in the schedule hereto or any forms to thei'ormB like effect may be used for the purposes of this Act and the recitals in the said forms shall be deemed sufficient notwithstanding" any provisions to the contrary in The Municipal Ordinance or in any special Ordinance or Act creating and governing any municipality. 429 1907 Cap. 17 PUBLIC librahies SCHEDULE. FORM A. (Section 5.) Petition. To the municipal council of We, the undersigned resident electors of the said city of (or as the case may he) respectfully pray thst a public library may be estab- lished in this municipahty under The Pvhlic Libraries Act. FORM B. (Section 5.) BY-LAW FOR ESTABLISHING A PUBLIC LIBRAKT WITH THE ASSENT OP THE ELECJ-ORS. A by-law to provide for the establishment of a pubUc library in the city of (or as the case may be). Whereas electors have petitioned the council ■of the said city of (or as the case may be) prajring ior the establishment of a pubUc hbrary under The Public Libraries Ad. Be it therefore enacted by the said municipal council of the said city of (or as the case may be) that in case the assent of the electors is given to this by-law a pubhc library be established in this municipality in accordance with the provisions of The Pvhlic Libraries Act. And be it further enacted that the votes of the electors be taken on this by-law on the day of 19 , commencing at nine o'clock in the morning and con- tinuing until five o'clock in the afternoon at the undermentioned places: (Here insert the -places o/ holding the poll, the name of the retuming^ officer and ihe names of the deputy returning officers.) That on the day of next at Ids office in the at ■o'clock in the noon, the (mayor or other head official as the case may be) shall appoint in writing signed by him two persons to attend to the final summing up of the votes by the returning •officer, and one person to attend at each polling place on behaU of the persons interested in and desirous of opposing the passage of this by-law. That the returning officer shall attend at the at the hour of o'clock in the noon on the day of 19 , to sum up the number of votes given respectively for and against the by-law. NOTICE BY CLERK. The above is a true copy of a proposed by-law which will be taken into consideration by the council of , and the polls for taking the votes of the electors will be held at the hour, day and place named in the said by-law. FORM C. (Section 31.) Public Library Debenture. • Name of Municipality No Province of Alberta. $ Under and by virtue of The Public Libraries Act and of by-law No of the corporation of passed under the powers in the said Act contained the corporation of promise to pay the bearers at the at 430 PUBLIC LIBRARIES Cap. 17 1907 the sum of dollars of lawful money of Canada in equal consecutive annual instalments of principal and interest on the terms and in the amounts specified in the coupons attached. A.B., (Mayor {or as the case may he.) (Corporate Seal.) • CD., Treasurer. Coupon No Debenture No The corporation of will pay to the bearer at the at .' on the .day of 19 the sum of dollare being the instalment of principal together with interest at the rate of per •centum per annum due on that day on Public Library Debenture No A.B., • Mayor {or as the case may be.) CD., Treasurer. 431 1907 CHAPTER 18. An Act respecting the Taxation of Land for Educational Purposes. {Assented to March 15, 1907.) I_IIS MAJESTY, by and with the advice and consent of the ■^ * Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. Short title 1. This Act may be cited as " The Educational Tax Act." 2. Save as in the next following section provided, all land within the province not exempt from taxation by the province, shall be taxed one and one-quarter cents per acre and every occupant of land exempt from taxation by the province, shall be taxed one and one-quarter cents per acre in respect of his interest therein; provided, however, that any occupant of land held under grazing lease or permit from the Government of Canada shall be taxed in an amount not exceeding three-quarters of one cent per acre ; and provided further, that in any case the taxes levied on or in respect of any lot containing at least one acre in any subdivision or plan or on or in respect of any fraction of a section containing at least one acre shall be at least fifty cents, and that the taxes levied on or in respect of any lot containing less than one acre in any subdivision or plan or on or in respect of any fraction of a section containiug less than one acre shall be at least twenty- five cents. 1914, c. 12, s. 1. ExemptionB 3. The exemptions from taxation under the provisions of this Act shall be — 1. Lands included within any organized school district except the interest of any person in land held under grazing lease or permit from the Government of Canada. ; 2. All lands held by or in trust for the use of any tribe of Indians; 3. The land to the extent of one acre held by or for the use of any church and occupied by a building used for church pm-poses; 4. The land in use as a pubhc cemetery, not exceeding twenty- five acres; 5. The land used as a right-of-way for any irrigation canal or ditch; 6. The occupant of any enclosed land held under hay permit; 7. The occupant of any land for which homestead entry has been made under the provisions of The Dominion Lands Ad or of any Act substituted therefor for a period of four years after the making of homestead entry. 1914, c. 1-2, s. 2. 4. The assessment hereinafter provided for shall, except in the case of lands situate in a rural municipality, be made 432 EDUCATIONAL TAX Cap. 18 1907 by the Department of Municipal Affairs which shall issue all notices of assessment and levy and collect all such taxes. Where lands are situate in a rural municipality, such assessment shall be made and the notices of assessment issued by the rural municipality, which shall levy and collect such taxes in the same manner as municipal taxes are levied and collected. 1914, c. 12, s. 3. (2) Any rural municipality so collecting the said taxes shall be entitled to retain two and one-half per centum of the amount actually collected, to cover the expenses of collection. The balance of the money so collected shall be paid to the Minister of Municipal Affairs on the first day of the month next following the date of collection and shall be accompanied by a statement showing the several amounts collected from occupants of land held under grazing lease or permit from the Government of Canada. 1915, c. 2, s. 4. (3) On or before the second day of January in each year every rural municipality shall forward to the Minister of Municipal Affairs a report respecting assessment and taxation under this Act, showing — (a) Arrears of taxes at the beginning of the preceding year; (6) The amount of the assessment for the preceding year; (c) The amount collected and forwarded to the Minister of Municipal Affairs during the preceding year; and (d) The amount of arrears at the close of the preceding year. 1915, c. 2, s. 4. 5. On or before the first day of July, in each year an assessment Assessment roll shall be prepared, upon which shall be entered as accurately '^° as may be the following information with respect to lands or occupants subject to taxation under this Act — (a) Each lot or parcel of land owned or occupied, and the number of acres it contains; (6) The name and post ofiice address of the person assessed as owner or occupant of each lot or parcel; (c) The amount of assessment; {d) The amount of previous assessments which have not been paid. 1914, c. 12, s. 4. 6. If after reasonable inquiry the name or address of the owner Assessment or occupant of any lot or parcel of land caimot be ascertained ^^''000^™? the same shall be deemed to be duly assessed if entered on theuntiown roll as "owner unknown" or "address unknown" as the case may be. 7. Upon the 'completion of the assessment roll it shall be Notice to signed by the Minister of Municipal Affairs, and a notice shall asseied then be sent by ordinary mail to each person whose name appears on the roll, stating the land in respect to which such person is assessed, the amount of such assessment, and requesting payment of the same, and entry upon the assessment roll of the date of mailing such notices together with the initials of the clerk mailing the same, shall be prima facie evidence that the notice was duly mailed on that day. 8. If any property in respect of which any person should ^j""^"*'™ have been assessed has been omitted from the, assessment roUinrou" 433 1907 Cap. 13 EDUCATIONAL TAX Taxes a debt Penalty for nonpayment Taxes recoverable by suit Distress for taxes Tax enforce- ment return or has been entered on the roll in the name of the wrong person, or with an incorrect acreage, the necessary addition or alteration to correct the error may be made at any time in the year in which such assessment is made, such addition or alteration being initialed by the Minister, and a notice of assessment in accordance with such addition or alteration ^hall forthwith be sent to the owner or occupant of the property affected thereby. 9. The taxes accruing upon, or in any respect of any land under the provisions of this Act shall be a debt, and shall be payable in cash, and shall be a special lien upon such land having priority over any claim, lien, privilege or encumbrance thereon, except claims of the Crown and local improvement and irrigation district taxes. (2) In the event of any taxes remaining unpaid on the 1st of January of the year following that in which the same were levied there shall be added thereto as a penalty an additional sum amounting to ten per cent, of such taxes. On the first day of January of each year thereafter, as a penalty, an additional sum amounting to ten per cent, of all arrears of taxes shall be added thereto. (3) All taxes or arrears of taxes due hereunder may be recovered by suit in the name of the Minister of Municipal Affairs, in which case the assessment roll shall be prima fade evidence of the indebtedness of the person assessed therefor. 10. In case any ratepayer neglects or refuses to pay his taxes due upon or in respect of any land by virtue of this Act for two months after the mailing of the notice provided for by section 5 thereof the Minister of Municipal Affairs may by his agent levy the same with costs by distress of the goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession, wherever the same may be found in the province, or of any goods and chattels found on. the premises the property ' of, or in the possession of any other occupant of the premises and may impound the same on the premises where distrained, and no claim of property, lien or privilege shall be available to prevent the same, or payment of the taxes and costs out of the proceeds of the sale thereof. 1914, c. 12, s. 5. 11. The Minister shall during the month of January in each year prepare a separate statement, to be known as "the tax enforcement return," and the said Minister shall enter in such return the following information in the columns provided for the purpose — (a) The name and post offic6 address of each person whose name appears on the last revised assessment roll and who has not paid all taxes due by him thereunder for the year next preceding the preparation of the said roll, or for any former year; 1911-12, c. 4, s'. 27. (b) A description of each lot or parcel of land for or in respect of which each such person is assessed; 1914, c. 12, s. 6. (c) A statement of the taxes due by each such person on each lot or parcel of land for which he is assessed, including the taxes of the next preceding year ani showing the year 'for which all such taxes were levied. 1911-12, c. 4, s. 27. 434 EDUCATIONAL TAX Cap. 18 1907 11a. The said return shall for all purposes be prima /acie Return evidence of the validity of the assessment and imposition of the vrulurof taxes, as shown therein, and that the steps and formalities pre- ^"esament scribed by this Act have been taken and observed. 1911-12, c. 4, 8. 27. 13. On application by the Attorney General or some advocate ^"fS^™ authorized by him to a judge of the District Court of the judicial confirmation district within which such lands are wholly or partly situated, or if such lands are situated within more than two judicial districts to the judge of the District Court of 'any of such judicial districts, such judge may appoint a time and place for the holding of the court for confirmation of the return mentioned in the preceding section, notice of which shall be published in every issue of the official gazette for two months, and once each week for at least eight weeks in a local paper published in the vicinity of the lands entered on such return to be named by the Minister of Municipal Affairs. 1911-12, c. 4, s. 27. (2) A notice of the time and place fixed for confirmation of such returns shall be sent by registered mail at least sixty days prior to the time so fixed to each person who appears by the records of the proper land titles office or by the said return to have any interest in the lands mentioned in the said return in respect of which confirmation is desired, and whose post oflftce address is shown by said records of return; and the entry against such lands of the date of mailing such notice together with the initials of the Minister of Municipal Affairs shall without proof of the appointment or signature of the said Minister be prima fade evidence that the required notice has been mailed. 13. At the time and place so appointed the judge shall hear Adjudication the application and also any objecting parties and the evidence ''^ ^""^^^ adduced before him; and thereupon adjudge and determine whether or not the taxes imposed respectivdy upon each parcel of land included in the return were either wholly or in part in defaidt; and report the adjudication to the said Attorney General; and shall also confi^rm the return as to thes^ parcels on which any taxes are determined to be in arrears for over two years, naming the amounts severally and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application; and the effect of such adjudi- cation shall be to vest in the Crown for the public use. of the province the said lands, subject however to redemption by the owners respectively of 'the said lands at any time within one year from the date of the adjudication by the payment to the Minister of Municipal Affairs of the amounts named, including expenses as aforesaid together with a redemption fee of five cents for each and every acre in the parcel so redeemed; but no such redemption fee shall be less than two dollars: Provided that the Minister of Municipal Affairs may upon such terms as seem to him to be just allow redemption after the expir- ation of the said period of one year. (2) For the pm-poses of this section all taxes shall be held to be due on the first day of Janualry of the calendar year within which the same are imposed. 435 1907 Cap. 18 EDUCATIONAL TAX (3) In the event of any person successfully opposing con- firmation of the said return as to the land in which he is interested, the judge may order ah allowance to him as witnees fees to be paid by the province. (4) A copy of such adjudication certified by the Minister of Municipal Affairs shall be forwarded to the registrar of land titles of the land registration district in which the lands named in the adjudication or any of them are situated; and such copy shall be notice to the public of the facts contained therein. fp^taent*"^ 14. If any person interested in any parcel of land contained in the return presented to the judge for confirmation as provided by section 12 of this Act pays the taxes upon such land before the date fixed for confirmation of such return, but after such date has been fixed he shall in addition to the amoimt of taxes shown by such return to be overdue pay the sum of $1 for each quarter section or portion thereof in view of the cost of appli- cation to the judge and advertising and postage in connection with such proceedings. Order vesting title in Crown No double 15. At any time after the expiration of the year last named on ex parte application by the Attorney General or some advocate authorized by him and production of the last named adjudication together with a certificate of the Minister of Municipal Affairs showing that the land has not been redeemed the judge by order in chambers may direct that the title to such of the land named in the adjudication as has not been redeemed by the owner, be absolutely vested in His Majesty freed from all hens, mortgages and encumbrances of whatever nature and kind the same may be. 16. Upon the Minister of Municipal Affairs being satisfied' that any lands assessed hereunder for any year have been included in any organized school district and assessed for school purposes therein, for the same year the said Minister may cancel the assess- ment made hereunder for the said year and direct that any moneys received by the Department of Mimicipal Affairs by Adrtue of such assessment be reftmded. 1910 (2nd Session), c. 2, s. 20; 1915, c. 2, s. 4. •I Note. — The amendment to s. 16, hy s. 4, c. 2, 1915, shall be deemed to have been made on the first day of Jantiary, 1913, and to take effect therefrom. 1915, c. 2, s. 4, ss. 3. (2) This section shall apply to taxes imposed before as well as after the passing of this amendment. 1910 (2nd Session), c. 2, s. 20. 16a. Upon the Minister of Education being satisfied that any organized school district has failed or ceased to operate a school therein, the Lieutenant Governor in Council may by order declare the lands within such school district to be subject to taxation hereunder, and upon such order being made and jiotice thereof published in The Alberta Gazette, the land included in such school district shall be subject to taxation in the same way and to the same extent as though it were not included in an organized school district, until such time as the said order "is rescinded by the Lieutenant Governor in Council. 1910 (2nd Session), c. 2, s. 20. 436 EDUCATIONAL TAX . Cap. 18 1907 17. The moneys levied under this Act shall be paid to the Provincial Treasurer as collected; provided, however, that any expense incidental to the assessment levy and collection of the taxes hereunder shall first be deducted therefrom. 1911-12, c. 4, s. 27; 1914, c. 12, s. 7. 17a. One-third of the moneys received by the Provincial Treasurer under the provisions of the last preceding section in respect of the taxes levied and collected under an assessment and levy made during the year 1915 or in any year thereafter, on land held under grazing lease or permit from the Govermnent of Canada, shall be deposited by him in a special trust account to be paid to the Minister of Education from time to time for administration under the provisions of section 36 of The School Grants Ordinance, and any balance of such trust fund not so administered shall be paid into the general revenue fund of the province at such time or times as the Provincial Treasurer shall direct. 1914, c. 12, s. 8. 176. All moneys now in hand, and all moneys received by the Provincial Treasurer under the provisions of section 17, other than moneys to be deposited in the trust fund created by the provisions of the next preceding section, shall be dealt with as provided by The Treasury Department Act. 1914, c. 12, s. 8. ■ 18. The Provincial Auditor shall see that all moneys collected Audit under this Act are deposited and disbursed as provided for in this Act. (2) The Provincial Auditor or his nominee may audit and shall have the right to audit and inspect all accounts of every rural municipality insofar as they relate to assessment and taxation under this Act, and shall have access to all books, papers, receipt- stubs, vouchers and other dociunents containing any references or entries concerning the said assessment and taxation. 1914, c. 12; s. 9. 19. In this Act unless the context otherwise provides — interpretation 1. "Owner" includes any person who has any right, title or estate whatsoever or any interest other than that of a mere occupant in any land; 2. "Occupant" includes the inhabitant occupier of any land or if there be no inhabitant occupier the person entitled to the possession thereof and the leaseholder or holder under agreement for lease and holder under agreement for sale and any person having or enjoying in any way or for any purpose whatsoever the use of the land; 3. "Ratepayer" means any owner or occupant of land who is over eighteen years of age; 4. "Land," "lands" or "real property" include lands, tene- ments and hereditaments and any estate or interest therein. 437 1907 CHAPTER 19. Short title An Act respecting the Taxation of Corporations and Others. {Assented to March 15, 1907.) UIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHOBT TITLE. 1. This Act may be cited as " The Corporations Taxation Act." Interpretation Bank Private bank Insurance company Loan company INTERPRETATION. 2. In this Act unless the context otherwise requires — (a) The expression "bank" means and includes any corporation or joint stock company whatsoever- incorporated for the purpose of doing a banking business, whether the head office is situated in the Province of Alberta or elsewhere, and which transacts a banking business in Alberta and includes a savings bank; (6) The expression "private bank" means any person or any number of persons associated together, transacting and doing a general banking business in the Province of Alberta; (c) The expression "insurance company" embraces and includes life, fire, ocean, marine, inland transit, accident, plate glass, steam boiler and burglary insurance companies and every guar- antee company wheresoever such companies may be incorporated, whether the head office is situated in the Province of Alberta or elsewhere, and which transacts business in the Province of Alberta, but does not include mutual fire insurance companies (unless where any mutual fire insurance company transacts business on the cash plan), or friendly, fraternal or charitable societies or associations, chartered or licensed by the Dominion of Canada or any of the provinces thereof, transacting insurance in the Province of Alberta; (d) The expression "loan company" embraces and includes every investment company, mortgage company, loan company and loaning land company, and also every corporation, incor- porated company and association wheresoever incoq)orated, not being a bank, whose business or one of whose businesses is to lend money at interest on the security of real estate, or any interest therein, either to the public or its own members, whether the head office is in Alberta or elsewhere, and which carries on any such business in Alberta, even though the mortgages or other securities belonging to such company, corporation or associ- ation may be taken in the name or names of some person or persons or corporation other than the company or corporation or association taxable; 1907, c. 19, s. 2; 1908, c. 20, s. 27; 1913 (2nd Session), c. 19, s. 1. 438 CORPOKATION8 TAXATION Cap. 19 1907 (dd) The expression "land company" embraces and includes Land every corporation, incorporated company and association, where- ''"'"p*"^ soever. incorporated, empowered under its charter, act ~ of incor- poration or articles of association to buy and sell land or other real properties in Alberta, which has, during or at any time within the year for which the tax is being collected, bought or sold lands, held lands for sale or had, at the end of the calendar year preceding taxation under this Act, among its assets any money remaining unpaid on any sale of such lands, no matter where made, and including any such investment or invested moneys owned by the company, corporation or association, which may be taken in the name or names of some person or persons or corporation other than the company, corporation or association taxable; 1913 (2nd Session), c. 19, s. 1. (e) The expression "company," "joint stock company," andP9™p^^°y^ "corporation" respectively embrace and include every corporation, companj; incorporated company and association to which this Act refers""''"''*""' and which transacts, or which during the year in respect of which the tax is payable has transacted business in Alberta whether now or hereafter incorporated by or under any Statute or Act of Parhament or of a Legislature or by letters patent or otherwise, howsoever, within the territories and dominions of the Crown, or within any foreign country and wheresoever organized and incorporated, and wherever the head office is situated or where- soever the board of management or executive officers transact the business of the company, and also apply respectively to all similar companies, associations or corporations, which may be hereafter incorporated for such purposes as aforesaid and which shall do or transact business in Alberta, and where any such corporation, company or association shall be placed in the hands or control of agents, assignees, trustees, liquidators, or receivers or other officers then to such agents, assignees, trust^s, liquidators, or receivers or other officers; (/) The expressions "company," "joint stock company," and "corporation" further respectively embrace and include an individual, a partnership, syndicate or trust, where the class or kind of business to which this Act applies is conducted or carried on in Alberta by such individual, partnership, sjTidicate or trust whether the head office or chief place of business of such individual, partnership, syndicate or trust is in Alberta or elsewhere, but the word individual in this clause shall not apply to an individual merely because of his lending money; (g) The expression "head office" in the case of companies Head office organized by or under or by virtue of The Companies Ordinance or any Act of the Legislature passed in substitution therefor or by or under any Act of the Legislature of Alberta shall mean the place in the province where the registered office of the company is situated according to the memorandum of association, or Act, or Ordinance incorporating the same; (h) The expression " head office " in the case of foreign companies shall mean the place within the province at which the person named to act as the attorney of the company, under The Foreign Companies Ordinance, resides; (i) The expression "head office" in case of banks, whose organization and chief executive officers are without Alberta, shall mean the office within Alberta which on the thirty-first day of December in the year one thousand nine hundred and 439 1907 Cap. 19 CORPORATIONS TAXATION Minister six did the largest business within Alberta during the year one thousand nine hundred and six. In the case of banks, where- soever incorporated, which may hereafter commence business in Alberta, the head offices thereof shall be designated by the chief executive officers thereof and notice thereof shall be given to the Minister and where no such notice is given the head office shall be designated by the Lieutenant Governor in Council; 1911-12, c. 4, s. 28. (j) The expression "Minister" means the Provincial Secretary for Alberta. 1911-12, c. 4, s. 28. taxes: how and when payable. Company to pay tax annually Private banks In village centres Branch office Insurance companies 3. For the purposes of adding to or supplementing the revenues of the Crown in the Province of Alberta, every company, joint stock company, corporation, association, individual, partnership, syndicate, or trust hereinbefore described, and being any of the classes of companies or corporations, or being an individual partnership, syndicate or trust hereinafter mentioned. or referred to, and which transacts business in the Province of Alberta under its, his or their name or otherwise or through an agent or agents, shall annually pay to the Crown in this province each and every year the' several taxes by this Act imposed thereon at the times and in the manner hereinafter provided — (a) Every head office of a bank shall pay a tax of $1,000; 1913 (2nd Session), c. 19, s. 2. (6) Every such bank shall pay an additional tax of $125.00 for each branch office or agency; 1913 (2nd Session), c. 19, s. 2. (c) Every private bank other than private -banks in villages shall pay a tax of $200. In villages private banks shall pay a tax of $100. All such banks shall pay an additional tax of $25 for each branch office or agency in the province, but no such latter tax shall be levied upon more than one office, branch or agency in any one city, town or village, or village centre; {d) Every insurance company which transacts business in 'the Province of Alberta shall pay a tax of one per cent. calculated on the gross premiums received by such company in respect of the business transacted in the Province of Alberta during the preceding year, but in the case of mutual fire insurance companies which receive premiums in cash the tax shall be calculated on the gross premiums received by such companies in cash in respect of the insurance transacted on the cash plan in the said province during the preceding year : Provided that "gross premiums" in this subclause . shall not be taken to include any portion of a premium which is returned to the insurer by way of refund; (i) In the case of an insurance company which lends or invests money on securities in the province, and has invested in the province more than fifty thousand dollars such company shall in addition to the one per cent, of gross premiums, pay a tax of one-quarter of one per cent, on the gross income of the company 440 COKPOKATIONS TAXATION Cap. 19 1907 received during the year from its total investments in the province; 1908, c. 20, s. 27; 1913 (2nd Session), c. 19, s. 3. (ii) In the case of re-insm-ance by an insurance company, rie-insurance the principal company shall be exempt from the tax imposed by this Act on the portion of the premiun paid to the re-insuring company but the company receiving the premium for the re-insurance shall nevertheless be liable for the tax in respect thereof as part of its gross premiums. Where the re-insur- ing company does not conduct business in Alberta or has no principal or head office therein, the principal company shall retain in its hands so much of the said premium as will be equivalent to the tax by this Act imposed on or in respect of such premiimi and shall be liable for the tax and for the payment thereof to the Minister; (e) Every loan company which transacts business in thexaxation Province of Alberta shall pay a tax of one-half of one "^^^ny per cent, on the gross income of the company received during the year from its .investments in the province, of whatever nature, including in such gross income any bonuses received for allowing prepayment of loans and revenues of any other nature from such iavestments,' including interest received on all bank accounts; with a minimum tax of twenty-five dollars when the paid-up Minimum capital of the company is less than fifty thousand dollars, **" and fifty dollars when the paid-up capital is fifty thousand dollars or more but less than one hundred thousand dollars, and one hundred dollars when the paid-up capital is one hundred thousand dollars or more, which provision of a minimum tax shall apply to a company during the first year of doing business in the province as well as thereafter; 1913 (2nd Session), c. 19, s. 4. (ee) Every land company which transacts biisiness in the Taxation Province of Alberta shall pay a tax of forty cents ioT°l^p^ny every thousand dollars of money invested in the province, including money invested in the purchase or acquisi- tion of lands or other real or personal property, money remaining unpaid at the end of the preceding calendar year on any sales of such land, no matter when made, with a minimum tax of twenty-five dollars when the Minimum paid-up capital of the company is less than fifty thousand *»" dollars, fifty dollars when the paid-up capital of the company is fifty thousand dollars or more, but less than one hundred thousand dollars, and one hundred dollars when the paid-up capital is one hundred thousand dollars or more, which provision of a minimum tax shall apply to a company during the first year of doing business in the province as well as thereafter. 1913 (2nd Session), c. 19, s. 4. (i) (Repealed— 1913 (2nd Session), c. 19, s. 4.) • (ii) (Repealed— 1913 (2nd Session), c. 19, s. 4.) (iii) (Repealed— 1913 (2nd Session), c. 19, s. 4.) (iv) (Repealed— 1913 (2nd Session), c. 19, s. 4.) (v) (Repealed— 1913 (2nd Session), c. 19, s. 4.) 441 1907 Cap. 19 CORPORATIONS TAXATION Taxation of trust company Minimum tax Tax where security is held in the name of trustee Proviso Street railway company (vi) (Repealed— 191Z (2nd Session), c. 19, s. 4.) (vii) (Repealed— 1913 (2nd Session), c. 19, s. 4.) (viii) It shall not be lawful for a loan company to charge any portion of the tax payable by it hereunder to any mortgagor of or borrower from the com- pany, either by adding a portion of such tax, or an amount siated to be in respect of or for such tax, to the periodical payments or principal or interest, or principal and interest, and other charges payable by such mortgagor or borrower to the company, or otherwise, and any loan company that violates the provisions of this subsection shall be liable upon summary conviction to a fine of not less than $10 and not more than $50; and the justice or magistrate may by his conviction order that the amount (if any) that shall have been obtained from any mortgagor or borrower by the loan company in respect of the tax payable by such company hereunder be forthwith refunded to such mortgagor or borrower by the loan company; 1909, 0. 4, s. 19. (/) Every trust company which transacts business in the Province of Alberta shall pay a tax of one-half of one per cent, on the gross income of the company received during the year from its total investments in the province, including in such investments all moneys invested in the purchase of lands or interest therein, and including also money invested on behalf of or in trust for other corporations, unless such other corporations have paid taxes to the govermnent upon such investments, and including all unpaid purchase money on lands or interests therein which have been sold as shown by a statement of the affairs of the company, with a minimum tax of $100 where the paid up capital of the company is $100,000 or less, and $175 if the paid up capital exceeds $100,000, which provision of a minimum tax shall apply to a company during the first year of doing business in the province as well as thereafter. The same tax shall be payable by every trust company in respect of such moneys invested, although the mortgages or other securities therefor may be taken in the name or names of some person or persons or corporation in trust for or on behalf of such trust company; provided, how- ever, that in all cases of investments of moneys belonging to any company or corporation through a trust company, the tax upon such trust company in respect of such investments shall not be greater than if such investments had been made directly by such first mentioned company or corporation; 1913 (2nd Session); c. 19, s. 5. (g) Every street railway company in the Province of Alberta and every company working or operating a railway or part thereof entirely or partly by electricity in any city in the said province for carrying passengers shall pay a tax of $200 in each and every year where the the whole fine of track is twenty miles or less and $10 for each mile of track in excess of said twenty miles. In all cases the mileage shall be computed on the single 442 CORPOEATIONS TAXATION Cap. 19 1907 track, each mile of double track being counted as two miles of single track. Switches or sidings, tracks into car shed, Y's and portions of track not in general use shall be excluded from the computation of mileage; (h) Every company doing a general commercial telegraph Telegraph business in the Province of Alberta shall pay a tax of"™"*"^ one per cent, of its gross revenue, without any deductions whatsoever, earned, derived, accrued or received from any source whatsoever which may arise from business transacted in the province and the Provincial Secretary may take such steps to ascertain what proportion of the said gross revenue does arise from business transacted in the province as to him seems necessary or expedient; 1907, c. 19, s. 3; 1911-12, c. 4, s. 28; 1913 (2nd Session c. 19 s. 6. a,y over all such moneys or securities for money or valuable securities or property as shall come into his hands, custody or control by virtue of or in consequence of his holding to the said ofBce; And further, if the principal, upon his removal from, or his resignation of the said office or employment, or if in the event of his death during his tenure of the said office or employment his legal represents^ tives, or some or one of them, do and shall quietly surrender and deUver up the same, and aU the moneys, securities for money, valu- able securities, or property, books, papers, instruments, instructions, maps, plans, letters and writings, and other things whatever, which then may be or ought to be in his possession, ciistody or keeping, by virtue of or in consequence of his holding the said office, or relating or in anywise appertaining thereto, then the above obUgation shall be nuU and void and of no effect; otherwise the same shall be and remain in full force and virtue. AFFIDAVITS TO BE ANNEXED TO THE BOND. Affidavit of Witnesses. Canada: f I, CD., of PROVINOB OF ALBERTA, < in the To Wit: I Province of Alberta, make oath and say that I was personally present, and did see the obligors in the above bond or writing obligatory named, duly execute the said instrument by signing, sealing, and, as their respective acts and deeds, delivering the same, and that I am a subscribing witness to such execution. Sworn before me at in the said province, this day of .A.D., One thousand (Signature) CD. {Signature) A.B. {A separate affidavit in this form shall be made by a wUness to the execution of each obligor, if the sam^ person does not witness the execution by aU of them.) FORM B. Canada: I, A.B., one of the sureties in the annexed PROVINCE OF ALBERTA, } bond named, make oath and say as follows: To Wit: J 1. I am seized and possessed to my own use of real {or real and personal) estate at in the Province of Alberta, of the actual value of $ over and above aU charges upon or encumbrances affecting the same. 2. My post office address is as follows : Sworn before me at this day of A.D. one thousand (Signature) A.B. (Signature) CD. (A separate affidavit to be made by each surety). 486 SECURITY BY PUBLIC OFFICERS Cap. 10 1908 Endobsembnt op Bond. The endorsement on the bond shall show: 1. The date of its receipt by the Provincisil Secretary. 2. The names of the principal and sureties, and the amount for which each is bound. 3. TTie date of the bond. 4. The ofBce for the faithful discharge of the duties whereof it is given. 5. The registration niunbfcr. 6. The folio on which it is entered in the, register of bonds. 487 1908 CHAPTER 11. An Act respecting the Alberta Reformatory for Boys. (Assented to March 5, 1908.) I_IIS MAJESTY, by and with the advice and consent of the ^'- Legislative Assembly of the Province of Alberta, enacts as follows: Short title Interpretation Sentence Sentenced Industrial reformatory Minister SHOBT TITLE. 1. This Act may be cited as "The Reformatory Act." 1909. c. 5, s. 16. INTERPRETATION. 2. In this Act, unless the context otherwise requires — (a) The expression "sentence" includes any order made by lawful authority for the confinement of any boy in the iadustrial school hereinafter mentioned; (6) The expression "sentenced" includes the making of such order; (c) The expression "reformatory" means "The Alberta Reform- atory for Boys." 1909, c. 5, s. 16. (d) The expression "Minister" means the Attorney General of Alberta. 1909, c. 5,. s. 16. ESTABLISHMENT OF- SCHOOL. Name; and 3, There shall be an institution in this province to be known S*?rfOTm"to^ as "The Alberta Reformatory for Boys," and the said institution shall be a reformatory prison within the meaniug of any present or future Act of the Legislature of Alberta or of the Parliament of Canada relative to reformatory prisons. 1909, c. 5, s. 16. Situation of reformatory 4. Until otherwise provided, by Act of this Legislature or by order of the Lieutenant Governor in Council, the said institution shall be situated at such place as shall be designated by the Lieutenant Governor in Council. Object of reformatory Officers 5. The reformatory shall have for its objects the custody and detention, with a view to their education, industrial training and moral reclamation, of such boys as shall be lawfully sentenced to confinement therein. 1909, c. 5, s. 16. 6. The Lieutenant Governor in Council may, from time to time, appoint for the reformatory a superintendent, and such other officers and servants as the efficient management of the said reformatory may require, and may fix and determine their respec- tive salaries. 1909, c. 5, s. 16. 488 REFOEMATOEY Cap. 11 1908 7. The constable to whom a warrant of commitment of any Commitment boy, sentenced to confinement in the said reformatory, is entrusted, Mfomau>ry or any oflScer or person authorized or appointed for that purpose by the judge or magistrate who imposed such sentence, shall, with all convenient speed, convey and deliver up such boy, together His removal with such warrant, into the custody of the superintendent of*''®'" the reformatory, or such other person as may for the time being be in charge thereof, and the superintendent or other person in charge shall give a receipt in writing for every boy so received into his custody to the constable or other officer or person as his discharge; and such boy shall be kept in custody in the period, of his reformatory, or other lawful place to which he may be removed '^"*®°*^'"' until the termination of his sentence, or until his pardon, release or discharge by law, or until he is removed therefrom by com- petent authority. 1909, c. 5, s. 16. 8. The constable or such other officer or person may secure Powara of and convey such boy through any district through which he may °°°°'*^'° have to pass; and until such boy shall have been delivered to the superintendent of the reformatory or other person for the time being in charge thereof, or to the keeper of any place to which such boy may lawfiilly be removed from the reformatory, the constable or such other officer or person shall have, in every part of this province through which it may be necessary to convey ' such boy, full and absolute jurisdiction, power and authority over and with regard to such boy, and to command the assistance of any person to prevent his escape and to recapture him in case of his escape. 1909, c. 5, s. 16. GENEEAL EEGTJLATIONS. 9. All dealings and transactions on account of the school Contaaota, and all contracts for goods, wares or merchp,ndise necessary made for the maintaining and carrying on of the industrial operations of the said institution, or for the sale of goods prepared or manufactured therein or for the hire, labour or emplosmient of any boy therein confined, either within or without the limits of the reformatory, shall be entered into and carried out in the name of the Minister of PubUc Works of Alberta on behalf of His Majesty. 1909, c. 5, s. 16. 10. The Lieutenant Governor in Council may make rules lieutenant and regulations for the management, interior economy andg"^"^ discipline of the reformatory, and for fixing and prescribing the mate mies duties and conduct of the superintendent and every other officer and servant employed therein, and for the clothing, maintenance, education, employment, industrial instruction, classification, discipline, correction, pimishment, reward and general over- sight and care of all boys sent to the reformatory, and may repeal and amend the same from time to time. 11. The Minister shall have power simamarily to suspend any Minister may of the officers or servants of the f eformatorj'^ for misconduct or '"^"""^ officers other cause in his opinion warranting such action, until the circumstances of the case shall have been reported to and decided by the Lieutenant Governor in Coimcil; and the Minister may, in the meantime, cause any officer or servant so suspended to be 489 1908 Cap. 11 BEFOEMATOEY Inspection of reformatoiy by Minister May summon witnesses and compel Eroduction of ooks, etc. * removed beyond the precincts of the school; and it shall be the duty of the Minister to recommend the removal of any officer or servant whom he finds incapable, inefficient or negligent in the execution and performance of his duty, or whose presence in the reformatory he may deem injurious to the interests thereof; and the pay of every officer or servant so suspended shall cease during the period of such suspension. 1909, c. 5, s. 16. 13. The Minister shall have power, at all times, to enter into the reformatory and have access to every part thereof, and to examine all papers, documents, vouchers, records, books and other things belonging thereto, and to investigate the conduct of any officer or servant employed in and about the school, or of any person found within the precincts thereof; and may summon any person before him, by order \mder his hand, and examine such person under oath touching any matter relating to any breach of the rules of the reformatory, or any matter affecting the interests of the institution, and may, by the, same or like order, compel the production of books, papers and writings before him; and any person having been duly served with a copy of such order, who shall neglect or refuse to appear at the time and place specified therein, or shall refuse to give evidence or to produce the books, papers or writings demanded of him, may, by virtue of a warrant under the hand of the Minister, be taken into custody and imprisoned in the common gaol, as for contempt of court, for a period not exceeding fourteen days. 1909, c. 5, s. 16. SUPERINTENDENT. Powers and 13. The Superintendent of the reformatory shall reside in or superintendent near the reformatory building, and shall be the chief executive officer thereof, under the direction of the Minister, and as such shall have tiie entire execution, control and management of all its affairs, subject to the rules and regulations made, as aforesaid, and shall be held responsible for the faithful and efficient admin- istration of the offices of every department of the institution. 1909, c. 5, s. 16. superinten- 14. The Superintendent shall receive into the reformatory every anddet!^™'™ boy legally certified to him as sentenced to confinement therein, toreformato^ ^°^ ^^^^^ t^^^^ detain hun, subject to all the rules, regulations and dicipline thereof, until the time to which he has been sentenced shall be completed or until he shall be otherwise lawfully discharged. 1909, c. 5, s. 16. Superinten- dent to notify parents, etc. 15. The superintendent shall, upon the reception of any boy into the reformatory, ascertain the address of the parents, guardians or other person with whom such boy has been living, and shall send by mail, registered, a notice that such boy has been committed to the reformatory. 1909, c. 5, s. 16. Oaths to be taken by officials of reformatory OATHS OF OFFICIALS. 16. Every superintendent, officer and servant employed permanently in the said reformatory shall severally take and subscribe in a book to be kept for that purpose by the superinten- dent at his office, the oath of alliegiance to His Majesty and 490 HBFOEMATOHY Cap. 11 1908 the following oath of office, that is to say: 1909, c. 5, s. 16. I, .A. B. do promise and swear that I will faithfully, diligently and justly perform the duties of in the Alberta Reformatory to the best of my ability, and that I will carefully observe and carry out all rules and regulations of the said school. So help me God. 1909, s. 5, s. 16. 17. Such oath may be administered by a justice of the peace who shaii to the superintendent, and to any of the other officers or servants m^™*" by the superintendent. SENTENCES OF CONFINEMENT. 18. Any person who shall be sentenced imder the criminal ^^^^^^ law or other law of Canada to confinement in the reformatory under criminal may be confined therein and shall be held and treated as required r^ilred by by the law of Canada, but in other respects shall be subjecfa^'o' Canada to the law, rules and regulations governing the reformatory. Nothing in this Act shall be deemed as intended to be inconsistent with the laws of Canada governing the case of such person, or as iatended to affect the punishment lawfully imposed upon any such person. 1909, c. 5, s. 16. 19. Upon compUant and due proof made to the judge of any Boys between District Court, or any police magistrate in this province, byyearst/lge the parent or guardian of any boy between the ages of ten ^.nd ™y te^ot ^ thirteen years, that, by reason of incorrigible or vicious conduct, upon proof "^^ such boy is beyond the control of such parent or guardian, Bnd^^^^^^^ that a due regard for the material and moral welfare of suchor^™>u8 boy manifestly requires that he should be committed to the beyond reformatory, the judge or police magistrate may order such boy"™*"' to be confined in the reformatory for an undefined period not to exceed five years. 1909, c. 5, s. 16. 20. Any court, judge or police magistrate, who has or shall have Time of power to sentence any boy to be confined in the reformatory forf°^j^°^j.y any stated period, may sentence such boy to be confined therein for an undefined period; and such boy shall thereupon be detained ia the reformatory until be be reformed or otherwise fit to be apprenticed or bound out, or be probationally or permanently discharged, as hereinafter provided: Provided that such boy shall not be detained for a longer pro™o time than the maximum term of confinement for the offence of which he was convicted, and that no boy shall be sentenced under this section who cannot be imprisoned for two years or over. 1909, c. 5, s. 16. 81. In case a boy is sentenced to confinement in the warrant of reformatory, a copy of the sentence of the court duly certified as g|oi°f ™ereons aforesaid, or the warrant or order of the judge or police magistrate sentenced to by whom such boy is sentenced, shall be sufficient authority '^^°"^*°'^ for the person havii% ±he lawful custody of- such boy, who may be directed so to do (which direction may be verbal), to convey such boy to the gaol of the judicial district or any guard room of the'Koyal North-West Mounted Police in the judicial district in which such sentence is pronounced, and for the gaoler of such gaol to receive and detain the said boy until the constable or 491 1908 Cap. 11 HEPOBMATORY Detention in gaol when boy cannot be safely or conveniently removed to reformatory Record to be kept with a view to mitigation of sentence other person entrusted with the warrant of the Minister shall require the delivery of such boy for removal to the reformatory. 1909, c. 5, s. 16. 33. In case any boy sentenced to be confined in the reformatory is in such a weak state of health that he cannot safely or con- veniently be removed to the reformatory, he may be detained at the gaol of the judicial district or guard room or other place of confinement in which he may be, until he is sufficiently recovered to be safely and conveniently removed to the school; but any time during which such boy is so detained shall be reckoned in computing the time to be served by such boy in the reformatory. 1909, c. 5, s. 16. 33. In order to encourage good behavioiu- and industry among the boys in the said. reformatory, and with a Adew to permitting every boy to earn a remission of a portion of the term for which he was sentenced to the said reformatory, it shall be lawful for the Minister to make rules, so that a correct record of the conduct of every boy may be made, under the mark system. 1909, c. 5, s. 16. Discharge of boy when reformed Proviso 34. When, under the rules in that behalf, a boy shall have obtained the requisite number of good marks, based upon good conduct, proficiency in reformatory and industrious habits, and shall in addition th'ereto have given satisfactory evidence of being reformed, it shall be the duty of the superintendent to transmit to the Minister a certificate to that effect, whereupon the Minister, if he considers it requisite, shall make further inquiry into the facts and, having satisfied himself that the boy has earned his discharge, shall forthwith take steps to have the remaining portion of the sentence of such boy remitted, or to have such boy discharged on probation for a stated period: 1909, c. 5, s. 16. (a) Provided that no action shall be taken under this section in respect of any boy who has not been at least one year in the reformatory; 1909, c. 5, s. 16. (6) Provided, also, that the judge of any District Court or any police magistrate, upon satisfactory proof that any boy who was sentenced under the provisions of any act of the Legis- lature of Alberta or Ordinance of the North-West Territories and who has been discharged on probation has violated the conditions of his discharge, may order such boy to be recommitted to the reformatory, there to be confined for the residue of the term for which he was originally sentenced. DISCHARGE FROM REFORMATORY. Binding to . 35. In case any respectable and trustworthy person is willing ^Snldi^*"™ to undertake the charge of any boy committed to the reformatory, reformatory when such boy is ovcr the age of twelve years, as an apprentice to the trade or calling of such person, or for the purpose of domestic service, and such boy is confined in the reformatory by virtue of a sentence pronoimced under the authority of any Statute of this province or Ordinance of the North-West Territories, the superintendent may, with the consent and in the name of the Minister, bind the said boy to such person for any term 492 REFORMATORY Cap. 11 1908 not to extend beyond the term of five years from the commence- ment of his imprisonment without his consent, and the Minister shall thereupon order that such boy shall be discharged from said reformatory, and he shall be discharged accordingly: Provided that any wages reserve.d in any indenture of apprentice- Proviso ship made under this section shall be paj'able to the said boy or to some other person for his benefit. 1909, c. 5, s. 16. 36. Whenever the time of any boy's sentence in the reformatory, Boys notto be under any law within the legislative jurisdiction of this province, simd^^ °^ shall expire on a Sunday he shall be discharged on the previous Saturday, unless he desires to remain until the Monday following. 1909, c. 5, s. 16. 37. No boy shall be discharged from the reformatory at the Boys not to termination of his sentence if then labouring under any contagious i'nito^l'l or infectious disease, or under any acute or dangerous illness, ^P^^^*"" but he shall be premitted to rem8iin'iin=!jiihei.i3^Drmatory imtil he recovers from such disease or illness: ■ . ' ■' Provided, however, that any boy remaining in the reformatory ptovibo from any such cause shall be under the same discipline and control as if his sentraice were still unexpired. 1909, c. 5, s. 16. ANNUAl^^REPORT. 3§, OfL.pr.befpre the fifteenth day of Januarj'- in each yearsupermten- th^ sujperintendent of the reformatory, shall furnish the Minister ^^'j^*™""^ with a statement of the names and numbers of the boys sentenced and confined dming the year ending on the thirty-first day of December immediately preceding, the date of admission, the cause, the cost of maintenance, the date of discharge and any other information he may deem advisable or that the Minister may require. • 1909, c. 5, s. 16. PRESERVATION OF ORDER. 39. The superintendent, oflEicers and employees of the officials of reformatory are hereby constituted police officers for the reform- ^^^^^"■y atory and for -the grounds connected with and belonging to the tor certain same, and are empowered to proceed against or summarily arrest"""'"'^ all persons within said reformatory and grounds who shall be guilty of any offence therein against the laws of Canada or of the province or the rules and regulations of the reformatory, and to arrest any vagrants or idle person who shall refuse to leave said reformatory premises when requested so to do by _ any of said officers, and to take any such before any court of competent jurisTliction, and to cause proper complaint to be made against such offender; and for such purpose said superintendent, officers and employees shall possess afl the powers and authority of police officers and constables. 1909, c. 5, s. 16. 30, Any person who .shall be guilty of any noisy, boisterous penalty for or disorderly conduct, fighting, immoderate drinking or drunken- ^J^^f'^ ness, indecent exposure of the person, lewd, wanton or obscene within conduct, or vulgar or obscene language, or of any offence against ^^^to^ the laws of Canada or of the province or the rules and regulations of the reformatory, within said reformatory or the grounds thereof, 493 1908 Cap. 11 KEFORMATORY may be proceeded against or summarily arrested by said officers or employees, or any of them, and on conviction shall be liable to a &ie of not less than one dollar nor more than fifty dollars. PROTECTION OF INMATES. Penalty for abuse of reformatory bra's by officials thereof 31. Any officer or other person in charge of or employed in the reformatory, who shall abuse, neglect or ill-treat any boy confined therein, shall, on conviction, be punished by a fine not exceeding one hundred dollars or by such other punishment as may be prescribed for such offence by any law or Statute in force in this province. 1909, c. 5, s. 16. PROSECUTIONS. Prosecutions Imprisonment in default of payment of penalty 33. All prosecutions under this Act may be brought and heard before any police magistrate or justice of the peace, and any police magistrate or justice of the police shall have power to award payment of costs in addition to the penalty. The penalty, when recovered, shall be paid over by such justice or police magistrate to the Provincial Treasurer; and, in default of payment, the offender shall, by warrant signed and sealed by the police magistrate or justice of the peace, be imprisoned for a period of not less than one day nor more than one year, at the discretion of such justice or police magistrate, unless the penalty and costs be sooner paid. ESCAPES. Recapture of boy escaping from the institution Punishment for escape 33. In case any boy or boys confined in the reformatory escape therefrom, it shall be lawful for the superintendent or any of the officers of the reformatory or for any other person or persons at his or their request, or any of them, within one year thereafter, to retake such escaped boy or boys and return him or them to the reformatory from whence he or they escaped; and he or they shall remain in custody therein, under the authority by virtue of which he or they was or were detained prior to the escape, and any such boy shall be subject to such further punishment for the escape as may be imposed by law or in virtue of any regulations in force in such reformatory for the government of persons confined therein. 1909, c. 5, s. 16. VISITORS. Visitors 34. Any judge of the Supreme Court or of the District Courts, any police magistrate and any member of the Legislative Assembly of Alberta shall at any time be admitted as a visitor to the refonnatory. 494 REFORMATORY Cap. 11 1908 SCHEDULE. The following is the schedule referred to in this Act: SCHEDULE A. {Section 8.) Return with Reference to Bot Liable to Transfer to Reformatory. Eetiirn with •■ reference to {A. separate return to he made with each boy.) transfer to reformatory 1. Name in full. 2. Age. 3. From what court sentenced. 4. Date of sentence. 5. Period and nature of sentence. 6. Place of residence. 7. Place of birth. 8. Name and post office address of parents, guardian, or other person with whom the boy has been Uving. 9. Trade, occupation or calling of boy, if any. 10. Temperate or intemperate. 11. If married, state the fact. 12. ReUgious denomination. , 13. Degre.e of education. 14. Offence. 15. Pine, if any. 16. Opinion of person in whose custody boy is, as to physical and mental condition of boy and his fitness to perfonn ordinary work. Dated this day of ,19 {Signature of person in whose custody hoy is.) 495 1908 CHAPTER 12. An Act with respect to Compensation to Workmen for Injuries Sufiered in the Course of their Employment. (Assented to March 5, 1908.) IJIS MAJESTY, by and with the advice and consent of the ■*• •^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOBT TITLE. Short title 1. This Act may be cited as-'T^e Workmen's Compensation Act, 1908." APPLICATION OF ACT AND DEFINITIONS. ' '"3:' This' Act shall 'apply''" only to' einployinettt by the under- takers as hereinafter defined, 'on or in or about a railway, factory, mine, quarry or engineering work, and to employment by the undertakers as hereinafter defined on, in or about any building which is either being constructed or repaired by means of a scaffold- ing, or being demolished, or on which machinery driven by steam, water, or other mechanical power is being used for the purpose of the construction, repair, or demolition thereof. 1913 (1st Session), c. 9, s. 39 (1). (2) In this Act, unless the context otherwise requires — 1. "Railway" means a road owned by a private person or . public company on which carriages nm over metal rails, and shall include railways or tramways operated by electric or other power; 2. "Factory" means a building, workshop, or place where' machinery driven by steanl, water or other mechanical power is used, and includes miUs where manufactures of wood, flour, meal, pulp or other substances are being carrie'd on, also smelters where metals are sorted, extracted or operated on; every laxmdry worked by steam, water or other mechanical power, and also includes any dock, wharf, quay, warehouse, ship building yard, where goods or materials are being stored, handled, transported or manufactured; 3. "Mine" means any kind of mine, and includes every shaft in the course of being sunk, and every level and iacUned plane in the course of being driven for commencing or opening any mine or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways, railways and sidings, both below ground and above groimd, in and adjacent to a mine, and any such shaft, level and inclined plane of and belonging to the mine; 4. "Engineering work" means any work of construction or alteration or repair of a railroad, harbour, dock, canal, watermain oi" sewer, and includes any other work for the construction, alter- 496 workmen's compensation Cap. 12 1908 ation or repair of which machmery, driven by steam, water or other mechanical power, is used; 1913, c. 9, s. 39 (1). 5. "Quarry" means an open cut from which rock is cut or taken for building purposes; 6. "Undertaker" in the case of a railway, means the person or company owning or operating the railway; in the case of a factory, quarry, laundry, smelter or warehouse means the owner, occupier or operator thereof; in the case of a mine means the owner or operator thereof, and in the case of an engineering work, or other work specified within this Act, means the person undertaking the construction, alteration, repair or demolition; 7. "Employer" includes any body of persons corporate or un- incorporate and the legal personal representative of a deceased employer, and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman while he is working for that other person; 8. "Workman" includes every person who is engaged in an emplojrment to which this Act applies whether by way of manual labour or otherwise, but does not include any person employed otherwise than by way of manual labour whose remuneration exceeds twelve hundred dollars a year, or an outworker, but, save as aforesaid, means any such person who has entered into or works under a contract of service or apprenticeship with an employer in any employment to which this Act extends, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing; Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependents or other person to whom or for whose benefit compensation is payable; 9. "Dependents" means such of the members of the work- man's family as were wholly or in part dependent upon the earnings of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman, being the parent or grandparent of an' illegitimate child, leaves such child so dependent upon his earnings, or, being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child and parent or grandparent respectively; 10. "Member of a family" means wife or husband, father, mother, grandmother, grandfather, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, " half-brother, half-sister, adopted child, foster parent; 11. "Outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the materials or articles; The exercise and performance of the powers and duties of a local or municipal authority or corporation shall, for the purposes of this Act, be treated as the trade or business of the authority or corporation. 497 1908 Cap. 12 WORKMEN S COMPENSATION Liability^of employers to workmen for injuries LIABILITY OP EMPLOYERS TO WORKMEN FOR IN..URIES. 3. If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employ- ment is caused to a workman, his employer shall, subject as here- inafter mentioned, be liable to pay compensation in accordance with the first schedule to this Act. (2) Provided that— (a) The employer shall not be liable under this Act in respect of any injury which does not disable the workman from earning full wages at the- work at which he was employed; 1913 (1st Session), c. 9, s. 39 (2). (6) When the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible nothing in this Act shall affect any civil liability of the employer but in that case the workma,n may, at his option, either claim compensation under this Act or take proceedings independently of this Act; but the employer shall not be liable to pay compensation for injury to a work- man by accident arising out of and in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negUgence or wilful act as aforesaid; (c). If it is proved that the injury to a workman is attributable to the serious, and wilful misconduct of that workman, any compensation claimed in respect of that injury shall, unless the injury results in death or permanent disablement, be disallowed. (3) If any question arises in any proceedings under this Act as to the liability to pay compensation under this Act, including any question as to whether the employment is one to which this Act applies, or as to whether the person injured is a workman to whom this Act applies, or as to the amount or duration of compensation under this Act, the question, if not settled by agreement, shall, subject to the provisions of the first schedule to this Act, be settled by arbitration, in accordance with the second schedule to this Act. (4) If, within the time hereinafter in this Act limited for taking proceedings, an action is brought to recover damages indepen- dently of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the -action shall be dismissed; but the court in which the action is tried shall, if the plaintiff so choose, proceed to assess such compensation, but may deduct from such compensation all or part of the costs which, in its judgment, have been caiused by the plaintiff bringing the action instead of proceeding under this Act. In any proceeding under this subsection wheii the court assesses the compensation it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act. 498 workmen's compensation Cap. 12 1908 TIME FOE TAKING PEOCEEDINGS. 4. Proceedings for the recovery under this Act of compensation Time for for an injury shall not be maintainable unless notice in writing pr^e^dings of the accident has been given as soon as practicable after the happening thereof, and before the workman has voluntarily left the employment in which he was injured, and unless the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury, or, in case of death, within six months from the time of death: Provided always that — (a) The want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not, or would not, if a notice or an amended notice were then given and the hearing postponed, be prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from the province, or other reasonable cause; and (6) The failure to make a claim within the .period above specified shall not be a bar to the maintenance of such proceedings if it is found that the failure was occasioned by mistake, absence from the province, or other reason- able cause. (2) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which the accident happened, and shall be served on the employer, or, if there is more than one employer, upon one of such employers. (3) The notice may be served by delivering the same at, or sending it by post in a registered letter addressed to the residence or place of business of the person on whom it is to be served. (4) Where the employer is a body of persons, corporate or uniacorporate, the notice may also be served by deUvering the same at, or by sending it by post in a registered letter addressed to the employer at the office, or, if there be more than one office, any one of the offices of such bodJ^ CONTBACTING OUT. 5. If the Attorney General, after taking steps to ascertain contracting the views of the employer and workmen, certifies that any scheme °"* of compensation, benefit, or insurance for the workman of an employer in any employment, whether or not such scheme includes other employers and their workmen, provides scales of com- pensation not less favourable to the workmen and their dependants than the corresponding scales contained in this Act, and that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equivalent to those contri- butions, in addition to the benefits to which the workmen would have been entitled under this Act, and that a majority (to be ascertained by ballot) of the workmen to whom the scheme is applicable are in favour of such scheme, the employer may, whilst the certificate is in force contract with any of his workmen 499 1908 Cap. 12 woekmen's compensation that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement of this Act. (2) The Attorney General may give a certificate to expire at the end of a limited period of not less than five years, and may from time to time renew with or without modifications such a certificate to expire at the end of the period for which it is renewed. (3) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a condition of their hiring, or which does not contain provisions enabling a workman to withdraw from, the scheme. (4) If complaint is made to the, Attorney General by or on behalf of the workmen of any employer that the benefits conferred by any scheme no longer conform to the conditions stated in subsection (1) of this section, or that the provisions of such scheme are being violated, or that the scheme is not being fairly administered, or that satisfactory reasons exist for revoking the certificate, the Attorney General shall examine into the complaint, and, if satisfied that good cause exists for such complaint, shall, unless the cause of complaint is removed, revoke the certificate. (6) When a certificate is revoked or expires, any moneys or securities held for the purpose .of the scheme shall, after due provision has been made to discharge the liabilities already accrued, be distributed as may be arranged between the employer and workmen, or as may be determined by the Attorney General in the event of a difference of opinion. (6) Whenever a scheme has been certified as aforesaid, _ it shall be the duty of the employer to answer all such inquiries and to furnish all such accounts in regard to the scheme as may be made or required by the Attorney General. (7) The Attorney General may make regulations for the purpose of carrying this section into effect. SUBCONTBACTING . Subcontracting 6. Where any person (in this section referred to as the principal) in the course of or for the purposes of his trade or biisiness, contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal which is in the way of the prin,cipars . trade or business, the principal shall be liable to pay to any, workman employed in the execution of the work any compensation under this Act which would have been liable to pay if that, workman had been immediately employed by him; and where compensationiiiB claimed from or proceedings are taken against the principal, then, in the application of this Act, references to the principal shall be substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed. 500 ■workmen's coMPENSATiolsr Cap. 12 1908 (2) Where the prmcipal is liable to pay compensation under this section he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the work- man independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by arbitration under this Act. (3) Nothing in this section shall be construed as preventing a workman recovering compensation under this Act from the contractor instead of the principal. (4) This section shall not apply in any case where the accident occured elsewhere than on, or in, or about premises on which the principal has undertaken to execute the work or which are otherwise under his control or management. PROVISION AS TO CASES OF INSOLVENCY OF EMPLOYEE. 7. Where any employer has entered into a contract with Provisdons any insurers in respect of any liability under this Act to any^^o,^™^ workman, thep, in the event of the employer making an assign- of employer ment for the benefit of or a composition or arrangement with his creditors, or if the employer is a company in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that -liability shall be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if, they were, the employer, so however that the insurers shall not be imder any greater liability to the workman than they should have been under to the employer. (2) If the liability of the insurers to the workman is less than the liability of the employers to the workman the workman may prove for the balance in the assignment or liquidation proceedings. (3) There shall be included among the debts which under The Assignments Act, and The Companies Winding-Up Ordinance, are in the distribution of the property in the case of an assi^- ment, and in the distribution of the assets of a company bemg wound up, under the said Act and Ordinance respectively, to be paid in priority to all other debts, the amount, not exceeding in any individual case five hundred dollars, due in respect of any compensation the liability wherefor accrued before the date of the assignment or the date of the commencement of the winding up, and the said Acts shall have effect accordingly. Where the compensation is a weekly payment, the amount due in respect thereof, shall for the purposes of this provision, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an application for that purpose under the first schedule to this Act. (4) The provisions of this section with respect to preferences and priorities shall not apply where the assignor or the copapany being wound up has entered into such a contract with insurers as aforesaid. (5) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or^of amalgamation with another company. 501 1908 Cap. 12 WORKMEN S COMPENSATION Remedies both against' employer and stranger REMEDIES BOTH AGAINST EMPfcOYER AND STRANGER. 8. Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof — (1) The workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act for such compensation, but shall not be entitled to recover both damages and compensation; and (2) If the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under the section of this Act relating to subcontracting, shall l)e entitled to be indemnified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by action, or, by consent of the parties, by arbitration under this Act. PROVISIONS AS TO EXISTING CONTRACTS. Provision as to existing contracts 9. Any contract existing at the commencement of this Act, whereby a workman relinquishes any right to compensation from the employer for personal injury arising out of and in the course of his employment shall not, for the purposes of this Act, be deemed to continue after the time at which the workman's contract of service would determine if notice of the determination thereof were given at the commencement of this Act. 10. Notwithstanding anything hereinbefore contained this Act shall not apply to the employment of agriculture, nor to any work performed or machinery used on or about a farm or homestead for farm purposes or for the purposes of improving such farm or homestead and for greater certainty but so as not to 'restrict in any degree the generality of the foregoing words of this section this Act shall not apply to any of the following employments on a farm: (a) Threshing, cleaning, crushing', grinding or otherwise treating grain or sawing wood, posts, lumber or other wooden material, or otherwise treating the same, or the pressing of hay, by any kind of machinery or motive power, and whether such machinery or motive power be portable or stationary, and whether the same be owned and operated by the farmer or farmers for whose purpose the same is being used, or by any other farmer or other person for gain, profit or reward. (6) The construction, repair or demolition of any farm building, windmill, derrick or other structure. (2) The word "factory" as defined in this Act shall not be held to include any building, workshop, place or mill on a farm used for the purposes of such farm. (3) The words "mine" or "quarry" as defined in this Act shall not be held to include any mine or quarry on a farm used for the purposes only of such farm. 502 workmen's compensation Cap. 12 1908 (4) The words "engineering work" as defined in this Act shall not be held to include any ditch, drain, well, or other excavation on a farm being constructed or repaired for the purposes of such farm, or any adjoining farm or farms. COMMENCEMENT. 11. This Act shall come into operation on the first day of^o^ence- January, nineteen hundred and nine but shall not apply in any case where the accident happened before the conunencement of this Act. SCHEDULES. Unless the context otherwise requires — (o) The words "Court" or "District Court" when used in these schedules shall mean the District Court of the district in which all the parties concerned reside, or, if they reside in different districts, then of the district in which the accident out of which the matter arose occurred, or any judge of such District Court; (5) "Rules of Court" shall mean rules of court made and promulgated as provided for in The District Courts Act. FIRST SCHEDULE. Scale and Conditions op Compensation. (1) The amount of compensation under this Act shall be : Scale and (a) Where death results from the injury— compeSion (i) If the workman leaves any dependants wholly dependent upon his earnings, a sum equal to his earnings in the employment of the same employer during the three years nejrt preceding the injury, or the sum of one thousand doUars, whichever of those sums is the larger, but not exceeding in any case eighteen hundred dollars, provided that the amount of any weekly payments made under this Act, and any lump sum paid in redemption thereof, shall be deducted from such sum, and, if the period of the workman's emplojrment by the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be one hundred and fifty-six times his average weekly earnings during the period of his actual employment under the said employer; (ii) If the workman does not leave any such dependents, but leaves any dependents in part dependent upon his earnings, such simi not ecxeeding in any case the amotmt payable under the foregoing provisions, as may be agreed upon, or in de- fault of agreement may be determined, on arbitration under this Act, to be reasonable and proportionate to the injury to the said dependants; and (iii) If he leaves no dependents, the reasonable expenses of his medical attendance and burial, not exceeding two himdred dollars; '' (6) Where total or partial incapacity for work results from the injury, a weekly payment during the incapacity not exceeding fifty per cent, of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not then for any 503 1908 Cap. 12 workmen's compensation less period during -vyhieh he has been in the employment of the same employer, such weekly payment not to exceed ten doUais. 1913 (2nd Session), c. 2, s. 18: Provided that as respects the weekly payments during total incapacity of a w;orkman who is under tw«nty-one years of age at the date of the injury, and whose average weekly earnings are less than ten dollars, one himdred per cent, shall be substituted for fifty per cent, of his average weekly earnings, but the weekly payment shall in no case exceed seven dollars and fifty cents. (2) For the purposes of the provisions of this schedule relating to "earn- ings" and "average weekly earnings" of a workman, the following rules shall be observed: (o) Average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated. Provided that where by reason of the shortness of the time during which the workman has been in the employment of his employer, or the casual nature of the employ- ment, or the terms of the employment, it is impracticable at the date of the accident to compute the rate of remimeration, regard ^ may be had to the average weekly amount which, diuing the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district; (6) Where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his average weekly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident; (c) Employment by the Same employer shall be taken to mean employ- ment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other imavoidable cause; (d) Where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed to him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings. (3) In fixing the amount of the weekly payment regard shall be had to any payment, allowance or benefit which the workman may receive from the employer during the period of his incapacity, and in the case of partial incapacity the weekly payment shaU in no case exceed the difference between the amoimt of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circum- stances of the case may appear proper. (4) Where a workman has given notice of an accident he shall, if so required by the employer, submit himself for examination by a duly qualified medical practioner provided and paid by the employer, and, if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceeding under this Act in relation to compensation, shall be suspended until such examination has taken place. (5) The payment in the case of death shall, unless otherwise ordered as hereinafter provided, be paid into court, and any sum so paid into court shall, subject to rules of court and the provisions of this schedule, be invested, applied, or otherwise dealt with by the court in such manner as the court in its discretion thinks fit for the benefit of the persons entitled thereto under this Act, and the receipt of the clerk of the court shall be a sufficient discharge in respect of the amount paid in: Provided, that if so agreed, the payment in case of death shall, if the workman leaves no dependants, be made to his legal personal representative, or, if he has no such representative, to the person to whom the expenses of medical attendance and burial are due. (6) Rules of court may provide for the transfer of money paid into court under this Act from one court to another coiu-t in the province. (7) Where a weekly payment is payable under this Act to a person under any legal disability the court may, on application being made in accordance 504 woekmen's compensation Cap. 12 1908 with rules of court., order that the weekly payment be paid during the disability into court, and the provisions of this schedule with respect to sums required by this schedule to be paid into court shall apply to sums paid into court in pursuance of any such order. (8) Any question as to who is a dependant shall, in default of agreement, be settled by arbitration under this Act, or, if not so settled before payment into court under this schedule, shall be settled by the court, and the amount payable to each dependant shall be settled by arbitration under this Act, or, if not so settled before payment into court under this schedule, by the court. \^ere there are both total and partial dependants nothing in this schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants. (9) Where, on application being made in accordance with rules of court, it appears to the court that, on account of neglect of children on the part of a widow, or on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order of the court or an award as to the apportionment amongst the several dependants of any sum paid as compensation, or as to the manner in which any simi payable to any such dependant is to be invested, appUed or otherwise dealt with, ought to be varied, the court may make such order for the variation of the former order or the award, as in the circumstances of the case the court may think just. (10) Any sum which under this schedule is ordered to be invested. may be invested in whole or in part in securities or investments -approved by the court by the clerk of the court in his name as clerk. (11) Any workman receiving weekly pajrments under this Act shall, if so required by the employer, from time to time submit himself for examina- tion by a duly qualified medical practitioner, provided and paid by the employer. If the workman refuses to submit himself to such examination, or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place. (12) A workman shall not be required to submit himself for examination by a medical practitioner imder para^aph (4) or paragraph (11) of this schedule otherwise than in accordance with regulations made by the Attorney General or at more frequent intervals than may be prescribed by those regulations. Where a workman has so submitted himself for examination by a medical practitioner, or has been examined by a medical practitioner selected by himself, and the employer or the wortanan, as the case may be, has within six days after such examination furnished the other with a copy of the report of that practitioner as to the workman's condition, then, in the event of no agreement being come to between the employer and the workman as to the workman's condition or fitness for employment, the court on appH- cation may, on payment by the appUcanta of such fee not exceeding ten dollars as may be prescribed, refer the matter to a medical referee appointed by the Lieutenant Governor in Council. The medical referee to whom the matter is so referred shall, in accordance with regulations made by the Attorney General, give a certificate as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of emplos^ment for which he is fit, and that certificate shall be conslusive evidence as to the matters so certified. Where no agreement can be come to between the employer and the work- man as to whether or to what extent the incapacity of the workman is due to the accident, the provisions of this paragraph shall, subject to any regula- tions made by the Attorney General, apply as if the question were a question as to the condition of the workman. If a workman, on being required so to do, refuses to submit himself for exammation, by a medical referee to whom the matter has been so referred as aforesaid, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding imder this Act in relation to com- pensation, or, in the case of a workman in receipt of a weekly payment, his nght to that weekly payment, shall be suspended until such examination has taken place. Rules of court may be made for prescribing the manner in which documents are to be furnished or served and applications made under this paragraph and the forms to be used for those purposes and as to the fee to be paid under this paragraph. (13) Any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review may be ended, diminished, 505 1908 Cap. 12 • workmen's compensation or increased, subject to the maximun above provided, and the amount of payment shall, in default of agreement, be settled by arbitration under this Act: Provided that where the workman was at the date of the accident under twenty-one years of age and the review takes place more than twelve months after the accident, the amount of the weekly payment may be increased to any amount not exceeding jBfty per cent, of the weekly sum which the workman would probably have been earning at the date of the review if he had remained uninjured, but not in any esse exceeding ten dollars. (14) Where any weekly pajrment has been continued for not less than six months the liability therefor may, on application by or on behalf of the employer, be redeemed by the payment of a lump sum of such an amount as the coxirt shall. deem just, and such lump sum may be ordered by the court to be invested or otherwise applied for the benefit of the person entitled thereto: Provided that nothing in this paragraph shall be construed as preventing agreements being made for the redemption of a weekly payment by a lump sum. (15) If a workman receiving a weekly pajnnent ceases to reside in the province, he shall thereupon cease to be entitled to receive any weekly pay- ment unless a medical referee appointed hereunder certifies that the incapacity resulting from the injury is likely to be of a permanent nature. If the medical referee so certifies, the workman shall be entitled to receive quarterly the amount of the weekly pajonents accruing due during the preceding quarter so long as he proves, in such manner and at such interval as may be pre- scribed by rules of court, his identity and the continuance of the incapacity in respect of which the weekly payment is payable. (16) A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same. (17) Where under this schedule a right to compensation is suspended no compensation shall be payable in respect of the period of suspension. SECOND SCHEDULE. Arbitration, Etc. (1) For the purpose of settling any matter which under this Act is to be settled by arbitration, if any committee, representative of an employer and his workmen, exists with power to settle matters, under this Act in the case of the employer and workmen, the matter shall, unless either party objects by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of such committee, or be referred by them in their discretion to arbitration as hereinafter provided. (2) If either party so objects, or there is no such committee, or the com- mittee so refers the matters or fail to settle the matter within three months from the date of the claim, the matter iiaU be settled by a single arbitrator agreed on by the parties, or in the absence of agreement by the court, according to the procedure prescribed by rules of court. (3) The Arbitration Ordinance or any Act of the Legislature of Alberta substituted therefor shall not apply to any arbitration under this Act, but a committee or an arbitrator may, if they or he think fit, submit any question of law for the decision of the court, and the decision of the court on any question of law, either on such submission, or in any case where he himsefi settles the matter under this Act, or where he gives any decision or makes any order under this Act, shall be final, unless within the time and in accord- ance with the conditions prescribed by rules of the Supreme Court either party appeals to the Supreme Court en bano, and the court shall, for the purpose of proceedings under this Act, have the same powers of procuring the attendance of witnesses and the production of documents as it the pro- ceedings were an action in the court. (4) The court may summon a medical referee to sit with the court as an assessor, 506 woekmen's compensation Cap. 12 1908 (5) Rules of court may make provision for the appearance in any arbitration under this Act of any, party by any other person. (6) The costs of and incidental to the arbitration and proceedmgs connected therewith shall be in the discretion of the committee, arbitrator or court, subject as respects such court to rules of court.. The costs, whether before a committee or an arbitrator or in the court, shall not exceed the limit prescribed by rules of court, and shall be tax^(^ in manner prescribed by those rules and such taxation may be reviewed, by the court. (7) In the- case of the death, or the refusal or inability to act, of an arbitrator, the court may, on the application of any party, appoint a new arbitrator. (8) Where the amount of compensation under tmg Act has been ascer- tained, or any weekly payment varied, or any other matter decided under this Act, either by a committee or by an arbitrator or by agreement, a memor- andum thereof shall be sent, in mamier prescribed by rules of court, by the committee or arbitrator, or by any party interested, to the clerk of the court, who shall subject to such rules, on being satisfied as to its genuineness, record such memorandum in a special register without fee, and thereupon the memorandum shall for all purposes be enforceable as a judgment of the court: Provided that — (o) No such memorandum shall be recorded before seven days after the despatch by the clerk of notice to the parties interested; and (6) Where a workman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this Act and the employer, in accordance with rules of court, objects to the recording of such memorandum and proves that the workman has in fact returned to work and is earning the same wages as he did before the accident, then the memorandum shall only be recorded, if at all, on such terms as the court under the circumstances may think just; and (c) The court may at any time rectify the register; and (d) Where it appears to the clerk of the court, on any information which he considers sufficient, that an agreement as to the redemp- tion of a weekly payment by a lump sum, or an agreement as to the amount of compensation payable to a person under any legal disabiUty, or to dependants, ou^t not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agree- ment having been obtained by fraud or undue influence, or other improper means, he may refuse to record the memorandum of agreement sent to him for registration, and refer the matter to the court and the court shall, in accordance with rules of comi;, make such order (including an order as to any sum already paid under the agreement) as under the circumstances may seem just; and (e) The court may, within six months after a memorandum of an agreement as to the redemption of a weekly payment by a lump sum, or of an agreement as to the amount of compensation payable to a person under any legal disability, or to dependants, has been recorded in the register, order that the record be removed from the register on proof to the satisfaction of the court that the agree- ment was obtained by fraud or undue influence or other improper means, and may make such order (including an order as to any sum already paid under the agreement) as under the circumstances may seem just. (9) An agreement as to the redemption of a weekly payment by a lump sum if not registered in accordance with this Act shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the weekly pajonent is payable from habUity to continue to make -that weekly payment, and an agreement as to the amount of compensation to be paid to a person under a legal disabiUty or to dependants, if not so registered, shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the compensation is payable from liability to pay compensation, unless, in either case, he proves that the failure to register was not due to any neglect or default on his part. (10) The duty of District Courts under this Act shall, subject to rules of court, be part of the duties of such courts, and the officers of such courts shall act accordingly, and rules of court may be made both for any purpose for which this Act authorizes rules of coxvct to be made, and also generally for carrying into effect this Act so far as it affects such courts, and proceedings therein. 507 1908 Cap. 12 workmen's compensation (11) No court fee, except such as may be prescribed under jiaragraph (12) of the first schedule to this Act, shall be payable by any party in respect of any proceedGngs by or against a workman imder this Act in the court prior to the award. -i (12) Any sum awarded as compensation shall, unless paid into court under this Act, be paid on the receipt of the person to whom it is payable under any agreement or awaird, and the solicitor or agent of a person claiming compensation imder this Act shall not be entitled to recover from him any costs in respect of any proceedings in an arbitration under this Act, or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except such sum as may be awarded by the conunittee, the arbitrator, or the court, on an apphcation made either by the person claiming compensation, or by his soUctior or agent, to determine the amount of costs to be paid to the soUcitor or agent, such sum to be awarded subject to taxation and to the scale of costs prescribed by rules of court. (13) Any committee, arbitrator or court may, subject to regulations made by the Attorney General, submit to a medical referee for report any noiatter which seems material to any question arising in the arbitration. (14) The Attorney General may, by order, either unconditionally or subject to such conditions or modSications as he may think fit, confer on any conunittee representative of an employer and his workmen, as respects any matter in which the committee act as arbitrators, or which is settled by agreement submitted to and approved by the committee, all or any of the powers conferred by this Act exclusively on courts or judges thereof, and may by the order provide how and to whom the compensation money is to be paid in cases where, but for the order, the money would be reqiiired to be paid into court, and the order may exclude from the operation of provisoes (d) and (e) of paragraph (8) of this schedule agreements submitted to and approved by the committee, and may contain such incidental, con- sequential or supplemental provisions as may appear to the Attorney General to be necessary or proper for the purposes of the order. WORKMEN'S COMPENSATION ACT, 1908. Regulations of the Attorney ^General as to Medical Referees. REGULATIONS dated 1st October, 1909, made by the Attorney General as to the duties and remuneration of Medical Referees in the Province of Alberta, under the provisions of the First and Second Schedules to The Workmen's Compensation Act, 1908. I, The HonoukabI/E Charles Wilson Cross, Attorney General of the Province of Alberta, in pm-suance of the powers conferred upon me by The Workmen's Compensation Act, 1908, hereby make the following regulations: PART I. Definitions and General Regulations. 1. In these regulations — 1. "Medical referee" means a medical practitioner appointed by the Lieutenant Governor in Council to act as medical referee for the purposes of The Workmen's Compensation Act, 1908. 2. "Reference" means — (o) In regulations in Part II, the appointment of a medical referee by the court, in accordance with the provisions of paragraph 12 of the first schedule of The Workman's Compensation Act, 1908, a,s to the condition of the workman and his fitness for employment, or as to whether or to what extent the incapacity of the workman is due to the accident; 508 workmen's compensation Cap. 12 1908 (6) In regulations in Part III the appointment of a medical referee by the court to give a certificate in accordance with the provisions of paragraph 15 of the first schedule to The Workmen's Compensation Act, 1908, as to whether the incapacity resulting from the injury is likely to be of a permanent character; . , , , (c) In regulations in Part V the appomtment of a medical referee by a committee, arbitrator or court to report on any nM,tter material to any question arising in an arbitration mider The Workmen's Compensation Act, 1908. 3. "Committee" means a committee representative of an employer and his worlonen, with' power to settle matters under The Workmen's Compen- sation Act, 1908, in the, case of the employer and workmen. 4. "Agreed arbitrator" means a single arbitrator agreed on by the parties to settle any matter which mider The Workmen's Compensation Act, 1908, is to be settled by arbitration. 6. "Judge" means a District Court judge. 6. The words "District in which the case arises" mean the judicial district in which all the parties concerned reside, or, if they reside in different districts, the district prescribed by the Rules of Court, subject to any transfer made under those rules. 2. In the case of any reference imder these regulations the medical referee, in the absence of spedal circumstances, shall be one of those appointed by the Lieutenant Governor in Council, for the judicial district in which the case arises: Provided that where there has been a previous reference in any case, any subsequent reference in the same case shall, if possible, be made to the same referee, and be accompanied by the previous report or certificate, or copy thereof, of the medical referee. 3. The medical referee shall not accept any reference under these regu- lations imless signed or countersigned by the clerk or judge of a District Court, and sealed with the seal of the District Court. 4. The medical referee shall send to the Department of the Attorney General at the end of each quarter, statements in the form prescribed in the schedule to these regulations, of the fees due to him for the quarter under these regulations. 8. In cases where a claim is made under the regulations in respect of travelling expenses, the medical referee in submitting his quarterly statements under regulation 4, shall certify the distance of the place to which he was required to travel from his residence. 6. In cases involving special difficulty, the medical referee may apply to the Attorney General for special, expert assistance which may be granted by the Attorney General if he thinks fit, on such terms as to remuneration or otherwise as he may determine. 7. The clerk of every District Court shall keep a record in the form prescribed in the schedule, of aU references made imder these regulations, . and of all cases in which a medical referee is summoned to sit as assessor, and shall send a copy thereof to the Attorney General at the end of each quarter. 8. These regulations shall come into force on the first day of October, 1909. PART II. Regttlations as to References under Schedule I, Paragraph (12). 9. The medical referee shall, on receipt of a reference duly signed and sealedj fix a time and palce for the examination of the workman, and shall send notice accordin^y to both the parties signing the application on which the reference is made. 10. Before giving the certificate required by the reference, the medical referee shall personally examine the workman and shall consider any state- ments that may be made or submitted by either party. 509 1908 Cap. 12 workmen's compensation 11. The certificate given by the medical referee shall be according to the form prescribed in the schedule to these regulations. 12. The medical referee shall forward his certificate to the com^. from which he received the reference. 13. The following shall be the scale of fees to be paid to medical referees in respect of references under this part of the regulations: 1. For a first reference (to include aU the duties performed in connection therewith) $15. 00 2. For a second or subsequent reference to the same medical refaee in the same case .• y 7. 50 3. When in order to examine the injured workman the medical referee is compelled to travel to a place distant more than two mUes from his residence, in addition to the above fees: $1.00 for each mile beyond two and up to ten miles distant from such residence or centre, and thereafter 50 cents for each mile distant therefrom. PART III. Regtilatignb as to Refebbnces under ScHEDuiiE I, Paragraph (15). 14. The medical referee shall, on receipt of a reference duly signed and sealed, fix a time and place for the examination of the workman, and shall send notice accordingly to the workman. 15. Before giving the certificate required by the reference the medical referee shall make a personal examination of the workman. 16. The certificate given by the medical referee shall be according to the form prescribed in the schedule to these regulations. 17. The medical referee shall forward his certificate to the court from which he received the reference. 18. The fee to be paid to a medical referee in respect of a reference (to include all the duties performed in connection therewith) under this part of these regulations- shall be $2.00. PART IV. Regulation as to Remuneration op Medical Referee for Sitting as Assessor under Schedule II, Paragraph (4). 19. When a medical referee attends on the summons of the judge for the purpose of sitting with the judge as an assessor, as provided for in para- graph (4) of the second schedule to The Workmen's Compensaiion Act, 1908. he shall be entitled for such attendance (to include his services as assessor) to a fee of $15 a day, and where', in order so to attend on the judge, he is compelled to travel to a place distant more than two miles from his residence, he shall be entitled, in addition to the above fee, to $1.00 for each mile beyond two and up to ten mUes distant from such residence, and thereafter to 50 , cents for each mile distant therefrom. PART V. Regulations as to References under Schedule II, Paragraph (13). conditions op reference. 20. Before making any reference, tlje committee, arbitrator or court, shall be satisfied, after hearing aU medical evidence tendered by either side, that such evidence is either conflicting or insufficient on some matter which seems material to a question arising in the arbitration and that it is desirable to obtain a report from a medical referee on such matter. 510 workmen's compensation Cap. 12 1908 POBM AND MODE OF BEPEBENCE. 21. Every reference shall be made in writing and shall state the matter on which the report of the medical referee is required, and the question arising in the arbitration to which such matter seems to be material. Such reference shall be in accordance with the form prescribed in the schedule to these regulations, or as near thereto as may be. The reference shall be accompanied by a general statement of the medical evidence given on behalf of the parties; and if such evidence has been given befoT^a committee or an agreed arbitrator, each medical witness shall sign the statement of his evidence, and may add any necessary explanation oJ correction. 22. On making the reference to the medical referee, the committee, arbitrator, or court ^lall make an order in the form prescribed in the schedule, directing the injured workiaan to submit himself for examination by the medical referee. Before making sseh order they shall inquire whether he is in a fit condition to travel for the purpose of examination, and if satisfied that he is in a fit condition, they shall by the same order direct him to attend at such time and place as the referee may fix. It shall be the duty of the injured workman to obey any such order. If the committee, arbitrator or court is satisfied that the workman is> not in a fit condition to travel, they sl^all so state in the reference. 23. The reference shall be signed, if made by a committee, by the chairman and secretaiy of the committee; if made by an agreed arbitrator, by the arbitrator; if made by the^ court in which the arbitration is pending, by the judge of such coiut. 24. A committee or an agreed arbitrator, making a reference, shall, without naming a medical referee, address the reference in general terms to "one of the medical referees appointed by the Lieutenant Governor in Council for the purposes of The Workmen's CompensaUon Act, 1908," and shall forward it to the clerk of the District Court of the district in which the case arises. DUTIES OF CLEBE. 25. In the case of a reference by a committee or agreed arbitrator, the clerk on receiving the reference — (o) Shall see that the reference is in accordance with these regulations and, if it is not, shall return if for amendment; (6) Shall submit the reference to the judge of the court, who shall insert the name of the medical referee proper to be appointed; (c) Shall, when the r^eaaence is in aecordance with these regulations, countersign and seal it and forward it forthwith to the medical referee. (2) In the case of a reference by the court, the clerk of the court in which the arbitration is pending shaU sign (or countersign) and seal it, and forward it forthwith to the medical referee. 26. The clerk on receiving a report from a medical referee under regulation 28 shall forthwith file a copy at the court and transmit the repbrt to the committee or arbitrator by whom the reference was made. If the committee, arbitrator or court shall direct that the parties be at liberty to inspect the report, the clerk shall, on receiving notice of such direction, permit such inspection to be made during oflBce hours, and shaU on the- application and at the cost of any party,- furnish him with a copy of the report or allow him to take a copy thereof. BEPOET OF MEDICAL BEFEBEE. 27. The medical referee shaU, on receipt of a reference duly signed and sealed, appoint a time and a place for the examination of the workman, and shall send him notice accordingly. 28. The medical rrferee shall give his report in writing and shall forward it to the clerk from whom he received the reference. 511 1908 Cap. 12 workmen's compensation 29. The committee, arbitrator or court may, by request signed and forwarded in the same manner as the reference, remit the report to the medical referee for a further statement on any matter not covered by the original reference. FEES. 30. The following shall be the scale of fees to be paid to the medical referees in respect of references under this part of the regulations: .1. For a first reference, to include examination of the injured worknaan and written report '. . . . .$15.00 2. For a further statement under regulation 29 on any matter not covered by the original reference $5.00 3. For a second or subsequent reference to the same referee in a further arbitration on the same case, to include examination if necessary, and written report $ 7.60 4. When in order to examine the injured workman^ the medical referee is compelled to travel to a place distant more than two miles from his residence, in addition to the above fees: .151.00 for each mile beyond two, and up to ten miles distant from such residence, and thereafter 50 cents for each mile distant therefrom.' C. W. Ckoss, Attorney General for the Province of Alberta. October 1, 1909. SCHEDULE. Form A. ' Notice bt Medical Referee to Employee or Solicitor Signing the Application on Employer's Behalf. (Schedule I, (12).) Workmen's Compensation Act, 1908. To I hereby give you notice that in accordance with the reference made to me by the judge of the District Court of holden at -....., under Schedule 1, paragraph (12) of the above named Act, in the case of (name and address of workman) I propose to examine the said. at , on the day of at o'clock. Any statements made or submitted by you (,or, if notice is addressed to the solicitor, by the employer), will be considered. Dated this day of Signed Medical Referee. FORM B. Notice by Medical Referee to Workman or Solicitor Signing the Application on Workman's Behalf (Schedule I, (12).) Workmen's Compensation Act, 1908. To I hereby give you notice that in accordance with the reference made to me in your case (or, if notice is addressed to the solicitor) in the case of (name and address of workman) by the judge of the District Court of holden at under Schedule I, paragraph (12) of the above maned Act, I propose to 512 workmen's compensation Cap. 12 1908 examine you {or, the said ) at on the day of at o'clock. . And you are required to submit yourself (or, the said is required to submit himself) for examination accordingly. Any statements made or submitted by you (or if notice is addressed to the solicitor, by the workman) will be considered. Dated this day of (Signed) Medical Referee. FORM C. Certificate of Medical Referee as to Condition of Workman and Fitness fob Employment, or as to Whether or to What Extent Incapacity of Workman is Dtie to the Accident. (Schedule I, (12).) Workmen's Compensation Act, 1908. In accordance with the reference made to me by the judge of the District Court of holden at , upon the appUcation of ■■■•■. (names and addresses of parties) I have on the day of examined the said (name of viorkman) and I hereby certify as follows: 1. The said ,is (describe staie of health) and his condition is such that he is (state whether workman is fit for his ordinary or other work, specifying where necessary the kind of work or whether he is unfit for work, of any kind). 2. The incapaeity of the said is (state whether or to what extent the incapacity is due to the accident). Note.- — -Either para^aph 1 or paragraph 2 to be filled up or both to be filled up, according to the terms of the reference. Dated this day of (Signed) Medical Referee. FORM D. ( Notice bt Medical Referee to Workman (Schedule I, (15).) Workmen's Compensation Act, 1908. To ,..., , I hereby give you notice that in accordance with the. reference made to me in your case by the judge of the District Court of holden at under Schedule I, paragraph (16) of the above named Act, I propose to examine you at on the , day of 1 .... at o'clock, and you are required to submit yourself for examination accordingly. Dated this day of (Signed) Medical Referee. FORM E. Cdbtipicatb of Medical Rbferes ,(Scil»edule I, (15).) Workmen's Compensation Act, 1908. In accordance with the reference made to me by the judge of the District Court of holden at under Schedule I, paragraph (15) of -the above named Act, I have on the 5i3 1908 Cap. 12 workmen's compensation day of examined of {name and address o/ workman) and I hereby certify that his incapacity is (or, is not) likely to be of a permanent nature. Dated this day of. Medical Referee. FORM F. Reference to a MsDicAii Refebee, (Schedule II, (13).) In the matter of The Workmen's Compensaiion Act, 1908, and In the matter of an arbitration between, — A.B., (Address) (Description) Applicant and CD., (Address) (Description) Respondent (o) We, , a committee representative of and his workmen, and empowered to arbitrate in the matter arising under The Workmen's Compensation Act, between A.B. and CD.; (b) • I, an arbitrator agreed upon by A.B. and CD. to arbitrate in the matter arising between them under The Workmen's Compensaiion Act, 1908; (c) I, , judge of the District Court {as the case may be), having heard the evidence tendered by both parties hereby certify that in our '{or, my) opinion the medical evidence given before us {or, me) is conflicting {or, insuJBBcient) on a matter which seems to us (/or, me) to be material to a question arising in the above mentioned arbitration, and that it is desirable to obtain a report from a medical referee on such matter, as follows: (A) On the day of personal injmry was {or, is' alleged to have been) caused to (*) by accident arising out of and in the course of his employment under the following circumstances: (t) (B) The matter on which we are {or, I am) satisfied that it is desirable to obtain a report is (C) Such matter seems to be material to the following question arising in the arbitration, viz. : We {or, I) therefore appoint (t) one of the medical referees appointed by the Lieutenant Governor in Council for the purpose of The Workmen's Compensation Act, 1908, to examine the said* on the matter specified above, and report to us {or, me). A statement of the medical evidence given before us {or, me) is appended. We are {or, I am) satisfied that the said who is now at is in a fit condition to travel for the purpose of being examined and he has been directed to attend on the referee for examination at such time and place as shall be fixed by the referee; or does not appear to be in a fit condition to travel for the purpose of being examined. The referee is requested to forward his report to the clerk of the District Coiu-t, on or before the day of Dated this day of {Signed) (H) or On behalf of the Committee. . Chairman. . Secretary. Signature of Clerk and Seal of Court. 514 workmen's compensation Cap. 12 1908 A previous reference was made to a medical referee in this case on the 19 , and a copy of the report then given is attached. (*) Insert name of injured workman. (t) Here state the facts of the accident as ascertained from the evidence. (I) The name must if the reference is made by a committee or agreed arbitrator be left in blank to be inserted by the clerk. (%) For signature of judge or arbitrator. FORM G. ObDEK on iNJtTKED WoKKMAN TO SuBMIT HiMSELF FOR EXAMINATION BY Medical Referee. (Title as in Reference.) To (address) of (description) Take Notice: ; That the cominittee (or, arbitrator) or judge have (or, has) appomted one of the medical referees under The Workmen's Compensation Act, 1908, to examine you for the purpose of the above meiltioned arbitration, and to report to them (or, hj^). , |»You are hereby required to submit yourself for examination by such referee (*) and to attend for that purpose at such time and place as may be fixed by him. Dated this day of (to be signed in the same manner as reference). (*) Strike out from "and to attend" when injured workman does not appear to be in a fit condition to travel. FORM H. Notice by Medical Referee to Injured Workman. (Schedule II, (13) Workmen's Compensation Act, 1908.) To I hereby give you notice that I have been appointed to examine and report in your case under Schedule II, paragraph (13) Of the above named Act, and that I propose to make such examination at on the day of at o'clock. (Signed) Medical B^eree. 515 1908 Cap. 12 w6rkmen's compensation o 03 t5 rt I? OS (§ Ceo II Amount of the fees under each of the headings in Regulation 13 i' «» e@ s» Whether certi- ficate as to condition of workman or as to cause of in- capacity or both Date on which certificate sent to Clerk Date and place of examination il li ^1 Date on which references received Names of Parties 1 o Eh ■i% -^ o S d "o SS ■" a ° ■^ g H 516 workmen's compensation Cap. 12 1908 o rt o ^ m z m S I 00 s Pi S3 .§o §g |'-§ «@ 1^ 00 h'^ •Sg §1 it ee f^ q rt S-'Si-^ certifi perm or no Wheth aeity to be nent -a t5 c3 fl on w icate Cler ua o ' "^1 PS 1 »< fl 0) o > •>-• «t3 -^ O c3 V a 43 •« <3 Q ■a ag S-53 4:s A( »- ^a o^ & ^ o ^St) ^ rt 0) 53_^ ® e4H O aj as CD 4S n h c3 Q i( ^ o ^ „ ■si 05 H iz; h e ,o ^ o Eh 517 1908 Cap. 12 wobkmen's compensation o o Pi 53 K >■ fi s 1$ a h i s t1 a) y 518 workmen's compensation Cap. 12 1908 § J g g h M 1^ u « ^ Payments under Regulation 6 Amount of fees under each of the headings in Reg. 30 ."^ g § 3 ll 0"S ll - Date on which reference received k p. 1 13 So IS •a d 519 1908 Cap. 12 workmen's compensation 1" g n (D ^ fe M 1 H <^ n S s g N § ^r rt E^ o H ^1 «r g i J,S C3 d g g t^^ * O a 0} ^ hcd ■iS-a ^g i*a, 520 workmen's compensation Cap. 12 1908 THE WORKMEN'S COMPENSATION RULES The Workmen's Compensation Act, 1908. Preliminary. 1. (1) The word "Court" or "District Court" when used in these Rules shall mean the District Court of the district in which all the parties concerned reside, or if they reside in different districts then of the district in which the accident out of which the matter arose occurred, or any judge of such District Court; and the word "clerk" when used in these Rules shaU mean the clerk of such court. (2) The following Rules shall have effect under The Workmen's Compen- Effect, short section Ad, 1908 (in these Rules referred to as the Act), with reference to tiUe, com- any matter or proceeding for the regulation of which Rules of Court ™2,y|^°^^^^ be made under the Act, and generally for carrying the Act into effect so far tion of rules as it affects the court and proceedings in the coxirt. (3) These Rules may be cited as the Workmen's Compensation Rules, 1908, and shall come into operation on the first day of January, one thousand nine hundred and nine; but they shall not, except so far as they relate to references to medical referees and proceedings consequential thereon, apply to any case where the accident happened before the commencement of the Act. (4) Expressions used in these Rules shall have the same meaning as the same expressions used in the Act. (5) The Interpretation Act shall apply for the pm^jose of the interpretation of these Rules as it applies for the purpose of the 'interpretation of an Act of the Legislature. (6) These Rules shall also be read and construed with the rules governing procedm-e in the District Courts, being the Rules of Court of the Supreme Court of Alberta, in so far as the same are from their nature appUcable, and the rules of subsequent date amending the same; and any Order and Rule referred to by number in these Rules shall mean the Order and Rule so numbered in the said Rules so governing procedure in the District Courts, or in any Rules of subsequent date, as the case may be. Parties to ArhUration before Judge. 2. (1) When appUcation is made for the settlement by the judge, of any parties to matter which imder the Act is to be settled by arbitration, the party making arbitration such application shall be called "the applicant;" and, subject to these Rules, all other persons whose presence at the arbitration may be necessary to enable , the judge effectively and completely to adjudicate upon and settle all the questions involved shall be made parties to the appHcation, and shaU be called "the respondents." (2) In any case in which both the principal as defined by the Act and a contractor with him are alleged to be liable to pay compensation under the Act, Order VI, Rule 29 and the other cognate rules, as to joinder of defendants, shall, with the necessary modifications, apply so far as the same are applicable. 3. More persons than one may be joined as applicants in one arbitration, in any case in which such persons might be joined in one action as plaintiffs ap^c^ts under Order VI, Rule 26; and that Rule, and the other cognate rules as to joinder of plaintiffs and Order VII, RtUe 79 as to joinder of causes of action, shall with the necessary modifications, and so far as the same are applicable, apply to any such arbitration. 4. (1) An application on behalf of the dependants of a deceased workman . ,. . , for the settlement by arbitration of the amount payable as compensation j^^^m™ to such dependants may be made by the legal personal representative, if any, of the deceased workman on behalf of such dependants, or by the dependants themselves; and in either case the particulars to be filed as hereinafter mentioned shall contain particulars as to the dependants on whose behalf the application is made. 521 1908 Cap. 12 workmen's compensation Applicatian by dependants under Act Sched. 1, par. S, where amount of _ compensation agreed or ascertained Parties to arbitration as to sum payable for medical attendance and burial. Act, Scb. 1, par. 1 (a) (iii). Apportionment of such sum (2) Provided, that if there is any conflict of interest between the depeD4ants themselves, or if any dependants neglect or refuse to join in an application, the appUcation may be made by or on behalf of some only of such dependants, the other dependants in either case being named as respondents. (3) In the construction of this Rule the term "dependants" shall include persons who claim or may be entitled to claim to be dependants, but as to whose claim- to rank as dependants any question arises. 6. (1) In any case in which the amount payable as compensation to the dependants of a deceased workman has been agreed upon or ascertained, but any question arises as to who are dependants, or as to the amoxmt pay- able to each dependant, an application for the settlement of such question by arbitration may be made either by the legal personal representatives, if any, of the deceased workman on behalf of the dependants or any of them, or, by such dependants or any of them^ agaiost the other dependants, and the peilsons claiming or who may be entitled to claim to be dependants but as to whose claim to rank as such a question arises; or such apphcation may be made by the persons claiming to be dependants, but as to whose claim to rank as such a question arises, or any of them, against the legal personal representative, if any, of the deceased workman, and the dependants, and such of the persons claiming or who may be entitled tp claim to be dependants as are not applicants. (2) In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him a respondent, but if such compensation or any part thereof is still in his hands he shall be made a respondent. (3) The employer, if made a respondent, may pay the amount of com- pensation in his hands into court, to be dealt with as the judge shall direct, and thereupon further proceedings against him shall be stayed. 6. (1) An appUcation for the settlement by arbitration of the sum payable in respect of medical attendance on and the burial of a deceased workman who leaves no dependants shall be made by the legal personal representatives, if any, of the deceased workman. If there is no such legal personal repre- sentative, the application may be made by any person to whom such expenses are due. In the latter case any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application either as appUcant or respondent. > (2) In any case in which application is made for the settlement by arbi- tration of such amount, the amount awarded, if sufficient for the payment of, such expenses in full, shall be apportioned between the persons to whom such expenses are due in such manner as the judge shall direct. Parties under 7. The provisions of Order VI, Ride 34, as to parties suing or defending disability and q^ behalf of Other persons having the same interest, and the provisions of representation the Rules as to persons under disability and partners suing and being sued, of parties , shall, with the necessary modifications, apply to proceedings by way of arbi- having the tration under the Act. same mterest AppUcation for Arbitration. Request for arbitration Particulars 8. (1) An application for the settlement of any matter by arbitration shaU not be made xmless and until some question has arisen between the parties, and such question has not been settled by agreement. (2) Where any question has arisen and has not been settled by agreement, an application for the settlement of the matter by arbitration shall be made by the applicant filing with the clerk a request for arbitration, intituled in the matter of the Act and in the matter of the arbitration, which request shall state concisely the question which has arisen, and shall, with the subsequent proceedings thereon, be recorded in the special register hereinafter mentioned. (3) Particulars shall be appended or annexed to the request, containing — (a) A concise statement of the circumstances under which the appUca^ tion is made, and the relief or order which the appUcant claims; (6) The date of service of notice of the accident on the employer, or, if such notice has not been served, the reason for such omission; and 522 workmen's compensation Cap. 12 1908 (c) The full names and addresses of the respondents and of the appli- cant, and of his solicitor, if the proceedings are commenced through a solicitor. 9. (1) The request and particulars shall be according to such one of the Forms of forms in the Appendix as shall be appUcable to the case, with such modifi- p^l^ui^ cations as the nature of the case may require. Forms l to 6 (2) A copy of the notice of the accident shall be appended or annexed to the particiilars. If this Rule cannot be complied with, the reason for the omission shall be stated in the particulars. 10. (1) Where an employer on whom a claim for compensation has been AppJioatioii by made desires to. make an appUcation for the settlement of any matter by employer arbitration, he shall file a request for arbitration in accordance with Rule 8, to which the workman, or the legal personal representative, if any, and the persons claiming or who may be entitled to claim to be dependants of a deceased workman, or the other persons (as the case may be) on whose behalf the claim was made, shall be respondents. (2) Particulars shall be appended or annexed to the request, containing — (o) A concise statement of the circumstances under which the appUcation is made; (6) A statement whether the appUcant admits his liability to pay compensation, or denies such liabiUty, wholly or partially, with (in the latter case) a statement of the grounds on and extent to which he denies liability; (c) A statement of the matters which the appUcant desires to have settled by arbitration; and (d) The full names and addresses of the respondents and of the appUcant, and of his soUcitor, if the proceedings are commenced through a soUcitor. 11. The appUcant shaU deUver to the clerk with the request and particulars Copies for a copy thereof for the judge, and a copy for each respondent to be served, iiufees pd respondents 12. Where the appUcant is ilUterate and unable to furnish the required where information in writing, the request and particulars and copies shall be filled appKoant up by the clerk. is illiterate Proceedings on Arbitration before Judge. Fixing Day and Place for ArhitraMon. 13. (1) On the filing of a request for arbitration, the clerk shall transmit Fbdng day a copy of the request and particulars to the judge, who shaU as soon as^J"'^^*" conveniently may be, appoint a day and hour for proceeding with the arbi- ™ ™ tration. Such day shall be so fixed as to allow the copies of the request and particulars to be served on the respondents at least twenty clear days before the day so fixed. (2) The arbitration shall, subject as hereinafter mentioned be held at the place at which the coxirt is held. (3) Provided that the judge may direct that the arbitration shall be held at any other place within the district of the court, on appUcation in that behalf made by any party to the arbitration, and on such party filing and undertaking to provide at his own expense a place to the satisfaction of the judge in which the arbitration may be held, and to pay the necessary expenses of the judge and officers of the court attending at such place. (4) If such direction is given before the notices mentioned in the next foUowing Rule are issued, the clerk shaU insert in such notice the place at which the arbitration has been so directed to be held. (5) If such direction is given after such notices have been issued, the clerk shall forthwith send notice by post to the parties of the place at which the arbitration has been so directed to be held. Notice of Day Fixed. 14. (1) On the day for proceeding with an arbitration being fixed, the Notice to clerk diaU give or send by post notice in writing to the appUcant, stating parties the place at which and the day and hour on and at which the arbitrs|i|^ will be proceeded with, and shall issue the copies of the request and ^gm^tSie lars, under the seal of the court, for service on the respondents, togeth^ with notices signed by the clerk himself, and under the seal of the court, 523 1908 Cap. 12 WORKMEN S COMPENSATION Notice where employer is applicant Forms 7 and 8 Service on respondents Act, s. 4, sub-ss. 3, 4 Where service efifected otherwise than by sheriff or balliS Service by post Stay^of ' proceedings in other arbitrations to abide, decision as to liability in selected arbitration Answer by respondent Form 9 stating the place at which and the day and hour on and at which the arbitra- tion will be proceeded with, and that if the respondents do not attend in person or by their solicitors such order wiU be made and proceedings taken as the judge may think just and expedient. (2) Where the request is filed by an employer, the notices to be served on the respondents shall be modified by the omission of the words therein relating to the denial or admission of liability to pay compensation. Service on Respondents. 16. (1) The copies and notices mentioned in the last preceding Rule shall be served on the respondents at least twenty clear days before the day fixed for proceeding with the arbitration. (2) The copies and notices mentioned in the last preceding Kul? may be served — (a) By the sheriff or a bailiff; or, at the request of the applicant or his solicitors; , (6) By the applicant, or some clerk or servant ia his permanent and exclusive employ; or (c) By the applicant's solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them, or some person employed by either of them to serve such copies and notices, who might be so employed to serve a writ in an action in the Supreme Court. (3) Service may be effected either in accordance with the Rules as to service of writs of summons, or by registered post in accordance with the provisions of subsections 3 and 4 of section 4 of the Act with reference to service of notice in regpect of an injury, and the provisions of those sub- sections shall apply to such service. (4) Where service is effected otherwise than by a bailiff, a copy of the document served, with the date and mode of service endorsed thereon, shall within three clear days next after the date of service, or such further time as may be allowed by the clerk of the court issuing such doctmient, be delivered or transmitted to such clerk by the applicant. The apphcant shall also (unless the respondent files an answer) after the time limited for filing an answer, deUver or transmit to the clerk an affidavit of the service of such document. (5) Where a document is served by post, it shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of such document it shall be sufficient to prove that the same was properly addressed and registered. Stay of Proceedings. 16. Where several requests for' arbitration are filed by different applicants against the same respondent in the same court in respect of matters arising out of the same circumstances, the respondent may, on filing an undertaking to be bound, so far as his habiUty to pay compensation is concerned, by the award in such one of the said arbitrations as may be selected by the judge, apply to the judge for an order to stay proceedings in the arbitration other than the one so selected until an award is made in such selected arbitration. Answer by Respondent. 17. (1) If any respondent desires to disclaim any interest in the subject matter of an arbitration, or considers that the apphcant's particulars are in any respect inaccurate or incomplete, or desires to bring any fact or document to the notice of the judge, or intends to rely on the fact that notice of the accident, or of death, disablement, or suspension, was not given as required by the Act, or that the claim for compensation was not made within the time limited by the Act, or intends to deny (wholly or partially) his Uability to pay compensation under the Act, he shaU, ten clear days at least before the d^y fixed for proceeding with the arbitration, file with the clerk an answer, stating his name and address, and the name and address of his solicitor (if any) and stating that he disclaims any interest in the subject matter of the arbitration, or stating in what respect the applicant's particu- lars are inaccurate or incomplete, or stating concisdy any fact or document which he desires to bring to the notice of the judge, or on which he intends to rely, or the grounds on and extent to which he denies liability. ' 524 wokkmen's compensation Cap. 12 1908 (2) The respondent shall with such answer file copies thereof for the applicant and the judge, and one copy for each of the other respondents; and the clerk shaU within twenty-four hours after receiving such copies transmit the same by post to the applicant and the judge and the other respondents respectively. (3) Subject to any answer so filed, and to the provisions of the next following paragraph, the applicant's particulars, and, in the case of a claim for compensation, the liability to pay compensation under the Act, shall be taken to be admitted. (4) Provided, that in case of noncompliance with this Rule, and of the applicant's not consenting at the arbitration to permit a respondent to avail himself of any matter of which he should pursuant to this Rule have given notice by filing an answer, the judge may, on such terms as he shall think fit, either proceed with the arbitration and alio* the respondent to avail himself of such matter, or adjourn the strbitration to enable the respondent to file such answer. (5) The provisions of this Rule shall, with the necessary modifications. Answer where apply to a case in which a request for arbitration is filed by an employer; employer is but a respondent who fails to file an answer shall not be taken to admit the ^^^ '°''° truth of any statement in the applicant's particulars in which he denies, wholly or partially, his liability to pay compensation. Svbmission to Award or Payment into Court by Respondent. 18. (1) Where a respondent from whom compensation is claimed admits Submission to liabiUty, he may at any time before the day fixed for proceeding with the *"*"! " P*y" arbitration— "urtby (o) Where the appUcation is made by an injured workman, file with"®P™i^°' the clerk a notice that the respondent submits to an award for the °"^ payment of a weekly sum, to be specified in such notice; or (6) Where the application is made on behalf of the dependants of a deceased workman, or for the settlement of the sum payable in respect of medical attendance on and the biuial of a deceased work- man who leaves no dependants, pay into court such sums of money as the respondent considers sufficient to cover his hability in the circumstances of the case. (2) The clerk shall within twenty-four hours from the time of any notice Forms il, 12 filed or pajrment made pursuant to the last preceding paragraph send notice thereof (with, where a notice is filed, a copy of such notice) to the applicant, and to the other respondents (if any). (3) If the applicant is a workman, and elects to accept in satisfaction Acceptance of of his claim the weekly payment specified in the respondent's notice, he^'^^'^y shall send to the clerk and to the respondent by post, or leave at the clerk's JlSed office and at the residence or place of business of the respondent, a written Form 13 notice according to the form in the appendix, stating such acceptance, within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of notice of submission by the respondent has permitted. (4) If the application for arbitration is made on behalf of the dependants Acceptance of a deceased workman, or for the settlement of the sum payable in respect .<>' «"™ PJ'd of medical attendance and burial as aforesaid, and the applicant is willing Form°i3 ' to accept the sum paid into court in satisfaction of the compensation payable to the dependants, or in respect of such medical attendance and burial {as the case may be), he shall send to the clerk and to the respondent by post, or leave at the clerk's office and at the residence or place of business of the respondent, a written notice of such willingness, according to the form in the appendix, within such reasonable time before the day &ed for proceeding with the arbitration as the time of payment into court by the respondent haspermitted. If there are any other respondents, the applicant shall in like manner give notice of such willingness to such respondents; and if any of such respondents are willing to accept the sum paid into court in satisfaction of such compensation as aforesaid, they shall in like manner give notice of such willingness to the clerk and to the applicant ahd the other respondents. (5-) If the applicant is a workman, and elects to accept in satisfaction of Procedure if his claim the weekly payment submitted to by the respondent, or if in any weekly pay- other case the applicant and aU the respondents ^ve notice of their wilKng- ™™* offerMl ness to accept the sum paid into court, the following provisions shall apply ibMropted" 525 1908 Cap. 12 workmen's compensation Costs payable by respondents Form 13 Acceptance at any time before arbitration opens Costs Procedure and costs if weekly sum offered or sum paid in is not accepted Submission to award or pay- ment into . court where employer is applicant (o) Where the respondent submits to an award for the paypaexst of a weekly sum, the judge may, on apphcation made to him in or out of court, forthwith make an award directing payment of such weekly sum accordiBgLy. (6) Where the respondent has paid money into court, further proceed- ings against such respondent shall be stayed, except as h»:«inafter mentioDfidl and (i) If 1^6 applicant and the other respondents agree as to the apportionment and application of such sum, the judge may, on apphcation made to him in or out of court on behalf of or with tiie consent of all such parties, forthwith make an award for such apportionment and a,ppUca1Jon; (ii) In any aAex ease the arbitration may proceed as between the appTiffa-Tit and the other i^pondents. (c) In any suefa cas» tha- judge ma^^iD^hiis discretion, by his award order the respondent fiHhg cotice «f submission to an award or paying money into court to pay such costs as the apphcant and the other respondents, or any of them, may have properly inciured before the receipt of notice of submission to an award or payment into court, including, if the judge on consideration of the facts of the case shaJl so order, any items which might have been allowed by order of the judge at the hearing of the arbitration. (d) If the apphcant or any respondent intends to apply for any such costs, he shall give notice of his intention in his notice of acceptance, according to the form in the appendix; or where the time of filing notice of submission to an award or the time of pasmient into court by the respondent does not permit of notice of acceptance being given, the apphcant or any respondent may apply for "such costs without giving such notice. (6) Where any party has not given notice of acceptance in accordance with this Rule, he may nevertheless accept the weekly payment which the respondent has submitted to pay or the sum paid into court, at any time before the arbitration is called on and opened, subject to the payment of any costs which may have been reasonably incurred, by the respondent since the date of filing notice of submission or the date of payment into court, and which may be allowed by the judge; and the judge may order any costs, so allowed to be paid by the party so accepting and may order such costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to such party. (7) In default of notice of acceptance by the apphcant and all the respondents, the arbitration may proceed; but iJf no greater weekly payment or compensation is awarded than that which the respondent has submitted to pay or has paid into court, such respondent shaU not be hable to pay any further costs than such as he mi^t have been ordered to pay if the weekly payment offered or sum paid into court had been accepted; and the judge may order any costs incurred by such respondent after notice of submission to an award or payment into court to be paid by any party who has not given notice of acceptance of such weekly payment or sum, and may order such costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to such party. The judge may also order any costs incurred after notice of pajrment into coxat by any party who has given notice of acceptance to be paid by any other party who has not given such notice, and to be deducted from any compensation awarded to such last mentioned party. (8) The provisions of this Rule shall, with the necessary modifications, , apply to * case in which an employer who has filed a request for arbitration admits habiUty to pay compensation. Notice to Parties Against Whom Indemnity Claimed Under Section 6. Notice of claim to indemnity imder s. 6 19. Where a respondent claims to be entitled under section 6 of the Act to indemnity against any person not a party to the arbitration, he shall, ten clear days at least before the day fixed for proceeding with the arbitration, file a notice of his claim according to form in the appendix; and the clerk shall seal such notice and deUver it to the respondent, who shall serve the same, together with a copy of the applicant's request and particulars, and 526 wokkmen's compensation Cap. 12 1908 of the notice served on the respondent under Rules 14 and 15, upon the Form 14 person against whom such claim is made; and the provisions of paragraphs 2 to 5 of Rule 15 shaU apply to such service. 20. If any person served with a notice under the last preceding Rule Appearance by (hereinafter called the third party) desires to dispute the applicant's claim t^d party in the arbitration as against the respondent on whose behalf the notice has been given, or his own liability to such r^pondent, he must appear before the judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the clerk that the arbitration has been adjourned or postponed; and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the judge has jurisdiction to decide in the arbitration as between the appUcant and the respondent, whether such award is made by consent or otherwise, and his own liability to indemnify the respondent to the extent claimed in the notice served on him by the respondent: Provided, that if it appears to the judge before or at the arbitration that where notice the notice of claim has not been served on the third party in time to enable not served in him to appear on the day hereinbefore mentioned, or that for any other""® ^ sufficient cause the third party is unable to appear on such day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs and otherwise, as may be just. 21. If the third party fails to appear on the day mentioned in Rule 20, Proceedings on or, if the proceedings are adjourned imder that Rule, on the day to which default of the proceedings are adjourned, then if the arbitration results in an award ?£^d^^y in favour of the appUcant, or the arbitration is finally decided in favour of the applicant otherwise than by an award, the judge may on the application of the respondent make such award as the nature of the case may require in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge, until after satisfaction by the respondent of the award against him, or the amount recovered against him: Provided, that the judge may set aside or vary any award made against the third party under this Rule upon such terms as may be just. 22. The third party or the respondent may apply before or at the arbitra- Application tion to the judge for directions; and the judge, upon the hearing of the ^directions application, may, if satisfied that there is a question proper to be determined ma^beSven"^ as to the UabiUty of the third party to make the indemnity claimed, in whole or in part, order the question of such liability as between the third party and the respondent giving the notice to be determined at or after the arbitral tion, and if not so satisfied may make such award as the nature of the case may require in favour of the respondent giving the notice against the third party; or the judge may, if it appears desirable so to do, give the third party leave to resist the claim of the appUcant against the respondent upon such terms as may be just, or to appear at the arbitration and take such part therein as may be just, and generaUy may give such directions as he may think proper for having the question most conveniently determined, and as to the mode or extent in or to which the third party shaU be bound or made Uable by the award in the arbitration. 23. The judge may decide all questions of costs as between a third party _ and the other parties to the arbitration, and may order any one or more °' to pay the coste of any other or others, or give such directions as. to costs as the justice of the case may require. Notice to Parlies Against Whom Indemnity Claimed Under Section 8, or Otherwise. .. 24. (1) Where a respondent claims that if compensation is recovered daim to against him he will be entitled under section 8 of the Act, or otherwise than""^nimty under section 6, to indemnity against any person not a party to the arbitra- ^^^rise than ■ tion, he shaU file and serve a notice of his claim in accordance with Rule 19. nnder s. 6. (2) If any person served with a notice under the last preceding paragraph ^°™^ ^^> ^^- IJ (hereinafter called the third party) desires to dispute the apphcant's claim ^^g™°^^™ in the arbitration as against the respondent on whose behalf the notice has in appearing, been given, he must appear before the judge on the day fixed for proceeding ^e ia to be with the arbitration, or on any day to which he may have received notice adSt v^dity from the clerk that the arbitration has been adjourned or postponed; and of award in default of his so doing he shaU be deemed to admit the vaUdity of any against respondent 527 190S Cap. 12 workmen's compensation Where notice not served in due time Application to judge for directions as to conduct of arbitration Costs Judge how far empowered to decide questions as to liability of third party award made against such respondent as to any matter which the judge has jurisdiction to decide in the arbitration as between the applicant and the respondent whether such award is made by consent or otherwise: Provided, that if it appears to the judge before or at the Arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other suflBcient cause the third party is unable to appear on such day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as may be just. (3) The third party or the respondent may apply before or at the arbitra- tion to the judge for directions; and the judge, upon the hearing of the appUcation, may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as may be just, or to appear at the arbitration and take such part therein as may be just, and generally may give such directions as he shall think proper. (4) If the third party obtains leave to resist the claim of the applicant against the respondent, the provisions of Rule 23 as to costs shall apply. (5) Nothing in this Rule shall empower the judge to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the respondent, or to make any award in favour of the respondent against the third party, or to make any further or other order than that the third party shall not be entitled in any future proceedings between the respondent and such third party to dispute the validity of the award as to any matter which the judge has jurisdiction to ilecide in the arbitration as between the applicant and the respondent. (6) Provided, that with the consent of the respondent and the third party, (a) If the arbitration results ia an award ia favour of the applicant, or is finally decided in favour of the apphcant otherwise than by an award, and the third party admits his liability to indemnify the respondent, the judge may, on application made to him at or after the hearing of the arbitration or the final decision thereof, make such award as the nature of the case may require in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge until after satisfaction by the respondent of the award agaii^ him; or (6) The judge may, on an application for directions, order any question as to the liability of the third party to make the indemnity claimed to be settled, as between the respondent and the third party, by arbitration after the arbitration between the applicant and the respondent, and may on such subsequent arbitration make such award as the nature of the case may require in favour of either party against the other. (c) In any such case the judge may decide all questions of costs as between the respondent and the third party, ajid may order either of such parties to pay the costs of the other (including any costs payable by such party to any other party to the arbitration), or give such directions as to such costs as the justice of the case may require. Third Party Procedure Where Employer is Applicant. Third party 26. The provisions of Rules- 20 and 24 shall, with the necessary modifi- procedure cations, apply to a case in which an employer who has filed a request for 2°^p^^^J°''" arbitration claiins to be entitled to indemnity against any person not a party to the arbitration. Claim to Indemnity as Between Respondents. Claim to indemnity as between respondents 26. (1) Where a respondent claims to be entitled to indemnity against any other respondent, a like noticcshall be issued and the like procedure shall thereupon be adopted for the determination of questions between the respondents as might be issued and adopted against such other respondent if such last mentioned respondent were a third party. (2) Nothing herein contained shall prejudice the rights of the applicant against any respondent. 528 workmen's compensation Cap. 12 1908 * Procedure in Arbitration. 27. (1) Subject to the special provisions of these Rules, the procedure procedure in an arbitration shall be the same as the procedure in an action commenced in arbitratioo in the district court by writ of summons in the ordinary way, and determined by the judge without a jury; and the statutory provisions and rules for the time being in force relating to such actions shall, with the necessary modifications, apply to such arbitration accordingly; and in the application of such provisions and rules the apgUcanfc's request for arbitration shall be deemed to be a writ of summons with statement of claim and paiticulars annexed, the day fixed for proceeding with the arbitration shall be deemed to be the day for filing a dispute to such a writ, and the applicant and respon- dents shall be deemed to be plaintiff and defendants respectively. (2) Provided, that the burden of proof of any facts which are not admitted Burden of shall be the same, whoever the party may be by whom the request for proof of arbitration is filed. *^t^^ Award. 28. (1) The award of the judge on any arbitration shall be prepared and Award settled by the clerk, and shall be signed by the judge, and shall be sealed Form 18 and filed, and sealed copies thereof shall be served on aJl persons affected thereby; and such award shall be enforceable in the same manner as a judgment or order of the court. (2) The judge shall have power at any time to correct any clerical mistake or error in such award arising from any accidental sUp or omission. 29. (1) Where a committee or an arbitrator submits any question ofSubmis9ion law for the decision of the judge under paragraph 3 of the second schedule ff question of to the Act, such submission shaU be in the form of a special case. I^tee or™' (2) The case shall be intituled in the matter of the Act and of the arbitral arbitrator tion, and shall be divided into paragraphs numbered consecutively, and Act^sohed. 2 shall state concisely such facts and documents as may be necessary to enable par.' 3 the judge to decide the questions of law raised thereby. Upon the argument statement of the case the judge and the parties shall be at liberty to refer to the whole °i case contents of such documents, and the judge shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the hearing of an arbitration. (3) The case shall be signed by the chairman and secretary of the committee Fixing day or by the arbitrator, and sent to the clerk, who shall transmit the same to ^r hearing the judge, and the judge shall as soon as conveniently may be appoint a day '"™ and hour for hearing the case, and instruct the clerk to give notice thereof forthwith to the parties. The day shall be so fixed as to allow notice to be given ten days at least before the day fixed for the hearing, unless the judge shall, with the consent of all parties, fix an earlier day. (4) The clerk shall, on the apphcation and at the cost of any party, furnish Copies him with a copy of the case. " "^^^ (5) On the hearing of the case the judge may, after deciding the question Power of judge submitted to him, remit the case with a memorandum of his decision to the on hearing committee or arbitrator, for them or him to proceed thereon in accordance "' "^"^ with the decision; or if the decision of the judge on the question submitted to him disposes of the whole matter, he may himself make an award in the arbitration in accordance with such decisions. (6) The judge may remit the case to. the committee or arbitrator for Re-statement re-statement or further statement. (7) The judge shall have the same jjower over the costs of a special case Costs of as he has over the costs of an arbitration, or he may direct that such costs special case shall be dealt with as costs attending the arbitration; and the provisions of the Act and these Rules as to such costs shall apply accordingly. Appeararux of Parties in Arbitration. 30. (1) A party to an arbitration under the Act may appear — Appearance (o) In person; of parties (b) By any soUcitor who would be entitled to appear for such party in an action in the comrt; (c) By counsel; 529 1908 Cap. 12 workme!n's compensation or, by leave of the judge or arbitrator a party may appear — (d) By a member of his family; (e) By a person in the permanent and exclusive emplojmient of such party; (/) In the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment' of the company or corporation; (s) By any officer or member of any society or other body or persons of which such party is a member or with which he is connected; or (h) Under special circumstances, by any other person. (2) No person other than a solicitor who appears or acts on behalf' of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses and (in the case of a workman or a member of his family) allow- ance for time (if any) as may be allowed by the judge or arbitrator: Provided that nothing in these Rules contained shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his emplojonent of counsel to appear or act as aforesaid. Duty of Judge as to Taking Notes. 31. At the hearing of any arbitration or special case the judge shall make a note of any question of law raised, and of the facts in evidence in relation thereto, and of his decision thereon, and of his decision in the arbitration or on the hearing of the case; and he shall, at the expense of any party to such arbitration or case, furnish a copy of the note so taken to or allow a copy of the same to be taken by or on behalf of such party, and shall sign such copy, whether a notice of motion by way of appeal has been served or not. Proceedings Against Insurers Under Section 7. Where rights of 32. (1) Where under section 7 of the Act the rights of an employer against eSover' ^'^ ' f'^^ insurers under a contract entered into by the employer with the insurers agMDst in respect of any liability under the Act to any worlonan are transferred insurers vest to and vest in the workman, the following provisions shall have effect. under s. 7 (2) Where a workman who is or claims to be entitled to compensation Examination from an employer to whom section 7 of the Act applies is unable to ascertain of employer as whether such employer has entered into a contract with insurers in respect to insurance of his Uabihty, he may apply to the court on affidavit intituled in the matter of the Act, and setting forth the facts on which the application is made, for an order for the examination of the employer, and the court may make an order accordingly; and the provisions of Order XXXI shall apply in the same manner as if the employer were a debtor liable under a judgment or order. Provisions (3) The provisions of the Act and these Rules as to the settlement of as to matters by arbitration shall with the necessary modifications apply to the Form 6*"™' Settlement by arbitration of any question as to liability of the insurers or the amount of their liability. Appointment of Arbitrator by Judge in Place of Arhibrator Agreed on by the Parties Under Schedule II, Paragraph 8. Application 33. (1) In the case of the death or refusal or inability to act of an arbitrator for appoint- agreed on by the parties, any party to the arbitration who desires to make Fom 20 ^^ application to the judge to appoint a new arbitrator shall apply in writing to the clerk to fix a time and place for the hearing of such application. Kidngof (2) The clerk shall fix the hearing of the appHcation before the judge oiOTk?^ ^°^ ^y 9°^^ appointed to be held within fourteen days from the date of the application to the clerk, but so that he shall not, except by consent, fix the hearing for a day less than seven days from the date of the application. Fixing of (3) If there is no available court, the clerk shall send notice of the intended hearing application to the judge_, who shall as soon as conveniently may be fix a time by judge ^j^ place for the hearmg of the application. Such time shaU not, except by consent, be less than seven days from the date of the application to the clerk. Summons to (4) On the time and place for the hearing of the appUcation being fixed, other party the clerk shall issue to the applicant a summons under the seal of the court 530 wobkmen's compensation Cap. 12 1908 according to the form in the appendix, addressed to the other party to the arbitration, and requiring hinf to attend on the hearing of the appUcation. (5) Such summons shall be served by the appUoant on the other party Service of in accordance with Rule 15 of these Rules not less than four clear days before su™"""^ the day fixed for the hearing, imless such party agrees to accept shorter service. (6) On the day fixed for the hearing the judge shall dispose of the appUca" Hearing of tion on hearing the parties, or on hearing the applicant and on proof o^ application service of the summons on the other party, if such other party does not appear. (7) Before appointing any person to act as arbitrator, the judge shall ■Ascertainment ascertain that such person is willing to serve if appointed. to act ^°™ (8) The appointment may be made by endorsement on the simimons. Order or by a separate order. (9) The costs of the appUcation shall be in the discretion of the judge. Costs who may order the same to be paid by one party to the other, or to be dealt with as costs attending the arbitration. Such costs, if allowed, shall be taxed on such scale as the judge shall direct. Memorandum Under Schedvle II, Paragraph 8. 34. (1) The memorandum as to any matter decided by a committee Memorandum or by an arbitrator or by' agreement, which is by paragraph 8 of the second to be sent schedule to the Act required to be sent to the clerk, shall be intituled in the ^„?^gj 2 matter of the Act, and shall be left at the office of the clerk, or sent by post gar.' s. ' ' by registered letter addressed to the derk at his office, as soon as may be Form 22 after the matter has been decided. (2) Where the matter is decided after a medical referee has been appointed to report on any matter under paragraph 13 of the second schedule to the Act, a copy of the report of the referee shall be annexed to the memorandum and recorded therewith; and if the referee attended any proceeding in the arbitration, it shall be so stated in the memorandum. 36. (1) If the matter is decided by a committee or an arbitrator, the Authentication memorandum shall be authenticated by the signatures of the chairman of memoran- and secretary of the committee, or by the signature of the arbitrator; and 4"?.°' , it shall be the duty of the committee or arbitrator, as soon as may be after committee or the decision, to draw up such memorandum and to sign the same or cause arbitrator it to be signed as aforesaid, and to leave or send the same as aforesaid or to deliver the same to some party interested, to be by him so left or sent. (2) If the matter is decided by agreement, the memorandum shall be Authentication authenticated by the signatures of aU parties to such agreement, or by the °* memoran- signatures or signature of some or one of them, or by the signatures or^^ement signature of the solicitors to the parties or some or one of them on their or his behalf. (3) There shall be left or sent with the memorandum a copy thereof for^opigg every party interested, other than the party (if any) by whom the memor- andum is left or sent. 35. On the receipt of the memorandum the clerk shall send one of the Notice to copies thereof to every party interested, with a notice according to the form parties in the appendix, requesting such party to inform him within seven days interested of from the date of the notice whether the memorandum is genuine, or whether h"a^n ^bem he disputes it, and, if so, in what particulars, or objects to its being recorded, received. and, if so, on what grounds. Form 23 36. If all the parties interested admit the genuineness of the memorandum. Recording of or do not within such period of seven days dispute it or object to its being memorandum, recorded, the clerk shall, subject to proviso (d) to paragraph 8 of the second if not disputed schedule to the Act, and to Rule 41, record it without further proof. 37. If any party interested disputes the genuineness of the memorandum, where or if, where a workman seeks to record a memorandum of agreement between memorandum his employer and himself, the employer alleges that the workman has in^^wCT^ fact returned to work and is earning the same wages as he did before the objects to its accident, and objects to the recording of the memorandum, such party or being recorded employer shall within seven days from the date of the notice mentioned p°'' I'Jm'^' ^' m Rule 85 file with the clerk a notice according to the form in the appendix Foiin 24 531 1908 Cap. 12 WORKMEN S COMPENSATION Notice of dilute or objection Form 25 Subsequent procei that he disputes the genuineness of the memorandum or that he objects to its being recorded, and shall with such nofioe file a copy thereof for each of the other parties interested. 38. On the receipt of any such notice as in the last preceding Rule mentioned, the clerk shall send a copy thereof to each of the other parties interested, together with a notice according to the form in the appendix, informing such party that the memorandum will not be recorded except with the consent in writing of the party or employer disputing the same or objecting to the same being recorded, or by order of the judge. 39. (1) K the consent mentioned in the last preceding Rule is obtained, the deck shall, subject to proviso (d) to paragraph 8 of the second schedule to the Act, and to Rule 41, record the memorandum without further proof. (2) If such consent cannot be obtained, any party interested may apply to the judge to order the memorandum to be recorded. Proceedings for Record of Memorandum or Rectification of Register. Proceedings on application for record of memorandum or rectification of register Form 26 40. The following provisions shall apply to an application for an order that a memorandum be recorded, or an application to the judge to rectify the register pursuant to paragraph 8 of the second schedule to the Act. (a) The application shall be made in court on notice in writing, stating the relief or order which the applicant claims. (6) The notice shall be filed with the clerk, and copies thereof shall be served — (i) In the case of an application for an order that a memorandum be recorded, on the party disputing the memorandum or objecting to its being recorded, and on all other parties interested; (ii) In the case of an application to rectify the register, on every party who would be affected by such rectification, subject to the provisions of these Rules as to the parties to an arbitration; or on the soUcitor of such party, ten clear days at least before the hearing of the application, unless the judge or clerk gives leave for shorter notice. (c) On the hearing of the application, witnesses may be orally examined in the same maimer as on the hearing of an action. (d) On the hearing of the application the judge may make such order or give such directions as he rtiay tmnk just, regard being had, in the case of an application for an order that a memorandum of an agreement be recorded, to proviso (d) to paragraph 8 of the second schedule to the Act.' (e) The provisions of the Act and these Rules as to the costs of an arbitration before the judge shall apply to any such application. Reference of Agreement Presented for Registration to the Judge. Schedule II, Paragraph 8, Proviso (d). Proceedings where agreement presented for registration is referred by clerk to judge. Act, sched. 2, par. 8 proviso (d) Form 27 41. (1) Where a memorandum of an agreement presented for registration relates to any ma ter referred to in proviso (d) to iiaragraph 8 of the second schedule to the Act, the clerk may, before recording the same, make such inquiries and obtain such information as he may tmnk necessary in order to satisfy himself whether the memorandum may properly be recorded, regard being had to the said proviso. (2) Where it appears to the clerk that the memorandum ought not to be recorded for any reason mentioned in the said proviso, he shall make a report to the judge in writing, stating the information he has obtained and the grounds on which it appears to lum that the memorandum ought not to be recorded. (3) If on consideration of the clerk's report it appears to the judge that the memorandum may properly be recorded, he may so direct, and it shall be recorded accordingly. (4) If on consideration of the clerk's report it appears to the judge that the memorandum should not be recorded without further inquiry, the clerk shall send notice to the parties to the agreement according to the form in the appendbc, informing them that he has referred the matter to the judge, and requiring them to attend on a day to be named in the notice, when the matter will he inquired into by the judge. 532 wobkmen's compensation Cap. 12 1908 (5) The notices shall be sent to the parties or their soUcitors ten clear days at least before the day fixed for the inquiry, unless the judge directs shorter notice to be given. (6) At the inquiry witnesses may be orally examined in the same manner as on the hearing of an action. (7) At the inquiry the judge may make such order or give such direction as he may think just. (8) The provisions of the Act and those Rules as to the costs of an arbitra- tion before the judge shall apply to any such inquiry. Proceedings far Renwval of Record of Memorandum of Agreement from Register und'&r Schedule II, Paragraph 8, Proviso (e) . 42. (1) An application to the judge by or on behalf of any party for the Application removal from the register of the record of a memorandum of an agreement of'^^mmt under proviso (e) to paragraph 8 of the second schedule to the Act shall be from register, made in court on notice of writing; and the provisions of Rule 40 shall apply Act, ached. 2, to the proceedings on such appUcation. provfao («) (2) If it appears to the judge on a report by the clerk without such appli- Form 28 cation as in the last preceding paragraph mentioned that the record of a Notice where memorandimi of an agreement should be removed from the register pursuant JS'''"^ to the said proviso, the clerk shall send notice to the parties to the agreement ^"^z^ according to the form in the appendix, requiring them to attend on a day y^,^ 29 to be named in the notice, when the matter will be inquired into by the judge. (3) Such notice shall be sent and the inquiry held in accordance with the provisions of the last preceding Rule, and the provisions of that Rule shall apply to any such inquiry. Cerlificaie Under Section 3, Subsection 4. 43. (1) Where an action is brought in the Supreme Court, or in any Certificate District Court to recover damages independently of the Act for injury caused ^^ ^°*'. "■ ^^ by any accident, and the court proceeds ulider subsection 4 of section 3 ^^^^^ 33 of the Act, the certificate given by the court shall be according to the form in the appendix. (2) The clerk shall, on receiving a certificate given by any other court under the said subsection, record the same in like manlner as if such certifi- cate were an award made by the judge. Summoning Medical Referee a^ Assessor Under Scheduh II, Paragraph 4. 44. (1) Any party to an arbitration may eight clear days at least before AppUbation the day fixeS for proceeding with the arbitration file with the clerk an appli- ^'■.*™^"' cation according to the form in the appendix, requesting the judge to simimbn par.' |° ' ' a me'dlbal referee to sit with him as an assessor under paragraph 4 of the ^orm 3i second schedxile to the Act. (2) On the receipt of an appUcation for an assessor the clerk shall forward Assessor to a copy of the same to the judge, who if he thinks fit shall return the same i/jud^^° with his approval, and thereupon the clerk shall forthwith summon an approved assessor. . (3) K the judge does not think fit that an assessor shall be summoned, where judge notice thereof shall be given by the clerk to the appUcant, according to the "^°™ °°* form in the appendix. Fom32 (4) If the judge thinks fit, either on the appUcation of any party to an Summoning arbitration or on hK own motion, to summon a medical referee to sit with of assessor him as an assessor, the clerk shall forthwith summon one of the medical ^ iudse referees appointed by the Attorney General for the area comprising theU^g^"' district of the court in which the arbitration is pending, by_ sending to such -p^^^ 33 medical referee by post a summons according to the form in the appendix. (5) If at the time and place appointed for the arbitration the medical ^^er« refea-ee summoned does not attend, the judge may either proceed with the gy^'^jj^^^ arbitration without the assistance of an assessor, or he may adjoiun the hearing. Aprpointment of Medical Referee to Report Under Schedule II, Paragraph 13. 46. (1) Subject to and in accordance with regulations made or to be ^ gj^jj^^j^^. made by the Attorney General, under paragraph 13 of the second schedule ofmedical 533 1908 Cap. 12 workmen's compensation referee to report under Act, sched- 2, par. 13 to the Act, the judge may submit to a medical referee for report any matter which seems material to any question arising in an arbitration. (2) When any matter is submitted as aforesaid, the judge may, subject to and in accordance with such regulations, order the injured workman to submit himself for examination by the medical referee; and it shall be the duty of the workman, on being served with such order, to submit himself for examination accordingly. Application for Reference to Medical Referee Under Schedule I, Paragraph 12. Application for reference to a medical referee under Act, sched. 1, par. 12 Form 34 v, Form 35 Form 36 Form 37 46. (1) With respect to appUcations to the cl^k pursuant to paragraph 12 of the first schedule to the Act to refer any matter to a medical rrferee, the following provisions shall have eflfect. (2) An application to the clerk to refer any matter to a medical referee shall be made in writing, and shall contain a statement of the facts which render the application necessary, according to the form in the appendix, and shall be accompanied by a copy of the report of every medical practi- tioner who has examined the workman either on behalf .of the employer or on the selection of the workman. The appUcation shall be signed by or on behalf of both parties; and the apphcant shall file copies of the applicar tion and reports for the use of the medical referee. (3) On the hearing of the application the clerk shall refer the matter to one of the medical referees appointed for the area comprising the district of the court; and shall forward to such medical referee by registered post one of the filed copies of the application and reports, with an order of reference according to the form in the appendix . (4) The clerk shall also make an order directing the workman to submit himself for examination by the medical referee subject to and in accordance with any regulations made or to be made by the Attorney General. (5) Before making such order the clerk shall inquire whether the workman is in a fit condition to travel for the purpose of examination, and if satisfied that he is in a fit condition shall by the order direct him to attend at such time and place as the referee may fix, and if satisfied that he is not in a fit condition to travel shaU so state in the order of reference; and it shall be the duty of the workman, on being served with the order, to submit himself for examination accordingly. (6) The clerk shall deUver or send by registered post to each party a copy of the order of reference, and shall send to the workman a copy of the order directing him to submit himself for examination. (7) The medical referee shall forward hife certificate in the matter to the clerk by registered post. (8) On the receipt of the certificate of the medical referee the clerk shall inform the parties by post that it has been received, and shall permit any party to inspect the same during oflSce hours, and shall on the application and at the cost of either party furnish him with a copy of the crai.ificate, or allow him to take a copy thereof. (9) The fee payable by the appUcant shall be calculated at the rate of ten cents in the dollar on 26 times the amount of the weekly payments claimed by or payable to the workman, so that the total fee shall not exceed ten dollars. (10) The costs of any application to the clerk, including the fee paid under the last preceding paragraph,' may be allowed as costs in any sub- sequent arbitration for the settlement of the weekly payment to be made to the workman, or, where the application is made after the weekly payment has been settled, as costs in any subsequent arbitration as to the review of such weekly payment. Suspension of Proceedings or Weekly Payments on Refusal to Submit to Examination tinder Schedule I, Paragraph 4, 11, or 12. Application 47. (1) In any case in which a workman has given notice of an accident to stay or is receiving weekly payments under the Act, and the employer alleges suspend^ekly *^** *^^ workman refuses to submit himself to medical examination in parents accordance with paragraph 4, paragraph 11, or paragraph 12 of the first on refusal of schedule to the Act or in any way obstructs such examination, the employer " "*° may apply for a suspension of the right to compensation and to take or workman to submit to examination 534 workmen's compensation Cap. 12 1908 prosecute any proceedings under the Act in relation to compensation, or under Act, of the right to the weekly paArments, until such examination has taken place, sched. l, in accordance with this Rule. o?i^. l"' (2) Where proceedings are pending before a committee or an arbitrator agreed on by the parties, the apphcation shall be made to such committee or arbitrator. (3) Where the workman has given notice of an accident, but no proceed- ings are pending, or proceedings are pending before the judge, the application shall be made to the judge. (4) Where the workman is receiving weekly payments under an award, memorandum, or certificate, then — (o) If proceedings for the review of the weekly payment are pending before a committee or an arbitrator agreed on by the parties, the application shall be made to such committee or arbitrator; (6) K no proceedings for review are pending, or if proceedings for review are pending before the judge, the application shall be made to the judge. (5) Where the apphcation is to be made to the judge, it may be made Form 38 in or out of court in accordance with Rule 40; and the provisions of the said rule shall apply to the proceedings on such apphcation, with the follow- ing modification: (a) The notice shall be served on the workman or his soUcitor five clear days before the hearing of the apphcation, unless the judge or clerk gives leave for shorter notice. Payment into Court and Investment and Application of Money Payable in case of Death. Schedule I, Paragraph 5. 48. (1). Where any payment in the case of death is to be paid into court Payment pursuant to"para©:aph 5 of the first schedule to the Act, the following pro- Svratmrat visions shall have effect. and application (2) Where any money is to be paid into court under an award made by cLe^S^eatli' the judge, payment shall be made in accordance with the directions contained Act, sched. l, in the award. par. 5 (3) In any other case payment shall be made into the court in which the memorandum of the decision, award, or agreement iinder which the money is to be paid, or the certificate imder which the money is to be paid, has been or is to be recorded. (4); Where money is to be paid into court under the last preceding para- graph," the party paying the same shall lodge with the clerk a praecipe in dupUcate according to the form in the appendix, annexiag to one copy of the praecipe a form of receipt, and the clerk, on the receipt of the sum paid m, "" shall sign the receipt and return the same to the party making the payment; and the party making the payment shall forthwith give notice to the persons interested in the sum paid in of such payment having been made. (5) If all questions as to who are dependants and the amoimt payable to each dependant have been settled by agreement or arbitration before payment into court, the sum paid into court shall be allotted between the dependants in accordance with the agreement or award, and the amount allotted to each dependant shall be invested, apphed, or otherwise- dealt with by the court for the benefit of the person entitled thereto in accordance with paragraph 5 of the first schedule to the Act. (6) If such questions have not been settled before pajrment into court, then — (a) If all the persons interested in the sum paid into court agree to leave the apphcation thereof to the court the amount paid into court shall, on apphcation by or on behalf of such persons, be . invested, applied, or otherwise dealt with by the court for the benefit of the persons entitled thereto in accordance with paragraph 6 of the first schedule to the Act; (6) If any question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the apphcation of the sum paid into court, such question shall be settled by the court by arbitration in accordance with these Rules; and the amount allotted to each dependant shall be invested, apphed, or otherwise dealt with by the court for the benefit of the person entitled thereto ■ in accordance with paragraph 5 of the first schedule to the Act. 535 1908 Cap. 12 WORKMEN S COMPENSATION (7) Where any question is settled by the court by arbitration in accord- ance with the last preceding paragraph, an application for the investment or application of any sum allotted to any person on such arbitration may be made at or immediately aft^r the hearing of the arbitration. (8) Where application is not so made or in any other case coming within paragraph 5 of the first schedule to the Act, an application for the investment or application of the sum paid into court, or the amount allotted to any person, may be made without petition, and the judge, on such evidence of title and identity as he may think necessary, may make such order under paragraph 5 of the first schedule of the Act and this Rule as he may think fit. (9) Every order for the investment or application of money paid into court shall reserve liberty to the parties inter^ted to apply to the court as they may be advised. (10) Where any sum allotted to any person imder paragraph 5 of the first schedule to the Act or this Rule is ordered to be paid out to or applied for the benefit of the person entitled thereto, by weekly or other periodical payments, such payments may be made to the person entitled to receive the same either at the ofiSce of the clerk, or, on the written request of such person, by crossed cheque or post office or express money order addressed to such person and forwarded by registered post letter, payment by post being in aU cases at the cost and risk of the person requesting the same. into Court and under Legal of Weekly Payments Payable to Person , Schedule I, Paragraph 7. Application for payment into court of weekly- payment to 'person under legal disability Act, Bched. 1, par. 7 Form 40 49. (1) An application under paragraph 7 of the first schedule to the Act for an order that a weekly pajrment payable under the Act to a person under any legal disability shall during the disability be paid into court may be made either by the person Uable to make such payment, or by or on behalf of the person entitled to such payment. (2) If the weekly payment is awarded by the judge, the application may be made at or immediately after the hearing of the arbitration. (3) In any other case the application may be made in or out of court on notice in writing, which shall be served on the other party or his solicitor five clear days at least before the hearing of the application, unless the judge or clerk gives leave for shorter notice; and the provisions of Rule 40 shall apply to any such application. (4) Where any weekly payment is ordered to be paid into court, the sums paid in shall be paid out by the clerk to or otherwise applied for the ben^t of the person entitled thereto in such manner as the judge shall direct; and the provisions of the last preceding Rule as to the payment out or appUcation of sums by weekly or other periodical payments shall apply. Application for Variation of Order under Schedule I, Paragraph 9. Application for variation of order. Act, ached. 1, par. 9 Form 41 60. (1) An appUcation for the variation of an order of the court under paragraph 9 of the first schedule to the Act may be made by any person interested. (2) The application shall be made in court on notice in writing, stating the circumstances under which the application is made, and the relief or order which the applicant claims. (3) The notice shall be filed with the clerk, and notice thereof shall be served on all persons interested in accordance with Rule 40; and the provisions of that Rule and of Rule 48 shall apply to proceedings on such application. Investment and Application of Lump Sum paid in Redemption of Weekly PaymerU, Schedule I, Paragraph 14. Investment 51. Where pursuant to paragraph 14 of the first schedule to the Act a Kid application lump sum payable for the redemption of any weekly payment is ordered in reSmption ^y ^^^ J^dge, to be invested or applied for the benefit of the person entitled thereto, such sum shall be paid into court; and the provisions of paragraph 5 of the first schedule to the Act and of Rule 48 shall apply to the investment and application of such lump sum. in redemption of weekly payments. Act, Bched. 1 par. 14 536 workmen's compensation Cap. 12 1908 Proceedings Where Workman receiving Weekly Payment intends to cease to Reside in the Province, Schedule I, Paragraph 15. 62. (1) Where a workman receiving a weekly payment intends to cease where to reside in the province the following provisions shall have effect under workmen paragraph 15 of the first schedule to the Act. weS^^ (2) The workman may apply to the clerk to refer to a medical referee payments the question whether the mcapacity of the workman resulting from th.e'^^°^^ injury is likely to be of a permanent nature. reside in the (3) The application shall be made on notice in writing, according to the^™™^^ j_ form in the appendix, which shall be filed with the clerk, and shall be accom- par.' 15 panied by a copy of the report of any medical practitioner who has examined Form 42 the workman on the selection of the workman; and a copy of the application and of such report (if any) shall be served on the employer or his soUcitor in accordance with Rule 40; and the appUcant shsdl file a copy of the appli- cation and of the report (if any) for the use of the medical referee. (4) If the workman has been examined by a medical practitioner on behsJf of the employer, the employer may at or at any time brfore the hearing of the application furnish the workman with a copy of the report of that practi- tioner as to the workman's condition, and file a copy of the report for the use of the medical referee. (5) On hearing of the application the clerk, on being satisfied that the applicant has a bona fide intention of ceasing to reside in the province, shall make an order referring the question to a medical referee; and if he is not ^^^^ 43 so satisfied, he may refuse to make an order, but in that case he shall, if so requested by the applicant, refer the matter to the judge, who may make such order or give such directions as he may think fit. (6) If the clerk or the judge mates an order referring the question to a medical referee, he shall also make an order directing the workman to y^^^ 35 submit himself for examination by the medical referee, subject to and in accordance with any regulations made by the Attorney General; and the provisions of paragraphs 3 to 6 of Rule 46 shall with the nectary modifies^ tions apply. (7) The medical referee shall forward his certificate in the matter to the clerk by registered post, specifying therein the nature of the incapacity of the workman, and whether the same is total or partial; and the clerk shall Form 37 thereupon proceed in accordance with paragraph 8 of Rule 46. (8) Where the medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature, the clerk shall on application furnish the workman — (o) With a copy of the certificate of the medical referee, sealed with the seal of the court and certified by the clerk in his own hand- writing to be a true copy; and (6) With a copy of the award, memorandum, or certificate under which the weekly payment is payable, sealed with the seal of the court and cerj;ified by the clerk in his own handwriting to be a true copy; and (c) With a certificate of indentity according to the form in the appendix; Form 44 and (d) W/ith a notice according to the form in the appendix, annexing Form 45 thereto forms of certificate and declaration according to the forms in the appendix; and shall procure from the workman a specimen of his signature, and file the same for reference. (9) A workman who desires to have the weekly payments payable to him remitted to him while residing out of the province shall at intervals of three months from the date to which such payments were last made submit himself to examination by a medical practitioner in the place where he is residing, and shall produce to him the copy of the certificate of the medical referee and the certificate of identity furnished imder the last preceding paragraph, and shall obtain from him a certificate in the form in the appendix Form 46 that the incapacity of the workman resulting from the injury continues; and such certificate shall be verifiedby declaration by the medical practitioner, m the presence of the workman, before a person having authority to administer an oath. (10) The workman shall also make a declaration of identity according to the form in the appendix before a person having authority to administer Form 47 an oath, producing to such person the copy and certificate above mentioned, and the certificate of the medical practitioner by whom he has been examined. 537 1908 Cap. 12 workmen's compensation Form 48 Form 49 (11) The workman shall forward the certificate and declaration in the two last preceding paragraphs mentioned to the clerk, with a request, according to the form in the appendix, for the transmission to him of the amount of the weekly payments due to him, specifying the place where and the manner in which the amount is to be remitted, which request shall be signed by the workman in his own handwriting. (12) On receipt of the certificate, declaration, and request the clerk shall examine the same, and may if not satisfied that the same are in order return the same for correction. (13) If the clerk is satisfied that the certificate, declaration and request are in order or when they are returned to him in order, he shall send to the employer a notice according to the form in the appendix, requesting him to forward the amount due; and the employer shall thereupon forward the amount to the clerk, who shall remit the same, less any fees payable to the clerk and the costs of transmission, to the workman at the address and in the manner requested by him, such remittance being in all cases at the cost and risk of the workman. Costs. Costs. Act, sched. 2, par. 6. 63. (1) Any costs of and incident to an arbitration and proceedings con- nected therewith directed by a committee or by an arbitarator or by the judge, to be paid by one party to another shall, in default of agreement between the parties as to the amount of such costs, be taxed according to such one of the scales of costs apphcable to actions in the District Court as the committee, arbitrator, or judge shall direct; and in default of such direction shall be taxed according to the scale which would be apphcable if the proceeding had been an action in the District Court; and the statutory provisions and rules for the time being in force as to the allowance and taxation of costs in such actions, and as to objections and review of taxation shall apply accordingly. (2) Where the subject matter of an arbitration is not a capital sum, the committee, arbitrator, or judge shall determine what, for the purpose of the allowance and taxation of costs, shall be considered to be the amount of the subject matter of the arbitration; and in default of such determioation the amount shall be fixed by the clerk by whom the costs are 4o be taxed, subject to review by the judge. (3) The committee, arbitrator or judge, in dealing with the question of costs, may take into eonsidfiratioa any offer of compensation proved to have been made on behalf of the emplc^er. (4) W&ere any workman is examined by a medical referee on a reference under paragraph 12 of the first schedule to the Act and the certificate of the referee is used in any subsequent arbitratian, any reasonable traveUing and other expenses incmred by the workman in obtaining such certificate (if not otherwise provided for) may, by order of the committee, arbitrator, or judge, be allbwed as costs in the arbitration. (5) Where a workman is ordered to submit himself for examination by a medical referee appointed to report under paragraph 13 of the second schedule to the Act, any reasonable expenses incurred by such workman in travelling to attend on such referee for examination may, by order of the committee, arbitrator, or judge, be aUow^ as costs in the arbitration. Review of Taxation by Judge. Keview of taxation 64. (1) An application to the judge to review any taxation of costs shall be made on notice in writing, which shall be served on the opposite party two clear days at least before the hearing of the appUcation, unless the judge or clerk gives leave for shorter notice. (2) Such apphcation shall be heard and determined upon the evidence wMoh has been brought in before the clerk, and no further evidence shall be received on the hearing thereof unless the judge otherwise directed. (3) The costs of and incident to the application shall be in the discretion of the judge. (4) The result of such review shall be entered in the register. 538 workmen's compensation Cap. 12 1908 66. Where any party to whom costs are awarded acts by a solicitor, such a* to solicitor shall have the same authority to take out of court or receive any authority of sum paid into court or payable in respect of such costs by the party against reerive'eoBts whom such costs are awarded as he would have if such costs were awarded payable by in an action. «i^«"« P^^y Costs of Solicitor or Agent under Schedule II, Paragraph 12. 66. (1) The following provisions shall apply to an application imder Application paragraph 12 of the second schedule to the Act for the determination of the to °f*™^f amount of costs to be paid to the soUcitor or agent of a person claiming J^^jPJ^* compensation under the Act. or agent. (2) Where the sum awarded as compensation has been awarded by a r^' ^ ' committee or an arbitrator agreed on by the parties, the appUcation shall be made to such committee or arbitrator. (3) Where the sum awarded as compensation has been awarded by the judge, the appUcation may be made — (o) To the judge at or immediately after the hearing of the arbitration; or (ft) At a subsequent date. (4) Where a sum has been agreed on as compensation, the appUcation shaU be made to the judge. (5) An appUcation made to the judge, other than an appUcation under paragraph 3 (o) of this Rule, shaU be made in court on notice in writing Form 50 in accordance with Rule 40. (6) Such notice shaU be served on the person for whom the soUcitor or agent acted in accordance with the said Rule, and the provisions of the said Rule shall apply to the proceedings on such appUcation. (7) On the hearing of any appUcation under this Ride, the conunittee, arbitrator, or judge may award costs to the soUcitor or agent and may make an OTder declajnng such soUcitor or agent to be entitled to recover such costs from the person for whom he acted, or to be entitled to a Uen for such costs on any sum awarded as compensation to such person, or to be entitled to deduct such costs from any such sum, or may make such order or give such directions as may be just. (8) Any costs awarded to a soUcitor or agent on any such appUcation shall, in default of agreement between the parties as to the amount of such costs, be taxed according to such one of the scales of costs appUcable to actions in the District Court or Supreme Court as the committee, arbitrator, or judge shaU direct; and in default of such direction such costs shall be taxed according to the scale which would be appUcable if the proceeding had been an action in the District Court; and the statutory provisions and rules for the time being in force as to the allowance and taxation of costs in such actions, and as to objections and review of taxation, shaU apply accordingly; and any taxation shall be subject to review by the judge accord- ing to Rule 54. (9) Where the subject matter of the arbitration is hot a capital sum, the committee, arbitrator, or judge shaU determine what, for the purpose of the aUowance and taxation of such costs, shaU be considered to be the amount of the subject matter of the arbitration; and in default of such determination the amount shaU be fixed by the clerk by mk&sa the costs are to be taxfd, subject to review by the judge. 67. Where an order is made by ^uoommittee, arbitrator, or judge awarding Provisions costs to a soUcitor or ageQt>..^aad declaring such soUcitor or jigent to be entitled as to order to recover such tBoette -from the person for whom he aicted, or to be entitled k!?*2!5* to a Ij^,^ «ach costs on any sum awarded or agreed as compensation, or to Jje 'mtitled to deduct such costs from any such sum, the following pro- visions shaU apply: {a) The £lerk -AsSX, on appUcation made to him, tax such costs. (ft) A copy of the order, and, when the amount to which such solicitor or agent is entitled has been ascertained by taxation, a memor- andum of such amoimt, shall, at the request and cost of the soUcitor ■ or agent be issued by the clerk for the service on the party Uable to pay the sum awarded or agreed as compensation; and service thereof may be ^ected on such party in accordance with Rule 15. (c) A memorandum of such order, and when such amount has been aficertained a memorandum of such amount, shall be recorded 539 1908 Cap. 12 workmen's compensation in the register 'in which the memorandum of award imder which the sum awarded as compensation is payable is recorded,, and such last mentioned memorandum or award shall have efiect subject to such order and memorandum. (d) The party liable to pay such compensation shall on demand pay to the solicitor or agent the amount to which he is entitled, but so that such party shall not be liable to pay any amount in excess of that which he is liable to pay for compensation, or to pay such amount by any other instalments than those by which he is liable to pay such compensation. (e) If the party liable to pay such compensation fails on demand to pay any amount which he is hable to pay to such solicitor or agent, the judge may, on application made to him on notice to such party in accordance with Rule 40, and on proof of the order having been served on and demand for payment made to such party, order such party to pay such sum; and in default of payment the judge may order execution to issue to levy such amount. (/) Pajrment made by or execution levied on the party liable to pay such compensation shall be a valid discharge to him, as against the party entitled to such compensation, to the amount paid or levied. (g) Where the smn awarded as compensation has been paid into coxirt, the amovint to which the solicitor or agent is entitled shall be paid to him out of such sum. Execution. Fonn 51 58. (1) When a party liable to pay compensation or costs under any award, memorandum, or certificate has made default in payment of the amount awarded, or where payment is to be made by instalments, of any instalment, execution may issue against his goods without leave for the amount in pajonent of which he has made default. (2) Where such sum is not payable into, court, the party applying for execution shall satisfy the clerk, by affidavit or otherwise, as to the amount in pajrment of which default has been made. (3) Where the parties liable to pay compensation or costs imder any award, memorandum, or certificate, are a firm, the provisions of Order XXX, Rule 343, shsiU with the necessary modifications apply to execution under this Rule. Other pro- ceedings for ^ enforcement of award, etc. Rules as to new triali) not to apply When award or order may De set aside or varied Other Proceedings for Enforcement of Award, Memorandum or CertifUat/es. 69. The Rules for the time being in force as to proceedings for the enforce- ment of or the recovery of money due imder judgments or orders of the court otherwise than by execution or committal shall, with the necessary modifications, apply to proceedings for the enforcement of or the recovery of money due under any award, memorandiun, or certificate. Setting aside Award or Order Improperly Obtained. 60. (1) Notwithstanding anything in these Rules contained, any statu- tory provisions and rules relating to new trials in actions in the District Courts from time to time in force shall not apply to arbitrations xmder the Act. (2) Where the judge is satisfied — (a) That any award, or any order as to the application of any amount awarded or agreed upon as compensation, made by the judge has been obtained by fraud or other improper means; or (6) That any person has been included in any award or other as a dependant who is not in fact a dependant as defined by the Act; or (c) That any person who is in fact a dependant as defined by the Act has been omitted from any award or order, the judge may set aside or vary the award or order, and may make such order (including an order as to any sum already paid under the award or order) ais under the circumstances he may think just. (3) An application to set aside or vary an award or order imder this Rule shall be made in court on notice in writing, and the provisions of Rule 40 shall apply to the proceedings on such application. 540 workmen's compensation Cap. 12 1908 (4) An application to set aside or vary an award or order under this Rule shall not be made after the expiration of six months from the date of the award or order, except by leave of the judge; and such leave shall not be granted unless the judge is satisfied that the failure to make the application within such period was occasioned by mistake, absence from the province, or other reasonable cause. . 61. Appeals under paragraph 3 of the second schedule to the Act shall ^w»als. be bad in accordance with the provisions of the Rules of the Supreme Court p„' J" " ' relating thereto. 62. (1) When the Supreme Court ere banc has given judgment on any Deposit of appeal, any party may deposit the order of the said court or an office copy ff^"*, thereof, with the clerk; and the clerk shall file such order or copy, and shall Appeafwith transmit a copy thereof to the judge; and Such order shall have the same derk, and effect as if it had been a decision of the judge. K""^™^ (2) If such order has the effect of an award, decision, or order in the matter in favour of any party, such order shall be served and recorded, and may be proceeded on, in the same manner as if it had been an award, decision or order of the judge. (3) If such order be to the effect that an award be made or a decision given or order made in favour of any party, the judge shall make such award or give such decision or make such order accordingly. (4) If such order directs or involves a re-hearing or further hearing of an arbitration or special case or other matter, the judge shall as soon as conveniently may be appoint a day and hour for such re-hearing or further hearing, and shall instruct the clerk to give notice thereof forthwith to the parties. , (5) Gtenerally the judge shall make such award or give such decision or make such order and give such directions and take or direct to be taken such proceedings in the matter, as may be necessary to give effect to the order of the Supreme Court en banc. Proceedings in one Court as to Subject Matter of Award, Memorandum or Certificate recorded in another Court. 63. Where an award, or a memorandum under paragraph 8 of the second ^^Jj' schedule to the Act, or a certificate under subsection 4 of section 3 of the of memoraE^ Act has been recorded in any court, and any party desires to take any subse- dum, etc., quent proceedings with reference to the subject matter of such award, ^'^^^^^^ °°® memorandum, or certificate io any other court, he shall before taking such Act, eohed. 2, proceedings obtain from the clerk "of the first-mentioned court a certified par. 8 copy of such awafd, memorandum, or certificate, and shaU file the same^I™^*^"^ in the court in which he desires to take proceedings, and the clerk of such proceedinga in last-mentioned court shall record the same as if it had been an award made another court in the court. Transfer of Proceedings. 64. If the judge is satisfied by any party to any matter imder the ActTranrfer pending in his court that such matter can be more conveniently proceeded with in any other court in the province, he may order such matter to be transferred to such other court; and thereupon the clerk shall forthwith transmit by registered post to the clerk of the court to which such matter is transferred aU original documents filed in such matter, and a certified copy of all records made with reference to such matter, and shall transfer to such last-mentioned coiirt any money invested in his name as clerk; and thenceforth such matter shall be proceeded with in the court to which it b transferred in the same manner as if it had originally been conmienced therein. Transfer of Money paid into Court. 66. The provisions of Hie last preceding Rule shall apply to the transfer Transfer of money paid into court from one coiul; to another pursuant to paragraph of money 6 of the first schedule to the Act or otherwise, and to proceedings with respect ^JJ^t""*" to the application of such money. Act, sohed. l, par. 6 541 1908 Cap. 12 workmen's compensation Filing and Service p/ Documents and Notices. 66. (1) 'Wliere any document is to be filed with the clerk under these Rules, that docxunent may be so filed by delivering it at the office of the clerk, or by sending it by post addressed to the clerk at his office. (2) Where any document is tO' be so filed, there shall be filed with the original document as many copies of the document as there are persons to whom copies of the document or any part thereof are to be sent by the clerk, and in addition a copy for the use of the judge. (3) Where any document is under these Rules to be sent to any person by the clerk, that document may be sent by post. (4) Any proceeding, document, or notice which is under these Rules to be served on any party may be served on such party by the opposite party or his solicitor; and where no special provision as to the mode of service Act s. 4, i^ made by these Rides, any such proceeding, document, or notice may be Bub^as. 3', 4 served on such party, or where he acts by a solicitor, on his soUcitor, in manner provided by subsections 3 and 4 of section 4 of the Act with reference to service of notice in respect of an injury. Procedure Generaily. ProyiBions as to 67. The provisions of the Rules of Court as to parties acting by solicitors, parties acting awj 33 to substituted service and notice in lieu of service, shaU apply to Zipt^"' proceedings under the Act. substituted service and 68. Where any matter or thing is not specially provided for under these ofseiTfioe rules, the same procedure shall be followed and the same provisions shall Procedure not ^PPlY; ^ ^^ ^ practicable, as in a similar matter or thing under The THstrid otherwise Courts Act, and the rules applicable thereto. provided for Record of Preceedings. Special Register. Record of 69. Proceedings under the Act before the judge shall be recorded in the prooeediiwa books of the court in the manner in which other proceedings in the court orarbiteataff *""® recorded; and the clerk shall also keep a special register for the pmposes Special register of the Act, in which he shall record— "'^ (1) A memorandum of every application made to the judge for the settlement of any matter by arbitration; (2) A memorandum of every proceeding taken in any arbitration before the judge prior to the award; (3) A memorandum of every appointment of a medical referee by the judge, and of his report, and if a medical referee is summoned or requested to attend any proceeding in the arbitration, of such simunons or request and attendance; (4) A memorandum of every award made by the judge; (5) A memorandimi of every special case submitted to the judge, and of the proceedings and order thereon; (6) A memorandum of every judgment given by "the Supreme Court en banc on any appeal; (7) A memorandum of every application to the court for the examina- tion of an employer pursuant to Rule 32, paragraph 2, and of the order and proceedings thereon; (8) A memorandimi of every application to the judge for the appoint- ment of an arbitrator in case of the death or refusal or inability to act of an arbitrator agreed on by the parties, and of the proceed- ings and order thereon; (9) A copy of every memorandum sent to the register pursuant to paragraph 8 of the second schedule to the Act, and of the report (if any) of the medical referee annexed thereto, with a note stating whether such memorandum was recorded without further proof, or after inquiry, or by rirder of the judge; (10) If such memorandum is recorded after inquiry, a memorandum of the inquvies made and of the result thereof; (11) If such memorandum is recorded by order- of 'the judge, a memor- andum of the application to the judge, and of the order made tbtreon; (12) If in the case of a memorandum of an agreement the clerk refers the matter to the judge, a memorandum of such reference, and of the directions of the judge, and the subsequent proceedings and order thereon; 542 workmen's compensation Cap. 12 1908 (13) A memorandum of the result of every taxation or review of tax- ation of costs under any such memorandum, or under any award or order; (14) A memorandum of every application to rectify the register in respect of any memorandum, and of the proceedings and order thereon; (15) A memorandum of every application or report with reference to the removal of the record of a memorandxmi of an agreement from the register, and of the subsequent proceedings and order thereon; (16) A memorandum of every application to the judge under paragraph 12 of the second schedule to the Act, to determine the amount of costs to be paid to a solicitor or agent, and of the proceedings and order thereon, and of the result of any taxation or review of tax- ation under such order; (17) A copy of every certificate under subsection 4 of section 3 of the Act given by the court or sent to the clerk" from any other court; (18) A memorandum of every proceeding taken in the court for the enforcement of any award, order, memorandum or certificate, and of the result of such proceeding; (19) A memorandum of every apphcation to refer a matter to a medical referee pursuant to paragraph 12 of the first schedule of the Act, and of the order and subsequent proceedings thereon; (20) A memorandum of every application to the court for the suspension of the right to compensation or to take or prosecute any proceed- ings under the Act in relation to compensation, or of the right to weekly payments, and of the proceedings and order thereon; (21) A memorandimi of every sum paid into court pursuant to para- graph' 5 of the first schedule to the Act, or under any award, memorandum, or certificate; (22) A memorandum of every application made to the court with reference to any such sum, and of every order made on such apphca- tion, and of the manner in which such sum is invested, applied, or disposed of; (23) A memorandum of every application for the payment of any weekly payment into court, and of the proceedings and order thereon, and of the directions given as to the pajonent out or application of any such weekly pajnnent; (24) A memorandum of every application for variation of an order of the court as to the appointment, investment, or appUcatipn of any sum paid as compensation, and of the proceedings and order thereon; (25) A memorandum of every application to refer a matter to a medical referee pursuant to paragraph 15 of the first schedule to the Act in the case of a workman intending to cease to reside in the province, and of the order and the proceedings thereon; and of every certifi- cate and declaration of identity and request for payment received from such workman, and of the proceedings thereon; (26) A memorandum of every application to set aside or vary an award or order under Rule 60, and of the proceedings and order thereon; (27) A memorandum of every certified copy given pursuant to Rule 63, or a copy of every certified copy filed pursuant to that rule; (28) A memorandum of every apphcation for transfer and of the order thereon, and the proceedings under such order; (29) A memorandum of the transfer of any money paid into court to any other court; (30) The like memorandum as to every matter transferred, or document or certified copy transmitted or money transferred to the court, as would have been recorded as to such matter, document, or money if it had been originally commenced and prosecuted in or transmitted to or paid into the court; (31) A memorandum of any other matter which the judge shall order to be recorded with reference to any matter brought into or pro- ceeding taken in the court under the Act. Reference to Medical Referee. 70. (1) Where a medical referee is summoned as an assessor, or any References to matter is referred to a medical referee, such referee shaU be summoned or medical the matter shall be referred subject to and in accordance with amy regula- referees 543 1908 Cap. 12 workmen's compensation tions made by the Attorney General; an^ any such regulations shall so far as they affect the District Cfourt, and proceeding in the said court, be deemed to be Rules of Court, and shall have effect accordingly. (2) The clerk shall keep a record in the form prescribed by regulations made by the Attorney Gfeneral of all cases in which medical referees are summoned as assessors or matters are referred to medical referees, and shall forward a copy of the same to the Attorney Geneial at such times as may be prescribed by such regulations. Matters, how distinguished. 71. Every matter brought into the court under the Act shall be intituled in the matter of the Act, and shall be distinguished by a separate number; and aU documents filed and subsequent proceedings taken ia the court with reference to such matter shall be intituled in like maimer, and shall be dis- tinguished by the same number; and the entries made in the special register with respect to each such matter shall be entered together, and shaU be kept separate from the entries with respect to any other matter. Forms. Fonnsin 72. The forms in the ajipendix, where applicable, and where they are appendix or not appUcable forms of the lite character, with such variations as the circum- ^y be^ed stances may require, may be used in proceedings \mder the Act. Record and returns aa to Teferenoea Matters, how distinguislied APPENDIX. FORM 1. Application for Abbitbation by Injuked Wobkman with Respect to THE Compensation t*ATABLB To Him. In the District Court of holden at In the matter of The Workmen's Compensation Act, 1908. No. of Matter In the matter of an Arbitration between A.B. of (address) (description) ■ Applicant. arid CD. & Co., Limited, of (address) (description) Respondent. 1. On the day of personal injury by accident arising out of and in the course of his employment was caused to A.B., a workman employed by CD. & Co., Limited (or, by , a contractor wiih C.D. & Co., Limited, for the execution of work undertaken by them). 2. A question has (or, " questions have) arisen (here state the questions, specifying only those which have arisen, e.g.) — (a) as to whether the said A.B. is a workman to whom the above- mentioned Act applies; or (b) as to the liability of the said CD. Of his solicitor The name and address of the respondent to be served with this application are: Dated tins day of (Signed) (fir. Applicant. ApplicarU's Solicitor.) FORM 2. Application tor Abbitkation by or on Bebalf of Dependants of Deceased Workman with Respect to the Compensation Payable in Respect of the Injury to Such Dependants, Where Death Has Resulted From an Injury to teds Workman, and the Settle- ment OF QtTESTIONS AS TO WHO ARE DEPENDANTS, AND THE APPORTION- MENT AND Application of Such Compensation. In the District Court of holden at In the matter of The Workmen's Compensation Act, 1908. No. of Matter In the matter of an arbitration between: E.F., of (address) (description) Applicant, and CD. & Co., Limited, of (address) (description) and GJI., of (address) (description) Respondents. (or, as the ca^e may be; see Ride 4.) 1. On the day of personal injury by accident arising out of and in the course of his employment was caused to A.B., late of , deceased, a workman employed by CD. & COj, Limited, (or, by , a contractor with CD. & Co., Limited, for the execution of work imdertaken by them), and on the day of . . ., the death of the said A.B. resulted from the injury. 545 1908 Cap. 12 workmen's compensation 2. A question has {or, questions have) arisen Qvere stale the giiestians, specifying only those which have arisen, e.g.) — (a) as to whether the said A.B. was a workman to whom the above- mentioned Act applied; or (6) as to the liability of the said CD. & Co., Limited, to pay compen- sation under the above-mentioned Act to the dependants of the said A.B. in respect of the injury caused to them by the death of the said A.B.; or (c) as to the amount of compensation payable by the said CD. & Co., Ldmited, to the dependants of the said A.B. under the above- mentioned Act in respect of the injury caused to them by the death of the said A.B.; or (d) as to who are dependants of the said A.B., within the meaning of the above-Dientioned Act; or (e) as to the apportionment and application of the compensation payable by the said CD. dk Co., lAmited, to the dependants of the said A.B: in respect of the injury caused to them by the death of the said A.B. {or, as the case may he.) 3. An arbitration under the above-mentioned Act is hereby requested between E.F., the legal personal representative of the said A.B,, action on behalf of the dependants of the said A.B. {or, between E.F., a dependant of the said A.B.) and the said CD. dk Co., lAmited, and G.H., who claims or may be entitled to claim to be a dependant of the said A.B. {or, as the case may he; see Bvle 4.) for the settlement of the said question {or, questions). 4. Particulars are hereto appended {or, annexed). PAETICTJI/ARS. 1. Name, and late address of deceased workman. 2. Name, place of business, and nature of business of respondent from whom compensation is claimed. 3. Nature of employment of deceased at time of accident, and whether employed under respondent or under a contractor with him. (// employed under a contractor who is not a respondent, name and place of husiness of corv- tractor to he stated.) 4. Date and place of accident, nature of work on which deceased was then engaged, and nature of accident, and cause of injury. 5. Nature of injury to deceased, and date of death. 6. Earnings of deceased during the three years next preceding the injury, if he had been so long in the employmfent of the employer by whom he was immediately employed, or if the period of his employment had been less than the said three years, particulars of his average weekly earnings during the period of his actual employment under the said employer. 7. Amount of weekly payments (if any) made to deceased under the Act, and of any lump sum paid in redemption thereof. 8. Name and address of applicant for arbitration. 9. Character in which applicant appUes for arbitration, i.e., whether as legal personal representative of deceased or as a dependant, and if as a dependant, particulars showing how he is so. 10. Particulars as to dependants of deceased by whom or on whose behalf the appUcation is made, giving their names and addresses, and descriptions and occupations (if any), and their relationship to the deceased, and if infants, their respective ages, and stating whether they were whoUy or partially dependant on the earnings of the deceased at the time of his deal^. 11. Particulars as to any persons claiming or who may be entitled to cliaim to be dependants, but as to whose claim a question arises, and who are therefore made respondents, with their names, addresses, and descriptions and occupations (if any). . 12. Particulars of amount claimed as compensation, and of the manner in which the applicant claims to have such amount apportioned and applied. 13. Date of service of statutory notice of accident on respondent from whom, compensation is claimed, and whether given before deceased volun- tarily left the employment in which he was injured. {A copy of the notice to he annexed.) 14. If notice not served, reason for omission to serve same. The names and addresses of the applicant and his solicitor are: Of the Applicant ■546 workmen's compensation Cap. 12 1908 Of his Solicitor Tlie names and addresses of the respondents to be served with this appli- ca^^ are: & Co., lAmited. G.H. Dated this day of. {Signed) . . . {Or, Applicant. Applicant's Solicitor.) FORM 3. Application for Akbitbation as to who are Dependants or as to the Amount Patablb to Each Dependant, Where the Total Amount Payable as Compensation to the Dependants op a Deceased Workman has been Agreed or Ascertained. In the District Court of holden at In the matter of The Workmen's Compensation Act, 1908. ■ No. of Matter In the matter of an Arbitration between: E.F., of {address) ..., {.description) Applicant, and CD. & Co., Limited, of {address) {description) ' and G.H., of {address) '{description) and J.K., of {address) {description) ' and L.M., of {address) {description) Respondents. {or, as the case may be; see Rule 5.) I. On the day of personal injury by accident arising out of and in the course of his employ- ment was caused to A.B., late of .,, deceased, a workman employed by C.D. & Co., Limited, {or, by a contractor with C.D. & Co., Limited, for the execution of work undertaken by them), and on the day of the death of the said A.B. resulted from the injury. '2. The amount of compensation payable by the said C.D. & Co:, Limited, to the dependants of the said A.B., under the above-mentioned Act, in respect of the injury caused to them by the death of the said A.B., has been agreed {or, ascertained), but a question has {or, questions have) arisen, {here state the questions, specifying only those which have arisen, e.g.) — (a) as to who are dependants of the said A.B. within the meaning of the above-mentioned Act; or (6) as to the apportionment and appUcation of the compensation payable to the dependants of the said A.B. {or, as the case may be.) 3. An arbitration under the above-mentioned Act is hereby requested between E.F.,, the legal personal representative of the said A.B., acting on behalf of N.O., P.R., etc., dependants of the. said A.B. {or, between E.F., N.O., P.B., etc., dependants of the said A.B.), and the said C.D. & Co Limited, and G.H., J.K., and L.M., who are or claim or may be entitled to claim to be dependants of the said A.B. {or, as the case may be; see Rule 5.) for the settlement of the said question {or, questions). 4. Particulars are hereto appended {cr, aimexed). particulars. 1. Name and late address of deceased workman. 2. Name and place of business of employer by whom compensation has been paid or is payable. 547 1908 Cap. 12 workmen's compensation 3. Date of accident of deceased, and date of death. 4. Agreed or ascertained amount of compensation to be paid to dependants of deceased. 5. Particulars as to whether the compensation money is still payable by the employer or has been paid by him, and if so, to whom, and in whose hands it now is. 6. Character in which the applicant applies for arbitration, i.e., whether as' legal personal representative of deceased or as a dependant, and if as a dependant, particulars showing how he is so. 7. Particulars as to the dependants or persons claiming to be dependants by whom or on whose behalf the application is made, giving their names and addresses, and descriptions and occupations (if any), and their relation- ship to the deceased, and if infants, their respective ages, and stating whether they were or claim to have been wholly or partially dependant on the earnings of the deceased at the time of his death. 8. The like particulars as to any dependants who are made respondents. (Note. — If there is a legal personal representative, and he is not the applicant he must be made a respondent.) 9. Particulars as to any persons claiming or who may be entitled to claim to be a dependant, but as to whose claim a question arises, and who are therefore made resjpondents, with their names, addresses, descriptions, and occupations (if any). 10. Particulars of the manner in which the applicant claims to have the amount of compensation apportioned and applied. The names and addresses of the applicant and his solicitor are: Of the Applicant Of his Solicitor The names and addresses of the respondents to be served with this applica- tion are: CD. & Co., Limited G.H J.K L.M (or, as the case may he.) Dated this day of (Signed) (Pr. Applicant. Applicant's Solicitor.) FORM 4. Application tor Arbitration with Respect to the Compensation Payable in Respect of Expenses of Medical Attendance and Burial, Where Deceased Workman Leaves no Dependants. In the District Court of holden at In the matter of The Workmen's CompensaMon Act, 1908. No. of Matter In the matter of an Arbitration between: E.F., of (address) , (description) Applicant, and CD. & Co., Limited, of (address) : (description) ; Respondents. 1. On the day of personal injvuy by accident arising out of and in the course of his employ- ment was caused- to A.B., late of , deceased, a workman employed by C.D. & Co., Limited (or, by a contractor with C.I). & Co., Limited, for the execution of work undertaken by them), and on t^e day of the death of the said A.B. resulted from the injury. 2. The said A.B. left no dependants within the meaning of the above- mentioned Act. 3. A question has (or, questions have) arisen (here state the questions, specifying only those which haxe arisen, e.g.) — (a) as to whether the said A.B. was a workman to whom the above- mentioned Act applied; or 548 woekmen's compensation Cap. 12 1908 (6) as to the liability of the said CD. & Co., lAmUed, to pay compen- sation under the above-mentioned Act in respect of the reasonable expenses of the medical attendance on and the burial of the said A.B.; or (c) as to the amount of compensation payable by the said CD. & Co., I/imUed, under the above-mentioned Act in respect of the reasonable expenses of the medical attendance on and the burial of the said A.B.; or (d) as to the apportionment and application of the compensation payable by the said CD. & Co., Ldmited, under the above-mentioned Act in respect of the reasonable expenses of the medical attendance on and the burial of the said A.B. (or, as the case may he.) 4. An arbitration imfler the above-mentioned Act is hereby requested between E.F. and the said CD. & Co., Limited, and G.H. for the settlement of|the said question (or, questions). PAETICtTLASS. 1. Name and address of deceased workman. 2. Name, place of business, and nature of business of respondent from whom compensation is claimed. 3. Nattire of employment of deceased at time of accident, and whether employed imder respondent or imder a contractor with him. (// employed under a contractor wJu) is not a respondent, name and place of bvMness of contractor to be stated.) 4. Date and place of accident, nature of work on which deceased was then engaged, and nature of accident and cause of injury. 5. Nature of injury to deceased, and date of death. 6. Name and address of apphcant for arbitration, i.e., whether as legal personal representative of deceased, or a person to whom expenses in respect of which compensation is payable are due; and if the latter, particulars must be given of the circumstances under which the expenses are claimed to be due to the applicant. 7. Particulars as to any other persons who claim that expenses io reject of which compensation is payable are due to them, and who are therefore made respondents, wilh their names and addresses. 8. Particulars of amount claimed as compensation, and of the manner in which the appUcant desires such amount to be apportioned and applied. 9. Date of service of statutory notice of accident on respondent from whom compensation is claimed, and whether given before deceased voluntarily left the employment in which he was injured. (A copy .of the notice to be annexed.) 10. If notice not served, reason for omission to serve same. The names and addresses of the applicant and his solicitor are: Of the AppUcant Of his SoUcitor The names and addresses of the respondents to be served with this appli- cation are: CD. & Co., Limited Q.H Dated this day of -. (Signed) (Or. Applicant, Applicant's Solicitor). FORM 5. Application fob Abbiteation with Respect to the Review, Termination, Diminution, Increase, or Redemption op a Weekly Payment. In the District Court of holden at In the matter of The Workmen's Compensation Act, 1908. No. of Matter In the matter of an Arbitration between: CD. & Co., Limited, of (address) (description) Applicants, 549 1908 Cap. 12 workmen's compensation and A.B., of {address) (description) '. . {or as the case may he; see Act, Schedule I, paragraphs 13 and 14.) An arbitration under The Workmen's Compensation Act, 1908, is hereby requested between CD. & Co., Limited, and A.B. (or as the case may he; See Ad, Schedule I, ■paragraphs 13 and 14 with respect to the review and termination {or, diminution, increase, or redemption, as the case may he) of the weekly payment payable to the said A.B. under the said Act in respect of personal injury caused to him by accident arising out of and in the course of his employment. Particulars are hereto appended {or, annexed). PABTICtTLABS. 1. Name and address of injured workman. 2. Name and place of business of employer by whom compensation is payable. 3. Date and nature of accident. 4. Date of agreement, decision, award, or certificate fixing weekly pay- ment, amoimt of such payment, and date from which it commenced. 5. Relief sought by applicants, whether termination, diminution, increase, or redemption. 6. Grounds on which termination, diminution, or increase is claimed. The names and addresses of the applicants and their solicitors are: Of the AppUcants ' Of their Solicitor The names and address of the respondents to be served with this appli- cation are: Dated this day of {Signed) , ApplicarUs. {Or Applicants' Solicitors.) FORM 6. Application pob Arbitration Wheke Rights op Emplotbr Against Instjhers are Thanspbbeed to Workman under Section 7. In the District Court of holden at In the matter of The Workmen's Compensation Act, 1908. No. of Matter In the matter of an arbitration between: A.B., of {address) {description) Applicant, and {name and address of Insurers) Respondents. 1. On the day of personal injury by accident arising out of and in the course of his employ- ment was caused to A.B., a workman employed by of {name and address of employer), (or, by : of , a contractor with {name and address of employer) for the execution of work undertaken by him), and the said A.B. claims that the said (ernphyer) thereupon became liable to pay compensation under The Workmen's Compensaiion Act, 1908, to the said A.B. in respect of such injury. Or, where weekly payment has been settled, 1. Under an agreement {or a decision or an award or a certificate) recorded in this court on the day of a weekly payment of is payable by of {name and address of employer) to the above-mentioned A.B. as compen- sation for personal injury caused to the said A.B. by accident arising out of and in the course of his 'employment as a workman employed by the said {employer) {or, by of , a contractor with the said {employer) for the execution of work undertaken by him). 2. The respondents are insurers of the said {employer) in respect of his {or, their) liability to pay such compensation. 550 workmen's compensation Cap. 12 1908 3. The said (employer) has made an afisignment for the benefit of his creditors (or, if the employer is .a company, the said has commenced to be woxmd up) and the rights of the said (employer) against the respondents as such insurers in respect of his (or, their) liability to the said A.B. have by virtue of section 7 of the said Act been transferred to and vested in the said A.B. 4. A question has (or, questions have) arisen, (here state the questions, specifying only those which have arisenj e.g.) — (a) as 1o whether the said A.B. is a workman to whom the above- mentioned Act appHes; or (b) as to the liability of the said (employer) to pay compensation under the above-mentioned Act in respect of the said injmy; or (c) as to 1 he liability of the respondents as such insurers as aforesaid '' to the said A.B.; or (d) as to the amount (or, duration) of the liability of the respondents as such insurers as aforesaid to the said A.B. (or, as the case may he.) 5. An arbitration under the above-mentioned Act is hereby requested between the said A.B. and the respondents for the settlement of the said question (or, questions). 6. Particulars are hereto appended^ (or, annexed). PAHTICULAES. (Here insert particulars containing a concise statement of the circumstances under which the application is, made, and of all matters necessary to be stated in order to bring the questions to be settled properly before the judge, and of the relief or order which the applicant claims, adapting the particulars given in the preceding forms to the circumstances of the case.) The names and addresses of the appUcant and his solicitor are: Of the Applicant ^ , Of his Solicitor The names and addresses of the respondents to be served with this appli- cation are: Dated this day of (Signed) Applicant. (Or Applicant's Solicitor.) (Note. — ^This form to be adapted as required to an application for arbitra- tion as between the dependants of a deceased workman and insurers.) FORM 7. Notice to Applicant of Day upon which Arbitration will be Pbocbedep with. In the District Court of holden at In the matter of The Workmen's Compensation Act, 1908. No. of Matter ti the matter of an Arbitration between: Take notice that the judge of this court will proceed with the arbitration in this matter at on the day of , at the hour of o'clock in the noon. Dated this day of Clerk. 551 1908 Cap. 12 workmen's compensation FORM 8. Notices to Respondent of Day upon which Abbitbation 'will be Pboceeded with. (Heading as in Bequest for Arbitration.) Take notice that the judge of this court will proceed with the arbitration applied for in the request and particulars, a sealed copy of which is served herewith, at on I the day of at the hour of o'clock in the .noon; and that if you do not attend either in person or by your solicitor at the time and place above mentioned such order will be m'ade and proceedings taken as the judge may think just and • expedient. And further take notice that if you wish to disclaim any interest in the subject matter of the arbitration, or considei that the applicant's particulars are in any respect inaccurate or incomplete, or desire to bring any fact or document to ihe notice of the judge, or intend to rely on any fact, or to deny (wholly or partially) your liability to pay compensation under the Act, you must file with me an answer, stating your namjp and address and the name and address of your solicitor (if any) and statiiig that you disclaim any interest i^ the subject matter of the arbitration, or stating in what respect the applicant's particulars are> inaccurate or inlcomplet& or stating concisely any fact or document which you desire to biing to the notice of the judge, or on which you intend to rely, or the groimds on and esrtent to which' you deny liability to pay compensation. _ , ' Such answer, together with a copy thereof for the judg§. and a copy for the applicant and for each of the oiher respondents, must be filed with me ten clear days at least before the day of If no answer is filed, £tttd svdjject to such answer, if any, the applicant's particulars and your liability to pay compensation will be taken to be admitted. Dated this '. day of To Clerk. of FORM 9. Answer bt Respondents. (Not to be Printed, but to be Used as a Precedent.) (Heading as in Request for Arbitration.) Take notice that the respondent G.H. disclaims any interest in the subject matter bf the above arbitration. Or, That the respondents, C.D. & Co., Limited, state that the applicant's particulars filed in this matter are inaccurate or incomplete in the particulars hereto annexed. That the respondents, CD. & Co., Ldmited, desire to bring to the notice of the judge the facts stated in the particulars hereto annexed. Or, That the respondents, C.D. & Co., Limited, intend at the hearing of the arbitration to give evidence and rely on the facts stated in the particulars hereto annexed. Or, That the respondents, C.D. & Co., Limited, deny their liability to pay compensation under the Act in respect of the injury to A.B. mentioned in the appUcant's particulars, on the grounds stated in ,the particulars hereto annexed. PAKTICULAKS. 1. Particulars in which the particulars filed by the Applicant are inaccurate or incomplete. 562 workmen's compensation Cap. 12 1908 2. Facts which the Respondents desire to bring to the notice of the judge. That the applicant, A.B. refuses to submit himself to medical examination as required' W {or, obstructs the medical examination reqtiired by) the ■ respondents, C.D. & Co., Limited, in accordance with paragraph 4 of the first schedule to the Act (or, refuses to submit himself for examination by a medical referee as ordered), (or, obstructs the examination by a medical referee ordered), in accordance with paragraph 12 of the first schedule to the Act. (or, as the case may he.) 3. Facts which the Respondents, C.D. & Co., Limited, intend to give in evidence and rely on at the hearing of the arhitralion. That notice of the alleged accident (or, of death, disablement, or, suspen- sion) was not given to the respondents as required by the Act; or That the claim for compensation was not made on the respondents within the time limited by the Act; or That a scheme of compensation (benefit or insurance) for the workmen of the respondents, C.D. & Co., Limited, has been duly certified by the Attorney General, and such certificate was in force at the date of the alleged accident, and the said C.D. & Co., Limited, contracted with the appUcant, A.B., (or, with the deceased workman), by a contract which was in force at the date of the alleged accident, that the provisions of the said scheme should be substituted for the provisions of the Act, and the said C.D. & Co., Limited, are consequently liable only in accordance with the said scheme. (or, as the case may be.) 4. Grounds on which the respondents deny their liability to pay com- pensation — (o) That the applicant, A.B., is (or, the deceased workman was) not a workman to whom the Act applies; or (6) That the injury to the applicant (or, to the deceased workman) was not caused by accident arising out of and in the course of his employment; or (c) That the injury to the applicant (or, to the deceased workman) was attributable to the serious and wilful misconduct of the applicant (or, to the deceased workman), and did not result in death or per- manent disablement; or (d) That at the time of the alleged accident the applicant (or, the deceased workman) was not immediately employed by the respondents, but was employed by of , a contractor with the respondents for the execution by or imder such contractor of work undertaken by the respondents, and the accident occurred elsewhere than on, in, or about premises on which the resppndents had xmdertaken to execute the work or which were otherwise under the control or management of the respondents; or (e) That the injury to the appUoant (or, to the deceased workman) was caused under circiunstances creating a legal liability in a person other than the respondents, to wit, (name and address of siu:h persons) to pay damages in respect thereof, and the applicant (or, the deceased workman) has taken proceedings against that person and has recovered damages from him. And further take notice, that the names and addresses of the said respon- dents and their solicitors are: Of the Respondents, C.D. & Co., Limited Of their Solicitors ; Dated this day of (Signed) , Solicitors for Respondents, C.D. & Co., Limited. To the Clerk of the Court, and To the Applicant, A.B., and To the Respondents (if any, naming them,). 553 1908 Cap. 12 workmen's compensation FORM 10. NonoE BT Respondent Admitting Liabilitt, and Submitting to an AwABD FOB Payment of a Weekly Sum, . or Paying Money intot COUBT. (Not to be Printed, but to be Used as a Precedent.) (Heading as in Request for Arbitration). Take notice that the respondents, CD. dk Co., Limited, admit their liability to pay compensation in the above-mentioned matter. And they hereby submit to an award for payment by them to the applicant, A.B., of the weeldy smn of such weekly payment to commence as from the day of and to continue during the total or partial iucapacity of the said A.B. for work, or until the same shall be ended, diminished, increased, or redeemed in accordance with the provisions of the above-mentioned Act. And for payment to them by the applicant forthwith after the award of the amoimt of such weekly payments calculated from the day of until the first Satiu-day (or, other usual pay day) after the date of the award, and for the payment thereafter of the said sum of to the applicant on Saturday (,or, other usual pay day) in every week. (Or, And the said CD. n certain or other periodical publication in which from time to time official Sorafsv^^ified advertisements are inserted which appear in other newspapers or publications in the Province of Alberta, or which is subscribed for by the Government of Alberta or any department thereof, or by any of the public institutions of the province, although such advertisements or subscriptions are paid for at the usual rates out of the public moneys of the Province of Alberta. 13. A person shall not be incapable of being elected a member Eiceptipnsaa of the Legislative Assembly by reason of his being a surety ior^^^^^ a sheriff, registrar, clerk, bailiff, or other public officer, or by reason of his being a surety or contractor for the payment of the maintenance of a patient at a public asylum for the insane unless he is otherwise disqualified. (2) Any person who is elected a member of the Legislative Assembly, being at the time of his election a surety as aforesaid, shall, before he sits or votes in the Legislative Assembly, take and complete such action as may be requisite to relieve him from any thereafter accruing liability in respect of his suretyship, and no person who is liable as such surety in respect of any accruing matter shall sit or vote in the Legislative Assembly. 13. The provisions of the preceding section shall not be regarded Preceding as a legislative declaration that the person in the said section deoiM-ation of described, or any of them, come within the disqualification of '^"'i^''®"**^™ the said section. 14. No disqualification, under sections 9 or 10 of this Act, d^'"^*™*'™ on any ground arising before the election shall be held by any not°to apply™ court to affect or to have hitherto affected the seat of a member ^5*^0^^"^ of the Legislative Assembly, or to disentitle or to have disentitled any person to sit or vote therein, until such disqualification has been duly declared and found by an election court; but this is not to be construed as affecting the cases provided for Exceptions as by section 12 ; nor as affecting the right of the Legislative Assembly ° °"°° to expel a member according to the practice of Parliament or otherwise. 15. If any person hereby disqualified or declared ineligible Election or incapable of being elected a member of the Legislative Assembly ^^^^ed is nevertheless elected and returned as a member his election *<> be void and return shall be null and void. 605 1909 Cap. 2 LEGISLATIVE ASSEMBLY If member disqualified by accepting office or contract, seat to be vacated May be re-elected Certain officers may resign one office and accept another without vacating seat Acceptance of additional office not to vacate seat 16. If any member of the Legislative Assembly becomes a member of the Executive Council, or if by accepting any other office or becoming a party to any contract or a^ement as in section 10 mentioned, he becomes disqualified by law to continue to sit or vote in the Legislative Assembly, his electiqn shall thereby become void, and his seat shall be vacated, and a writ shall, in the manner provided by sections 26 and 27 of this Act, issue for a new election as if he were naturally dead; but he may be re-elected if he is not declared ineligible under this Act. (2) Nevertheless, whenever any person holding the office of President or Chairman of the Council, Attorney General, Provincial Secretary, Provincial Treasurer, Minister of Agriculture, Minister of Public Works, Minister of Education, or the Minister or head of any public Department that may hereafter be organized by Statute of this province, and being at the same time a member of the Legislative Assembly, resigns his office, and within one month after his resignation accepts any other -of the said offices, he shall not thereby vacate his seat in the Legislative Assembly, unless the administration of which he was a member has resigned, and a new administration occupies the said offices; and in case a member of the Executive Council holding any one of the said offices is appointed to hold another office in addition to or in connection with such first mentioned office he shall not thereby vacate his seat in the Legislative Assembly; and any increase or change of emolument arising from the holding of such two offices shall not cause any vacancy or render a re-election necessary. No disqualified person shall sit or vote Penalty How recoverable Proceedings after recovery of judgment While action pending no second action Staying proceedings m other actions 17. No person disqualified by this Act or by any other law to be elected a member of the Legislative Assembly shall sit or vote in the same while he remains under such disqualification; and if any person by this Act made ineligible as a member of or declared incapable of sitting or voting in the Legislative Assfembly sits or votes therein while he is so ineligible or incapable he shall thereby forfeit the sum of $200 for every day on which he so sits or votes; and such sum may be recovered from him by any person who may sue for the same by action in any court of competent civil jurisdiction in Alberta. (2) In case an action is brought and judgment therein is recovered against the defendant no proceedings shall be had in any other action against the same person for any such offence committed before the time or notice to him of the recovery of the judgment. (3) While such action is pending no other such action shall be brought against the same defendant. (4) The court wherein any other action is brought, contrary to the intent and meaning of this Act, shall and inay, upon the defendaiit's motion, stay the proceedmgs therein, if the first mentioned^ action be prosecuted without fraud and with effect; but no action shall be deemed an action within this section unless so prosecuted. DISCLAIMER. Disclaimer by member-elect 18. A member elected to the Legislative Assembly may disclaim his seat in the manner hereinafter provided, and the 606 LEGISLATIVE ASSEMBLY Cap. 2 1909 member so disclaiming shall be held to have thereby vacated the seat and to have ceased to be a member of the said Assembly in respect of the seat so disclaimed. 19. At any time after an election the member-elect who desires Mode of to disclaim may transmit (postpaid and registered) through ''"^""^ the post office, directed to "The Clerk of the Legislative Assembly, Edmonton," or may cause to be delivered to such clerk a disclaimer signed by such member to the effect following: "I, A.B., member-elect to the Legislative Assembly of the Form of Province of Alberta for the electoral division of wciaimer do hereby disclaim all my right or title to sit' or vote as such member or in any maimer to act as such member." 20. Such disclaimer shall not affect .the right of any person BSeot of entitled to contest the election and claiming the seat for himself ^^^^^^^'^ or some other person, and shall not affect the liability of the UabUitiea person disclaiming in respect of corrupt practices. In case of a petition claiming the seat for some other person the judge or judges trying the election shall determine whether any candidate Other than the member who has disclaimed was duly elected; and a candidate declared by the judge or judges duly elected shall be entitled to take his seat. 31. The clerk of the House shall at the earliest practicable Notice of moment after he receives the disclaimer transmit or deliver'^"'*'"" a copy thereof to the clerk of the Supreme Court for the judicial district in which the electoral district or the largest part thereof for which the person so disclaiming has been elected is situated, who shall give notice of such disclaimer to any person who has filed, or who may thereafter present to be filed a petition against the member so disclaiming. 22. Notwithstanding anything in this Act contained a judge PermittinE of the Supreme Court may, notwithstanding such disclaimer, gfed'°gere''* upon the application of any voter in the electoral district within oo^^ptf™ ten days after the clerk of the court as in the last preceding section mentioned shall have received notice of such disclaimer, upon its being made to appear that corruption has extensively prevailed at the election, permit a petition to be filed in the same manner and as though no such disclaimer had been made, or may, upon the grounds aforesaid, permit proceedings upon any petition which has been filed to proceed upon such terms as he may think fit. 33. If no petition is filed within the time limited for thatiasuing purpose by The Controverted Elections Act, or if the petition iSn^LTwon dismissed, the Lieutenant Governor in Council shall direct thefij^daf*™ issue of a new writ for the election of a member in the place of ^^ °^™" the member disclaiming; and the writ shall issue accordingly. VACATING OF SEATS. 34. Any member of the Legislative Assembly may vacate a member his seat therein in the manner herein provided: ^lt ™™** 1. He may openly in his place in the Legislative Assembly By op?niy. declare his wish to vacate his seat as a member and in such caseintentiOTiS^ 607 Legislative Assembly 1909 Cap. 2 LEGISLATIVE ASSEMBLY 'the clerk of the Legislative Assembly shall record the same in the journals and the seat of such member shall be forthwith vacated; or 2. He may deliver to the Speaker a statement in writing under Speaker written his hand, attested by two witnesses, declaring his resignation resignation ^j ^^^j^ g^^^. ^^^^ ^^^ receipt whereof by the Speaker (whether during the session of the Asfeembly or not) the seat of such member shall become vacant. Or by delivering to Or by delivering a written resignation to two members of Legislative Assembly 35. If any member of the Legislative Assembly wishes to resign his seat whether during or before any session or in the interval between two sessions of the Assembly and there be then no Speaker or such member be the Speaker, he may address and cause to be delivered to any two members of the Legislative Assembly a statement in writing under his hand attested by two witnesses declaring his resignation of siich seat which statement may be in form C in schedule 2 to this Act and upon the receipt thereof by such two members the seat shall become vacant. receiving resignation Duty of 36. The speaker or such two members as the case m.ay be members°on™ upon receiving such declaration or resignation shall forthwith address his or their warrant under his or their hand and seal or hands and seals as in form D in schedule 2 to this Act to the clerk of the Executive Council for the issue of a new writ for the election of a member in the place of the member so notifying his intention to resign and such writ shall issue accordingly. In ease of 'vacancy by death, etc., any two • members may give notice of vacancy Proviso 37. Upon any vacancy in the representation of any electoral district created by death or in any way other than by resignation any two members of the Legislative Assembly may give notice of the vacancy to the clerk of the Executive Council and require .the issue of a writ to fill the same: Provided that in case such vacancy shall occur subsequently to a general election and before the first meeting of the Legislative Assembly thereafter such notice and requisition to the clerk of the Executive Council may be given by two members-elect of the said Legislative Assembly of whose election the said clerk as such shall have had due notice; and such notice and every such notice and requisition given under this section shall be submitted forthwith after its receipt by the said clerk to the Lieutenant Governor in Council; and upon' its return by him to the said clerk endorsed as approved the necessary proceeding shall be taken in pursuance thereof as in the case of a warrant under the next preceding section. Membernot 38. No member-elect of the Legislative Assembly shall be reriS*^tii° permitted, to resign under the provisions of this Act until he S^rted'*^"'*"'' has been finally declared elected. S^mlmblr" ^^* "^^^ resignation of a member shall in no way affect the not to affect conduct or result of any proceedings pending or which may mtrrespeotto thereafter be taken under the provisions of any law in force in SertiSM'*^*^ the province respecting controverted elections. 608 LEGISLATiVE ASSEMBLY C£|.p. 2 1909 SPEAKEH AND DEPUTY SPEAKER. 30. The Legislative Assembly on its first assembling after a Election- ' -i general election shall proceed with all practicable speed to elect" '^^ " - one of its members to be Speaker. " (2) In case of a vacancy happening in the ofiice of Speaker by death, resignation or otherwise the Legislative Assembly shall proceed with all practicable speed to elect another of its members to be Speaker. (3) The Speaker shall preside at all meetings of the Legislative speaker Assembly. ^""'^"^ 31. The Legislative Assembly may elect a deputy and when- Deputy ever the Speaker from illness or other cause finds it necessary®"^"''''' to leave the chair during any part of the sittings of the House in any day he may call upon the deputy Speaker or in his absence upon any member of the House to take the chair and act as Speaker during the remainder of such day unless the Speaker himself resumes the chair before the close of such sitting of that day; and the deputy Speaker or the member so called upon shall take the chair and act as Speaker accordingly and every Act passed and every order made and thing done by the Legislative Assembly while such deputy Speaker or member is acting as Speaker as aforesaid shall be as valid and effectual to all intents and purposes as if the Speaker himself were presiding in the chair. 33. Whenever the House is informed by the clerk at the table when Speaker of the unvoidable absence of the Speaker the deputy Speaker |^^*r(f"*'^ if present shall take the chair and shall perform the duties and present) to exercise the authority of the Speaker in relation to all proceedings lutie™ of the House until the meeting of the House on the next sitting day and so on from day to day on the like information being given to the Assembly until the Assembly otherwise orders. 33. Whenever the House is informed by the clerk at the table when speaker of the unavoidable absence of both the Speaker and the deputy speakra'both Speaker it shall be lawful for the said Assembly to elect a member absent asb?™- to take the chair and act as Speaker for that day. ac&ng Speaker 34. Every Act passed and every order made and thing done in such a case by the said Assembljy while such member is acting or presiding ^j^*^PfJfg®^ as Speaker as aforesaid shall be as valid and effectual to all intents ™iid as a and purposes as if the Speaker himself were presiding in the Su in^oi^" chair. 35. Questions arising in the Legislative Assembly shall be Decision decided by a majority of votes other than those of the Speaker °' "J"^^"™ or acting Speaker; and when the votes are equal but not otherwise the Speaker or acting Speaker shall have a vote. 36. An allowance of $2,500 shall be paid to the Speaker forAUowance each session of the Legislature, and to the deputy Speaker such *° f^^^*'^'^ allowance as may be voted by the Legislative Assembly. 1913 ^^ ^^" ^ (2nd Session), c. 2, s. 28. ' 609 1909 Cap. 2 LEGISLATIVE ASSEMBLY POWERS AND PBIVILEGES OF THE LEGISLATIVE ASSEMBLY. LegislatiTe Aseembljr may compel attendance of persons, etc. 37. The Legislative Assembly may at all times coimnand and compel the attendance before the Assembly or before amy committee thereof of such persons and the production of such papers and things as the Assembly or committee may deem necessary in any of its proceecMngs or deliberations. MsSe'^waKS ^^* Whenever the Legislative Assembly requires the attendance for attendance of any person before the said Assembly or before a committee thereof the Speaker may issue a warrant or subpoena directed to the person named in the order of the Legislative Assembly requiring the attendance of such person before the Legislative Assembly or a committee thereof and the production of such papers and things as may be ordered. Witnesses may be examined under oath before com- mittee 39. Any standing or select committee of the Legislative Assembly may require the facts, matters and things relating to the subject of inquiry to be verified or otherwise ascertained by the oral examination of witnesses or otherwise, and may examine such witnesses upon oath, and for that purpose the chairman or any other member of such committee may administer to any witness an oath of aflBrmation in form A Or form B in schedule 2 to this Act. No liability in damages for any act done under autliorit^ of Legislative Assembly 40. No person shall be liable in damages or otherwise, for any act done under the authority of the Legislative Assembly and within its legal power or under or by vktue of any warrant or subpoena issued under such authority; all such warrants may command the aid and assistance of all sheriffs, constables and others and every refusal or failure to give such aid or assistance when required shall be an infringement of this Act. Member not liable to civil action 41. No member of the Legislative Assembly shall be liable to any civil action or prosecution, arrest, imprisonment or damages or prosecution ^jy rgasou of any matter or thing brought by him by petition, bill, resolution, motion or otherwise or by reason of anything said by him before the said Assembly. Except for breach of this Act member not liable to arrest in civil . action during session 43. Except for any breach of this Act no member of the said Assembly shall be liable to arrest, detention or molestation for any debt or cause whatever of a civil nature within the legislative authority of the province during a session of the Legislature or during twenty days preceding or twenty days following the session. ml^ers°and ^^' ^^'^^'^S ^^^ periods mentioned in the preceding section all officers from members, officers and employees of the Assembly, and all witnesses serving at juror summoned to attend before the same or a committee thereof, shall be exempt from serving or attendkig as jurors before any court of justice in this province. A^Sml^ to . **• '^^® ®^i"^ Assembly shall be a court and shall have all the have rights rights and privileges of a court for the purpose of summarily rfl ?SI?t°^™ inquiring into and punishing the acts, matters and things following : 610 LEGISLATIVE ASSEMBLY Cap. 2 1909 (a) Assaults, insults and libels upon tiie membOTS of ^^^^^^°^ i/egislative Assembly while in sesson; "*" "° (6) Obstructing, threatening or attanptrng to force orintimdating intimidate members of the said Assembly; ™™ ™ (c) The offering to or acceptance of a bribe by a member offer or of the said Assembly to influence him in his proceedings o? hnbe""* as such or the offering to or acceptance of any fee, compensation or reward by aay member for or in respect of the promotion of any bill, resolution, matter or thing submitted to or intended to be submitted to the said Assembly or any committee thereof; (d) Assaults upon or interferraice with officers of the said^^^^^^ Assembly while in the execution of their duties; (e) Tampering with any witness in regard to evidence to Tampering be given by him before the said Assembly or any™* '"fesaes conmiittee thereof; (/) Presenting to the said Assembly or any committee fo^e™*'"* thereof any forged or falsified document with intent g^^^^^^^ to deceive such Assembly or committee; Assembly (fit) Forging, falsifying or wrongfully altering any Teeordf^^^^^^ of such Assembly or of any committee thereof or any documents document or petition presented or filed or intended '''■'^^™''''' to be presented or filed before said Assembly or committee or the setting or subscribing by any person of the names of any other person in any such document or petition with intent to deceive; (h) The bringing of any civil action or prosecution against Bniiging or the causing or effecting of any arrest or imprisonment eaJSSg°Irrest of any member of the said Assembly for or by reason °^™™^«5^2e of any matter or thing brought by him by petition, in Assembly bill, resolution, motion or otherwise entered by him before said Assembly; (i) The causing or the effecting of the arrest, detention, Arrester molestation of any member of the Assembly for anymembCTta"* debt or cause whatever of a civil nature during any o™' <=»"=« session of the Legislative Assembly; and for the purposes of this Act the said Assembly is hereby Legislative declared to possess all such power and jurisdiction as may be -Assembly to necessary or expedient for inquiring into, judging and pronouncing exercise*^ upon the commission or doing of any such acts, matters or things powlra^d and awarding and carrying into execution the punishment thereof '"™<^'=f™ as provided for by this Act. 45. Every person who upon such inquiry appears to have Legislative committed or done any of the acts, matters or things in the •*«=«™''iy last preceding section mentioned in addition to any other penalty i^/rSr^ent to which he may by law be subject shall be liable to imprisomnent"''™''"'™^ for such time during the session of the Legislative Assembly then being held as may be determined by the Legislative Assembly. 46. The determination of the Legislative Assembly upon any Determination proceedings under this Act shall be &ial and conclusive. ^s^^hftT* be final Ebnd 47. Whenever the Legislative Assembly declares that anyi^ooe'^^on person has been guilty of a contempt for any of the acts, matters °?°*'^^];^°^'g" and things in section 49 set forth, and directs such person to be and arrest ' therefor 611 1909 Cap. 2 LEGISLATIVE ASSEMBLY taken into custody or to be imprisoned, the Speaker shall issue his warrant to the sergeant-at-arms attending the House, or to the keeper or governor of the common gaol in the City of Edmonton, or to the officer commanding the Royal North-West Mounted Police for the district in which the said City of Edmonton is situated, to take such person into custody and to keep and detain him in custody in accordance with the order of the said Legislative Assembly in that behalf. In action for publication of report, etc. of Legislative Assembly defendant protected 48. In case of any civil proceedings or prosecution against any person for or on account of or in respect of the publication of any copy of any report, papers, votes or proceedmgs of the said Assembly, the defendant at any stage of the proceedings may lay before the court or judge such report, papers, votes or proceedings and such copy with an affidavit verifying such report, papers, votes or proceediags and the correctness of such copy, and the court or judge shall immediately stay such civil proceedings and the same and every writ or process issued thereon shall be finally put an end to, determined and superseded by virtue of this Act. mid?a°tio2' ^^- I* shall be lawful in any civil proceedings against any person for printing an extract from or abstract of any such report, papers, votes or proceedings to give in evidence under the general issue or denial such report, paper, votes or proceedings and to show that such extract or abstract was published bona fide and without malice and if such shall be the opinion of the court or sitting jury as the case may be judgment shall be rendered or a verdict shall be entered for the defendant. rf^^S?"' ^®' ■"■'^ ^^y ®^^^ proceedings any copy of the joiu-nals of the make evidence Legislative Assembly printed or purporting to be printed by the order of the same shall be admitted as evidence of such journals by all courts, justices and others without any proof being given that such copies were so printed. Quorum of Legislative Assembly CUOBUM AND MANNER OF VOTING. 51. The presence of at least twenty members of the Legislative Assembly shall be necessary to constitute a meeting of the Legislative Assembly for the exercise of its powers; and for that purpose the Speaker shall be reckoned. MONEY VOTES. Appropriation of any part dE consolidated revenue fund to be first recommended by Lieutenant Governor 53. The Legislative Assembly shall not originate or pass any vote, resolution, address or bill for the appropriation of any part of the general revenue fund, or of any other tax or impost, to any purpose which has not been first recommended by a message of the Lieutenant Governor to the Legislative Assembly during the session in which the vote, resolution, address or bill is proposed. INDEMNITY TO MEMBERS. Members' indemnity 53. In each session of the Legislative Assembly there shall be allowed and payable to each member attending such session an allowance of |l,500 and no more: 1911-12, c. 4, s. 32. 612 LEGISLATIVE ASSEMBLY Cap.' 2 1909 Provided always that a deduction at the rate of $10 per dayDeductiona shall be made from the said sessional allowance for every saysMSonai over and above five days on which a sitting of the Assembly'""*^™""*'' is held, and on which the member does not attend such sitting or a meeting of some committee thereof: Provided further that unless illness certified to by a qualified ^/jfA^esB medical practitioner be the cause of absence and except in the cases provided for in section 55 hereof the sessional allowance of a member who does not attend sittings of the Assembly or meetings of some committee thereof on at least one-half of the total number of sittings days in any session shall be $10 for each day of attendance and no more. 1913 (1st Session), c. 9, s. 20. (2) Notwithstanding any provision of this Act, every member on active service with His Majesty's military or naval forces in Canada or abroad, during the third session of the third Legis- lative Assembly, shall be paid the sum of fifteen himdred dollars by the Provincial Treasurer, together with the traveling expenses allowed by this Act, and a compliance with the provisions of subsections (a) and (b) of section 57 shall not be necessary. 1915, c. 2, s. 20. 54. Th* said compensation may be paid from time to time How p^d, as the member becomes entitled to it to the extent of $10 for each day's attendance as aforesaid, but the remainder shall be retained by the Provincial Treasurer until the close of the session when the final payment shall be made. 55. If any member be elected and take his seat in the Assembly Member for after the commencement of the session or if during the session bSoiT^ ° any member cease to be a member, he shall be entitled to the regular sessional allowance subject to a deduction of $10 per day for each day of the session before taking his seat or after he ceased to be a member or both as the case may be. 56. There shall be allowed to each member five cents for Travelling each mile of the distance between the nearest railway station ^^^"^^^ to the place of residence of such member and the place at which the session is held, reckoning such distance going and coining, according to the shortest railway route together with his actual travelling expenses between his place of residence and such railway station when such distance is grea;ter than five miles. 57. The sum due to every member at the close of a session Declaration of shall be calculated and paid to him on his making and signing (OTindei^V before the clerk of the Legislative Assembly or a justice of the*°'*''^^°=™ peace a solemn declaration to be kept by the Provincial Treasurer showing — (a) The number of days on which he has attended the session. (6) The number of days (if any) for which a deduction from the amount of his sessional allowance has to be made under any preceding section of this Act; and (c) The amount of his actual travelling expenses as determined and certified by the Speaker. 613 1909 Cap. 2 LEGISLATIVE ASSEMBLY SCHEDULE I. (1913, 1st Session, c. 2.) Athabasca. — Conmieiicing at the eastern boundary of the Province of Alberta where it is intersected by the northern boundary of the said province; thence west along the northern boundary of the said Province of Alberta to the meridian fine between ranges 13 and 14, west of the 5th meridian; thence south along the said meridian line between ranges 13 and 14, west of the 5th meridian to the north boundary of the 92nd townships; thence east along the said north boundary of the 92nd townships to the meridian hne between ranges 24 and 25, west of the 4th meridian; thence south along the said meridian line between ranges 24 and 25, west of the 4th meridian to the north boundary of the 65th townships; thence east along the said north boundary of 65th townships to the meridian line between ranges 17 and 18, west of the 4th meridian; thence north along said meridian line between ranges 17 and 18. west of the 4th meridian to the north boundary of the 70th townships; thence east along the said north boundary of the 70th townships to the eastern boundary of the Province of Alberta: thence north along said eastern boundary of the Province of Alberta to the point of commencement. Grouakd. — Commencing at the meridian line between ranges 24 and 25 west of the 4th meridian where it is intersected by the north boundary of the 92nd townships; thence west along the said north boimdary of the 92nd townships to the meridian line between ranges 13 and 14, west of the 5th meridian; thence south along the said meridian line between ranges 13 and 14, west of the 5th meridian to the north boundary of the 80th townships; thence west along the said north boimdary of the 80th townships to the meridian line between ranges 21 and 22, west of the 5th meridian; thence south along the said meridian line between ranges 21 and 22, west of the 5th meridian to the north boundary of the 70th townships; thence east along the said north boundary of the 70th townships to the meiidian line between ranges 24 and 25, west of the 4th meridian; thence north along the said meridian line between ranges 24 and 25, west of the 4th meridian to the point of commencement. Peace RrvEB. — Commencing at the meridian line between the 21st and 22nd ranges, west of the 5th meridian, where it is intersected by the north boundary of the 70th townships; thence northerly along the said meridian line between ranges 21 and 22, west of the 5th meridian to the north boimdary of the 80th townships; thence east along the said north boundary of the 80th townships to the meridian line between ranges 13 and 14, west of the 5th meridian; thence north along the said meridian line between ranges 13 and \4, west of the 5th meridian to the north boundary of the Province of Alberta; thence west along the said north boundary of the Province of Alberta to the north-west comer thereof; thence south along the western boundary of the Province of Alberta to the north boimdary of the 70th townships; thence east along the said north boundary of the 70th townships to the point of commencement. Clearwateh. — Commencing at the north-east comer of township 70, range 3, west of the 5th meridian; thence west along the north boundary of the 70th townships to the western boundary of the Province of Alberta; thence south along said western boundary of the Province of Alberta to the north boimdary of the 60th townships; thence east along said north boundary of the 60th townships to the north-east comer of township 60, range 9, west of the 5th meridian; thence south along the eastern boundary of said town- ship 60; range 9, west of the 5th meridian to the north boundary of the 59th townships; thence east along said north boundary of the 59th townships to the meridian line between ranges 2 and 3, west of the 5th meridian; thence north along said meridian line between ranges 2 and 3, west of the 5th meri- dian to the point of commencement. Pembina. — Commencing at the north-east comer of township 70, range 25, west of the 4th meridian; thence west along the north boundary of the 70th townships to the meridian line between ranges 2 and 3, west of the 5th meridian; thence south on the said meridian Ime between ranges 2 and 3, west of the 5th meridian to the north-east comer of township 69, range 3, west of the 5th meridian; thence west on the north boundary of the 59th townships to the north-east comer of township 59, range 6, w^ of the 5th meridian; thence south on the meridian line between ranges 5 and 6, west of the 5th meridian to the north-east comer of township 56, range 6, west of the 5th meridian; thence east along the north boimdary of the 56th town- ships to the meridian line between ranges 3 and 4, west of the 5th meridian; 614 LEGISLATIVE ASSEMBLY Cap. 2 1909 thence south on the Baid meridian line between ranges 3 and 4, west of the 5th meridian to the north-east comer of township 65, range 4 west of the 5th meridian; thence east along the north boimdary of the 55th townships to the north-east corner of township 55, range 1, west of the 5th meridian; thence north on the 5th meridian to the north-east comer of township 57, range 1, west of the 5th meridian; thence east along the north boundary of the 57th townships to the north-east corner of township 57, range 26, west of the 4th meridian; thence north on the east boundary of township 58, range 26, west of the 4th meridian to the north-east corner thereof; thence east along the north boundary of the 58th townships to the meridian Une between ranges 24 and 25, west of the 4th meridian; thence north on the said meridian line between ranges 24 and 25, west of the 4th meridian to the point of conmiencement. Stubgeon. — Commencing at the north-east corner of township 65, range 18, 'vyest of the 4th meridian; thence west along the north boundary df the 65th townships to" the line between ranges 24 and 25, west of the 4th meridian; thence south along the line between snid ranges 24 and 25 to the north boundary of the 58th townships; thence east following the said north boundary of the 58th townships to the north-east corner of township 58, range 24, west of the 4th meridian; thence south along the east boundary of townships 58 and 57, range 24, west of the 4th meridian to the north-east corner of township 56, range 24, west of the 4th meridian; thence west along the said north boundary of township 56 to the range line between ranges 24 and 25, west of the 4th meridian; thence south along said range line to the ' northerly limits of the City of Edmonton; thence easterly and southerly following the said limits of the City of Edmonton to their intersection with the North Saskatchewan River; thence north-easterly following the said North Saskatchewan River down stream to its intersection with the line between ranges 17 and 18, west of the 4th meridian; thence north along the said range line between ranges 17 and 18 to the point of commencement; excepting thereout and therefrom all of the south-west quarter of section 19, township 53, range 24, west of the 4th meridian. Beavek Rivee. — Commencing at the north-east comer of township 70, range 9, west of the 4th meridian; thence west along the north boundary , of the 70th townships to the meridian line between ranges 17 and IS, west of the 4th meridian; thence south along said meridian line between ranges 17 and 18, west of the 4th meridian to the north boundary of the 59th town- ships; thence east along the said north boundary of the 69th townships to the meridian Une between ranges 12 and 13, west of the 4th meridian; thence south along said meridian line between ranges 12 and 13, West of the 4th meridian, produced through the Saddle Lake Indian Reserve to the intersection with the North Saskatchewan River; thence south and east down stream along the said North Saskatchewan River to the meridian line between ranges 9 and 10, west of the 4th meridian; thence north along said meridian line between ranges 9 and 10, west of the 4th meridian to the north-east comer of township 58, range 10, west of the 4th meridian; thence east along the north boundary of the 58th townships to the meridian Une between ranges 8 and 9, west of the 4th meridian; thence north along said meridian line between ranges 8 and 9, west of the. 4th meridian to the point of commencement. St. PatjIi. — -Commencing at the north-east corner of township 70i range 1, west of the 4th meridian; thence west along the north boundary of the 70th townships to the meridian Une between ranges 8 and 9, west of the 4th meridian; thence south along said meridian line between ranges 8 and 9, west of the 4th meridian to the north boundary of the 58th town- ships; thence west along said north boundary of the 58th townships to the meridian Une between ranges 9 and 10, west of the 4th meridian; thence south along the said meridian Une between ranges 9 and 10 west of the 4th meridian to the North Saskatchewan River; thence east and south down stream along the said North Saskatchewan River to its intersection with the east boundary of the Province of Alberta; thence north along the said east boundary of the Province of Alberta to the point of commencement. Aubxandka. — Commencing at the point of intersection of the North Saskatchewan River with the eastem boundary of the Province of Alberta in township 53; thence north-west up stream along said North Saskatchewan River to the point of intersection with the meridian line between ranges 5 and 6, west of the 4th meridian; thence south along the said meridian line between ranges 5 and 6, west of the 4th meridian to the point of inter- section with the Battle River in township 47; thence easterly down stream along the said Battle River to the point of intersection with the eastern 616 1909 Cap. 2 LEGISLATIVE ASSEMBLY boundary of the Province of Alberta; thence north along the said eastern boundary of the Province of Alberta to the point of commencement. Veemilion. — Commencing at the point of intersection of the meridian liae between ranges 5 and 6, west of tiie 4th meridian and the North Sas- katchewan River; thence south and west up stream along the said North Saskatchewan River to the point of its intersection with the meridian line between ranges 11 and 12, west of the 4th meridian, thence^ south along said meridian line between ranges 11 and 12, west of the 4th meridian to the point of its intersection with the north boundary of the 48th townships; thence east along said north boundary of the 48th townships to the meridian line between ranges 10 and 11, west of the 4th meridian; thence south along said meridian line between ranges 10 and 11, west of the 4th meridian, to the north boundary of the 47th tovjnships; thence east along said north boundary of the 47th townships to the meridian line, between ranges 5 and 6, west of the 4th meridian; thence north along said meridian line between ranges 5 and 6, west of the 4th meridian to the point of commencement. Vegreville.— Commencing at the north-east comer of township 53, range 12, west of the 4th meridian; thence west along the north boundary of the 53rd townships to the meridian line between ranges 15 and 16, west of the 4th meridian; thence north along said meridian line between ranges 15 and 16, west of the 4th meridian to the north-east comer of township 54, range 16, west of the 4th meridian; thence west along the north boundary of the 64th townships to the meridian line between ranges 19 and 20, west of the 4th meridian; thence south along said meridian line between ranges 19 and 20, west of the 4th meridian to the north boundary of the 48th town- ships; thence east along said north boundary of the 48th townships to the meridian line between ranges 11 and 12, west of the 4th meridian; thence north along said meridian line between ranges 11 and 12, west of the 4th meridian to the point of commencement. Whitfokd. — Commencing at the north-east comer of township 59, range 13, west of the 4th meridian; thence west along the north boundary of the 59th townships to the point of intersection with the meridian line between ranges 17 and 18, west of the 4th meridian; thence south along said meridian line between ranges 17 and 18, west of the 4th meridian to the intersection with the North Saskatchewan River; thence east, north and south down stream along the said North Saskatchewan River to the point where it intersects the north boundary of the 57th townships in range 15, west of the 4th meridian; thence west along said north boundary of the 57th townships to the meridian line between ranges 15 and 16, west of the 4th meridian; thence south along said meridian Ime between ranges 15 and 16 west of the 4th meridian to the north boundary of the 53rd townships; thence east along said north boundary of the 53rd townships to the meridian line between ranges 11 and 12, west of the 4th meridian; thence north along said meridian line between ranges 11 and 12, west of the 4th meridian, to its intersection with the North Saskatchewan River; thence alon^ the said North Saskatchewan River west and north, up stream, to its intersection with the meridian line between ranges 12 and 13, west of the 4th meridian; thence north along the said meridian line between ranges 12 and 13, west of the 4th meridian, produced through the Saddle Lake Indian Reserve to the point of commencement. Victoria. — Commencing at the intersection of the North Saskatchewan River with the north boundary of township 57, range 15, west of the 4th meridian; thence northerly, westerly and southerly up stream along the said North Saskatchewan River to its intersection with the northerly boundary of the 53rd townships; thence east along the said north boundary of the 53rd townships to the meridian between the 19th and 20th ranges, west of the 4th meridian; thence northerly along the said meridian between the 19th and 20th ranges, west of the 4th meridian to the north-east comer of township 54, range 20, west of the 4th meridian; thence easterly along the northerly boundary of the 54th townships to the meridian between ranges 15 and 16, west of the 4th meridian; thence north along the said meridian between ranges 15 and 16, west of the 4th meridian to the north-east corner of township 57, range 16, west of the 4th meridian;' thence east along the northerly boundary of the 57th township to the point of commencement. EiiMONXON.— AH that portion of the City of Edmonton Ijdng north of the North Saskatchewan River together with all of the south-west quarter of section 19, -township 53, range 24, west of the 4th meridian. South Edmonton. — ^All that portion of the City of Edmonton lying south -of the North Saskatchewan River, within the corporate limits of the said City of Edmonton, and commencing at the north-east comer of town- 616 LEGISLATIVE ASSEMBLY Cap. 2 1909 ship 53, range 20, west of the 4th meridian; thence west along the north boun- dary of the 53rd townships to the point of its intersection with the North Sa^atchewan River in range 23, west of the 4th meridian; thence south- west up stream along said North Saskatchewan River to its intersection with the north boundary of the 50th townships; thence east along the said north boundary of the 50th townships to the meridian line between ranges 19 and 20, west of the 4th meridian; thence north along said meridian line between ranges 19 and 20, west of the 4th meridian to the point of com- mencement. St. ALBERT.-«-Commencing at the north-east corner of township 58, range 24, west of the 4th meridian; thence west along the said north boundary of the 58th townships to the north-east corner of township 58, range 26, west of the 4th meridian; thence south along the east boundary of said township 58, range 26, to the north-east corner of township 57, range 26, west of the 4th meridian; thence west along the north boundary of the 57th township to the 5th meridian; thence south along the 5th meridian to the north-east corner of township 53, range 1, west of the 5th meridian; thence east along the north boundary of the 53rd townships to the west boundary of Indian Reserve Chief Michel Calahoo; thence south along said west boundary of Indian Reserve Chief Michel Calahoo to the south-west corner thereof; thence easterly along the south boundary of said Indian Reserve Chief Michel Calahoo to the south-east comer thereof; thence in an easterly direction and along the southern limit of lots "I", "H", "G", "F", and "E" in the St. Albert settlement to the south-west corner of lot "D" in the said settlement; thence along the westerly and southerly shores of Big Lake in a westerly, southerly and easterly direction to the rear line of lot 55 in the said St. Albert settlement; thence in an easterly direction and along the rear line of lots fronting on the east side of the Sturgeon River in the said St. Albert settlement to the north boundary of the 53rd township; thence easterly along the north boundary of the 53rd township to the north- east corner of township 53, range 25, west of the 4th meridian; thence north along the line between ranges 24 and 25 west of the 4th meridian to the north-east comer of township 56, range 25, west of the 4th meridian; thence east along the north boundary of the 56th township to the north-east comer of township 56, range 24, west of the 4th meridian; thence north along the easterly boundaries of townships 57 and 58, range 24 west of the 4th meridian to the point of commencement. Lac Ste. Anne. — Commencing at the north-east corner of township 69, range 6, west of the 5th meridian; thence west along the north boundary of the 59th townships to the north-east comer of township 59, range 9, west of the 5th meridian; thence north on the meridian h'ne between ranges 8 and 9, west of the 5th meridian to the north boundry of the 60th townships; thence west along the said north boundary of the 60th townships to the north-east comer of township 60, range 14, west of the 5th meridian; thence south along the meridian Une between ranges 13 and 14, west of the 5th meridian to the north-east corner of township 57, range 14, west of the 5th meridian; thence east along the north boundary of the 67th townships to the north-east corner of township 57, range 12, west of the 5th meridian; thence south on the meridian line between ranges 11 and 12, west of the 5th meridian, to the -north boundary of the 62nd townships; thence east along said north boundary of the 52nd townships to the meridian line between ranges 3 and 4, west of the 5th meridian; thence north along the said meridian line between ranges 3 and 4, west of the 5th meridian to the north boundary of the 63rd townships; thence east along the said north boundary of the 53rd townships to the meridian line between ranges 2 and 3, west of the 5th meridian; thence north along said meridian line between ranges 2 and 3, west of the 5th meridian to the north boundary of the sections forming the south half of the 54th townships; thence east along the said north boundary of the sections forming the south half of the 54th townships to the 6th meridian; thence north along said 5th meridian to the north boundary of the 56th townships; thence west along the said north boundary of the 65th town- ships to the meridian Une between ranges 3 and 4, west of the 6th meridian; thence north on said meridian line between ranges 3 and 4, west of the 6th meridian to the north boundary of the 56th townships; thence west along the said north boundary of the 66th townships to the meridian Une between ranges 6 and 6, west of the 5th meridian; thence north on the said meridian line between ranges 5 and 6, west of the 6th meridian to the point of commencement. Stony Plain. — Commencing at the intersection of the westerly Umit of the City of Edmonton, with the North Saskatchewan River; thence 617 1909 Cap. 2 LEGISLATIVE ASSEMBLY westerly up stream along the said North Saskatchewan River to the meridian line between ranges 8 and 9, west of the 5th meridian; thence north along said meridian line between ranges 8 and 9, west of the 5th meridian to the north boundary of the 52nd townships; thence east along said north boundary of the 52nd townships to the meridian line between the 3rd and 4th ranges, west of the 5th meridian; thence north along said meridian line between ranges 3 and 4, west of the 5th meridian to the north-east comer of township 53, range 4, west of the 5th meridian; thence east along the northern boundary of 53 townships to the north-east comer of township 53, range 3, west of the 5th meridian; thence north along the east boundary of township 54, range 3, west of the 5th meridian, to the north-east comer of section 13, in the said township 54, range 3, west of the 5th meridian; thence east along the section line dividing the north and south halves of the 54th townships to the 5th meridian; thence south along the 5th meridian to the north-east comer of township 53, range 1, west of the 5th meridian; thence east along the north boundary of this 53rd township to the west boimdary of Indian Reserve Chief Michel Calahoo; thence south along the west boimdary of said Indian Reserve Chief Michel Calahoo to the south-west comer thereof; thence east along the south boundary ' of the said Indian Reserve Chief Michel Calahoo to the south-east comer thereof; thence in an easterly direction along the south limit of lots "I", "H", "G", "F" and "E", in the St. Albert settlement to the south-west comer of lot "D" in the said settlement; thence along the west and south shores of Big Lake in a west, south and east direction to the rear line of lot 55 in the said St. Albert settlement; thence in an easterly direction arid along the rear of lots fronting on the east side of the Sturgeon River ia the said St. Albert settlemeni to the north boundary of the 63rd township; thence east along the north boundary of the 53rd township of the north-east corner of township 53, range 25, west of the 4th meridian; thence south along the east boundary of said township 53, range 25, west of the 4th meridian,, to the north limits of the City of Edmonton; thence west and south following the said limits of the City of Edmonton to ttie point of commencement. Edbon. — Commencing at the north-east comer of township 57, range 12, west of the 5th meridian; thence west along the north boundary of the 57th townships to the north-east comer of township 57, range 14, west of the 5th meridian; thence north along the meridian line between ranges 13 and 14, west of the 5th meridian to the^iorth boundary of the 60th townships; thence west along the north boundary of the 60th townships to the western boundary of the Province of Alberta; thence generally south along the said wei^em boimdaiy of the Province of Alberta to the north boundary of the 3l8t townships in range 19, west of the 5th meridian; thence east along the said north boundary of the 31st townships to the north-east corner of township 31, range 8, west of the 5th meridian; thence north along the meridian line between raniges 7 and 8, west of the 5th meridian to the north boundaiy of the 34th townships; thence west along the said north boundary of the 34th townships to the meridian line between ranges 9 and 10, west of the 5th meridian; thence north along the said meridian line between ranges 9 and 10, west of the 5th meridian to the north boundaiy of the 40th townships; thence east along the North Saskatchewan River; thence generally east and north-west down stream along the said North Sa8ka,tchewan River to its intersection with the meridian Une between ranges 8 and 9, west of the 5th meridian, in township 47; thence north along the said meridian line between ranges 8 and 9, west of the 5th meridian to the north boimdary of the 52nd townships; thence west along the north boimidary of the 52nd townships to the north-east corner of township 52, range 12, west of the 5th meridian; thence north on the meridian- line between, ranges 11 and 12, west of the 6th meridian to the point of commencement. Lbdug. — Commencing at the north-east corner of townsh^ 50, range 22, west of the 4th meridian; thence west along the northerly boundary of the 50th townships to the North Saskatchewan River; thence westerly and southerly up stream alon^ the said North Saskatchewan River to the northerly boimdary of the sections forming the southerly five-sixths of the 47th townships; thence east following the northerly boundaiy of the sections forming the southerly five-sixths of the 47th townships to the shores of Bittern Lake; thence northerly and easterly and southerly foUowmg the shores of Bittern Lake to the meridian between ranges 21 ^d 22, west of the 4^^ meridian; thence north along the meridian between said ranges 21 and 22 west of the 4th meridian to the point of commencement. Wetaskiwin. — Commencing at the intersection, of the west shore of Bittern Lake with the northerly boundaiy of the sections forming the southei;ly 618 LEGISLATIVE ASSEMBLY Cap. 2 1909 five-sixths of township 47, range 22, west of the 4th meridian; thence west along the northerly boundary of the sections forming the southerly five-sixths of the 47th township to the North Saskatchewan River; thence south- westerly up stream iong the North Saskatchewan Biver to the northerly boundary of the 44th townships; thence east along the north boundary of the 44th townships to the north-east corner of section 32, township 44, range 23, west of the 4th meridian; thence south on the line between sections 32 and 33, township 44, range 23, west of the 4th meridian to the Battle River; thence up the said river in a southerly direction to the north boundary of. township 43, range 23, west of the 4th meridian; thence east along the north boundary of the 43rd townships to the north-east corner of township 43, range 22, west of the 4th meridian; thence north along the meridian between ranges 21 and 22, west of the 4th meridian, to the shores of Bittern Lake; thence easterly and northerly following the easterly shores of Bittern Lake to the point of commencement. PoNOKA. — Commencing at the north-east corner of township 43, range 22, west of the 4th meridian, thence westerly along the north boundary of the 43rd townships to the Battle River in range 23; thence northerly down the said river to the line between sections 32 and 33, township 44, range 23, west of the 4th meridian; thence northerly on the said line to the north-east corner of section 32, township 44, range 23, west of the 4th meridian; thence west along the northerly boundary of the 44th townships to the North Sas- katchewan River; thence southerly up stream along the said North Sas- katchewan River to the northerly boundary of the 41st township; thence east along the northerly boundaxy of the 41st township to the meridian between ranges 21 and 22, west of the 4th meridian; thence north along the said meridian between ranges 21 and 22, west of the 4th meridian to the point of commencement. Cameose. — Commencing at the north-east corner of township 50, range 20, west of the 4th meridian; thence west along the northerly boundary of the 50th townships to the north-east corner of township 50, range 22, west of the 4th meridian; thence south along the meridian between ranges 21 and 22 to the north-east corner of township 41, range 22, west of the 4th meridian; thence east along the northerly boundary of the 41st townships to the intersection with the Battle River on the northerly boundary of town- ship 41, range 17, west of the 4th meridian; thence south-easterly down stream along the said Battle River to the meridian between ranges 15 and 16, west of the 4th meridian; thence north along the said meridian line between ranges 15 and 16 to the north-east corner of township 48, range 16, west of the 4th meridian; thence west along the northerly boundary of the 48th townships to the north-east corner of township 48, range 20, west of the 4th meridian; thence north along the meridian Ime between ranges 19 and 20, west of the 4th meridian to the point of commencement. Sbdgewick. — Commencing at the north-east corner of township 48, range 11, west of the 4th meridian; thence west along the north boundary of the 48th townships to the meridian Une between ranges 15 and 16, west of the 4th meridian; thence south along said meridian line between ranges 15 and 16, west of the 4th meridian to the point of its intersection with the Battle River; thence south-east down stream along said Battle River to the point of its intersection with the meridian line between ranges 10 and 11, west of the 4th meridian; thence north along said meridian Hne between ranges 10 and- 11, west of the 4th meridian to the point of commencement. Wainwbight.— Oommencing 'at the intersection of the Battle River and the eastern boundary of the Province of Alberta in township 45; thence westerly up stream along Battle River to the point of its intersection with the meridian line between ranges 5 and 6, west of the 4th meridian; thence north along said meridian line between ranges 5 and 6, west of the 4th meri- dian to the north-east comer of township 47, range 6, west of the 4th meridian; thence west along the north boundary of the 47th townships to the north-east corner of township 47, range 11, west of the 4th meridian; thence south along the meridian line between ranges 10 and 11, west of the 4th meridian, to the north-east corner of township 44, range 11, west of the 4th meridian; thence east along the north boimdaiy of the 44th towilships to the north-east corner of township 44, range 8, west of the 4th meridian; thence south along the meridian Une between ranges 7 and 8, west of the 4th meridian to the north boundary of township 42, range 8, west of the 4th meridian; thence east along the north boxmdary of tbe 4^id townships to the north-east comer of township 42, range 6, west of the 4th meridiain; thence south along the meridian Une between ranges 5 and 6, west of the 4th meridian, to the north-east comer of township 40, range 6', west of the 4th meridian; 619 1909 Cap. 2 LEGISLATIVE ASSEMBLY thence east along the north boundary of the 40th townships to the east boundary of the Provmce of Alberta; thence north along said east boundary of the Province of Alberta to the point of commencement. RiBSTONE. — Commmencing at the north-east corner of township 40 range 1, west of the 4th meridian; thence west along the north boundary of the 40th townships to the north-east corner of township 40, range 6, west of the 4th meridian; thence north along the meridian Ime between ranges 5 and 6, west of the 4th meridian to the north-east comer of township 42 , range 6, west of the 4th meridian; thence west along the north boundary of the 42nd townships to the line between ranges 7 and 8, west of the 4th meridian; thence north along the meridian line between ranges 7 and 8, west of the 4th meridian to the north-east comer of township 44, range 8, west of the 4th meridian; thence west along the north boundary of the 44th townships to the north-east corner of township 44, range 11, west of the 4th meridian; thence south along meridian line between ranges 10 and 11, west of the 4th meridian to the north boundary of township 38, range 11, west of the 4th meridian; thence east along the north boundary of the 38th townships to the north-east corner of township 38, range 8, west of the 4th meridian; thence south along the meridiaja line between ranges 7 and 8, west of the 4th meridian, to the north-east corner of township 36, range 8, west of the 4th meridian; thence east along the north boundary of the 36tu townships to the eastern boundary of the Province of Alberta; thence north along said east boundary of the Province erf Alberta to the point of com- mencement. CoBONATiON. — Commencing at the north-east comer of township 36 1 range 1, west of the 4th meridian; thence west along the north boundary of the 36th townships to the meridian line between ranges 7 and 8, west of the 4th meridian; thence north along the said meridian line between ranges 7 and 8, west of the 4th meridian, to the north-east comer of township 38, range 8, west of the 4th meridian; thence west along the north boundary pf the 38th townships to the meridian line between ranges 10 and 11, west of the 4th meridian; thence north along the said meridian line between ranges 10 and 11, west of the 4th meridian, to the point of intersection with the Battle Biver; thence westerly up stream along the said Battle River to the intersection of meridian line between ranges 13 and 14, west of the 4th meridian; thence south along said meridian line between ranges IS and 14, west of the 4th meridian, to the south-west corner of township 33, range 13, west of the 4th meridian; thence east along the southern boundary of the 33rd townships to the meridian line between ranges 10 and 11, west of the 4th meridian; thence south along said meridian hne, between ranges 10 and 11, west of the 4th meridian, to the south-west corner of township 32, range 10; west of the 4th meridian; thence east along the southerly boundary of the 32nd townships to the meridian line between ranges 6 and 7, west of the 4th meridian; thence south along said meridian hne between ranges 6 and 7, west of the 4th meridian, to the south-west corner of township 31, range 6, west of the 4th meridian; thence east along the south boundary of the 31st townships to the intersection with the eastern boundary of the Province of Alberta; thence north along said eastern boundary of the Pro- vince of Alberta to the point of commencement. StettiiBR.— Commencing at the point of intersection of the meridian line between ranges 13 and 14, west of the 4th meridian and the Battle River; thence north-westerly upstream along said Battle River to the northerly boundary of the 41st townships; thence west along the northerly boundary of the 41st townships to the north-east corner of township 41, range 20, west of the 4th meridian; th^ce south along the meridian line between ranges 19 and 20, to the north-east corner of section 13, township 41, range 20, west of the 4th meridian; thence west along north boundary of said section 13, township 41, range 20, west of the 4th meridian, to the shores of Buffalo Lake; thence following the south and east shores of said Buffalo Lake to the point where Tail Creek flows out of the said Lake; thence southerly down Tail Creek to the Red Deer River; thence southerly down said Red Deer River to the northerly boxmdary of the 33rd townships; thence east along the said northerly boundary of the 33rd townships to the meridian line between ranges 13 and 14, west of the 4th meridian; thence north along said meridian line between ranges 13 and 14, west of the 4th meridian to the point of commencement. Lacombe. — ComiAencing at the north-east corner of township 41, range 20, west of the 4th meridian; thence west along the northerly boundary of the 41st townships to the North Saskatchewan River; thence southerly up stream following the said North Saskatchewan River to the northerfy 62a LEGISLATIVE ASSEMBLY Cap. 2 1909 boundary of the 39th township; thence east along the said northerly boundary of the 39th townships to the Blind Man River in range 1, west of the 5th meridian; thence south-easterly following the said BImd Man River down stream to the Red Deer River; thence along the said Red Deer River down stream to the place where Tail Creek empties into the Red Deer Riyer; thence up Tail Creek in a north-easterly direction to the south shore of Buffalo Lake; thence north-easterly along the southerly and easterly shores of Buffalo Lake to the intersection of the said shores of Buffalo Lake at i its most easterly point with the north boundary of section 13, township 41, range 20, west of the 4th meridian; thence east along the north boundary of said section 13, township 41, range 20, west of the 4th meridian to the easterly boundary of • said township 41 ; thence north along the easterly boundary of said township 41, range 20, west of the 4th meridian to the point of' commencement. Red Debb. — Commencing at the intersection of the Red Deer River with north boundary of township 36, range 22, west of the 4th meridian; thence north up stream along said Red Deer River to the Blind Man River; thence along the said Blind Man River up stream to the north boundary of the 39th townships; thence west along the said north boundary of the 39th townships to the North Saskatchewan River; thence south and west upstream along the said North Saskatchewan River to the meridian line between ranges 9 and 10, west of the 5th meridian; thence south along said meridian line between ranges 9 and 10, west of the 5th meridian to the north boundary of the sections forming the south two-thirds of the 37th townships; thence east along the north boundary of the sections forming the south two-thirds of the 37th townships to the Red Deer River; thence along the Red Deer River up stream to the north boimdary of the 36th township, range 28, west of the 4th meridian; thence east along the north boundary of the 36th townships to the point of commencement. Innisfail. — Commencing at the intersection of the Red Deer River with the north boundary of township 36, range 22, west of the 4th meridian; thence west along the north boundary of the 36th townships to the inter- section with the Red Deer River in the 28th range, west of the 4th meridian; thence down stream along the Red Deer River to the north boundary of section 22 in the 37th township, range 28, west of the 4th meridian; thence west along the section Une which forms the north boundary of the sections comprising the south two-thirds of townships 37 to its intersection with the meridian line between ranges 9 and 10, west of the 5th meridian; thence south along said meridian line between ranges 9 and 10, west of the 5th meridian, to its intersection with the north boundary of the 34th townships; thence east along the said north boundary of the 34th townships to the intersection with the Red Deer River in the 21st range, west of the 4th meridian; thence north up stream along the said Ded Reer River to the point of conmiencement. Olds. — Commencing at the intersection of the Red Deer River with the north limit of township 34, range 21, west of the 4th meridian; thence west along the north boundary of the 34th townships to the north-east comer of township 34, range 8, west of the 5th meridian; thence south along the meridian line between ranges 7 and 8, west of the 5th meridian to the north- east comer of township 31, range 8, west of the 5th meridian; thence east along the north boundary of the 31st townships to the intersection with the Red Deer River in range 6, west of the 5th meridian; thence follow- ing the Red Deer River down stream to the north boimdary of township 32, range 5, west of the 5th meridian; thence east along the north boundary of the 32nd townships to the north-east corner of township 32, range 3, west of the 5th meridian; thence south along the east boundary of township 32, range 3, west of the 5th meridian to the north-east comer of township 31, range 3, west of the 5th meridian; thence east along the north boundary of the 31st townships to the Red Deer River in range 21, west of the 4th meridian; thence north up stream along said Red Deer River to the point of commencement. DiDSBUKY. — Commencing at the intersection of the Red Deer River with the northerly boundary of the 31st township in the 21st range, west of the 4th meridian; thence west along the northerly boundary of the said 31st townships to the north-east comer of township 31, range 3, west of the 5th meridian; thence north along the east boundary of township 32, range 3, west of the 5th meridian to the north-east comer thereof; thence west along the north boundary of the 32nd townships to the Red Deer River in the 5th range, west of the 5th meridian; thence along the said Red Deer River up stream to the meridian line between ranges 6 and 7, west of the 621 1909 Cap. 2 LEGISLATIVE ASSEMBLY 5th meridian; thence south along the said meridian line between ranges 6 and 7, to the nori:h boundary of township 30, range 7, west of the 5th meri- dian; thence east along the north boundary of the 30th townships to the north- east comer of township 30, range 4, west of the 5th meridian; thence south along the east boundary of township 30, range 4, west of the 5th meridian to the north-east corner of township 29, range 4, west of the 6th meridian; thence east along the north boundary of township 29, range 3, west of the 5th meridian to the north-east corner thereof; thence south along the east boundary of township 29, range 3, west of the 5th meridian to the north-east corner of township 28, range 3, west of the 6th meridian; thence east along the north boundary of the 28th townships to the intersection with the Red Deer River in the 19th range, west of the 4th meridian; thence northerly up stream along the said Red Deer River to the point of commencement. Hand Hills. — Commencing at the north-east corner of township 32, range 11, west of the 4th meridian; thence west along the north boundary of the 32nd townships to the north-east corner of township 32, range 14, west of the 4th meridian; thence north along east boundary of township 33, range 14, west of the 4th meridian, to the north-east comer of township 33, range 14, west of the 4th meridian; thence west along the north boundary of the 33rd townships to the point of its intersection with the Red Deer Biver; thence south-easterly down stream along the Red Deer River to the point of its intersection with the meridian Ime between ranges 10 and 11, west of the 4th meridian; thence north along said meridian Une between ranges 10 and 11, west of the 4th meridian to the point of commencement. Acadia. — Commencing at the north-east comer of township 30, range 1, west of the 4th meridian; thence west along the north boundary of the 30th townships to the Une between ranges 6 and 7, west of the 4th meridian; thence north along the east boundary of township 31, range 7, west of the 4th meridian, to the north-east corner of said township 31, range 7, west of the 4th meridian; thence west along the north boundary of the 31st town- ships to the north-east corner of township 31, range 11, west of the 4th meridian; thence south along the meridian Une between ranges 10 and 11, west of the 4th meridian, to the point of its intersection with the Red Deer River; thence generally easterly along said Red Deer River, down stream, to the eastern boundary of the Province of Alberta; thence north along said eastern boundary of the Province of Alberta to the point of commence- ment. Redclipp. — Commencing at the point of intersection of the Red Deer River with the east boundaxy of the Province of Alberta; thence generally west up stream along the said Red Deer River to the point of its intersection with the Une between ranges 11 and 12, west of the 4th meridian; thence southerly along said line between ranges 11 and 12 to the north boundary of the 13th townships; thence westerly along the said north boundary of the 13th townships to the Bow River; thence southerly down stream along the Bow River to its junction with the South Saskatchewan River; thence easterly down stream along the South Saskatchewan River to the point of its intersection with the north boundary of township 12, range 6, west of the 4th meridian; thence east along said north boundary of township 12, range 6, west of the 4th meridian to the south-east corner of section 3, township 13, range 6, west of the 4th meridian; thence north between sections 2 and 3 in said township 13, range 6, west of the 4th meridian to the north-east comer of said section 3; thence east along the north boundary of sections 2 and 1, township 13, range 6, and sections 6 and 6, township 13, range 5 to the South Saskatchewan River; thence southerly up stream along the said South Saskatchewan Biver to the north boundary of the 12th townships; thence east along the said north boundary of the 12th townships to the east boundary of the Province of Alberta; thence north along the said east boundary of the Province of Alberta to the point of commencement. Bow Valley. — Commencing at the intersection of the north boundary of the 28th townships and the Red Deer River in range 19, west of the 4th meridian; thence west along the north boundary of the 28th townships to the meridian line between ranges 21 and 22, west ) A failure to hold poll at any place appointed for holding ^th directions a poll; or Jesuit Mt*" (c) Noncompliance with the provisions of this Act as to^™'^^ the taking of the poll or the coimtin^ of the votes or as to limitations of time; or (d) Any mistake in the use of the forms contained in the schedule hereto; or (e) Any irregularity in connection with the holding of the inquiry provided for by section 177 of this Act; if it is shown to the satisfaction of the tribunal having cognizance of the question that the election was conducted in accordance 629 1909 Cap. 3 ELECTIONS with the principles laid down in this Act and that such irregularity, failure, noncompliance or mistake did not materially affect the result of the election. OATHS AND AFFIDAVITS. mo may 5. Exccpt where otherwise provided any oath or affidavit e oat B £^j, ^j^g purposes of this Act may be sworn before a justice of the peace, a commissioner for oaths or a notary public. S'^stei"*" (2) Each registrar and deputy registrar shall have power to administer any oath or affidavit required by this Act with respect to the making and revising of lists of voters and each returning officer shall have power to administer any oath or affidavit required by this Act with respect to any election and each deputy returning officer and poll clerk may administer any oath or affidavit required by this Act with respect to any election except such as is required to be administered to the returning officer, ^ehargefor (3) Evcry person before whom it is herein provided that an oathsTlte™^ oath or affidavit may be taken shall admmister the same gratuitously. AGENTS. Certam persons 6. A pcrsou who by sectiou 10 is disqualified and incompetent fo^S^tiS to vote or who within eight years has been foxmd guilty by a as agents ' competent tribimal of corrupt practices shall not act as agent for a candidate at an election; and any person violating this Penalty enactment shall incur the same penalty as if he had voted at the election. Candidates 7. A Candidate may himself undertake the duties which any dSse^f^''* * agent of his (except his official agent) might have undertaken agents jf appointed or may assist his agent in the performance of such duties and may be present at any place at which his agent may in pursuance of this Act attend except at the marking of a ballot under section 174. Expressions 8. Where in this Act expressions are used requiring or authoriz- to'lSSta ^^S any act to be done in the presence of the agents of the Nonattendanoe Candidates, the nonattcndance of any a,gent shall not invalidate of agents the act doue. QUALIFICATION OP CANDIDATE. Who may be 9. Any male person of the full age of twenty-one years and candidates g, British subjcct by birth or naturalization resident in Alberta who is not disqualified by an act of the present session known as The Legislative Assembly Act, or by any other act, shall be qualified to be a candidate. QUALIFICATION OF VOTERS. Who shall not vote. Who shau 10. The following persons shall be disqualified and incompetent not vote ^Q ^g registered as voters and to vote: 1. The judges of the Supreme Court and of the District Courts: 630 ELECTIONS Cap. 3 1909 2. Persons disqualified from voting under the provisions of this or any other act relating to corrupt practices; 3. Any person who at any time during the period fixed by the proclaimation of the Lieutenant Govranor in Council for the preparation or revision of the list of voters or on the polling day at any election is a prisioner in gaol or prison undergoing pimishment for a criminal offence or is a patient in a lunatic asyliun; 4. Indians. Who may vote. 11. Except as in this Act otherwise provided every male wto may person shall be qualified to be registered as a voter and to vote™*^ at the election of a member under this Act who is a British subject of the full age of twenty-one years and has resided in Alberta for at least twelve months and in the electoral division where he seeks to vote for at least three months immediately preceding the date of the closing of the registration of voters under the provisions of this Act. (2) Any person otherwise qualified who is at the said date a resident of such electoral division and who has been a resident in Alberta for one year immediately prior to the said date but who has not been a resident of such electoral division for three months immediately prior to said date shall be entitled to be registered as a voter for the electoral diArision of and within which he was last a resident for three months during said period of one year: Provided however that any person if otherwise qualified becoming a naturalized British subject or attaining the full ' age of twenty-one years at any time up to and inclusive of the last day fixed in an electoral division for the revision of the lists of voters shall be entitled to be registered as a voter. (3) Each person shall be entitled to be registered or placed on the list of voters for the polling subdivision in which he resides or in which he last resided in cases under subsection (2) hereof and in no other. RULES AS TO EBSIDENCE OF VOTERS. 13. For the purposes of registration of voters xmder this Act Rules as to the place of residence of any person shall be governed by the?iS°denL following rules as they shall be applicable: 1. The residence of a person shall be -the place in which his Fixed habitation is fixed and to which whenever he is absent therefrom '^*'"*»'*'°° he has the intention of returiung; 2. A person shall not lose his residence who leaves his home Temporary for temporary purposes; absence 3. If a person departs from Alberta with the intension of intention making his residence elsewhere he loses his residence in Alberta ;resfde^^ 4. The place where a man's family resides shall be deemed Residence to be his place of residence but any man who takes up or continues faSi/"™ his abode with the intention of remaining at a place other than where his family resides shall be deemed to be resident where he so resides; 5. The residence of a single man shall be where he usually of an sleeps; unmamed man 631 1909 Cap. 3 ELECTIONS Only one reaidence 6. A change of residence can be made only by the act of removal joined with the intention to remain permanently in another place. There can be only one residence; 7. No person while he remains in Alberta shall be deemed to have lost his residence tmtil he has gained another. Appointmont of registrars Appointment of revising officer Annual proclamation Clerk of the Executive Council to notify of appointment And to publish proclamation 13. A list of voters of the several electoral divisions of Alberta shall be made and revised at the times and in the manner herein- after provided. LIST OF VOTEKS. 14. Lists of voters shall hereafter be made and revised at such times as is hereinafter provided: (a) and (6). (Repealed 1911-12, c. 4, s. 33 (2).) (c) Whenever it has been determined to make and revise a new list of electors in one or more electoral districts The Lieutenant Governor in Council shall — 1. Appoint proper persons to act as registrars in and for the several electoral divisions of the province: 2. Appoint a District Court judge to be a revising officer for each electoral division at the court of revision for such electoral division. 1911-12, c. 4, s. 33. 15. The Lieutenant Governor in Council shall at the same time authorize the issue of a proclamation (form 1) setting forth — 1. That it has been determined to make and revise lists of voters for each electoral division; 2. The names and post office addresses of the persons appointed to act as registrars of the several electoral divisions; 3. Whenever it has been so determined that in the case of polling subdivisions not included in city constituencies, cities and towns each deputy registrar shall compile a list of voters by process of enumeration subject to final revision by the court of revision and that no personal application for registration will be necessary; 4. The days, not less than ten nor more than fifteen in number, on and the hours between which each deputy registrar shall sit for the purpose of receiving applications for the registration, of voters; 5. The date being the fifth day after the close of the registration sittings upon or before which each deputy registrar shall post up the list of voters as required by sections 44 and 49 of this Act. (2) The date to be fixed for the commencement of registration under clause 4 hereof shall be not less than 4 days after the date of the proclamation. 16. The clerk of the Executive Council shall forthwith send to each registrar and each revising officer so appointed notification (forms 2 and 3) of his appointment. 17. The clerk of the Executive Council shall forthwith after the issuing of the proclamation hereinbefore provided publish the same in The Alberta Gazette and cause to be published a notice containing the information required by clauses 1, 3, 4 and 5 of section 15 to be given in every newspaper published, in the province. 632 eijPCtions Cap. 3 1909 BOOKS AND FORMS. 18. The clerk of the Executive Council _ shall at the time ot^^^^l^ giving official notice to such registrar of his appointment or as be suppUed soon thereafter as possible provides and furnish each registrar J" Js^ar appointed for each electoral division as aforesaid with such a number of copies of the last revised list of voters, if any, for such electoral division certified tmder his hand as shall be sufficient for the purposes of the annual making and revising of such list together with a sufficient number of books for the use of the several deputy registrars appointed by him for the several polling subdivisions of the electoral division; such book shall be known as the "register" (form 4). 19. The clerk of the Executive Council shall also at the same other forms, time provide and furnish each registrar for the use of himself tob^'^*°" and his deputies with a sufficient number of the interrogatories' euppUed book containing such number of forms of the interrogatories (forms 5, 6 and 7) and statutory declaration as may be necessary and also such other forms and other books, stationery, writing material and appliances • as may be necessary for the proper registration of voters and for the other purposes of this Act. 30. The government printer shall on the requisition of the Duties of the clerk of the ExecuSiive Council from time to time cause to be|°^^°™* prepared and be procured such books, forms and other requisites as may be necessary for the proper registration of voters and the performance of the duties of a registrar or deputy registrar in every. respect as required under this Act; the books and forms referred to shall as far as practicable be prepared in accordance with the forms given therefor in the'schedule to this Act. EEGISTRARS AND THEIB DUTIES. 31. Each registrar appointed under this Act shall be a person QuaMcations possessed of the qualifications entitling him to be registered °^ '®^*'" as a voter in the electoral division of which he has been appointed registrar. 22. Each registrar shall forthwith after receiving notice of Duties of his appointment registrar 1. Take and subscribe the oath of ofi|ce (form 8) ; 2. Divide the electoral division into polling subdivisions for the purposes of registration and polling of voters at an election having regard as far as practicable to the number of persons capable of being registered as voters: Provided, however, that each polling subdivision shall contain Pro™o if possible not more than two hundred voters and shall be distinguished by a name and by a number commencing with the number "1"; polling subdivisions not included within the limits of a city or town shall be first consecutively numbered and after them polling subdivisions included within the limits of a city or toivn: Provided further that except in the case of city constituencies no polling subdivision shall be so situated as to be partly within and partly without the limits of any city or town; 633 1909 Cap. 3 EI^TIONS Registrar to act as deputy ■ registrar Notice of registration sittings 3. Appoint by commission und» his hand (form 9) such number of proper and competent persons to act as deputy registrars for the electoral division and shall allot to eaoh such deputy certain polling subdivisions within which he shall act: Provided that except in the case of city constituencies not more than two such deputies shall be appointed for each city or town and no deputy appointed for a city or town shall act in any polling subdivision situated without the limits of such city or town; 4. Determine the place or places at which each deputy r^istrar shall sit for the purpose set forth in subsection (4) of section 15 of this Act. (2) The registrar in making such allotment of polling sub- divisions may reserve any number of polling subdivisions not exceeding three within which he shall himself act in the capacity of and perfoma all the duties by this Act imposed upon a deputy registrar and shall in the performance of such duties have the same powers and be subject to the same penalties as a deputy registrar under this Act. (3) Clause 2 of subsection (1) hereof shall apply only to the registrars appointed under section 14 hereof for the making and revising of the lists of voters under this Act; and until other- wise provided by law the polling subdivisions so established in the several electoral divisions shall be and remain the polling subdivisions of the said electoral divisions for the purposes of the making and revising of voters' lists and of elections. 33. Each registrar shall forthwith after complying with the requirements of the next preceding section — 1. Insert in a newspaper, published in the electoral division of which he is registrar or if there be no newspaper which has a circulation therein in a newspaper which has a circulation therein iu two consecutive issues of such newspaper a notice (form 10); 2. Cause to be printed in poster form headed in large letters "Registration of Voters" a number of copies of such notice sufficient for the purpose of posting up one of such poster notices outside and inside each of the places or buildings at or in which applications for registration of voters will be received imder this Act and also in the places required by section 27 of this Act; ' 3. Cause to be printed in poster form a number of copies sufficient for the purpose of posting up in the manner set forth in the next preceding clause of the notice (form 11) setting forth at length sections 10 to 12 both inclusive of this Act stating the qualifications to be possessed by persons in order to entitle them to be registered as voters; 4. Transmit by parcel post, registered or deliver personally to each deputy registrar appointed by him a number of copies of both of such notices sufficient for the purpose of posting as aforesaid together with such a number of copies of the last revised list of voters, if any, for each polling subdivision of the electoral division for which he is deputy registrar certified by the clerk of the Executive Council as shall be sufficient for the purposes of posting up the same in accordance with the provisions of section 27; 634 ELECTIONS Cap. 3 1909 5. Transmit by registered post to the cterk of the Executive Council three copies of each of such poster notices. 34. In the event of a re^strar refusing or neglecting to pei> Neglect of form the duties of his office or becoming incapacitated either "*'°*''" by death, illness, absence or otherwise the Lieutenant Governor in Council shall appoint another person to act as registrar in the stead of the person so refusing or neglecting or becoming incapacitated as aforesaid. 35. Each deputy registra^r appointed under this Act shall °**'' "^ o®''^ forthwith and before performing any act or duty as such deputy registrar take and subscribe the oath of office (form 12). « 36. In the event of a deputy registrar refusing or neglecting Vacancy to perform the duties of his office or becoming incapacitated "'°'^°* either by death, ilbiess, absence or otherwise the registrar of the electoral division for which such deputy was so appointed shall appoint another person to act as deputy registrar in the place of the person so refusing or neglecting or becoming incapacitated as aforesaid. 37. Every deputy registrar shall forthwith after receiving Deputy notice of his appointment and the poster notices (forms 10 andto^osfup 11) and complying in other respects with the provisions of this""*'"^ Act post up or cause to be posted up in each polling subdivision to which his appointment is applicable one copy of the poster notices (forms 10 and 11) hereuibefore referred to and one copy of the last revised list of voters, if any, for such polling subdivision in each post office and on each school house and in at least two conspicuous places in such polling subdivision; and such poster notices shall be posted at least ten days prior to the date fixed for the cormnencement of the registration sittings in any electoral division. EEGISTHATION SITTINGS. 38. Bach deputy registrar shall for the purpose of the regis- Registration tration of voters provide suitable and convenient places properly ^'""^ lighted and heated; and in no case shall any such place be a building or part of any building wherein intoxicating liquors are sold. 39. Such place shall be within one of the polling subdivisions for which the deputy registrar is appointed to act and shall be in as central a location as is conveniently possible having regard to all the polling subdivisions for which he is so appointed : Provided, however, that whenever the greater convenience of voters would be suited thereby the place for holding registration sittings for a polling subdivision not included within the limits of a city or town may instead of being in such polling subdivision be in an adjoining city or town: Provided further that in case from any cause it is impossible to use any place appointed for the registration of voters another suitable place shall be procured by the deputy registrar and such notice as is practicable shall be given of the change. 635 1909 Oap. 3 ELECTIONS Procedure 30. The deputy registrar shall attend and sit for the purpose sj tiiigs ^£ receiving applications for registration of voters at the plac6 hereinbefore mentioned every day except Sunday during the period provided for the registration of voters from nine o'clock in the forenoon until nine o'clock in the afternoon with inter- missions from half past twelve to two o'clock and from six o'clock to half past seven o'clock, and shall before receiving any applications for registration post up inside and outside of the place where the registration sittings are held copies of poster notices (forms 10 amd 11) and of the last revised list of voters hereinbefore referred to, if any, and shall take all reasonable precautions to direct the attention of all applicants to the same. fiSitStfon o! . 31- The time from half past seven o'clbck imtil nine o'clock workjngmen in the aftemoou shall as far as possible be set apart for the registration of working men. PERSONS ENTITLED TO BE TKESENT AT REGISTRATION SITTINGS. Persons entitled to be present at registration sittings Who may be present at sittings 33. The following persons shall be entitled to be present at sittings for the registration of voters under the provisions of this Act: 1. The member of Parliament and the member of the Legislative Assembly within whose constituency any one of the polling subdivisions for which the sittings are held or any part thereof was situated at the last Dominion or provincial election respectively; 2. The unsuccessful candidate or candidates for such constituency at the said last Dominion and provincial election; 3. One agent of each; of said members or candidates to be appointed in writing over the signature of the said member or candidate; 4. Any of the members of the council of any municipality within which any one of the said polling subdivisions is wholly or partly situated; 5. Any number of spectators not exceeding six at the one time in addition to the persons before mentioned and the officers in attendance; 6. An interpreter or interpreters when necessary who shall be sworn by the deputy registrar. METHOD OP REGISTRATION. Registration Procedure at registration sittings Administering interrogatories Proviso 33. Registration under this Act shall be applicable only to those persons whose names are not contained in the last revised list of voters, if any. (2) When a person claiming to be entitled to be registered as a voter applies for registration the deputy registrar shall proceeds as follows: 1. He shall administer to the applicant the interrogatories contained in form 5 filling in said form from the answers given by the applicant and shall also cause the applicant to take and subscribe the statutory declaration contained in said form 5: Provided that it shall be the duty of the deputy registrar in case an applicant is in error as to the polling subdivision in 636 EJECTIONS Cap. 3 1909 which he should be registered to take all reasonable steps to Directing direct such applicant to the deputy registrar to whom such fn error" application should properly be made; 2. He shall ascertain from such applicant and enter in the Entering register (form 4) the foUowing particulars: - partieuiara (a) The polling subdivision within which such applicant is residing or for which he claims to be entitled to be registered under the provisions of subsection (2) of • section 11 of this Act at the time of the application; (b) His full name; (c) His place of residence; (d) His occupation; 3. He shall put to the applicant any questions which may Applicant to be asked concerning the applicant's right to registration byo^^^oi^'' any of the persons mentioned in clauses 1, 2, 3 and 4 of section medium of ofi J J.T-* J. ^ deputy oZ 01 tniS act: registrar Provided that no such person shall be permitted to question the applicant except through the deputy registrar as hereinbefore provided and no such question shall be put unless in the opinion of the deputy registrar it is relevant and material; 4. If it appears to the deputy registrar from the answers Result of given by the applicant to the interrogatories in form 5 and to ^^'^''|^„™,ed any questions that may be put to him as hereinbefore provided and from any other evidence that may be produced that the applicant is entitled to be registered the deputy registrar shall announce that the application is granted and write opposite the applicant's name in the register the word "allowed"; but if it appears to such deputy registrar that such applicant is not entitled to be registered he shall announce that the application is refused and shall write in such place in the register the wqrd "disallowed"; and such decision of the deputy registrar shall be final subject to appeal as herein provided. (3) Any registrar or deputy registrar qualified to be registered Deputy and to vote in any polling subdivision for which he is acting SS' vote .may be registered in said polling subdivision upon signing and declaring the interrogatories in form 5 in the presence of a justice of the peace, notary public or commissioner for oaths. 34. If an applicant for registration refuses to answer any of Refusal the interrogatories or to take or subscribe the statutory declaration ^lOTSories contained in form 5 the deputy registrar shall mark such applicant "disallowed" and shall enter a note of such refusal in the remarks column of the register opposite such applicant's name. 35. If any applicant is refused registration under the provisions Appeal to of the next two preceding sections he may have the decision ^^J^f^^^^ of the deputy registrar reviewed by the revising officer appointed decision of to revise the list of voters for the polling subdivision at ther^strar time or times appointed for the revision of the said list as herein- after provided; and in all such cases the deputy registrar shall give to the said applicant a certificate (form 13); but notwith- standing the provisions of this section the said applicant may be entered on the list under the provisions of section 59 hereof. 637 1909 Cap. 3 ELECTIONS Registration of absent and sick persons 36. If any person who claims to be entitled to be registered as a voter is tumble to attend the registration sittings during the dates on which the same are held or any of them by reason either — (a) Of sickness or other disability; or (6) That he is necessarily temporarily and unavoidably bona fide absent from the electoral division in which he claims to be entitled to be registered as a voter in the prosecution of his business, calling or of his occupation or by reason of other good and sufl&cient cause which shall be established to the satisfaction of the deputy registrar; a notice (form 14 or 15) signed by such person or on his behalf by some person to whom he is well known and having a personal knowledge of the facts may be given to. the deputy registrar acting for the polling subdivision in which such person claims to be entitled to be registered as a voter accompanied by complete and satisfactory answers to the interrogatories (forms 6 and 7) verified or substantiated by statutory declaration duly subscribed before a registrar or deputy registrar, a notary public, justice of the peace or commissioner for oaths. (2) The person making such application on behalf of another person shall appear before and be subject to examination by the deputy registrar as provided in the case of applicants under section 33 hereof. Entries in register 37. The deputy registrar shall' enter the said name with particulars in the register and if satisfied that such applicant is entitled to be registered as a voter shall announce that the application is granted and shall enter the word " allowed" opposite such applicant's name; otherwise he shall aimounce that the application is- refused and shall write the word "disallowed" opposite such applicant's name; . in either case he shall note in the remarks column that such application was made under the provisions of the next preceding section; all such rejected, applications shall be severally dealt with by the deputy registrar as set forth in section 35 of this Act. Who may object 38. The registration of the name of any person applying to be registered as a voter may be objected to by any of the persons named in clauses 1, 2, 3, and 4 of section 32 of this Act and if the objection is overruled by the deputy registrar a note of such objection shall be recorded in the remarks column of the register. Checking entries 39. At the expiration of each day of registration the deputy registrar shall in the presence of those entitled to be present read over in an audible voice and check the names of all the applicants entered that day in the register with all the particulars set opposite each name and may correct any mistake or error discovered in the register initalling all such corrections. Proeednie to be followed at end of each day's sitting 40. After the completion of the checking and reading of names herein provided for the deputy registrar shall write in the said register on the line next following the last names entered therein the words "end of sitting" giving the day of the month and 638 ELECTIONS Cap. 3 1909 the year of sitting, shall sign his name thereto and shall permit any of the persons mentioned in clauses 1, 2, 3 and 4 of section 32 who may desire to write their initials thereto. 41. Except as above provided no person except the deputy Only the registrar shall write or be perautted to write upon or in anyre^rarto way meddle with the register or mterrogatories' book and the>^«^g*J'j** deputy registrar shalt keep the same in his custody and control to have until he transmits the same to the registrar 'as hereinafter them ' ° provided. 43. In case by reasons of interruptions or other emergency continuation a sitting of the deputy registrar is not commenced on the proper neoessMy^' day or is interrupted after being commenced and before the closing thereof the deputy registrar shall resume registration on the following day and so on from day to day within the hours hereinbefore limited until the registration sittings have been opened and kept open without interruption and with free access thereto for persons desiring to be registered for the full number of days provided by this Act; the times limited for the registration of voters shall be directory only and any mistake or miscarriage in respect thereto shall not invalidate the list of voters. 43. Every deputy registrar shall during the days of sittings Deputy for the registration of voters under the provisions of this Acthl^'poVras be a conservator of the peace and be clothed with the same powers °^ ^^g™ ^^^ as a justice of the peace in this province and may appoint if necessary special constables for the maintenance of order and for the arrest and detention of persons guilty of personation of others or of attempting to personate others for the purpose of registration or who impede or improperly interrupt the proceedings of registration or create a disturbance and also may if necessary forcibly remove or direct the forcible removal of any person from the place wherein the registration is taking place; the deputy registrar and the constables appointed by Appointment him under the provisions of this section shall have full power "omSm to act in the premises without taking any oath. POSTING LIST OF APPLICATIONS. 44. The deputy registrar shall with reasonable expedition Proceedings and despatch and in any event within five days after the closing of'Sg^ration of the registration — sittings 1. Prepare in writing a full, complete and true list certified Certified under his hand (form 16) for each polling subdivision for which he is acting showing the names alphabetically arranged according to the surname of all persons whose names appear in the last revised list of voters and also of all persons who have been registered and allowed by him as voters in each such polling subdivision; 2. Post a certified copy of such list in a conspicuous place p^jjij^ „p in the city hall, town hall or other building or place used for of copies the meetings of the council of the municipality and in at least two conspicuous places in the polling subdivision to which such list refers; such list shall remain so posted up until and inclusive of the fifteenth day after the closing of the registration. 639 1909 Cap. 3 ELECTIONS Obtuning copies Posting notice of sittings of court of revision 45. The deputy registrar shall keep the original list which shall be accessible to all persons applying to see the same and any such person may if he so desires take extracts therefrom. (2) It shall be the duty of the deputy registrar when so posting up copies of the lists also to attach to each of them a notice (form 17) showing the date and place for sittings of the court of revision to revise the list for the said polling subdivision as fixed by the revising officer under the provisions of section 58. PBEPAHATION OF LISTS OF VOTERS IN POLLING SUBDIVISIONS NOT INCLUDED IN CITY CONSTITUENCIES, CITIES AND TOWNS. Preparations of voters' lists in polling subdivisions not included in city constituencies and towns 46. In the case of polling subdivisions not included within the limits of city constituencies, cities and towns the Lieutenant Governor in Council may declare that sections 46 to 50 both inclusive of this Act shaU apply to the making and revision of such lists of voters and that sections 27 to 45 both inclusive of this Act shall not apply and in such case sections 46 to 50 both inclusive of this Act shall apply to the making and revision of such lists of voters and sections 27 to 45 both inclusive of this Act shall not apply. (2) In such case the last revised voters' list shall be of no force or effect but the registrar shall proceed as though such last revised voters' list had not been made. Posting up notices and copies of lists Deputy to compile list of voters 47. Every deputy registrar shall forthwith after receiving notice of his appointment and the poster notices (forms 10 and 11) and complying in other respects with the provisions of this Act post up or cause to be posted up in each polling subdivision to which his appointment is applicable one copy of the postej: notices (forms 10 and 11) hereinbefore referred to in each post office and in at least two conspicuous places in such polling subdivision: Provided that when there are one or more public or separate school houses in any polling subdivision such notice shall also be posted on each such school house. 48. After posting up the notices referred to in the next preceding section the deputy registrar shall by visiting every house or other dwelling place in each of the polling subdivisions for which he is appointed and by careful personal inquiry compile a list (form 18) of the names (arranged in alphabetical order of each surname), residence, occupations and post office addresses of all persons quaUfied to be registered as voters in each polling subdivision. Posting copies of list of voters 49. The deputy registrar shall on or before the date fixed by the proclamation provided for in section 15 of this Act for posting up of the list make and post up a copy of such list, certified under his hand in each post office and in at least two conspicuous places within the polling subdivision; such list shall remain so posted up until. and inclusive of the fifteenth day after the close of the registration. (2) A copy of the list shall also be posted up on each school house in such polling subdivision. 640 ELECTIONS Cap. 3 1909 (3) Each deputy registrar shall also attach to each copy posted N^oe of^ up by him a notice (form , 17) showing the date and place for court^of ° holding the sittings of the court of revision to revise the said™"^™ list for the said polling subdivision as fixed by the revising officer under the provisions of section 58. 50. In the performance of his duties every deputy registrar Deputy^^^ shall have power and is hereby required whenever necessary po^eraof to demand and receive such information from any registrar f^^'^^^^^^ of births, deaths and marriages or any constable or peace officer or any person in the public service or any mayor, reeve, clerk, secretary, or other officer of any municipality or local improve- ment district, or any other, person whomsoever as may enable him to identify any person or to ascertain the residence of any person or to ascertain whether any person is dead or has left his polling' subdivision or is under any disability or is qualified or disqualified as a voter; and any person who on being required to give any such information does not give all information in his power shall be liable on summary conviction to a fine not exceeding 1100 and costs and not' less than $10 and costs. (2) The deputy registrar shall also have power when necessary to employ an interpreter or interpreters whom he shall swear to faithfully perform, the duties of such interpreter or interpreters. OBJECTIONS TO BETENTION OF NAMES ON THE LIST OF VOTERS. 51. Objections or comjSaints may be made by any of the objeotions persons mentioned in clauses 1, 2, 3 and 4 of section 32, or by*°°g™^j any person entitled to be registered as a voter in the electoral of voters division to the retention of any name or names on the list of voters referred to in sections 44 or 48 of this Act by delivering or transmitting by registered post to the deputy registrar at his post office address set forth in the poster notice (form 10) within ten days after the date fixed for posting the list of voters pursuant to sections 44 and 49 of this Act a notice in writing in the case of each objection or complaint setting forth the grounds of such objection or complaint and giving the name and post office address of the objector or complainant and of the person objected to. (2) All such notices as and when received by the deputy procedure registrar shall be numbered consecutively and shall be dealt j^^^^ ^^^ ^^ with by him in the following manner, that is to say: He shall objectionB immediately by registered post transmit a notice (form 19) to each person against whose name objection or copiplaint has been made; all such notices shall be addressed to the post office addresses shown on the list of voters and the registration certificate or receipt received by the deputy registrar from the post office shall in each case be attached to the notice of objection or complaint to which it refers and shall at the court of revision be •prima fade evidence in each case that such notices have been mailed to and received by the persons against the retention of whose names on the list of voters objection or complaint has been made; such notices of objections or complaints as and when received shall be by the deputy registrar noted in writing in a Ust of 641 1909 Cap. 3 ELECTIONS objections made for the purpose in which shall be set forth the name of the person against whom objection or complaint is made. (3) Objection or complaint may be made as aforesaid against the retention of the name of any person on the grounds of want of qualification, death or removal or that the name of such person is wrongfully stated in the list of voters or upon any grounds that would disqualify such person from having his name retained on such list under this Act. (4) Each objection or complaint given to the deputy registrar under this section shall be in respect of one name only in each case. TRANSMISSION OF PAPEES TO THE REGISTEAK. . TransznisBion of papers by deputy registrar to registrar 53. Within two days (Sunday excluded) after the last day provided for the list to remain posted up each deputy registrar shall transmit or deliver to the registrar whose deputy he is the list prepared by him pursuant to sections 44 or 48 of this Act duly certified by him together (in the case of a list of voters made in accordance with the provisions of sections 46 to 50 both inclusive) with an aflBdavit (form 20) annexed thereto duly sworn and subscribed, the register, all interrogatories and statutory declarations received, all objection or complaint notices against the retention of names on the voters' list and aU other papers or things in any way relating to the registration in each of the polling subdivisions for ot in which he has acted as deputy registrar, accompanied by a certificate (form 21) to the effect that the list of names of persons 'contained in the register is. true in substance and in fact and contains the names of all the persons who have applied to be registered as voters in the said polling subdivision and that all the said objection or complaint notices are by him transmitted or delivered, as the case may be; TRANSMISSION OP LISTS, ETC., TO CLERK OF EXECUTIVE COUNCIL AND TO REVISING OFFICER. Forwarding copy to clerk of Executive Council Forwarding documents to revising officer 53. The registrar shall forthwith — 1. Transmit to the clerk of the Executive Council the duly certified lists of voters for each polling subdivision in his electoral division forwarded to him by the different deputy registrars under the provisions of section 52; and 2. Transmit to the proper revising officer for the electoral division the register, all interrogatories and statutory declarations received and all notices of objections or complaints against the retention of names on the register and all other books, papers or things in any way relating to the enumeration or registration in the electoral division for or in which he has acted as registrar. PRINTING LISTS. Clerk of the Executive Council to Erocure three undred copies 54. The clerk of the Executive Council shall within thirty days after the receipt by him of the lists of voters referred to in the next preceding section — (a) Cause to be printed at least three hundred copies of such lists of each electoral division, making one 'entire 642 ei/;e3Ctions Cap. 3 1909 list for each said electoral division and appropriately dividing the said list into polling subdivisions according to the lists received from the registrar; (b) Send to each revising Officer for the purposes of the To send court of revision two copies thereof applicable to eacheaSTJe^amg of the electoral divisions for which he has been appointed o®"^' revising officer. (2) Certified copies of said lists or of any particular list may Copies to be obtained by any person from the clerk of the Executive Coxmcil * '"™»'^«"i upon the payment therefor at the rate of ten cents for each polling " subdivision. COURT OF HEVISION. 55. For the purposes of revising the list of voters for each Allotment electoral division referred to in the next preceding section in^^^loM™i the manner hereinafter' provided the judge of the District Court ^g^>8 appointed under the provisions of clause 2 of section 14 of this Act shall be the revising officer for the electoral division or divisions for which he is so appointed. 56. The revising officer shall have and possess all the powers Power of and authority co^erred upon him by this Act subject to nOoS°^ abatement, limitation, variation or interference by any court or process of law in Alberta or otherwise howsoever. 57. Where any revising officer is unable to act at any of the May appoint sittings of a court of revision he may appoint a barrister of Alberta °"''"''*"*°° to be revising officer in his place. 58. Before the time fixed for the closing of the registration to notify the revising officer shall by registered post notify the registrar '«^*''='" of each electoral division for which he is acting of the date or dates on, the place or places in the said electoral division and the hours between which. courts of revision will be held for each electoral division: Provided that no such date or dates shall be later than two months after the closing of the registration sittings. (2) The registrar shall forthwith notify each deputy appointed by him of said dates and places and shall forward to each such deputy a notice (form 22). (3) The revising officer in fixing the places for such sittings shall have regard to the convenience of voters in attending said courts and shall distribute his sittings in such manner as to obviate the necessity of long distances being travelled to the said courts. , 59. For the purpose of offering the widest scope for the Registration registration of voters any person claiming to be entitled to be ''y re^ang placed on any list of voters in any electoral division may not-S'ot* \yithstanding the fact that his name has been omitted from the"™'""" list of voters posted pursuant to sections 44 and "49 of this Act or that he has neglected or omitted to apply for registration at any one of the sittmgs of the deputy registrar at the polling subdivision m request of which such person claims to be entitled to have his name entered on such list of voters;, and any person who having applied has been refused registration by such deputy 643 1909 Cap. 3 ELECTIONS registrar may apply to have his name entered on such list of voters as aforesaid at any of the sittings of the court of revision and shall be entitled to have his name entered on such list of voters by the revising officer at the court of revision if after viva voce examination on oath the revising officer shall be of opinion that such applicant possesses the necessary qualifications in that behalf. No notice of application for the purposes of this section shall be required: Provided, however, that in the case of all persons whose applications were refused by the deputy registrars the respective applicants shall first produce and file with the revising officer the certificate required to be given by deputy registrars under the provisions of section 35 of this Act. METHOD OF REVISION. How to be made ObjectioDS to be tried Striking off names Procedure in dealing Revision 60. The revising officer shall revise the printed list of voters of each electoral division to which his appointment relates transmitted to him by the clerk of the Executive Council under the provisions of section 64 of this Act in the following manner and in strict accordance with the provisions hereinafter contained, that is to say: 1. All the names appearing thereon or therein and as to which no objections or complaints shall have been lodged with the deputy registrar as hereinbefore provided shall be allowed to stand without investigation as to qualification; 2. All the objections or complaints lodged with the deputy registrar as to the retention of names of persons on the list as by this Act hereinbefore provided shall be heard and determined; 3. Opposite to or at the side of the name of any person struck off the printed list of voters the revising officer shall write the words "struck off" followed by his initials; 4. In the case of names in respect of which objections or ^th ^Tlotions complaints have been lodged with the deputy registrar as to iSS^^ "" ^P^^ retention thereof on the list of voters and appearing on the list of voters as hereinbefore provided the revising officer shall deal with the same separately upon the merits to be disclosed by viva voce examination of the several applicants, the persons against whom such applications have been made and the witnesses present on their behalf. After hearing each application as above provided the revising officer shall in his discretion either strike off the name of the person from the printed list of voters or allow the same to stand. The onus of substantiating sufficient prima facie ground to strike off any name from the said list shall be entirely upon the applicant and it shall not be necessary for any person jvhose name has been objected to to adduce proof in the first instance that his name properly appears on the list or until after the revising officer avers that in his opinion such prima facie ground has been established. The absence from or non- attendance at the sittings of the revising officer at the time application is heard of any person whose name has been objected to shall not relieve the applicant from substantiating such prima fade case as aforesaid by evidence which shall in the absence of rebuttal evidence be deemed conclusive evidence that the name of such person improperly appears on the said list where- upon his name shall be struck off the said list by the revising officer; 644 Onus of proof ELECTIONS Cap. 3 1909 5. No complaint or appeal shall be heard by a revising officerNo^namM^ to strike names off the list of voters unless notice of same has off unless been lodged with the deputy registrar as hereinbefore by thisf„'g^°^'°^d„ Act provided; section 6. All decisions of the revising officer upon matters dealt No^ppeai^ with by him under the provisions of this section shall be absolute office/^™'"^ and conclusive and subject to no appeal. 61. In case any matter or thing respecting the revising of Revising the list in the manner herein provided is not specifically Save di£ or sufficiently provided for in this Act the revising officer shall ^^5;°™ no *° deal with the same on principles of equity and justice. provided for 68. The registrar shall act as clerk at the court of revision, cierk to court of reviaioii 63. if an applicant or complainant dies or abandons his intervention complaint the revising officer may if he think proper allow anyperaoSV other person , who might have been appellant to intervene andPjj^,!^"^^^^^. prosecute such appeal or complaint upon such terms as the revising complainant officer may thii^k just. 64. Any person may obtain from the revising officer an order Order tor (form 23) requiring the attendance at the court for hearing of *^tn'ras^ complaints as aforesaid at the time mentioned in such order of any witness residing or served with such order in any part of Alberta and requiring any such witness to bring with hun and produce to the court any papers or documents mentioned in the order. 65. Every witness served with such order shall obey the Conduct same provided the allowance of expenses according to the scale ™°°®^ allowed in the District Courts is tendered him at the time of service. 66. Any person in respect of the insertion of whose name order for an objection or complaint is made shall upon being served with JiJ *™po°^e„t such order obey the same upon being tendered or paid an allowance for his expenses as hereinbefore provided. 67. If any person who has been served with such order and May strike whose right to be a voter is the subject of inquiry is tendered ^t™°°*^ or paid an allowance for his expenses as hereinbefore provided and does not attend the court in obedience to such order the revising officer shall unless he is satisfied by sufficient evidence that such person is entitled to be registered a voter strike the name of such person from the list. 68. The revising officer at any court held by him for the revision Correction and closing of lists of voters under this Act may without previous ^t^™^^ notice of complaint having been given in that behalf as herein- previSis before provided correct any mistake which shall have been proved"™"'*^* to him to have been made by the deputy registrar in the voters' list in respect of name, residence, occupation or otherwise howsoever. 645 1909 Cap. 3 ELECTIONS Power or amendment 69. The revising officer shall have power to amend any notice or other proceeding upon such terms and conditions as he may think proper. Costs 70. In all proceedings before a revising officer the revising officer shall have full discretion as to costs; but in no event shall any higher costs be awarded or allowed than would be allowed for like services in a District Court. Enforcing payment of costs 71. The payment of costs ordered by a revising officer to be paid may be enforced by execution against goods and chattels to be issued from a District Coiirt having jurisdiction in any part of the electoral division the lists of voters for which are the subject of revision upon ffiing therein the order of the revising officer in the premises. Decision to be final 73. The decision of the revising officer under this Act in regard to the right of any person to be a voter shall be ffiial. Revising officer to have powers of District . Court judges 73. In all proceedings under this Act the revising officer shall have with reference to the matters herein contained all the powers which belong to or might be exercised by a judge of a District Court in any action pfending in a District Court. Custody of books, etc. 74. The revising officer of any list of voters under the provisions of this Act shall be the proper custodian of and be responsible for the safe keeping of all books and docimients used at the said revision and shall on no accoimt and upon no pretext whatever allow the same or any of them out of his possession during the progress of the revision or at the conclusion thereof except to transmit the same to the clerk of the Executive Cotmcil as hereinafter provided. Dutie^ of revising officer after closing of lists 75. Immediately after the full and final revision of the said printed list of voters of any electoral division referred to in section 60 hereof the revising officer shall — 1. See that all names decided by him to be struck off such list are in fact struck off and duly initialled by him in the manner hereinbefore provided; 2. Insert in their proper places all names added by him to the list of voters accompanied by a certfficate (form 24). Transmission of list, book^, etc., to clerk of . Executive Council 76. The revising officer shall forthwith thereafter transmit or deliver to the clerk of the Executive Council the completed list of voters referred to in the next preceding section together with all books, documents and papers in his hands relating to the said list of voters. Closed lists to be final 77. Every list of voters revised and closed under the provisions of this Act shall be final and conclusive and shall be subject to no appeal. Lists to continue until next revision 78. All lists of voters revised and closed under the provisions of this Act shall be and shall constitute the lists of voters of the electoral divisions to which they refer until other lists of voters therefor shall be similarly revised and closed. 646 ELECTIONS Cap. 3 1909 DUTY OF CLERK OF EXECUTIVE COUNCIL ON KECEIPT OP LISTS OF VOTERS. 79. It shall be the duty of the clerk of. the Executive Council D»«||^°f.^'|'i' upon the receipt from revising oflScers under section 76 hereof Council on of the lists of voters to make or cause to be made under his "°*'''* °' ''°" immediate supervision and direction correct copies of the same in every particular; he shall then certify to such fact at the foot thereof and transmit such certified copies to the Government Printer; the original list and all books, papers and documents relating to the registration of voters in the respective electoral divisions shall then be properly labelled and sealed by him and filed in a safe manner in the archives of his office. PRINTING LISTS. 80. The Government Printer shall print at least two hundred ^^Jl^^ copies of each such list at least ten days before the date fixed J^'iired for for the holding of an election; certified copies of any such list*'^"**™ may at any time be obtained by any person from the clerk of the Executive Council upon payment at the rate of ten cents for each polling subdivision and fifty cents for each certificate. (2) The clerk of the Executive Council shall send at leastcopieatobe twenty copies when printed of such list of voters relating toperaoM™ *™ each electoral division to the sitting member of the Legislative Assembly and to the last unsuccessful candidate or candidates for the electoral division affected by such list and shall furnish any person applying for the same with copies of such printed list of voters for any electoral division at the rate of ten cents for each polling subdivision. 81. The compensation of revising officers, registrars, deputy compensation registrars and all other officials and persons engaged in or about J°^|^°j.^^'y the pteparation and revision of the lists of voters as by this Act order m provided and all expenses consequent thereupon shall be paid™™ by the Provincial Treasurer out of the general revenue fund of the province but only such sums as shall be determined by the Lieutenant Governor in Council and no more shall be allowed or paid for such services and expenses. (2) All accounts for compensation for services and expenses Rendering of the kind particularized in this section shall be rendered in'"«=°'^*' duplicate duly certified to and accompanied by satisfactory vouchers showing disbursements made, if any, and shall be forwarded for payment as herein provided to the clerk of the Executive Council at the City of Edmonton. FALSE REGISTRATION AND PENALTIES. 83. Every person who applies under this Act to be registered who shau as a voter in the name of some other person whether such nameplraMaLn be that of a person living or dead or of a fictitious person or who having been once registered under this Act applies to be again registered in the same or another electoral division shall be guilty of an offence of personation and liable to the penalties imposed in this Act upon persons guilty of the said offence. 647 1909 Cap. 3 ELECTIONS Re^strar not talang oath Penalty for false statement by applicant Official , improi>erly certifying statutory declaration 83. Any person appointed a registrar or deputy registrar who refuses or neglects to take and subscribe any oath required by this Act to be taken and subscribed by him shall for his neglect or refusal be liable to a penalty not exceeding one hundred dollars. 84. Any person making a claim to be registered as a voter at any registratioia sittings and answering and declaring any of the interrogatories necessary to entitle a person to be registered a voter as by this Act hereinbefore provided knowing the same to be false shall in addition to any other punishment provided by law be liable to a penalty not exceeding $200 and to imprison- ment for a term not exceeding six months. 85. Any registrar, deputy registrar, notary public, com- missioner for oaths or justice of the peace who falsely signs any statutory declaration to be used for the purpose of procuring the registration of voters under this Act certifying or declaring that such declaration was made before him or who signs it prior to the same being signed by the person purporting to declare to the same or otherwise than in the presence of the declarant shall for every such act be liable to a penalty not exceeding $200 and to imprisonment for a term not exceeding six months. 86. Any registrar or deputy registrar — (a) Who acting under the iprovisions of sections 46 to 50 both inclusive hereof shall wilfully and without reasonable cause refuse or neglect to make out any list of voters or who shall wUfully and without reasonable cause refuse or neglect to insert in the list of voters compiled by him or who shall wilfully and without reasonable cause insert in any such list the name of any person not entitled to be a voter; or . (6) Who acting imder the. provisions of sections 27 to 45 both inclusive hereof shall wilfully and without reasonable cause refuse to make out any list of voters or who shall wilfully and without reasonable cause neglect to insert in the register the application of any person who claims to be entitled to be a voter and shall have compiled with all the provisions of this Act. necessary to entitle the application of such person to be received and entered "in the register or who shall wilfully and without reasonable cause insert in any such register the name of any person not having applied for registration or who wilfully places on the list of objections the name of any person against whom no objection shall have been filed; or (c) Who shall wilfully neglect to publish any notice, post any list or decline to give a copy of the same to any person entitled thereto or who shall wilfully refuse or neglect to make the return and deliver or transmit the books and documents to the registrar, revising officer or clerk of the Executive Council as required by this Act or who is guilty of any other wilful misfeas- ance or malfeasance or wilful act of opiission or commission in contravention of the duties of his office; shall for every such act or omission be liable to a penalty not exceeding $200 and to imprisonment for a term not exceeding six months. 648 ELECTIONS Cap. 3 1909 (2) Any deputy registrar who wilfully and corruptly deposes, Penalty for swears to or makes any false statement as to any fact, matter or thing referred to in the affidavit (form 20) shall in addition to any penalty provided for by law be liable to a penalty not exceeding $200 and to imprisonment for a term not exceeding six months. 87. For the purpose of making and revising of voters' lists Electoral hereunder the electoral divisions for which lists are to be made ^'""^ or revised shall be the electoral divisions set out in the schedule , to the Act of the present session intituled "An Act respecting the Legislative Assembly" whether such lists are to be made or revised before or after the said Act takes effect. ELECTIONS PENDING COMPLETION OF VOTEBS' LIST. > 88. Until lists of voters shall have been completed and' revised J^J^V^^j^^ in accordance with this Act, the provisions contained in sections elections 88 to 104 both inclusive of this Act and the provisions of this Act, having to do with the manner in which disputed ballots are to be dealt with shall to the extent to which the same are apphcable apply in the case of an election under this Act. 89. Upon the receipt of the returning officer of the writ for Subdivision the election he shall subdivide the electoral division into as manydiT^on"^ polling subdivisions as he deems necessary for the convenience ^^^^^^ of the voters. 90. The Lieutenant Governor in Council may appoint Enumerators enumerators to make Usts of the voters in the electoral division S'euteMnt'"' (2) If such appointments have not been made before the inakevoters' issue ,of a writ for the election the returning officer upon'"*** receiving such writ conjointly with a justice of the peace resident in or near the electoral division or two voters of such division, one of whom shall be a notary public or commissioner for taking affidavits in the province, neither of the number being the candidate shall appoint under their hands a competent and reliable person to be enumerator for any one or more polling subdivisions of such electoral division. (3) The returning officer shall see that no polling subdivision is omitted to be included in some one of such appointment. 91. Every enumerator shall before acting as such take theoathof oath of office (form 54). enumerator 93. Each such enumerator shall immediately upon his having List of voters taken the oath of office complete a list of the persons qualified *'^*""™*™*°'' as voters to vote at the election then pending for the polling subdivision or each of the polling subdivisions for which he has been appointed; and he shall make three plainly written copies thereof with the names of the voters alphabetically arranged giving the occupation and residence of each voter (form 55). 93. Each enumerator shall complete, date at his place of'^**?''^ residence and sign the copies of the voters' list or lists as aforesaid*"" "" eight days before the polling day; two of the said copies for 649 1909 Cap. 3 ELECTIONS each polling subdivision he shall forthwith post up in two of the most public places within such poUing subdivision and the other he shall retain for revision. otSct"?" (2) 0°® °^ *^^ places where copies of the list are to be so posted spicuous place Up shall be the post office nearest to the place appointed as poUing station for the polling subdivision or if there is no such post office a conspicuous place outside and adjoining the main entrance to such polling station. (3) The enumerator shall attach to each of the two copies posted up by him a written notice signed by him designating a place and time where and when voters may conveniently find him between ten o'clock in the forenoon and four o'clock in the stfternoon on every day except Simday of the three days next before the polling day; and the enumerator shall attend for that purpose at the time and place so designated between the hours so mentioned on each of the said three days. Notice of place where enumerator may be found Enumerator may erase name of persons not qualified And correct description 94. If any enumerator at any time after posting up any voters' list and two days before the polling day is fully satisfied from representations made to him by any credible person that > the name of any qualified voter has been omitted from the voters' list of the polling subdivision to which such voter belongs he shall add such name to the copy of the list in his possession below hia own signature and shall attest such addition by his initials. (2) If the enumerator in like manner is fully satisfied that there is on the list the name of any person who is not qualified as a voter in such polling subdivision he may draw erasing lines through such name and write his own initials opposite thereto in the column for remarks. (3) If the enxmierator finds the occupation, addition or residence of any voter to be inaccurately stated in the list he may make the necessary alteration and affix his initials thereto in like manner. Attestation of list of voters 95. Every eniunerator having revised and corrected such retained copy of each voters' list compiled by him if he derans such correction necessary as provided in the next preceding section shall write at the foot of such copy and close to the last name thereon two days before the polling day a certificate in the form of the second certificate contained in form 55. List to be 96. The enumerator shall deliver the voters' list so certified deputrreturn- forthwith or before eight o'clock in the morning of the poUing ing officer (jg^y ^q ^}jg deputy returning officer for the polling subcfivision to which it relates; and such list as received by such deputy returning officer shall be the voters' list for such polling sub- division subject to be further corrected on the polling day as hereinafter provided and shall be and constitute the polling list within the meaning of this Act. When certain 97. Any deputy returning officer, candidate, agent or poll agentlmay, clcrk who bclongs to a polliug subdivision other than the one Btation*s''whiire ^t which he is employed on the polling day shall be permitted employed to vote at the polliug place where he is so employed provided he produces a certificate from the enumerator of the polling subdivision to which he belongs that he is a qualified voter in 650 ELECTIONS Cap. 3 1909 such polling subdivision which certificate such enumerator shall give gratis to any qualified voter who is so stationed outside of his polling subdivision. (2) In issuii^ such certificate every enumerator — (a) Shall not issue more than five certificates for use in any one polling subdivision to agents of any candidate; (6) Shall mention in such certificate the date of issue and sign such certificate; (c) Shall mmiber consecutively in order of issue any such certificate; (d) Shall not issue in blank any such certificate. (3) Each such certificate shall contain in writing the name of the person to whom it is issued and shall state that such person is a qualified voter, the poUing subdivision in which he is entitled to vote and if he is a deputy returning officer, agent or poll clerk the polling place for which he is appointed. , 98. In case any vote is recorded as provided in the next Entry in preceding section in a polling division other than that in which™" "^^^ a voter resides the voter shall file with the deputy returning officer the certificate provided for in the said section and there shall be entered in the poll book opposite the voters' name in the coliunn for remarks a memorandum stating that he has voted- under such certificate and stating the particular office or position which the voter is filling at the polling place. 99. Every deputy returning officer may and shall when heAdminiBtration is required so to do by any candidate or agent of a candidate eieStore*" administer to any voter the oath (form 56). 100. The deputy returning officer shall while the poll is open Oath to voter if requked by any person whose name is not on the voters' list ^ot"™ St"" administer to such person the oath (form 56); and such oath having been taken the deputy returning officer shall at once cause such person's name to be added to the voters' list with the word "sworn" ;written thereafter. 101. Every person whose name is on the voters' list unless Voter refuane sworn as in the next preceding section provided shall before *°''*°''°™ being permitted to vote if required by any candidate, agent or voter take the oath (form 56) and if he refuses to take the same erasing lines shall be drawn through his name on the voters' list and in the poll book if such name has been entered in the said book and the words "refused to be sworn" written thereafter; and any person whose name is so erased shall not be permitted to vote at the said election. 103. The poll clerk shall make such additions, alterations and ^°"«<'*»o'» erasures in the voters' list and such entries in the poll bookSlt*^'™**"' as the deputy returnmg officer directs him to make as is required by any provision in sections 88 to 104 both inclusive of this Act. 103. Every voter shall be entitled to vote whose name is which voters on the voters' list and has not been erased therefrom in accordance °^^ ''°** . with the foregoing provisions of sections 88 to 104 both inclusive of this Act. 651 1909 Cap. 3 ELECTIONS Persons entitled to vote 104. For the purpose of an election held under the provisions of sections 88 to 104, both inclusive hereof, the following persons only shall be entitled to vote, that is to say: All male persons of the full age of twenty-one years who are British subjects by birth or naturalization, who are not Indians and who have resided in Alberta for at least one year and in the electoral division in which they seek to vote for at least three months immediately preceding the date of the issue of the writ of election and who are not disqualified under any of the provisions of this Act: Provided that except as herein otherwise provided any elector may only vote at the polling station of the polling division in which he is resident at the time of voting. ^pointment of day for holding PROCEEDINGS PRELIMINAKY TO ELECTIONS. Dates for Nomination and Polling. 105. Except in the electoral divisions of Athabasca and Peace River when an election is to be held the Lieutenant Governor in Council may appoint a day not more than 20 nor less than 16 days from the date of the writs of election for the nomination of candidates and the seventh day after the nomination shall be the day on which the polling shall take place where a poll is granted. (2) In the electoral divisions of Athabasca and Peace River the returning officer shall fix a day for the nomination of candidates and also the day and place for holding polls; the nomination in the said electoral divisions shall take place not less than 14 days after the proclamation required by section 121 hereof has been posted up, neither the last day of J;he posting it nor the day of nomination being reckoned; and the day for holding the polls shall be as early a date thereafter as possible, ■ but not less than 14 days after the nomination, and at a general election it shall, if possible, be the same day as that fixed by the Lieutenant Governor in Council for the other electoral divisions but not sooner. Date to be same in all electoral divisions 106. Except in the electoral divisions of Athabasca and Peace River, in the case of a general election the nominations shall be held on one and the same day for all electoral divisions and the respective days for the nomination and for the polling shall be stated in the proclamation for the election. dlte°on°sam" ^^^ ' Except in the writs for the electoral divisions of Athabasca day and Peace River the writs for a general election shall be dated on the same day. Form of writ of election 108. A writ of election shall be in form 25, and except in the writs for the electoral divisions of Athabasca and Peace River shall state the respective days for the nomination and for the polling and shall bear date and be returnable on such day as shall have been fixed by the Lieutenant Governor in Council. 652 ELECTIONS Cap* 3 1909 POEMS, ETC. Papers and Forms to be sent by Clerk of the Executive Council to Returning Officer. 109. Before any general or other elections the clerk of the Notices aa to Executive Council shall procure to be printed in conspicuous senftoretum- characters a notice as to secrecy (form 26) and shall transmit j|g^°^°«'^'^jj,jjg by post to the returning officer of every electoral division such number of copies as he may deem sufficient to supply every deputy returning officer with five copies; and the deputy returning officer shall post up one copy in a conspicuous place outside the polling place, and one copy in a conspicuous place within the polling place and he shall see that they remain so posted up from the opening to the close of the poll. (2) The notice may be separated from or added to the directions for the guidance of voters in voting (form 40). 110. The clerk of the Executive Council shall also procure Forms, etc., the forms other than the proclamation of the nomination prescribed *° ^^^^^^ by this Act for each electoral division in sufficient number for Executive the requirements of the election, the label mentioned in subsection ^°™'"' (2) of section 234 and such stationery as may be necessary and shall send the same to the returning officer forthwith after the issues of the writ. 111. Iromediately after the issue of the writ the clerk of the cierk of the Executive Council shall supply the returning officer with — coSS^Yo 1. A sufficient number of blank poll books (form 27) for theEJPg'/^" purposes of the election, having regard to the number of polling voters' lista places within the electoral division, containing the following blank forms: (a) Commission of deputy returning officer; (b) Oath of deputy returning officer; (c) Commission of poll clerk; (d) Oath of poll clerk; (e) Oath of secrecy; (/) Schedule for "Notes of Objections" to ballot papers under section 188; (g) Statement of the poll after counting the ballot paper; Qi) Ballot paper account; (i) Oath of deputy returning officer after closing the poll; (j) Oath of poll clerk after closing of poll; (k) Forms of notice under section 177; (J) Summonses to witnesses under section 197; 2. A copy, certified by him, of the list of voters for each polling subdivision of the electoral division together with a copy of the notice (form 28) setting forth the limits and boundaries of each polling subdivision. 112._ There shall be transmitted to the returning officer withTrarsmiasion the writ of election such number of copies of this Act and of*^™'"™''^ any Acts amending the same as will be sufficient to supply him ^piefof* and each deputy returning officer with one copy at least; and"^'*"' every copy shall contain an alphabetical index. 653 1909 Cap. 3 ELECTIONS BETUHNING OFFICERS. tPfetSrSlT ^^S- A commission shall not be required for the appointment officer of a returning officer but the direction of a writ of election to a person named therein as returning officer shall be a sufficient appointment. dMtioS ■'■■'•^* Every writ of election shall be addressed to such person to whom' being a resident of the electoral division for which the election ^"^ is to take place as the Lieutenant Gpvemor in Council may appoint. Sca^aoity 115. If the person to whom the writ is addressed dies or refuses to act to act or is absent or incapacitated or unable from any cause to act the Lieutenant Governor in Comicil may appoint some other person t» be returning officer. d^ctorto 116. If a writ has been issued to a person whose appointment peraon whose is afterward superseded or to a person in whose stead a returning uSSseSientiy officer has been appointed under the pi-ovisions of the next superseded preceding section a new writ may be issued or the new returning officer may act under the writ already issued as if the same had been addressed to him and the validity of the proceedings had or taken imder the first appointment shall not be affected by the new appointment; but the new returning officer may appoint a new election clerk and new deputy returning officers if he thinks fit in place of the .persons, if any, appointed to such offices by the person previously named as returning officer. Persons 117. Noue of the persons hereinafter mentioned shall be being retuSng appointed or shall act as returning officer, deputy returning officers, etc. officer, election clerk or poll clerk — (a) Members of the Executive Council; (6) Members of the Parliament of Canada or of the Legislative Assembly; (c) Ministers, priests or ecclesiastics imder any form of profession of religious faith or worship; (d) Judges of Dominion or provincial courts; • (e) Persons who have at any time been found guilty by a competent tribunal of corrupt practices or who have been convicted by any competent tribunal of any offence or dereliction of duty in violation of this Act or of any other Act previously in force in this province or in the North-West Territories relating to elections; (/) Persons convicted of any indictable offence. Penalty (2) If any such person acts as returning officer, deputy returning officer, election clerk or poll clerk he shall be guilty of a violation of this Act and shall incur a penalty of $200. Exempted 118. None of the persons hereinafter mentioned shall be persons obliged to act as returning officer, deputy returning officer, election clerk or poll clerk — (a) Physicians and surgeons; (6) Persons sixty years of age or upwards; (c) Persons who have within the five years, immediately preceding the date of the writ served as returning officers at any election to the Legislative Assembly of Alberta. 654 ELECTIONS Cap. 3 1909 119. Every person not disqualified by this Act who T^f uses PeMUyf or^^ to perform the duty of returning officer after having received"""* the writ of election shall incur a penalty of $200 unless having a right to claim the exemption conferred by the next preceding section he has claimed exemption by "letter setting forth the grounds of such exemption forwarded to the clerk of the Executive Council within two days next after the receipt of the writ of election. PROCEEDING ON THE RECEIPT OF THE WRIT. 130. The returning officer shall forthwith on receiving the Endorsement writ endorse thereon the date of its receipt and take and subscribe ™ ""* the oath of office (form 29). PROCLAMATION OF RETURNING OFFICER. 131. Within the shortest possible time after the reception proclamation of the writ in the electoral divisions of Athabasca and Peace ^^J^J"™™* River and in other electoral divisions at least 8 days before the day .fixed in the writ for the nomination of candidates, the returning officer shall publish by proclamation imder his hand in the English language (form 30) — (a) The place and timie fixed for the nomination of candidates; (6) The day on which the poll for taking the votes of the voters is to be held in case a poll is granted; (c) The numbers, names and fully described boundaries of the polling subdivisions of the electoral division and the places at which the several polls shall be held; (d) The time when (which shall except in the electoral divisions of Athabasca and Peace River be the tenth day after the date fixed for the polling) and the place where he will add up the number of votes given to the several candidates. (2) The proclamation shall except in the electoral divisions of Athabasca and Peace River be posted up in at least two conspicuous places in each polling subdivision in the electoral division at least eight days before the nomination day neither the last day of posting up nor the nomination day being reckoned: Provided that in a city, town or village the proclamation shall be posted up at the city or town hall or other public place where the meetings of the municipal council are held, at every post office and in at least one other pubUc place in each polling subdivision. (3) The returning officer may make or cause to be made upon the proclamation so posted corrections of obvious errors and omissions at any tnne up to forty-eight hours of the time fixed therein for the nomination of candidates. (4) In the electoral divisions of Athabasca and Peace River the time when and the place where the returning officer will add up the number of votes given to the several candidates shall be fixed by the returning officer and shall be the shortest possible time after the date of the election. (5) In the electoral divisions of Athabasca and Peace River the proclamation shall be posted up in a conspicuous position at or near the Missions and the posts of the Hudson's Bay Company and the Revillon Brothers Company. 655 1909 Cap. 3 ELECTIONS Place of nomination Unforeseen dela:^s provided for 133. The place for the nomination of candidates shall be the court house, city or town hall or some other public or private building in the most central or the most convenient place for the majority of the voters of the electoral division and the time appointed for the nomination of candidates shall be from twelve o'clock noon imtil two o'clock in the afternoon of the day fixed for that purpose. 133. Where from any cause the proclamation could not be posted up so as to leave the required delay. between the posting up and the nomination day or he is unable to hold the nomination on the day fixed for that purpose the returning officer may by proclamation under his hand fix another day for the nomination which shall be the nearest day practicable after allowing the required delay between the posting up of the proclamation and the nomination day. (2) The proclamation shall be in the like form and shall be posted up in the like manner as provided in section 121. (3) The polling day shall be the seventh day after the nomination day. (4) The returning officer shall with his return make to the clerk of the Executive Coimcil a report of the cause which occasioned the postponement of the election. ELECTION CLERKS. itetuming 134. The returning officer before the nomination day shall appdnt°an appoint by commission under his hand (form 31) an election election clerk clerk (2) The returning officer may at any time during the election in the same manner appoint another election clerk if the one so appointed dies or refuses or neglects or is unable to perform his duties. (3) The election clerk shall assist the returning officer in the performance of his duties and if the returning officer dies or refuses or is disqualified or imable to perform his duties and has not been replaced by another shall act in his stead as returning officer. 135. The election clerk shall before entering upon his duties take and subscribe the oath (form 32). 136. A person appointed election clerk who refuses to accept the office or who having accepted it refuses or neglects to take and subscribe the oath or to perform the duties of election clerk shall incur a penalty not exceeding $40. Appointanent 137. The appointment and oath of an election clerk shall be on writ" be either endorsed on or attached to the writ. Oath of election clerk Penalty for refusing to act Duties and liabilities when acting as returning officer 138. An election clerk whose duty it becomes to act in the stead of the returning officer shall be subject to the same penalties as the returning officer for his neglect or refusal to perform the duties and to fulfil all the obligations of that office in like maimer as if he had been appointed returning officer and shall not be required to possess any other qualification or to take the oath (form 29). 656 ELECTIONS Cap. 3 1909 BALLOT BOXES. 139. It shall be the duty of the clerk of the Executive Council to transmit to the returning ojficer a sufficient number of ballot boxes required for the purposes of the election. (2) The returning officer shall two days at least before polling Ballot boxes day deliver one of the ballot boxes to each deputy returning *° ''^ '""■""''°* officer appointed for the purposes of the election. (3) The ballot box shall be made of durable material, provided How made with lock and key so constructed that the ballot paper can be deposited therein and cannot be withdrawn without unlocking the box. 130. The property in the ballot boxes , ballot papers, marking Property in instruments, books, papers and documents procured for or usedpl^era^^etq.? at an election shall be in His Majesty. t° V ■° hib 131. A deputy returning officer who has not been supplied Duty of deputy with a ballot box within the time hereinbefore prescribed shall offi^^f to forthwith procure one to be made. ^<^°* ^°^ 133. After the close of the election the returning officer shall Return of deliver the ballot boxes used in the election to the clerk of thCto'deArf™ Executive Council and the boxes shall be preserved by him for S"^ Executive .*...,. -^ ^ Council use at future elections. f POLLING PLACES. 133. The returning officer on receiving the writ shall fix andPoWifipiaje provide a polling place for each polling subdivision in the mostSirtsion*"' ""^ central or most convenient place for the voters: Provided however that whenever the greater convenience of voters would be suited thereby the polling place for a polling subdivision not included within the limits of a city or town but adjacent to a city or town may instead of being fixed and provided in such polling subdivision be fixed and provided in the city or town which it so adjoins. (2) The returning officer is hereby vested with authority to take and use as a polling place any school house the property of any school district organized by virtue of any Act if such school house is convenient for that purpose. (2) (a) Whenever it shall transpire that no place is available in which to hold a poll, the returning officer may cause a suitable place, to be built or erected for the purpose of holding such poll, in which event, notwithstanding the provisions of the next sub- section, the actual cost thereof shall be paid by the Provincial Treasurer. 1913, c. 9, s. 21. (3) The actual cost of each polling place not exceeding $4 shall be paid to the returning officer by the Provincial Treasurer out of the general revenue fund of the province and shall be disbursed by the returning officer to the officers and persons entitled to the same and he shall account therefor and report to the clerk of the Executive Council. (4) The building in which the poll is held shall not be a place p„,,i„ where intoxicating liquor is sold and there shall be free access "otto^bet"^ to the poll for every voter. Fntori'atiS 657 liquor is sold 1909 Cap. 3 ELECTIONS (5) Whenever it shall transpire that by reason of some unforeseen emergency it is foimd not to be practicable to hold the poll in the place so provided for the returning officer may, after having given notice by registered letter or telegram to the candidates at the election of his intention to chaise the poll at such place to another named place in the same polling subdivision and of the reason therefor, fix another polling place for such subdivision as near as practicable to the place first provided; and m such event the retvimin'g officer shall affix or cause to be affixed to the place first provided a notice clearly and distinctly stating the reasons for the change of the polling place and the place to which such poll has been changed, and such new polling place so fixed shall for all purposes be taken to be the polling place for such. polling subdivision in the same way as though it had originally been fixed as such iu accordance with the provisions of this Act. pom^°piMea 1S4:. Where a polling subdivision has more than two hundred whCTe more voters accordiug to the list of voters, the returning officer shall in^?e™°" ° provide separate and additional polling places according to the voters totskl number of quaUfied voters in the same building or in separate buildings as near to one another as possible for the polling of the voters in such polling subdivision and so that not more than one hundred and fiJFty and when practicable not fewer than one hundred qualified voters' names shall be on the list for each polling place. Separate lists to be prepared in such case Polling stations to be designated by initial letters Deputy returning officer for each station 135. The returning officer in such cases shall prepare or cause to be prepared from the list of voters for the polling subdivision a separate list for each polling place arranged in alphabetical order according to the initial letter of the surname of each voter. (2) Each separate polling place shall be designated by the initial letters of the surnames of the voters on the Hsit who are to vote in such polling place in the foUpwing manner that is to say: From A to K and from L to R and from S to Z or as the case may be. (3) Every voter the initial letter of whose surname is included within the letters of the alphabet designating a polling place and contained in such list shall vote in the polling place so designated. (4) The returning officer shall appoint a deputy returning officer for each polling place and shall deliver to such deputy in due time a list certified by him to be a correct list of all voters on the list of voters whose surnames commence with letters of the alphabet by which such polling place is designated. Compartment for voters to mark ballots 136. Every polling place shall be furnished with compart- ments in which the voters may mark their ballot papers screened from observation; and it shall be the duty of the returning officer and the deputy returning officer respectively to see that a sufficient number of compartments is provided at each polling place. 658 ELECTIONS Cap. 3 1909 NOMINATION. Procedure by Returning Officer. 137. At any time after the date of the writ of election and Time and before two o'clock in the afternoon of the day fixed for the SSSSfatfon nomination any four or more voters may nominate a candidate by signing before any person authorized to administer oaths within the province or before the returning officer and causing to be filed with the returning ofiicer a nomination paper (form 33); and any vote given at the election for any person other J°j.^°8 for than a candidate so nominated shall be null and void. nominated (2) The nomination paper shall state an address within Alberta Address for at which legal process and notices or other documents issued '"""^ or. to be served either under this Act or under The Controverted Elections Act may be served upon the candidate; and leaving a copy of such process, notice or other document at such address shall be deemed equivalent for all purposes to personal service upon him of such process, notice or other document. 138. A nomination paper shall not be valid or be acted upon Nomination by the returning officer unless — '"'^*" (o) It is accompanied by the consent in writing of the person Consent of therein nominated (except when such person is absent °°'°'^'^*° from the electoral division when such absence shall be stated in the nomination paper) ; and (6) A sum of $100 is deposited in the hands of the returning Deposit of jioo officer at the time the nomination paper is filed with him. (2) The returning officer shall (the foregoing requirements Receipt for of this section being complied with) give his receipt for thepa^"**"™ nomination paper; and the said receipt of the returning officer shall in every case be sufficeint evidence of the production of the nomination paper, of the consent of the candidate and of the payment herein mentioned. (3) The returning officer shall accept the sum of money How deposit hereinbefore mentioned if it is tendered— may be made (a) In gold coin; (b) In Dominion of Canada notes; (c) In the bills of any chartered bank doing business in Canada, or a cheque for such amount drawn upon and accepted by such bank; (d) Partly in one and partly in another or others of the descriptions of moneys herein mentioned; but he will not be obliged to accept such tender if any part of it consists of descriptions of money other than those herein specified. (4) The sum so deposited by any candidate shall be returned J^^^g?,, to him in the event of his being elected or of his obtaining adep?siTmay number of votes at least equal to one-half the number of votes ''"°'"°°'' polled in favour of the candidate elected as decided in the final count, or in the event of his withdrawal as hereinafter provided within twenty-four hours after the nominations have closed. (5) The sum so deposited shall in the case of. the death of^?5^=J. any candidate after being nominated and before the closing candidate returned 659 1909 Cap. 3 ELECTIONS of the poll be returned to the personal representatives of such candida,te. (6) If such candidate has not obtained the number of votes in subsection (4) hereof mentioned the said deposit shall be transmitted by the returning officer to the clerk of the Executive Council and by him deposited to the credit of the general revenue fund of the province. NOMINATION PEOCEEDINGS. Procedure of hustings Closing nominations 139. Every returning officer shall on the date of nomination and at the place fixed as aforesaid proceed to the hustings (which shall be at such place that all the voters may have free access thereto) and at the hour of twelve of the clock noon shall read or cause to be read publicly the writ of election and shall forthwith read in an au(hble voice the nominations which he has received, and from time to time until two o'clock of the day shall so read further nominations as he receives them. 140. At the hour of two o'clock in the afternoon the returning officer shall declare the nominations closed and shall announce in an audible voice the names of the several candidates. Procedure when only one candidate nominated 141. If at the close of the time for receiving nominations only one candidate for the vacancy to be filled remains in nomination, the returning officer shall then and there — 1. Declare the said candidate duly elected; 2. Give such candidate or any agent of such candidate, if the candidate is not present, a certificate that such candidate has been duly elected; 3. Forward to the clerk of the Executive Council the writ of election, together with a certificate in writing declaring such candidate duly elected and all ballot boxes, poll books and other books, forms, seals, materials and things which have been sent to him to be used in the election and which have not been used. when'^re ^*^- ^^ ** *^® ''^ose of the tunc for receiving nominations than one more than one candidate for the vacancy to be filled remains no^nated iu nomination, the returning officer shall announce the day upon which a poll will be held and the day, hour and place at which the ballots will be counted which shall be the tenth day after the day fixed for the polling; and shall deliver to every candidate or to any person authorized in writing by the candidate or any of his nominators to act in his behafi a list of the candidates nominated. 1910, c. 2, s. 22. ?ffiSo*^ (2) The returning officer shall announce at the place and on pubUsh names the day of nomination and on or immediately after the day rf aAnts°°^°° of nomination shall publish the names and addresses of their official agents. The publication shall be in a newspaper published within the electoral division or in case no newspaper is published within the division then in the newspaper published nearest thereto. Sithteiw^ws*'' 1*^- -^^y candidate nominated may withdraw at any time nomination after Ms nomination and before the closing of the poll by filing with the returning officer a declaration in writing (form 34) 660 ELECTIONS Cap. 3 1909 to that effect signed by himself; and any votes cast for a candidate who shall have so withdrawn shall be null and void; and in case after such withdrawal there should remain only one candidate for the vacancy to be filled then it shall be the duty of 'the returning officer forthwith to return as duly elected the candidate so remain- ing and to proceed as directed in section 141 of this Act: Provided always that except as hereinbefore otherwise provided §" d^oait'**'* if a candidate withdraw at any time after his nomination he shall forfeit the money deposited by him and the returning officer shall transmit the same to the clerk of the Executive Council as provided in section 138 hereof. DEATH OF A CANDIDATE. 144. If a candidate dies after being nominated and before Death oi the close of the poll the returning officer shall fix new days for"*" **^ the nomination of candidates and for polling; and the nomination day shall be the nearest day practicable after allowing the required delay between the. posting up of the proclamation and the nomin- atioA day; and with his return he shall make to the clerk of the Executive Council a report of the cause which occasioned the postponement of the election. ELECTION NOTICES. 145. In case a poll is required the returning officer shall with Election notice the least possible delay after the close of the nomination cause to be posted up at aU the places where the proclamation in form 30 was posted up a notice (form 35) of the holding of such poll indicating the names, residences and occupations of the candidates nominated in the order in which they are to be printed on the ballot papers. (2) The returning officer may make or cause to be made upon the election notice so posted corrections of obvious errors and omissions at any time up to forty-eight hours of the time fixed by the proclamation for the opening of the poll and notice thereof shall be given by the returning officer forthwith after the same are made to the nominated candidates by registered letter or telegram addressed to the address given for such candidates in their respective nomination papers. POLLING. Proceedings Preliminary to the Poll. Deputy Returning Officer. 146. The returning^ officer by a commission imder his hand^P|°'^*™»''* (form 36) shall appoint a deputy returning officer for every ?etu?mU polling place. ^®"'®"' (2) No person shall be so appointed who is not a voter in Deputy the electoral division wherein the polling place for which he isoffiS^tobea appointed is situated. voter in electoral division 147. Every deputy returning officer before acting shall takeOathof and subscribe the oath (form 37). "^"^^ ^*°- 661 1909 Cap. 3 ELECTIONS Penalty for refusing to Serform uties of office 148. A person appointed a deputy returning officer who refuses to accept the office or who after having accepted it refuses or neglects to take and subscribe the oath or to perform, the duties of a deputy returning officer shall incur a penalty not exceeding $100. Death or absence of deputy returning officer 149. In case of the death, illness or absence of a deputy returning officer, or his refusal or neglect to act the returning officer may by commission as hereinbefore provided appoint another deputy returning officer to act in his stead; and the appointment and oath of the person so appointed shall be endorsed upon or attached to the poll book. MATERIALS TO BE FURNISHED TO DEPUTY RETURNING OFFICER. Supplies to be furnished to deputy returning officer 150. The returning officer shall deliver to each deputy returning officer two days at least before the polling day a blank poll book, forms of oaths to be administered to voters, notices to appear .before the court of inquiry, summonses to witnesses, envelopes and sealing wax and a screen if one is required. BALLOT PAPERS. ^oS'toiee 151. The returning officer shall procure to be printed on the to printing of paper fumished to him as hereinafter provided a sufficient number of ballot papers not being less than the total number of voters in the electoral division. ballots Forms of ballots Weight ofl Paper furnished to printer Numbering of ballot paper Printer's name Affidavit of printer (2) The names of the candidates alphabetically arranged in the order of their surnames shall be printed on the ballot paper and it shall be provided with a counterfoil and a stub, and there shall be a line of perforations between the ballot and the counterfoil, and between the counterfoil and the stub, the whole as in form 39. (3) The ballot shaU be printed upon thick writing paper of the following weight: If foolscap paper is used it shaU be of a weight not less than sixteen pounds to the ream; if large post paper is used it shall be of a weight of not less than twenty-four pounds to the ream. (4) The paper required for the printing of the ballot papers shall be furnished to the returning officer by the clerk of the Executive Council when the writ for the election is transmitted to him, or as soon thereafter as possible. (5) The ballot papers shall be numbered on the back of the stub and the counterfoil, the same number being printed or written on the stub as on the counterfoil and shall be bound or stitched in books containing twenty-five, fifty or one hundred ballots as may be most suitable for supplying the polling sub- divisions proportionately to the number of voters in each. (6) All ballot papers shall be of the same description and as nearly alike as possible. (7) The ballot papers shall bear the name of the printer who prints them. (8) The printer shall with the ballot papers deliver to the returning officer an affidavit (form 38). 662 ELECTIONS Cap. 3 1909 153. The returning officer shall furnish each deputy returning BaUot papers, officer with a sufficient number of ballot papers to supply thefuSuehe/by voters on the polling list of his polling place or polling sub-^^^°s division and a certificate of the number of ballot papers with the necessary materials for voters to mark their ballot papers. (2) Every ballot paper shall be stamped by the returning BaUots^to^ officer with a stamp furnished him for that purpose by the clerk ° ^ "''^^^ of the Executive Coimcil, the impression of the stamp being so placed on the ballot paper that when the latter is folded by a voter the impression can be seen without the ballot paper being opened. (3) The stamp shall be specially designated and made for Design of the purpose of each election and shall be forwarded by the clerk °*''°"' ' of the Executive Cotmcil to the returning officer so as to reach him on or about the nomination day. (4) The stamp shall show the name of the electoral division stamp to and the year of the election and shall be of such design thatofekotora! an impression made from it shall be readily recognizable. division, etc. 153. The returning officer shall furnish each deputy returning Copies of officer with at least five copies of the printed directions (form 40) voters 'to'be' for the guidance of voters in voting and the deputy returning [^'J^^^'^ officer shall before or at the opening of the poll on the day of returning polling cause printed directions to be posted up in conspicuous" "^"^ places outside of the polling place and also in each compartment of the polling place. POLL CLERK. 154r. The deputy returning officer shall by commission under Appointment his hand (form 41) appoint a poll clerk to assist him in taking" ^° the poll; and the poll clerk before acting shall take and subscribe the oath (form 42). (2) Every person appointed poll clerk who refuses to accept ^ei^aity the office or who after accepting it refuses or neglects either to take and subscribe the oath or to perform the duties of a poll . clerk shall incur a penalty not exceeding $40. 155. The poll clerk shall assist the deputy returning officer PoUderk to in the performance of the duties of his office and shall obey hisreturm^^ orders. °®'*'' 156. If the deputy returning officer refuses or neglects to To act perform the duties of his office or from any cause becomes unable retu?m^ to perform them and if no other deputy returning officer appointed "S^n cases by the returning officer appears at the polling place, the poll clerk imder the same penalties as are hereinbefore imposed in like cases on a deputy returning officer shall act as deputy returning officer and perform all the duties and be subject to all the obligations of that office without taking the oath of a deputy returning officer. 157. Where a poll clerk acts as deputy returning officer heinwUchcase may appoint by a commission under his hand (form 41) another anS/^''"^* person as poll clerk to assist him in the performance of the duties p°" "'*''' of his office and may administer to him the oath and such commis- sion and oath shall be endorsed on or attached to the poll book 663 1909 Cap. 3 ELECTIONS Deputy returmng officer may appoint another poll clerk in certain caaes 158. If a poll clerk refuses or neglects to perform the duties of his oflBlce or from any cause becomes unable to perform them the deputy returning officer may appoint another person as poll clerk and the commission and the oath shall be endorsed on or attached to the poll book. CONSTABLES. Constable at polling place 159. The deputy returning officer may appoint a constable to preserve order at the polhng place; and every constable so appointed shall take and subscribe before the deputy retiu-ning officer or before some other person entitled to adininister the same an oath in the following form: "I, , having been appointed constable to preserve order at the polling place at in the electoral division of do solemnly swear that I wiU truly, faithfully and impartially perform the duties appertaining to the said office according to the best of my skill and ability. So help me God." WHERE VOTERS TO VOTE. Where voters shall vote Penalty Deputy returning officers and agents may vote at polling places where they are employed Officers and agents voting where stationed Certificate to agent, etc., to vote where stationed 160. The provisions of this and the next following two sections do not apply to an election held pending completion of voters' lists. (2) Each voter shall subject to the provisions of the next following section be entitled to vote only at the polling place of the polling subdivision upon the list of voters for which his name is entered as such voter and no other. (3) A person who votes in contravention of this section shall incur a penalty not exceeding $200. 161. The returning officer or election clerk on the request of any person entitled to vote who has been appointed deputy returning officer or poll clerk or agent of any of the candidates at a polling place other than the one where he is entitled to vote shall give to such person a certificate that he is .entitled to vote at the polling place where he is stationed during the polling day and the certificate shall bear the date upon which it is signed. (2) The returning officer or election clerk shall not give such Qertificate until he has ascertained by reference to the polling list that the applicant is entitled to vote and after giving such certificate he shall forthwith give notice in writing thereof to the deputy returning officer for the polling subdivision or polling place in which the applicant, appears by the polUng list to be entitled to vote, and the person to whom the certificate has been, given shall not thereafter be entitled to vote in such polling subdivision or polling place. (3) The returning officer or election clerk shall not be required to give a certificate under this section unless requested to do so at least twenty-four hours before the opening of the poll. (4) The certificate shall name the polling place at which the agent is to be permitted to vote and shall be signed by the returning officer or election clerk. 664 ELECTIONS Cap. 3 1909 (5) The returning officer or election clerk shall before delivering itetunrin^ the certificate enter in a list the name, residence and occupation a ust of perl^ of every person to whom he has given a certificate under this°^^g|°s^ section, the polling place at which such person is under the certifi- cate authorized to vote and the polling subdivision or polling place in or at which such person appears by the polling list to be entitled to vote and state therein whether the certificate is granted to him as deputy retiirning officer, poll clerk or agent and if as agent the name of the candidate for whom he is agent. The returning officer or election clerk shall also enter in the list the name of every person applying for a certificate to whom it was refused with the ground of refusal and if the last mentioned person claimed to be the agent of a candidate the name of the candidate and the list shall be open to inspection by a candidate or by his agent or by a voter. (6) A returning officer or election clerk shall not give certificates Limitations to more than two agents of the same candidate at one polling "ertig^atea"' place and he shall not give a certificate under this section except ^°^^^°^°* upon the personal or written request of the applicant; a returning officer or election clerk who gives a certificate in contravention of this subsection shall incur a penalty not exceeding $400. 163. On the piroduction of the certificate the voter shall have On production the right to vote at the polling place named therein; but the°frlto^ng^ certificate shall not entitle a voter there imless he has been actually °^<:e'^ engaged there as deputy returning officer, poll clerk or agent during polling day. (2) A person who receives a certificate whether as deputy Person reodv- returning officer, poll clerk or agent shall if required by thelo^takeoathof candidate or his agent before voting take the oath in form 43.g^f°^S^g (3) The oath shall be administered to a deputy returning Betoe whom officer by the poll clerk and to a poll clerk or agent by the deputy taken" returning officer. (4) The deputy returning officer shall enter or cause to be Entry on entered in the colunm for remarks in the poll book (form. 27)5J^^°gP^|°^ opposite the name, residence and occupation of every person anttonty of (including himself if he so votes) voting imder the authority * °*'^' °°'** of a certificate, the words "voted under certificate." (5) A person voting under the authority of a certificate shall Certificate to deliver it to the deputy returning officer before receiving histodlput"'* ballot paper. ^e^-^g| (6) The deputy returning officer shall enclose all certificates p""^""'"'''*'^ in an envelope. THE POLL. 163. In all polling places in cities the poll shall be opened Hours of at eight o'clock in the forenoon and shall be kept open until ''°*™^ six o'clock in the afternoon of the same day, and the votes shall be given by ballot. (2) In all polling places outside of cities the poll shall be opened at nine o'clock in the forenoon and shall be kept open until five o'clock in the afternoon of the same day, and the votes shall be given by ballot. 665 1909 Cap. 3 ELECTIONS 164. The deputy returning officer shall attend at the polling place at least fifteen minutes before the hour fixed for opening the poll. ' bXtebefore (2) Durfng such fifteen minutes agents and voters entitled opening to be present in the polling place during polling hours shall be ° "" entitled to have the ballot papers intended for use thereat counted in their presence before the opening of the poll and to inspect such ballot papers and all other papers, forms and documents relating to the poll. 5S'eSp°y ^d 1^.^' The deputy returning officer shall immediately before look anS seal it Opening the poll show the ballot box to such persons as are present in the polling place so that they may see that it is empty; and he shall then lock the box and place his seal upon it in such manner as to prevent it being opened without breaking the seal; and he shaH then place and shall keep the box on a desk, counter or table or otherwise so that it is raised above the floor in full view of all present and shall keep the box so locked and sealed. o5y fSJ^each i^G- Not morc than one voter for each compartment shall compartment at any One time enter the room where the poll is held and each voter upon so entering shall declare his name, place of residence and occupation which particulars shall be entered in the poll book by the poll clerk, a consecutive number being prefixed to the name. PersonBon 167. Subjcct to the provisious of sections 162 and 177 the be Sowed to deputy retm"ning officer shall not receive the vote of any person oaShifre*q^°d whose name is not entered on the polling list but shall receive the vote of every person whose name is entered thereon provided that such person if required by a candidate or his agent or by the deputy returning officer takes the oath (form 44). Admimstratxon 168. If a deputy returning officer votes at the polling place deputy return- at wMch he has been appointed to act the poll clerk or in his iSfp^i^^'* absence the agent of a candidate authorized to be present may administer to him the oath to be taken by a voter. Deputy 169. Where a deputy returning officer has reason to believe offiM?'m1ist that a person offering to vote is not a quaMed voter or has already orrtliJoMel™ voted or tenders his vote imder a, false name or designation or personates or represents himself falsely as being on the list the deputy returning officer shall administer the prescribed oath to the voter whether he has been required to do so or not. (2) A deputy returning officer who acts in contravention of this section shall incur a penalty not exceeding $200. mad1?n*°oLf ^'^* "^^^ P°^^ °^^^^ ^^^^^ enter in the poll book opposite the bo*oka3t^° name of each voter voting the word "voted" as soon as the voters ballot paper has been deposited in the ballot box and shall enter in the same book the word "sworn" or "affirmed" opposite the name of each voter to whom the oath has been administered and the words "refused to be sworn" or "refused to affirm" opposite the name of each voter who has refused to take any oath when he has been required so to do. 666 ELECTIONS Cap. 3 1909 171. A person who has refused to take the oath when required Voters refusing ,111. • 1 11 J J. to be sworn SO to do shall not receive a ballot paper or vote. (2) A deputy returning officer who receives such vote or causes the same to be received shall incur a penalty not exceeding $200 and shjill be liable to imprisonment for a term not exceeding six months. 112. Every person who is entitled to vote shall receive fro™^Pj^^,7oJ^bMk the deputy returning officer a ballot paper on the back of which ™b3aot'paper the deputy returning officer has previously put his initials so^^^g'^f™ placed as indicated in form 39 that when the ballot is folded they can be seen without opening it on the back of the counterfoil of which he has placed a number corresponding to that placed opposite the voter's name in the poll book. (2) The deputy returning officer shall also give the voter a black lead pencil for the purpose of marking Ins ballot which pencil shall be returned after using by the voter to the deputy returning officer. 173. The deputy returning officer shall upon request of the instructions voter instruct him how to mark and fold his ballot paper but*°^°*°" without inquiring or seeing for whom he intends to vote except in the case provided for by section 174. 174. The deputy returning officer shall upon request of any voter voter who is unable to read or is incapacitated by blindness jj^b^ndSf or other physical cause from voting in the manner prescribed**"- by this Act shall assist such voter by marking his ballot paper in the manner directed by such voter in the presence of the poll clerk and of the agents of the candidates or of the voter's representing the candidates in the polling place and of no other person. (2) The deputy returning officer shall require the voter making such application before voting to take before him tihie oath, (form 45). (3) The deputy returning officer shall enter in the coliunn for remarks in the poll book opposite the voter's name the reason why such ballot paper was marked by him. 175. Where a voter does not understand the English language voters who the deputy returning officer may employ an interpreter to translate ESisV''^*'' the oath as well as any lawful question necessarily put to the voter and his answers; and the interpreter shall take the oath following: "I swear (or affirm) that I will faithfully translate such oaths, declarations, questions and answers as the deputy returning officer shall require me to translate at this election. So help me God." (2) If no such interpreter is found or presents himself at the polling place the voter shall not be allowed to vote. 176. The voter on receiving his ballot paper shall forthwith Mode of proceed into one of the compartments of the polling place andfSSin^and there mark his ballot paper making a cross with a black lead gXtp^er pencil within the white space containing the name of the candidate for whom he intends to vote and shall then fold the ballot paper so that the initial and stamp on the back of it and the number 667 1909 Cap. 3 ELECTIONS on the counterfoil can be seen without opening it and hand it to the deputy returning officer who shall without unfolding it ascertain by examining his initials and the stamp and the nmnber of the counterfoil that it is the same ballot paper that he furnished to the voter and shall then in full view of all present including the voter remove the counterfoil and tear up or otherwise destroy it and place the ballot paper in the ballot box. 177. When a person whose name has been added to the voters' list vmder the provisions of section 100 of this Act is voting the deputy returning officer before receiving from him his marked ballot shall (if so requested by any agent or person representing any candidate) serve such person with a notice (form 57) to appear at a time and place to be named in the notice to answer to a charge of having voted contrary to the provisions of this Act and shall give a copy of such notice to the person or persons, so requiring such notice to be served. (2) The said notice may be given on behalf of one or more candidates. (3) The time appointed in such notice for such appearance shall not be less than two days after the poll day. (4) After serving the notice provided in the preceding sub- section the deputy returning officer shall — (a) Receive the ballot of the person desiring to vote; (6) Place it in an envelpoe marked "disputed ballot"; (c) Securely seal the envelope; (d) Write upon it the name and place of residence of the person and his mmiber as it appears in the poll book, the name and number of the polling place and his own name; and shall then (e) Deposit it in the ballot box. (5) The poll clerk shall enter in the poll book (in the next line below, the particulars hereinbefore provided regarding the voter) and a statement of — (a) His having been served with such notice; (6) The name of the person or persons at whose request the notice was served; (c) The name of the candidate or candidates on whose behalf he or they were acting; and (d) The place, day and hour where the person is required to appear. Voters to leave 178. The voter shall vote without undue delay and shall ^B°^b?e*^ leave the polling place as soon as his ballot paper has been placed in the ballot box. Exclusion 179. While a voter is in a compartment for the purpose of oo°mpa?tae^ marking his ballot paper no other person shall be allowed to enter the compartment or to be in a position from which he can see for whom the voter marks his ballot paper. Voter not to 180. A persou who has received a ballot paper shall not take from the"*''" it out of the polling place; and a person who receives a ballot Pj°^*°^ P'*"^' paper and leaves the polling place without delivering it to the deputy returning officer or returns his ballot paper declinijig to vote shall forfeit his right to vote and the deputy returning 668 ELECTIONS Cap. 3 1909 ofi&cer shall make an eatry'in the poll book in the column for remarks to the effect that such person received a ballot paper but took it out of the polling place or returned it declining to vote, as the case may be; and in the latter case the deputy returning officer shall immediately write the word "decUned" upon the ballot paper and shall preserve it to be returned to the returning officer. 181. If a person representing himself to be a voter applies voter^who for a baljot paper after another person has voted as such voter Ls^een^ he shall be entitled to receive a ballot paper and to vote after p™™^*«'* taking the oath and otherwise establishing his identity to the satisfaction of the deputy returning officer. (2) The name of the voter shall be entered on the poll book Name of and a note shall be made of his having voted on a second ballot tobl'entered paper and of the fact of the oath having been taken and of any™P°"''°°^ objections made on behaK of any and of which of the candidates. 183. A voter who has inadvertently dealt with his ballot paper Ballot p^er in such manner that it cannot be conveniently used shall uponspSit^" ^ returning it to the deputy returning officer be entitled to obtaiu another ballot paper and the deputy returning officer shall immediately write the word "cancelled" upon the first mentioned ballot paper and preserve it to be returned to the retximing officer. 183. A person who applies for a ballot paper shall by so doing what shau be be deemed to have tendered his vote or to have offered to vote; tender of a and a person who has placed or caused to be placed his ballot ™^"'^* paper in the ballot box or has delivered it to the deputy returning officer or poll clerk for the purpose of having it placed in the ballot box shall be deemed to have voted. 184. In addition to the deputy returning officer -the poll wio may be clerk, the. constable or constables, the interpreter or interpreters, ^a^f SI if any, the candidates and their agents not exceeding two in nuinber for each candidate and in the absence of agents two voters to represent each candidate on the request of such voters and no other shall be permitted to remain in the polling place during the time the poll remains open and at the counting of the votes. (2) An agent bearing a written authorization from the candidate shall always be entitled to represent him in reference to and to the exclusion of any two voters who might otherwise claim the right of representing such candidate. 185. Every voter shall on the day of polling for the purpose Right of of voting be entitled to absent himself from any service or ^"P^p*® *•! employment in which he is engaged or employed from the hour ""^ °''™*'°* of noon until the hoUr of three of the clock next thereafter and a voter shall not because of his so absenting himself be liable to any penalty or suffer or incur any reduction from the wages or compensation to which but for his absence he would have been entitled: 669 1909 Proviso Cap. 3 ELECTIONS Provided that this section shall not apply where a voter is by his employer permitted or allowed at any other period during the hours of polling reasonable and sufficient time and opportimity to vote. PROCEEDINGS AFTER THE CLOSE OP THE POLL. Duties of 186. Immediately after the close of the poll the deputy retoraag returning officer shall first place all the cancelled, and declined ctose of R^u ballot papers in separate envelopes and seal them up and shall then count the number of voters whose names appear by the poll book to have voted and make an entry thereof on the line immediately below the name of the voter who voted last, thus: "The nimiber of voters who voted at this election in this polling place is {stating the number)," and he shall sign his name thereto; then in the presence and in full view of the persons entitled to be present he shall open the ballot box and proceed to count the number of votes for each candidate giving full opportunity to those present to examine each ballot, but he shall not then count the disputed ballots, if any, but shall deal with them as hereinafter provided. What votes to 187. In counttQg the votes the deputy returning officer shall be rejected rcjcct all ballot papers (herein called "rejected ballot papers") — (a) Which have not been supplied by him; or (6) By which votes have been given for more candidates than are to be elected; or (c) Upon which there is any writing or mark by which the voter can be identified; but no word, letter or mark written or made or omitted to be written or made by the deputy returning officer on a ballot paper shall void the same or warrant its rejection. Objections to be noted How ballots to be counted Ballot pai>ers to be put into parcels under seal Statement of result to be 188. Save with respect to ballots dealt with as provided in section 177 the deputy returning officer shall make a note in the poll book of every objection taken to a ballot paper by a candidate or his agent or a voter present and shall decide the objection subject to review on recoxmt. (2) Each objection shall be nimibered and a corresponding number placed on the back of the ballot paper and initialled by the deputy returning officer. 189. All the undisputed ballot papers not rejected by the deputy returning officer shall be counted and an account kept of the number of ballots cast for each candidate and of the munber of rejected ballot papers and all the ballot papers indicating the votes given for each candidate respectively shall be put into separate envelopes or parcels. (2) All disputed, rejected and unused ballot papers shall be put into separate envelopes which shall be endorsed so as to indicate the. contents and shall be sealed by the deputy returning officer and any agent present may write his signature across the flap of the envelope or parcel and may also affix his seal. 190. The deputy returning officer shall make out a statement rtt^SdSgoSJwin triplicate (form 46), one part to remain attached to the poll 670 ELECTIONS Cap. 3 1909 book, another to be retained by him and the third to be enclosed by him in a special envelope supplied for the purpose which he shall seal and deposit in the ballot box. (2) The statement shall forthwith be signed by the deputy returning officer and poll clerk and such of the candidates or their agents as may be present and may desire to sign it. (3) The deputy returning officer shall then deliver to each Certificate of of the candidates or their agents or in the absence of the candidates ^"^ * " p° and agents to the voters present representing the candidate a certificate (form 47) of the number of ballots counted for each candidate and of the number of rejected ballots and of the number of disputed ballots. 191. The polling list, the envelopes containing the ballot Pou book, papers and all other documents which served at the election, tS be "Saced in save the disputed ballots and the poll book, shall then be placed !*'§«if°^§i°p^ in the large envelopes supplied for the purpose which shall then be sealed with the seal of the deputy returning officer and the seals of such candidates or agents of candidates as desire to affix their seals and placed in the ballot box. 193. The poll clerk immediately after the completion of the The oath of counting of the votes shall take and subscribe the oath (form 49). ^°" "'^ 193. The deputy returning officer shall then immediately Baiiot box lock and seal the box and shall enclose the key in an "envelope deUvere/to''^ to be supplied for the purpose and in the event of there being ^^^^°« disputed ballots retain the box and the envelope containing the key in his own possession pending and during the inquiry as to disputed ballots hereinafter provided for, but in the event of there being no disputed ballots he shall forthwith personally deliver them to the returning officer and if he is unable to do so owing to illness or other imperative cause he shall deUver them to the poll clerk or where the poll clerk is unable to act to some person chosen by the deputy returning officer for the purpose of delivering them to the returning officer and shall thereon or on a ticket attached thereto write the name of the person to whom the box and key have been delivered and diall take a receipt therefor and the poll clerk or person so chosen shall forthwith personally deliver the ballot box and key to the returning officer and shall take before him the oath (form 50),oathof and the deputy returning officer shall take and subscribe the^eputy oath (form 48a) and shall personally deUver or transmit it by officer™^ registered post to the returning officer. 194. The returning officer upon the receipt by him of any Duty ot ballot box shall take every precaution for its safe keeping and offiM??f for preventing any person other than himself and the election ^^^^p'"' clerk from having access to it and shall immediately on the receipt "^^ of each box seal it with his own seal in such way that it cannot be opened without his seal being broken and without effacing or covering the seals affixed thereto. 671 1909 Cap. 3 ELECTIONS Time, place and members of court of revision Functions Procedure COUKT OP INQXriRY. 195. At the time and place mentioned in the notice served upon any voter as provided in section 177 of this Act (which time shall be as soon as may be and the place and building to be used shall be the polling place of another building as near thereto as may be) the deputy returning officer sitting with a justice of the peace whom he shall select or such justice as may have been appointed to sit with him by the Lieutenant Governor in Coimcil shall constitute a court of inquiry which shall hear and dispose of any objections to disputed ballots and for this purpose the deputy returning officer shall unlock the ballot box and take therefrom the envelope containing the disputed ballots and the poll book and shall relock the box. (2) The envelope containing the disputed ballots ,and the poll book shall be opened by the deputy returning officer in open court and he shall retain the custody of the said disputed ballots and poll book during the sittings of the court. Powers of court 196. The couTt of inquiry shall for the purposes set forth in the preceding section have all the powers of a court of record as to the compelUng the attendance of witnesses and their examination, the production of books and documents and the taking of evidence under oath at any sittings held by it and such court shall have generally for the purposes aforesaid all the powers of any court of record in the province. CompelUng 197. The court of inquiry shall (on the appHcation of any rf'l?tMMea, person who is supporting or opposing any objection, complaint document" etc °^ application which is to be considered by it) issue a summons (form 58) directed to any person required by such applicant as a witness thereat commanding such person to attend at such court or sittings and also commanding such person to bring any papers or articles in the possession or power of such person as may be required and to give evidence at such court or sittings relating to any matter connected with any such objection, complaint or application and (in the event of such person not so attending after being served with such summons and paid or tendered his proper witness fees according to tariff (a) of the schedule to this Act) may (on due proof of the service of the summons and of the payment or tender of the proper witness fees and on receiving from the person causing the witness to be summoned the fees for committing and conveying such witness to prison) commit such witness to the common gaol or other lawful place of imprisonment for a term not exceeding one month, and the fees for such commitment and conveyance shall be the same as when a person is committed to prison under a simimary conviction. (2) Before any summons is issued requiring the attendance of a witness at the court of inquiry the person desiring the attendance of such witness shall furnish the deputy returning officer with such siun of money as will be sufficient to pay the fees of the said witness as provided in the said tariff. Deposit to pay witness fees Right of voter to fees 198. The person whose right to have voted is the subject of objection shall not be paid witness fees until the court of inquiry 672 ELECTIONS Cap. 3 1909 decides that he had a right to vote; and such witness fees shall be paid to the deputy returning officer at or before the opening of the said court by the person or persons at whose request the inquiry is held. 199. If the person whose right to vote is the subject of inquiry Default of fails to appear personally or by agent according to the notice by^vote"™ received by him on polling day, his vote shall be disallowed and he shall be liable for the costs of all witnesses summoned in respect to this case: Provided that any candidate or the agent of any candidate voter may be in the event of any person failing to appear in person or by clffi™l°or ^ agent shall have the right to act as the agent of such person, ''■« '«™* but in the event of the person whose right to vote is the subject of inquiry failing to appear personally the onus of proving that such person had the right to vote at the polling place at which he did vote shall be upon the agent so representing him. 300. If at any time the person or persons at whose request withdrawal the inquiry as to the rightfulness of any vote is being held notifies °^ ""■"p'*'"* the deputy returning officer over his or their signature that he or they wish the inquiry as to such vote to cease or in case the .witness fees mentioned in section 197 of this Act are not paid to the deputy returning officer as therein provided, the inquiry shall cease forthwith, and such person or persons shall pay all fees of witnesses summoned by the court of inquiry, and the expense of summoning such witnesses up to the time at which he or they gave notice that the inquiry should cease; and such vote shall be allowed. 301. In case any party to the inquiry requires a certified ^™^^°?^^^.^^ copy of the certificate of naturalization of any voter whose vote is in question to be produced at such inquiry, he shall deposit with the deputy returning officer the necessary fees for procuring the same from the clerk of the court or other officer with whom such certificate of naturalization is registered and a sum sufficient to cover postage and postal registration in sending for and forward- ing such certified copy; and the deputy returning officer shall thereupon forthwith apply for and procure same,, or send by registered letter prepaid addressed to such clerjs or other officer the said fee and sum sufficient to cover the postage and postal registration to forward such certified copy, together with the address to which it is requested such certified copy shall be sent, and a request to forward such certified copy to such address; upon receipt of which registered letter, fees and postage such clerk or other officer shall forthwith by registered letter prepaid, addressed as requested, forward a certified copy of the certificate of naturalization. (2) Nothing in this section contained shall be held in anyvaudityof way to affect as evidence the validity of a certificate of natural- natoaUzltion ization at any time issued to the_ voter whose vote is in question. ^ evidence 203. Any of the parties to any such inquiry may appear Appearance before the court of inquiry in person or by agent. '^ ^i'^it °^ 303. The question to be determined by the court of inquiry Question to hereby constituted shall be whether any statement sworn tov^'^^'^i?"""* 673 '' 1909 Cap. 3 ELECTIONS Burden of proving truth of statements sworn to by the voter Decision to be given in ' open court under the proAdsions of this Act by the voter whose vote is the subject of the inquiry is false in whole or in part, and if false in part, in what respect it is so false. (2) If it is proved to the satisfaction of the said court that any voter whose vote is the subject of inquiry has sworn to any such statement which is false in whole or in part, the vote of such voter shall be disalloVed; but if it be proved to the satis- faction of such court that every such statement so sworn to by such voter is altogether true, such vote shall be allowed. (3) The statements sworn to by the voter in support of his application to be placed on the voters' Ust shall, except where the voter fails personally to appear as hereinbefore provided, be assumed to be true and the burden of proving the same in whole or in part to be untrue, shall, save as aforesaid, he upon the person challenging; the vote, and the voter shall be at hberty to produce evidence in rebuttal to show that such statements sworn to .by him are in fact true, and similarly the person challenging the right of a voter to vote may where the onus is upon the voter to prove his right to vote as hereinbefore provided, produce evidence in rebuttal to show that such voter either did not have the right to vote or did not have the right to vote at the polling place where he did so vote. (4) The decision of the Govart of inquiry shall be rendered in open court, and if the members of the said court fail to agree it shall be so stated in open court. Adjournment of court Absence of material testimony 304. Whenever (by reason of the absence of witnesses or other reasonable cause) it is impossible to hold or to conclude the inquiry on the day stated in the notice given on polling day, the court of inquiry may cause the sitting to be adjourned from day to day until the inquiry is concluded: Provided that the said court (in case the adjournment is asked for on the ground of the absence of material testimony, docu- mentary or otherwise) must be satisfied that the person whose duty it was to procure such testimony has used reasonable diUgence to do so. Court to make returns of decision reached 305. The said court shall forthwith after concluding its labours make a return in duplicate of the decisions reached by it on the qualifications of the several voters whose right to vote is the subject of dispute; and if any vote has been disallowed it shall specify on what ground it has been disallowed; that is, if it has been disallowed on the ground that any statement sworn to by the voter is false it shall specify the statement; if on the ground that any such statement is false in part, it shall specify in what particular it is so false. The deputy returning officer shall place one duplicate return and all evidence and exhibits, duly certified to by both members of the court, together with the poll book in an envelope or envelopes and seal and initial same and return the envelope or envelopes to the ballot box. The other duphcate return shall be retained by the deputy returning officer. (2) In case the members of the court of inquiry fail to agree as to whether a ballot paper should be allowed or disallowed the returning officer shall render a decision. 674 ELECTIONS Cap. 3 1909 306. The deputy returning officer shall then immediately B^ot box lock and seal the box and shall enclose the key in an envelope deUvered to * to be supplied for the purpose and forthwith personally deliver ^g^"B them to the returning officer and if he is unable to do so owing to illness or other imperative cause he shall deliver them to the poll clerk or where the poll clerk is unable to act to some person chosen by the deputy returning officer for the purpose of delivering them to the returning officer and shall thereon or on a ticket attached thereto write the name of the person to whom the box and key have been delivered and shall take a receipt therefor and the poll clerk or person so chosen shall forth- with personally deliver the ballot box and key to the returning officer and shall take befqre him the oath (form 50). 307. Forthwith after the delivery of the books and key theoathof deputy retutning officer shall take and subscribe the oath (formretomng .48b) and shall personally deliver or transmit it by registered offioe' post to the returning officer. 308. The court of inquiry (or the returning officer when the Court or decision is made by him) may award costs to or against anyog^^^y party to the application, which costs shall only be for witness a^'^'i costa fees and expenses of summoning witnesses according to the scale of fees in tariff (a) of the schedule to this Act; and moneys deposited under the provisions of section 201 hereof, and the said costs may be levied by order of the said court or the returning ■ officer (as the case may be) by distress in the same manner as distress is leviable upon a warrant issued on a summary conviction. 209. The expenses of holding the covirt of inquiry shall beExpenaea charged as a part of the general expenses of the election. of court 310. The returning officer at the place, day and hour appointed by his proclamation and after having all the ballot boxes shall open them and shall first open the large envelopes containing the poll books and the disputed ballots and returns in respect thereof, if any, and render his decision regarding any ballot upon which the courts of inquiry respectively have failed to agree, having regard only to the evidence taken by the court of inquiry that examined into the same, he shall then open the sealed envelopes containing the statements of the polls and shall in the presence of the election clerk and of the candidates or their representatives if present, add up the votes given for each candidate from the statements of the polls and the returns of the courts of inquiry respectively and shall add thereto any votes allowed by him as to which any court of inquiry has failed to agree as hereinbefore provided and shall forthwith declare to be elected the candidate having the largest number of votes. (2) The returning officer shall in the event of his disallowing any ballot as to which the court of inquiry has failed to agree state as in subsection 1 of section 205 of this Act on what ground he has disallowed the same. 311. Where on the addition of votes by the returning officer casting i an equality, of votes is foimd to exist between any -two or more candidates and an additional vote would "entitle any of them to be declared elected the returning officer shall give the 675 1909 Cap. 3 ELECTIONS additional or casting vote; but except as provided in this section and in subsection (4) of section 229 of this Act the returning officer shall not vote at the election. PKOCEEDINGS IN CASE OF LOSS OK INJURY OF POLLING BOOK OR OTHER DOCUMENTS. Adjournment of proceedings where ballot box not duly delivered 313. If the ballot boxes are not all returned on the day fixed for adding up the votes the returning officer shall adjourn the proceedings to a subsequent day which shall be not more than a week later than the day originally fixed, and further like weekly adjournments may be made so, however, that the proceedings be not delayed for a longer period than two months from the day so originally fixed. Where default made by dei)uty returning officer in returning documents 313. In case any deputy returning officer has not enclosed in the ballot box the statement of the ballot papers coimted. by him as required by this Act or if for any other cause the returning officer cannot at the day and hour appointed by him for adding up the votes ascertain the number of votes given for each candidate he may adjourn to a future day and hour the adding up of the votes and so from time to time; such adjourn- ment or adjournments not in the aggregate to exceed two weeks. Disappearance of ballot boxes, duty of returning officer 314. If the ballot boxes or any of them have been destroyed or lost or for any other reason are not forthcoming by the time fixed for adding up the votes the returning officer shall ascertain the cause and shall procure from each deputy returning officer whose ballot box is missing or from any other person having them the statements and certificates of the number of votes given for each candidate or copies of them, and the number and particulars of disputed ballots, if any, and of the result of the decisions of the court of inquiry upon the facts, if any, dealt with under the provisions of section 177, the whole to be verified by oath. • Procedure returning officer where lists, state- ments, etc., cannot be found When deputy returning officer has neglected to deliver statement of result 315. If the statements and certificates or any of them or copies of them cannot be procured the returning officer shall ascertain by such evidence as he is able to obtain the total number of votes given for each candidate at the several polling places, and the number and particulars -of disputed ballots, if any, and of the result of the decisions of the court of inquiry upon the facts, if any, dealt with under the provisions of section 177, and may summon any deputy returning officer, poll clerk or other person -to appear before him at a time and place to be named by him with all necessary papers and documents of which time and place and of the intended proceedings the candidates shall have notice; and the returning officer may examine on oath such deputy returning officer, poU clerk or other person respecting the matter in question. 316. In case of an adjournment by reason of any deputy returning officer not having placed in the ballot box a statement of the ballot papers counted by him the returning officer shall in the meantime use all reasonable efforts to ascertain the number 676 ELECTIONS Cap. 3 1909 of votes given for each candidate at the polling place of such deputy returning officer and shall have the powers conferred by the next preceding section. 317. The returning officer shall return the candidate or where special report two or more candidates are required to be elected from any^^J|J™"°* electoral division the candidates to the required number having the largest number of votes and shall mention specially in a report to be sent with the return the circumstances accompanying the disappearance of the ballot boxes or the want of any statement as aforesaid and the mode by which he ascertained the number of votes given for each candidate. RECOUNT OR FINAL ADDITION BY JUDGE. 318. If within eight days after that on which the returning where recount officer has made addition of the votes for the purpose of declaring ""^^ ^^ ^°^ any candidate elected upon the application of a candidate or a voter it is made to appear by aflSdavit to the judge that a deputy returning officer has in counting the votes — (o) Improperly coxmted any ballot paper; or (b) Improperly rejected any ballot paper; br (c) Made any incorrect statement of the number of ballots cast for any candidate; or (d) That the .returning officer has improperly added up the votes; or (e) That the court of inquiry or the returning officer has Deposit of improperly allowed or rejected any disputed ballots, *'"'''°''°* and if the applicant deposits within the said time with the clerk of the court the sum of SI 00 in legal tender or in the bills of any chartered bank doing busiaess in Canada as security for the costs, the judge may in writing appoint a time and place to hear and determine any appeal from the court of inquiry or the returning officer, and where same is asked to recount or finally add up the votes cast at the election: Provided that where the application is limited to an appeal or appeals from the court of inquiry or returning officer and does not involve a recount the security for costs hereinbefore provided shall be $10. 319. At least four days' notice in writing of the time s.nd^^^^'^^^J , ^^ place appointed shall be given by the apphcant to the candidates of^loomt" ""^ and to the returning officer and the election clerk and the notice so given shall state upon whose application the recount is being had, and the judge may at the time of the application or afterwards direct that service of the notice upon the returning officer and election clerk may be substitutional or may be made by mail or in such other manner as he thinks fit. 330. The returning officer after the receipt of the notice Returning shall delay making his return to the clerk of the Executive m^^'re?^" Council until he receives a certificate from the judge of the result *"'?l"«p*of ' of the appeal, recoimt or final addition and upon receipt of the from judle certificate shall proceed to make his return. 677 1909 Cap. 3 ELECTIONS Presence of 231. The judge may require the clerk of the coiart to be present clerk of court ^^ ^j^^ ^j^^ ^^^ place appointed. Summoning officers to be present with documents Production and custody of ballot papers on a recount 333. The returning officer and his election clerk shall attend at the time and place appointed with th,e envelope containing the ballot papers or the original statements of the poll, as the case may be, and also the envelopes containing all ballot papers, books, evidence, exhibits and other documents and the returns ia respect thereof made under the provisions of section 205 of this Act. (2) The ballot papers and original statements and the ballot papers, books, evidence, exhibits and other documents and. the returns referred to in subsection 1 hereof shall continue in the custody of the retm-ning. officer and he shall be responsible for them subject to any directions which the judge may give in respect thereto. Who to be present at recount 333. The returning officer and the election clerk shall be present at the recount or final addition and each candidate shall be entitled, to be represented by not more than three agents and may himself be present. (2) Where a candidate is not represented any three voters who declare their desire to attend on his behaK shall be entitled to attend. (3) Except with the sanction of the judge no other person shall be present. Procedure by judge 334. At the time and place appointed and in the presence of the said persons the judge shall (a) hear and determine appeals from the court of inquiry or returning officer in respect to disputed ballots. , (b) Make a final addition from the statements contained in the ballot boxes returned by the deputy returning officeTs or recount all the votes or ballot papers returned by the several deputy returning officers as the case may be, and shall in the case of a recount open all the sealed envelopes containing — (o) The used ballot papers which have been counted; (b) The rejected ballot papers; (c) The cancelled ballot papers; (d) The declined ballot papers; (e) The unused ballot papers. Recount to be proceeded with continuously Care of documents during proceedings 335. The judge shall as far as practicable proceed continuously allowing only time for refreshment and excluding except so far as he and the persons present agree the hours' between six o'clock in the afternoon and nine in the succeeding forenoon. (2) During "such excluded tune and time for refreshments the judge shall place the ballot papers and other documents relating to the election close imder his own seal and the seals of such of the persons present as desire to affix their seals and shall otherwise take all necessary precautions for the security of such papers and documents. Rules to govern judge in proceeding 336. The judge shall in the case of a recount proceed according to the rules for the counting of the ballot papers at the close 678 ELECTIONS Cap. 3 1909 of the poll by a deputy returning officer and shall verify and correct the statement of the poll (form 46). (2) The judge may upon an appeal from the decision of the court of inquiry or returning officer as hereinbefore provided receive such oral evidence as may be adduced by any of the parties to the appeal in respect of the ballot paper or ballot papers appealed agaiUst in addition to the evidence taken by the court of inquiry but in the event of no such oral evidence being adduced hear and determine the appeal on the evidence taken by the court of inquiry. 22T. Upon the completion of the recount the judge shall S|a^^g^p^j^^ seal up all the ballot papers in their separate envelopes and of rgcoimt upon the completion of a final addition he shall seal up the original statements in their respective envelopes. (2) Where either party requests him to do so the judge shall number on the back the disputed ballots and enclose them in a separate envelope. 328. The judge sliall if necessary or required review the decision Reviewing of the returning officer with respect to the number of votes given retTX^* for a candidate at any polling place where the ballot box used^^f^J^^™^. was not forthcoming when he made his decision or when the dociiments proper statements or papers were not found therein. missmg (2) For the purpose of arriving at the facts the judge shall have all the powers of the returning officer with regard to the attendance and examination of witnesses or he may act upon the evidence taken by the returning officer. 329. The decision of the judge on all appeals from the courts when judge of inquiry or the returning officer shall be final and if no recount ^rtifioaS or final addition has been demanded the judge shall certify the result to the returning officer forthwith who shall then forthwith declare to be elected the candidate having the largest number of votes, taking into account the result of the appeals. (2) When there has been a recount or final addition the judge shall delay sending his certificate to the returning officer for two days after the completion of the recount or final addition in order to allow of an appeal as hereinafter provided. (3) If no notice of appeal is given to the judge within two days after the completion of the recount or final addition the judge shall certify the result to the returning officer forthwith who shall then forthwith declare to be elected the candidate having the largest number of votes. (4) In case of an equality of votes the returning officer shall P=f<™8™te if give the casting vote. '^^yof"" vote? 230. The costs of appeals and of the recount or final addition Costs shall be in the discretion of the judge who may order by whom, to whom, and in what manner the same shall be paid. (2) The judge shall tax the costs and shall as nearly as may Taxing and be follow the tariff of costs with respect to proceedings in the^""'"*""^'^ District Court. 231. When costs are directed to be paid by the applicant Deposit the moneys deposited as security for costs shall be paid out'^^'"'°°^°^ 679 recount 1909 Cap. 3 ELECTIONS Recovery of _ to the party entitled thereto so far as necessary. If the deposit not^suffidenT is insufficient execution may issue out of the District Court upon the judge's order for the balance. APPEAL FROM DECISION ON RECOUNT OR FINAL ADDITION. dSon of™ 333. If a party desires to appeal from the decision of the judge judge on he may do so on giving within two days after the completion of the recount or final addition notice in writing to the opposite party and to the judge of his intention to appeal and he may by the notice limit the appeal to specified ballots, tobetewarded (2) When' the appeal is limited the judge shall seal up the comfof^ameii ballots wMch are the subject of appeal in a separate packet and shall forward them together with the notice and a certificate showing his findings as to the ballots in dispute by registered post to the registrar of the Supreme Court, but if the appeal is not limited the judge shall forward all the ballots papers and other papers to the said registrar and in either case he shall await the result of the appeal before sending his certificate to the leturning officer. The judge shall upon request allow each party to make a copy of the certificate of his findings before it is forwarded to the registrar. fwlie^g"* (^) ^^ receipt of the ballot papers and notice the registrar of appeal shall forthwith obtain an appointment from one of the judges of the Supreme Court for hearing the appeal and shall notify the parties or their solicitors of the time so appointed. ^y be heOTd (4) ^^^ *"^® appointed for hearing the appeal shall not be more than ten days from the date of the appointment. Procedure (5) At the time appointed the judge of the Supreme Court oFaroeSf shall recount the ballot papers or such of them as are the subject ofresuit^^ of appeal or review the filial addition, as the case may be, and shall forthwith certify his decision to the judge of the District Court, whose duty it shall be to conform to the decision and to certify the result without delay to the returning officer. Costs of appeal (6) The judge of the Supreme Court may direct by and to whom the costs of the appeal shall be paid. ELECTION RETURNS. tobTmadT 333. The retilrning officer shall immediately after the tenth day after the final addition by him of the number of votes given for each candidate unless before that time he receives notice that he is required to attend before a judge for the purpose of an appeal, recount, or fimal addition of the votes given at the election and where there has been an appeal, recount or final addition immediately after the receipt of the certfficate of the result, transmit his return to the clerk of the Executive Council that the candidate or where two or more candidates are required to be elected from any electoral division the candidates to the required number having the largest number of votes has been duly elected and shall forward to each of the candidates a duplicate or copy thereof; and such return shall be in form 51. (2) The returning officer shall accompany his return to the clerk of the Executive Council with a report of his proceedings in which he shall make any observations he thinks proper as to the state of the ballot boxes or ballot papers as received bv him 680 ELECTIONS Cap. 3 1909 334. The returning officer shall at the same time transmit K^turmng to the clerk of the Executive Council enclosed in a box or other transmit to covering, sealed with the seal of the returning officer the writ, ^|^|5„°'[^^° the stamp furnished him for stamping the ballot papers, the list council the mentioned in subsection (5) of section" 161, all the envelopes 6^0.° ^^^^"' containing ballot papers ia his possession, declarations of inability to read or to mark, poll books and all other documents sent to him by the deputy returning officers. (2) The returning officer shall endorse on the package a description of its contents and the date of the election to which they relate, and also the name of the electoral division for. which the election was held and shall affix to the outside of the package a label showing distinctly the electoral division to which tie contents relate and the date of the election. (3) The package shall be sent by express or by registered post. (4), An affidavit (form 52) shall be made by the returning oath of officer forthwith after transmitting his return and shall be forth- oIbS?"'^ with transmitted by him to the clerk of the Executive Council 'g^^**""^ by registered post. PAILTJEE TO MAKE EETTJRN. 335. If a returning officer wilfully delays, neglects or refuses — AppUcation (a) To add up the votes; or returning • (6) To declare to be elected the candidate or where two up votes, mfke or more candidates are required to be elected f rom '^«*"°«' ^*<=- any electoral division the candidates to the required number having the largest number of votes; or (c) To give his castiag vote where he is by law required to do so; or (d) To make the return as required by this Act of the candidate having the largest number of votes; the person aggrieved or any voter who voted at the election may apply to a judge of the Supreme Court for a mandamus commanding the returning officer to perform the duty which he is shown to have omitted. (2) The notice shall be served upon the returning officer and upon any person who was a candidate at the election. (3) In other respects the provisions of The Judicature Ordi- nance and the rules made thereunder shall apply to such application. (4) Nothing in this section contained shall affect or impair any other right or remedy of the person aggrieved. PUBLICATION OF BETUENS. 336. The clerk of the Executive Council shall on receiving the Notice of return of a member elected to the Assembly give in The Liberia g'"™"" Gazette notice of the receipt of the return and the name of the , candidate elected. CUSTODY OF ELECTION PAPEES. 337. The clerk of the Executive Council shall, subject to the How long to be provisions of this Act, retain in his possession the documents whSfto'b"^ 681 destroyed 1909 Cap. 3 ELECTIONS How to be kept by clerk of the Executive Council Marking boxes, when not to be destroyed transmitted to him by a retvirning officer under section 234 for at least one year and if the election is contested then for one year after the termination of the contestation and shall then destroy them by fire. (2) The clerk of the Executive Council shall keep all docvunents relating to a general election in a room or vault separate from that in which documents relating to the bye-elections are kept. (3) If notice of the presentation of a petition is received by the clerk of the Executive Council or if an order is made directing that documents relating to an election are not to be destroyed he shall affix to the outside of the box or covering containing such documents a label having thereon in large and distinct letters the words "Not to be destroyed." INSPECTION OF DOCUMENTS, BALLOT PAPERS, ETC. Inspection of other documents 338. All doctiments forwarded by a returning officer in pursuance of this Act to the clerk of the Executive Council other than ballot papers shall be open to pubUc inspection at such time and imder such regulations as may be prescribed by the clerk of the Executive Council with the approval of the Speaker of the Assembly; and the clerk of the Executive Council shall supply copies of or extracts from the documents to any person demanding the same on payment at the rate of ten cents for each one hundred words and in computing the number of words a figure shall be counted as a word. Inspection to be under order of judge When order to be granted Conditions of order When inspection to take place Evidence as to documents, ballot papers, etc., in certain cases 339. No person shall be allowed to inspect any ballot paper in the custody of the clerk of the Executive Council except under an order of a judge of the Supreme Court. (2) The order may be made on the judge being satisfied by ■an affidavit or other evidence on oath that the inspection or production of such ballot paper is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of a petition questioning an election or return. (3) The order may be made subject to such conditions as the judge may think proper. (4) Subject to the provisions of the order the inspection shall take place vinder the immediate supervision of the registrar of the Supreme Court at his office in the courthouse at Edmonton and he shall be present during the inspection. So long as the ballot papers are in the custody of the registrar and not under inspection they shall be kept in a secure place under lock and key. 340. Where an order is made by a judge of the Supreme Cqurt for the production by the clerk of the Executive Council of any document in his possession relating to an election the production of it by the clerk or his agent in such manner as may be directed by the order shall be evidence that the document relates to the election; and any endorsement appearing on any envelope containing ballot papers so produced shall be evidence that the contents are what they are stated to be by the endorsement. 682 ELECTIONS Cap. 3 1909 PRESERVATION OF THE PEACE. 341. Returning officers and deputy returning officers from Returning the time they take the oath of office xintil the day after the closing Sf^uty*" of the election shall be conservators of the peace and shall be ^=^"J™'^ j^^ invested with all the powers appertaining to iustices of the peace, conservators of the peace 343. A returning officer or deputy returning officer may constables require the assistance of the justices of the peace, constables and o°tte"?e^ other persons to aid him in maintaining peace and good order at the election and may also swear in so many special constables as he may deem necessary, and such special constables shall subscribe and take the oath set out in section 159 of this Act. 343. On a requisition in writing made by a candidate or hy^p^^J^j^^^ his agent or by two or more voters a returning officer or deputy be awom in in returning officer shall swear in so many special constables as °°''''*™ °°*™ may be necessary. 344. A returning officer or deputy' returning officer mayAirestand arrest or by verbal order cause to be arrested and placed in the™Pe?bSi^rfer custody of any constable or other person any person disturbing the peace and good order at the election and may cause such person to be imprisoned under an order signed by him until an hour not later than the close of the nomination or of the poll, as the case may be. 345. A returning officer or deputy returning officer mayKequinng during the nomination day and polling day require any person wea^oM on within half a mile of a place of nomination or of a polling place "nd^S^g to deliver to him any fire arms, sword or offensive weapon indaya the hands or personal possession of such person. 346. Except the returning officer, the election clerk, the Armed deputy returning officer, the poll clerk, and the constables and ooSe^t!SL*° special constables appoiated by the returning officer or the deputy noLlStion or returning officer for the orderly conduct of the nomination orpoiungpiaoe poll and the preservation of the public peace thereat no person shall approach within the distance of one mile of a place of nomination or of a polling place armed with any firearm, sw;ord, or offensive weapon unless called upon so to do by lawful authority. SECRECY OF PROCEEDINGS. 347. Every person in attendance at a polling place or at Maintaining the counting of votes shall maintain and aid in maintaining theproSu^B secrecy of the voting. 348. No person shall interfere or attempt to interfere with interference a voter when marking his ballot paper or attempt to obtain'"*''™'™* at the polling place information as to the candidate for whom a voter is about to vote or has voted. (2) No person shall communicate any information obtained Comnmnioating at a polling place as to the candidate for whom a voter at suchtohoTvoter^ polliag place is about to vote or has voted. is voting 683 1909 Cap. 3 ELECTIONS Inducing voter to display marked ballot 349. No person shall directly or indirectly induce or attempt to induce a voter to show his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has voted., Voter not to display- marked ballot 350. Subject to the provisions of section 174 a voter shall' not show his ballot paper when marked to any person so as to allow the name of the candidate for whom he voted to be known. Oath of secrecy Proceedings where offices aware of * violation of secrecy No one compellable to disclose his vote 351. Every returning officer and every officer, clerk, constable, agent and other person authorized to attend at a polling place or at the counting of the votes shall before entering on his duties take the oath of secrecy (form 53). 353. If a returning officer, election clerk, deputy returning officer or poll clerk becomes aware or has reason to believe or suspect that any provision of the law as to secrecy has been violated he shall communicate the particulars with all convenient speed to the Attorney General. (2) The Attorney General shall on receiving such information from such officer or from any other person forthwith inquire into the case and if proper prosecute the offender. 353. A person who has voted shall not in any legal proceeding questioning the election or return be compelled to state for whom he voted- CORRUPT PRACTICES AND OTHER ILLEGAL ACTS. Bribery, who guilty of Bribing voter or procuring- bribery by money By gift or offer or promise of employment To induce anyone to procure return of candidate 354. Every person who — (a) Directly or indirectly, himself or by any other person on his behalf, gives, lends or agrees to give or lend or offers or promises any money or valuable consider- ation or promises to procure or to endeavour to procure any money or valuable consideration to or for any voter or to or for any person on behalf of any voter or to or for any person, in order to induce any voter to vote or refrain from voting or corruptly does any such act on account of any voter having voted or refrained from voting at an election; or (&) Directly or indirectly, himself or by any other person on his behalf gives or procures or agrees to give or procure or offers or promises any office, place or employment or promises to procure or endeavours to procure any office, place or employment to or for any voter or to or for any other person in order to induce any voter to vote or refrain from voting or corruptly does any such act on account of any voter having voted or refrained from voting at an election; or (c) Directly or indirectly, himself or by any other person on his behalf makes any gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person to serve in the Assembly or the vote of any voter at an election; or 684 ELECTIONS Cap. 3 1909 (d) Upon or in consequence of any such gift, loan, offer. Receiving • , 1 bribe to promise, procurement or agreement procures or engages procure or promises or endeavours to procure the return oilf^^°^ any person to serve in the Assembly or the vote of any voter at an election; or (e) Advances or pays or causes to be paid money to or Advancing for the use of any other person with the intent that ^""t^n" '"' such money or any part thereof shall be expended ""^^p,*^ in corrupt practices at an election or who knowingly pays or causes to be paid money to any person in discharge or repajrment of money wholly or in part expended in corrupt practices at an election; or (/) Directly or indirectly, himself or by any other person Applying for on his behalf on account of and as payment for voting ^pfoyment in or for his having voted or for illegally agreeing or having "f^^*"™ agreed to vote for any candidate at an election or on account of and as payment for his having illegally assisted or agreed to assist any candidate at an election applies to such candidate or to his agent for the gift or loan of any money or valuable consideration or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or the promise of any office, place, or employment; or (g) Before or during an election directly or indirectly, himself Receiving I , , i*iiit> • money, oQice, or by any other person on his behalf receives, agrees etc , for having or contracts for any money, gift, loan or valuable ''"'^'^ consideration, office, place, or employment for himself or any other person for voting or agreeing to refrain from voting at an election; or (h) After an election directly or indirectly, himself or by Receiving any other person on his behalf receives any money orMrruptiy valuable consideration for having voted or refrained ''"^'■°'^"'^™ from voting or for having induced any other person to vote or refrain from voting at an election; or (i) In order to induce a person to allow himself to be Giving or nominated- as. a candidate or to refrain from becoming f™^'^^°®'=° a candidate or to withdraw if he has become a candidate candidate to V * /¥? 1 1 > Stand or gives or procures any office, place or employment or withdraw agrees to give or procure or offers or promises to procure or endeavours to procure any office, place or employment for such person or for any other person; shall be guilty of bribery and shall incur a penalty of $200 and Penalty shall also on conviction be imprisoned for a term of not less than one month and not more than six months with or without hard labour. (2) The actual personal expenses of a candidate, his reasonable Personal expenses for actual professional services performed and bonaH^^^^ fide payments for the fair cost of printing and advertising and other lawful and reasonable expenses in connection with the election incurred by the candidate or any agent in good faith and without any corrupt intent shall be deemed to be expenses lawfully incurred and the payment thereof shall not be a contra- vention of this Act. (3) The distribution by a candidate or his agent of political Distribution pamphlets or other poUtical Uterature; or the sending or causing uteratoe*' to be sent to voters by a candidate or his agent, newspapers 685 1909 Cap. 3 ELECTIONS Furnishing entertainment forbidden except at residence of the person furnishing Penalty containing political articles, reports of political meetings or other matters of public interest shall not be deemed corrupt or illegal acts or a contravention of this Act. 355. A candidate shall not nor shall any other person provide or furnish, meat, drink, refreshment or provision at the expense of such candidate or other person at a meeting of voters assembled for the purpose of promoting the election previous to or during the election or pay or promise or engage to pay therefor; but nothing herein contained shall extend to any meat, drink, refresh- ment or provision furnished to any such meeting of voters by or at the expense of any person at his usual place of residence where such residence is a private house. (2) Every person offending against the provisions of this section shall be guilty of a corrupt practice and shall incur a penalty not exceeding $100. Treating 356. Evcry Candidate who corruptly, himself or by or with any person or by any other way or means on his behalf at any time either before or during an election directly or indirectly gives or provides or causes to be given or provided or is accessory to the giving or providing or pays wholly or in part any expenses incurred for any meat, drink, refreshment or provision to or for any person in order to be elected or for being elected or for the purpose of corruptly influencing such person or any other person to vote or refrain from voting at an election shall be guilty of a corrupt practice and shall incur a penalty not exceeding $200 in addition to any other pejjialty to which he may be liable therefor. (2) The gi"ving of meat, drink, refreshment or provision to voters extensively or generally by a candidate or by his agent oorruptpraotice Or the taking pftrt therein by either of them or giving the same wholly or partly at the expense of a candidate or his agent shall prima facie be a corrupt practice within the meaning of this section. (3) It shall not be sufficient answer to a charge of a corrupt practice under this section that the person charged had been ia the habit of treating. Giving refreshments prima facie evidence of a Habit of treating not sufficient answer Wagering or betting 357. A candidate who before or during the election makes a bet or wager or takes a share or interest or in any manner becomes a party to a bet or wager upon the result of the election in the electoral division or in any part thereof or on any event or contin- gency relating to the election shall be guilty of a corrupt practice. (2) A candidate or other person who provides money to be used by another in betting or wagering upon the resiilt of the election in the electoral division or any part thereof or on any event or contingency relating to the election shall be guilty of a corrupt practice. (3) A person who for the purpose of influencing an election makes a bet or wager on the result thereof in the electoral division or in any part thereof or on any event or contingency relating thereto shall be guilty of a corrupt practice. Conveying 358. A Candidate who himself, or by any other person on his voters to poll behalf and cvcry persou who— 686 ELECTIONS Cap. 3 1909 (a) Hires or promises to pay or pays for a conveyance to carry a voter to or near or from or on the way to or from a polling place; or (6) Pays the travelling or other expenses of a voter in going to or returning from a polling place; and every person who for a valuable consideration provides or furnishes a conveyance knowing that it is to be used to carry a voter other than the hirer to or near or from or on the way to or from a polling place shall be guilty of a corrupt practice and shall incur a penalty of 1100, and if a voter shall be disqualified from voting at the election; but this subsection shall not apply to the carrying of voters to the poll in the conveyance mentioned in clause (e) of subsection (2) of section 293. (2) Every person who provides or furnishes transportation Furnishing on any railway free of charge or at a diminished rate to a voter ^''^Ss"'*'™ to or near or from or on the way to or from a polling place and whether passes or tickets or the like are or are not supplied shall be guilty of a corrupt practice and shall incur a penalty of $100 and if a voter shall be disqualified from voting at the election. (3) "Conveyance" for the purpose of this section shall include ConveyanceB a horse, team, carriage, cab, vehicle, boat or vessel. 359.. The giving or causing to be given to a voter on the Providing nomination day or on polling day on account of his being about on Mi^na^h to vote or having voted any meat, drink, refreshment or provision ^^g^j^l ^^ or any money, ticket or order to enable him to procure the same shall be a corrupt practice and the person so offending shall incur a penalty of $10. 360. Every person who directly or indirectly, himself or by undue any other person on his behalf uses or threatens to use force, "^"™™ violence or restraint or inflicts or threatens to inflict injury, damage, harm or loss or in any manner practises intimidation upon or against a voter in order to induce or compel him to vote or refrain from voting or on account of his having voted or refrained from voting, or who by abduction, duress or false or fraudulent pretence, device or contrivance impedes, prevents or otherwise interferes with the free exercise of the franchise of a voter or thereby compels, induces or prevails upon a voter to vote or refrain from voting shall be guilty of a corrupt practice and shall incur a penalty of S200 or to imprisonment for a term not^'"^*y exceeding one year. (2) It shall be a false pretence within the meaning of this Pretence section to represent to a voter directly or indirectly that theii'not'Moret ballot to be used or the mode of voting at an election is not secret. 361. A person who at an election applies for a ballot paper Peraonation, in the name of some other person whether that name be that '^^^'"*'™ °' of a person living or dead or of a fictitious person or who having voted applies at the same election for a ballot paper in his own name or who votes more than once at the same election shall be guilty of the offence of personation. (2) A person who commits or who directly or indirectly aids Penalty or abets, counsels or procures the commission of the offence 687 1909 Cap. 3 ELECTIONS of personation shall be guilty of a corrupt practice and shall incur a penalty of $400 and shall also on conviction be imprisoned for one year. 363. A person who procures an appointment as deputy return- ing officer or poll clerk by false pretence, deceit or other improper means or who acts as deputy returning officer without lawful authority shall be guilty of a corrupt practice and shall incur a penalty of $400 and shall also on conviction be imprisoned for one year. ■^ersoML"^ 363. A person who knowingly appoints an election clerk, election offi'cera a deputy returning \)fficer or a poll clerk who has at any time g^SftyoT^^™ been found guilty by a competent tribunal of corrupt practices corrupt siiall be guilty of corrupt practice and shall incur a penalty of $400. Procuring appointment as deputy returning officer or poll clerk by fraud practices Voting by persons not entitled to vote to be a corrupt practice 364. A person who votes knowing that he has no right to vote and a person who induces or procures any other person to vote knowing that such person has no right to vote shall be guilty of corrupt practice and shall incur a penalty of not less than $50 nor more than $200. Publishing false statement of withdrawal of candidate False statement as to character of conduct of candidate 365. A person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or securing the election of another candidate shall be guilty of a corrupt practice and shall incur a penalty of not less than $50 and not more than $1,000 but the election of a candidate shall not be avoided by reason of a contravention of this section unless committed by him or by his agent. 366. Any person who before or during any election for the purpose of affecting the returns of any candidate at such election makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate shall be liable to a penalty not exceeding $500 and costs and not less than $100 and costs and to imprisomnent for one month. CONSEQTJENCE OF CORRUPT PRACTICES. 367. If an election court determines and reports that a corrupt practice has been committed by a candidate or by his agent whether with or without the actual knowledge and consent of the candidate the election of the candidate shall except in the case mentioned an section 268 be void. fiSfcanSdate ^^^- ^^ ^^^ clection. court determines that an agent of the not personally candidate was guilty of a corrupt practice that would otherwise offence™ render the election void and further finds that — ummportant ^^^ -^^ corrupt practice was committed at such election by the candidate personally and that the corrupt practice of the agent was committed contrary to the order and without the sanction or connivance of the candidate; (b) The candidate took all reasonable means for preventing the commission of corrupt practices at such election; 688 ELECTIONS ' Cap. 3 1909 (c) The corrupt practice was of a trivial, unimportant and limited character; and that (d) In all other respects so far as disclosed by the evidence the election was free from any corrupt practice on the part of the candidate and his agent; then the election of the candidate shall not by reason of the corrupt practice be void. 369. Subject to the provisions of subsection (2) of this section Candidate where an election court determines and reports that corrupt fJJrSpt practice has been committed by or with the actual knowledge PJ'^"*^^;^ and consent of a candidate then in addition to his election if for eight years he has been elected being void the candidate during the eight eiectedf etc. years next after the date of his being so found guilty shall be incapable of being ejected to and sitting in the Legislative Assembly or any municipal coimcil and of being entered on any voters' Ust or registered as a voter and of voting at an election and of holding any office at the nomination of the Crown or any municipal office. (2) If the election court finds that an act constituting in law^^^JJgp* a corhipt practice was committed by a candidate or with his committed actual knowledge and consent but without any corrupt intent SnOTaMe"'* and in an ignorance which was involuntary and excusable and that the evidence showed that the candidate honestly desired and in good faith endeavoured as far as he could to have the election conducted according to law the candidate shall not be subject to the penalties and disabilities which he would other- wise incur under the next preceding subsection. 270. Every person cither than a candidate found guilty of DisquaUfication a corrupt practice in a proceeding in which after notice of the tha ^oandidSeB charge he has had an opportunity of being heard or who upon his own evidence given on the trial of a petition has been found to have been guilty of a corrupt practice and has been reported therefor unless such finding and report have been reversed or set aside on appeal under The Controverted Elections Act shall during the eight years next after the date of his being found guilty be subject to the penalties and disabilities mentioned in section 269. (2) No person shall be subject to the penalties and disabilities Exemptions referred to in subsection (1) by reason of — (a) A mere technical breach of law; or (b) An act not being an intentional violation of law. 371. If an election is set aside and a second election hadY^'a^^?.''^?'^ the second election shall be deemed to be a new election and as^resiSt of shall not be avoided by reason of corrupt practices committed gg*^*j at the former election other than the personal acts of the candidate corrupt or of his agent done with his actual knowledge and consent: ESfSion Provided always that the new election shall not be avoided for corrupt practices by the candidate at the former election or affecting the same which were not set up and proved at the trial and so adjudged by the election court as by law to involve the penalties and disabilities mentioned in section 269. 689 1909 Cap. 3 ELECTIONS Election of candidate to be void for employing agent previously found guilty of corrupt practice 278. If on the trial of an election petition a candidate is proved personally to have engaged any person as a canvasser or agent knowing that he has within eight years previous to such engagement been found guilty by a competent tribunal of or reported by an election court for a corrupt practice the election of such candidate shall be void. Removal of 373. If at any time after a person has become disqualified ^^prSat°° the witnesses or any of them on whose testimony he has become wSotocSS"" disqualified are convicted of perjury in repect of such testimony by perjury the Supreme Court sitting en banc upon the motion of the person disqualified and upon being satisfied that such disqualification was procured by reason of perjury may order that the disqualifi- cation shall thereafter cease and determine. TOlftra*ot7 374. Every executory contract, promise or undertaking arising out of in any way referring to, arising out of or depending upon an election even for the payment of lawful expenses or the doing of alawful act shall be void. elections to be void No statutory penalty for corrupt practice where the Earty charged as first presented a Ijarty jointly liable 375. No pecuniary penalty or forfeiture shall be recoverable for a corrupt practice if it appears that the person charged and another person or other persons were together guilty of the act charged either as giver and receiver or as accomplices or otherwise and that the person charged has previously bona fide prosecuted such other person or persons or any of them for the corrupt practice but this provision shall not apply if the court or judge before whom the person claiming the benefit thereof is charged certifies that it clearly appears that the person so charged took the first step towards the commission of the offence and that he was in fact the principal offender. OFFENCES AND PENALTIES. Returning 376. A returning officer, deputy returning officer, or other o_j!mB,eto., pgi-gon whose duty it is to deliver poll books or who has the OT auS™g custody of a certified list of voters, polling list or poll book who list of voters to wilfuUy makes any alteration or insertion in or omission from incur penaty ^^ j^ ^^^ ^^^ wilfuUy falsifies such Certified list, polling list or poll book shall be guilty of a corrupt practice and shall incur a penalty of $2,000 and shall also on conviction be imprisoned for one year. Offences relating to ballot papers 377. Every person who — (a) Fraudulently alters, defaces or destroys a ballot paper or the initials of the deputy returning officer thereon; or (b) Fraudulently and without authority supplies a ballot paper to any person; or (c) Fraudulently places in a ballot box a paper other than the ballot paper which he is authorized by law to place therein; or (d) Fraudulently delivers to the deputy returning officer to be placed in the ballot box any other paper than the ballot paper given to him by the deputy returning officer; or 690 ELECTIONS Cap. 3 1909 (e) Fraudulently takes a ballot paper out of the polling place; or (/) Fraudulently and without authority destroys, takes, opens or otherwise interferes with a ballot box or book or packet of ballot papers or a ballot paper or ballot in use or used for the purposes of an election; or (g) Fraudulently uses the authorized stamp for any purpose other than the stamping of ballot papers or not being a returning officer fraudulently has in his possession any such stamp or any counterfeit or imitation thereof; or {h) Being a deputy retiuning officer fraudulently puts his initials on the back of any paper purporting to be or capable of being used as a ballot paper at an election; or (i) With fraudulent intent prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; or (j) Being authorized by the returning officer to print the ballot papers for an election with fraudulent intent prints more ballot papers than he is authorized to print; or (fc) Attempts to commit any ofEence mentioned in this section: shall be disqualified from voting at any electioii for a term of eight years thereafter and liable if he is a returning officer, election clerk, deputy returning officer, poll clerk or other officer engaged in the election to imprisomnent without the alternative of fine for a term not exceeding two years and not less than six months with or without hard labour and if he is any other person to imprisonment for a term not exceeding one year and not less than three months with or without hard labour. 378. A person who wilfully and maliciously destroys, injures persons or obliterates or causes to be destroyed, injured or obliterated ^J^^^y ^^^ a writ of election or a return to a writ of election or a poll book, documents' ^ voters' hst, list of voters, polling list, certificate or affidavit efeoUons!°etc. prepared or drawn according to or for the purpose of meeting the requirements of this Act or any of them shall incur a penalty of $2,000 and shall also on conviction be imprisoned for one year. (2) A person who aids, abets, coimsels or procures the commis- Abettors sion of a violation of the next preceding subsection, shall be p"""*'*'''® guilty of a corrupt practice and shall inciu- a penalty of $2,000 and shall also on conviction be imprisoned for one year. 379. -Any person vmlawfully taking down, covering up, Peraom mutilating, defacing or alteriug any proclamation, notice ort^^p™, . other document required to be posted up xmder any of the «"=•• ''°*''»8 provisions of this Act shall be Uable to a penalty not exceeding $100 and costs and not less than $25 and costs or in default of payment of such penalty and costs to imprisonment for a term not exceeding six months and not less than one month with or without hard labour and if the person so offending is a registrar, deputy registrar, returning officer, election clerk, deputy returning officer, poll clerk or other officer engaged under the provisions of this Act he shall be liable to a penalty not exceeding 691 1909 Cap. 3 ELECTIONS and costs and not less than $100 and costs or in default of payment of such penalty and costs to imprisonment for a term not exceeding one year and not less than three months with or without hard labour. (2) A copy of subsection (1) of this section shall be printed in large type either upon every such proclamation, notice, list of voters or other documents or shall be printed as a separate notice and posted up where it can be easily read close to such proclamation, notice or other document. Penalty for deputy returning officer omitting to initial ballots Deputy returning officer or poll clerk neglecting duties 380. A deputy returning officer who omits to put his initials on the back of a ballot paper in use for the purpose of an election OF who puts on any ballot paper any word,' letter, figure or inark not required by this Act shall incur a penalty of $20 in respect of .every such ballot paper. (2) A deputy returning officer or poll clerk who refuses or neglects to perform . any of the duties imposed upon him by sections 186 to 193 shall for each refusal or neglect incur a penalty not exceeding $200. Ssoonduct 381. A deputy returning officer or poll clerk who wilfully in counting miscouuts the ballots or otherwise makes up a false statement ballots, etc. ^£ ^^^ p^jj ^j^^^jj 1^^ guilty of a corrupt ■ practice and shall incur a penalty of $200 and one month's imprisonment. Penalty for 283. A pcrsou who upon demand refuses to deUver up to a gtvTup^ams returning officer or deputy returning officer any weapon as provided in section 245 shall incur a penalty of far^^g'arms 383. A pcrson offcuding against any of the provisions of section 246 shaU incur a penalty of $100. So°atin '"' '^^*" ^ person who acts in contravention of sections 247, 248, secrecy 249 or 250 shall be liable on conviction to imprisonment for any term not exceeding six months. Money penalty 385. Evcry officcr engaged in the election who is guilty of for offences ^ wilful act or omission in contravention of this Act shall in addition to any other penalty or liability to which he may be subject forfeit to any person aggrieved thereby a sum not exceeding $400. PROSECUTIONS. Proceedings for enforcement of Act Appeal from District Court in certain cases 386. Proceedings for the imposition of punishment by fine, penalty or imprisonment for any violation of any of the provisions of this Act shall.be brought summarily before the judge of the District Court of the judicial district in which such violation was committed, sitting and acting as a justice of the peace under the provisions of part XV of The Criminal Code, and the provisions of said part XV of The Criminal Code shall, except as herein specially excepted, apply mutatis mutandis to such proceedings. (2) No appeal shall lie from the decision of a District Court judge under the provisions of this section, save only in cases involving offences declared to be corrupt practices and punishable by imprisonment alone or in addition to a pecuniary penalty or fine, in which cases there shall be an appeal from a conviction 692 ELECTIONS Cap. 3 1909 to the Supreme Court en banc; and the provisions with respect to appeals contained in the said part XV of The Criminal Code shall apply mutatis mutandis to such appeals. 387. In any proceeding it shall not be necessary at the hearing writ need not to produce the writ of election or the return thereto or the authority at Sai "°° of the returning officer founded upon the writ of election but general evidence shall be sufficient. 388. The certificate of the returning officer to that effect Cenificatea shall constitute proof of the election having been held and oilmeer^bt the fact of any person therein stated to have been a candidate »^J}™*p™°' having been such candidate; and such facts may also be proved election by parole evidence. 389. Any pecuniary penalty, fine or sum of money which Pecuniary an accused person has been ordered to pay shall belong to the to^neraf '™*° general revenue fund of the province. revenue fund 390. In the event of suspension or delay at any stage of such Court m\y^ proceedings the court before which- the matter is pending maytotatei^ew' permit one or more persons to intervene and carry on such proceedings to a final determination. 391. Proceedings for violation of the provisions of this Act limitation of shall be commenced within six months next after the violation ^™°^ ^ of this Act was committed by act or omission and not afterwards. ELECTION EXPENSES. 393. Every candidate shall appoint an official agent whose -^Pig'"^™* name and address shall be declared in writing to the returning" ° " ^™ officer on or before the nomination day. (2) In the event of the death or incapacity of an official on death agent the candidate shall forthwith appoint another official of an°agent!^ agent in his place and give notice to the returning officer of the ^f ^"^4*^^°* name and address of the person appointed which shall be forthwith published by the returning officer. 393. No payment, except with respect to the personal expenses Payments of a candidate and no advance, loan or deposit shall be niade^"^*^*"^^® ^ by or on behalf of a candidate before, during or after the election through agent on account of the election otherwise than through his official agent. (2) "Personal expenses" when used in this section shall include Personal the following expenses and payment therefor may lawfully oandilltef be made by the candidate personally — S''f'*d° (a) Reasonable and bona fide rent or hire of halls or other "" " ° places used by the candidate personally in which to address public meetings of voters; and the expenses incurred in heating, lighting and cleaning the same; (6) Reasonable, ordinary and necessary travelling and living expenses of the candidate; (c) Reasonable, ordinary and necessary travelling and living expenses of one speaker for each meeting who accompanies the candidate and travels with him for 693 1909 Cap. 3 ELECTIONS nu8 probandi Beoeipt of ordinary and reasonable charges, when not to dis- qualify voter the purpose of speaking at a public meeting to be addressed by the candidate; (d) Reasonable and ordinary charges for the hire and keep of horses and hire of conveyances for the use of the candidate in travelluig to and from public meetings and in canvassing in the electoral division and reasonable and ordinary charges for the services and maintenance of a driver; (e) Reasonable and ordinary charges for use by the candidate personally of not more than one conveyance and the services of a driver on the polling day. (3) The onus of showing that the personal expenses paid by the candidate were fair, reasonable and proper and not in' excesg of what is ordinarily paid for similar services and accom- modation shall be upon the candidate. (4) The contracting for or the receipt of the ordinary and reasonable charges — (a) By the owner or possessor of a hall or room in which to hold bona fide public meetings for the purposes of the election; or (Jb) By a printer for printing voters' lists, election addresses or advertisements or notices of election meetings; or (c) By any person for the hire of horses and vehicles used in connection with and for the proper purposes of the election and not for carrying voters; shall be lawful and shall not disqualify him from voting. Claims on candidate in receipt of any election when to be sent in to agent Case of death of person making claim Case of death of agent Agent not to pay without authority of candidate 294. Every person who has any claim against a candidate for or in respect to an election shall send in such claim within one month from the day of the declaration of the result of the election to the official agent of the candidate otherwise he shall be barred of his right to recover the same. (2) In case of the death within the said month of any person having such claim his legal representatives shall send it in within one month after probate or administration has been obtained otherwise the right to recover the same shall be barred. (3) In case of the death of the official agent or of his incapacity to act and no other agent having been appointed such claim may be sent in or delivered to the candidate. (4) No such claim shall be paid without the authority of the candidate and the approval of the official agent. one month from election uSTocoLita 395. Notwithstanding anything hi the next preceding section rendered after contained any claim which would have been payable if sent in withia one month of the day of the declaration may be paid by the candidate through his official agent after that time if such claim is approved by the judge. All claims allowed by the judge shall within one week thereafter be advertised by the returning officer at the expense of the candidate in the same newspaper in which the statement of the other election expenses were published. A detailed statement of election expenses, etc.* to be sent to returning 396. A detailed statement of all election expenses incurred by or on behalf of a candidate including payments in respect of his personal expenses shall within two months after the election (or where by reason of the death of the creditor no claim has 694 ELECTIONS Cap. 3 1909 been sent in within such period of two months then within one officers, who month after such claim has been sent in) be made out and signed Lme"" by the oflBicial agent who has paid the same (or by the candidate in case of payments made by him) and delivered with the bills and vouchers relating thereto to the returning officer. (2) The returning officer within fourteen days after receiving the statement shall publish at the expense of the candidate an abstract thereof in a newspaper published or circulating in the electoral division and the returning officer shall mail a copy of the said statement to the clerk of the Executive Council. (3) An agent or candidate who makes default in delivering Penalty the statement to the returning officer shall incur a penalty not exceeding |25 for every day during which he makes default. (4) An agent or candidate who wilfully furnishes to the returning Penalty officer an untrue statement shall incur a penalty of $400. (5) The returning officer shall preserve all such bills andi^t"ri™E vouchers and shall during the six months next after they have preserv "wus, been delivered to him permit any voter to inspect the same onf^p'^^J-o^'^"'' payment of a fee of twenty-five cents. f FEES AND EXPENSES. 397. The compensation of returning officers and other persons Compensation employed at or with respect to elections under this Act and allt°beSedTy expenses consequent thereupon shall be paid by the Provincial ^'e«te°a°*^'l Treasurer out of the general revenue fimd of the province butcomSi"'" only such sums as shall be determined by the Lieutenant Governor in Council and no more shall be allowed or paid for such services and expenses. (2) All accounts for compensation of services and expenses payable under the provisions of this section shall be rendered in duplicate duly certffied to and accompanied by satisfactory vouchers showing disbursements made, if any, and shall be forwarded for payment as herein provided to the clerk of the Executive Council at the City of Edmonton. GENERAL. 398. The Lieutenant Governor in Coimcil may make such Lieutenant rules and regulations as he may deem necessary for giving effect comcu°m "^ to this Act and for carrying out the provisions thereof according ma!^"' ™*^ to its intent and meaning. regulations _ 399. The Lieutenant Governor in Coimcil may from time to Lieutenant time whenever it is necessary so to do vary any of the forms cSS°Li° in the schedule to this Act or may cause to be adopted any other va^^etoT^ form or forms which he considers applicable to any special case '°'™ or class of cases for which a form has not been provided in the schedule to this Act. 300. Chapter 3 of The Consolidated Ordmances of the North- c 3 co isqs West Territories, 1898, intituled "The Territories Elections ^^''"'^^^ Ordinance," and all amendments thereto, are hereby repealed. 695 1909 Cap. 3 ELECTIONS SCHEDULE. The following is the schedule of forms referred to in this Act: FORM 1. (Section 15.) Pkoclamation fob Making and Revision of Lists of Voters. ' CANADA: "1 PROVINCE OF ALBERTA. / Edward the Seventh by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India. PROCLAMATION. To all to whom these presents shall come. Greeting: Whereas, pursuant to the provisions of The Alberta Election Act, it has been determined to make and revise a list of voters in and for the several electoral divisions of the Province of Alberta and it is necessary for the said purpose to issue a proclamation containing the information hereinafter set forth; Now, therefore, we have thought fit and do hereby pm'suant to the powers and authority contained in The Alberta Election Act proclaim the following: (Here shall follow the particulars required pvfrsiumt to section 15 of The Alberta Election Act.) In testimony whereof we have caused these our letters to be made patent and the Great Seal of our said Province of Alberta to be hereunto affixed. /Witness our right trusty and well beloved, His Honour, . . ; Lieutenant Governor of our said Province of Alberta. At our Government House in owe City of Edmonton in our said Province of Alberta this day of in the year of our Lord one thousand nine hundred and and in the year of our reign. By command, Provincial Secretary. FORM 2. (Section 16.) Notification to Registrar. To CD. (insert residence and occupation). Know you that, under the provisions of The Alberta Election Act you have been appointed Registrar for the Electoral Division of (here state name of the Electoral Division). Given under my hand at the City of Edmonton in the Province of Alberta this day of A.D. 190 A.B., Clerk of the Executive Qouncil. FORM 3. (Section 16.) Notification to Revising Officer. To His Honour , District Court Judge. Know you that under the provisions of The Alberta Election Act you have by virtue of your office been appointed Revising Officer for the purpose of adding to a;nd revising the list of voters in and for the Electoral Division 696 ELECTIONS Cap. 3 1909 of and that for the purpose named you are possessed of all the powers and authority in that behalf contained in The Alberta Election Act. Given under my hand at the City of Edmonton, in the Province of Alberta, this day of A.D. 19 A.B., Clerk of the Executive Council. FORM 4. (Section 18.) Form of Register. Electoral Division of . . . Polling Subdivision No . (First Page.) LIST OP PERSONS REGISTERED AS VOTERS OR APPLTING THEREFOR BUT REFUSED. No. Name Residence of person. (Give street and num- ber if possible) Occupa- tion or profes- sion "AUowed' or "disal- lowed" Remarks FORM 5. (Sections 19 and 33.) Electoral Division of . . . Polhng Subdivision No . INTEBROGATOBIBS TO BE ANSWERED BT PERSONS APPLYING TO BE REGIS- TERED VOTERS. N.B. — ^In view of the uncertain knowledge of applicants for registration generally as to the limits and boundaries of the several polling subdivisions, the deputy registrar should before writing any answer refer to section 33 of The Alberta Election Act, under which it is the duty of the deputy registrar (1) to direct the attention of the applicant to form 10 as to the limits and boundaries of polling subdivisions; (2) to satisfy himself by verbally putting interrogatory No. 2 that the apphcant is actually resident within one of the polling subdivisions for which such deputy registrar is acting; and (3) if such apphcant is not so resident, to inform such applicant as to the name and address of the deputy registrar to whom application shotild properly be made." 697 1909 Cap. 3 KLECTIONS 1. What is your Christian naane, surname, place of residence, occupa- tion and post office address? {Street and number of house to be given if possible.) 2. Do you now reside in Polling Subdivision No of the Electoral Division of for which you now apply to be regis- tered? On what premises do you reside? 3. Are you of the male sex and of the full age of twenty-one years? 4. Are you a British subject by birth or naturalization? State which. 5. Have you resided in the Province of Alberta for one year immediately prior to ? (Here insert the date fixed for the closing of the registration of voters under the ■provisions of The Alberta ■ Election Act.) 6. Have you resided and had yoiu- fixed habitation in this Electoral Divis- sion for a continuous period of three months immediately prior to ? {Here insert the date of the closing of the registration of voters under the pro- visions of The Alberta Election Act.) {The following interrogatory is to be put in case the applicant has not been a resident of the electoral division in which he is at present residing for a continuous period of three months immediately prior to the date of the closing of the registration of the voters under the provisions of the Alberta Election Act but seeks reg' tration in the electoral division in which he formerly resided.) 7. Have you resided and had your fixed habitation in this Electoral Divi- sion for a continuous period of three months during the said period of one year? 7. 8. Are you in any respect disquaUfied from being registered a voter in this Electoral Division under The Alberta Election Act"! 9. Have you applied for and been registered in this or any other Electoral Division in Alberta during the current year? Canada, Province of Alberta, To Wit: I, {name in full), of in the Province of Alberta {occupation), do solemnly 'declare that the foregoing answers in writing to the above interrogatories are true and correct in substance and 698 ELECTIONS Cap. 3 1909 in fact, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Ad. Declared before me at in the said province this day of A.D. 19 A.B., Registrar or Deputy Registrar. Electoral Division of Polling Subdivision No Electoral Division of . . . Polling Subdivision No. FORM 6. (Sections 19 and 33.) INTEREOGATORIES TO BE ANSWERED BT PERSON ON BEHALF OF A PERSON UNABLE OWING TO PHYSICAL DISABILITY TO ATTEND PERSONALLY TO APPLY FOR REGISTRATION AS A VOTER. N.B. — In view of the uncertain knowledge of applicants for registration generally, as to the limits and boundaries of the several polling subdivisions, the deputy registrar should before writing any answer refer to section 33 of The Alberta Election Act under which it is the duty of the deputy registrar (1) to direct the attention of the appHcant to form 10 as to the limits and boundaries of poUing subdivisions; (2) to satisfy himself by verbally putting interrogatory No. 2 that the applicant is actually resident within one of the polling subdivisions for which such deputy registrai is acting; and (3) if such applicant is not actually so resident to inform such applicant as to the name and address of the deputy registrar to whom application should properly be made. 1. What is the Christian and sur- name, place of residence, occupation and post office address of the apphcant for registration? (Street and number to be given if possible.) 1. 2. Does he now reside in Polling Subdivision No of the Electoral Division for which he now apphes to be registered a voter? On what pre- mises does he reside? 2. 3. What is your Christia.n name and surname, place of residence and post office address? {Street and number to be given if pos- sible.) 3. 4. What is the relationship between yourself and the appUcant? 4. 5. Is the applicant of the male sex and of the full age of twenty-one years? 5. 6. Is the appUcant a British subject either by birth or naturalization? State which. 6. 7. Has he resided in the Province of Alberta for one year immediately prior to (here insert the dale of the dosing of the registration, of voters under the pro- visions of The Alberta Election Act)"! 7. 699 1909 Cap. 3 ELECTIONS 8. Has the applicant resided or had his fixed habitation in this Electoral Division for a continuous period of three months immediately prior to (here insert the dale of the dosing o/ the registration of voters under the pro- visions of The Alberta Eledvm Aet)t 8. {The following Interrogatory is to be put in case the applicant has not been a resident of the Ekdoral Division in which he is at present residing for a corv- tinuous period of three months immedi- ately prior to the date of the closing of the registraiion of the voters under the provisions of The Alberta Election Act but seeks registration in the Electoral Division in which he forrfierly resided.) 9. Did the applicant reside and have his fixed habitation in this Electoral Division for a continuous period of three months during the said period for one year? 9. 10. Is he in any respect disqualified from being registered as a voter in this Electoral Division under this Act? 10. 11. What is the nature of the physi- cal disabihty that prevents the appli- cant from applying personally to be registered a voter within this Electoral Division? 11. 12. Has the apphcant apphed for and been registered a voter in any other Electoral Division in Alberta during the current year? 12. STATUTOKT DECLARATION. Canada \ I (name in full), of Province of Alberta, in the Province of Alberta (occupation), do solemnly To wit: J declare the foregoing answers in writing to the above interrogatories are true and correct in substance and in fact; that I make this solemn declaration conscientiously beUeving it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at in the said province this day of A.D. 19 A.B., Registrar or Deputy Registrar. Electoral Division of Polling Subdivision No FORM 7. (Sections 19 and 33.) Electoral Division of . . . PoUing Subdivision No. INTBRKOGATORIES TO BE ANSWERED BY PERSON ON BEHALF OP A PERSON UNABLE TO ATTEND PERSONALLY TO APPLY POR REGISTRATION AS A VOTER BY REASON OP BEING TEMPORARILY AND UNAVOIDABLY ABSENT. N.B. — In view of the uncertain knowledge of appUoants for registration generally as to the limits and boundaries of the several polling subdivisions 700 ELECTIONS Cap. 3 1909 the deputy registrar should therefore before writing any answer refer to section 33 of The Alberta Election Act under which it is the duty of the deputy registrar (1) to direct the attention of the applicant to form 10 as to the limits and boundaries of poUing subdivisions; (2) to satisfy himself by verb- ally putting interrogatory No. 2 that the applicant is actuaUy resident within one of the polling subdivisions for which such deputy registrar is acting; and (3) if such appUcant is not so resident to inform such appUcant as to the name and address of the deputy registrar to whom application should properly be made. 1. What is the Christian and sur- name, place of residence, occupation and post office address of the appUcant for registration? {Street and number to be given if pos- sible.) 2. Does he now reside in Polling Subdivision No of the Electoral Division for which he now applies to be registered a voter? On what premises does he reside? 3. What is your Christian and sur- name, place of residence, occupation and post office address? {Street and number to be given if pos- sible.) 4. What is the relationship between yourself and the applicant? 5. Is the appHcant of the male sex and of the full age of twenty-one years? 6. Is the appUcant a British subject either by birth or naturaUzation? State which. 7. Has he resided in the Province of Alberta for one year immediately prior to {here insert the date of the clos- ing of the registration of voters under the provisions of The Alberta Election Act)1 7. 8. Has the appUcant resided or had his fixed habitation in this Electoral Division for a continuous period of three months immediately prior to {here insert the date of the closing of the registration of voters under the pro- visions of The Alberta Election Act)'! {The following Interrogatory is to be put in case the applicant has not been a resident of the Electoral Division in which he is at present residing for a continuous period of three months inv- mediately prior to the date of the closing of the registration of voters under the provisions of The Alberta Election Act but seeks registration in the Electoral JMmsian in which he formerly resided.) 9. Did the appUcant reside and have his fixed habitation in this Electoral Division for a continuous period of three months during the said period of one year? . 701 1909 Cap. 3 ELECTIONS 10. Is he in any respect disqualified from being registered as a voter in this Electoral Division under tke pro- visions of The Alberta Election Acf. 10. 11. What is his business and is he at present absent from the province with respect thereto and unaole to apply personally to be registered a voter within this Electoral Division? 11. 12. Has the applicant applied for and been registered a voter in any other Electoral Division in Alberta during the current year? 12. Canada ] I (nome in fvtt), of Province of Alberta, \ in the Province of Alberta {flccupation), do solemnly To wit: J declare that the foregoing answers in writing to the above interrogatories are true and correct in substance and in fact; and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Ad. Declared before me at in the said Province this day of A.D. 19 A.B., Registrar or Deputy Registrar. Electoral Division of Polling Subdivision No FORM 8. (Section 22.) Oath of Registrar. I, the undersigned, appointed registrar for the Electoral Division of , do solemnly swear {or affirm) that I will faithfully discharge and pacform all the duties of the office without partiality, fear, favour or affection and in every respect according to law. So help me God. Sworn {or affirmed) before me at ] in the Province of Alberta, this \ A.B., day of A.D. 19 J Registrar. A Commissioner, etc. {or, as the case may be.) FORM 9. (Section 22.) Commission of Deputy Registrar. To CD. {Set forth his residence and occupation). Know you that in my capacity of Registrar for the Electoral Division of under the provisions of The Alberta Election Act I do hereby appoint you to be a deputy registrar in and for the polling subdivisions numbers to act in that capacity according to law. Given imder my hand this dav of A.D. 19 A.B., 702 ELECTIONS Cap, 3 1909 FORM 10. (Section 23.) Registkation op Voters. Electoral Division of PubUo notice is hereby given — 1. That pursuant to the proclamation of the Lieutenant Governor in Council in that behalf it has been determined to make_ and revise a list of voters for each polling subdivision in the Electoral Division of 2. That registration sittings wiU be held from day of'. to the day of 19 until day the day of '. . . .19 , both inclusive between the hours of nine o'clock in the forenoon and nine o'clock in the afternoon with inter- missions from half past twelve o'clock to two o'clock and from six o'clock to half past seven o'clock. N.B. — The time from half past seven o'clock until nine o'clock in the afternoon shall so far as possible be set apart for the registration of working men. If a list of voters is to be compiled pursuant to sections Jfi to 60 both inclusive of The Alberta Election Act insert after the word "that" in the first line of the above paragraph the following: In polling subdivisions numbers to both inclusive hereinafter mentioned (being polling subdivisions included within the limits of a city constituency, city or town). 3. That all persons desuing to be regmtered as voters must apply person- ally at the place hereinafter stated except in case of sickness, physical disability, temporary and unavoidable absence in which case the provisions of sections '36 and 37 of The Alberta Election Act shall, apply. The list prepared imder the foregoing provisions will be subject to objection and revisions as provided by The A&erta Election Ad. 4. That the names, boundaries and limits of the said polling subdivisions numbers to inclusive and the places where registration sittings will be held in each polling subdivision are respec- tively as follows, that is to say: (Here insert the necessary information somewhat as follows:) Polling subdivision No. (give name) in the city (town or village) of consisting of (here fiU in the description con- cisely) at R. J. Robinson's office, 205 Central Avenue. (In case a list of voters of polling subdivisions not included within the limits of a dty constituency, city or town is being compiled pursuant to sections 4^ to SO both inclusive of The Alberta Election Act the following paragraph shall be added:) 5. That in polling subdivisions numbers to both inclusive hereinafter mentioned (being polling subdivisions not included within the limits of a city constituency, city or town) each deputy registrar wi|ll compile a list of voters by process of enumeration subject to final revision by the court of revision; that no personal application for registration shall be necessary; and that the names, boundaries and limits of the said polling subdivisions numbers to both inclusive are respectively as follows, that is to say: (Here insert the necessary information somewhat as follows): Polling Subdivision No. (give name) consisting of townships four and five in range six west of the fourth meridian (or as the case may be). A.B., Registrar. Electoral Division of FORM 11. (Section 23.) Registration op Voters. Take notice that under the provisions of the followimg sections 10 to 12 both inclusive of The Alberta Election Act only' the following persons are 703 19Q9 Cap.. 3 elections entitled to be registered and to vote at an election of a member to serve in the Legislative Assembly of Alberta, that is to say: (Here insert sections 10 to 12 both inclusive of The Alberta Election Ad.) A.B., Registrar. Electoral Division of FORM 12. (Section 25.) Oath op Deputy Regisstrab. I, the undersigned, appointed Deputy Registrar for Polling Subdivision No in the Electoral Division of _. do solemnly swear (or aflSrm) that I will faithfully disch'arge and perform all the duties of the office without partiality, fear, favour or affection and in every respect according to law. So help me God. Sworn (or affirmed), etc. A.B., Deputy Registrar. FORM 13. (Section 35.) Cebtificatb of Deputy Registrar op Refusal' to Insert Name op Appucant for Registration in Register. Electoral Division of . . , Polling.Subdivision No I, , Deputy Registrar for Polling Subdivision No. , in the Electoral Division of :■■•.•■ do hereby certify that I refused favourably to entertain the application of for the registration of the name of as a voter of Polling Subdivision No ; . . of the Electoral Division of for the following reasons {here state reasons): Given imder my hand this day of A.D. 19 A.B., Deputy Registrar. Electoral Division of Polling Subdivision No FORM 14. (Section 36.) Notice to Deputy Regist^iar by Person Unable to Apply for Regis- THAmoN Owing TO Sickness or OtaER Physical Disability. To the Deputy Registrar of Polling Subdivision No of the Electoral Division of Take notice that I, (name, etc., in full) of claim to be entitled to be registered as a voter in Polling Subdivision No. of the Electoral Division of That my place of residence is (give residence); That I am physically unable to apply personally for re^stration as afore- said; 704 ELECTIONS Cap; 3 1909 ■That I aih entitled to be registered and to become •» v6ter in aiid for'the said Polling Subdivision No '.of the said Electoral Divisioii' of... Dated this day of. A.D. 19 A.B. FORM 15. (Section 36.) NonoB TO Deputt Registrar bt Absentee. To the Deputy Registrar of Polling Subdivision No. the Electoral Division of .of Take notice that I, {name in full) of .claim' to be entitled to be re^tered a voter in Polijng Subdivision No of the Electoral Division of That my place of residence is {state residence)', That I am now and have been temporarfly and necessarfly absent from , my place of residence, since the day of ., 19 , and no longer in the pursuit of my usual calling or occupation {or by reason of the following cause, viz., stating «);■.■■ ■ ■■ That I am entitled to be registered and become a voter in and for the said Polling Subdivision No of. .' the said Electoral Division of Dated this ; day of; A.D. 19 OJD, FORM 16.. (Sections 44 (1) and 52.) List of Voters. Electoral Division of . . . Polling Subdivision No. No. Name Occu- pation Residence (Street and House Number) Post Office Address Remarks Form of Certipicatb on Concluding Page. I, , Deputy Registrar of Polling Subdivision No in the Electoral Division of do hereby certify that the names of the persons set forth above, numbered pages to \ inclusiVe, are the names of all the persons and of no others who attended before me and were registered 705 1909 Cap. 3 ELECTIONS as voters in said polling subdivision at the registration sittings held by me therein on the {give dates) and that the occupations and residences of such persons are truthfully shown. . X>ated at this day of A.D. 19 A.B., Registrar or Depviy Registrar. Electoral Division of PoUing Subdivision No , FORM 17. (Sections 45 (2) and 49 (3).) NoncE. Electoral Division of . . . PoUing Subdivision No. Take notice that objections or complaints may be made by any of the persons mentioned in clauses 1, 2, 3 or 4 of section 32 of The AUxrla Election Act and by any person entitled to be registered as a voter to the retention of any name or names set forth in the above list by delivering or transmitting by registered post to. the Deputy Registrar for Polling Subdivision No in the Electoral Division of directed to him at ." post office on or before the day of A.D. 19 , a notice in writing in the case of each objection or complaint settinig forth the grounds of such objection or complaint and giving the name and post office address of the person objected to. Note. — ^Each objection or complaint shall be in respect of one name only in each case. And further take notice that on the day of A.D. 19 , at the hour of o'clock in the noon at (name of court house, tovm hall or other building) in the of (city, town or milage) in the Province of Alberta, a court of revision will be held to hear and determine any and all applications to add names to and any, and all objections against the retention of any name or names on the above list of voters for Polling Subdivision No in the Electoral Division of Dated this day of .A.D. 19 A.B., Registrar. Electoral Division of Polling Subdivision No FORM 18. (Section 48.) List op Voters. Electoral Division of . . . PoUing Subdivision No. Name Occu- pation or addition Residence (Give street and number and section if possible) Post Office Address Remarks 706 ELECTIONS Cap. 3 1909 I certify that the foregoing is a true copy of the list of voters in Polling Subdivision No of the Electoral Division of as made by me diuing the current year. Dated this day of A.D. 19 A.B., Registrar or Deputy Registrar. Electoral Division of Polling Subdivision No FORM 19. (Section 51 (2).) Notice to Person Objected to. Electoral Division of. . . Polling Subdivision No. You are hereby notified that an objection or complaint has been filed with me to the retention of your name on the list of voters perpared by me pur- suant to section 44 {or 48 as the case may be) of The Alberla Election Act for this Polling Subdivision and that a sitting of the coiuii of revision to revise the list of voters for Polling Subdividon No of the Electoral Division of will be held at in the (.city, town or vitiate, or as the case may be) commencing at o'clock iii the noon on the. . . 1 day of A.D. 19 , when and where such objection or complaint will be heard, of which you are hereby required to take notice and to govern yourself accordingly. A.B., Registrar or Depviy Registrar. To {give address). N.B. — This notice must be sent by, registered post. Canada Province of Alberta To wit: FORM 20. (Sections 52 and 86.) I, ; of the of in the Province of Alberta, {occupation), make oath and say: 1. That I have set down in the list of voters appended hereto for {describe the polling subdivision for which the deponent is deputy registrar), according to the best oit my knowledge, inforination and belief, the name of every person entitled to be entered thereon; 2. That I have not entered Upon the said list the name of any person which I had any reason to know or believe ought not to be entered thereon; 3. That I have not intentionally omitted from the said list the name of any person which I had any reason to know or beUeve ought to be entered thereon; 4. That I have to the best of my knowledge and beUef discharged the duties required of me by The Alberta Election Act; 5. That after posting notices as required by section 47 of The Alberta Election Act and before preparing the said lists I personally visited every house or other dwelUng place in the said polling subdivision and made careful inquiry at all such houses as to the names of all persons entitled to be placed upon said list as required by section 48 of the said Act. Sworn before me at the I of in the Province of I Alberta this day of | A.D. 19 I A in and for the Province of. 707 1909 Gap* '3 elections FORM 21. (Section 52.) FoBM OP Cekuficatb op Deputy Registrab on Tbansmitting Bookb, Etc., to Registrar. Electoral Division of . ; Polling Subdivision No I, Deputy Registrar of Polling Subdivision No of the Electoral Division of do hereby certify that the accompanying books, documeiits, papers and notices constitute and comprise all the books, documents, papers and notices in my possession relating to and used by me at the registration of voters in Polling Subdivision No and that the list of names appear- ing in the register forming part of such books comprises the names of all and only the persons who were by me registered as voters in the said polling subdivision and is true in substance and in fact. Dated at this day of. A.D. 19 A.B., Deputy Registrar. Electoral Division of . . . Polling Subdivision No. FORM 22. (Section 58 (2).) Electoral Division of . . . Polling Subdivision No. To (here insert name), Deputy Registrar of Polling Subdivision No You are hereby notified that the dates on, the place or places at, and the hours between which a coiut of revision will be held for the Electoral Division of , are as follows: (Aere give the necessary inform- cUion applicable to each electoral cKvision). A.B., Electoral Division of FORM 23. (Section 64.) Order pob Attendance op Witness at CoiniT op Revision. Electoral Division of To (here insert name, occfupation and residerux). I do order you and each of you personally to attend before the court of revision to be held on the day of 19 at o'dock in the .noon at in the of. in the Province of Alberta and then and there to testify 'What you and each of you may know concerning the complaint or application then to be investigated by the said court and so on from day to day, and you and each of you shall bring with you and each of you the papers herein particularly described, that is to say: Given under my hand at this day of 19 , under The Alberta Election Act. A.B., Revising Officer. 708 ELECTIONS Cap« 3 1909 FORM 24. (Section 75.) Certifioatb of Revising Qfficbr. Canada I Province of Alberta \ To wit: J Electoral Division of I, , the undersigned revising oflScer for the Electoral Division of do hereby declare and certify- that the sittings of the court of revision for the purpose of adding to and revising the list of voters for the Electoral Division of have been held by me pursuant to and in strict compliance with the statutory requirements in that oehalf and that all necessary corrections have been made therein and the names of all persons entitled to be registered as voters who so appUed have been added thereto and that the said list as revised by me now is and constitutes the Ust of qualified voters in and for the said Electoral Division of and is now in fvdl force and effect. Given under my hand at. . . : in the Province of Alberta, this day of .A.D. 19 A.B., Revising Officer. FORM 25. (Section 108.) Writ op Election. Canada \ Province of Alberta./ George the Fifth, by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith. To of in the Province of Alberta, greeting: Whereas, by advice of our Executive Coxmcil of our Province of Alberta, we have ordered a Le^^ture to be holden at pur City of Edmonton on the day of^ V. , next. {Omit \this preamble in case of a lyye-etection.) | . j j We command yoii that, notice of the timeiand placWof eljection being given, you do cause an etection to be held according to law of a, member to serve in the Legislative Assembler of our said Province of Ailberlia for the Electoral Division of (in 'case ■ of a hye-fHedion insert here "in the place of.; , deoeaspd," ■ or otherwise state cause of vacancy), and that you do cause a nomination of candidates at such election to be held on the ■. .day of ; . . . next, and that in the event! of a ppll being granted you do cause a poU t<) be taken on the .dayjof..^ i....l9 , knd do cause the name of each member or me'mbers so eleclsed whether he be present or absent to be certified to our clerk of the Executive Council as by law directed. ' In testimony whereof we have caused these our letters to be made patent and the Great Seal of our said Province of Alberta to be hereunto affixed. Witness our trusty and well beloved Lieutenant Governor of our Province of Alberta, at our City of Edmonton, this ■ ■ day of in the year of our reign and the year of our Lord 19 By order, Clerk of the Executive Council. . (Endorsement.) Received the within writ on .' .beine the day of .19...... 1910 (2nd Session), c. 2, s. 22. Returning OJUxr'. 709 1909 Cap- 3 ELECTIONS FORM 26. (Section 109.) {To be put up at all PoUing Places.) Notice as to Sechbct of Voting. It is the sworn duty of every person in attendance at this polling place or at the counting of the votes not to attempt to ascertain how any person is about to vote or has voted and not to communicate any information obtained at the polling place which may enable or afsist any person to ascer- tain how any person has voted. It is further the sworn duty of every such person by ail proper means to maintain and aid in maintaining the absolute secrecy of the polling at this polling place. Any person who acts in contravention of his duty in any of the said par- ticulars is liable to imprisonment for any term not exceeding six months. By The Alberta Election Act it is further provided that no person shall destroy, take, open or otherwise interfere with any ballot box or book or packet of ballot papers or a ballot paper or ballot in use for the purposes of the election or shaU attempt to do so and that any returning officer, deputy returning officer or other officer engaged in the election who is guilty of any violation of that provision shall be liable to imprisonment for three yeare and any other person guilty of such violation to imprisonment for one year. The said Act further provides that in addition to eveay other penalty and liability any officer engaged in' the election who is guilty of any wilful misfeasance or any wilful act or omission in contravention of the Act shall forfeit to any person aggrieved thereby the sum of $400. AJB., Clerk of the Executive CouncU. FORM 27. (Section 111.) Poll Boos. 6 1 o Names of VOTEBS i o •I 1 Voted indicate that oter has voted Remabes O ^ OQ rt^ H > FORM 28. (Section 111 (2).) Electoral Division of 1*0 {here insert name), Deputy Returning Officer of Polling Place No You are hereby notified that the limits and boundaries of the several polling subdivisions of the Electoral Division of are as follows: ' 710 ELECTIONS Cap.>3 1909 Polling Subdivision No (give name) (here state limits and boundaries concisely). PolLng Subdivision No (give name) (here state limits and boundaries concisely). Polling Subdivision No (give name) (here state limits and boundaries concisely). Polling Subdivision No' (give name) (here state limits and boundaries concisely). Polling Subdivision No (give TMme) (here state limits and boundaries concisely). Polling Subdivision No (giv^ name) (here stale limits and boundaries concisely). 4..B., Reluming Officer. Electoral Division of FORM 29. (Sections 120 and 128.) Oath of Rbtdkning Ofpicbr. I, A.B., Returning Officer for the Electoral Division of swear (or solemnly affirm) that I am legally qualified to act as returning officer for the said Electoral Division and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God. Sworn (or affirmed) beforeme at the .of in the Province of Alberta, this day'of 19 A.B., Returning Officer. A Commissioner, etc. (or as the case may be). FORM 30. (Section 121.) Phoclamation or the Rettjening Offtceb Declabino the Time and Place pok the Nomination of Candidates and the Dat for Opening THE Poll. pkoclamation. Electoral Division of Public notice is hereby given that in obedience to His Majesty's writ to me directed and bearing date the day of 19 , I require the presence of the voters at (the town haU, or as the case may be), in the (city, toxtm or village, as tlie case may be) in the Electoral Division of .on the day of .'^ , 19 , from noon until two o'clock in the aftranoon, for the purpose of nominating a person to represent them in the Legislative Assembly; and notice is further given that in case a poll is demanded and allowed in the manner by law prescribed such poD will be opened on the day of 19 from the hour of nine o'clock in the forenoon until five o'clock in the after- noon, and in cities from eight o'clock in the forenoon imtil six o'clock in the afternoon, as follows: For the polling subdivision No. 1, consistiag of (or bounded as follows: or otherwise describing it dearly) at (descrilkng the polling place and so continuing for all the other polling subdimsions and polling places in the electoral division). And further that at (describe place where voles wUl be added up) on the •••■•• • day of at the hour of I shall open the ballot boxes, add up the votes given for the several candidates and declare to be elected the one (or as the case may be) having the largest number of votes. 711 1909 Cap. 3 ELECTIONS Of which all persons are -hereby required to take notice and to govern themselves accordingly. God save the King. Given under my hand at this day of , in the year 19 1910 (2nd Session), c. 2, s. 22. ' Returning Officer. FORM 31. (Section 124 (1).) Commission of Election Clerk. To E.F., (set forth his residence and occupalion). In my capacity of returning ofScer for the Electoral Division of I hereby appoint you to be my election clerk to_ act in that capacity at the approaching election for the said Electoral Division which election will be opened by me on the day of 19 , (the dale to he inserted here is the day of nomination). Given under my hand this. day of. 19. A.B., Returning Officer. FORM 32. (Section 125.) Oath of Election Clebe. I, E.F., appointed election clerk for the Electoral Division of swear (or solemnly a£Srm) that I am legally qualified to act as election clerk, and that I will act faithfully in that capacity and also in that of returning officer if required to act in that capacity without partiality, fear, favour or affection. So help me God. Sworn (or affirmed) before me at the • of in the Province of Alberta, this day of 19 E.F., . Election Clerk. A Commissioner, etc. (or as the case may be). FORM 33. (Section 137.) Nomination Paper. We the Undersigned voters of the Electoral Division of ; hereby nominate (name, residence and occupation of Oie person nominated and present location if absent from the electoral diuision) as a candidate at the election now about to be held of a member to represent the said electoral division in the Legislative Assembly of Alberta. (// ffie person nomiriated is absent from the electoral division it must be staled here.) Witness our hands this day of .19 ■ (Signature, with residence and' occupation.) Signed by the above subscribing voters before me, A.B., Justice^ of the Peace, Commissioner for Oaihs, Notary Public, or Returning Officer (as the case may be). 712 ELECTIONS Cap. 3 1909 I, the said CD., nominated in the foregoing nomination paper hereby consent to such nomination. My address for service is {here insert the address far service in accordance with the requirements of The Alberta Election Ad). Name of candidate. (Name of witness to candidate's signaiwre, E.F.) FORM 34. (Section 143.) Withdrawal op Candidate. Electoral Division of .■ I, , a candidate nominated for the above Electoral Division hereby withdraw. Dated at : this day of.. 19 Name of candidate. FORM 35. (Section 145.) Election Notice. notice of poll being granted and the candidates nominated. Electoral Division of , to wit: PubUo notice is hereby given to the voters of the electoral division afore- said that a poll has been demanded at the election now pending for the said electoral division and that I have granted such poU; and further that the persons duly nqminated as candidates at the said election and for whom only votes will be received are — 1. John Doe (here insert place of residence and occupation); 2. Richard Roe (here insert place of residence and occupation); 3. Geoffrey Stiles (here insert place of residence and occupaiion); 4. John Stiles (here insert place of residence and occupation); (As in the nomination paper.) Of which all persons are hereby required to take notice and to govern themselves accordingly. Given under my hand at this day of in the year 19 A.B., Reluming Officer. FORM 36. (Section 146.) Commission of Deputy Returning Officer. To G.H., (insert his residence and occupation). In my capacity of returning oflScer for the Electoral Division of I hereby appoint you to be deputy returning oflScer for Polling Place No _ of Polling Subdivision No (or as the case may be) in the said electoral division, there to take the votes of the voters and you are hereby authorized and required to open and hold the poll at the said polling place on the day of 19 1 at o'clock in the forenoon, at (here describe parHciUarly the place in which the poll is to be held) ■ 713 1909 Cap. 3 ELECTIONS »nd there to keep the said poll open diiring the hours jwescribed by law and to do and petfonn in such polling place all acts and duties rMjijmed to be performed by the deputy returning officer appointed to act tnerrfor and after counting the votes given to return to me forthwith the ballot box ' sealed with your seal and enclosing the ballots, envelopes, jjolling list and other documents required by law, together with this commission. Given imder my hand this day of 19 A.B., Returning Officer. FORM 37. (Section 147.) Oath op Depittt Retukning OpmcbS. I, G.J?., appointed deputy returning officer for Polling Place No. of the {or as the case mby 6e) of swear (ffr solenmly aflSnn) that I am legally quaJifiedto act as. deputy return- ing officer arid that I'will act faithfully in that, capacity without partiality, fear, favour or affection. So; help me God. Sworn {or affirmed) before me at the 1 of in the Province of Alberta \ G.H., this day of 19 — J Deputy Returning Officer. A Commissioner, etc. (or as the case may be.) FORM 38. (Section 151 (8).) Affidavit op Pmnteb. Electoral Division of I, , swear (or solemnly affirm) : 1. That by direction of the returning officer for the above named electoral division I printed the ballot papers for use at the election to be held on the day of... 19 , {insert date of polling) on the paper fvBmished by him for that piupose. 2. That the annexed form shows the description of the ballot papers printed by me as aforesaid. 3. That I supplied the returning officer with. of such ballot papers. 4. That no other of such ballot papers were printed by or supplied by me to anyone. Sworn (or affirmed) before me at the of in the Province of Alberta this day of 19 A Commissioner, etc. (or as the case may be.) FORM 39. (Section 151 (2).) Form op Ballot Papeb. PEONT. The black line above the first name shall extend to. the upper edge and the black line below the last name shall extend to the lower edge of the ballot 7ti ELECTIONS Cap. 3 1909 paper and all bkck lines be prolonged to the edge of the paper. The black mar^ to the left is the covmterfoil and the space to the left of the counter- foil IS the stub. There, shall be a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub. The ballots must be bound or stitched in books containing 25, 50 or 100 ballots according to the polling subdivision to be served. Form of Ballot Paper. BACK. No. 325 No. 325 No. of Vote in Poll Book. 715 1909 Cap. 3 ELECTIONS g £•■>: 3, c pi Q FORM 40. (Sections 109 and 153.) DiKECTtONB FOB THE GUIDANCE OF VoTEKS. The voter is to vote for only one candidate unless more than one member is to be elected for the electoral division, in which case he may vote for as '- many candidates as are to be elected. The voter shall go into one of the compartments and with the black lead pencil provided place a cross within the white space containing the name of the candidate or within the white spaces containing the names of the candidates for whom- he votes, thus: Xv" The voter shall then fold the ballot paper so that the initials and stamp on the back and the number on the counterfoil can be seen without opening it; he shall then return the ballot paper so folded to the deputy retiu:mng I .. ' officer who shall in full view of those present including the voter remove the ; .- counterfoil, destroy the same and place the ballot p&per in the ballot box; , .5^& the voter shall then forthwith leave the polling place. ' -^-*' If a voter inadvertently spoils a ballot paper so that he. cannot con- veniently use it as he desires he may return it to the deputy returning officer who wiU give him another. K the votd: votes for more candidates than he is entitled to vote for or places any mark on the ballot paper by which he can be identified his vote will be void and will not be counted. ' If the voter fraudulently takes a ballot paper out of the polling place or fraudulently delivers to the deputy returning office to be placed in the ballot box any other paper than the ballot paper given him by the deputy returning officer he will be liable to imprisonment for one year. In the following form of ballot paper, given for illustration, the candidates are Wm. R. Smith, Frank Jones, Joseph Bourke, and John R. Williams, and the voter has marked his ballot paper in favour of John R. Williams, and the counterfoil has been detached. 716 ELECTIONS Cap. 3 1909 1 WM. R. SMITH, Of Township. . . .Range. . . .West of. Meridian, Farmer. FRANK JONES, of the City of Barrister. JOSEPH BOTJKKE, of the €Sty of Gentleman. JOHN R. Wn^LIAMS, of the CSty of Merchant. X FORM 41. (Sections 154 and 157.) Commission of Poll Clerk. To U., {insert his residence and occupation). In my capacity of deputy returning officer for the Polling Place No. of Polling Subdivision No .(or as the case may be) in the MectoraJ Division of ' I hereby appoint you to be poll clerk for the said polling place. Given under my hand .this day of 19 G.H., pj^puty BetumiTig Officer. FORM 42. (Section 154 (1).) Oath op Poll Clbkk. I, /./., appointed poll clerk for Polling Place No of the Polling Subdivision No {or as the case may he) In the 717 1909 Cap. 3 ELECTIONS Electoral Division of swear (or solemnly aflSrm) that I am legally qualified to act as poll clerk and that I will act faithfully in that capacity and also in that of deputy returning officer if required to act in that capacity according to law without partiality, fear, favour or affection. So help me God. Sworn {or affirmed) before me at the 1 of in the Province of Alberta, \ I.J., this day of 19 J PoU, Clerk. A Commissioner, etc. (or as the case may be.) FORM 43. (Section 162 (2).) Oath by Deputy !Returning Officer, PoUi Clerk or Agent Wishing TO Vote. 1, CD., of, etc., • deputy returning officer (or poll clerk or agent for E.H., one of the candidates at the election for the Legislative Assembly of Alberta) do swear (or solemnly affirm) that I am actually entitled to vote for a member of the said Legis- lative Assembly for this electoral division at the present election; That I have not voted before at this election either at this or any other polling place; That I have not received anything nor has anythinig been promised me directly or indirectly either to induce me to vote at this election or for loss of time, travelling expenses, hire of team or for any other services connected therewith; That I have not dilectly or indirectly paid or promised anything to any person either to induce tiim to vote or to refrain from voting at this election. So help me God. 1 Sworn (or affirmed) before me at the in t^e Province of .Alberta this.' } J.H. dayof 19 AM., Betwming Officer (or Justice of the Peace), (or as the case may be.) FORM 44. (Section 167.) Form op Oath to be Administered to a Voter at Elections. You swear (a) — 1. That you are the person named or intended to be named by the name of* on the list of voters now shown to you (or, where the voter votes on a certificate under section 161, that you are the person named in the certificate now shown to you); 2. That you are of the full age of twenty-one years and are a male British subject by birth or naturalization and are not a citizen or a subject of any foreign country; 3. That you have resided within Alberta for the year next preceding the (6) day of 19 ; . 4, That you were on the said date and for three months next preceding the same in_^ood faith a resident of and had your fixed habitation in the Electoral Division of .' [or, in case the voter has not been a resident of such electoral division for three months immediately prior to the above date (as provided by subsection 2 of section 11 of The Alberta Election Act)] substitiUe the foUowing: "That you were during three months of the year referred to in the next preceding i&xagr^h in good faith a resident of and had your fixed habitation in the Electoral Division of (here insert name of electoral division within which the applicant seeks to vote)." 5. That you are entitled to vote at this election and at this polling place; 6. That you have not .voted before "at this election at this or at any other polling place; 718 ELECTIONS Gap. 3 1909 7. That you have not received anything nor has anjrthing been promised you directly or indirectly to induce you to vote at this election or for loss of time, travdfling expenses, hire of conveyance or any service whatever connected with this election. Or at the option of the voter in lieu of paragraph 7. 7. That you have not received anything nor nas anything been_ promised you directly or indirectly to induce you to vote or refrain from voting at this election. That you have not received nor do you expect to receive anything for loss of time, travelling expenses, hire of conveyance or any service what- ever connected with this election except what has been bona fide earned by you and may be lawfully paid to you under The Alberta Election Act by or through the returning oflScer or deputy returning officer or other proper public officer out of pubUc moneys witibout committing a corrupt practice and except what has been bona fide earned by you and has been or may be lawfully paid to and received by you or on behalf of the candidate or other- wise imder The Alberta Election Act, and notwithstanding the receipt or expectation of which you are entitled by law to vote. 8. And that you have not directly or indirectly paid or promised anything to any person to induce him to vote or to refrain from votmg at this election. So help you Grod. Note. — (o) If the person is a person who may by law affirm in civil cases then for "swear" substitute "solemnly affirm." (ft) Insert here the day of the closing of registration on which list of voters is based. FORM 45. (Section 174 (2).) FoRu OP Oath op Inability to Read. I, A.B., of swear (or solemnly affirm) that I am unable to read (or that I am from physical incapacity unable to mark a baJlot paper, as the case may be). Sworn {or affirmed) before me at in the Province of Alberta this day of 19 , having first been read over and explained to the above named A.B., and signed by mm in my presence with his mark. ■A.B., (His X mark). Deputy Returning Officer. FORM 46. (Section 190 (1).) Statement or the Poll Aptbr Counting the Ballots. Polling Place. ., Polling Subdivision No . Electoral Division of Number of ballot papers received from -the re- turning officer ■ Number of ballots counted Number of ballots counted Number of ballots counted Number of ballots counted Number of ballots counted Number of ballots counted Number of ballot papers decUned , Number of baUot papers taken from polling place Number of ballot papers cancelled Number of ballot papers rejected _ Number of ballot papers not used and returned Number of disputed ballot papers Totals. 719 1909 Cap. 3 ELECTIONS We hereby certify that the above statement is correct. Dated at 19. A.B., PoU Clerk. {Candidtdes or agents may also sign.) Deputy Returning Officer. FORM 47. (Section 190 (3).) Certificate to be Deliteked to Candidates, Etc. I, the imdersigned, deputy returning oflScer for PoUing Place in Polling Subdivision No of ■. . . . ; .in the Electoral Division of '. do hereby certify that, at the election held this day, for a member to serve in the Legislative Assembly of Alberta the hereinafter mentioned candidates received the number of ballots set opposite their respective nameSj viz.:. Names of Candidates Number of Ballots and also that ballot papers were rejected, and that there were disputed ballots. Dated at this day of ; 19 GM., Deputy Returning Officer. FORM 48a. (Section 193.) Oath of DBPtrrT Retdbning Officer After Closing of the PoiJi, Where There are No Disputed BaIiLOTS. I, , deputy returning officer for Polling Place No , of the Electoral Division of swear {or solemnly affirm), that to the best of my knowledge and belief the poll book kept for the said poUing place under my direction has been kept correctly, and that the total number of votes poUed according to the said poU book is , and that it contains a true and exact record of the votes given at the said polling place, as the said votes were taken thereat; that I have correctly counted the votes given for each candi- date in the maimer by law provided and pCTformed all duties required of me by law and that the statement, polhng list, poU book, envelopes containing ballot papers and other documents required by law to be returned by me to the returning officer have been faithfully and touly prepared and placed in the ballot box returned by me to the returning officer, which was locked and sealed by me in accordance with the provisions of The Alberta Election Act and remained so locked and sealed while in my possession. Sworn (or affirmed) before me at in the Province of Alberta this day of 19 G.H., Deputy Retg. Officer. A Commissioner, etc. {or as the case may be). 720 ELECTIONS Cap, 3 1909 FORM 48b. (Section 207.) OaiireArbitratois .without maJung an award or have deUvered to any party to the submission not agreeiiig, or to the umpire a notice in writing stating that they cannot agree the umpire '"^P"^ *° ^'* may forthwith enter on the reference in lieu of the arbitrators. (e) The umpire shall make his award within one month after the original Time for or extended tune appointed for making the award of the arbitrators has'"°P"*°*''"° expired or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making Ms award. (f) The parties to the reference and all persons claiming tmough them Bxaminatioii respectively shall subject to any legal objection submit to be examined by of parties the arbitrators or umpire on oath or affirmation in relation to the matters in dispute and shall subject as aforesaid produce before the arbitrators or production umpire, all books, deeds, papers, accounts, writings and documents within of papers their possession or power respectively which may be required or called for and do all other things which during the proceedings on the reference the arbitrators or umpire may require. (s) The witnesses on the reference shall if the arbitrators or umpire think Oath or_ fit be examined on oath or affirmation. affirmation {h) The award to be made by the umpire or arbitrators shall be final and Finality binding on the parties and the persons claiming under them respectively. "' award (i) The costs of the reference and award shall be in the discretion of the Costs of arbitratOTs or umpire who may direct to and by whom and in what manner reference the costs or any part thereof shall be paid. SCHEDULE B. Non profes- Professional sional . arbitrators arbitrators When the arbitrator's residence is in the province for each day necessarily absent from such residence in going to, staying at, and return- ing from the place where the arbitration is l^eld $20.00 $40.00 When the arbitrator's residence is out of the province for each day necessarily spent in travelling within the province to and from the place where the arbitration is held, and for each day spent at such place during the arbitration $20.00 $40.00 For each portion of a day as hCTeinbefore men- tioned less than one half $10.00 $20.00 733 1909 CHAPTER 7. Justices may appoint coDStables Oath of conatable Oath An Act respecting Constables. {Assented to February 25, 1909.) OIS MAJESTY, by and with the advice and consent of the ^ ^ Legislative Assembly of the Province of Alberta, enacts as follows: * 1. Any justice of the peace may in writing appoint one or more constables whose powers and duties as such shall extend to the whole of the province; such appointment to be in force for the time mentioned in the appointment, but shall at no time be longer in force than until the 31st day of December then next following the date of such appointment, or until any process on the sa,id 31st day of December in his hands be executed. 2. Every constable so appointed shall before entering upon the duties of his office take and subscribe before a justice of the peace the following oath: "I, , having been appointed constable for the Province of. Alberta, do solemnly swear that I wiU truly, faithfully and impartially perform the duties appertaining to the said office according to the best of my skill and ability. So help me God." Notice to 3. The justice of the peace making such appointment shall the^tSraey forthwith send notice of the same, containing the name and General addrcss 6f the person so appointed and the time during which the appointment is to be in force, to the Attorney General. o/?o°MfaS!eB *• ^^^ judge of the Supreme Court or of any District Court by Supreme in the province may in writing appoint one or more constables, DiStrict'couit whose powcrs and duties as such shall extend either to the whole judges of jjr^Q province or to such portion of the province as is mentioned in the appointment, but in the event of no portion of the province being mentioned in the appointment the powers and duties of a constable so appointed shall extend to the whole of the province, and such appointment shall be in force for the time mentioned in the appointment, but if no time is so mentioned it shall be in force until the 31st day of December then, next following the date of such appointment, or until any process in the hands of the said constable upon the said date be executed. given to the* 5. Any judgc making an appointment of a constable under GeS^ *^® provisions of the last preceding section shall forthwith notify the Attorney General of the name and address of the constable so appointed and of the time during which such appointment is to be in force. 734 Cap. 7 CONSTABLES 1909 6. Every constable so appointed by a judge of the Supreme Oath Court or of any District Court shall before entering on the duties of his office take and subscribe either before such judge or before a justice of the peace an oath in the form mentioned in section 2 of this Act. 7. The Lieutenant Governor in Coimcil may appoint, either Appointment permanently or for such period as he thinks fit, persons to be ooMtabSs'by provincial constables and every person so appointed shall while ^^^*^°^°?j he holds office be a constable for the entire province and as such Council shall have authority to act in any part of the province. 8. The Lieutenant Governor in Council may from time to Lieutenant time as occasion shall require appoint such number of special com3i°ma1r or other constables or peace officers as to him shall seem expedient *oStabiereto'. or confer the power of appointment thereof upon the Attorney or confer ' General or upon any other person or persons he shall see fit and appSntSg"' he may define their offices and positions and assign their duties "p™ ''*''^" and prescribe such rules and regulations and from time to time revoke or supersede the same with other rules and regulations as to him shall seem meet. 9. The Lieutenant Governor in Council may at all times ^'^^'l QovemM ma from time to time fix and determine the compensation payable deterSne to constables appointed under the provisions of this Act, in^^^^^°'^ all cases not provided for by law and the manner in which and oonstaWea by whom such compensation shall be paid. 10. The Lieutenant Governor in CouncU may suspend from ^eutenant office for any period or cancel the appointment of any constable suapeS" ™*^ appointed under the provisions of this Act. appo&taient of constables 11. Nothing herein contained shall be construed as limiting Not to affect or affecting the power of appointment of constables or of special |f°p^;PJ™t constables in particular cases or of peace or other officers in general «' peace ofEcere wherein and wherever such power of appointment now exists. 13. It shall be the duty of every person in the province when Duty to assist called upon by any peace officer promptly to aid and assist him'"'*™" °*" in the execution of his duties and wherever any person shall wilfully neglect or omit so to do he shall, in addition to any other penalty prescribed by law, on conviction before a justice of the peace, be subject to a fine not exceeding $20. 13. Chapter 4 of the Statutes of 1908 is repealed. 735 1909 CHAPTER 8. An Act respecting the Liability of Municipal and Other Public Corporations upon Debentures Sold at a Discount. (Assented to February 25, 1909.) OIS MAJESTY, by and with the advice and consent of the •^ * Legislative Assembly of the Province of Alberta, enacts as follows: Corporations 1. AH municipal corporations incorporated or to be hereafter toi^le'dJben- incorporated, and all cities now incorporated or to be hereafter marsSi^at less incorporated, and all school districts, irrigation districts, local than amount improvement districts, and other public corporations of a ^faw,^eto° similar nature now existing or hereafter to be created, having "^^Ij^'^^^'y power to issue debentures, bonds or other obligations payable to bearer or to any person named therein or bearer, and to borrow money on the security of such, may, and are hereby declared always to have had power to sell, dispose of or negotiate the same at a price less than the amount expressed by the by-law, resolution or other legislative authority as the amount of the proposed debt, loan or borrowing in their discretion, unless the by-law, resolution or other authority upon which the same were or shall be issued expressly in words prohibited or prohibits the same. Purchaser, etc., 2. Notwithstanding any past or future disposal or negotiation face vSiMand by any such corporation of any such debenture, bond or obligation interest ^t a pricc less than par as aforesaid (except where such is pro- hibited as aforesaid) the purchaser, holder or assignee of said debenture, bond or other obligation may recover from such corporation the face value thereof and all interest according to the tenor of such debenture, bond or other obligation. orawtrued ^" Nothuig, however, in this Act contained shall be construed as making any such corporation liable to pay debentures, bonds or other obligations to which such corporation has or may have any valid defence in whole or in part by reason of other circum- stances than the sale, disposal or negotiatiop. of same at a price less than the face value thereof; nor shall anything herein contained be construed as increasing the borrowing powers of any corporation, or as granting to any corporation borrowing powers which it has not heretofore had; nor is anything herein contained to be construed as conflicting in any way with any law at present existing or which shall hereafter have force and effect in the Province of Alberta, as to the rate of interest charge- JhMged ^H® °^ recoverable; nor shall anything herein contained be taken to imply a change in the law in respect of the matters dealt with by this Act. 736 1 909 CHAPTER 9. An Act respecting Appeals from Assessments in Cities and Towns. {Assented to Felrvary 25, 1909.) IJIS MAJESTY, by and with the advice and consent of the * ■*■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. Notwithstanding anything to the contrary contained in Appeals from any city or municipal charter in force in the province, appeals ^^n'm from the decisions of courts of revision in cities and towns ^tl^ f*^g*^'^be respect to the assessments of property therein for the purpose tol?itriot^ of taxation shall be made to the judge of the District CoTirt ^''^ '""^^^ of the district within which the city or town affected is situated. 3. The procedure upon such appeals respectively shall continue Procedure to be the procedure set out in the city or mimicipal charter of'^°'^°*®'^ the city or town affected with relation to appeals from courts of revision therein in relation to the matters in the first paragraph hereof set out, and nothing herein shall be taken in any. wise to vary the provisions of any such city or municipal charter otherwise than by substituting the District Court judges of the District Courts of the province in their several districts respectively for such court or judge as shall have been mentioned in the said city or municipal charters respectively as the tribunal to which such appeals shall be had, taken or made. 737 Appointment Duties Fees 1909 CHAPTER 10. An Act respecting Official Auditors. (Assented to February 25, 1909.) OIS MAJESTY, by and with the aidvice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. For the complete examination of the accounts of boards of school trustees, official trustees, village councils, boards of trustees of irrigation districts, and such other accounts as the Lieutenant Governor in Council or any member of the Executive Council is empowered by any Act to inquire into the Lieutenant Governor in Council may appoint one or more official auditors. 2. It shall be the duty of every official auditor to examine, check, audit and report upon all accounts which he is appointed to examine in the manner prescribed from time to time by the Lieutenant Governor in Council. 3. Unless it is otherwise provided by Act the Lieutenant Governor in Council shall fix the fees payable to official auditors for any service performed by them. Note. — ^A list of Official Auditors is published ajonuaUy in December of each year. For regulations and list for year 1915, see The Alberta Gazette, December 15, 1914. 738 1909 CHAPTER 11. An Act respecting Sheriffs and Deputy Sheriffs. {Assented to February 25, 1909.) UIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited a&"The Sheriff's Act." short title 3. The Lieutenant Grovemor in Ck)vmcil shall, from time to Appointment time, as occasion may require, appoint a sheriff in each judicial district, who shall hold office during pleasure and shall discharge all the duties coimected with his office, and also such other duties as may be assigned to him or appertain to his office by law. (2) Whenever it appears that the convenience of the public Appointment requires it the Lieutenant Governor in Council may appoint sheriffs**"* an assistant sheriff in any judicial district who shall hold office during pleasure, and who shall have power to do and perform in the name of the sheriff any duty or act which the sheriff of the said district has power to do and perform, subject however to the directions of the said sheriff. (3) Whenever it appears that the convenience of the pubUc Appointment so requires the Lieutenant Governor in Cotmcil may appoint sheliff"*'' deputy sheriffs who shall have jiuisdiction either for the judicial district wherein they are appointed, or any such portion thereof as may be designated by the order appointing them, or any subsequent or other order, and such deputy sheriffs shall hold office during pleasure, and shall within their respective districts have and exercise aU powers, duties and obligations which may now be exercised or performed by the sheriff of any of the judicial districts in the province, and in respect of mesne and final process intended to. affect real or personal property situated within the districts of any of the said deputy sheriffs, such deputy sheriffs shall have and perform all the powers, duties and obhgations of the sheriff of his judicial district, and such process shall for the purpose of binding such property be placed in the hands of such deputy sheriff and need not be placed in the hands of the sheriff of his judicial district, and such deputy sheriff shall have and use a duplicate of the seal of the sheriffs of their respective judicial districts and keep such books as are kept by sheriffs.- ^ (4) The Attorney Generalinay settle and adjust any questions, olMrafmay disputes or matters arising from or consequent upon the exercise »"*.''?«* "»*<«" of the powers herein contained. f^^oiLqueiice (5) The Lieutenant Governor in Council may appoint sheriffs' ot Se |pw«^ bailiffs at such places in the province as the public convenience dep^^°'°heriff8 requires, and may make provision for the remimeration of such 739 1909 Cap. 11 SHERIFFS Appointment and remuneration of sherifFs' bailiffs Provision for absence or illness of sheriff bailiffs either by salary or by payment to them in such manner as may be found advisable of the whole or any proportion of the fees payable upon the service or execution of any legal process which by law such bailiffs. are authorized to serve or execute. (6) In the absence or illness of the sheriff, and the assistant sheriff where there is one, or, of a deputy sheriff, he may in writing appoint some person to act for him, and such person shall durii^ the absence or illness of the sheriff and assistant sheriff or of the deputy sheriff have, use and exercise all the powers, duties and functions of the sheriff or deputy sheriff. Oaths to be taken on appointment 3. Every sheriff, deputy sheriff and assistant sheriff before he enters upon the duties, of his office shall take and subscribe the oath of allegiance and the oath of office in the form of schedule A to this Act, and shall not be bound or required to subscribe or take any other oaths, or make any other declaration or subscrip- tion except as hereinafter provided, and every such oath' respec- tively shall be filed in the office of the Provincial Treasurer. Salaries of sherifFs 4. Every sheriff, deputy sheriff and assistant sheriff shall receive as remuneration for their services a salary to be fixed by the Lieutenant Governor in Council. , Company providing bond must be Governor in Council 5. The Lieutenant Governor in Council may from time to time by order in council fix and determine the amount of security by^Ldeutenant ^° ^® giveu by evcry sheriff, deputy sheriff and assistant sheriff, as hereinafter mentioned, but such amount shall be in no case less than $5,000 for the sheriff, and iii the case of personal sureties not less than $2,500 for each surety where there are two sureties, and not less than $1,250 for each surety where there are four sureties named in the said bond. (2) Provided that the bond to be furnished by sheriffs, deputy sheriffs and assistant sheriffs under this section may be the bond of any guarantee or insurance company approved of by the Lieutenant Governor in Council. Security to be given by . sheriffs Additional security in certain cases 6. Every sheriff or deputy sheriff shall before he is so sworn to office and within one month after his appointment execute and enter into a joint and several bond, in duplicate, with two or four sureties, for such amounts respectively as may be fixed and determiaed by order in council in that behalf, as aforesaid, or furnish a bond, in' duplicate, of a company as provided for in subsection 2 of section 5 of this Act; the said duplicate bond shall be in the form of bond contained in the schedule to The Ad respecting Security to be Given by Pvhlic Officers, being chapter 10 of 8 Edward VII, and to each of the duplicate bonds respectively of private or personal suretyship, shall be attached an affidavit by each of the sureties therein named respectively, as required in said form, or to the like effect, and a similar affidavit shall be made by the principal to every bond and attached thereto. (2) Where a sheriff or deputy sheriff is unable to justify in the amount required to be named in the bond the Attorney General may accept such additional security as he considers requisite, and in that case the affidavit required by this section shall be varied as to such sheriff in accordance with the facts. 740 SHERIFFS Cap. 11 1909 7. One of the duplicate bonds -with affidavits thereto attached ^"^^^ shall within the periods herein before limited respectively be filed in the office of the clerk of the Supreme Court for the judicial district to which it relates, the other duplicate bond with the affidavits attached to the same respectively, and an affidavit of the filing of such first mentioned duplicate and affidavits in the office of the said clerk shall, within the same period respectively, be transmitted to the office of the Attorney General for approval. 8. In case the bond is approved of it shall together with all ^^g°™°J^^f ^ affidavits be forthwith deposited in the office of the Provincial Secretary and notice of such approval shall be given to the sheriff or deputy sheriff, but in case the bond is disapproved of the sheriff or deputy sheriff shall, within one month thereafter, furnish and transmit another bond (in duplicate) in lieu of the bond so disapproved of as aforesaid, to the satisfaction of the Attorney General. (2) The sureties named in any bond so disapproved of, as Sureties not aforesaid, shall not be discharged from liability by such nonappfov^'' disapproval, but shall be and continue liable for any default or misfeasances made, done or committed previous to the approval by the Attorney General of any bond that may be furnished in lieu of same. 9. The Attorney General may at any time require a sheriff ^°«^^ or deputy sheriff to renew his bond or securities, or to furnish others in lieu of the same, as to him may appear expedient, for the protection of the interests of the Crown, or of the parties to legal proceedings, which new or substituted bonds or securities the sheriff or deputy sheriff shall be bound to transmit to the Attorney General within three months after notice in that behalf. 10. Every renewal or substituted bond or security shall beFomof in the same form and executed and accompanied by the sameg™^ty formalities and affidavits and subject to the same approval as the original bonds or security. 11. In case a new security is given pr substituted as aforesaid Liabmty of the former sureties shall be liable only for, or on account of , ["^^ ^j'*"™ defaults and misfeasances suffered or committed by the sheriff renewal previous to the perfecting of the new security and the approval thereof by the Attorney General, and not as to any subsequent default or misfeasance. 13. In case a sheriff or deputy sheriff has given the security sherB need and made the affidavit of justification required to be made under di^*^8aed for section 6 of this Act, but has subsequently to his appointment, inability on account of additional security being required, become unable*"'™''''' to make an affidavit of justification in accordance with the provisions of section 9 of this Act, this Act shall not be construed as rendering necessary the dismissal of the sheriff from his office, SiSty may but he shall under pain of forfeiture of his office be required ^® ^'^^ to furnish such additional security as the Attorney General may consider requisite.. 741 1909 Cap. 11 SHERIFFS Death, insolveney, etc., of surety 13. Every sheriff and deputy sheriff shall give notice in writing to the inspector of legal offices of the death, discharge, bankruptcy, insolvency, or residence out of the province of any svirety or person bound with him in such security, within one month after the fact comes to his knowledge; and in every such case the sheriff shall fimiish the security of a new surety, to be approved of as aforesaid, in heu of the surety so dyii^, being discharged, becoming bankrupt or insolvent, or residing without this province, and shall complete and transmit to the Attorney General the necessary bonds or security and affidavits in that behalf within one month after such notice. Surety may 14. Any persou who has become surety for a sheriff or deputy '" '^^ sheriff, and who is no longer disposed to continue such respon- sibility, may give notice thereof to the sheriff or deputy sheriff and to the Attorney General, and in such case the sheriff or deputy sheriff shall furnish the security of a new surety in lieu of the surety so giving notice, and shall complete and transmit the necessary bonds and affidavits in that behalf to the Attorney General within one month after such notice; and all accruing responsibility on the part of the person giving such notice shall cease upon and after the perfecting and approval of the new security. Forfeiture for neglect to furnish security 15. Every sheriff or deputy sheriff who neglects to give and furnish any of the securities, or give any notice required by this Act, within the periods hereinbefore in that behalf respectively limited, shall be liable to forfeit his office, and his appointment and commission shall be void from and after the time when the Lieutenant Governor in Council declares the same to be avoided under this Act, but such avoidance shall not annul or make void any act or order or other matter or thing done by the sheriff during the time he actually held office. When 16. The Lieutenant Governor in Council may remit the for- b°'^?Sitted*'' feiture in. any case in which the failure to give the security or to perfect or transmit the instnunents required by this Act, within the periods hereinbefore limited respectively in that behalf, has not risen from the wilful neglect of the sheriff or deputy sheriff, and if it appears to the' Lieutenant Governor in Council that such respective periods are in any case insufficient in consequence of accident, casualty, loss of papers in the transmission thereof, illness or other pa,rticular circmnstance, the Lieutenant Governor ia Cotmcil may allow such further period, not in any case exceeding two months, for perfecting and transmitting such securities, as to him may appear reasonable and proper. When securities may be approved, although not perfected in time 17. The Attorney General may approve of any security, or securities, although the same may not have been perfected and transmitted respectively within the time limited by this Act, and in such case the office or commission of the sheriff or deputy sheriff shall not be deemed to have been avoided by such default, but to have remained in full force and effect; and the securities, when approved of as aforesaid, shall be held and construed to be valid and effectual in the same manner and to the same extent as if they had been perfected and approved respectively within the time limited by this Act. 742 SHERIFFS Cap. 11 1909 18. No neglect, omission or irtegularity in giving or renewing Neglect any bond or security required by this Act, nor in observing theS'^^bonci formalities hereinbefore prescribed, or any of them, shall vacate gj^'^"*''"^ Or make void any such bond or security or discharge any party or surety from the obligations thereof. 19. No such bond or security shall be in anywise impaired, ^^^^'^ discharged or avoided, nor shall any sheriff, deputy sheriff or which bond any surety named therein be released, exonerated or acquitted to afiectlt from the obligation assumed thereby, by reason of the addition to the original area of the judicial district to which.it relates of any other territory, or by the separation therefrom of any portion of such original area, by legislative authority or otherwise. 30. Any person may examine the bond or security of any Searching sheriff or deputy sheriff on file in the office of the clerk of theuSil^pies court, and the clerk in possession thereof shall, on demand, deliver to any person who desires the same a copy thereof on payment of the following fees: For search aad examination of bond $ .25 For copy of bond 1 . 00 21. The sureties of any sheriff or deputy sheriff shall be liable Liabiuty to indemnify the party or parties to any legal proceedings against °' ^^^^^ any omission or default of such sheriff or deputy sheriff in not paying over moneys received by him and against any damage sustained by any such party or parties in consequence of the sheriff's or deputy sheriff's wilful or neglectful misconduct in his office; and the sheriff or deputy sheriff shall be joint defendant in any action to be brought upon the bond or security given by the sheriff or deputy sheriff. 83. Any person sustaining any damage by reason of any Default such default or misconduct of any sheriff or deputy sheriff may"'^'''"*^ bring and maintain an action upon the said bond or security for such default or misconduct, and such action shall not be barred by reason of any prior recovery by the same party upon^o^ty™ the bond or security, or of any judgment rendered for the defendant in any prior action upon the same bond or security, or by reason of any other action being then depending upon the same either at the suit of the same plaintiff or of any other party for any other distinct cause of action. 33. If upon the trial of any action upon any such bond or Limitation security it is made to appear that the plaintiff is entitled to recover ulbmty^ ° smd that the amount to which such sin-ety has paid or become liable to pay as hereinafter mentioned is not equal to the full amount for which he became surety, the court after deducting from such full amoxmt the sums which he has so paid or become liable to pay as aforesaid shall render judgment against him for any sum not exceeding the balance of the sum for which he became surety. 34. Where any such surety actually and bona fide and of hisIV^^=™='y own proper moneys and effects has paid or become liable by from ufbiuty virtue of a judgment or judgments recovered against him upon his said bond or security to pay. an amoimt equal to the amoimt 743 1909 Cap. 11 SHERIFFS specified in the said bond or security for which he became security, such bond or security shall as to hun be deemed to be discharged and satisfied and no other or further sum shall be recovered against him. On proof ^^- ^^ ^^^^^ ^^ competent for the Supreme Court of the Province of payment of Alberta, Or a judge thereof, upon proof to the satisfaction may^be atiyed of the court Or judge of such payment or liability in a summary manner and at any stage of the cause, by- stay of proceedings or otherwise, to prevent the recovery against any such surety of any further sum than the amount specified in his bond or security and for which he may have become surety. When judgment recovered upon sheriff's goods first 36. Upon every writ of execution under a judgment recovered on such bond or security the plaintiff or his advo(^ate shall by lOTy^tcT'b"'^' an endorsement on the writ direct the coroner or other officer charged with the execution of such writ to levy the amoimt thereof upon the goods and chattels of the sheriff or deputy sheriff, as the case may be, in the first place and, in default of goods and chattels of the sheriff or deputy sheriff, to satisfy the amount, then to levy the same or the residue thereof on the goods and chattels of the other defendant or defendants in such writ, and so in Uke manner with any writ against lands and tenements upon a judgment or any such bond or security. Sheriff liable 37. Notwithstanding a sheriff or deputy sheriff may have takes ^oiic?^" forfeited his ofl&ce and become liable to be removed therefrom, the liabihty of himself and his sureties shall remain until a new sheriff or deputy sheriff has been appointed and sworn into office. Sheriff, etc., 38. No sheriff, deputy sheriff, assistant sheriff, bailiff or pSchase constable shall directly or indirectly purchase any goods or MMtitions chattels, lands or tenements by him exposed for sale luider execution. Forfeiture of office for false ' returns 39. Every sheriff or deputy sheriff who wilfully makes any false returns to any writ directed to him and placed in his hands for execution unless by the consent of both parties to the same shall be liable to forfeit his office. Liability for misconduct in execution of Sheriff's office hours In long vacation 30. If the bailiff, constable or sheriff's officer entrusted with the execution of any writ, warrant or process, mesne or final, wilfully misconducts himself in the execution of the same, or wilfully makes any false return to such writ, warrant or process, unless by the consent of the party in whose favour the process issued, he shall answer in damages to any party aggrieved by such misconduct or false return. 31. Every sheriff or deputy sheriff shall, except upon legal holidays and during the long vacation, keep his office open every day from ten o'clock in the forenoon until four o'clock in the afternoon, and during all that time he or his assistant or some clerk competent to do the business for him shall be present to transact the business of the office. (2) During the long vacation every sheriff and deputy sheriff, or his assistant or clerk, shall be required to be present in his 744 SHEBifFS Cap. 11 1909 office every day, legal holidays excepted, from ten o'clock in the forenoon until one o'clock in the afternoon and no longer. (3) Provided that sheriffs and deputy sheriffs or their respective proviso re assistants or clerks shall be required to be present in their offices ^**"'''^"''' for the transaction of business on every Saturday in the year, not being a legal hoUday, from ten o'clock in the forenoon until one o'clock in the afternoon, and no longer. (4) Provided that when the office of a sheriff or deputy sheriff Necessary may be closed under this section at one o'clock in the afternoon, businefs™ the sheriff or his deputy shall nevertheless upon application made to him transact all necessary and urgent business of his office in the same manner and to the same extent as on the days upon which the office must be kept open until four o'clock. 32. Every sheriff and deputy sheriff shall be entitled to Fees and collect fees and allowances specified in that behalf in the tariff* °'"*'"*= of fees in force from time to time, and such other fees as may be allowed the sheriff and deputy sheriff by any- regulation, Act or Ordinance or by any judge's order. (2) The plaintiff or other party at whose suit or instance Liatuity for any process is issued, and the soUcitors who issue the same. shall b^ severally liable to pay to the sheriff or deputy sheriff his taxable costs for executing such process. (3) Where process is placed in the hands of a sheriff or deputy MUeage where sheriff with instructions to seize and no goods are found which "r feiz^e"™''' are Uable to seizm'e, or where the seizure has been abandoned ''''*°''™°'^ on the instructions of the person or his solicitors placing such process in the hands of the sheriff or deputy sheriff, the mileage properly payable to the sheriff or deputy sheriff in case a seizure had been made shall be paid by the party so placing the process in the hands of the sheriff or deputy sheriff. 33. No sheriff, deputy sheriff, assistant sheriff or sheriff's sheriffs, etc., officer shall demand or take any reward directly or indirectly any reward for doing his office or duty, or for abstaining therefrom, or in 15°^*^™"''!*^ respect of the mode in which he does his office or duty, except such remuneration as is given by the Lieutenant Governor in Council to such sheriff, deputy sheriff or assistant sheriff, or which is allowed to an officer of the sheriff, and such fees and poimdage as are allowed by this Act; and anyone offending against this section shall be liable to instant dismissal and on ' summary conviction to a fine not exceeding $200, or to imprison- ment for a term not exceeding two years with or without hard labour. 34. Every sheriff and deputy sheriff shall keep a separate Fees received book in which he shall enter from day to day all fees and *° ^° ^"""^^"^ emoluments received by him in virtue of his office, showing separately the fees received for each service performed, and such further facts and information as the Attorney General may from time to time require. 35. All fees received by any sheriff or deputy sheriff shall -"ij^e^ t° *>e be paid to the Provincial Treasurer by such sheriff or deputy IrovS'cS^ sheriff within the first ten days of the month following the month '^'^°*'"" in which such fees are received, and the cheque or remittance 745 1909 Cap. 11 SHERIFFS to the Provincial Treasurer shall be accompanied by a statement in duplicate in such form as the Attorney General may prescribe, verified under oath, showing the amoimt of the fees received, and the amoimt of fees paid by him to bailiffs during such month, and shall be sent to the inspector of legal offices. (2) Any sheriff or deputy sheriff who fails to keep the books books* *° ^^^ required to be kept imder the provisions hereof, or who fails to enter therein any fees received by him and required by the provisions hereof to be entered therein, shall for each such offence be liable on sununary conviction to a penalty not exceeding $20. (3) Any sheriff or deputy sheriff who fails to transmit to the Provincial Treasurer the fees required to be so transmitted by him under the provisions of this section shall for every such offence be liable on summary conviction to a penalty of $20 for each day after he shall fail to transmit same. (4) The fees and moneys received by the Provincial Treasurer under the provisions hereof shall form part of the general revenue fund of the province. Returns Penalty for Failure to transmit Penalty Fees to go in general revenue fund to°pS)ur'^ 36. Ejvery sheriff and deputy sheriff shall keep in his office inspection opcu to the inspection of any person the following books, namely: Process books 1. Process books, in which shaU be entered a memorandum of every process other than writs of execution, or writs' in the nature of writs of execution, received by the sheriff or deputy sheriff, the court out of which the same issued, the date of the receipt, the nature of the process, the names of the parties thereto, the advocate by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively; 2. An execution book, in which shall be entered a memorandiun of every writ of execution or writ in the nature of a writ of execution, the court out of which the same issued, the names of the parties thereto, the advocate by whom issued, the date of return and the nature of the return made thereto or what was done thereunder or therewith; and 1913 (2),-c. 2, s. 19. 3. A cash book, in which shall be entered all cash received or paid away by the sheriff or deputy sheriff in his official capacity, or ia connection with his office for any service whatever — ^for fees, poimdage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of which the same was received or paid away. Seal of office (2) And a seal of office. ' Execution books Cash book booto^SI seal ^'^' ^^^ ^^''^ books and seal shall be supphed out of the general revenue fund of the province. Assistant sheriff to removal of sheriff 38. In case a sheriff or deputy sheriff dies, resigns his office fncas^elrf d?ath, ™4 ^^ resignation is accepted, or is removed therefrom, the resignation, or ' assistant sheriff, if one has been appointed, shall nevertheless continue the office of sheriff or deputy sheriff and execute the same and all things belonging thereto in the name of the sheriff or deputy sheriff so dying, resigning or being removed until another sheriff or deputy sheriff has been appointed and sworn into office, and the assistant sheriff shall be answerable for the 746 SHERIFFS Cap. 11 1909 execution of the oflEice in all respects and to all intents and purposes whatsoever during such interval as the sheriff or deputy sheriff so dying, resigning or having been removed would by law have been if he had been living or had continued in office, and the security given by the assistant sheriff, as weU as the security given by the said sheriff or deputy sheriff under this Act shall remain and be a security to the King, his heirs and successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the assistant sheriff. (2) In the case of the death, resignation or removal of a sheriff J^IJ^^^ or deputy sheriff, if there is at the time no assistant sheriff, the occur in office clerk or deputy clerk of the Supreme Court for the judicial district de|ut^heri£f or portion thereof as the case may be, shall ex officio be the sheriff ^4^^^^^^^^^ or deputy sheriff pro tempore \mtil another person is appointed eierk of court sheriff or deputy sheriff, and the said clerk or deputy clerk on*°*°* becoming sheriff or deputy sheriff pro tempore shall do and perform every act, matter or thing necessary for the execution of such office, and the sheriff or deputy sheriff pro ternpore shall be answer- able for the execution of the office in aU respects and to all intents and purposes whatsoever during such interval as the sheriff or deputy sheriff so dying, resigning or having been removed would by law have been if he had been living, or had continued^ ^^ in office, and any security given by a sheriff or deputy sheriff sheriff so dying, resigning or being removed as aforesaid shall be security ™*""™^'^ to the King, his heirs anJsuccessors and to all persons whatsoever for the due and faithful performance of the duties of his office by the sheriff or deputy sheriff pro tempore. 39. All books, accounts, records, papers, writs, warrants, Booita. records, processes, moneys and other matters and things in the possession property If or under the control of any sheriff or deputy sheriff by virtue °°^«™™™* of or appertaining to his office as sheriff or deputy sheriff, shall be the property of the Government of the province and the same and every of them shall immediately upon the resignation, removal from office or death of any such sheriff or deputy sheriff be, by the party in whose possession or control they may come Disposition or happen to be, handed over to and taken possession of by the°f^'=™<=y successor in office of such sheriff or deputy sheriff if appointed, ° ° "^ or by the person named in section 38 of this Act if no successor has been appointed. 1913 (1st Session), c. 9, s. 22. 40. No person except the successor in office of the sheriff Possession or deputy sheriff so resigning, being removed or dying, or th.e^i^°^i^^^ person named in section 38 of this Act, shall take, have or hold any such books, accounts, records, papers, writs, warrants, process, moneys, or other matters or things; and any person having or holding any of the matters aforesaid shall forthwith on demand deliver over the same and every of them to the said succeeding sheriff or deputy sheriff, or to the person so named as aforesaid; and upon any such person neglecting or refusing so to do on conviction thereof before a judge of the Supreme Cowrt of the Province of Alberta he shall be liable to pay a penalty Penalty not exceeding $200. 41. A sheriff or deputy sheriff after resigning office or being Ex-siieriff removed therefrom, or, in case of the death of a sheriff or deputy J" bSoL'"™ 747 1909 Cap. 11 • SHERIFFS Sale of latids by sheriff Procedure when vacancy occurs Continuation of actions after death, etc., of sheiiff sheriff, his heirs, executors or administrators shall or may at any and at all time or times thereafter have the right and be at liberty to have access to search and examine into any or all accounts, books, papers, warrants and processes of whatever kind and all other matters or things which were formerly in the possession of him the said sheriff or deputy sheriff before his resignation or removal, and which at the time of making or requiring to make such search or examination are in the possession or control of the succeeding sheriff or deputy sheriff, free of aU costs, charges and expenses. 43. In case of the death, resignation or removal of a sheriff or deputy sheriff or of any assistant while there is no sheriff after he has made a sale of lands but before he has made a transfer of the same to the purchaser, such transfer shall be made to the purchaser by the sheriff, the deputy sheriff or assistant sheriff who is in office acting as sheriff or deputy sheriff as aforesaid at the time when the. deed of conveyance is made. 43. In the event of the death, resignation or removal from office of a sheriff or deputy sheriff, after action brought or proceedings commenced by him as sheriff or deputy sheriff the action or proceedings shall not abate, but may be continued in the name of his successor, to whom the benefit of all sureties given to the sheriff or deputy sheriff in his official capacity shall eniu"e. Restoration 44. Every assistant sheriff, bailiff or other sheriff's officer ete'*°t^*5iff °'' ^^^^^ entrusted with the custody of any writ of process or of any book, paper or document belonging to a sheriff or deputy sheriff or his office shall upon demand upon him by such sheriff or deputy sheriff restore and return such writ, process, book, paper or docimient to the custody of the said sheriff or deputy sheriff, and in case of any neglect or refusal to return and restore the same as aforesaid the party so neglecting or refusing may ,be required by an order of the Supreme Court or of any judge of such court to return and restore such writ, process, book, paper or document to such sheriff or deputy sheriff, and if he disobeys such order may be further proceeded against by attachment as in other cases of contumacy to orders , or rules of court. Sheriff's 45. If any assistant sheriff, bailiff or sheriff's officer or clerk ddh^lr process ^^^ .^^^® ™ ^^^ posscssion, custody or control any writ "of when required summons, fieri focios OT Other writ or any bench warrant or process whatsoever and shall, upon demand made by the sheriff or deputy sheriff from whom the same may have been received or his successor in office or by any other party entitled to the possession of the same, neglect or refuse to deliver up the same, such sheriff or deputy sheriff or his successor in office, or the party entitled to possession of the same may proceed by summons and order before any judge havmg jurisdiction in the court out of which such writ or process issued to compel the production thereof; which order may be enforced in the same manner as like orders for the return of writs against sheriffs and with or without costs or such summons may be discharged with costs agamst the party applying in the discretion of the iudge aforesaid. 748~ SHBEIFP8 Cap." 11 1909 46. Before an action is commenced by a sheriff or deputy Sheriff before sheriff for the recovery of a bill of costs, fees and expenses, may sei^e °" chargeable against a solicitor, and after the expiration of o^^'^pp^ationto month from the service of the bill, the sheriff or deputy sheriff the Court for may serve the solicitor with a notice of an application to a judge p^^™™* of the Supreme Court or to a judge of the District Court of the district for which the said sheriff or deputy sheriff has been appointed, returnable not earlier than eight days from the day of service, for payment of the amount of the bUl, and the amount claimed shall be stated in the notice. (2) On the return of the notice the judge may without a reference o°f^l°J^^ direct the payment to the sheriff or deputy sheriff of the amount proceedings on of his demand, or of any less amount, either without costs or '^^ ° with costs, to be ffxedby an order or to be taxed, or the judge may order the bill and the demand thereon to be taxed by the proper officer of any of the said courts, and may direct that the officer shall tax to the party entitled thereto his costs of the reference, and may also cfirect that the sheriff or deputy sheriff and the sohcitor shall respectively pay what may be foimd due to the other upon the conclusion of the reference and taxation, and the judge making the reference shall restrain the bringing of any action pending the reference and in case the order of reference does not make provision in this behalf the officer named in the order of reference may in his discretion, having regard to the matters in dispute between the parties and occasioning the costs, tax the costs of the order and reference or any portion thereof in favour of either party or may disallow any part thereof. (3) The party entitled to payment may, at the expiration ^xeoutim^ of eight days from the date of the order, or of the certificate payable of the taxing officer as the case may be, sue out a writ or writs of execution for the amount ordered or certified to be payable to him. 47. No sheriff, deputy sheriff or assistant sheriff while holding ^aynot^ office shall practise as an advocate of the province, or be a member barrister or of any firm of advocates practising in the province. aoUator 48. The Attorney General may from time to time make such^tto^y regulations and give such directions as he deems necessary or may mate advisable for the carrying out of the provisions of this Act. MgiJations 49. Chapter 17 of the Statutes of Alberta, 1906, is hereby i^p=^ repealed. SCHEDULE A. Oath op Office. Province of Alberta, Judicial District of. I, A.B., oi , in the Judicial District of , Esguire, having been appointed sheriff (or deputy sheriff) of the Judicial District of , do swear that I will well, truly and faithfully perform and execute all the duties required of me under the laws of this province pertaining to the said office °f sheriff {or deputy sheriff) so long as I continue 749 1909 Cap. 11 SHERIFFS liiBrein, and that I have not given directly or indirectly, or authorized any persons to give any money, gratuity or reward whatsoever for procuring the said oflBce for me. Sworn before me at in the Judicial District of the day of A.D. 19. A.B. CD., Jvdge, Notary Public, Commissioner or J.P.-{as the case may be). 750 1 909 CHAPTER 12. An Act for the Protection of Neglected and Dependent Children. {Assented to February 25, 1909.) UIS MAJESTY, by and with the advice and consent of the * * Legislative Assembly of the Province of Alberta, enacts as follows: DEFINITIONS. 1. This Act may be cited as " The Children's Protection Ad of Alberta." 2. In this Act — (a) "Child" shall mean a boy or a girl actually or apparently chud under seventeen years of age. 1910, c. 2, s. 23. (6) "Children's Aid Society" shall mean a Society having chii<^n'B among its objects the protection of children from cruelty and the ' ""*^ care and control of neglected children which has been approved by the Lieutenant Governor in Council for the purposes of this Act; and except in a municipality in which there is a Children's Aid Society shall mean the superintendent; (c) "Court of summary jurisdiction" shall mean and include a Court of police magistrate, a justice of the peace appoiated as a commis-f™BSSn sioner under this Act or two justices; (d) "Foster home" shall mean a home in which a neglected child ^°=*^'' *'°™® may be placed as a member of the family; (e) "Judge " shall mean a judge or a retired judge of the Supreme Judge Court or of the District Court, or a police magistrate, or a justice of the peace appointed as a commissioner for the trial of juvenile offenders, or two justices; (/) "Minister" shall mean the Attorney General or such other Minister member of the Executive Council as inay be entrusted with the administration of this Act; (g) "MunicipaUty" shall mean a city whether incorporated by Municipality special Act or otherwise, town, village or rural municipality. 1911-12, c. 4, s. 34; 1913, c. 9, s. 23. (A) "Neglected child" shall mean a child who is found begging, Neglected receiving alms, thieving in a public place, sleeping at night in"'^'* the open air, wandering about at late hours, associating or dwelling with a thief, drunkard or vagrant, or who is incorrigible or cannot be controlled by its parents or who is emploj'ed anywhere between the hours of ten o'clock p.m. of one day and sue o'clock a.m. of the following day, or a child who by reason of the neglect, drunken- ness or other vice of its parents, is growing up without salutary parental control and education, or in circumstances exposing such child to an idle and dissolute life; or who is found in a house of ill-fame, or known to associate with or be in the company of 751 1909 Cap. 12 children's protection act a reputed prostitute; or who is a habitual vagrant; or an orphan and destitute; or deserted by its parents; or whose only parent is undergoing imprisonment for crime; or who by reason of ill-treartment, continual personal injury or grave misconduct or habitual intemperance of its parents or either of them is in peril of loss of life, healtt or morality; or in respect to whom its parents or only parent have or has been convicted of an offence against this Act, or under The Criminal Code; or whose home by reason of neglect, cruelty or depravity, is an unfit place for such child, and "neglected children" shall mean two or more of such children; Parent {{) "Parent" shall include a guardian and every person who is by law liable to maintain a child; Place of safety (j) "Place of Safety" shall include an industrial school or house of industry for boys or girls, or a shelter or temporary home established by a Children's Aid Society, but not a "gaol, prison, police station, lockup or guardroom; PubUo place (fc) "-Public place " shall mean a street, highway or lane, whether a thoroughfare or not, and a tavern or other place of public resort, and generally any place to which the pubhc have or are permitted to have access; Superintendent (^) "Superintendent" shall mean the superintendent of neglected and dependent children. 1910, c. 2, s. 23. of^d'esand ^' ^ J^dge Or a retired judge of the Supreme Court or of a magistratea District Court shall have jm-isdiction under this Act in any part of Alberta. A police magistrate or a justice of the peace appointed as aforesaid, or two justices shall have jurisdiction in the locality for which they hold office. superintendent of neglected children. o?Sld^^™* 4. The Lieutenant Governor in Coimcil may appoint an officer and dependent to be known as the superintendent of neglected and dependent children children, whose salary shall be paid out of such moneys as may be appropriated for that purpose by the Legislature; and it shaU be his duty-^ (a) To encourage and assist in the establishment of Children's Aid Societies; (6) To advise such societies and instruct them as to the manner in which their duties are to be performed; (c) To see that a record is kept by such societies of all committals and of all children placed in foster homes under this Act and of such other particulars as may be deemed desirable; (d) To direct and supervise the visiting of any place where a child is placed pursuant to the provisions of this Act; (e) To prepare and submit an annual report to the Minister; (/) To perform such other duties as may be prescribed by the Lieutenant Governor in Council. fiS^riStendent "^^^ Superintendent shall have and may exercise all the powers conferred upon a Children's Aid Society, and shall havfe power to appoint such person or persons or committee as he may see fit to act for him as occasion may require. children's shelter. chiidren'B ^- ^o^" ^^^ better protection of neglected children the corpor- sheiters atiou of cvery city or town having a population of 10,000 or over 752 Duties children's protection act Cap. 12 1909 shall provide and maintain one or more places of refuge for such children only, to be known as temporary homes or shelters. Such homes shall be entirely distinct and separate from any penal or pauper institution, and no pauper or convict shall be permitted to live or work therein, and they shall not be used as a permanent residence for any child, but for its temporary protection for so long a time only as shall be absolutely necessary for placing the child in a foster home, not exceeding three months, unless author- ized by the superintendent, and no neglected child shall be refused admittance to the shelter when accompanied by the order of the president of a local Children's Aid Society or of the superintendent. 1910, c. 2, s. 23. (2) An orphan or children's home may, with the consent of the orphan and trustees or governing body thereof, be used as a temporary home home™" ^ or shelter under this section; and when desirable for economical reasons, not inconsistent with the welfare of the children to be provided for, such temporary home or shelter may be established in a private family; but in no case shall such home or shelter be under the same care and management as a penal or pauper iQstitution. (3) When a Children's Aid Society has been established it shall have the supervision and management of children in the temporary home or shelter provided by or at the expense of the municipality; but this provision shall not apply to an orphan asylum or other children's home mentioned in subsection 2 without the consent of the trustees or governing body thereof. (4) If a society established under this Act ceases to exist or does not hold a meeting for a period of six months, the secretary or other officer shall deliver to the superintendent all books, documents, records, financial statements, and pay over to him all trust funds on hand, and the society or committee shall -thereupon be dissolved and its property shall be vested in the Minister, and the, superin- tendent shall then reorganize the work, or make such arrangements for carrying it on as the Minister may approve. (5) The municipality of every city or town of 10,000 population or over shall appoint and pay one or more agents or officers for the enforcement of this Act and notice of such appointment shall be forthwith given to the Children's Aid Society of the city or town and to the superintendent. 1910, c. 2, s. 23. (6) The agent or officer shall for the purposes of this Act be vested with the powers of a. peace officer and shall have authority to enter factories, workshops, stores, homes and all other places where children may be employed or congregated and shall perform such services as may be necessary, for the enforcement of this Act. 1910, c. 2, s. 23. (7) If the municipality neglects to provide and pay such agent or officer before the first day of February in each year the Children's Aid Society of the city or town or the superintendent may appoint such agent or officer for the city or town at a salary to be approved by the Attorney General and such agent or officer shall be entitled to recover such salary from the mimicipality. 1910, c. 2 s. 23. (8) The superintendent may make rules not inconsistent with the provisions of this Act or the regulations thereunder for the direction of the agent or officer and the enforcement of the Act 1910, c. 2, s. 23. 753 1909 Cap. 12 CHILDREN S PBOTECTION ACT (9) Every agent or officer appointed under this Act shall report monthly to the local Children's Aid Society and to the superintendent according to the forms prescribed by the superinr tendent. 1910, c. 2, s. 23. (10) The superintendent may suspend any agent, officer or employee of a Children's Aid Society, guilty of improper conduct or negligence in the performance of his duties, pending investiga- tion by the society; notice of such suspension shall be served by registered letters on the president of such society, in the district, within five days thereafter and such agent, officer or employee may be discharged by the municipality, society or person appoint- ing him. 1910, c. 2, s. 23. MAINTENANCE OF CHILDBEN. Presumptive residence of child Recovery from other municipalities Recovery from parent Additional maintenance Enforcing judge's order 6. A judge may, upon the application of any society to whose custody or control a child is committed, make an order for the pasmaent by the municipality to which the child belongs, of a reasonable sum, not being less than $3.00 weekly, for the expense of supporting the child by the society, or in a temporary home, or in a foster home where children are not cared for without compensation. 1910, c. 2, s. 23. (2) For the purposes of this section a child shall be deemed to belong to the mxinicipality in which it has last resided for the period of one year; but in the absence of evidence to the contrary, residence for one year in the municipality in which the child was taken into custody shall be presumed. (3) A municipality which has made a payment under the pro- visions of this section for the maintenance of a child in respect to whom some other municipality is liable shall be entitled to recover the amoimt so paid from such other municipality and upon proof of payment to obtain from a judge an order for the payment of the same. 1913, c. 9, s. 23. (4) A municipality which has made a payment under the provisions of this section may recover the amount of the same from the parent of the child, and upon proof of payment shall be entitled to an order from a judge directing the parent to pay the amount. 1913, c. 9, s. 23. (5) At any time after the committal of a child the municipaUty or the Children's Aid Society may apply to. the judge of the District Court of the district in which "the parent resides for an order for payment of such maintenance or of such additional maintenance as to him may seem just, and a parent may also apply to the judge in like manner for an order reducing the amount payable tmder any such order, or revoking, varying, or suspending the operation of the same. (6) An order made under this section may be enforced in the same manner as an order made by a judge of a District Court, and may be enforced under The Act respecting the enforcement of Judges' Orders in Matters not in Court. APPREHENSION OF NEGLECTED CHILD. Neglected chUd 7. The chief constable or a sergeant of police in any muni- cipality, or amy commissioned or non-commissioned officer of the Royal North-West Mounted PoUce, or truant officer appointed 754 childben's protection act Gap. 12 1909 under The Truancy Act, or any officer of a Children's Aid Society, duly authorized thereto by a district judge, or the superintendent, Apprehenaon may apprehend without warrant and bring before the judge a neglected child. 1910, c. 2, s. 23. (2) The child shall be brought before the judge for examination Proceedings within one week after apprehension, and the judge shall investigate ''*'°" '""'^^ the facts of the case and ascertain whether the child is a neglected child and its age, and the name, residence and religion of its parents. (3) The judge may compel the attendance of witnesses. witnesses (4) The parents or person having the actual custody of a child p*'^™*^' «*= . shall be notified of the investigation, and any person may appear ™^^ ^pp^^' on behalf of the child. (5) If on such investigation the judge finds that the child is ajhjidmaybe neglected child, he may order that the child be delivered to the society Children's Aid Society, and the society may send the child to their temporary home or shelter to be kept until placed in a foster home. (6) The order shall contain a statement of the facts so far as order to be ascertained a,nd shall be filed with the superintendent, and the^p'|jS^„de„t judge shall transmit a certified copy thereof to the Children's a""! society Aid Society. (7) If, in the opinion of the judgfe, the child has been leading an chiid may be immoral or depraved life, or is not a fit subject to be dealt withf"^^*^^''*" under subsection (5) the judge may order the child to be™tooi committed to the industrial school (if a boy) or refuge for boys or girls, or other suitable institution, or to a charitable society willi^ to receive such child, to be kept, cared for and educated for a period not exceeding three years, and thereafter to be delivered to the Children's Aid Society for the purpose of being placed in a foster home until the child arrives at the age of eighteen years. TO SELECT FOSTER HOMES. 8. The Children's Aid Society to the care of which a child Foster homes has been committed shall, subject to the provisions of sections 12 and 13, be the legal guardian of such child, and it shall be the duty of such society to use diligence in providing a suitable home for such child. (2) The society may place the child in a foster home until he or so'dety may she is eighteen years of age, or for any shorter period inPj^^^jJ^'* the discretion of such society, under a written contract which shall provide for the education of the child in a pubhc school, if available (or in the case of a Roman Catholic child in a separate school, if available), for teaching some useful occupation, for kind and proper treatment as a member of the family, and for payment on the termination of such contract to the society for the use of the child of any sum of money that may be provided for in the contract and shall contain a provision reserving the right to withdraw the child from any person having its custody when in the opinion of the society the welfare of the child so requires. (3) Where a child has been placed in a foster home, and has Superintendent failed to show good conduct or for any other reason requires S^*™"*" special training, the superintendent may order such child (if a^^^ustriai boy) to be transferred to the industrial school or other suitable °° °° institution, or if a girl to some suitable institution, and such transfer shall have the same effect as if made by a judge. 755 1909 Cap. 12 children's protection act Society may take control of child by resolution Resolution may be rescinded Judge may determine resolution When child to be deemed to be maintained by society When to be deemed deserted Other persons not relieved care 9. Where a child is deserted by its parents and is maintained by a Children's Aid Society, or in a foster home, having been placed there by proper authority, the Children's Aid Society may at any time resolve that the child shall be under the control of such society until it reaches the age of eighteen years, or such earlier age as may be thought proper, and thereupon until the child reaches that age all the powers and rights of the parent in respect of the child shall, subject to the provisions of this Act, vest ia the society. (2) The society may rescind such resolution if they think that it will be for the benefit of the child that it should be rescinded or may permit the child to be either permanently or temporarily under the control of its parent, or of any other relative or of any friend. (3) A judge of the Supreme Court or a judge of the District Court, if satisfied on complaint made by a parent of the child that the child has not been maintained by the society, or was not deserted by such parent, and that it is for the benefit of the child that it should be either permanently or temporarily imder the control of such parent, or that the resolution of the society should be determined, may make an order accordingly, and any such order shall be complied with by the society, and if the order determines the resolution it shall be thereby determined as from the date of the order, and the society shall cease to have the rights and powers of the parent in respect of the child. (4) For the purposes of this Act a. child shall be deemed to be maintained by a Children's Aid Society if it is whoUy or partly maintained by them, either in a shelter or temporary home or other institution conducted by the society or is placed out under the provisions of this or any other Act. (5) Where a parent has been convicted on a criminal charge, or in respect of an offence committed against his child the child shall be deemed to be deserted by that parent. (6) Nothing in this section shall relieve any person from liability to contribute to the maintenance of a child; but the fact of such contribution being made shall not deprive the society of 'any of the powers and rights conferred on them by this section. Application to court for production of child Court may order compensation Order when child deserted or brought up by others 10. Where a parent applies to the Supreme Court for an order for the production of a child committed under this Act, and the court is of opinion that the parent has abandoned or deserted the child, or that he has otherwise so conducted himself that the court should refuse to enforce his right to the custody of the child, the court may in its discretion decline to make the order. (2) If at the time of the application the child is being brought up by another person, or has been placed out by a Children's Aid Society, the court if it directs the child to be given up to the parent may order that the parent shall pay to such person or society the whole of the expenses properly incurred in bringing up the child, or such portion thereof as" may seem just. (3) Where a parent has — (a) Abandoned or deserted his child; (b) Allowed his child to be brought up by another person at that person's expense, or by a Children's Aid ^ciety for such time and under such circumstances as to satisfy 756 children's protection act Cap. 12 1909 the court that the parent was unmindful of his parental duties; the court shall not make an order for the delivery of the. child to the parent unless he satisfies the court that having regard to the welfare of the child he is a fit person to have the custody of the child. (4) If the court is of opinion that the parent ought not to have oi-der as to the custody of the child but that the child is being brought up^'i^ation in different religion from that in which the parent has a legal right to require that the child shall be brought up, the court shall have power to make such order as the court may think fit to secure that the child be brought up in that religion. (5) Nothing in this section shall affect the power of the court to child's consult the wishes of the child in determining what order ought ™SS't^''° to be made or any right which a child now possesses to exercise its own free choice. SURRENDER OF CHILDREN. 11. A parent, who by instrumeni; in writing has surrendered ^|;™J^^ the custody of a child to a Children's Aid Society, incorpdrated suirendered Boys' or Girls' Home, Orphans' Home or Asylum, or Children's "Sfid"^'' °* or Infants' Home, shall not thereafter contrary to the terms of such instrument be entitled to the custody of or any control or authority over or any right to interfere with such child. (2) No parent shall surrender the custody of such child to any person, society, institution, home or other organization, without first having obtained the consent, in writing, of the superintendent, and any surrender without such consent shall be null and void. 1910, c. 2, s. 23. (3) Any parent who violates the provisions of the immediately preceding subsection shall be liable on summary conviction to a fine of not more than one himdred dollars, and in default of payment, to imprisonment for a term not exceeding three months. 1910, c. 2, s. 23. RIGHT OP INSPECTION. 13. Every society or person to whose care a child is committed Right ot under the provisions of this Act, and eveiy person entrusted to^pe^"^™* with the care of any such child, shall, from time to time, submit such child to be visited and any place where such child may be or reside to be inspected by the superintendent or any person duly authorized in that behalf. 13. Subject to such regulations as may be approved of by the Ministers of Minister, all ministers of religion or persons authorized by the adJS°^^°t J^ recognized head of any religious denomination, shall haves*'^" admission to every temporary home or shelter, and access to such of the children placed or detained therein as belong to their respective denominations, and may give instruction to them on the days and at the times appointed by such regulations for the religious education of such children, and may enter in a book to be kept for that purpose any remarks pertinent to the work or shelter. 757 1909 Cap. 12 CHILDREN S PKOTECTION ACT INSTITUTIONS MAT TBANSFEB CHILDBEN. SSSayi ^^* Notwithstanding the provisions of any by-law, rule or transfer child regulation fop the government or control of an incorporated Orphanage, Children's Home, Infants' Home or Industrial School, the trustees or governing body thereof may take advantage of the provisions of this Act by transferring any child under their guardianship to the superintendent or to the Children's Aid Society in the locality of such orphanage, home or school, to be placed out by the superintendent, or by such Children's Aid Society in pursuance of the provisions of this Act, and in such case it shall be the duty of the superintendent to visit such child. (2) No such transfer shall be made or be valid without the consent in writing of the superintendent. 1910, c. 2, s. 23. Rules to 15. The Minister may make rules respecting the management MiSster ^ of societics Operating imder this Act. Child in public place at night Ti> be warned and taken home or to shelter Penalty for parent CHILDBEN OXJT AT NIGHT. 16. Municipal coimcils in cities^ towns and incorporated villages may pass by-laws regulatiag the time after which children shall not be in a public place at night without propef guardianship and the age or apparent age of boys and giifls respectively under which they shall be required to be in their hojoaes at the hour appointed. (2) A child found in a public place after the time appointed may be warned to go home by any. constable or peace officer and if aiter such warning the child is found loitering in a public place such child may be taken by the constable or officer to its home or to the Children's Shelter. (3) Any parent may be summoned for permitting his child to habitually violate such by-law, and may be fined for the first offence $1, without costs, and for the second offence $2, and for a third or any subsequent offence $5. 16a. Municipal coimeils in cities, towns and incorporated villages may pass by-laws regulating and controlling and licensing children engaged as — , (a) Express or dispatch messengers; {b) Vendors of newspapers and sm&Uwares; (c) Bootblacks. 1911-12, c. 4, s. 34. (2) No license fee imposed hereunder shall exceed the sum of 50 cents per annum, and no child engaged in two or more of the said occupations shall be compelled to take out more than one license, nor pay more than one license fee. 1911-12, c. 4, s. 34. (3) No such license shall be granted to any female child nor to any male child under the age of 12 years, nor to any male child of the age of 12 years but under the age of 14 years, unless such child shall present written authority from his parent or guardian authorizing him to make application for a Hcense for the purpose of enga;ging in any of the above named occupations. 1911-12. c. 4, s. 34. (4) No licensee under this section shall be permitted to engage in any occupation for which he is hcensed within the limits of the municipality after the hour of 8 o'clock in the evening in the 758 childeen's peotection act Cap. 12 1909 months of December, January and February, or after the hour of 9 o'clock in the evening throughout the rest of the year, or during school hours. 1911-12, c. 4, s. 34. PENALTY FOE ILL-TEEATMENT. 17. Any person who, having the care, custody, control or iii-treating, charge of a boy under the age of fourteen years, or a girl under et^'°°*'°^' the age of sixteen years, ill-treats, neglects, abandons or exposes such child, or causes or procures such child to be ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or serious injury to its health, shall be guilty of an offence under this Act, and upon conviction shall incur a penalty not exceeding $100, and in default of payment of such fine, or in addition thereto, to imprisonment for a term not exceeding one year. CAUSING CHILDEEN TO BE NEGLECTED. 18. Any person who — (a) Causes or procures a child to be in any public place for Causing ^',1 j;u ■ •• 1 /: ■ J • child to beg the purpose of begging or receiving alms, or of mducmg the giving of alms, whether under the pretences of singing, playing, performing, offering anything for sale, or otherwise; or (h) Causes or procures a child to be in any public place for^J?^'!^^"'' the purpose of singing, playing, or performing for profit, place after or offering anything for sale, or procures or causes a^"^™' chUd to be employed, between ten p.m. of one day and six a.m. of the following day; or (c) .Subject to the provisions of subsection (2) causes oi" T" bejn^iioua procures any child to be at any time in any circus or purpose of other place of public amusement to which , the public p^''"''™™^ are admitted by payment, for the purpose of singing, playing, or performing for profit, or offering anything for sale; or (d) Is wilfully guilty of an act or omission producing, promot- Causing ohiu ing or contributing to a child being or becoming a neglected neglected child; "^^^ shall be guUty of an offence under this Act, and on conviction Penalty shall incur a penalty not exceeding $100, and in default of payment of the penalty, or in addition thereto, shall be liable to imprisonment for a term not exceeding one year. 1910, c. 2, s. 23. (2) In the case of any entertainment or series of entertainments Permission to take place in premises used for public entertainment, or in anyperfo'min circus or other place of puhUc amusement where it is shown ""'''''= that proper provision has been made to secure the health and kind treatment of a child proposed to be employed thereat, the mayor of any city or town or chairman of any village coimcil may grant a license for such time and during such hours of the day, between ten p.m. of one day and six a.m. of the following day, such employment not to exceed seven hours in aiiy day of twenty-four hours, and subject to such restrictions and conditions as he may think fit, for a,ny child over ten years of age of whose fitness to' take part in such entertainment or series of entertain- ments without injury he is satisfied; and such license may at any time be varied, added to or revoked by him. 759 1909 Cap. 12 CHILDREN S PROTECTION ACT Officer to be appointed to supervise (3) The municipal council shall assign to some person the duty of seeing that the restrictions and conditions of any license granted under authority of this section are duly complied with, and such person shall have power to enter, inspect and examine any place at which the employment of a child is for the time being licensed. This duty shall be discharged by the chief constable of the municipality until some other person is appointed. 1910, c. 2, s. 23. POWER OF SEARCH. Search for neglected child Order for apprehension Right of entry by officer Particular description not needed 19. If it appears to a police magistrate, or to a justice of the peace, on information laid before him on oath by any person who in the opinion of the magistrate or justice is bona fide acting in the interest of the child, that there is reasonable cause to suspect that a child has been or is being ill-treated or neglected in any place within the jurisdiction of such magistrate or justice in a manner likely to cause the child unnecessary suffering or to be injurious to its health or morals, such magistrate or justice may issue a warrant authorizing any person named therein to search for such child arid if it is found to have been or to be ill- treated or neglected to take it to and detain it in a place of safety until it can be brought before a judge, and the judge before whom the child is brought may cauge.it to be dealt with in the manner provided by section 25 or by section 26. (2) The magistrate or justice may by the same warrant cause any person accused of an offence in respect of the child to be apprehended and brought before a judge to be dealt with according to law. (3) Any person authorized by warrant under this section to search for a child and to take it to and detain it in a place of safety may enter (if need be by force) any house, building or other place specified in the warrant, and may remove the child therefrom. (4) It shall not be necessary in any information or warrant- laid or issued under the provisions of this section to describe a child by name. INTERFERING WITH WARDS. Interfering with wards of Children's Aid Society 30. No person shall — (a) Induce any child to leave the building or premises or custody or control of any Children's Aid Society, or of any Boys' or Girls' Home or Orphans' Home or Asylum or Children's or Infants' Home to which such child has been confined by competent authority; or (6) Induce or attempt to induce a child under the age of eighteen years to leave any service or apprenticeship or any place where the child has been lawfully placed for the purposes of being nursed, supported, educated or adopted; or (c) Induce or attempt to induce any child under the age of eighteen years to break any articles of apprenticeship or agreement lawfully entered into by or with the authority of the trustees or directors or governing body of any such Children's Aid Society, home or asylufn respecting such child; or 760 childeen's PEOTECTiON , ACT Cap. 12 ,1909 (rf) Detain or harbor such child after demand made by or on behalf of any officer of any such institution for. delivery up of such a child. (2) A person who violates the provisions of this section shall P™«^*y be guilty of an offence against this Act, and shall incur a penalty not exceeding $20 and costs, and in default of payment of the penalty and costs, shall be liable to imprisonment for any period not exceeding thirty, days. JUVENILE OFFENDEKS. 31. A child charged with an offence against the laws of Canada Separate^^ or of the Province of Alberta or who is brought before a judge juvenile under any of the provisions of this Act, shall not before trial or°*®°'*°" examination be confined in a lock-up or a police cell used for persons charged with crime, nor save as hereinafter mentioned shall such child be tried or have its case disposed of in the police court room ordinarily used. 1910, c. 2, s. 23. (2) The council of every municipality shall make provision for the separate custody and detention of such child prior to its trial or examination, by arrangement with a pohce officer or some person or society willing to undertake the responsibility of such temporary custody or detention on such terms as may be agreed upon, or by providing suitable premises entirely distinct and separated from the ordinary lock-up or police cells. (3) The judge shall try such child or examine into its case and children's dispose thereof, where practicable, in premises other than the"°" ordinary police court premises, or where this is not practicable, in the private office of the judge, if he have one, or in some other room in the municipal buildings, or if this be not practicable, then in the ordinary police court room, but in such last mentioned case not until two hoUrs have clasped after the other trials or examinations for the day have been disposed of. (4) Where a Children's Aid Society possesses premises affording inquiy may the necessary facilities and accommodation, a child may, after ^emSraof" apprehension under the provisions of this Act, be temporarily ^""'^^y taken charge of by the society imtil its case is disposed of; and the judge shall hold the examination into the case of such child in the premises of the society. 1910, c. 2, s. 23. (5) Where a child or a parent charged with an offence in respect Trial of offence of a child under this Act is being tried, the judge shall exclude plrent*" from the room or place where such person is being tried or examined Excluding all persons other than the counsel and witnesses in the case, ""'''''^ officers of the law or of any Children's Aid Society and the immediate friends or relatives of the child or parent. TO NOTIFY society's AGENT. 33. When a complaint is made or pending against a child J^^°^t before a judge he shall at once cause notice in writing to be given ag^t child to the executive officer of the Children's Aid Society, or to the sSctety™* *° superintendent if there be one in the country, who shall have opportunity allowed him to investigate the charge. (2) Upon receiving such notice the officer may proceed toSoee Alberta Gazette, Vol. 7, No. 6, page 5.) 762 1909 CHAPTER 13. An Act for the Payment of Wolf Bounty. (Assented to February 25, 1909.) IJIS MAJESTY, by and with the advice and consent of the '■ '■ Legislative Assembly of the Province of Alberta, enacts as follows: SHOKT TITLE. 1. This Act may be cited as "The Wolf Bounty Act." INTEHPEETATION. 3. In this Act, unless the context otherwise requires — 1. The term "Minister" shall mean the Minister of Agriculture; 2. The term "inspector" shall mean any person appointed imder the provisions of this Act for the purpose of issuing wolf bounty warrants; 3. The term "wolf" shall mean any timber wolf, prairie woK or wolf pup; 4. The term "timber wolf" shall mean the large wolf known as the gray or black wolf; 5. The term "prairie wolf" shall mean coyote or brush wolf; 6. The term "wolf pup" shall mean the immature young of the prairie or timber wolf, up to the first of August in any year. 3. There shall be paid out of the general revenue of the province, on the presentation of a warrant or warrants in form approved of by the Minister, and issued by a duly appointed inspector, a boimty on timber wolves of |10 per head; a bounty on prairie wolves of $1 per head; a bounty on wolf pups of $1 per head. 4. The Minister may appoint inspectors to examine pelts and issue warrants, and perform such other duties as may be imposed upon him by this Act or any regulation thereunder. 5. Inspectors shall have power to administer any oath or aflarmation required by any rules or regulations made under the provisions of this Act, and shall administer such oaths or aflmnations free of charge. 6. The Minister may, subject to the approval and consent of the Lieutenant Governor in Coxmcil, make rules and regulations governing the payment of bounty, the remuneration of inspectors and generally for the carrying into effect the provisions of this Act, and may from time to time with the like approval and consent alter or repeal any such rules or regulations. 763 1909 Cap. 13 WOLF bounty 7. The Lieutenant Governor in Council may in the event of any appropriation passed by the Legislature for the pajTnent of bounty becoming exhausted, or where for any other reason it is deemed advisable so tp, do, -direct that inspectors be notified to cease issuing warrants, and a like power is hereby vested in the Lieutenant Governor in Council to direct that warrants may be again issued. 8, Aiiy person making a claim for bounty imder this Act on pelts taken from any wolf which has been killed elsewhere than in the Province of Alberta shall be Uable on suminary conviction to a penalty not exceeding $100 and costs. 764 1909 CHAPTER 14. An Act to authorize the Guarantee of Certain Securities of the Canadian Northern Railway Company. (Assented to February 25, 1909.) XJl/HEREAS the Alberta Midland Railway Company, incor- "'' porated at the present session of tMs Legislature, and hereinafter called "the local company", is authorized to construct the lines of railway mentioned in the first part of the schedule hereto, and is also authorized to amalgamate with the Canadian Northern Railway Company, hereinafter called "The Canadian Northern"; And whereas the Canadian Northern is authorized to construct the lines of railway mentioned in the second part of the said schedule; And whereas it is expedient to authorize the guarantee by the Government of certain securities to be secured upon the lines mentioned in the said schedule, and to be issued by the Canadian Northern; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed on with the Canadian Northern, to guarantee payment of the principal and interest of the bonds, debentures, debentm-e stock or other securities (hereinafter called "securities") of the Canadian Northern, to the extent and upon the terms hereinafter set forth. 2. The amount of securities to be so guaranteed shall not exceed the sum of thirteen thousand dollars per mile of the respective lines of railway mentioned in the schedule hereto. The certificate of the chairman of the Executive Council of Alberta as to the mileage of the said respective lines shall for the purposes of this Act and of the guaranteed securities be conclusive. The said securities may be in whole or in part made payable in lawful money of Canada, or in its equivalent in sterling or other money. The rate of interest thereon shall be the rate of four per cent. per annum, payable half-yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charge to a trustee or trustees approved by the. Lieutenant Governor in Council, and. such deed or deeds of trust shall grant a first mortgage or charge upon the line or lines of railway included therein, and in respect to the mileage of which the securities secured thereby are issued, 765 1909 Cap. 14 GUARANTEE OF SECUEITIES and the rolling stock and equipment present and future acquired for the purposes of the said line or lines; also the tolls, revenues and income arising or to arise from the said line or lines, and the rights, privileges and franchises and powers of the local company now or hereafter held by the local company, or now or hereafter held by the Canadian Northern by amalgamation with or in respect of, or by conveyance, assignment, grant or otherwise from or through the local company, in respect to the said line or lines, and the operation and maintenance thereof: Provided always that no securities shall be guaranteed with respect to the mileage of any line mentioned in the first part of the schedule hereto until the Canadian Northern becomes authorized by amalgamation with the local company, or otherwise to construct such line. 4. The kind of securities to be guaranteed and the form and terms thereof, and the form and terms of the mortgage or deed of trust securing them, and the times and manner of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise pending the expenditure of such moneys for the purposes of the said lines of railway respec- tively, and the form and manner of the guarantee shall be such as the Lieutenant Governor in Coimcil may approve. 5. The said guarantee shall be signed by the Provincial Treasurer or such other officer as may be designated by the Lieutenant Governor in Council, and upon being so signed, the Province of Alberta shall become liable for the payment of the principal and interest of the secmrities guaranteed according to the tenor thereof, and the Lieutenant Governor in Council is hereby authorized to make arrangements for supplying the money necessary to fulfil the requirements of the said guarantee, and to advance the amount necessary for that pm-pose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities, the said guarantee so signed shall be conclusive evidence that the terms of this Act with respect thereto have been complied with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby secured shall be paid directly by the purchaser, subscriber, pledgee, or lender into a bank or banks approved of by the Lieutenant Governor in Council to the credit of a special account in the name of the treasurer of the^ province or to such other credit as the Lieutenant Governor in Council may direct; and if the money be borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance only shall be paid in; and securities borrowed upon may after the loans thereon have been paid or discharged by the company be issued or reissued, and shall be secured by the said deeds of trust and entitled to the benefit thereof notwithstanding such loans and payment or discharge. The balances at the credit of the special account or accounts shall be credited with interest at such times and at such rate as may be agreed upon between the company 766 GUARANTEE OF SECURITIES Cap. 14 190 and the bank holding same and the said balances shall from time to time be paid out to the company or its nominees in monthly payments as far as is practicable as the construction of the respective lines of railway specified in the schedule hereto is proceeded with to the satisfaction of the government according to the specification faced by contract between the government and the company; and from time to time as the said work of con- struction proceeds the government shall out of the said balances pay to the company or its nominees in monthly payments as far as it is practicable such sums as an engineer appointed by the Lieutenant Governor in Council shall certify as justified having regard to the proportion of work done upon the said respective lines of railway as compared with the whole work done and to be done upon such lines respectively, each line for this purpose being treated as a separate line. The balance, if any, of the proceeds of such securities at the rate of $13,000 per mile of said lines respectively treated as separate lines which may remain after the completion of the said respective lines of railway shall be paid over to the company or its nominees. Pending completion of the said respective lines the balance at the credit of such special accounts shall until paid out as above provided for be deemed part of the mortgaged premises under said deed of trust and shall not be taken to be public moneys received by the province. 7. Not less than one hundred and twenty-five miles of the lines specified in the schedule hereto shall be constructed on or before the 31st day of December, 1909, and the said lines set forth in clauses 1 and 4 of the first part of the schedule hereto, and in clause 1 of the second part of the schedule hereto shall be completed and ready for traffic on or before the 31st day of December, 1911, and the remainder of the said lines shall be completed and ready for traffic on or before the 31st day of Dec- ember, 1914, and the said lines shall thereafter be operated by the Canadian Northern, which shall maintain and furnish such equipment therefor as will reasonably provide for the requirements of the freight and passenger traffic thereon. 1911-12, c. 4, s. 35; 1913 (1st Session), c. 9, s. 24; 1913 (2nd Session), c. 2, s. 20. 8. The said lines shall be constructed to a general standard not inferior to the standard of the main line of the Canadian Northern between Winnipeg and Edmonton and to the satisfaction of the chairman of the Executive Council of Alberta; before the construction of any line is commenced the general route thereof shall be approved by the Lieutenant Governor in Coimcil. 9. Any payment by the province,,of principal or interest on the said securities, pursuant to the guarantee thereof, shall not m any event be taken to affect the liability 'of the Canadian Northern therefor under the securities so paid or under the mortgage or deed of trust securing the payment thereof, but such liability shall remain unimpaired and "enforceable by the province against the Canadian Northern. The province shall be subrogated as against the said Canadian Northern to all nghts, privileges and powers to which the holders of the respective securities so paid were entitled by virtue of such securities, or of the said mortgage or deed of trust prior to payment by the the province under its guarantee, and shall with respect to 767 1909 Cap. 14 GUARANTEE OF SECUHITIES the securities so paid be in the same position as a holder of securities upon which the Canadian Northern has made default* 10. Subject to the proviso in this section contained, the mortgages or deeds of trust (herein called the original- instruments) securing the securities hereby authorized to be guaranteed, may provide for the issue firom time to time and ranking -pari passu with said securities, and without preference or priority one over the other of additional securities of similar kind, tenor and effect nOt exceeding two thousand dollars per mile of the mileage of any of the lines mentioned in the schedule hereto and also of additional securities of similar kind, tenor and effect; also ranking pari passu, and without preference or priority as aforesaid, not exceeding fifteen thousand dollars per mile of additional lines of railway in the Province of Alberta to be here^ after constructed by thie Canadian Northern: Provided always that before such additional securities are issued the guarantee by the province of the payment of the principal and interest thereof shall first have been authorized by the Legislative Assembly, and that such guarantee shall first have been given pursuant to such authorization. 11. Supplementary mortgages or deeds of trust (herein called supplementary instruments) covering the said lines in the schedule mentioned, and said additional lines in and form approved by the Lieutenant Governor in Council shall be taken to the trustees of the original instruments; and such additional securities shall be issued under the terms of the original instruments and supple- mentary instruments which together with the mortgaged premises covered thereby shall form the security for all the securities issued thereunder in the same manner and with the same effect as if the original instrument and supplementary instrument formed but one instrument,' and as if all the securities issued or to be issued under the original or supplementary instruments were issued under one instnmaent. SCHEDULE. FiBST Paet. 1. A line from a point on the Canadian Northern Railway, at or near VeriniUon, in the Province of Alberta, in a north-westerly direction, to or near Whitford Lake, a distance of about 40 miles. 2. A hne from a point between Morinville and the north boundary of township sixty-one (61), on the Edmonton and Slave Lake Railway, in an easterly direction, a distance of 40 mUes, 3. A line from a point at or near Strathoona, in a generally southerly direction, via Calgary, to the confluence of the Little Bow and Belly Rivers, thence in a south-westerly direction to a point at or Hear Lfethbridge, a dis- tance of about 355 miles, with a branch line from a point near Bittern Lake, in a north-easterly direction, to, -at or near Ve^evSle, a distance of about 50 miles. Also a branch line from near the crossiijig of the Little Bow River, southerly via Macleod, to the southern boundary of the province, a distance of about 110 miles. Also a branch line, from a point oh the last mentioned branch hne between Macleod and the point where thfe said. last mentioned branch line crosses the Belly River in a general westerly. direction to the western boundary of the province, a distance of about 6'5 sailes. Also a bi^anch 768 GUARANTEE OF SECURITIES Cap. 14 1909 line from a point between Cardaton and the southern boundary of the province, on one of the branch lines hereinbefore mentioned, in a general westerly direction to the western boundary of the province, a distance of about 35 miles. Also a branch line from C^lgaxyvia Cochrane to the eastern boundary of Banff National Park, a distance of about 50 miles. 4. A line from a point at or near Content, westerly via Red Deer to a point in Township 38, Range 3, west of the 5th Meridian, a distance of about 60 miles. Second Paht. 1. A line from, at or near Edmonton, in a north-westerly direction, towards Peace River, a distance of about 50 miles. 2. From a point at or near MorinviUe on the Edmonton and Slave Lake Railway, thence northerly a distance of about 72.40 miles to Athabasca Landing. 1911-12, o. 4, s. 35 (2). T69 1909 CHAPTER 15. An Act to authorize the Guarantee of Certain Securities of The Grand Trunk Pacific Branch Lines Company. (Assented to February 25, 1909.) \X7HEREAS the Grand Trunk Pacific Branch Lines Company, "" a company incorporated by an Act of Parhament of Canada, being chapter 99 of the Acts passed in the sixth year of His Majesty's reign and hereinafter called "the company," is authorized to construct the lines of railway mentioned in the first part of the schedule hereto; And whereas the company has applied to the Parliament of Canada for power to construct and operate the lines of railway mentioned in the second part of the schedule hereto; And whereas it is expedient to authorize the guarantee by the Government of certain securities to be secured upon the lines mentioned in the said schedule, and to be issued by the company; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Coimcil is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed on with the company, to guarantee payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called "securities") of the company, to the extent and upon the terms hereinafter set forth. 2. The amovuit of securities to be so guaranteed shall not exceed the sum of thirteen thousand dollars per mile of the respective lines of railway mentioned in the schedule hereto. The certificate of the chairman of the Executive Council of Alberta as to the mileage of the said respective lines shall for the purposes of this Act and of the guaranteed securities be conclusive. The said securities may be in whole or in part made payable in lawful money of Canada, or in its equivalent in sterling or other money. The rate of interest thereon shall be the rate of four per cent, per annum, payable half-yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said secm'ities shall be secured by one or more deeds of trust by way of mortgage or charge to a trustee or trustees approved by the Lieutenant Governor in Council, and such deed or deeds of trust shall grant a first mortgage or charge upon the line or lines of railway included therein, and in respect to the mileage of which the securities sedured thereby are issued, and the rolling stock and equipment present and future acquired for the purposes of the said line or lines; also the tolls, revenues 770 GUARANTEE OP SECUBITIES Cap. 15 1909 and incomes arising or to arise from the said line or lines, and the rights, privileges and franchises and powers now or hereafter possessed by the said line or lines, and the operation and main- tenance thereof: Provided always, that no securities shall be guaranteed with respect to the mileage of any line mentioned in the second part of the schedule hereto until the company becomes authorized by the Parliament of Canada to construct such Unes. 4. The kind of securities to be guaranteed and the form and terms thereof, and the form and terms of the mortgage or deed of tTust securing them, and the times and manner of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise pending the expenditure of such moneys for the purposes of the said lines of railway respectively, and the form and manner of the guarantee shaJl be such as the Lieutenant Governor in Council may approve. 5. The said guarantee shall be signed by the Provincial Treasurer or such other officer as may be designated by the Lieutenant Governor in Council, and upon being so signed, the Province of Alberta shall become liable fbr the payment of the principal and interest of the securities guaranteed according to the tenor thereof, and the Lieutenant Governor in Council is hereby authraized to make arrangements for suppljdng the money necessary to fulfil the requirements of the said guarantee, and to advance the amount necessary for that purpose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities, the said guarantee so signed shall be conclusive evidence that the terms of this Act with respect thereto have been complied with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby secured shall be paid directly by the purchaser, subscriber, pledgee or lender into a bank or banks approved by the Lieutenant Governor in Coimcil to the credit of a special account in the name of the treasurer of the province, or to such other credit as the Lieutenant Governor in Council may direct; and if money be borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance only shall be paid in, and the securities borrowed upon may, after the loans thereon have been paid or discharged by the company, be issued or re-issued and shall be secured by the said deeds of trust and entitled to the benefit thereof, notwithstanding such loans or payment or discharge. The balances at the credit of the special account or accoimts shall be credited with interest at such times and at such rate as may be agreed upon between the company and the bank holding same, and. the said balances shall from time to time be paid out to the company or its nominees in monthly payments as far as is practicable as the construction of the respective lines of railway specified in the schedule hereto is proceeded with to the satisfaction of the government according to the specifications fixed or to be fixed by contract . between the government and the company! and from time to timfe as the 771 1909 Cap. 15 GUAEANTEE OF SECURITIES said work of construction proceeds the government shall out of the said balances pay to the company or its nominees in monthly payments as far as practicable such sums as an engineer appointed by the Lieutenant Governor in Coimcil or such other officer as the government may appoint, shall certify as justified, having regard to the proportion of work done upon the said respective lines of railway as compared with the whole work done and to be done upon such lines respectively, each line for this purpose being treated as a separate line. The balances, if any, of the proceeds of such securities at the rate of thirteen thousand dollars per mile of. the said lines respectively, treated as separate Unes, which may remain after completion of the said respective lines of railway, shall be paid over to the company or its nominees. Pending completion of the said respective lines the balance at the credit of such special accounts shall, until paid out as above provided, be deemed part of the mortgaged premises imder said deed of trust and shall not be taken to be public moneys received by the province. 7. Not less than fifty miles of the lines specified in the schedule hereto shall be completed on or before the 31st day of December, 1909, and the remainder of the said liaes shall be completed on or before the 31st day of December, 1913, and the company shall enter into an agreement, to be approved by the Lieutenant Governor in Council, with the Grand Trunk Pacific Eailway Company for the operation by such last mentioned company of said lines and for the maintenance and furnishing such equipment therefor as will reasonably provide for the requirements of the freight and passenger traffic thereon. 1911-12, c. 4, s. 36; 1913 (1st Session), c. 9, s. 25. 8. The said lines shall be constructed to a general standard not inferior to the standard of ,the main line of the Canadian Northern Railway between Winnipeg and Edmonton and to the satisfaction of the chairman of the Executive Council of the said province. Before the construction of any fine is com- menced, the general route thereof shall be approved by the Lieutenant Governor in Council. 9. Any payment by the province of principal or interest on the said securities, pm-suant to the guarantee thereof, shall not in any event be taken to affect the liability of the company therefor under the securities so paid or under the mortgage or deed of trust securing the payment thereof, but such liability shall remain unimpaired and enforceable by the province against the company. The province shall be subrogated as against the company to all rights, privileges and powers to which the holders of the respective securities so paid were entitled by virtue, of such securities, or of the said mortgage or deed of trust prior to payment by the province tmder its guarantee, and shall with respect to the securities so paid be in the same position as a holder of securities upon which the company has made default. 10. Subject to the provisoes in this section contained, the mortgages or deeds of trust (herein called the original instruments) securing the securities hereby authorized to be guaranteed may 772^ GUARANTEE OF SECURITIES Cap. 15 1909 provide for the issue from time to time and ranking pari passu with said securities, and without preference or priority one over the other of additional securities of similar kind, tenor and effect not exceeding two thousand doll^s per mile of the mileage of any of the lines mentioned in the schedule hereto and also of additional seciu-ities of similar kind, tenor and effect, also ranking pari passu, and without preference or priority as aforesaid, not ■exceeding .fifteen thousand dollars per mile of additional Unes of railway in the Province of Alberta to be hereafter constructed by the company:' Provided always that before such additional securities are issued the guarantee by ' the province of the payment of the principal and interest thereof shall first have been authorized by the Le^slative Assembly, and that such guarantee shall first have been given under the authority of the Lieutenant Governor in Council: Provided further that supplementary mortgages or deeds of trust (herein called supplementary instruments) covering the said Unes and in form approved by the Lieutenant Governor in Council shall be taken to the trustees of the original instruments ; and provided also that such additional securities shall be issued under the terms of the original instruments and supplementary instruments which together with the mortgaged premises covered thereby shall form the security for all the securities issued there- under in the same manner and with the same effect as if the original instrument and supplementary instrument formed but one instrument, and as if all the securities issued or to be issued under the original or supplementary instruments were issued under one instrument. SCHEDULE. FiEST Part. A line from a, point on the western division of the Grand Trunk Pacific Railway between the 111th and 113th degrees of longitude, to Calgary, and thence to the southern boundary of the province at or near Coutts, a distance of about 451 nules. Second Part. A line from a point on the line of the Grand Trunk Pacific branch line between Calgary and Lethbridge; such point being in a north-easterly direction from Macleod; thence to or near Maoleod, not to exceed a distance of about forty miles. '^73 1909 CHAPTER 16. An Act to provide for an Issue of Guaranteed Securities of The Alberta and Great Waterways Railway Company. {Assented to February 25, 1909.) \\7HEREAS the Alberta and Great Waterways Railway "' Company has by Act of the Legislature of the Province of Alberta been authorized to issue certain bonds secured by mortgage upon its railway (including its terminals at Edmonton as hereinafter mentioned) and whereas it is expedient that provision should be made for the guaranteeing of such bonds by the Govern- ment of Alberta as follows: To the extent of $20,000 per mile of the mileage of the lines of its railway (length of branches and sidings being computed in making up the mileage on which the amoxmts are so to be guaranteed, but mileage at Edmonton tenninals to be excluded in such computation), and to the additional extent of the cost of said Edmonton terminals as fixed and settled by the Lieutenant Governor in Coimcil, the guarantee in respect of the cost of the Edmonton terminals not, however, to exceed the smn of $400,000, and the mileage in respect of which said bonds may be guaranteed not to exceed 350 miles, such guarantee to cover principal and interest of such bends and the bonds being payable in fifty years from the first day of January, A.D. 1909, with interest at five per centum per annum payable half-yearly: Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Government of Alberta is hereby authorized, on such terms and conditions not inconsistent with the provisions of this Act as may be agreed on with the company, to guarantee the payment of the said principal and interest of bonds of the company to the amount above set forth (or its equivalent in sterling or other money), the decision of the Lieutenant CJovemor in Council as to the mileage of said lines and as to the cost of the Edmonton terminals to be conclusive; such bonds to bear interest at the rate of five per centmn per anniun, payable half- yearly and to mature on the first day of January, A.D. 1959, and may be made redeemable at any time before maturity thereof. The total of said mileage in respect of which said bonds may be guaranteed shall not exceed 350 miles. 3. The said bonds so guaranteed shall be secured by mortgage to be made to trustees approved by the Lieutenant Governor in Council and shall cover the railway above mentioned, including the said Edmonton terminals, and the rolling stock and equipment present and future acquired for the piirpose of the said lines, also the tolls, revenues and incomes arising or to arise from the 774 GUARANTEE OF SECTJBITIEB CJap. 16 1909 said line or lines, and the rights, privileges, franchises and powers of the company now or hereafter held in respect of and in connection with the said lines and the operation, maintenance and repair thereof; and subject only to the provisions of The Railway Act of Alberta and The Railway Act of Canada, whichever may be applicable to the railway, the said mortgage shall be the first charge thereon. 3. The forms and terms of such bonds and of the mortgage securing the same and of the guarantees and the times and the manner of the issue of the bonds shall be such as the Lieutenant Governor in Council may approve. 4. The said guarantees shall be signed by the Provincial Treasurer or such officer as may be designated by the Lieutenant Governor in Council to sign the same and upon being so signed th6 Province of Alberta shall be liable for the payment of the principal of the bond so guaranteed and of the interest thereon from and after the date of such guarantee according to the tenor thereof, and no purchaser, pledgee or other person acquiring any of such bonds so guaranteed need inquire in respect of compliance with the terms of this Act, and in case any need should ever aarise for payment by the province imder such guarantee the Lieutenant Governor in Council may make arrangements for payment accordingly. 5. Save as herein otherwise provided all moneys realized by sale, pledge or otherwise of the said bonds shall be paid directly by the purchaser, subscriber, pledgee or lender into a bank or banks approved of by the Lieutenant Governor in Council to the credit of a special account in the name of the Treasurer of the province, or such other credit as the Lieutenant Governor in Council may direct; and if the money be borrowed by the company upon pledge or otherwise upon any of the bonds prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received from the bonds so borrowed upon and the balance only shall be paid in; and bonds borrowed upon may after ihe loans thereon have been paid or discharged by the company be issued or re-issued and shall be secured by the said mortgage and be paid to the benefit thereof notwithstanding such loans and payment or discharge. The balance at the credit of the special account or accounts shall be credited with interest at such times and at such rate as may be agreed upon between the company and the bank holding same, and the said balance shall from time to time be paid out to the company or its nominee in monthly payments as far as it is practicable as the construction of the said lines of railway and the said terminals is proceeded with to the satis- faction of the Lieutenant Governor in Council according to the specifications fixed or to be fixed by contract between the government and the company, and in such simis as an engineer appointed by the Lieutenant Governor in Council shail certify as justified, having regard to the proportion of work done upon the said fines of railway and Edmonton terminals respectively as compatred with the whole work done and to be done upon said lines and Edmonton terminals respectively, such lines and Edmonton terminals respectively for this purpose being treated 775 1909 Cap. 16 GtTARANTBE OF SECXJKITIES separately; provided, however, that at the option of the company the moneys so paid into the said bank shall, instead of being paid out in the manner above set out, be paid out to the company from time to time upon the completion (except as to the ballast) of every section of ten miles of railway line (and in the case of the Edmonton terminals on a progress basis -pari passu with con- struction thereof and proportionately to the total estimated cost thereof as fixed and settled by the Lieutenant Governor in Council), to the satisfaction of the Lieutenant Governor in Council according to the said specifications fixed or to be fixed by contract between the Government and the company and as certified upon the certificate of the said engineer so appointed by the Lieutenant Governor ia Council. The balance, if any, of the proceeds of such bonds which may remain after the com- pletion of the said fines of railway and Edmonton terminals shall be paid over to the company or its nominees pending the completion of the said respective Unes and terminals. The balance at the credit of such special accounts shall, when paid out as above provided for, be deemed part of the mortgaged premises imder said mortgage and shall not be taken to be public moneys received by the province. 6. In lieu of the provisions in the last preceding paragraph contained the following provisions shall have effect at the option of the company; the bonds hereby authorized to be guaranteed shall be guaranteed, or delivered to the company or its order, from time to time upon the completion (except as to the ballast) of every section of ten miles of railway line and in the case of the Edmonton terminals on a progress basis pari passu with construction thereof and proportionately to the total estimated cost thereof as so fixed and settled by the Lieutenant Governor in Coimcil and in such case interim certificates in such form as the Lieutenant Governor in Council may please may be given certifying that the bond upon which such interim certificate is endorsed is of the series intended to be guaranteed and will be guaranteed in accordance with the terms of this Act. 7. Any payment by the province of principal or interest on the said securities, pursuant to the guarantee thereof, shall not, in any event, be taken to affect the liabifity of the company therefor, under the securities so paid or under the mortgage securing the payment thereof, but such liabifity shall remain unimpaired and enforceable by the province against the company. 8. The rates for passengers and freight which may be charged by the said company shall be such as may be approved of from time to time by the Lieutenant Governor in Council. 9. The company shall not, except with the sanction of the Lieutenant Governor in Council, amalgamate with any other company or lease or transfer the railway or its franchises, or adopt any method for placing the said / railway under the management or control in whole or in part of any other railway or railways in any manner whatsoever. Note.— Chapters 17 to 51 inclusive of 1909 are Private Acts. 776 1910 (fiest session). CHAPTER 1. An Act for granting to His Majesty certain sums of money for the five months ending the thirty-first day of May, 1910. (Assented to March 19) 1910.) Most Gracious Sovereign: \X7HEREAS it appears by Message from His Honour George ' " Hedley Vicars Bvilyea, the Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Message, that the sums hereinafter mentioned are required to defray certain expenses of the Civil Service of this province not otherwise provided for during the five months ending the Thirty-first day of May, one thousand nine hundred and ten, and for other purposes relating thereto : May it therefore please Your Majesty that it may be enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1910." 3. From and out of the General Revenue Fund there may be paid and appUed a siun not exceeding in the whole one million four hundred and forty-three thousand and five hxmdred and thirty-nine dollars and twenty-five cents ($1,443,539.25) towards defraying the several charges and expenses of the Civil Service of the province for the five months ending the thirty-first day of May, in the year of our Lord one thousand nine hundred and ten, not otherwise provided for and set forth in the schedule A to this Act, and also for the other purposes in the said schedule ■ mentioned. 3." The due appfication of all moneys expended imder this Act shall be accounted for. SCHEDULE A. I. Civil Government — Lieutenant Governor's Office $ 500. 00 Executive CouncU 15,000. 00 Attorney General's Department 6,000. 00 R'ovincial Secretary's Department 1,200. 00 IVeasury Department 3,750. GO Provincial Auditor's Office 3,000. 00 Public Works Department 15,000. 00 Education Department 6,500. 00 Agriculture Department 8,500. 00 777 $59,450.00 1910 Cap. 1 APPKOPBIATION (1st Seas.) II. Legislation $ 17,700.00 III. ADMUnSTKATION OF Jttsttcb 139,250. 00 IV. Public Woeks 549,840.00 V. Education 174,700. 00 VI. AGRicirt/rjiBE AND Statistics 128,899.25 VIII. Hospitals, CHABmBS and Public Health 30,500.00 VIII. Miscellaneous - 43,200.00 IX. Telephones 300,000. 00 $1,443,539.25 778 1910 (first session). CHAPTER 2. An Act respecting Land Surveyors. {Assmted to March 19, 1910.) OIS MAJESTY, by and with the advice and consent of the •^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Alberta Land Surveyors' ^^"^'"^^^ Act." INTEKPRETATION. 2. In this Act iinless the context otherwise requires — 1. The expression "association" means the "Alberta Land-*™""^*'"" Surveyors' Association" ; 2. The expression "president" means the president of thePreadent said association, or the presiding oflScer for the time being at any general meeting of the association; 3. The expression "council" means the council of management Coimoa ■ of the association; 4. The expression "board" means the board of examiners Board appointed by the Senate of the University of Alberta for the purposes of examining candidates , for admission to study or practise as an Alberta land surveyor of the association; 5. The expression "secretary" or "secretary-treasurer" or Secretary "registrar" means the secretary-treasurer of the association. BEGISTBATION OF LAND SUEVETORS. 3. No person shall, within the province, subsequent to the^°„^y "^ first day of January, 1911, act as a surveyor of lands other than surveyors Dominion lands, unless he has been duly authorized to practise as a land surveyor according to the provisions of this Act and shall have become registered and shall continue to be registered under the provisions of this Act imder a penalty of not less than $40 or more than $100. 1910 (2nd Session), c. 21, s. 1. ' ALBERTA LAND SURVEYORS' ASSOCIATION. 4. All persons who become duly, withorized to practise as Alberta Land land surveyors under the provisions of this Act shall constitute aSSIoh the Alberta Land Surveyors' Association and shall be a body politic and corporate with perpetual succession and a common seal. 5. The said association shall have power to acquire and holii^°'"?'*P' real estate not exceeding at any time an annual value of $5,000*^°'"**'™ and to alienate, exchange, mortgage, lease or otherwise charge 779 1910 (1st Sess.) Cap. 2 LAND SURVEYORS By-law Council of management Presiding officer Officers or dispose of the said real estate, or any part thereof as occasion may require, and all fees payable to the association under this ' Act or under any by-law which may be passed by the association under the powers hereby granted shall belong to the association for the purposes of this Act. 6. The said association may pass by-laws not inconsistent with the provisions of this Act for the- — (a) Government and discipUne of its members; (5) Management of its property; (c) Maintenance of the association by levying contributions or otherwise, provided however that no such levy or levies shall in any year exceed the total sum of $20 on each member; (d) Eaxmination and admission of candidates for the study or practice of the profession; and (e) For all such other purposes as may be necessary for the working of the association. (2) All by-laws shall be prepared by the council hereinafter named, and before becoming effective shall be ratified by the association at the annual general meeting or at a special general meeting to be called for the purpose. 7. There shall be a council of management of the association consisting of the president and vice-president of the association, and six other elective members to be elected and hold oflSce as hereinafter provided. (2) The president, or in his absence, the vice-president, or in the absence of both the senior elected member of the council shall act as chairman a;t all meetings of the coimcil and the council at the first meeting thereof, following the election of the presiding officer and council for the ensuing year, shall appoint such other officers as may be necessary for the carrying out the provisions of this Act, who shall hold office during the pleasure of the council. (3) Meetings of the council may be held by order of the president or at the request of three members of the council, and due notice of such meetings shall be given by the secretary to each member thereof by mailing such notice to the registered address of each said member at least 14 days previous to the time of such meeting. (4) The members of the association shall elect annually from amongst their number a president, vice-president, secretary- treasurer, two auditors, and three members of the council of management, and the secretary-treasiirer of the association shall be the registrar of the association and secretary of the examining committee. (5) The said president, vice-president, secretary-treasurer, auditors and three members of the council may be elected at the annual general meeting in each year, provided their election is unanimous. (6) Except in the case of an appointment to fill a vacancy caused by the resignation, death or dismissal of a member of the council, all elected members of the council shall hold office for the term of two years and until their successors have been elected; provided that in the first council elected the three 780 LAND.SUBVEYOBS Cap. 2 1910 (1st Ses^.) members securing the greatest number of votes shall sit for two years, the remaining three only for one year. (7) In the case of the resignation, death or dismissal of the president, vice-president or any elective member of the council the other members of the council shall have power to fill for the unexpired portion of his term any vacancy so caused. 8. The functions of the council shall be — (a) To maintain the discipline of the members of the^^^^™ association; (6) To prevent and conciliate all misunderstandings between members of the association, and to hear and decide all complaints and .accusations preferred by third parties against them in relation to their professional conduct; (c) To prepare the by-laws of the association; (d) To draw up an annual report on the operations of the association for submission to the annual general meeting of the association; and such report shall be in the form of the minutes of all meetings of the council during the preceding year. 9. Should the election of any of the officers mentioned inbiu^™*"" the preceding section not be made imanimously at the annual general meeting and a ballot be demanded for the election of any of them by any member of the association entitled to vote at such election, then and in every such case the president, or in his absence the vice-president, shall appoint two scrutineers to count the ballots, and the secretary-treasurer shall at such annual meeting receive nominations of candidates for the office or offices in respect of which such ballot shall have been demanded, and the election shall take place in the manner hereinafter provided. (2) All elections under this Act shall be by ballot if demanded, and shall be conducted in the manner provided by this Act and by the by-laws of the association. 10. At least one week after any annual general meeting, at v°*™b papers which a ballot has been demanded, the secretary-treasurer as registrar of the association shall send by post to each member of the association to his last known address the form (form A) of voting paper in schedule to this Act, with the list of the names of all candidates nominated at the annual general meeting and also a list of the retiring members, and the voting for officers and members of the coimcil shall be limited to the persons who have been so nominated. 11. The votes at an election by ballot for officers and members "^f^en to be of the council of management shall be given by closed voting "'"™^^ papers in the form A of schedule to this Act or to the like effect and shall be delivered to the secretary-treasurer of the association at his office between the hours of ten o'clock in the forenoon and four o'clock in the afternoon on any day between the 15th day of February and the 15th day of March in each year in which an election by ballot is held, and any voting papers received by the secretary-treasurer by post during the time aforesaid shall be deemed to be defivered to hun for the purposes of the election. 781 1910 (1st Sess.) Counting of ballots Cap. 2 LAND SURVE.YOKS 13. The voting papers shall upon the first Thursday after the fifteenth day of March be opened by the secretary-treasurer of the association in the presence of the scrutineers appointed as above provided, who shall examine and count the votes and keep a record thereof in a proper book provided by the council. (2) Any person entitled to vote at the election shall be entitled to be present at the opening of the voting papers. (3) The persons who have the highest number of votes for officers or members of the council as the case may be shall be declared elected. Case of equality of votes Declaration of result 13. In the case of equality of votes between two or more persons which leaves the election of one or more officers or members of the council undecided then the scrutineers shall forthwith put into a ballot box a number of papers with the names ctf the candidates respectively having such equality of votes written thereon, one for each candidate, and the secretary-treasiu-er of the association shall draw from the ballot box in the presence of the scrutineers one or more of the papers sufficient to make up the required number and the person or persons whose name or names are upon the papers so drawn shall be the officer or officers or the member or members of the coimcil as the case may be. (2) Upon the completion of the counting of the votes and of the scrutiny the secretary-treasurer shall forthwith declare the result of the election, and shall as soon as conveniently may be report the same in writing signed by himself and by the scrutineers to the president of the association and shall notify the elected members of their election. where voting paper has too many names Qualifications for voting Officers Quorum Disputed elections 14. In the event of any member placing more than the required number of names upon the voting paper for members of the council the first names thereon only, not exceeding the required number, shall be counted. 15. The persons quaUfied to vote at an election shall be such •persons as are members of the association who have paid all fees due from them to the association under the provisions of this Act and of any by-law of the association. (2) |No person shall be eligible for election to any office or to the coimcil, or qualified to fill any vacancy thereon, or to appointment by the council to any office unless his fees have been paid and he is duly qualified under the provisions of this Act and the by-laws of the association. 16. At any council meeting, excepting when questions of discipline are to be decided, three shall form a quorum, and all matters shall be decided by a majority of the votes of the active members of the council present at that meeting, the chairman voting only when the votes are evenly divided; but questions of discipline shall be decided only by a majority of the votes of the total council. 17. In case of any doubt or dispute as to who has or hiave been'elected to any office, or as member or members of the coimcil, or as to the legality of the election of any such officer or 782 LAND SUKVEYOBS Cap. 2 1910 (1st SesB.) officers, member or members of the council, it shall be lawful for the other duly elected officers and members to be, and they are hereby constituted a committee to hold an inquiry and decide who, if any, is or are the legally elected officer or officers or member or members of the council, and the person or persons, if any, whom they decide to have been elected shall be and be deemed to be the officer or officers, or member or members legally elected, and if the election is found by them to have been illegal the said committee shall have power to order a new election. 18. The annual general meeting of the association shall be^^muai held in the City of Edmonton or such other place as shall be meeting determined at the previous annual general meeting on the Tuesday following the third Monday in January in each year. Due notice of such meeting sha,ll be given by the secretary- treasurer to each member of the association by mailing a circular letter enclosed in a prepaid envelope addressed to his registered address at least thirty days before such meeting. EXAMINATIONS. 19. The examinations of candidates for admission to study Board of and also of candidates for admission to practise as Alberta land*™™"™ surveyors shall be under the co;ntrol of the University of Alberta, the board for this purpose being appointed by the Senate of the University on the joint nomination of the president of the University, or some one deputed by him for that purpose, and the examining . committee of the assoeiaticm as hereinafter constituted. (2) The examining committee of the association shall consist Examining of the secretary and three other members of the association, °°°"™ who shall be appointed by the council and hold office during the pleasure of the council. (3) The duties of the examining committee shall be to consult with the president of the University of Alberta or anyone deputed by him for that purpose and to select persons who would be suitable members of the board and the names of such persons as they select shaU be submitted to the Senate of the University for appointment to the board. (4) Two members of the examining committee shall form a quorum and they shall meet at the call of the registrar of the University. (5) Any member of the association who is in good standing may be appointed a member of the examining committee or the board. 30. Examinations of candidates for admission to study or practise as Alberta land surveyors shall be held at tiie University of Alberta on the fourth Monday in January in each year and at such other time or times as the Senate of the University of Alberta shall determine. 1913 (1st Session), c. 9, s. 26 (1). 21. The board shall meet at the office of the University of Alberta at the call of the registrar of the University. 783 1910 Cap. 2 LAiro surveyors (1st Sess.) ARTICLED PUPILS. ^ii^ 33. No person shall be admitted as articled pupil with any Alberta land surveyor unless he has previously passed an exam- ination to the satisfaction of the board of examiners in penman- ship, orthography,. English grammar, arithmetic, algebra (including square root, logarithms and quadratic equations), eucUd (first four books and deductions), plane trigonometry, spherical trigono- metry as far as and including the solution of right-angled triangles, mensuration, practical geometry (including the use of ruling pen and the construction of plane and comparative scales),- Canadian and general geography and Canadian history, and has obtained a certificate of such examination and of his proficiency from the board in such form as the board shall determine. (2) Any apprentice or pupil articled to any Dominion land surveyor resident in the Province of Alberta when this Act shall come into force shall be entitled to obtain admission as a member of the Alberta Land Surveyors' Association upon receiving a commission as a Dominion land surveyor, and upon payment of the annual fee without further service and without being subjected to any further examination, provided he is resident in the Province of Alberta and becomes duly registered with the registrar of the association within six (6) months after receiving said commission. Examination 33. Every appficant shall before being examined as provided Mrtificate f ees in section 22, subscction 1, hereof pay to the registrar of the University of Alberta the fees chargeable by the University Senate for the said examination and certificate. 34. Applicants for examination previous to becoming articled pupils shall give one month's notice to the registrar of. the University of Alberta of their intention to present themselves for examination and shall pay to the said registrar the fee required on that behalf. (2) Upon the candidate passing the necessary examination for an articled pupil the registrar of the University of Alberta shall notify the secretary of the association of the fact. (3) Such candidate may then become articled to an Alberta land surveyor in the form C of articles given' in the schedule to this Act, and the articled pupils shall within two months after the execution of the articles transmit the same (or one of the duplicate originals thereof if the articles are in duplicate) to the secretary of the association together with the required fee. (4) In the event of the articles not being forwarded to the secretary within the said time the pupil's time of service imder articles shall count from the time when such articles are received by the secretary instead of from the date of the articles. QUALIFICATION FOR ADMISSION TO PRACTISE. Said to ?^' ^"^py Dominion land surveyor who at the passing of receive a this Act is a resident of the province, and who becomes duly ^"S.°rta registered with the registrar, on or before the first day of January, land suireyor > 784 LAND STJHVEYORS Cap. 2 1910 (1st Sbss.) 1912, shall upon payment of the annual fee provided in this Act, be entitled without any further service or examination, to practise as an Alberta land surveyor. (2) Every Dominion land surveyor not within the provisions of subsection 1 of this section, may, without further service and without being subjected to any examination other than with respect to any Act relating to the staking out and surveying of coal and mineral claims within the Province of Alberta, The Land Titles Act as far as it refers to plans, any Acts respecting ditches or drainage in the province, and such portions of The Public Works Act and parts of other Provincial Acts as may be required by the board of examiners, become registered and entitled upon payment of the annual fee provided in this Act, to practise as an Alberta land surveyor. 1910 (2nd Session), c. 21, s. 2. 26. Except as hereinafter provided no person shall be Quaiifioation permitted to practise as a land surveyor in and for Alberta until to^ra^e °° he has attained the full age of 21 years and has passed an examination before the board of examiners in the following subjects, viz.: plane and solid georhetry, including the first six books and the eleventh book of euclid (with the exception of the last thirteen propositions of the fifth book), algebra, including progressions, plane and sphefical trigonometry, mensuration of superficies, laying out and dividing of land, descriptions by metes and' bounds for deeds and other documents, the use and adjustment of surveying and levelling instruments, including the use of stadia and micrometer, the laying out of curves, practical astronomy (including finding of time, latitude, longitude, variation of the compass), the system of survey of Dominion lands as described in The Dominion Lands Act and manual of instructions for the survey of Dominion lands, arid any Act relating to the staking out and surve3dng of coal and mineral claims within the Province of Alberta, The Land Titles Act as far as it refers to plans, any Acts respecting ditches or drainage in the province, such portions of The Public Works Act and parts of other Acts as may be required by the board of examiners, the theory and practice of levelling, the principles of evidence, drawing of affidavits, taking of field notes and preparation of plans, the rudiments of geology and mineralogy, the forest flora of Canada and the sufficiency of his surveying instruments and has previously served regularly and faithfully for three successive years (of which at least twelve months shall have been in actual practice in the field) except as is here- inafter provided, under an instrument in writing in the form Term of C of the schedule to this Act, duly executed before two witnesses articles as articled pupil to an Alberta land surveyor duly admitted and practising therein as such, nor until he has received from the said land surveyor a certificate in the form D of the schedule to this Act of his having so served during the said period and has deposited with the secretary of the association his own affidavit in the form E of the schedule to this Act. 27. Any person serving as articled pupil as herembef ore Attendance provided may with the permission of the surveyor to whom "u^j]^ ^t^ he is articled attend the University, of Alberta, or any Canadian """' ^ ' 785 1910 (l8t Sesg.) Or insldtutioii with dmilar oourse of study Cap. 2 LAND SURVEYORS Service required from other provincial surveyors Persons qualified in other British Domimons school, college or miiversity the course of study in which is, in the opinion of the board, sufficiently similar, for the purpose of taking any course of study which includes any subjects required for the final examination for admission to practise as a land surveyor but the total period of such term of articles and of such course of study shall not exceed the period of four years from the date of such articles as above mentioned and not less than three years of said period of four years shall be passed in the actual service of a practising Alberta land surveyor, 38. Every person who, previous to the pasfflng of this Act was, or subsequai'tiy becomes duly qualified by certificate, (Mploma or commission to survey lands in any province in Canada and who in order to become so qualified, has served a term under articles to a surveyor similar to the term prescribed by this Act, and who produces evidence of having passed an examination in the subjects prescribed by •section 26 of this Act satisfactory to the board and who has become a resident of the Province of Alberta shall be entitled to be registered as an Alberta land surveyor upon payment of the necessary fee without further service and without being subjected to any examination other than with respect to the system of survey of Dominion lands as described in The Dominion Lands Ad and manual of instructions for the survey of Dominion lands, and any Act relating to the staking out and surveying of coal and mineral claims within the Province of Alberta, The Land Titles Act as far as it refers to plans; any Acts respecting ditches or drainage in the province and such portions of The Public Works Act and parts of other provincial Acts as may be required by the board of examiners, but it shall rest with the board of examiners to decide whether the service of such person is equivalent to that prescribed in this Act for the pupils of Alberta land surveyors and whether the subjects of examination for the certifi- cate, diploma or com mission of a surveyor of lands in such province are sufficiently similar to those set forth in the said sections to entitle him under the foregoing provisions to such commission; and if such service or subjects of examination are in the opinion of the board not sufficiently similar to those required by this Act the board may in its discretion require any candidate for admissicm . as an Alberta land surveyor under the provisions of this section to complete such further term of service or jwaetice in sm-veying and may examine him in such of the subjects set forth ia section 26 of this Act as may appear necessary. 1910 (2nd Session), c. 21, s. 3. 29. Every person who shows to the satisfaction of the board that he has received a conunission or license specially authorizing him as a surveyor of the public or Crown lands in any part of His Majesty's Dominions other than the provinces of Canada to which the provisions of the next preceding section relate and that he has had at least two years' practice either as a surveyor or as a pupil to a surveyor (of which practice at least six months has been in the field) shall be entitled to be registered upon payment of the necessary fee on passing an examination in the subjects set forth in section 26 of this Act and on his produc- ing a certificate from an Alberta land surveyor in the form D together with his own affidavit in the form E to the schedule 786 LAND SURVEYORS Cap. 2 1910 ractising surveyors to be published 41. No person who has been registered on the register provided for in the preceding section shall be registered 'for any year unless he has previously paid to the secretary the fee or fees required by this Act and comphed in all respects with the by-laws of the association; provided, however, that any such person having allowed his registration to lapse by default in payment of fees may at any time cause his name to be entered on the current register upon application to the^aid secretary and upon payment to hina of the fees due for the then current year, together with the fee of $5.00 for subsequent registration prescribed in section 39, subsection (5) of this Act. 1913 (1st. Session), c. 9, s. 26. (2) No name shall be entered in the register except of persons authorized by this Act to be registered nor unless the registrar is satisfied by proper evidence that the person claiming to be entitled to be registered is so entitled, and any appeal from the decision of the registrar shall be decided by the council of the said association and any entry which shall be proved to the satisfaction of such council to have been fraudulently or incorrectly made shall be erased from or amended in the register by order of such council. (3) The association may by by-law provide that any surveyor who has been in the actual practice of his profession for a period of thirty-five years or more, and has during the entire period been a duly qualified surveyor, may be exempted from the payment of the annual membership fee to the association. 43. No person unless registered as above provided shall be entitled to take or use the name or title of Alberta land surveyor either alone or in combination with any other word or words, or any name, title or description implying that he is registered under this Act. (2) Any person who not being registered imder this Act takes or uses such name, title or description as aforesaid shall be liable on summary conviction to a fine not exceeding $50 for the first offence and not exceeding $100 for each subsequent offence. 43. The registrar of the association shall in every year cause to be printed, published and kept for inspection at his office, free of charge, under the direction of the council, a correct register of the names in alphabetical order according to the sm-names, with their respective addresses in the form B set forth in schedule to this Act or to the like effect of all persons appearing on the general register on the first day of February in every year and such register shall be called the "surveyors' register" and copy of such register for the time being, purporting to be so printed and published as aforesaid, shall be 'prima Jade evidence in all courts and before all justices of the peace and others that the persons therein specified are registered according to the provisions of this Act: Provided always that in the case of any person whose name does not appear in such copy a certified copy under the hand of the registrar of the association of the entry of the name of such person in the register shall be evidence that such person is registered imder the provisions of this, Act, and a copy of such register shall forthwith upon bping printed as above provided be sent to the registrar of each land titles office in the province. 790 LAND SURVEYORS Cap. 2 1910 (Ist Seas.) (2) No plan of survey of land in the Province of Alberta other than Dominion lands the survey of which was made subsequent to the first day of January, 1911, shall be accepted by any registrar of land titles unless it be properly executed by a surveyor whose name appears on the current register referred to in subsection (1) hereof. FRAUDULENT REGISTRATION. 44. If the registrar shall wilfully make or cause or allow to be made any falsification in any matters relating to the register or wilftilly omit to make any entry therein that should be made he shall be liable upon summary conviction thereof to a fine of not less than $20 and not more than $50 besides costs, and in default of payment to imprisonment for a period of six months unless the fine and costs shall be sooner paid. 45. Any person who wilfully procures or attempts to procure registration under this Act by making or producing or causing to be produced or made any false or fraudulent representation or declaration either verbally or in writing that he is entitled to such registration shall be liable upon summary conviction thereof to a fine of not less than $20 and not more than $50 besides costs, and in default of payment to imprisonment for a period of six months unless the fine and costs be sooner paid and the council may remove the name of the offender from the register. RECOVERY OF FEES AND PENALTIES. 46. All fees payable to the association imder this Act may Recovery of be recovered as orifinary debts due the association, and all penalties pe^Ses under this Act may be recovered and enforced by summary conviction. NOTICES AND DOCUMENTS. 47. Subject to the other provisions of this Act all notices Notices and and documents reqxiired by or for the purposes "of this Act to^a^T^ed be sent may be sent by post by registered letter and shall be deemed to have been received at the time when the letter contain- ing the same would be delivered in the ordinary course of mail, and in proving such sending it shall be sufficient to prove that the letter containing the notice or document was prepared and properly addressed and mailed. (2) Such n6tices and documents may be in writing orinprint^"™, a'"i-i>°^ or partly in writing and partly in print and when sent to theS^ealed council or other authorities shall be deemed to be properly addressed if addressed to the said council or authorities, or to some officer of the council or authority at the principal place of business of the council or authority and when sent to a person registered under this Act shall be deemed to be properly adcbessed if addressed to him according to his address registered in the register of the association. HOW FUNDS TO BE APPLIED. 48. AIJ moneys arising from fees payable on registration, How fees, etc. or from the annual fees, or from the sale of copies of the register*"^**""''®'' 791- 1910 (1st Sess.) Investment of securities Investment in certain buildings Accounts to be kept and audited Surveys Acting as professional agent of unqualified person Cap. 2 LAND SURVEYORS or otherwise shall be paid to the registrar of the association to be apjdied in accordance with such regulations as may be made by the council for defraying the expenses of registration and other expenses of the execution of this Act. (2) The council shall have power to inviest any slim not expended as above in such securities as shall be approved of by the Govern- ment of the Dominion of Canada or of the Province of Alberta in the name of The Alberta Land Surveyors' Association, and any income derived from any such invested simis shall be added to and considered as part of the ordinary income of the association. 1913 (1st Session), c. 9, s. 26. (3) The association may also use surplus funds or invested capital for the rental or purchase of land or premises, or for the building of premises to serve as offices, lecture rOoms, librafieSj or for any other public purpose connected with land surveyingi 49. The secretary-treasurer and registrar of the association shall enter ia books to be kept for that purpose a true account of all sums of money by him received and paid under this Act and such account shall be audited by the auditors and submitted to the council and association at such time or times as they may require. 50. All surveys made in this province by any Alberta land surveyor shall be made in accordance with The Dominion Lands Survey Act or such provincial Acts as may affect the same. 51. Any Alberta land surveyor who knowingly and wilfully acts as a professional agent of any person not duly qualified to practise as a land surveyor or uses or suffers his name to be used in any such agency or does any act or thing or affords any means or facility tending to enable such unqualified person to practise in any respect as an Alberta land surveyor or which is calculated to, or does, or may mislead the public or any person to believe that such unqualified person is authorized to practise as a land surveyor, or who shall falsely certify as to the service under articles of a pupil when such service shall not have been actually and bona fide performed in the manner intended and required by this Act, shall be liable under section 38 of this Act to a charge of misconduct in the execution of the duties of his office and to discipline in addition to any other liability which he may incur by any such misconduct. 1913 (1st Session), c. 9, s. 26. 53. In order to provide for the registration of land surveyors under this Act, and the acceptance of plans executed by registered land surveyors by registrars of land titles offices in the province as hereinbefore provided prior to the appointment of a secretary- treasurer (or registrar) of the association, the following provisions shall have effect: 1. There shall be a provisional council of management composed of the following persons, namely: John Stewart, D.L.S Calgary. John M. Empey, D.L.S Calgary. Benjamin F. Mitchell, D.L.S Edmonton- Ri W. Cautle'y, D.JL.S. . ., Edmonton. L. C. Charlesworth, D.L.S .Edmonton; ■792 LAND SUBVEYOKS Cap. 2 1910 (1st Seas.) 2. Such provisional council of management . shall, xmtil the first election of the council of management of the association under this A'ct, but no longer, have the following powers and perform the following duties: ■ (o) They shall receive and pass upon the appUcations for registration of such person^ as are entitled to be registered under the provisions hereof without being required to submit to any examination; (6) They shall receive and hold the fees paid by such persons as so apply to be registered, and account for the same to the secretary-treasurer (or registrar) of the association when appointed; (c) They shall forthwith open and keep a correct register of such persons as successfully apply to be so registered; and deliver the same to the secretary-treasurer (or registrar) of the association when appointed; and such register shall be kept in the same manner and shall be and have the same force and effect as the register required to be kept by the registrar of the association under the provisions of section 43 of this Act; (d) They shall on or before the first day of January, 1911, provide the registrar of each land titles office in the proviiice with a printed copy of such register, and such register shall until the first day of February, 1912, be of and have the same force and effect as the "Surveyors' Register" referred to in said section 43; (e) Changes in. and additions to the said register, and to and in the "Surveyors' Register" referred to in the said section 43, and to and in the printed copies thereof in the hands of the registrars of land titles offices in the province may be made by the said provisional council of management of the association, or any one of their number duly authorized by them in that behalf, until the first election of the council of manage- ment of the association, and after such first election by the said council, from time to time, but no person's name shall be added to the said register or the said "Surveyors' Register" or to the printed copies thereof in the hands of the registrars of land titles offices in the province unless he is entitled to be registered under the provisions of this Act, iior shall the name of any person be struck off the said register or the said "Surveyors' Register" or the said printed copies thereof, unless he has been suspended or dismissed for misconduct under the provisions of this Act, or unless he has been so registered by fraud or through mistake; (/) They shall, as soon as practicable after the . passing of this Act, notify all persons who by reasonable inquiry they find to be persons who may be entitled to be registered as herein provided, without an examin- ation of their powers and duties as herein set out, and they shall be entitled to call upon such persons to furnish them with such evidence of their claim to be so re^stered as shall reasonably be required to enable them to pass upon the applications respectively for registration hereunder; 793 1910 (1st SesB.) Cap. 2 LAND SITKVBYOBS (flf) They shall be entitled to such remimeFation and such allowances for expenses for their services as the first council of management of the associati&n shall see fit to make. 1910 (2nd Session), c. 21, s. 4. 53. Nothing in this ^Act shall apply to restoration surveys or re-surveys of land in the province made by Dominion land surveyors imder the authority of any Department of the Government of Canada. 1910 (2nd Session), c. 21, s. 4. SCHEDULE. FORM A. . Form of Voting Paper.. Alberta Land Surveyors' Association Election Council of Management. .1,. ; , -.of the. Alberta land surveyor, do hereby declare: 1. That the signature hereto is my proper handwriting. 2. That I vote for the following persons as the Council of Management of the Corporation for the ensuing year: Name Residence Position Mark with a X those you wish to vote ' for Nominated . A.B CD E.F G.H I.K L.M...;.. 10 others . For President For President For Vice-President. For Vice-President. ForSec'y-Treasurer ForSec'y-Treasurer For Members, of Council 3. That I have signed no other voting paper at this election. 4. That this voting paper was marked and signed by me on the day of the date thereof. Witness iny hand this day of A.D. 19 FORM Bu Alberta Land Survbygbs. Copy of the list of regist^ed , members of the Alberta Land Surveyois' Association who are authorized to practise in the Province of Alberta on tbis ■. .day of 19. '.' under' the provisions of The Alberta Land Surveyor^ Act, 1910. 794 LAND 8UKVEYOBS Cap. 2 Name Address Date of Commissioa Certified correct and dated this day of 191 . Secretary-Treasurer and Registrar of the Association. Office: Edmonton. 1910 (Ut Sew.) FORM C. Abticlbs of PtTPii, TO Land Suhvetoh. These articles of agreement made the day of , one thousand nine hundred and , between A.B., of •■■■•,. Alberta land surveyor, of the one part, and CD., of , and E.F., son of the said CD., of the other part, witness: That the said E.F., of his own free will, and by and with the consent and approbation of the said CD., doth by these presents place and bind himself pupil to the said A.B., to serve htm such from the day of the date hereof, for and during and until the fuU end and term of three years from hence ensuing, and fully to be completed and ended. And the said CD., doth hereby for himself, his heirs, executors and admin- istrators, covenant with the said A.B., his executors, administrators and assigns, that the said E.F., shall well and faithfully, and diligently, according to the best and utmost of his power, serve the said A.B., as his pupil in the practice or profession of a land surveyor which he, the said A.B., now followeth, and shall abide and continue with him from the day of the date hereof for and during and unto the full end of the said term of three years. And that he, the said E.F., shall not at any time during such term cancel, obliterate, injure, spoU, destroy, waste, embezzle, spend or make away with any of the books, papers, writings, documents, maps, plans, drawings, field- notes, moneys, chattels or other property of the said A.B., his executors, administrators or assigns, or any of h^ employers; and that in case the said E.F. shall act contrary to the last-mentioned covenant, orif the said A.B., his exectitors, administrators or assigris shall sustain or suffer any loss or damage by the misbehaviour, neglect or improper conduct of the said E.F. the said C.D., his heirs, executors or administrators, will indemnify the said A.B., his heirs, executors, administrators or assigns, and make good and reimburse him or them the amount of value thereof. And further, that the said E.F.. sha]! at all times keep the secrets of the said A.B. in all matters relating to the said business and profession, and wiU at aJl times during the said term be just, true and faithful to the said A.B. m aU matters and things and from time to time pay all moneys which he shall receive of or bd6nging to or by order of the said A.B4 into his hands, and make and give true and fair accounts of all his acts and doings what- soever in the said business and profession, without fraud or delay, when and so often as he shall thereto be required; and will readily and cheerfully obey and execute his lawful and reasonable commands, and shall not depart or absent himself from the service or employ of the said A.B. at any time during the said term without his conselrt first had and obtained, and shall from time to tame, and at all times during the said term, conduct himself with all due dihgence and with honesty and sobriety. And the said E.F. doth hereby for himself covenant with th£ said A.B:, his executors, administrators and assigns, that hej the said E.F., will truly, honestly and diligently serve the said A.B. at all times for and during the said term as a faithful pupil ought to do in all things whatsoever in the manner above specified. , • . , . , 795 1910 Cap. 2 LAND SURVEYORS (1st Sees.) In the consideration whereof and of , dollars of lawful money by the said CD. to the said A.B., paid at or before the sealing and delivery of these presents (the receipt of which is hereby acknowledged), the said A.B. for himself, his heirs, executors and administrators, doth covenant with the said CD., ^lis heirs, executors and administrators that he, the said A.B., wiU accept and take the said E-F. as his pupil, and that he, the said A.B., will, by the best ways and means he may or can, and to the utmost of his skill and knowledge, teach and instruct, or cause to be taught and instructed, the said B.F., in the course of study prescribed by the Act, in practical sinveying operations, arid in the use of instruments, and generally in the art, practice and profession of a land surveyor, which he, the said A.B., now doth and shall at all times during the said term, use and practise, and also wiU provide the said E.F. with all the necessary and reasonable expenses 'incurred in transacting or performing the business of the said A.B.\ and also wiU at the expiration of the said term use his best means and endea^ vours, at the request, cost and charge of the said CD. and E.F., or either of them, to cause to procure him, the said B.F., to be examined before the board of examiners: Provided the said B.F. shall have well, faithfully and diligently served his said pupilage. And for the said performance of all and every the covenants and agreements aforesaid accord^lg to the true intent and meaning thereof, each of them, the said A.B. and CT>., doth bind himself, his heirs, executors and admin- istrators and assigns in the penal sum of five hundred dollars firmly by these presents. In witness whereof, the parties aforesaid have hereunto set their hands and seals the day and year above written. Signed, sealed and delivered in the presence of h.Ti. A.B. (Seal). J.K. CD. (Seal). E.F. (Seal). FORM D. iDlSCHABGB PROM ArTICIiES AS PtJPII, OF LaND STmVETOB. This is to certify has regularly and faithfully served. years under the articles of apprenticeship herevmto attached, including months of actual practice in the field. He has shown* and is now honourably discharged from the aforesaid articles. Dated this ' day of 19. . . . (Signed). (*Here insert testimony as to the pupil's character for sobriety and probity.) FORM E. Pupil's Affidavit op Sebtice. I, of in the Province of Alberta, survey student, make oath and say: (1) That I have regularly and faithfully served years under articles of apprenticeship dated 19 ... . (2) That I have been engaged with him in actual surveying operations in the field on the following surveys and between the dates set down opposite to them, that is to say: (a) On the survey of from the day of 19. to the day of 119 . . . . (6) On the survey of from the day of 19. to the day of 19. . . . (c) On the survey of from the day of 19. to the day of 19 ... . (d) On the survey of from the day of 19. to the day of 19 ... . (e) On the survey of from the day of 19 . to the day of 19 So help me God Sworn before me at in the on this. . day of . . 19 . . A Commissioner or J. Note.— Chapters 3 to 21 inclusive are Private Acts. 796 1910 (second session) CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money for the Civil Service for the Financial Year Ending Thirty-first Day of December, 1910, and for the Financial Year Ending the Thirty-first Day of December, 1911. {Assented to December 16, 1910.) Most Gracious Sovereign: \X7'HEREAS it appears by Message from His Honour George "' , Hedley Vicars Bulyea, the Lieutenant Governor of the Province of Alberta, and the Estimates accompanjdng the said Message, that the sums hereinafter mentioned are required to defray certain expenses of the Civil Service of this province • not otherwise provided for during the financial year ending the Thirty-first day of December, one thousand nine hundred and ten, and during the financial year ending the Thirty-first day of December, one thousand nine htmdred and eleven and for other purposes relating thereto: May it therefore please your Majesty that it may be enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1910 and 1911." 2. From and out of the general revenue fund there may be paid and applied a sum not exceeding in the whole five million nine hundred and sixty-five thousand nine hundred and thirty- two dollars and twenty cents ($5,965,932.20) towards defraying the several charges and expenses of the Civil Service of the province for the financial year ending the thirty-first day of December, in the year of our Lord one thousand nine hundred and ten, not otherwise provided for and set forth in schedule A to this Act, and also for the other purposes in the said schedule mentioned; and a sum not exceeding in the whole five million nine hundred and two thousand no hundred and twenty-eight dollars and eighty cents ($5,902,028.80) towards defraying the several charges and expenses of the Civil Service of the province for the financial year ending the thirty-first day of December, in the year of our Lord one thousand nine hundred and eleven, not otherwise provided for and set forth in schedule B to this Act, and also for the other purposes in the said schedule mentioned. 3. The due application of all moneys expended under this Act shall be accounted for. 797 1910 Cap. 1 APPROPRIATION (2nd Seas.) SCHEDULE A. I. CrviL Government — Lieutenant Governor's Office $ 2,700. 00 Executive Council 47,000.00 Attorney General's Department 19,506. 00 Provincial Secretary's Department 5,500.00 Treasury Department 12,100.00 Auditor's Office 11,460.00 Public Works Department 60,000. 00 Education Department 20,000. 00 Agriculture Department 24,000. 00 $202,266.00 II. Legislation. . , $106,000.00 III. Administration of Justice $616,176.00 IV. Public Works — Chargeable to Income $705,113. 99 Chargeable to Capital $1,149,493.49 V. Editcation $583,553.43 VI. Agrictjlttjre and Statistics $384,591 . 02 VII. Hospitals, Charities and Public Hjialth $84,700. 00 VIII. Miscellaneous $1,134,039.27 Telephones — Chargeable to Income $155,575. 57 Chargeable to Capital $844,424.43 $3,972,014.28 $1,993,917.92 SCHEDULE B. I. Civil Government — Lieutenant Governor's Office $ 2,700. 00 Executive Council 44,300.00 Attorney General's Department 29,040. 00 Provincial Secretary's Department 5,240.00 Treasury Department 15,700. 00 Audito/s Office »12,810.00 Public Works Department 61,620. 00 Education Department 20,060. 00 Agriculture Department 25,760. 00 $217,230.00 II. Legislation $57,990. 00 III. Administration op Justice $425,100. 00 IV. Public Works — Chargeable to Income $513,000. 00 Chargeable to Capital $1,616,333.00 798 APPROPRIATION Cap. 1 1910 (2nd Seas.) V. Education 8605,230.00 VI. Agmcultube and Statistics — Chargeable to Income S411,680.00 Chargeable to Capital $125,000. 00 vn. Hospitals, Charities and Public Health. . . . $97,000.00 VIII. Miscellaneous $537,750.80 IX. Chargeable to income $408,090.00 Chargeable to capital $742,625.00 X. Pkisonbrs and Insane $145,000.00 $3,418,070,80 $2,483,958.00 1910 (second session) CHAPTER 2. An Act to amend the Statute Law. {Consolidated in various Acts). 799 1910 (second session) CHAPTER 3. Short title An Act respecting Witnesses and Evidence. {Assented to December 16, 1910.) 1_IIS MAJESTY, by and with the advice and consent of the '■ '■ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Alberta Evidence Act." INTEBPBETATION. Interpretation g, Iq this Act — Court Action 1. "Comi;" shall include a judge, arbitrator, umpire, com- missionerj police magistrate, justice of the peace or other officer or person having by law or by the consent of parties authority to hear, receive and "examine evidence; 2. "Action" shall include an issue, matter, arbitration, reference, investigation, inquiry, a prosecution for an offence committed against a Statute of Alberta or an Ordinance in force in Alberta, or against a by-law or regulation made under the authority of any such Statute or Ordinance and any other proceeding authorized or permitted to be tried, heard, had or taken by or before a court imder the law of Alberta. Application of Act Witnesses not to be incapacitated by crime or interest Such persons admitted to give evidence Evidence of parties APPLICATION OF ACT. 3. This Act shall extend and apply to the evidence offered or taken orally or by interrogatories or affidavits or by the production of documents or things or otherwise by or before a court in an action. COMPETENCY OF WITNESSES. 4. No person offered as a witness in an action shall be excluded by reason of any alleged incapacity from crime or interest from giving evidence. 5. Every person offered as a witness shall be admitted to give evidence notwithstanding that he has an interest in the matter in question or in the event of the action, and notwith- standing that he has been previously convicted of a crime or offence. 6. The parties to an action, and the persons on whose behalf the same is brought, instituted, opposed or defended shall, except as hereinafter otherwise provided, be competent and compellable to give evidence on behalf of themselves or of any of the parties; and the husbands and wives of such parties and persons shall, 800 EVIDENCE Cap. 3 1910 (2nd Seas.) except as hereinafter otherwise provided, be competent and Evidence of compellable to give evidence on behalf of any of the parties, wife ^'^ 7. A witness shall not be excused from answering any question witnesses upon the ground that the answer may tend to criminate him, from "answering or may tend to establish his liability to a civil proceeding at«™|^™^^ the instance of the Crown or of any person or to a prosecution criminate under any Act of or Ordinance in force in Alberta. (2) If with respect to any question a witness objects to answer'Answer not upon any of the grounds mentioned in subsection 1, and if, butMe^denoe for this section or any Act of the Parliament of Canada, he would ^s™^*"^™ have been excused from answering such question, then, although the witness is by reason of this section or by reason of any Act of the Parliament of Canada compelled to answer, the answer so given shall not be used or receivable in evidence against him in any civil proceeding or in any proceeding under any Act of or Ordinance in force in Alberta." 8. The parties to an action or proceeding instituted in con-^^^^mcein^ sequence of adultery, and their husbands and wives shall be consequence of competent but not compellable to give evidence, but the husband *'''^*^''' or wife, if competent only under this Act, shall not be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless he or she shall have already given evidence in the same action or proceeding in disproof of his or her alleged adultery. 9. A husband shall not be compellable to disclose any Communiea- communication made to him by his wife during the marriage, 1°^^"*'*° nor shall a wife be compellable to disclose any communication ^=■'■^■86 made to her by her husband during the marriage. Expert Evidence. 10. 'Where it is intended by any party to examine as witnesses Limit of persons entitled according to the law or practice to give opinion "^"^j'"' evidence not more than three of such witnesses may be called ■^tnesses in upon either side. aotmn.etc. Corroborative Evidence. 11. The plaintiff in an action for breach of promise of marriage Evidence in shall not recover unless his or her testimony is corroborated breS of' by some other material evidence in support of the promise. promise 13, In an action by or against the heirs, next of kin, executors, ^^ actions administrators, or assigns of a deceased person, an opposite orrmrestStives interested party shall not obtain a verdict, judgment or decision, 1^^^^"^^ on his own evidence, in respect of any matter occurring before e'"dence of the death of the deceased person, unless such evidence isp^ty^mMr corrobqrated by some other material evidence. be corroborated 13. In an action by or against a lunatic so found or an inmate in actions of a lunatic asylum, or a person who from unsoundness of nund^°[j^^*^J^^* is incapable of giving evidence, an opposite or interested party e^den^ If ' shall not obtain a verdict, judgment or decision on his own evidence p^Tto be unless such evidence is corroborated by some other material °°"°^°™*°'^ evidence. 801 1910 (2nd Sess.) Deponent may take oath declared to be binding Cap. 3 EVIDENCE Oaths and Affirmations. Certain persons may make affirmations or declarations instead of oaths Certificate tliat deponent entitled to affirm Scotch oath EvideDce of child 14. Where an path may lawfully be administered to any person as a witness or as a deponent in an action or on appoint- ment to any office or employment or on any occasion whatever, such person shall be bound by the oath administered, if the same shall have been administered in such form and with such ceremonies as such person may declare to be binding. (2) Where an oath has been duly administered and taken, the fact that the person to whom the same was administered had, at the time of taking such oath, no religious belief shall not for any purpose affect the validity of such oath. .14a. An oath may be administered in the form and manner following : "The person taking the oath shall hold the Bible or New Testament, or in the case of a Jew the Old Testament, in his uplifted hand and the officer adiliinistering the oath shall say: 'You swear that the evidence you give as touching the matters in question in this action or matter shall be the truth, the whole truth and nothing but the truth. So help me God,' to which the person being sworn shall say 'I do' or give his assent thereto in a manner satisfactory to the court or to the officer administering the oath. As used in this section 'officer' shall mean and include every person duly authorized to administer oaths." 1913 (1st Session), c. 9, s. 27. 15. If a person called as a AAdtness or required or desiring to give evidence or to make an affidavit or deposition in an action or on an occasion whereon or touching a matter respecting which an oath is required or permitted, objects to take an oath or is objected to as incompetent to take an oath and if the presiding judge or the person qualified to take affidavits or depositions is satisfied that such person objects to be sworn from conscientious scruples or on the ground of his religious belief or on the ground that the taking of an oath would have no binding effect on his conscience, such person may make an affirmation and declaration in lieu of taking an oath and such affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form. (2) Where the evidence is in the form of an affidavit or written deposition the person before whom the same is taken shall certify that the deponent satisfied him that he was a person entitled to affirm. 16. If any person to whom an oath is to be administered desires to swear with uplifted hand, in the form and nianner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question. ' 17. In any legal proceeding where a child of tender years is offered as a witness, and such child does not, in the opinion of the judge, justice or other presiding officer, understand the nature of an oath, the evidence of such child may be received, though not given upon oath if, in the opinion of the judge, justice or other presiding officer, as the case may be, such child is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth. 802 EVIDENCE Cap. 3 1910 (2nd SesB.) (2) No case shall be decided upon such evidence alone, and Must be such evidence must be corroborated by some other material™"" °™ evidence. 18. A witness who is unable to speak may give his evidence Evidence of in any other manner in which he can make it intelligible. ™" Attendance of Witnesses. 19. A witness served in due time with a subpoena issued outj?^*^!^^^ of any court in Alberta, and paid his proper witness fees and subpoena conduct money, who shall make default in obeying such subpoena, action*" without any lawful and reasonable impediment, shall in addition to any penalty he may incur as for a contempt of court be liable to an action on the part of the person by whom or on whose behalf he shall have been subpoenaed, for any damage which such person may sustain or be put to by reason of such default. Examination of Witnesses. 30. A witness may be cross-examined as to previous state- Proof of ments made by him in writing, or reduced into writing, relative ^rfttelf'^"''' to the matter in question, without the writing being shown to8'a*e"«°t3 him; but if it is intended to contradict him by the writing, his attention shall, before such contradictory proof is given, be called to those parts of the writing which are to be used for the purpose of so contradicting him; and the judge or other person presiding at any time during the trial or proceeding may require the production of the writing for his inspection, and may thereupon make such use of it for the purposes of the trial or proceeding as he may think fit. 31. If a witness upon cross-examination as to a former state- proof of pent made by him relative to the matter in question, and °°°f "■^"'"'^ inconsistent with his present testimony, does not distinctly statements admit that he did make such statement, proof may be given that he did in fact make it; but before such proof is given the circiunstances of the supposed statement, sufficient to designate the particular occasion, shall be mentioned to the witness, and he shall be asked whether or not he did make such statement. 33. A witness may be asked whether he has been convicted Proof of of any crime, and upon being so asked, if he either denies theMu^otion fact or refuses to answ&t, the conviction may be proved; and^^*^*''?^"^^ a certificate containing the Siubstance and effect only (omitting jf he denies the formal part) of the charge and of the conviction, purporting'*' ^*°' to be signed by the officer having the custody of the records of the court at which the offender was convicted, or by the deputy of the officer, shall, upon proof of the identity of the witness as such convict, be sufficient evidence of the conviction, without '^o^Jf''^ "' proof of the signature or of the official character of the person °™"° °" appearing to have signed the certificate. (2) For such certificate a fee of |1 and no more may be demanded Fee for or taken. 33. A party producing a witness shall not be allowed to impeach How far a nis credit by general evidence of bad character but he may con-gf^'ysfy tradict him by other evidence, or if the witness in the opinion of o^Twitneas 803 1910 (2nd Sesa.) Cap. 3 EVIDENCE the judge or other person presiding proves adverse such party may by leave of the judge or other person presiding prove that the witness made at some other time a statement inconsistent with his present testimony, but before such last mentioned proof is given the circumstances of the proposed statement sufficient to designate the particular occasion shall be mentioned to the witness and he shall be asked whether or not he did make such statement. STATUTES AND PUBLIC DOCUTMENTS. Evidence of letters patent Copies of Canadian and Provincial Statutes as evidence Statutes, Proclamations, Orders in Council, Letters Patent, etc. 34. Letters patent imder the Great Seal of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions, may be proved by the production of an exemplification thereof, or of the enfohaent thereof, under the Great Seal imder which the same may have issued, and such exemplification shall have the hke force and effect for all purposes as the letters patent thereby exemplified, as well against His Majesty as against all other persons whomsoever. 35. Copies of Statutes, official gazettes, Ordinances, regulations, proclamations, journals, orders, appointments to office, notices therepf and other public documents purporting to be printed by or under the authority of the Parliament of Great Britain and Ireland\Or of the Imperial Government or by or under the authority of the Government or of any legislative body of any dominion, commonwealth, state, province, colony, territory or possession within the King's dominions, shall be admitted in evidence to prove the' contents thereof. Proclamations, 36. Prima fade evidence of a proclamation, order, regulation oouMuretc., or appointment to office made or issued — of _ overnment ^^^ gy. ^j^^ Govemor General or the Governor General in Council, or other chief executive officer or administrator of the Government of Canada; or (&) By or imder the authority of any Minister or head of any department of the Government of Canada or of provincial or territorial Government in Canada; or (c) By a Lieutenant Govemor or Lieutenant Governor in Council or other chief executive officer or administrator of Alberta or of any other province or territory in Canada; may be given by the production of — (a) A copy of the Canada Gazette or of the official gazette for any province or territory purporting to contain a notice of such proclamation, order, regulation or appointment; or (&> A copy of isuch proclamation , order, regulation or appointment purporting to be printed by the King's Printer or by the Government Printer for the province or territory; or (c) A copy of or extract from such proclamation, order, regulation or appointment purporting to be certified to be a true copy by such Minister or head of a department or by the clerk or assistant or acting clerk 804 of Canada and of Provincial Governments how proved EVIDENCE Cap. 3 1910 (2nd Seag.) of the Executive Council or by the head of any depart- ment of the Government of Canada or of a provincial or territorial Goverimient or by his deputy or acting deputy. 37. An order in writing purporting to be signed by the orders signed Secretary of State of Canada, and to be, written by command of'stete^OT''' of the Governor General, shall be received in evidence as thell"™"^^ order of the Governor General; and an order in writing purport- ing to be signed by the Provincial Secretary and to be written by command of the Lieutenant Governor shall be received in evidence as the order of the Lieutenant Governor. Official Documents. 38. Copies of proclamations and of official and other documents, Notices in notices and advertisements printed in the Canada Gazette or*^*^^**" in The Alberta Gazette, or in the official gazette of any province or territory in Canada shall be prima facie evidence of the originals, and of the contents thereof. 39. Where the original record could be received in evidence Hoj^ubiic a copy of any official or public document in Alberta pm^orting documents to be certified under the hand of the proper officer, or the person *"°^®'^ in whose custody such official or public document is placed, or of a document, by-law, rule, regulation or proceeding, or of any entry in any register or other book of any corporation, created by charter or Statute of Alberta, or charter or Ordinance of the North-West Territories carrying on business in Alberta, purporting to be certified under the seal of the corporation, and the hand of the presiding officer or secretary thereof, shall be receivable in evidence without proof of the seal of the ot'^'co J°oratTonB corporation, or of the signature or of the official character of the person or persons appearing to have signed the same, and without further proof thereof. 30. Where a document is in the official possession, custody privilege in or power of a member of the Executive Council, or of the head ^^^f^^g"^""*! of a department of the pubUc service of Alberta, if the deputy head or other officer of the department has the document in his personal possession, and is called as a witness, he shall be entitled, acting therein by the direction and on behalf of such member of the Executive Council or head of the department, to object to produce the document on the ground that it is privileged; and such objection may be taken by him in the same manner, and shall have the same effect, as if such member of the Executive Coimcil or head of the department were personally present and made the objection. 31. A copy of an entry in any book of account kept in any Entries in department of the Government of Canada or of Alberta shall ?^Pg'™™*»i be received as prima facie evidence of such entry, and of thepnW./LI matters, transactions and accounts therein recorded, if it is^""^™°^ proved by the oath or affidavit of an officer of such department that such book was, at the time of the making of the entry, one of the ordinary books kept in such department, that the entry was apparently, and as the deponent beheves, made in the usual 805 1910 (2nd Sesa.) . Copies of public books or documents admissible in evidence Copies to be delivered if required Cap. 3 EVIDENCE and ordinary course of business of such department, and that such copy is a true copy thereof. 33. Where a book or other document is of so public a nature as to be admissible in evidence on its mere production from the proper custody, a copy thereof or extract therefrom shall be admissible in evidence if it is proved that it is an examined copy or extract, or that it purports to be signed and certified as a true copy or extract by the officer to whose custody the original has been entrusted. (2) Such officer shall furnish the -certified copy or extract to any person applying for the same at a reasonable time, upon his paying therefor a sum not exceeding ten cents for every folio of one hundred words. Signatures of Jukiges, etc. Judicial notice to be taken of signatures of judges, etc. Proof of handwriting, when not required Foreign ' judgments, etc., how proved Copies of notarial acts in Quebec admissible 33. All courts, judges, justices, masters, clerks of courts, commissioners and other officers acting judicially, shall take judicial notice- of the signature of any of the judges of any court of Canada, of Alberta, and of every other province and territory in Canada, where such signature is appended or attached, to any decree, order, certificate, affidavit, or judicial or official docmnent. (2) For the pmposes of this section the members of the Board of Railway Commissioners of Canada shall be deemed judges. 34. No proof shall be required of the handwriting or official position of any person certifying to the truth of any copy of or extract from any proclamation, order, regulation or appoint- ment; and any such copy or extract may be in print or in writing, or partly in print and partly in writing. Foreign Judgments. 35. A judgment, decree or other judicial proceeding recovered, made, had or taken' in the Supreme Court of Judicatin:e or in^ any Court of Record in England or Ireland or in any of the Superior Courts of Law, Equity or Bankruptcy in Scotland, or in any Coiui; of Record in Canada or in any British Colony or possession, or in any Court of Record of the United States, or of or in any State of the United States of America, may be proved by an exemplification of the same under the seal of the court, without any proof of the authenticity of such seal or other proof whatever, in the same manner as a judgment decree, or other judicial proceeding of the Supreme Court of Alberta may be proven by an exemplification thereof. Notarial Documents. 36. A copy of a notarial act or instrument in writing made in Quebec, before a notary and filed, enrolled or enregistered by such notary, certified by a notary or prothonotary to be a true copy of the original thereby certified to be in his possession as such notary or prothonotary, shall be receivable in evidence in the place and stead of the original, and shall have the same force and effect as the original would have if produced and proved. 806 EVIDENCE Cap. 3 1910 (2iid Seas.) 37. The proof by such certified copy may be rebutted or set How aside by proof that there is no such original, or that the copy""^°*° ^ is not a true copy of the original in some material particular, or that the original is not an instrument of such a nature as may by the law of Quebec be taken before a notary, or be filed, enrolled or enregistered by a notary. Protest of Bills and Notes. 38. A protest of a bill of exchange or promissory note purporting Production to be imder the hand of a notary pubhc wherever made shall ^ bo°prima be received as prima facie evidence of the allegations and facts {J^^^^^"™ therein stated. was made 39. Any note, memorandum or certificate piirporting to be certain made by a notary public in Canada, in his own handwriting ^I'^Ji^^^ or to be signed by him at the foot of or embodied in any protest, to be pnma or in a regular register of oflBcial acts purporting to be kept by/'»"e«'"dence him shall be prima facie evidence of the fact of notice of non- acceptance or nonpayment of a bill of exchange or promissory note having been sent or delivered, at the time and in the manner stated in such note, certificate or memorandum. Affidavits, etc., made out of Alberta. 40. Oaths, aflSdavits, afcmations or declarations administered, Affida^ts to sworn, affirmed or made out of Alberta — AibM?ainay (a) In England or Ireland before a commissioner authorized cert^n ^ to administer oaths in the Supreme Court of Judicature ^o^°^"*° of England or Ireland; countries (b) In England or Ireland before a judge of jbhe Supreme Court of Judicature of England or Ireland; (c) In Scotland before a judge of the Court of Session or the Judiciary Court of Scotland; (d) Before a judge of any of the County Courts of Great Britain or Ireland, within his county; (e) In Great Britain or Ireland, or in any Colony of His Majesty, or in any foreign country, before the mayor or chief magistrate of any city, borough or town corporate, certified imder the common seal of such city, borough or town corporate; (/) In any colony belonging to the Crown of Great Britain, or any dependency thereof, or in any foreign coimtry before a judge of any Court of Record or of supreme juris.diction; (g) In the British possessions in India, before any magistrate or collector certified to have been such under the hand of the Governor of such possession; {h) In Quebec, before a judge or prothonotary of the Superior Court or clerk of the Circuit Court; (t) In any foreign place, before any consul, vice>-consul, or consular agent of His Majesty exercising his functions; 0) Before a notary public and certified imder his hand and official seal; or (k) Before a commissioner authorized by the laws of Alberta to take such affidavits; shall be as valid and effectual and shall be of like force and effect 807 1910 (2nd Sess.) Cap. 3 EVIDENCE Seal and Bignature need not be proved Informal headings, etc., not to invalidate 6 Edw. VII, c. 14 to all intents and purposes as if such oath, affidavit, affirmation or declaration had been administered, sworn, affirmed or made in Alberta before a commissioner for taking affidavits therein, or other competent authority of the like nature. 41. Any document purporting to have affixed, impressed or subscribed thereon or thereto the signature of such judge or commissioner, or the signature and official seal of such notary public, or prothonotary, or the seal of the corporation and the signature of such mayor or chief magistrate or governor as aforesaid, or the seal and signature of such consul, vice-consul or consular agent in testimony of such oath, affidavit, affirmation or declaration having been administered, sworn, affirmed or made by or before him, or for any other purpose authorized by this Act, shall be admitted in evidence without proof of such signature, or seal and signature, being the signature or the seal and signature of the person whose signature or seal and signature the same purport to be, or of the official character of such person. Formal Defects in Affidavits. 43. No informality in the heading, or other formal requisites to any affidavit, declaration or affirmation made or taken before a commissioner authorized to take affidavits under The Act respecting Commissioners to Administer Oaths, or under this Act, shall be any objection to its reception in evidence if the court or judge before whom it is tendered thinks proper to receive it. Copies of depositions certified by person talang the same admissible in evidence In actions concerning real estate, probate, etc., to be privm facie evidence of will, etc., after certain notice, unless its validity is put in issue Proof in the case of will of real estate filed in courts in other British possessions Depositions. 43. Where an examination or deposition of a party or witness has been taken before a judge or other officer or person appointed to take the same, copies of the examination or deposition certified under the hand of the judge, officer or other person taking the same, shall, without proof of the signature, be received and read in evidence, saving all just exceptions. Proof of Wills. 44. In order to estabhsh a devise or other testamentary disposition of or affecting real estate, probate of the will or letters of administration with the will annexed containing such devise or disposition or a copy thereof under the seal of the District Court granting the same, or under the seal of the Supreme Court of Alberta, or the Supreme Court of the North-West Territories, where the probate or letters of administration were granted by any of these courts shall be prima facie evidence of the will and of its validity and contents. 45. Where a person dies in any of His Majesty's possessions out of Alberta having made a will sufficient to .pass real estate in Alberta, purporting to devise, charge or effect real estate in Alberta, the party desiring to establish any such disposition, after giving one month's notice to the opposite party to the proceeding of his intention so to do, may produce and file the probate of the will or letters of administration with the will 808 EVIDENCE Cap. 3 1910 (2iul Sess.) annexed or a certified copy thereof under the seal of the court which granted the same with a certificate of the judge, registrar, or clerk of such court that the original will is filed and remains in the court and purports to have been executed before two witnesses, and such probate or letters of administration or certified copy with such certificates shall, unless the court otherwise orders, be prima fade evidence of the will and of its validity and contents. 46. The production of the certificate, in the last preceding Certificate section mentioned, shall be sufficient prima facie evidence of^^^^j^^^ the facts therein stated, and of the authority of the judge, registrar or clerk, without proof of his appointment, authority or signature. Copies of Registered Instrumenis. 47. The word "instrument" in the next succeeding two sections Meaning of shall have the meaning assigned to that word in section 2 of'g°g™J°™'j The Land Titles Act. c. 24 ' 48. A copy of an instrument certified under the hand and Registered seal of office of the registrar or deputy registrar under The Land'^^'^^ Titles Act, in whose office the same is deposited, filed, kept or regis- ^^'i^"™ tered to be a true copy shall be prima facie evidence of the original, except in the cases provided for in section 49. (2) An abstract of title or a general certificate under seal, furnished by any registrar in the Province of Alberta shall be prima facie evidence of the contents thereof. 49. Where a public officer produces upon a subpoena an original copies of document it shall not be deposited in court unless otherwise "^'^^jj^^^^ ordered, but if the document or a copy is needed for subsequent to be eied reference or use a copy thereof or of so much thereof as may'ori'^b be deemed necessary, certified under the hand of the officer producing the document, shall be filed as an exhibit in the place of the original; and the officer shall be entitled to receive in addition to his ordinary fees the fees for any certified copy, to be paid to him before it is delivered or filed. (2) Where an order is made that the original be retained, Original to the order shall be dehvered to the public officer, and the exhibit up™*^^ shall be retained in court and filed. of judge Copies of other Written Instruments. 50. A party intending to prove the original of a telegram, copiea of letter, shipping bill, bill of ladijag, delivery order, receipt, account obtain or other written instrument used in business or other transactions, ^y b™*^ may give notice to the opposite party ten days at least before l^^n^o^^ the trial or other proceeding in which the proof is intended to be certaS^ °° adduced that he intends to give in evidence as proof of the contents °°°'^*'°'^ a writing pm-porting to be a copy of the document and in the notice shall name some convenient time and place for the inspection thereof. (2) Such copy may then be inspected by the opposite party, inspection and shall without further proof be sufficient evidence of the contents of the original document, and be accepted and taken 809 1910 (2iid Seas.) Costs Cap. 3 EVIDENCE in lieu of the original, unless the party receiving the notice within four days after the time mentioned for such inspection gives notice that he intends to dispute the correctness or genuineness of the copy at the trial or proceeding, and to require proof of the original; and the costs attending any production or proof of the original document shaU be in the discretion of the court. Miscellaneous Provisions. Witnesses may be ordered to be examined in relation to any 'matter pending before a foreign tribunal Payment of expenses of witnesses Eight of refusal to answer questions and to produce documents Administration of oath Attesting witness need not be called where none is required by lg.w Comparison of disputed wnting with genuine 51. Where it is made to appear to the Supreme Court or a judge thereof, or to a judge of a District Court, that any court or tribunal of competent jurisdiction in a foreign country has duly authorized, by conunission, order or other process, the obtaining of the testimony in or in relation to any action, suit, proceeding or inquiry pending in or before such foreign court or tribunal, of a witness out of the jurisdiction thereof and within the jurisdiction of the court or judge so appUed to, such court or judge may order the examination of such witness before the person appointed, and in the manner and form directed by the commission, order or other process; and may by the same or by a subsequent . order" command the attendance of any person named therein for the purpose of being examined, or the production of any writing, other docimient or thing mentioned in the order; and may give all such directions as to the time and place of the examination, and all other matters connected therewith as may seem proper; and the order may be enforced, and any disobedience thereto punished, in like manner as in case of an order made by the same court or judge in an action pending in such court or before such judge. (2) A person whose attendance is so ordered shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendance at a trial in the Supreme Court. (3) A person examined under such commission, order or other process, shall have the like right to object to answer questions tending to criminate himself, and to refuse to answer any questions which, in an action pending in the court by which or by a judge whereof or before the judge by whom the order for examination was made, the witness would be entitled to object or to refuse to answer; and no person shall be compelled to produce at the examination any writing, document or thing which he would 'not be compellable to produce at the trial of such an action. (4) Where the commission, order or other process or the instructions of the court accompanying the same direct that the peron to be examined shall be sworn or shall aflorm the person so appointed shall have authority to administer the' oath to hiTn or take his affirmation. 52. It shall not be necessary to prove by the attesting witness an instrument to the vahdity of which atte'station is not requisite. 53. Comparison of a disputed writing with any writing proved to the satisfaction of the coiort to be genuine shall be permitted to be made by a witness; and such writLags and the evidence of witnesses respecting the same naay be submitted to the court or jury as evidence of the genuineness or otherwise of the writing ia dispute. 810 EVIDENCE Cap. 3 1910 (2nd Seas.) 54. Where a document is received in evidence the court when admitting the same may direct that it be impounded and keptlJaeJ^™** in such custody for such period and subject to such conditions J^f^^^^j'J^ as may seem proper or until the further order of the court or of the Supreme Court or a judge thereof or of a District Court (as the case may be). 55. In the completion of any contract of sale of land, recitals, in completion statements of facts and matters and descriptions of parties, reoitSflo*^ contained in deeds, instruments, Acts of Parliament or statutory^a^^^**''''^ declarations twenty years old at the date of the contract, shall, sufficient subject to any stipulations to the contraiy in such contract, and unless and except so far as they are proved to be inaccurate, be taken to be sufiScient evidence of the truth of such recitals, statements and descriptions. 56. The provisions of this Act shall not be taken to exclude Pi™™jo°8 of any method of proving documents or facts in any way in which additional to they may by law be proved. SJSSlrtuts of Alberta 57. Clause 12 of section 10 of The Jvdicature Ordinance and Repeal section 1, chapter 10, of the Ordinances of 1901, are hereby repealed. 811 1910 (second session) CHAPTER 4. An Act to Prevent Priority among Execution Creditors. (Assented to December 16, 1910.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short title 1. This Act may be cited as "The Greditors' Relief Act." District Execution Judge Sheriff Where judge is disqualified No priority among execution creditors Attachment to be for benefit of all creditors Payment to be made to sheriff Attachments in small debt case Money paid to sherin who has no execution in hand 3. In this Act — 1. "District" shall mean a judicial district; 2. "Execution" shall include a writ of fieri facias and every subsequent writ for giving effect thereto; 3. "Judge" shall mean a judge of the District Court of the district, the sheriff of which is required to take the proceedings directed by this Act; 4. "Sheriff" shall include any officer to whom an execution is directed; 5. Where a judge is disqualified to act in a matter arising under this Act a judge of the District Court of an adjoining district shall have jurisdiction to act in his place. 3. Subject to the provisions hereinafter contained there shall be no priority among creditors by execution from the Supreme Court or from a District Court. 4. A creditor who attaches a debt shall be deemed to do so for the benefit of all creditors of his debtor as well as for himself. (2) Payment of such debt shall be made to the sheriff of the district in which the garnishee resides, or if there are more garnishees than one in respect of the same debt then to the sheriff of the district in which any one of them resides. .(3) This section shall not apply to debts attached by proceediags in a large debt case before judgment or a small debt case imless, before the amount recovered by the garnishee proceedings is actually , received by the creditor, an execution against the property of the debtor is placed in the hands of the sheriff of such district. 1911-12, c. 4, s. 37. (4) Where money is paid to a sheriff in whose hands there is no execution against the property of the debtor, and there is in the hands of the sheriff of another district an execution against the property of the debtor, the court or a judge on the apphcation of such last mentioned sheriff or of a creditor or of the debtor may direct, on such terms as to costs and otherwise as may seem just, that such money be paid over to such last mentioned sheriff to be distributed by him as if such money 812 CEEDITOES' RELIEF Cap. 4 1910 (2iid Se8B.) had then been paid to hun by the garnishee; and the court or judge shall fix the compensation to be paid to the sheriff by whom the money was received from the garnishee for his services. (5) Where money which a sheriff is entitled to receive 'under Money paid the provisions of this section is pai(} into any court the sheriff 0^*°*"°* shall be entitled to demand and receive the same from the clerk of such court for the purpose of distributing it under the provisions of this Act. 1911-12, c. 4, s. 37. (6) An attaching creditor shall be entitled to share in respect Attaching of his claim against the debtor in any distribution made imderahSe*^^ the provisions of this Act, but his share shall not exceed the°*JHJ^jg amount recovered by his garnishee proceedings unless he has in due time placed an execution or a certificate given under this Act in the sheriff's hands. (7) The sheriff shall be entitled to poimdage upon money Sherira received and distributed by him under the provisions of th^''"™''*''^ section at the rate of one and a quarter per cent, and no more. (8) If an attached debt which the sheriff is entitled to receive. Sheriff may or any part of it, is received by the attaching creditor, the sheriff attMhLi debt may recover the same from him; and the clerk of , any court shall not pay to the creditor attaching a debt before judgment in a large debt case or to a creditor attaching a debt in a small debt case any moneys recovered by the garnishee proceedings unless such attaching creditor produces a certificate from the sheriff of the district that there is no execution in his ojEce against the goods or lands of the debtor. 1911-12, c. 4, s. 37. 5. Where a sheriff levies money imder an execution against ^''™^**^j. the property of a debtor, or receives mojiey under proceedings notice thereof had and taken under the rules of court relating to the attachment of personal property of an absconding debtor, he shall forthwith make, an entry, form 1, in a book to be kept in his office open to public inspection without charge. (2) The money shall thereafter be distributed rateably among Distribution all execution creditors and other creditors whose executions or certificates given imder this Act were in the sheriff's hands at the time of the le-vy or receipt of the money, or who deliver their executions or certificates to the sheriff within one month from the entry; subject, however, to, the provisions hereinafter contained as to the retention of dividends in the case of contested claims, and to the payment of the costs of the creditor under whose execution the amount was made; and subject also to the provisions of subsection 6 of the next preceding section, and, as respects money recovered by garnishee proceedings, subject to the payment thereout to the creditor who obtained the attaching order of his costs of such proceedings. (3) Subsection 2 shall not apply to moneys received by a^^i^P^ys sheriff as the proceeds of a sale of property by him imder anslieund™ interpleader order but upon the determination of the interpleader ^'d^'^" proceeding in favour of the creditors the moneys whether in the sheriff's hands or in court pending such determination, shall, subject to the provisions of subsection 4, be distributed by the sheriff among the creditors contesting the adverse claims. (4) Where proceedings are taken by a sheriff for relief under Rights of any provisions relating to interpleader those creditors only""*"**'"^ 813 1910 <2nd Seas.) case of interpleader proceedings Order &8 to earning on proceedings ';b ' ■IJc ' Time allowed in interpleader Application of subsequent levy Notice and distribution on further levy Cap. 4 CKEDITOES BELIEF Credit to be given qf payment received Lands and goods writs share equally What creditors may share Money realiised under ^ rules of court relating to absconding debtors Wages or salary due by execution debtor who are parties thereto and who agree to contribute pro rata in proportion. to. the amount of tlieir executions or certificates to the expense of, contesting any adverse claim shall be entitled to share in any benefit which may be derived from the contestation of such claim so far as may be necessary to satisfy their executions or certificates. (5) The judge making the interpleader order may direct that one creditor shall have the carriage of the interpleader proceedings on behalf of aU creditors interested, and the costs thereof as between solicitor and client shall be a first charge upon the money or goods which may be foimd by the proceedings to be applicable upon the executions or certificates. (6) Upon any interpleader application the judge may allow to other creditors who desire to take part in the contest a reasonable time in which to place their executions or certificates in the sheriff's hands upon such terms as to costs and otherwise as may be deemed just. (7) Where the sheriff, subsequently to the entry, but within the month, levies a further amount from the property of a debtor or receives money in respect of a debt which has been attached or sold, the same shall be dealt with a,s if such amount had been levied or received prior to the entry. (8) If after the month a further amount is so levied or received a new notice shall be entered and the distribution to be made of the amount so levied or received and of any further amount levifid or received within a month of the entry of the last mentioned entry shall be governed by the entry thereof in accordance with the foregoing provisions of this section, and so from time to time as ftirther amounts are so levied or received. (9) Where a creditor has shared in a previous distribution he shall be entitled to share in a subsequent one only in respect of the amount remaining due to him after crediting what he has received in any previous distribution. (10) In the distribution of money under this section creditors who have executions against goods or lands only or against goods and lands shall be entitled to share rateably with all others any moneys realized under execution against either goods or lands or against both, or under an attaching order. (11) Subject to the provisions of subsection 6 of section 4 a creditor shall not be entitled to share in the distribution unless by delivery of an execution, or otherwise under tlfis Act, he has established a claim against the debtor either alone or joiatly with some other person. (12) Where moneys in the hands of the sheriff for distribution are the proceeds of the property of an absconding debtor against whom an order of attachment has been issued under the rules of court relating to the attachment of personal property of absconding debtors the period mentioned in subsection 2 shall be two months, and subsection 8 shall be read as if the words "the month" in the first line were " the two months." (13) All persons who are at the time of the seizure by the sheriff, or who within one month prior thereto have been in the employment of the execution debtor, and who shall become entitled to share in the distribution of money levied out of the property of a debtor, shall be entitled to be paid out of such 814 CHEDITOES' RELIEF Cap. 4 1910 (Znd Ses8.) money the wages, or salary due to them by the execution debtor, not exceeding three months' wages or salary, in priority to the claims of the other creditors of the execution debtor, and shall be entitled to share -pro rata with such other creditors as to the residue, if any, of their claims. 6. If a debtor permits an execution issued against him under Proceeding which any of his goods or chattels are seized by a sheriff to remain 2iows ^ unsatisfied in the sheriff's hands until within two days of the^*"^^^" time fixed by the sheriff for the sale thereof, or for twenty days unsatisfied after the seizure, or allows an execution against his lands to remain unsatisfied for nine months after it has been placed in the sheriff's hands, the proceedings hereinafter authorized may be taken by other creditors or claimants in respect of debts which are overdue. 7. An affidavit, form 2, of the debt and the particulars thereof ^^^J»^' °' may be made in duplicate by the creditor, or by one of the creditors in case of a joint debt, or by a person cognizant of the facts. (2) Prior to or simultaneously with the filing with the clerk ^^1*^,. ^j, of the District Court of the affidavit there shaU be filed with certificate him a certificate of the sheriff or an affidavit showing that such proceedings have been had against the debtor as entitle the creditor to proceed under this Act. (3) The claimant shall serve on the debtor one of the duplicates Service on and a notice, form 3. debtor (4) Where the affidavit and notice are to be served out of^^™|o^t Alberta the judge shall by order fix the time after which the next step may be taken by the claimant as hereinafter provided. 8. An execution debtor may give notice in writing to thejg°^^^y sheriff that any claims to be served upon him may be served address for upon a soUcitor in Alberta whose name and address shall be^^"^"^ given, or by mailing the same to an alddress stated in the notice. (2) The sheriff shall thereupon enter the notice in the book Entry of mentioned in subsection 1 of section 5, and so long as any execution which was in the sheriff's hands at the time the notice was given shall remain in his hands shall repeat such entry immediately below any entry, form 1, made in respect of the execu- tion, unless the notice is revoked in writing, in which case the entry thereof shall be marked "revoked." (3) So long as the notice is not revoked the affidavit of claim Service at and notice, form 3, may, where a soHcitor is named, be served *^'^™^ upon an execution debtor by serving the same upon the solicitor, or if mailing is required then by mailing the same by registered post to the'address in the notice given by the execution debtor. (4) Where the notice, form 3, served on a debtor does not Service by state some place in or within three miles of the office of the clerk ""^^ of the district within which the proceedings are being taken, at which service may be made upon the claimant, or does not give the name and address of some solicitor in Alberta who may be served on the claimant's behalf, service of any notice, paper or document may be made upon the claimant by maifing the same, by registered post addressed to the claimant at the town where the said clerk's office is situated. 815 1910 (2nd Sess.) Filing affidavit Cap. 4 CREDITORS BELIEF Service generally Certificate where claim not disputed Delivery to sheriff and effect of certificate (5) The claimant shall file with the clerk of the District Court of the district, the sheriff of which has the execution, one of the duplicate affidavits of claim, and a copy of the notice with an affidavit of service thereof, form 4. (6) The affidavit and the notice shall where practicable be personally served upon the debtor; but if it is made to appear to the judge that the claimant is unable to effect prompt personal service the judge may order substitutional or other service, or may direct some act to be done which shall be deemed sufficient service. 9. Where the claim is not contested in manner hereinafter mentioned, after ten days from the day of service, or after the time mentioned in the order provided for by subsection 4 of section 7 (as the case may be), on the application of the claimant and his filing proof of due service- of the affidavit and notice, or where the claim is contested, upon the determination of the dispute in favour of the claimant, either in whole or in part, the clerk of the District Court shall deliver to the creditor a certificate, form 5; and where the claim is disputed as to a part only the claimant may elect by a writing filed with the clerk to abandon such part and shall be entitled to a certificate as to the residue. (2) Upon delivery of the certificate to the sheriff the claimant shall be deemed to be an execution creditor within the meaning of this Act and shall be entitled to share in any distribution as if he had delivered an execution to the sheriff, and the certificate shall bind the lands and goods of the debtor in the same manner as an execution; subject, however, to the debt being afterwards disputed by a creditor as hereinafter provided. (3) For the purpose of interpleader proceedings the certificate shall be deemed to be an execution. (4) If the certificate is obtained by a solicitor his name and address shall be endorsed thereon; and if obtained by the claimant in person there shall be endorsed thereon a statement of some place within three miles of the office of the clerk of the district within which proceedings are being taken, at which service may be made upon him, and in default thereof service of any notice, paper or document may be made upon the claimant by mailing the same by registered post addressed to him at the town where the clerk's office is situated. (5) On receiving the certificate the sheriff shall make a fiuiiher seizure of the property of the debtor to the amount of the debt so claimed, and the sheriff's fees; and so from time to time in case further certificates are received. (6) A certificate shall remain in force for two years from the date thereof but may from time to time be renewed in the same manner as an execution. rartifloite " (''') Notwithstanding the expiry of an execution or certificate expiring within before the termination of the month during which a notice of mont o evy ^Q^gy ]iaying been levied or received is required to be entered, the execution or certificate, as to any money levied or received during such month, shall be deemed to be in full force and effect. Address for service to be endorsed Further levy to be made Time of remaining in force Contesting clfdm 10. The claim may be contested by the debtor or by a creditor of the debtor. 816 creditors' relief Cap. 4 1910 (2iul Sesi.) (2) Where the debtor contests the claim he shall file with l*^"/** °' the clerk an affidavit stating that he has a good defence to the claim or to a specified part of it on the merits, but the judge may dispense with the affidavit on terms or otherwise. (3) The debtor shall file the affidavit and serve upon the^e^d claimant a copy thereof within ten days after service upon him affidavit of the affidavit of claim and the notice, or within the time mentioned in the order provided for by subsection 4 of section 7, as the case may be, or within such further time as the judge may allow. (4) Where the contestation is by a creditor he shall file witfiConte^on the clerk an affidavit to the effect that he has reason to believe that the debt claimed is not really and in good faith due from the debtor to the claimant; but the judge may dispense with the affidavit on terms or otherwise. (5) Notice of contestation, whether by the debtor or by a Notice of creditor, together with a copy of the affidavit, if any, shall be °°"*^"'*^°° served upon the claimant within five days after filing the affidavit, or after the order of the judge if the affidavit is dispensed with. (6) The affidavit by a creditor may be filed and a certificate Ce'pfaJ.e "' thereof delivered to the sheriff at any time before distribution is made, and the sheriff shall forthwith give notice of the receipt of such certificate to the claimant. (7) The affidavit of the debtor or other contestant shall have Address for endorsed thereon a statement of some place in or within three mUes of the office of the clerk of the district within which proceedings are being taken at which service may be made upon him, or the address of a solicitor in Alberta, who may be served on his behalf, and in default thereof service of any notice, paper or document may be made upon the debtor or contestant by mailing the same by registered post addressed to him at the town where the office of the clerk of the district within which proceedings are being taken is situated. 11. Where the address of a solicitor is given for service which service on is not within three miles of the clerk's office in which themaSn" ^ proceedings are being carried on service may be made upon him by mailing papers by registered post to him at the address so given. 13. Where a claim is contested by a creditor after a certificate Distribution has been placed in the sheriff's hands the sheriff, unless the judge j,°^j°^„^ otherwise orders, shall levy as if such contestation had not been made, and shall until the determination of the contestation retain in a bank the amount which would be apportionable to the claim if valid, and shall as soon after the expiry of the month as is practicable distribute the residue of the money made amongst those entitled. (2) The claimant whose claim is contested may apply to claimant the judge for an order allowing his claim and determining theg^^PP'y amount; and if he does not make such application within eight o^'oiMm'*"™ days after receiving notice of the contestation or within such further time, if any, as the judge may allow he shall be taken to have abandoned his claim. (3) Wbere the contestant is a creditor and there is reason when contest to believe that the contestation is not being carried on in good".°°*'°s°°'* 817 ^*'"' 1910 (2nd Sess.) Trial of contestation Where amount in controversy exceeds S600 Proceedings where issue tried Cap. 4 CREDITORS RELIEF faith any other creditor may apply for an order permitting him to intervene in the contestation. 13. The judge may determine any question in dispute in a summary manner, or may direct an action to be brought or an issue to be tried in any court and in any district for the determination thereof, and make such order as to the costs of the proceedings as he may deem just. (2) Where the sum in controversy appears to be over $600 exclusive of costs the judge shall direct that the action be brought or the issue tried in the Supreme Court, and subject to any order which the Supreme Court or a judge thereof may make in that behalf shall name the district in which the trial is to take place. 1913 (1st Session), c. 9, s. 28. (3) Where an issue is directed the trial shall take place and all proceedings subsequent thereto shall be the same as if it had been an action in the court in which it is ordered to be tried. Produotion, 14. The Same proceedings may be had for the production examination, ^jp documeuts and for the examination of parties or others, either before or at the trial as may be taken in an ordinary action, and such proceedings may also be taken before the application to the judge, and as a foundation therefor. boo?o*f°record ^^' '^^^ clcrk of the District Court shall keep a book in which before giving a certificate or issuing an execution for a claim he shall enter the following particulars with reference to every claim in respect of which he gives a certificate or issues an execution: (a) The name of the claimant, and of the debtor; (6) The date of the entry; (c) The amount of the debt, exclusive of costs; (d) The amoxmt of costs; (e) If the proceedings have been set aside, that fact, and shortly the reason therefor. (2) The entry shall (subject to the provisions of this Act) have the effect of and be a final judgment of the court for the debt and costs. (3) The clerk shall index the entries in a book alphabetically under the names of the debtors. Copy of (4) Where the original papers are lost or destroyed, a copy entry evidence ^f ^j^g ^^^^^ gj^g^jj ^^ evideucc of the matters therein set forth. Effect of 'entry Index Establishing claim in another district 16. Where a creditor has taken in one district the prescribed procefedings in respect of his claim and desires to establish his claim for the purposes of this Act in another district he may do so by obtaining from the clerk of the District Court of the district first mentioned another certificate, form 5, and _ delivering the same to the sheriff of such other district, and the delivery of the certificate to the sheriff shall have the same effect in such other district from the time of the delivery thereof as if the certificate has been issued by the clerk of the District Court of such other district upon proceedings therein. may?^Sf ^"^ ' .^ preditor, entitled to obtain a certificate from the clerk to any district of a District Court, may also sue out an execution into any di trict 818 creditors' relief Cap. 4 1910 (2nd Seas.) in the same maimer as on an ordinary judgment; but this shall/ not prejudice the right of any other creditor to contest the claim of such first mentioned creditor under the provisions of this Act. 18. Where a claim is contested in one district the decision DecMon in thereon shall, as between the parties to the contestation, determine bi^ding'Tn* the amount of the claim for the purposes of this Act in all other o*™' districts in which the claim is filed, and the certificate of the clerk of the District Court of the district in which the contestation has taken place, of the result thereof, shall be sufficient evidence of the decision. (2) Upon payment of a fee of fifty cents the certificate shall be granted to any party to the proceedings who applies thereforr 19. Where the debtor, without a sale by the sheriff, pays theAppUoaUonof full amount owing in respect of the executions and claims iubj^albto?^ the sheriff's hahds at the time of such payment and no other ^i™*^ claim has been filed, or where aU executions and certificates in the sheriff's hands are withdrawn and any claims filed are paid or withdrawn, notice shall not be entered imder the provisions of section 5 and no further proceedings shall be taken imder section 6. (2) Save as aforesaid after a certificate has been deUvered to the sheriff the withdrawal or expiry of the execution upon which the proceedings are foimded, or any stay of the same, or the satisfaction of the plaintiff's claim thereon, or the setting aside or return of the execution, shall not affect the proceedings which may be taken under this Act, and except so far as the action taken with respect to the execution may affect the amount to be levied the sheriff shall levy upon the property of the debtor as he would have done had the execution remained in his hands in full force for execution and he may also take the like proceedings as he would have been entitled to take had the execution been a writ of venditioni exponas. (3) Where a debtor, without a sale by the sheriff, pays to him part of the amount owing in respect of an execution or certificate in his hands, and there is at the time no other execution or certificate in his hands, he shall apply the same on the execution or certificate, and section 5 shall not apply to the money so paid. 30. Where proceedings have been taken against a debtor Costs of under the rules of court relating to the attachment of personal ^^^J"^' property of absconding debtors, and his property has been absconding attached under an order of attachment, before an execution ^ *°" has been placed in the hands of the sheriff, and the moneys levied are the proceeds of such property or a part thereof, the cost of the order of attachment, or if there are more than one the one first placed in the sheriff's hands and the proceedings thereon shall have priority over the claim of all other creditors. (2) Where an attaching creditor is entitled to priority under subsection 1 of this section the priority provided for by subsection 2 of section 5 shall not be given to the execution creditor. 31. The clerk of the District Court shall ascertain and state Costa of in his^ certificate the amoimt of the costs to which the claimant '''*'°^''* is entitled as against the debtor. 819 1910 (2nd Sess.) Cap. 4 CREDITOKS' RELIEF (2) Such costs shall be the following: (a) For serving the affidavit of claim and notice in the case of claims over $400 on the scale of the Supreme Court, and in the case of claims not exceeding $400 on the District Court scale; (6) The fees paid to the clerk of the District Court on the scale for like proceedings in the District Court; (c) Where there is no contest $5 for fees of a solicitor, if one is employed, unless the amount of the claim does not exceed $200; in which case the sum of $2 shall be allowed; (d) Where there is a contest such additional costs as the judge may allow, to be taxed on the scale of the Supreme Court or District Court, according as the amount in dispute is within the jurisdiction of one or other of such courts. Payment to aheriff of fund in court Money made by receiver 33. Where there is in any court a fund belonging to an execution debtor or to which he is entitled the same, or a sufficient part thereof to meet the executions and certificates in the sheriff's hands, may, on the application of the sheriff or any person interested, be paid over to the sheriff, and the same shall be deemed to be money levied imder execution within the meaning of this Act. 33. Where a judgment creditor obtains the appointment of a receiver by way of equijiable execution of property of his debtor the receiver shall pay ruto court the money received by him by virtue of his receivership, and the same shall be subject to the provisions of the next preceding section, but the creditor shall be entitled to be paid thereout the costs of and incidental to the receivership order and the proceedings thereon in priority to the claims of all other creditors. Apportionment of money when amount insufficient to pay claim in pay full 34. Where the amount levied by the sheriff is not sufficient to pay the executions and certificates with costs in full the money shall be applied to the payment rateably of such debts and costs of the creditors after retaining the sheriff's fees including poundage, and after payment in full of the taxed costs and the costs of the execution to the creditor at whose instance and imder whose execution the seizure and levy were made where he is entitled to priority therefor under the provisions of this Act. Levy of interest and costs of renewal 35. The sheriff if directed by an endorsement upon a certificate shall, in addition to the amounts named therein, levy interest on such amounts from the date of the certificate or from the date named in that behalf in the certificate, and also $1.35 for the disbursements on every renewal of the certificate; and where such renewal is made upon the application of a soUcitor he shall also levy $1.25 for the solicitor's costs on the renewal. Sheriff's poundage 36. Where money is to be distributed by the sheriff under this Act he shall not be entitled to poimdage as upon separate executions or certificates, but only upon the net proceeds distributable by him at the same rate as if the whole amount had been payable upon one execution. 820 CREDITOKS' RELIEF Cap. 4 1910 (2nd Seas.) 37. Where money is made under an execution it shall be Money made taken to have been made under all the executions and certificates to be"' ^™* entitled to the benefit thereof, and upon payment being made^l^g^^^,, to the person entitled xmder any such execution or certificate writs entitled the sheriff shall endorse thereon a memorandum of the amount hereof ^* so paid, but he shall not, except on the request of the party who issued the execution, or by the direction of the court out of which the same issued, or of a judge thereof, return the execution imtil the same has been fully satisfied or has expired, in which later case the sheriff shall make a formal return of the amount made thereunder. (2) The like proceedings may be taken to compel payment Compemng by the sheriff of money payable in respect to a certificate asEff"*'"' can now be had to compel the return by the sheriff of an execution. ^ 38. Pending the distribution the sheriff shall keep in the statement to book mentioned in section 5 a statement, form 6, showing the^g^,*^oe following particulars: pending / \ rr-ii i-i .1 111 1.1 distribution (a) The amounts levied or received and the dates of levy or receipt; (b) Each execution, certificate or order in his hands at the time of maJdng.the entry, form 1, or subsequently received during the month, the amount thereof, for debt and costs, and the date of receipt, and such statement shall be amended from time to time as additional amounts are levied or received or further executions, certificates or orders are received. 29. The sheriff shall at all times without fee answer any sheriff to reasonable question which he may be asked orally in respect gj^^^j^^^^j^ to the property of the debtor by a creditor, or any one acting as to estate upon his behafi and shall faciUtate the obtaining by him of fjjii°f 'i^''*'"' information respecting the same and the probable dividend to be reaUzed therefrom in his district, or any other information in connection with the property which the creditor may reasonably desire to obtain. 30. Where at the time for distribution the money is insuflBcient Distribution to pay all claims in full the sheriff shall first prepare for examination ^hlre^ount by the debtor and his creditors a list of the creditors entitled !®'>^ . to share in the distribution, with the amount due to each forto^meSTu principal, interest and costs. "^"^^^ (2) The list shall be so arranged as to show the amount payable to each creditor and the total amount to be distributed; and the sheriff shall deliver, or send by registered post to each creditor or his solicitor, a copy of the list. (3) If within eight days after all the copies have been delivered or posted, or within such further time as the judge may allow, no objection is made as provided by this Act the sheriff shall make distribution forthwith pursuant to such list. (4) If objection is made the sheriff shall forthwith distribute rateably so much of the money made, and among such persons, as will not interfere with the effect of the objection in case the same should be allowed. 821 1910 (2nd Sesa.) Cap. 4 CHEDITOKS EELIEF (5) Any person affected by the proposed scheme of distribution may contest the same by giving within the time mentioned in subsection 3 a notice in writing to the sheriff, stating his objection to the scheme and the grounds thereof. (6) The contestant shall within eight days thereafter apply' to the judge for an order adjudicating upon the matter in dispute, otherwise the contestation shall be taken to be abandoned. (7) The contestant shall within the time mentioned in the next preceding subsection obtain from the judge an appointment for hearing and determining the matter in dispute. (8) A copy of the appointment and a notice in writing, form 7, of the objections stating the grounds thereof shall be served by the contestant upon the debtor unless he is the contestant, and upon the creditors or such of them as the judge may direct. (9) The judge may determine any question in dispute in a summary manner, or may direct an action to be brought or an issue to be tried with or without a jury in any court and in any district for the determination thereof, and may make such order as to the costs of the proceedings as he may deem just, and the provisions of subsections 2 and 3 of section 13 shall apply. (10) Where a claimant is held to be not entitled, or to be entitled to part only of his claim, the money retained pending the contestation, or the portion as to which the claimant shall have failed, shall be distributed among the creditors who would have been entitled thereto, as the same would have been distributed had the claim in respect thereof not been made. Directions by judge to avoid unneceaaary parties and triala 31. Where several creditors are interested in a contestation, either for or aganist the same, the judge shall give such directions for saving the expense of an unnecessary number of parties and trials, and of unnecessary proceedings, as he may deem just, and shall direct by whom and in what proportions any costs incurred in the contestation or in any proceedings thereunder shall be paid, and whether any and what costs shall be paid out of the money levied. Direction by judge to sheriff where claim is diaputed 33. The judge may direct the sheriff to levy for an amount sufficient to cover a claim which is in dispute or part thereof, or if it appears to the judge that it is improbable that the debtor has other sufficient property he may direct the sheriff to retain in his hands during the contestation the share which if the claim is sustained will be apportionable to it, or a part thereof. (2) An order to levy under this section shall confer on the sheriff the same authority as he would have under an execution. Decisions to be binding on all creditors 33. The decision of a judge of the Supreme or District Court or of the court en banc on an appeal shall bind the debtor and all his creditors, unless it appears that the decision was obtained by fraud or collusion. •Sheriff to 34. Where money comes into the hands of a sheriff he shall inTank '"°°°^' wheuevef the same amounts to $100 deposit it in some chartered bank designated for that purpose by order of the Lieutenant Governor in Council. 822 CHEDITOBS' RELIEF Cap. 4 1910 (2iid Sees.) (2) The deposit shall be made in a special accoiint in the name of the sheriff, as "Trustee for the creditors of ," (the debtor). 35. Where there are in the sheriff's hands several executions Attaching and certificates, and there does not appear to be suflBcientshe^o? property to pay all and his own fees, he may apply for an order ''"^'*°'' attaching any debt owing to the execution debtor by any person resident in the district of such sheriff, whether the debt is owing by such person alone or jointly with another person resident or not resident in such district, and to procure the order and to obtain and enforce payment of the debt the sheriff may take the same proceedings as a creditor; and in such case an execution may be directed to him in the same manner as if the attachment were by a creditor; and the proceeds of the debt attached shall be dealt with and distributed in the same manner as if he had reaUzed the same under execution. 36. If any party to a contestation or matter upon which -'^pp^*' a judge has rendered or made a final judgment or order is dissatisfied with such judgment or order, and the same is in respect to a question involving a sum greater than $200, he may appeal therefrom to the Supreme Court en banc, as nearly as may be according to the practice in force in respect of appeals from a District Court or a judge thereof. 37. For the purpose of giving effect to this Act and carrying Powers of out its provisions a judge shall have all the powers which a District ^""^^^ Court or a judge thereof has by law for other purposes; and any proceedings erroneously taken under this Act may be set aside by the judge with or without costs as he thinks fit. 38. Upon any proceeding before the judge the evidence may Evidence on be taken orally or by affidavit as the judge may direct. Kforeli^^ge 39. The following fees shall be payable to the clerk in law stamps upon all claims filed: On an. affidavit of claim where the amount claimed does not exceed $400 $ .80 On every such affidavit where the claim exceeds $400 1 . 50 On every certificate of the clerk given under section 9, where the claim does not exceed $400 80 On every such certificate where the claim exceeds $400 .... 1 . 50 • On every order made by the judge allowing or disallowing a claim, where the claim does not exceed $400 50 On every such order where the claim exceeds $400 1 . 00 There shall be paid to the sheriff on certificates placed in his hands imder this Act, the same fees as are payable on writs of execution. 40. Except where inconsistent with this Act, the provisions AppHoaUonot of The Judicature Ordinance and rules of court as to practice and i^t^^"^^ procedure shall apply to proceedings under this Act. otc^ ^ 41. The provisions of this Act shall not apply to the proceeds when Act is of any seizure allowed under section 4 of chapter 27 of The ^pp^ioa^ie Consolidated Ordinances. 823 1910 Cap. 4 CKEDITOHS' RELIEF (2iid Sees.) Repeal 43. Chapter 26 of The Consolidated Ordinances of 1898 and all amendments thereto are repealed. SCHEDULE. FORM 1. (Section 5, Stihsection 1.) Sheriff's Entry. I have On this day in my hands for distribution under The Creditors' Belief Act among the creditors of CD. the sum of $ and the distribution will be made among the creditors of the said CD. entitled to share therein at the expiration of one month from this day. Dated the. day of 19 F.G., Sheriff. FORM 2. {Section 7, Subsection 1.) Afftoavit of Claim. THE creditors' RELIEF ACT. In the District Court of the District of A.B., Claimant, and CD., Debtor. I, A.B., of ' in the Province of Alberta, merchant (or as the case may be) make oath and say: 1. I am the above named claimant, (or the duly authorized agent of the claimant in this behalf, and have a personal knowledge of the matter herein- after deposed to). 2. The above named debtor is justly and truly indebted to me (or to the above named claimant) in tjie sum of $ for (here slate shortly the nature and particulars of the claim). Sworn before me at I this day of > A.B. 19 I » A Commissioner, etc. (or as the case may be). FORM 3. (Section 7, Subsection 3). Notice to be Served with Claim. THE creditors' RELIEF ACT. In the District Court of the District of A.B., Claimant, and CD., Debtor. To the above (or within) .yarned debtor. Take notice that the claimant intends to file with the clerk of the District Court of the District of (or as the case may be) the original affidavit of claim of which a duplicate is served herewith, and that this proceeding is taken by reason of there being in the hands of the 824 creditors' relief Cap. 4 1910 (2nd Seas.) sheriff of the said district an execution against your property, and that the claimant intends to call on the sheriff to levy the amount of the said debt from your property imder the authority of The Creditors' Rdi^^ Act. And further take notice that if you desire to contest the said claim, or any part thereof, you must, within ten (1) days after the service of this notice upon you, file with the clerk of the said coiui; an affidavit stating that you have a good defence to the said claim on the merits, or that you have such defence to a specified part of the claim. If no such affidavit is filed the claim will be treated as admitted by you. If the affidavit is filed contesting the claim as to part only such claun may be so treated as to the part not contested. You are further hereby notified that unless you endorse upon such affidavit filed by you a statement of some place within three miles of the said clerk's office at which service may be made upon you, or the address of some solicitor in Alberta who may be served on your behalf, service may be made upon you of any notice, paper, or document, by mailing the same by registered post addressed to you at the town in which the said clerk's office is situate. Dated the day of 19 A.B., , Claimant. Note. — (1) If further time is given by a judge the notice should be varied accordingly. FORM 4. {Section 8, Subsection 5.) Affidavit op Service of Claim. THE creditors' RELIEF ACT. In the District Court of the District of A.B., Claimant, and CD., Debtor. I, G.H., of in the District of make oath and say: That I did on the day of 19 personally serve CD., the above named debtor (or as the case may be) with an original affidavit identical with the annexed affidavit and that there was at tha time of such service attached to (or endorsed upon) the said affidavit so served a true copy of the notice addressed to the debtor, now attached to (or, endorsed upon) the said annexed affidavit. Sworn before me at this day of G.H. 19 J A Commissioner, etc. (or as the case may be). FORM 5. (Section 9, Subsection 1, and Section 16.) Certificate op Proof op Claim. THE creditors' RELIEF ACT. In the Di^rict Court of the District of A.B., Claimant, and CD., Debtor. I, G.H., clerk of the District Court of the District of do hereby certify: 1. That the above named claimant did on the ^y of 19 , file with me a claim against the above nmned debtor, for the sum of $ , together with an aflidavit of personal service thereof (or as the case may rehire) and of the notice 825 1910 (2nd SeBs.) Cap. 4 CREDITORS RELIEF required by The Creditors' Relief Act, upon the said debtor, and that it thereby appears ti&at such service was made on the day of 19 2. And I further certify that the debtor has not contested the said claim (or has only contested the sum of $ part of the said claim (as the case may he) and that the claimant having abandoned such part is entitled to the residue of his claim being the sum of $ , and the further s,um of $ for costs). {Or when the claim is contested in whole or in part), 3. That the claim has been allowed by the judge at the sum of $ with $ for costo. G.H., Clerk. FORM 6. {Section 28.) Sheriff's Statement of Executions, Etc., in his Hands Against CD. Claims Date of Amount Date of Cause Proceeding without Costs receipt by levied or levy costs Sheriff received or receipt A.B. V. CD. Fi. Fa. goods and 18 Feb. $500 1 May, 19 lands «504 $30 19 3 May, 19 F.G. V. CD. Fi. Fa. $300 Nothing &E.G. goods and made lands $400 $20 1 Mch. 19 against E.G. K.L. V. CD. GarniRhee order $500 $30 $300 10 May, 19 M.N.V. CD. Creditor's • 15 May Certificate $400 $5 ■ 19 FORM 7. {Section 30, Subsection 8.) Notice of Contestation or Scheme of Distribution. the creditors' relief act. In the District Court of the District of A.B., Claimant, and CD., Debtor. To CD., debtor, and F.G. and M.N., claimants. Take notice that I contest the scheme of distribution prepared by the sheriff of the District of in respect of the claims of you the said F.G. and M.N., on the following ground {state distinctly the ground); and a copy of the judge's appointment to adjudicate upon the matter is served jjerewith. .Dated the day of. 19 Jr.y.; Contestant. 826 1910 (second session) CHAPTER 5. An Act respecting Charges upon Land contained in Certain Instruments. {Assented to December 5, 1910.) IJIS MAJESTY, by and with tHe advice and consent of the ■*^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. From and after the coming into force of this Act, every mortgage, charge or encumbrance upon land or upon any estate or interest therein contained in, endorsed upon or annexed to a writing, or instrument written or printed, or partly written and partly printed, or any part thereof, which said writing or instrument is required to be registered in order to preserve the rights of the seller or bailor of goods as against any purchaser or mortgagee of or from the buyer or bailee of such goods in good faith for valuable consideration, or against judgments under the Ordinance respecting Hire Receipts and Conditional Sales of Goods, or contained in, endorsed upon or annexed to a written order, contract or agreement for the pm-chase or delivery of any chattel or chattels shall be null and void to aU intents and purposes whatsoever, notwithstanding anything contaiaed in The Land Tides Act or in any other Act or Ordinance. 3. No such mortgage, charge or encumbrance, nor any caveat founded thereon, or upon any such writing or instrument, shall hereafter be registered or filed under The Land Titles Act, and in the event of any such writing ,or instrument by inadvertence, accident or otherwise, howsoever, being registered or filed in any land titles ofiice contrary to the provisions of this Act, such registration or fifing shall be ineffective and nugatory to all intents and purposes whatsoever, and may be cancelled by a judge of the Supreme Court upon the application of any person interested, which appfication may be made by way of originating summons. 1910 (second session) CHAPTER 6. An Act to amend The School Ordinance, The School Assessment Ordinance, and The School Grants Ordi- nance. {Consolidated in various Acts.) 827 1910 (second session) CHAPTER 7. An Act respecting the University of Alberta. {Assented to December 16, 1910.) OIS MAJESTY, by and with the advice and consent of the '■ ■*■ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The University Act." INTERPRETATION. 2. Where the words following occur in this Act, unless the contrary intention appears, they shall be construed as follows: 1. "The university" as meaning the University of Alberta; 2. "The board" as meaning the Governors of the University of Alberta; 3. "Appointed members" as meaning the members of the board appointed by the Lieutenant Governor in Council; 4. "Property" as including real property, and all other property of any nature and kind whatsoever; 5. "Real property" as including messuages, lands, tenements and hereditaments, whether corporeal or incorporeal, and any undivided share thereof, and any interest or interests therein; 6. "College" as including a school or other institution of learning; 7. "Teaching staff" as including professors, associate professors, lecturers, instructors, demonstrators, and all others engaged in the work of teaching or giving instruction; 8. "Now" as meaning when this Act comes into force; 9. "Head" when it refers to the head of an affiliated institution, as meaning the person who is or is certified by the governing body of such institution to be the head thereof; 10. "Senate" as meaning the Senate of the University of Alberta; 11. "Registrar" as meaning the Registrar of the University, or such other person as shall be designated by the board to act as the registrar of the university; 12. "Convocation" as meaning the Convocation of the Univer- sity as at present constituted together with all persons who may hereafter become graduates of the said university. Provincial 3. The Provincial University known as the University of rt^^roontSiued Alberta, the senate, convocation and the several faculties of the university are and each of them is hereby continued, and, subject to the provisions of this Act, shall respectively have, 828 Short title Interpretation University The board Appointed members Property Real property College Teaching BtaS Now Head Senate Registrar UNIVERSITY Cap. 7 1910 (2nd Sesa.) hold, possess and enjoy all the rights, powers and privileges which they respectively now have, hold, possess and enjoy. 4. AH appointments in and rules and regulations affecting Appointments, the university shall continue, subject to the provisions of thiSre^S^wM" Act, and subject also, as to the teaching staff, and all oJEcers, •=™*™"^'' servants and employees, to removal by the board at its discretion. (2) The Lieutenant Governor in Council may appoint a President of the University and may fix his remuneration and term of oflBce and may alter or vary the remuneration and abridge or extend the term of office of the president whether heretofore or hereafter appointed. 5. No religious test shall be required of any professor, lecturer. Religious teacher, officer or servant of the university, or of any student no\'r'equired thereof or therein, nor shall religious observances according to the form of any religious denomination or sect be imposed on them or any of them, but the board may make regulations touching the moral conduct of the students thereof and therein, and their j^^^.^ ^^^ attendance at public worship in their respective churches orreUgious other places of religious worship, and their religious instruction*''™™^ by their respective ministers according to their respective forms of reUgious faith, and every requisite facility shall be afforded for such purposes: Provided always that attendance on such forms of religious Proviso observance shall not be compulsory on any student attending the imiversity. (2) Nothing in this section contained shall interfere with the Rights of right of any affiliated institution or college to make such provision ^g^'^as in regard to rieligious instruction and religious worship for its *° religion own students as it may deem proper, and to require the same to be observed as a part of its own discipline. 6. All property now or hereafter vested in the university aji property and in the senate, convocation, or any faculty of the university, y,^^ ™ and the following real property purchased by the province for university purposes, namely: River lot number five in the Edmonton Settlement in the Province of Alberta, containing by admeasurement two hundred and fifty-eight (258) acres more or less, as well as any other property, real and personal, held or now owned by the province for the purposes of the university, is hereby, subject to any trust affecting the same, vested in the board, and all property, which heretofore has been or hereafter shall be granted, conveyed, devised or bequeathed to any person in trust for or for the benefit of the university, or any faculty or department thereof, or otherwise in connection therewith, subject always to the trusts affecting the same, shall be vested in the board: Provided, however, that none of the real property so vested or which shall hereaiter be vested in the board shall be sold or encumbered, nor shall the same be leased for a longer period than five yearsj except with the approval of the Lieutenant Governor in Council. 8. The real property vested in the board shall not be liable Lands vested to be entered on, used or taken by any municipal or other j|,t{-*|,^gto corporation, or by any person possessing the right of taking e==propriation 829 1910 (2nd Seas.) Cap. 7 ■UNIVERSITY lands compulsorily for any purposes whatsoever; and no power to expropriate real property hereafter conferred shall extend to such real property unless the Act conferring the power is made in express terms to apply to such real property. Ezemptiozi of property fr< from taxation 9. The property, real and personal, vested in the board shall not be liable to taxation for provincial, municipal or school purposes, but shall be exempt from every description of taxation: Provided, however, that the interest of every lessee or occupant of real property vested in the board, other than the interest of a lessee or occupant being a member of the teaching staff, or an oflBcer or servant of the university, or being an association of imdergraduates, or an incorporated society of undergraduates, or of graduates and undergraduates, or an affiliated college leasing or occupying property upon the premises in section 6 hereof mentioned, shall be liable to taxation. Endowment of 10. Any persou with the approval of the board may imder MhJilrships and subject to such terms and conditions as it may prescribe endow a chair or found a scholarship in the university, or aid the university by providing an endowment for any other purpose or object in connection therewith. BOARD OF GOVERNORS." Board or governors 11. There shall be and is hereby constituted a board of governors of the University. Incorporation of board 13. The board shall be a body corporate by the name and style of "The Governors of the University of Alberta," and shall have all the rights, powers and privileges mentioned in subsection 38 of section 7 of The Interpretation Ad, and also the power to take and hold real property for the purposes of the university. Composition of board 13. The board shall consist of the chancellor and the president of the university, who Shall be ex officio members thereof, and nine persons appointed by the Lieutenant Governor in Council. Disqualifi- cations Chairman Appointment of vice-" cbairmau 14. No person shall be eligible for appointment as a member of the board unless he is a British subject and a resident in the province. 15. The members of the board shall annually at their first meeting select a chairman, who shall be one of the appointed members, and he shall hold office until his successor is selected. 1910 (2nd Session), c. 2, s. 24. 16. The board may appoint one of its members to be vice- chairman, and in the absence or illness of the chairman, or of there being a vacancy in the office of chairman, the vice- chairman shall act for and have all the powers of the chairman. (2) In the absence or illness of the chairman and the vice- chairman, the board may appoint one of its members to act as chairman for the tune being, and the member so appointed shall act for and have all the powers of the chairman. 830 UNIVERSITY Cap» 7 1910 (2nd Sess.) (3) All acts which lawfully might have been done by the chairman, when done by the vice-chairman or by a chairman appointed for the time being shall be conclusively deemed to have been lawfully done, and it shall not be necessary to prove ' that any of the causes mentioned in subsection 1 for the vice- chairman acting or that any of the causes mentioned in subsection 2 for the appointment of a chairman for the time being in fact existed. 17. Unless and until otherwise provided by the board four Quorum members thereof shall be necessary to constitute a quorum. 18. Notwithstanding any vacancy in the board,- as long as six members there are at least six members thereof it ^all be competent for^^wer^^^^ the board to exercise all or any of its powers. 19. The appointed members of the board, except as provided Term of in sections 20 and 25 of this Act, shall hold ofl&ce for six years. "^"^ 30. Of the first appointed members of the board, three shall Term of be appointed to hold oflBce for two years, three for four years, members '' and the remaining three for six years, and all of them imtil their successors are appointed. 21. The appointed members of the board shall be eligible Members may £ . , 1 be re-appointed for re-appomtment. 33. The appointed members of the board, and any or either Removal of them may be removed from office by the Lieutenant Governor*™™ °*°* in Council. 33. The head of an afiiliated institution or college, a member Heads of of the regular and permanent teaching staff of the university f^J-j^na^ or of an afiiliated institution or college shall not be eligible to «*"■• '°eUgibie be appointed as a member of the board. 34. If a member of the board,, after his appointment, accepts vacation of or occupies any of the offices or positions in the last preceding section mentioned, or goes to reside out of the province, or becomes insane, or otherwise iacapable of acting as a member of the board, he shall i-pso fado vacate his office, and a declaration of the exis- tence of such vacancy entered upon the minutes of*the board shall be conclusive evidence thereof. 35. In the case of a vacancy in the board caused by resignation pmi^g or otherwise which shall happen before the term of office for vacancies which a "member has been appointed has expired, the vacancy shall be filled by the appointment by the Lieutenant Governor in Council of a successor to the member who has died, or resigned, or otherwise ceased to be a member, who shall hold office for the remainder of the latter's term of office. i 36. Except as herein otherwise provided, the government. Government, conduct, management, and control of the university and of^^e"^^ the property, revenues, business and affairs thereof shall be vested vested in'' in the board. ''°"'*- 37. All the powers over, in respect of or in relation to the Residuary ' university which are not by the terms of this Act directed to befnWd^*"* 831 1910 (2nd Sesi ■ Powers of board Conduct of proceedings Cap, 7 UNIVERSITY Proviso Proviso Proviso Superannuation and retirement Investments Acquiring and holding real property exercised by any other person or body of persons are hereby, subject to the provisions of this Act, vested in the board. 38. Without thereby limiting the general powers by this Act conferred upon or vested in the board, it is hereby declared that the board shall have the following powers: 1. To make rules and regulations pertaining to the meetings of the board and its transactions, for fixing the quorum of the board, and for the appointment of such committees as it may deem necessary, and for conferring on any of such committees power and authority to act for the board in relation to such matters as the board may deem it expedient to delegate to a committee with power to act for the board. 2. To appoint deans of all the faculties, the librarian, the bursar, the registrar, the professors, teachers and instructors of and in the university, or any of such officers as the board may deem necessary for the proper conduct of the business of the university, together with all such other officers, clerks, employees and servants the board shall so deem necessary, and, subject as hereinafter mentioned to fix. the salaries or remuneration of such officers, and to define their duties and their tenure of office or employment, which, unless otherwise provided, shall be during the pleasure of the board: Provided always that no person shall be appointed as a dean of any faculty, or as a member of the teaching staff of the university, or of any faculty thereof, unless he shall have first been nominated for the position to which it is proposed to appoint him by the President of the University: And provided also that no dean of a faculty or member of the teaching staff of the university or of any faculty thereof shall be promoted or removed from office except upon the recommendation of the President of the University, but this proviso shall not apply where there is a vacancy in the office of president: And provided further that the approval of the Lieutenant Governor in Council shall be obtained by the board to the fixing of any salary ia excess of three thousand dollars per annum, or to the appointment by the board of any officer, servant or member of the teaching staff for a longer period than five years. 3. With the consent and approval of the Lieutenant Governor in Council to make regulations respecting, and to provide for. the retirement and superannuation of any persons mentioned in the last preceding subsection, or the payment of a gratuity to any of them upon retirement, and to provide that any super- annuation or retirement allowance or gratuity shall be paid out of a fund which may be created for that purpose either with the moneys of the board or by contributions from the persons aforesaid, or partly by both. 4. Subjecii to the limitations imposed by any trust as to the same, to. invest all moneys as shall come to the hands of the board and shall not be required to be expended for any purpose to which it lawfully may be applied in such manner as to the board may seem meet. 5. To purchase and take and hold by gift or devise real property for the purposes of the university, and every person shall have the unrestricted right to devise and bequeath property real 832 UNIVERSITY Cap. 7 1910 (2ik1 Seas.) and personal for the purposes of the university to the board or otherwise for such purposes. 6. To purchase and acquire all such property as the board ^^''^^'^^j^, may deem necessary for the purposes of the imiversity, including university the power of purchasing the interest of any lessee of any real property vested in the board which is under lease. 7. (a) Without the consent of the owner thereof or any person Expropriation interested therein to enter upon, take, use and appropriate all" ^" such real property as the board may deem, necessary for the purposes of the university, making due compensation therefor to the owners and occupiers thereof and all persons interested therein. (6) In the event of no mutual agreement as to the amount if no of compensation being arrived at, within the period of sixty aSouffTof' days from the date of the entry upon such property pursuant """gp^*^'™ to the powers herein contained, then the amoimt of compensation by arbitration shall be fixed and determined by two arbitrators, one to be appointed by the board and the other by the party or parties owning the land or the interest therein so appropriated. (c) The two arbitrators so appointed shall have the power ^^itration to appoint an umpire, and the provisions of The Arbitration Act shall apply to and govern the arbitration. 8. To acquire, hold, maintain, and keep in proper order andA^i^^a""* condition such real property as the board may deem necessary property for for the use of the students of the university for athletic purposes, pSpMcs and to erect and maintain such buildings and structures thereon as it may deem necessary. 9. To provide such means for the physical examination, f^y^"*! mstruction and training of the students of the university as to the board may seem meet. 10. With the approval of the Lieutenant Governor in Council pu™« J"^ to sell or mortgage any real property vested in the board, subject ^*°'"^ to the terms of any trust upon which such property is held, and, subject as aforesaid, to lease the same for any period, with such right of renewal, and under and subject to such rents, covenants, agreements and conditions as to the board may seem meet: Provided, howeverj that the approval of the Lieutenant Governor in Council shall not be necessary in the case of any lease for a period of five years or less, 11. To lay out and expend such sums as the board may deem M^ntenance necessary for the support and maintenance of the university, ment™?"^^ and for the betterment of existing buildings, and the erection ''""'^^^°*' of such new buildings as the board may deem necessary for the purposes of the university, and for the furnishing and equipment of such existing and newly erected buildings. 12. To lay out and expend such sums as the board mayResidencea deem necessary for the erection, equipment, furnishing andi''™'* maintenance of residences and dining halls for the use of the students of the university whether such students be graduates or undergraduates, and to make such regulations as may to the board seem meet for the management, government and control of such residences and dining halls. 13. To fix and determine the fees to be paid by imdergraduates Fees and graduates of the university for instruction therein or in the faculties thereof, including library fees, laboratory fees, gymnasium fees, fees for physical instruction and examination, and fees for examinations, degrees and certificates, and when 833 1910 (3nd Sess.) Oap. 7 UNIVEESITY Arrangements with secondary and primary schools an affiliated institution or college, by arrangement with the senate, teaches any part of the course covered by the university calendar, to make such a ' reduction in the fees payable by the student so tau^t in such institution or college' as may to the board seem reasonable. 14. To enter into such arrangements with the governing body of any secondary or primary school as the board may dpem necessary for the purposes of or in connection with the academic work of the university or of any faculty or department thereof, and the governing body of any such secondary or primary school shall have authority with the approval of the Lieutenant Governor in Coimcil to make such arrangements with the board. 15. To establish such faculties, departments, chairs or courses of instruction as the board shall determine: Provided, however, that no new faculty shall be established in the imiversity, nor shall any new department or chair or course of LQstruction be provided for therein by the board without the approval first obtained of the senate, but ia the event of the senate refusing to approve of a reconmiendation of the board providing for the establishment of any new faculty, department, chair, or course of instruction, the board may by resolution refer the question of the establishment of such new faculty, department, chair or course of instruction to the Lieutenant Governor in Coimcil for his decision, and the decision of the Lieutenant Governor in Covmcil thereon shall be final. b?yonf*'"^ 39- The board shall not incur any liability or make any annual income expenditure foF the purchase of land or the erection of buildings, or for any other purpose, unless the same can be met and shall be provided for out of the annual income of the year, or shall be sanctioned by the Lieutenant Governor in Council. Action of board by resolution 30. Save as in this Act otherwise expressly provided, the action of the board in any matter with which it may deal shall be by resolution or by regulation as the board may determine, but it shall not be essential to the validity of any resolution or regulation that it shall be under the corporate seal of the board if it be authenticated in the manner prescribed by the board. Audit of accounts of board Annual report to gOTemment, When report to be transmitted 31. The accounts of the board shall be audited at least once a year by the Provincial Auditor, or by some person appointed by the Lieutenant Governor in Council for that purpose. (2) The board shall make an annual report of its transactions to the Lieutenant Governor in Council, in which shall be set forth in detail the receipts and expenses for the year ending on the next preceding thirty-first day of December, and of the investments as they stood at the end of such year, and such other particulars as the Lieutenant Governor in Council may from time to time require. 1914, c. 2, s. 16. (3) Such report shall be transmitted to the Minister of Education on or before the first day of February next after the close of the year for which it is made, and shall be laid before the Legislative Assembly within the first ten days of its next session. 1914, c. 2, s. 16. 834 UNIVERSITY Cap. 7 1910 (2nd Sees.) 38. No action shall be brought against the board or against ^°^^*^''' any member thereof on accovmt of anything done or omitted General to by 'him in the execution of his office without the written consent a|St the of the Attorney General for Alberta. '"'"'i 33. If any question shall arise as to the powers and duties ^^°g^°' of the Senate of the University, of the president, or of any dean, to be settled or of any other officer or servant of the university, or of any ^ °" council or faculty thereof, not definitdy provided for in this Act, the same shall be settled and determined by the board, whose decision shall be final. THE SENATE. 34. The Senate of the University shall be composed as follows :^^*^j^p^^^ 1. The Chancellor of the University, the Chairman of the Board, the President of the University, the President or other head of every affiliated college other than preparatory schools, the deans of tiie faculties of the university, all persons who at any time have occupied the office of Chancellor or Vice-Chancellor of the University, the Principal of the Provincial Normal School, or the senior principal should there be more than one Provincial Normal School, and the Superintendent of Education for the province, or, until such an officer is appointed, the Deputy Minister of Education of the province, shall be ex officio members. 2. The faculties shall be represented.by the deans of the faculties Faculty respectively and one member to be chosen by the faculty coimcils''^'''™™*''*'™ respectively from amongst themselves; but when any faculty council has a membership greater than ten such faculty shall be entitled to one additional representative for each additional ten thereof or part of ten greater than five, to be chosen by the members of the coimcil of such faculty from amongst themselves. 3. One member appointed by the governing body of every i^presentatimi society or association incorporated by the Legislature of the assooiaSM* province whose examinations for status Ijierein are, whether by arrangement or by virtue of statutory provision, conducted by the university. , 4. Ten members elected by convocation in the manner here- i^presentation inafter mentioned. ' ° ^ 35. Members of the regular and permanent 'teaching staff Members ot of the university or of affiliated institutions or colleges shall ^al^Mt not be eligible for election by convocation. *° ^« elected 36. No person shall be eligible for election as chancellor of^^'iuaufi- for election or appointment as a member of the senate Unless"**'"™ he is a British subject and a resident of the province, but this shall not apply to the representatives of the faculties on the senate. 37. Of the members of the senate first elected by convocation Tenure of the five who receive the highest number of votes shall hold office "Site"* for four years, and the five who receive the next highest number of votes shall hold office for two years next following their election, and the appointed members of the senate shall hold office for four years next following their appointment, and hi each case until their respective successors are elected or appointed. 835 1910 (2nd Sess.) Vacancies in senate Filling vacancies in senate Cap, 7 UNIVERSITY 38. If an elected or appointed member of the senate resigns, goes to reside out of the province, becomes insane, or incapable of acting, or becomes a member of the teaching staff of any affiliated institution or college not being the body which he has been appointed to represent, his seat shall ipso facto become vacant, and a declaration of the existence of any vacancy entered upon the minutes of the seujate shall be conclusive evidence thereof. 39. If any vacancy shall occur from any cause the same shall be filled in the case of an appointed member by the body possessing the power of appointment; and in the case of an elected member by the senate, and the person appointed or elected to fill such vacancy shall hold office for the remainder of the term of office of the member whose seat has become vacant. Disputes as to any election or right to sit 40. If any question shall arise touching the election of the chancellor or of any elected member of the senate, or the right of any person to be or sit or act as chancellor or as a member of the senate, the same shall not be raised or determined in or by any action or proceeding in any court, but shall be determined by the senate, whose decision shall be final. Powers and duties of Senate Regulate proceedings Exhibitions, etc. Cancelling and suspending 8 Edward VII, 0. 2 Scrutineers at elections 41. The senate shall have the following powers and perform the following duties, namely: 1. To provide for the regulation and conduct of its proceedings, including the determination of the quorum necessary for the transaction of business; 2. To provide for the granting of and to grant degrees, including hond,iiIrary degrees and certificates of proficiency; 3. To provide for the estabUshment of exhibitions, scholar- ships and prizes; 4. To provide for the cancellation, recall and suspension of a degree whether heretofore or hereafter granted or conferred on any graduate of the university or graduate ad eund&m statum of the university who has heretofore been or shall hereafter be convicted either in the province or elsewhere of an offence which if committed in Canada would be an indictable offence, or who has been or shall be hereafter guilty of any infamous or disgraceful conduct or of conduct unbecoming a graduate of the university; for erasing the name of such graduate from the roll or register of graduates, and for requiring the surrender for cancellation of the diploma, certificate or other instnunent evidencing the right of such graduate to the degree of which he shall have been deprived under the authority of any regulation, provided such diploma, certificate or other instrument has been issued by or under the authority of the university, or of the Senate of the University; and for providing the mode of inquiring into and determing as to the guilt of such graduate, and the procedure generally in respect of any of the said matters; and for the purpose of making such inquiry the senate and the committees thereof shall have all the powers which are by the Act respecting Inquiries Concerning Public Matters conferred upon commissioners under the provisions of sucti Act; 5. To appoint scrutineers for the counting of votes for the election of chancellor and for the elected members of the senate; 836 esanunerB and examinations UNIVERSITY Cap. 7 1910 (2nd Bras.) 6. To consider and to determine on the report of the respective J;°^®Jj faculty councils as to the course of study in all the faculties; faculty 7. To consider and determine as to all courses of study to °^™° which the last preceding section does not apply; study ^ " 8. To consider and to determine on the report of the respective Examiners faculty councils as to the appointment of examiners, and the 1^^^^^^;^^^ conduct and the results of the examinations in all the faculties; 9. To provide for the appointment of a University Board of^^^^*^ Examiners and for the conduct of all university examinations and other than examinations held in the faculties of the university '"' separately, and for the determining of the results of such examinations; 10. To hear and determine appeals from decisions of the faculty ^ppf^^^ '™'° councils upon appUcations by memorials by students and others; councils 11. To consider all such matters as shall be reported to it by Reports from the council of any faculty, and to communicate its opinion orooSocL action thereon to the said. faculty council; 12. To provide for the preparation and publication of the '^*'®"'^*" university calendars and for the calendars of such aflBliated institutions or colleges as desire their calenders to be inserted in the university calendar; 13. To determine the date for the beginning and ending of lectures in- the university and also the beginning and ending of each university term; 14. To make rules and regulations for the management andi^j^rajyaid conduct, of the library and to prescribe the duties of the librarian; 15. Subject as herein otherwise provided, to establish such^^awish faculties, departments, chairs and courses of instruction in the departments, university, in any subject as to the senate may seem meet; ^'°' 16. To provide for the affiliation with the university of any Affiliation of institution or college estabhshed in the province for the promotion °° ^^ of any useful branch or branches of knowledge and to fix the terms of such affiliation which terms may include the right of such institution or college to present students for the examination leading to degrees in the university, and on the passing of such examinations, as the university may require, by students so presented, they shall be entitled to receive degrees from the university; 1913 (1st Session), c. 9, s. 29. 17. To provide for the dissolution of any such affiliation oroiss^ution for the modification or altering of the terms thereof; 18. To make provision for enabling the students of the^t°S^**™°* university and of the affiliated institutions and colleges to appoint a representative committee of themselves, to be chosen in such manner as shall be approved by the senate, and which shall be the recognized official medium of communication on behalf of such students between them and the senate, and which shall have the right to make communications through the president of the university to the senate upon any subject in which they are or may deem themselves to be interested; and to give to such committee such powers of government with respect to the conduct of the students it represents as to the senate shall seem meet, but always subject to the control of the board, senate, president, and deans of faculties as in this Act set out: Provided always that nothing herein contained shall take away or impair the right of any student of or in the university to make complaint to the governing bodies thereof in respect 837 1910 (2nd SesH.) Proviso Disciplinary powers Cap. 7 TJNIVEESITT Election of vice-chancellor Power to make arrangements with Law Society, etc., for conduct of examinations Extension courses to any matter as to which he is or may deem himself to be entitled to complain, but every such complaint shall be transmitted through the president to the proper governing body and in no other manner whatsoever: And provided further that nothing in this section contained shall be construed or is intended to or shall impair or affect the right of control which any affiliated institution or college possesses over its students; 19. To exercise disciplinary jurisdiction with respect to the students in attendance at the university, or to delegate its authority in any particular case or by any general regulation to any person or body of persons or coimcil or other governing body of the institution or college or faculty to which the student belongs; and discipUnary jurisdiction shall include the power to impose fines; 20. To elect a vice-chancellor of the university from among themselves in such manner as the senate shall determine; 21. The senate shall have power to arrange with the Law Society of Alberta, the College of Physicians and Surgeons of the Province of Alberta, the Alberta Dental Association, the Alberta Association of Architects, the Veterinary Association of Alberta, and any other incorporated society or association heretofore or hereafter estabUshed in the province with power to prescribe examinations for candidates and others applying for registration upon the roll of or admission to such societies or associations respectively, for conducting such examinations and appointing examiaers therefor and for reporting the results - thereof to the governing body of such societies and associations respectively; and such societies and associations or any of them shall have power to enter into any such arrangements. 22. The senate shall have power to authorize and conduct courses of instruction in any of the branches of learning taught in the university or such other branches of learning as may be deemed advisable by the senate in any place or places within the province. No new faculties, etc., to be established without approval of board 43. No new faculties shall be established in the imiversity, nor shall any new department or chair or course of instruction be provided for therein by the senate without the approval first obtained of the board, but in the event of the board refusing to approve of a recommendation of the senate providing for the establishment of any new faculty, department, chair or course of instruction, the senate may by resolution refer the question of the establishment of such new faculty, department, chair or course of instruction to the Lieutenant Governor in Council for his decision, and the decision of the Lieutenant Governor in Council thereon shall be final. 43. A certified copy of every rule, regulation, resolution, or other enactment of the senate providing for any of the matters or things mentioned in section 41 and therein niunbered 3, 12, 16, 17, 21 and 22, shall within ten days after the passing thereof be transmitted to the board, and no such rule, regulation, resolution or enactment shall have force or effect until it has been approved by the board. 838 TJNivEKSiTY Cap. 7 1910 (2nd SesB.) CONVOCATION. 44. Convocation shall consist of all the graduates of theg™™^^™^^ university and of all persons who have been registereid hereto- fore as members of convocation. Convocation shall have power — 1. To make regulations for governing its proceedings andSi°^**'°°" the mode of conductiag the same, and keeping records tnereof;'?""*^''''^ 2. To appoint a clerk of convocation, and to prescribe hisAiyobtment duties; of olerk 3. To cbnsider all questions affecting the well-being of the Represen- university and to make representations thereon to the board toaS^and and to the senate. ^°»*« 45. In the absence of the chancellor, the vice-chancellor shall vic^ohanoeUor preside at meetings of convocation, and in the absence of bothabreiSeof™ the chancellor and vice-chancellor, convocation shall have power "''^''^uor to elect a presiding officer for any meeting thereof. 46. Convocation shall meet yearly at the time fixed by ^^^^^^^i°l senate for the granting of degrees, and at such other times as the °°''™°* '°° senate may deem necessary; and it shall be the duty of the board to provide a suitable place for its meetings. 47. If at least fifteen members of convocation by writing CaUing of under their hands setting forth the objects thereof, require themleSigs chancellor to convene a special meeting of convocation, it shall be the duty of the chancellor to call the same without vmnecessary delay. 48. No matter shall be considered at any such meeting except spedai that for the consideration of which the same shall have been called. bTooafned to ' object 49. Notice of all meetings shall be given in such manner as Notice of may be prescribed by convocation by regulation in that behalf, "'^^'"^ and, in the absence of such regulation, as may be directed by convocation. 50. A true copy of the minutes of the proceedings of every j^'^^^*" meeting of convocation shall be transmitted without necessary delay to the board and to the senate. 51. All questions shall be decided by the vote of the majority Majority vote of the members present. '° ^^^^ 53. The chairman or presiding officer shaU be entitled to vote Chairman as a member of convocation, and any question upon which there Stmbe* ° °^ is an equality of votes shall be taken to be negatived. 53. No question shall be decided at any meeting unless at Quorum least fifteen members are present. CHANCELLOR. 54. There shall be a chancellor of the university who shall ctanoeuor be elected by the graduates thereof at the time and in the manner hereiaafter mentioned. . 839 1910 (2nd Seas.) Cap. 7 TJNIVEKSITY 55. The chancellor shall be the chairman of convocation. Chancellor to be chairman of convocation vicMhanceUor gg^ Jq ^j^g absencB Or illness of the chancellor the vice-chancellor chairman in shall be chairman of convocation. absence of chancellor By whom 57. All degrees shall be conferred by the chancellor or in to^roonTerred case of Ms absence or iUness, or of there being a yacancy in the office of chancellor, by the vice-chancellor, or, in the case of the absence of both of them or of both offices being vacant, by the president of the imiversity, or, in the absence or iUness of any of these parties or of their respective offices being vacant, by some member of the faculty of the university to be appointed for the purpose by the senate. Term of office of chancellor 58. The chancellor shall hold office for four years and imtil his successor is chosen. Tera^of office 59. The vice-chanccllor shall hold office for four years, and chancellor Until Ms SUCCCSSOr is choSCU. Ifficl^of'"' 60. If the chancellor or vice-chancellor dies, goes to reside ^o^'e^ch'noeTo'i °^* °^ ^^^ proviucc, Or bccomes insane or otherwise incapable vioe-c anoe or ^^ acting, he shall ipso facto vacate his office, and a declaration of the 'existence of such vacancy by the senate entered upon its minutes shall be conclusive evidence thereof. Filling vacancies 61. In the case of a vacancy in the office of chancellor, caused by death, resignation or otherwise, before the term of office for which the chancellor was elected has expired, the vice-chancellor shall ipso facto become and be the chancellor of the university for the remainder of the period for which the chancellor was elected, and in such case the senate shall appoint one of its members • to the office of vice-chancellor so left vacant at a special meeting thereof called for the purpose, of which, at least thirty days' notice shall be given; and the person so appointed to the office of vice-chancellor shall hold office for the remainder of the term ■ for which the vice-chancellor shall have been elected. FACULTY COUNCILS. Faculty councils Composition of faculty councils Powers and duties of councils Regulating procedure Courses of study 63. There shall be a faculty council for each faculty in the university. 63. Each faculty council shall consist of the President of the University, the dean of the faculty, the professors and associate professors and such other members of the teaching staff of the faculty as the board shall determine. 64. The powers and duties of the faculty councils shall be — 1. To fix the tunes and places of the meetings of the councils respectively and to make rules and regulations for governing their proceedings respectively, including the- determination of the quorum necessary for the transaction of business; 2. Subject to the approval of the senate, to fix and determine the course of study in arts and science and in any other branch of learning for instruction in which a faculty is established; 840 UNIVERSITY Cap. 7 , 1910 (2nd Sess.) 3. Subject to the approval of and confirmation by the senate, Examiners and , « , .^*^ . , - ^ ^ , , , ' examinations to appoint the examiners for and to conduct the examinations in their respective faculties, and to determine the results of such examinations; 4. To deal with, and, subject to an appeal to the senate, to ^p^l^^j^o^^^ig decide upon all applications and memorials by students and by students others in connection with the said faculties respectively; 5. To consider and to report to the senate upon such matters ^jp"* *° affecting the said faculties respectively as to the council may seem meet; 6. To fix and determine the time-tables for the lectures and Time-tabies other instruction in the faculties respectively. etc. "" "'^™' 65. The faculty councils shall also have power to authorize i^^JJring'"^ such lecturing and teaching in the university under the auspices and teaching of any of the faculties respectively, by others than duly appointed members of the teaching staff thereof, and to prevent all lecturing and teaching not so authorized. THE IBESIDENT. 66. There shall be a president of the university, who shall President of be the chief executive officer thereof, and shall have the general iMveraity supervision over, and direction of the academic work of the university, and of the teaching staff thereof, including the deans of all faculties, and of the officers and servants employed in or in connection with such work, including the registrar and librarian of the university, and shall also have such other powers and perform such other duties as from time to time may be conferred upon or assigned to him by the board. (2) He shall be a member of all faculty councils, and shall be Be a member ex officio chairman of the same. °* *" '*'"^*'^= (3) He shall have power to suspend any member of the^^p^"^"^ teaching staff of the university and any officer and servant staff mentioned in subsection 1, and when he shall exercise such powers he shall forthwith report his action to the board, with a statement of his reasons therefor. ■ (4) He shall make recommendations to the board ^s to allReoommen- appointments to and all promotions in and removals from the boardls* to teaching staff of the university, and of the officers and servants ^pp™"^*™™*^' mentioned in subsection 1. "■ . (5) He shall have the right to summon meetings of any faculty ^''™?'°°™f coimcil whenever he may deem it necessary to do so, and toSouity^'" take the chair at any meeting thereof at which he may be present. """"""^ (6) He may also at his discretion convene joint meetings Convening of all the faculty cou'ncils, or of any two or more of them. ifSoiSSs"^ (7) He shall report annually to the board and the senate Reports to upon the progress and efficiency of the academic work of the g "na^*'"' university, and as to the progress and requirements, and make such recommendations thereon as he may deem necessary; and he shall also report upon any matter which may be referred to him by the board or by the senate. (8) The enumeration of the express powers herein mentioned Mention of shall not be taken to limit the general powers conferred bv®'^'^'^""™' subsection 1. gene^l'^owers 841 1910 (2nd Sess.) President may appoint a substitute in case of absence or illness Powers of acting president Cap. 7 UNIVERSITY 67. In the case of the absence or illness of the president he may appoint a member of any faculty coimcil to act in his stead; and if there is a vacancy in the office of president, or if no appoint- ment is made, the board may appoint a member of any faculty coimcil to act for the time being; and failing an appointment and imtil it is made, the Dean of the Faculty of Arts and Sciences shall act as president for the time being. 68. The person acting pursuant to any such appointment as is mentioned in the last preceding paragraph shall have and may exercise all the povers, and shall perform all the duties of the president, other than those as to appointments, promotions and removals, unless he shall be requested by the board to exercise the last mentioned powers. DEANS OF FACULTIES. Deans of faculties Dean shall keep faculty records Absence or vacancy in the office of dean 69. When the board shall consider that occasion has arisen for the appointment of a dean of each or any of the faculties of the university, the board shall appoint such officer, and he shall be the chief executive officer of the faculty of which he is appointed dean, and shall, subject to the control of the president as hereinbefore provided, have general supervision over and direction of the academic work and the teaching staff thereof, and of the officers and servants employed in or in connection with such work, and shall also have such other powers and perform such other duties as from time to time may be assigned to him by the board. (2) The dean of the faculty when so appointed shall keep the minutes of the faculty council, and shall summon all meetu^s of the same, and he shall keep the records of the faculty of which he is appointed dean. (3) In case of the absence or illness of the dean of any faculty, the president may appoint a member of the teaching staff of such faculty, to act for the dean, and failing an appointment or until it is made by him, or, if there be a vacancy in the office of dean of any faculty, the senior member of the teaching staff thereof shall act as the dean for the time being. Registrar of University First election of chancellor and members of senate BEGISTEAE. 70. There shall be a registrar for the university who shall be appointed by the board, and who shall have such powers and perform such duties as from time to time may be assigned to him by the board, or by the president, as hereinbefore provided. ELECTIONS. 71. The first election under this Act of the chancellor and of the elective members of the senate shall take place and be held at a date to be fixed by the board not later than three months after the passing of this Act, and any subsequent elections under this Act shall be held at a date to be fixed by the board, which date shall not be later than three months after the expiration of the term of office of the person or persons previously elected and all persons so elected shall take office forthwith after their 842 UNIVERSITY Cap. 7 1910 (2nd SeB9.) election, and until their successors fihall have been elected the said elective members of the senate shall continue to hold office. (2) The date fixed by the board for the holding of the first ^{"Sin" or any election under this Act shall be pubUshed in The Alberta ^^^ Gazette as soon as it conveniently may be published after it is fixed. 73. Any three members of convocation may nominate a candidate '^™"m''™ °l for the office of chancellor or for the office of member of the members of" senate, and the nomination paper or papers shall be sent to the"®"**® registrar at least one month before the date fixed for the election, 73. In the event of only one candidate being nominated for when only chancellor, or only so many candidates being nominated forS^ei^ the senate as are required to be elected, such candidate or°°°™***^ candidates shall be deemed to have been elected, and ia such case no voting papers shall be required to be sent out. 74. In case a poll is necessary, the registrar shall send to each votmg papers member of convocation where has residence is known, a Hst ofJegfera?*'"'' the candidates duly nominated, arranged in alphabetical order, accompanied by one copy of the form of voting paper in the schedule to this Act, and such Ust and form shall be sent in such maimer and at such time before the date of such election as may be directed by the board. 75. The votes at any election by convocation shall be given Manner of for the chancellor and for the members of the senate respectively*'*"*'™ by voting papers in the form in the schedule to this Act, or to the like effect, being delivered to the registrar of the university at such time and place as may be prescribed by the board. 76. Any voting papers received by post on or prior to the date Voting papers of such election shall be deemed to be delivered for the purpose '"'^*** of such election. 77. Two persons to be appointed by the senate for that purpose Scrutineers shall be the scrutineers, -but if the senate does not at least two weeks previous to the time fixed for the coimting of the votes appoint the scrutineers it shall be the duty of the president to Eoake such appointment. 78. The voting papers shall upon the day following the date openmg and of election, at an hour to be fixed by the board, or, if no hour""™*™^ is so fixed,then at 10 o'clock in the forenoon of the said day, be opened by the registrar of the university in the presence of such members of convocation as may desire to be present, and the registrar shall examine and courft the votes and keep a record thereof in a proper book to be provided by the board. voter 79. If more than one name appears upon a voting paper for-ri, chancellor the vote shall be invahd and shall not be coimted, giv ™more and if more names than the number to be elected appear on theJ^Med'to voting paper for members of the senate the votes shall be counted as votes for the persons whose names appear thereon in consecutive order begmning with the first until the reqmred number is reached, 843 1910 (2nd Seas.) Cap. 7 UNIVERSITY and all other votes thereon shall be invalid and shall not be counted, but a voter shall be at liberty to vote for any number of candidates not exceeding the number to be elected. Declaration of result 80. Upon the completion of the counting of the votes, the registrar and the scrutineers shall declare the result of the election setting forth the number of votes cast for each person who has been nominated, and shall without delay report the same in writing under their hands to the board and senate. h™l*?a*sting ^^- ^^ ^^^^ °^ ^^ cquality of votes given for two or more vote persons for chancellor or for a member or members of the senate which leaves the election undecided the senate shall at its next meeting give the casting vote or votes necessary to decide it. If election not held as provided 83. The board shall have power to make any necessary regulations, not inconsistent with this Act, for the conduct of any election to be held under this Act. (2) If from any cause any election provided for by this Act shall not be held as hereinbefore provided, the board shall make provision for holding the same and fix the dates for the nominations and other proceedings for taking, counting and recording the votes thereat, and declaring the result thereof, and such proceed- ings shall as far as may be practicable be made conformable with those provided by this Act. GRANT OF PORTION OF SUCCESSION DUTIES. Grant of portion of succession duties Time of payment 83. In addition to such sums as may be appropriated by the Legislature for the purposes of the university, there shall be paid annually to the board a sum equal to fifty per centum of the net receipts of the province for the* current year under The Succession Duty Ordinance, or any Act passed in substitution therefor or amendment thereof. (2) Such percentage shall be paid to the board at such time, either during the current year or early in the following year, as the Lieutenant Governor in Council shall decide. VISITOR. Govrano? to be ^** "^^^ Lieutenant Governor of the province shall be the visitor Visitor of the University, with authority to do all those acts which pertain to visitors as to him shall seem meet. BORROWING POWERS. Borrowing powers to meet current expenses 85. The board may borrow from any person, bank or corporation such sum of money as may be required to meet the expenses of the university, until such time as the revenues for the current year are available, and such loans shall be repaid out of and shall be a first charge upon such revenues, and may be secured by the promissory note or notes of the chairman and registrar given on behalf of the board, or in such other manner as the board may arrange. 844 TJNiVERSiTY Cap. 7 1910 (2nd Sesa.) 86. In the event of it being necessary for the board to secure Board may a loan for the ptirpose of purchasing or otherwise acquiring anydSnlmra, eto. real property fbr the uses of the university, or for the purpose ^'^j*^^^ of erecting, repairing, adding to, furnishing or equipping any governor in buildings thereof, the board may, with the approval of the °™° Lieutenant Governor in Council, issue bonds, debentures, debenture stock, or securities of a like nature, either secured by pledge or mortgage of any property or assets vested in the board for the purposes of the university, or upon any portions thereof, or not so secured, and the board may make and enter into any agreement that may be necessary for carrying out the purposes of this section, and make and execute all such agreements, deeds and other instruments as may be deemed necessary to carry into effect the provisions of any such agreement. 87. It shall be lawful for the Lieutenant Governor in Council, Qove^^L for and in the name of the province, to guarantee the securities counou may which shall be given by the board for any sums borrowed by ituS'" under the authority of this Act, and the performance by the board of the stipulations on its part contained in the securities. 88. The form and manner of the government guarantee Form of shall be determined by the Lieutenant Governor in Council, ^^''*°'*® and the guarantee shall be signed by the Provincial Treasurer or by such oflBcer or person as shall be designated for that purpose by the Lieutenant Governor in Council, and, upon being so signed, such guarantee shall be binding on the province, and the purchaser of any securities so guaranteed shall not be bound to inquire into the authority of the. officer or person signing the guarantee thereof. GENERAL. 89. The senate shall make all provision for the education of Education of women in the tmiversity in such manner as it shall deem most''"™™ fitting, provided however that no women shall by reason of her sex be deprived of any advantage or privilege accorded to male students of the university. 89o. It shall be the duty of every pubUc officer having in charge the body of any deceased person that would require to • be buried at the public expense, and also of every hopsital, every penal or corrective institution and every eleemosynary or public institution supported by or receiving financial aid from the province, upon demand to hand over to the imiversity or to such officers as it may appoint for such piuposes the bodies of deceased inmates of such institutions not claimed by the immediate relatives or legal representatives of the deceased, and the university shall keep a careful record of each such body so received by it and shall be at liberty to use such bodies for anatomical purposes and for scientific instruction and research. 1913 (2nd Session) c. 2, s. 21. 90. Chapter 42 of the Statutes 1906, and section 22 of chapter Repeal 5 of the Statutes 1907 are repealed. 845 1910 Cap. 7 UNIVEKSITT ('Sad 8eB9.) SCHEDULE. FoBM OP Voting Paper. I, , , resident at in the do hereby declare: 1. That I am a member of convocation of the University of Alberta; 2. That the signature affixed hereto is my proper handwriting; a. That I have not at this election signed any other voting paper as a member of convocation; 4. That I vote for the following person to be Chancellor of the said University: of 5. That I vote for the following persons to be members of the Senate of the said University: of of etc. Witness my hand this day of 19 .S4(i 1910 (second session) CHAPTER 8. An Act respecting Truancy and Compulsory School Attendance. {Assented to December 16, 1910.) UIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as " The Truancy Ad." 3. In this Act — (a) "Inspector" shall mean an Inspector of Schools; (&) "Principal" shall mean the head teacher of a public or separate school; 1913 (2), c. 16, s. 3. (c) "Regulations" shall mean regulations made under the authority of the Department of Education; (d) "School" shall mean a public or a separate school; 1913 (2), c. 16; s. 3. (e) "City or town school district" shall mean and include a town school district as defined by The School Ordinance; (/) "Minister" shall mean the Minister of Education for the Province of Alberta. 3. Every child who has attained the age of seven years and who has not yet attained .the full age of fifteen years shall attend school for the full term during 'which the school of the district in which he resides is open each year, imless excused for the reasons hereinafter mentioned. 1915, c. 10, s. 3. 4. A person who has received into his house another person's child under the age of fifteen who is a resident with him or is in his care or legal custody, shall be subject to the same duty with respect to the instruction of such child during such residence as a parent and shall be liable to be proceeded against as in the case of a parent, if he fails to cause such child to be instructed as required by this Act; but the duty of the parent under this Act shall not be thereby affected or diminished. 1915, c. 10, s. 3 . 5.' A parent, guardian or other person shall not be liable to any penalty imposed by this Act in respect of a child if — (a) In the opinion of a school inspector, as certified in writing, bearing date within one year prior to the date of any complaint laid hinder this Act, the child is under efficient instruction at home or elsewhere; 1913 (2), c. 16, s. 3. (b) The child is unable to attend school by reason of sickness or other unavoidable cause; 847 1910 Cap. 8 TRUANCY (2nd Sess.) (c) There is no public or separate school which the child has the right to attend within two and one-half miles, measured from the nearest point of the quarter section or lesser parcel of land upon which the child resides by the nearest highway from such child's residence, if the is under ten years of age, or within three and one-half miles if he is over that age; 1913 (2) c. 16, s.' 3. (d) There is not sufficient accommodation " in the school which the child has a right to attend; or (e) The child has passed the public school leaving examina- tion prescribed by the Department 6f Education or has completed a course which gives him an equivalent standing; 1911-12, c. 4, s. 38; 1913, c. 16, s. 3 (2). (f) The child has attained the full age of fourteen years and is regularly employed dimng school hours in some useful occupation. 1915. c. 10, s. 3. (g) (Repealed— im (2) c. 16, s. 3.) 6. No child under the full age of fourteen years who has not a valid excuse under this Act shall be employed by any person dviring school hours while the public school of the district in which the child resides is in session, and any person who employes a child in contravention of this section shall incur a penalty not exceeding twenty dollars for each ojBfence. (2) Where in the opinion of a justice of the peace, police magistrate or principal of the school attended by any child the services of such child are required in husbandry or in urgent and necessary household duties, or for the necessary maintenance of such child or of some person dependent upon him, such justice, police magistrate or, principal may by certificate setting forth the reasons therefor relieve such child from attending school for any period not exceeding six weeks during each pubUc school term. 7. The school board of every city or town school district shall appoint, control and pay one or more truant officers for the enforcement of this Act and notice of such appointment shall be forthwith given in writing to the Department of Education. (2) The Minister may from time to time appoint such truant officer or officers as may be required for the enJorcement of this Act in districts that are not included within any city or town school district and may provide for the remimeration of such truant officer or officers either by the school district^ affected or by the Department of Education as the Minister in his discretion may see fit, and may make such rules not inconsistent with the provisions of this Act for the direction of such truant officer or officers, and the enforcement of this Act. The Minister may also appoint officers to be known as provincial truant officers, and a chief truant officer, all of whom shall have jurisdiction in all parts of the province and the duties of such truant officers may be defined and their remuneration fixed by the Minister. 1911-12, c. 4, s. 38; 1913 (2) c. 16, s. 3. (3) In the event of no appointment having been made as provided by subsection (1) of section 7 hereof before the first day of February in any year, the Minister may appoint such truant ^ officer or officers as he may deem necessary and fix the remuneration which shall be paid by the school district affected 848 TRUANCY Cap. 8 1910 (2nd Sees.) and notice of such appointment shall be given in writing to the school board. (4) A truant officer shall for the purposes of this Act be vested with the powers of a peace officer, and shall have authority to enter theatres, playhouses, places of. public entertainment and amusement, factories, workshops, stores, shops and all other places where children may be employed or congregated and to perform such duties as may be necessary for the enforcement of this Act. (5) The board making the appointment may make rules, not inconsistent with the provisions of the Act or with the regulations, for the direction of the truant officer or officers and the enforce- ment of the Act, such rules to be subject to the approval of the Minister. (6) In the event of any board faiUng to make rules and to submit the same to the Minister for approval as provided in the next preceding subsection, the Minister may make such rules as he may deem necessary, and the same shall have the same force and effect as if made by the board. (7) Notice of every appointment made under this Act shall be given by the body making such appointment to the inspector within whose inspectorate the truant officer has jurisdiction. (8) Every truiant officer shall report monthly to the body appointing him and annually to the Minister of Education according to the forms prescribed by the regulations. (9) Every inspector shall inquire into the conditions existing in all districts tmder his supervision not included within any city or town school district, with respect to the observance of the provisions of this Act and he shall report to the Minister from time to time as the latter may direct. 1911-12, c. 4, s. 38. 8. It shall be the duty of every truant officer to enforce the provisions of this Act, to examine into aU cases of truancy within his knowledge or which may come to his attention and to warn one of the parents or the guardian of any truant or truants by notice in writing in form provided in schedule A to this Act or to like effect. 1913 (2) c. 16, s. 3. (2) A truant officer appointed under this Act shall have the right to send a, child suspected of truancy either home or to school and to accompany him thereto if deemed necessary. (3) The* notice provided for in this section may be served by registered letter, postpaid, delivered at any post office and addressed to the party at the post office situated nearest to his or her place of residence, and the production of the registration receipt from the post office where such letter was registered and proof of the posting of the same and the contents thereof shall be 'prima jade evidence that such notice was duly received by the party to whom the same was addressed within fom- days after the posting and registration of the same. 1914, c. 13, s. 3. 9. Any parent, guardian or other person having the charge or control of any person between the ages mentioned in section 3 of this Act, who within five days after having been notified as provided in the preceding section neglects or refuses to cause such child to attend school and continue in regular attendance thereat 849 1910 Cap. 8 TRUANCY (2nd Seas.) unless such child be excused from attendance as provided by this Act shall upon summary conviction be subject to a penalty not exceeding $10.00 and in default to imprisonment for a term not exceeding ten days. 1911-12, c. 4, s. 38; 1913 (2), c. 16, s. 3. (2) The justice of the peace or poHce magistrate trying a complaint imder this section may instead of imposing a penalty require a person convicted of an offence under this- section to give a bond in the penitl sum of one hundred dollars, with one or more sureties to be approved by him conditioned that the p^son convicted shall aftgr the expiration of five days cause the child to attend some school as required by this Act. 10. Every truant officer shall institute, or cause to be instituted proceedings against a parent, guardian or other person having charge or control of a child, or against any other person violating any of the provisions of this Act. 11. The teacher or the principal of every public or separate school shall once in each week of the school year report to the truant officer of the city, town or district in which the school is situated, the names, ages and residences of all pupils on the school register who have not attended school as required by this Act together with such other information as the truant officer may reqxiire for enforcing the provisions of this Act. (2) The teacher or principal, as the case may be, shall also forthwith report to the truant officer every case of expulsion. 13. Every person and officer charged with the duty of enforcing any provision of this Act who neglects to perform the duty imposed upon him shall incur a penalty not exceeding ten dollars for each offence. 13. The penalties imposed by this Act shall be recoverable on summary conviction before a justice of the peace or a poUce magistrate. 14. The provisions of part XV of chapter 146 of the Revised Statutes of Canada, 1906 (known as The Criminal Code), in reference to summary conviction, shall be apphcable to all proceed- ings under this Act. 15. (Repealed— 191Z (2), c. 16,' s. 3.) 16. Where a person is charged with an offence under this Act in respect to a child who is alleged to be within the ages mentioned in section 3 of this Act and the child appears to the court to be within such ages the child shall for the purposes of this Act be deemed to be within such ages unless the contrary is proved. 17. Nothing in this Act shall be held to require the child of a separate school supporter to attend a public school or to require the child of a public school supporter to attend a separate school. 1913 (2), c. 16, s. 3. (2) No penalty shall be imposed in respect to the absence of a child from school on a day regarded as a holy day by the church ot- religious denomination to w&ch such child belongs. 850 TRUANCY Cap. 8 1910 (2iid Ses8.) 18. This Act shall come into effect on January 1st, 1911. SCHEDULE A. Take notice that unless within five days from the receipt by you of this notice you cause your child (or ward) {chilis' name), to attend school, you will be liable to prosecution under The Truancy Ad of the Province of Alberta. 1913 (2), c. 16, s. 3. 851 1910 (second session) CHAPTER 9. An Act respecting the Bonds Guaranteed for the Alberta and Great Waterways Railway Company, being an Act to specify certain defaults of the Railway and the Consequent Rights of the Province. {Assented to December 16, 1910.) \X7HEREAS The Alberta and Great Waterways Railway *'' Company heretofore a,pplied to the Legislature of the Province of Alberta to guarantee its bonds, and Whereas the Legislature of the Province of Alberta did by an Act passed in the year 1909, cha5)ter 16, and intituled An Act to provide for an Issue of Guaranteed Securities of The Alberta and Great Waterways Railway Company, (assented to February 25th, 1909), authorized the guarantee by the province of the bonds of the Alberta and Great Waterways Railway Company to the extent of seven million four hundred thousand dollars ($7,400,000.00), and Whereas bonds of the railway to the amount of seven million four hundred thousand dollars ($7,400,000 . 00), have been executed by the said company secured by a mortgage in favour of The Standard Trusts Company payment of which bonds the Province of Alberta has guaranteed, and Whereas the bonds hereinbefore referred to have been sold but the said company has made default in payment of interest thereon and the Province of Alberta has paid the said interest so in default, and Whereas the said company has made default in the construction of its line, and Whereas certain proceeds of the said bonds (viz., to the amount of their par value together with accrued interest) are now lying to the credit of the Provincial Treasurer or otherwise in certain banks as follows: In the Royal Bank of Canada^ $6, 000,000.00 and interest; In the Union Bank of Canada, $1,000,000.00 and interest; In the Dominion Bank, $400,000.00 and interest; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Province of Alberta hereby ratifies and confirms the guarantee by it of the said bonds and the Treasurer of Alberta^ is hereby empowered and instructed to execute a guarantee on behafi of the province of said bonds. 3. The whole of the proceeds of the sale of the said bonds and all interest thereon, including such part of the proceeds 852 Cap. 9 ALBERTA AND GREAT WATERWAYS RAILWAY 1910 (2nd Seas.) of said sale as is now standing in certain banks in the name of the treasurer of the province or otherwise, as follows, viz. : Six million dollars and accrued interest in the Royal Bank of Canada; One million dollars and accrued interest in the Union Bank of Canada; Four himdred thousand dollars and accrued interest in the Dominion Bank; is hereby declared to form part of the general revenue fund of the Province of Alberta free and clear of any claim thereon or thereto by The Alberta and Great Waterways Railway Company, their successors or assigns; and, together with all accrued interest thereon, shall, to the extent to which they are so held, be forthwith paid over by the banks hereinbefore recited, and by any other person holding any part thereof, to the treasurer of the province without any set-off, counterclaim or other deduction, whatsoever. 3. Notwithstanding the form of the said bonds and the guarantee thereof, the Province of Alberta shall as between itself and The Alberta and Great Waterways Railway Company be primarily liable upon the said bonds to the several holders thereof, and the province shall indemnify and save harmless the railway company and its assets and undertaking from any and every claim made under the said bonds or any of them. Note. — This Act is repealed by Sec. 1 of Chapter 6 of the Statutes of 1913 (2nd Session), the repealing Act to come into force on proclamation. This proclamation appeared in The Alberta Gazette, 1913, vol. 9, page 847. 853 1910 (second session) CHAPTER 10. Lieutenant Governor in Council may create a permanent provincial stock Not to be paid off for 30 years Kegulations as to the debt and payment of interest > How loans authorized by Legislature may be raised An Act respecting the Raising of Loans Authorized by the Legislature. (Assented to December 16, 1910.) OIS MAJESTY, by and with the advice and consent of the ^ ^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as " The Provincial Loans Ad." 2. The Lieutenant Governor in Council may create a permanent provincial stock which shall be known as the Alberta Government Stock and shall be personal property, and the stock and the interest thereon shall be charged upon and paid out of the general revenue fimd. (2) The stock shall be subject to such regulations as to the inscription, registration, transfer, management and redemption thereof as the Lieutenant Governor in Council may make. (3) The stock shall not be redeemable in less than thirty years from the date of issue, but may be redeemed at or after that date at the option of the Lieutenant Governor in Council, provided six months' previous notice has been given, and the Lieutenant Governor in Council may at the time of issue of such stock fix the date at which it- shall be redeemed. (4) The notice in the last preceding subsection mentioned may be given by registered letter addressed to the registered holder of the stock at his address as it appears in the register. 3. The Lieutenant Governor in Council may make such regulations as he deems necessary for the management of the public debt and the payment of the interest thereon, and may, subject to the provisions of the next following section, provide for the creation and management of a sinking fund or other means of securing the repajmient of any loans raised by the authority of the Legislature; and may appoint one or more fiscal agents in the City of London, England, or elsewhere, and agree Avith them as- to the rate of compensation to be allowed them for negotiating loans, and for paying the interest of the debt, and may pay the sums necessary to provide the sinking fund or other means aforesaidj and such compensation out of the general revenue fund. 4. Where in any Act authority is given to the Lieutenant Governor in Council to raise by way of loan any sum of money, then, unless there is some provision to the contrary in the Act by which the authority is given, such sum shall in the discretion of the Lieutenant Governor in Council be raised in one of the 854 PROVINCIAL LOANS Cap. 10 1910 (2iid Seas.) following ways, or partly in one and partly in another or others thereof, that is to say: (o) By the issue and sale of debentures of Alberta, which 5^^^^°^^^ shall be in such form, for such separate sums and at such rate of interest not exceeding five per centiun per annum, and the principal and interest whereof shall be made payable at such periods and places as the Lieutenant Governor in Council deems expedient, and subject to such regulations, including regulations as to inscription, registration and transfer, as he may make, and such principal and interest shall be charged on and paid out of the general revenue fimd; 1913 (2nd Session), c. 3, s. 1; 1915, c. 22, s. 1. (6) By the issue and sale of Alberta Government Stock ^^^^^^^^^ bearing such rate of interest not exceeding five per stock centum per annxmi as is deemed expedient, payable half-yearly, and the principal and interest whereof shall be charged on and paid out of the general revenue fund; 1913 (2nd Session), c. 3, s. 1; 1915, c. 22, s. 1. (c) By the granting of terminable annuities charged onJ^^JJ^^'= and to be paid out of the general revenue fund on terms in accordance with what the Lieutenant Governor in Council may deem to be the most approved English tables, and based on a rate of interest not exceeding five per centum per annum, and subject to such regulations as the Lieutenant Governor in Council may make; 1913 (2nd Session), c. 3, s. 1; 1915, c. 22, s. 1 (d) By the issue and sale of exchequer bills, exchequer ^^='*^"^™ bonds, or treasury bills in sums of not less than fourbuis hundred dollars each, in such form and payable at such periods and places as the Lieutenant Grovemor in Council deems expedient, and subject to such regulations as he may make, or by temporary loans, and the interest thereon, and the amount of such bills or bonds shall be charged on and paid out of the general revenue fund; (e) By the issue and hypothecation of any of the securities Hypothecation authorized to be issued and sold under this section; 1914, c. 19, s. 2. (/) It shall be the duty of the Provincial Treasurer to keep Records to be and prepare a complete record of all securities so^^p* hs^pothecated under the provisions of this Act; 1914, c. 19, s. 2. ig) The Provincial Treasurer shall make and submit to Report by - the Lieutenant Governor in Council a report respecting xrelS^ such hypothecation, which shall be laid before the Legislative Assembly with the Public Accounts. 1914, c. 19. (2) On authorizing the issue of debentures or stock under Lieutenant paragraphs (a) or (&) of subsection 1 of this section, thecoS°S^ Lieutenant Governor in Coimcil may provide for a sinking fundp^^iie with respect to such issue and may at any time provide for a™''™*'™'' general sinking fund for all such portions of the debentures or stocks as have been or are hereafter issued without provision for a sinking fund with respect to them; 1914, c. 19. (3) Any of such securities may be made payable in any currency. 855 Cap. 10 PROVINCIAL LOANS 5. The Lieutenant Governor in Council may direct that the whole or any part of the Alberta Government Stock to be inscribed and transferred in a register kept in the United Kingdom or in any foreign country at such places and by such bank, officer or person as he may appoint. 1910 (2nd Sess.) Kegister for inscribed stock feoOTdS*^''^ 6. The Lieutenant Governor may under the- great seal or in council authorize any person to make any declaration and take any steps necessary to record such inscribed stock or any portion thereof imder and in accordance with the provisions of the Imperial Acts known as The Colonial Stock Acts of 1877 to 1900, or any amendments thereof or any Acts passed in substitution therefor. Paymenta, etc., (2) The Proviucial Treasurer may out of the general revenue au onze fnn^ pay, satisfy and discharge any judgment, decree, rule or order of a court in the United Kingdom which imder the provisions of section 20 of The Colonial Stock Act 1877, or any amendment th€{reof is to be complied with by the registrar of the inscribed stock of Alberta in England. Form of debt may be changed under certain conditions 7. The Lieutenant Governor in Council may change the form of any part of the debt of Alberta by substituting one class of the securities aforesaid for another, provided that neither the capital of the debt nor the annual charge for interest is thereby increased, except where a security bearing a lower rate of interest is substituted for one bearing a higher rate of interest, in which case only the amount of the capital may be increased by an amount not exceeding the difference between the then present value of the securities; but such substitution shall not be made unless the consent of the holder of the security for which another is substituted is obtained, or such security is previously purchased by or redeemed by or on account of Alberta, and such substitution may be ma4e by the sale of a security of one class and the purchase of that for which it is desired to substitute it. Regui^ions to 8. The regulations made by the Lieutenant Governor in Coimcil ofTaw ° °"" under this Act shall in so far as they are not inconsistent with this Act have the same force and effect as if embodied and enacted in an Act of the Legislature. (2) No officer or person employed in the inscription, registration, transfer, management or redemption of any of the aforesaid securities, or in the payment of any dividend or interest thereon • shall be bound to see to the execution of any trust, expressed or implied, to which such securities are subject, or shall be liable in any way to any person for anything by him done in accordance with any such regulations. All money raised to form part of General Revenue Fund Government Securities free from provincial and muncipal taxes 9. All money raised by the issue and sale of any of the aforesaid securities shall be paid to the Provincial Treasurer and shall form part of the general revenue fund. 10. AU moneys invested in Alberta Government Stock or debentures, and the interest thereon, shall be exempt from municipal taxation in the province, and shall be free from all provincial taxes, succession duty, charges and impositions. 856 PHOviNCiAL LOANS Cap. 10 1910 (2nd Sess ) 11. Nothing in this Act shall authorize any increase in theJ^^JU^^"^^" public debt without the express authority of the Legislature, without except in the manner and to the extent hereinbefore mentioned. aSorf'S'* 12. Nothing in this Act shall impair or prejudicially affect g|°™)j,^g the rights of the holder of any securities heretofore issued by issued the province. »'""*°*^ 13. Where imder any Act of the Legislat\u:e heretofore or^^»^«^^ hereafter passed the Lieutenant Governor in Council is authorized restricting to guarantee the principal and interest of the bonds, debentures, ^^rait on debenture stock or other securities of any company or corporation, ^"'^ public or private, and it is by such Act or Acts provided that all moneys realized by sale, pledge or otherwise of such securities are to be paid into a bank or banks to the credit of the Provincial Treasurer or such other credit as the Lieutenant Governor in Council may direct or approve, it shall be competent for the Lieutenant Governor in Coimcil to make such arrangements as shall be deemed expedient with such bank or banks and with such company or corporation, notwithstanding anything in the said Act or Acts contained, for the payment of the company or corporation or the nominees thereof, of the whole or a portion of the interest that has or may have accumulated upon such deposit, and has or may have been credited to the Provincial Treasurer > or such other credit as the Lieutenant Governor in Coimcil has directed or approved as aforesaid: Provided however that no such payment shall be made of Proviso the whole or any portion of such acciuniilated interest so credited unless it is shown to the satisfaction of the Lieutenant Governor in Council that there are no arrears of principal or interest due upon any of the said bonds, debentures, debenture stock or other securities. 857 1910 (second session) CHAPTER 11. An Act respecting Alleged Claims in connection with The Alberta and Great Waterways Railway Company. {Assented to December 16, 1910.) LJIS MAJESTY, by and with the advice and consent of the *■ * Legislative Assembly of the Province of Alberta, enacts as follows: 1. Any person or cbrporation claiming to have suffered loss or damage in consequence of the passing of "An Act respecting the bonds guaranteed for The Alberta and Great Watervmys Railway Company, being an Act to specify certain defaults of the railway and the consequent rights of the province," may at any time within six months after the passing of this Act, but not later, file a statement of such claim in the office of the Clerk of the Executive Council at the Government Buildings, Edmonton, together with the evidence in support of same. (2) The Lieutenant Governor in Council shall investigate and consider or ca,use to be investigated and considered the said claims so filed and any evidence adduced in support of same, and shall submit to the Legislative Assembly at its next session a report respecting said claims. (3) Nothing herein contained shall be deemed to establish or imply on the part of the Crown represented by the Province of Alberta any obligation or liability enforceable in a court of law. 858 1910 (second session) CHAPTER 12. An Act for Raising Money on the Credit of the General Revenue of Alberta. {Assented to December 16, 1910.) IJIS MAJESTY, by and with the advice and consent of the *■ ^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized to raise by way of loan a sum of money not exceeding seven miUion four himdred thousand dollars for any or all of the purposes following, that is to say:. For the public service; for the covering of any debt of the province on open account; for paying any floating indebtedness of the province; for the carrying on of public works authorized by the Legislature; and for the satisfaction or discharge of any obhgation of the province whether direct or indirect or whether by way of guarantee or otherwise. 3. The aforesaid sum of money may be borrowed for any term or terms not exceeding fifty years at a rate not exceeding four and one half per centum per annum, and shall be raised upon the credit of the general revenue fund of the Province of Alberta and shall be chargeable thereon. 1913 (2), c. 3, s. 1. 859 1910 (second session) CHAPTER 13. An Act to amend The Game Act. {Consolidated in Chapter 14, 1907.) 1910 (second session) CHAPTER 14. An Act to amend Chapter 15 of the Statutes of Alberta, 1907, intituled "The Noxious Weeds Act." {Consolidated in Chapter 15, 1907.) 1910 (second session) CHAPTER 16. An Act to amend Chapter 16 of the Statutes of Alberta, 1907, as amended by Chapter 20 of the Statutes of Alberta, 1908. {Consolidated in Chapter 16, 1907.) 1910 (second session) CHAPTER 16. An Act to amend The Agricultural Societies Ordinance, being Chapter 17 of the Ordinances of 1903 (1st Session), amended by Chapter 5, 1907. {Consolidated in Chapter 69, CO. 1915.) 860 1910 (second session) CHAPTER 17. An Act respecting Public Health. (Assented to December 16, 1910.) UIS MAJESTY, by and with the advice and consent of the ■*■ •*• Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Public Health Act." short title INTEKF KETATION 3. Where the following expressions or words occior in this interpretation Act or in any order, rule or regulation to be made under or con- firmed by this Act, they shall be construed in the manner herein- after mentioned, unless the context otherwise requires: 1. "Provincial board" shall mean the provincial board ofPro^ndai health as constituted and organized under this Act; 2. "Local board" shall mean and include the local board Local board of health of ahy city, town, village or rural municipality; 1913 (1), c. 9, s. 30. 3. "Provincial medical ofl&cer of health" shall mean the Provincial provincial medical officer of health appointed under the provisions Sffioe?*o£ of this Act; ^^^ 4. "Medical officer of health" shall mean any medical officer Medical of health appointed imder the provisions of this Act; hSith"' 5. "Executive officer" shall mean and include all persons Executive who are officers appointed by proper and competent authority"®"" for the enforcement of the provisions of this Act, or any other law, order or regulation, for the time being in force relating to the public health; 6. "Street" shall mean and include every highway, road, street square, lane, mews, court, alley and passage, whether a thorough- fare or not; 7. "House" shall mean any house and shall include schools, House factories and other buildings, huts and tents for human habitation, whether such are used permanently or temporarily and whether the same are stationery or moveable, and outhouses used for any purpose; 8. "Minister" shall mean the Minister of the departments™^'*'' adminfetering this Act; 9. "Owner" shall mean the person for the time being receiving owner the rent of the lands or premises in connection with which the the word is used, whether on his own account or as an agent or trustee for any other person, or who would so receive the same if such lands or premises were let; 10. "Householder" shall mean the occupant or person in Householder charge of any house or premises, or the person in charge of any 861 1910 (2nd SesB.) Contagious or infectious disease Cap. 17 PUBLIC HEALTH Supreme Court Registered medical practitioner ProTincial board, organization and membership . Acting chairman unoccupied 'house or premises, whether as owner, tenant, agent or otherwise howsoever; 11. Where the words "contagious or infectious disease" occur it shall be taken to mean the following diseases, namely: Smallpox, chickenpox, diphtheria, scarlet fever, typhoid fever, measles, German measles, glanders, cholera, erysipelas, anthrax, bubonic plague, rabies, polio-myelitis and cerebro-spinal meningitis together with such other diseases as the Provincial Board of Health may with the approval of the Lieutenant Governor from time to time declare to be contagious or infectious diseases; 12. "Supreme Court" means the Supreme Court of Alberta; 13. "Registered medical practitioner" means a medical practitioner duly qualified to practise medicine or surgery in the province. 3. There shall be a board of health in the province to be known as the provincial board of health, consisting of the provincial- medical officer of health who shall be chairman, the provincial sanitary engineer and the provincial bacteriologist. 4. In the absence of the chairman from any meeting the board shall appoint one of its members present to act as chairman during the meeting, and such acting chairman shall perform all duties of the chairman under this Act. Provincial 5. The provincial board shall meet three times a year and ttoe^meetoigs at such Other times and at such places as may be fixed from each year ^ime to time by the resolution of the board; two members shall Quorum, rules be a quorum for the transaction of business and they shall have power to maJie and adopt rules regulating the transaction of business and may provide therein for the appointment of com- mittees to whom they may delegate authority and power for for the work committed to them. and by-laws General objects and functions of Erovineial oard 6. The provincial board of health shall take cognizance of the interests of health and life among the people of the province; they shall especially classify, tabulate and study the vital statistics of the province and shall endeavovu: to make an intelUgent and profitable use of the collected records of death and of sickness amoinjg the people; they shall make investiga,tions and inquiries • respecting sanitation, the causes of disease and of epidemics; the causes of mortality and the effects of localities, employments, ■ conditions, habits and other circiunstances upon the health of the people; they shall make such suggestions and take such steps as to the prevention and suppression of contagious and infectious diseases as they may deem most effective and proper and as will prevent and limit as far as possible the rise and spread of disease; they shall inquire into the measures which are being taken by the local boards for the limitation of any dangerous contagious or infectious disease or the performance of any duty through powers conferred upon said local boards under this Act or any other Act and, should it appear that no efficient measures are being taken or that the said powers or duties are not being exercised, it shall be the duty of the provincial board, in the interests of the public health, to require the local board to exercise and enforce any of the said powers which, in the opinion of the provincial board, the urgency of the case demands; and in any 862 PUBLIC HEALTH Cap. 17 1910 (2ml Seas.) r such case where the local board, after request by the provincial board, neglects or refuses to exercise its powers, the provincial board may exercise and enforce at the expense of the city, town, village or rural mimicipality any of the powers of local boards which under the circumstances the provincial board may consider necessary, and the said board shall, when it deems necessary, advise officers of the government and local boards of health in regard to the public health and as to the means to be adopted to secure the same, and as to the location, drainage, water supply, disposal of excreta, heating and ventilation of any public institution, factory or building; 1913 (1), c. 9, s. 30. 7. The provincial board may, subject to the approval and^'o^^^^^j^^ with the consent of the Lieutenant Governor in Council, makeEoard'to and issue such orders, rules and regulations as the said board ^g^ations may deem necessary for the prevention, mitigation, and^°r^r«^™^™ suppression of disease, and the provincial board may with hke of disease consent and approval make orders, rules and regulations as to the following matters and things, the emmieration of which shall not be taken to curtail or limit the general power to make orders, rules and regulations herein contained, and may from time to time, subject to approval and consent as aforesaid, alter or repeal any such orders, rules or regulations: 1. The management, maintenance, fxmctions, duties and jurisdiction of local boards, medical officers of health and executive officers; 2. The prevention and removal of nuisances; 3. The cleansing, pm-ifying, ventilating, plmnbing and disinfecting of houses, factories, churches, schools, public and charitable institutions, buildings and places of assembly, railway stations, carriages and cars, as well as other public conveyances, by the owners and occupiers or persons having the care and ordering thereof; 4. The inspection of hospitals,- gaols, orphanages, reforma- tories, houses, factories, churches, schools, buildings and places of assembly, railway stations, carriages and cars and all other public conveyances; 5. The construction, maintenance, cleansing and disinfection of all drains, sewerage systems and sewers, and systems for sewage disposal, the location, cleansing, closing and disinfection of w£lter closets, cesspools and privies, the location, cleansing, disinfection and closing of wells and the cleansing of streets and yards; 6. The method of carrying on all noxious and offensive trades or businesses, and the summary abatement of any nuisance or any conditions injurious to the public health arising therefrom or hable to arise therefrom; 7. The inspection, licensing, method of construction, furnishing, equipping and maintainiag, cleansing and disinfecting of all slaughter houses and other places in which animals are killed and their meat prepared for sale or to be used for food, and of all canneries, fish houses, smokehouses and warehouses in which fish are cured, packed or prepared for sale or to be used as food and of all starch factories, dye works or factories in which blood, offal or skins or paraflme, tallow, soap or fertilizers or gas are worked up; 8. The interment or disinterment of the dead, the conduct of funerals, and the transportation of corpses; • 863 1910 Cap. 17 PUBLIC HEALTH (2nd SesB.) , 9. The isolation or the placing in any hospital or building provided for quarantine or isolation piu^oses or the isolation or the placing in any other proper place of any person having any infectious or contagious disease or any disease dangerous to the public health; and the disposition of any conveyance or person that has been exposed to a contagious or infectious disease or persons who may be living in unhealthy houses or congested, unhealthy or infected localities; 10. The reporting to a medical officer of health by every medical practitioner of every person under his treatment for any infectious or contagious disease or any disease dangerous to the public health; 11. The vaccioation of all children residing within the province; 12. The vaccination of all persons entering or residing in the province not already vaccinated or not sufficiently protected by previous vaccination; 13. The supply and quality of vaccine matter and sera; 14. The prevention of the use of noxious manures and fertilizers dangerous to the public health; 15. The sanitation, inspection, quarantining of all creameries, cheese factories, dairies, cowsheds and stables in connection therewith, and market gardens; 16. The prevention of the pollution, defilement, discolouration or fouling of all lakes, streams, pools, springs or waters, and to ensure their sanitary condition and to regulate the cutting and storing of ice; 17. The imposition, levying and recovery of penalties upon and from any person who shall violate any rules, orders or regulations made hereunder; 18. The taking possession of or acquiring land or buildings for the purposes of public health and the suppression and mitigation of disease, and also the taking possession of and acquiring land, buildings, rights-of-way, and easements for the purposes of con- struction, and instaUation of waterworks, sewerage, sewage piirification and disposal works and refuse destructors by cities, towns or villages; 19. The prevention and suppression of contagious and infectious diseases (communicable to man) in animals; 20. The purification of water for domestic or other purposes by any person or body corporate; 21. The inspection, licensing, method of construction, furnishing^ acquiring and maintaining, cleansing, and disinfection of all dairies- and the testing of dairy herds for tuberculosis or any other contagious or infectious disease; 22. Generally all such matters, acts and things as may be necessary for the protection of the public health and for ensuring the full and complete enforcement of every provision of this Act. of orders and reflations PubUcation 8. All Orders and regulations so made shall take effect from "the approval thereof by the Lieutenant Governor in Council, and shall be forthwith published in The Alberta Gazette and shall have and be deemed to have the force of law and be so recognized by all courts and shall be sufficiently proved by the production of a copy of The Alb&-ta Gazette containing the same or by a copy purporting to be printed by the Government Printer. 864 PUBLICr HEALTH Cap. 17 1910 (2nd SeBS.) 9. The expenses incurred by the provincial board for purposes Provisions of public health and the suppression, prevention and mitigation o"exp^iM of of disease, as well as in connection with any epidemic occurring g™^f^^ outside of cities, towns, villages or rural municipalities shaU boards, be defrayed out of any money appropriated by the Legislature ^cers of for that purpose, and the expenses incurred by the local boards ^H^^^^""* -of health in cities, towns, villages or rural muhicipahties or by officers the medical officers of health or executive oflGlcers of said boards in connection with any epidemic, or in the execution of or in the superintending of the execution of the provisions of this Act, and the orders and regulations of the provincial board shall be defrayed and provided by the cities, towns, villages or rural municipaUties having jurisdiction over the respective places affected. 1913 (1), c. 9, s. 30. (2) The council of any village shall have power to borrow from any person, bank or corporation any moneys necessary for the effectual carrying into effect of the provisions of this section. 1911-12, c. 4, s. 39. (3) Any moneys heretofore borrowed by the council of any village are hereby declared to be lawfully borrowed and the debte created thereby to be as valid and binding upon such council as if such moneys had been borrowed subsequent to the passing of this amending Act. 1911-12, c. 4, s. 39. 10. In the event of any dispute or uncertainty as to the amoimt payable by any city, town, village or rural municipality within s^**'®^=^^ any other health district, the Minister shall from time to time amounts and and as often as may be necessary, cause application to be made^^"™^^^ in a summary way to a judge of the Supreme Court in chambers to adjudge the amount payable by the city, town, village or rural municipaUty and such judge shall have power to adjudge and fix the same and to give all proper and necessary directions for such purposes, and the order adjudging the amount shall have the operation and effect of a judgment of such cotui; against the city, town, village or rural municipality in favour of His Majesty. 1913 (1), c. 9, s. 30. 11. When the establishment of a system or the extension water supply, of any existing system of waterworks for the purpose of providing ^^,]^™^j a water supply for public consumption is contemplated by any or extension person or body corporate, it shall be the duty of such person Sf^md'^S^ or body corporate, whether incorporated by special or private "^{JJ^^^^^J* Act of Parliament or otherwise howsoever, to submit to the and approved provincial board the plans and specifications of the proposedlro^dai system of waterworks and an analysis of the water from thef"^^^^"^"'^ proposed source or sources of supply, verified by affidavit stating that the plans and specifications so submitted are those to be used and followed in the construction of such proposed system, that the particulars set forth in the said analysis are true and that the water analyzed was taken from the proposed source or sources. (2) It shall not be lawful to construct, establish or operate Certificate any such system of waterworks or any extension of an existing *° ''^ °''*"°'^ system of waterworks as aforesaid, without first obtaining from the provincial board a certificate signed by the chairman certifying that the plans, specifications and analysis so submitted and the 865 1910 (2nd Sess.) Alterations Power to the Lieutenant Governor in Council upon report ot provincial board to adjust water supply in any locality Cap. 17 PUBLIC HEALTH Sewerage systems — Plans and specifications for the establishment or extension of any system of ; to be submitted to and approved by the grovincial card before construction Sewerage disposal Sewerage purification Certificate to be obtained proposed source or sources have been considered and approved by the board and that the proposed system or extension may, with safety to the public health, be constructed, carried out and operated. (3) If in the opinion of the provincial board alterations are necessary in the plans or in the specifications of such proposed system, it shall not be lawful to construct, establish or operate the proposed system or extension unless and until such alterations have been made in the said plans and specifications. (4) Where in any locality or place it shall be necessary in order to obtain a supply of water for the consumption and domestic purposes of the persons resident in such locality or place, to enter upon, to take possession of or use in common with the owners any flume, ditch, water system or water course, the waters of which are recorded, diverted or used for irrigation, industrial or mining purposes, the provincial board or a member or officer thereof appointed by the board for that purpose, shall subject to the provisions of The Irrigation Act, examine the source of water supply, the flume, ditch, water system or water course aforesaid, the locality or place, and shall report to the Lieutenant Governor in Council the amoMnt of water, estimated as nearly as may be, actually required for the consumption and domestic purposes of the residents of such locality and the means and measures necessary to be adopted in order to secure such amovmt of water so Actually necessary and thereupon the Lieutenant Governor in Coimcil may, by order in council, provide for, direct and enforce the doings of all acts and things and the adoption and continuance of all means and measures necessary for the securing and the continued supply of such amount of water so actually necessary as aforesaid. 13. When the construction, alteration or extension of a common sewer or system of public sewerage shall be contemplated by any person or body corporate, such person or body corporate shall submit to the provincial board all plans and specifications in connection with the construction, alteration or extension of such common sewer or system of sewerage and in connection with the purification and disposal of the sewage. (2) No common sewer or system of sewerage shall be established or continued unless there is maintained in connection therewith a system of sewage purification and disposal which removes and avoids any menace to the pubUc health, and the provincial board may call for, and any person or body corporate shall, when requested, furnish as soon as may be such information and data in relation to such matters under their control as the provincial board may deem necessary; provided that with regard to systems in operation at the date of the passing of this Act the provincial board may dispense with the requirements thereof for a sufficient time in their opinion to permit of compliance therewith. (3) It shall not be lawful for any such person or body corporate to construct, alter, extend or operate any common sewer or system of sewerage or sewage purification or disposal without first obtaining from the provincial board a certificate signed by the chairman stating that the proposed construction, alteration or extension may be carried out, and that the constructed or extended common sewer or system of sewerage and sewage purifi- 866 PTIBLIC HEALTH Cap. 17 1910 (2iid Seaa.) cation and disposal may be maintained and operated without injury or danger to the public health. (4) If in the opinion of the provincial board for the purpose ^^1^™^ of guarding against injury or danger to the public health, alter- ations or additions are necessary in any existing or proposed common sewer or system of sewerage or in the plans or specifi- cations for sewage purification and disposal or in both the plans and specifications submitted as aforesaid, it shall not be lawful to construct, establish or operate the existing common sewer or system of sewerage or sewage piuification or disposal or the proposed system or extension, unless and until the alterations and additions have been made and adopted. 13. No by-law providing for the raising of money for theNobjr-Uw construction, alteration, operation or extension of any system o"moiSy* of waterworks or system of water purification, common sewer J^o'^^^^^e or system of sewerage or sewage purification or disposal shall disposal be submitted to the vote of the electors by the council of anyg^otedm*" city, town or village until the certificate has been obtained from^j^'_J^*°" the provincial board of health as provided for in the preceding certificate sections 11 and 12, and the preamble of every such by-law shall °' *'""* declare that such certificate has been duly obtained. 13o. Notwithstanding' anythiug herein contained any y-law providing for the raising of money for the construction, alteration, operation, or extension of any system of waterworks or system of water purification, common sewer or system of sewerage or sewage purification or disposal, which since the passing of this Act has been submitted to the vote of the electors by the council of any city, town, or village, without the certificate of the provincial board of health having been obtained as provided for in sections 11, 12 and 13 hereof, or any by-law which has been passed by the council of any city, town or village, the preamble of which does not declare that such certificate has been duly obtained, as required by section 13, shall- be deemed as valid and binding in aU respects as if the provisions of said sections 11, 12 and 13 had been strictly complied with. 1911-12, c. 4, s. 39. 14. In any system of waterworks or system of water purifi- inspection of cation, sewerage or sewage purification or disposal, or alteration boi-d ^ or extension of the same, approved of by the board as provided for in the three immediately preceding sections and subsections, the provincial board shall have power and authority to inspect any such works above referred to, and if it finds that the work is not being carried out in conformity with the plans and specifi- cations approved of by the board, or with this Act or the regulations of the provincial board it may order the discontinuance of such work until such changes as are ordered by it are made to its satisfaction. 15. The provincial medical officer of health shall be the chief D^aea of medical officer of health for the province, and shall perform suchmedS'^"' duties and functions as may be assigned to him by the Lieutenant £^^°* Governor in Council, and generally shall have the direction and supervision of such matters as pertain to public health. 867 Cap. 17 PUBLIC HEALTH 1910 (2nd Sess.) Temporary 16. Whenever the proviacial medical oflB^cer of health considers meS^ISfficer the appointment of a medical officer of health in any district dLtriot? '"^ organized mider The Local Improvement Act temporarily necessary organised he may with the approval of the Lieutenant Governor in ComicU Siprovement make such appointment and the expenses thereof shall be paid de^ei^d™ ^^ *^^ provincial government. Temporaiy 17. Whenever the provincial medical officer of health considers m^Sj™ffiMr°' ^'^^ appointment of a medical officer of health in any village of health in or rural mimicipality temporarily necessary, he shall notify deemed^''™ the local board of such village or rural municipality in writing neiessary ^q make such appointment, and such board shall bear the expense thereof; in case the said local board after being so notified neglects to make such appointment in compliance with the conditions contained in said notice, the provincial medical officer of health may, with the approval of the Lieutenant Governor in Council, make the appointment and arrange the remimeration of such medical officer of health, which shall be paid by the. said local board, and shall be recoverable by such medical officer of health as an ordinary debt. 1'913 (1), c. 9, s 30. ^pointoent ^^' "^^^ ^^''^^ board shall advise the provincial medical officer to be made of health witMn three days after receiving notice to make such SeS?^fficer appointment that it has complied with such notice and shall of health gj^ye the name of the person so appointed. Every city and town to appoint a medical officer of health 19. A medical officer of health who shall be a registered medical practitioner shall be appointed in every city and town by the council thereof, not later than the third regxilaf meeting after its organization and should the coimcil fail to make such appoint- ment, the provincial medical officer of health may, with the approval of the Lieutenant Governor in Council, make said appointment and arrange the remimeration of such medical officer of health which shall be paid by the council, and shall be recoverable by such medical officer of health as an ordinary debt. Vacancy in office" of ^^' Whenever any medical officer of health in a city or town medical officer becomes temporarily or permanently incapable of performing his duties, or resigns his office or leaves the locality for which he has been appointed, the council shall forthwith appoint another medical officer of health in his place. of health to be filled by appointment fSoM°" "' ^^' ^^ *^^^^ ^^^ provincial board reports to the Lieutenant Governor in Council that on account of the presence in any health district of any epidemic or contagious disease it would be dangerous to hold an election in such health district, the Lieutenant Governor in Council may, upon application of the council of the health district in that behalf, issue his proclamation postponing the holding of any intended election for a period not exceeding three months and may from time to time further postpone such election, if in the opinion of the said board the necessity for postponement continues. (2) The Lieutenant Governor in Council may by his said proclamation name days for holding the nominations and polling for the election but in case no days are named therefor the council 868 PUBLIC HEALTH Cap. 17 1910 (2iidSe8s.) shall, as soon as practicable after the period named in such proclamation or the last of such proclamations expires, by by-law name days for the nomination and polling. (3) In case an election postponed imder the provisions of this section is the annual election of any city, town, village, rural municipality or local improvement district, or an election of the entire council of such or of all the members of a board of school trustees or other body such persons shall continue to hold oflBce until their successors are elected. 1913 (1), c. 9, s. 30. 33. There shall be a board of health in every city, town, village Board of or rural municipality which shall be responsible for the carrying ^^*Mobe out of the provisions of this Act. 1913 (1), C. 9, S. 30. in every city, town etc. (2) In every city and town the local board of health shall compositioii consist of the mayor, the medical officer of health, the mimicipal °* '°''*' •'""'^ engineer (if any) and three ratepayers to be appointed by the council, as follows: One member to be appointed for three years, one for two years and one for one year; each member retiring to be replaced by a member appointed for three years, from the date of appointment. The local medical ofl&cer of health shall be the executive oflftcer of the board and in the intervals between the meetings of the board shall perform such duties and shall have such jrowers as are imposed upon or by this Act vested in the board. 1913 (1), c. 9, s. 30. (3) In every village or rural municipality the local board of health shall be composed of the members of the council and the sanitary inspector (if any), the secretary-treasurer of such council shall be the secretary of the board. 1913 (1), c. 9, s. 30. (4) A majority of the members of any board of health shall Quorum be a quorum for the transaction of business. (5) In every district organized under The Local 7mpro«eme«< Provincial Act the provincial board of hea,lth shall be responsible for theheSa"' canying out of any of the provisions of this Act which may apply r«^?j45J^ such districts. \ organized under Local 33. For the purposes of this Act the following are constituted iT"''^"^* health districts: Any city, town, Aollage, rural municipality or dis- trict organized under The Local Improvement Act. 1913(1) c. 9, s. 30. districts 34. The municipal council of every city, town, village orj^nnuai rural municipality shall in each year vote such sums as are™™ioip?i. necessary for the carrying on of the work of its board of health. *'p"p'^"™ 1913 (1), c. 9, s. 30. 35. For the prevention, mitigation and suppression of disease i^, „^ „£ and for the better controlling and safeguarding of the public <=™''!''tion health of the province should any Act in force within the province Act tS pr^S conflict with this Act, then and in every such case this Act shall prevail, and should any order, rule or regulation made by the provincial board in respect to any matter over which the provincial board has jurisdiction imder this Act conflict with any by-law, order, rule, or regulation made under authority of any other Act or Ordinance in force in the province, then and in every such case the order, rule or regulation of the provincial board shall prevail. (2) Nothing herein contained shall apply to any such by-law, order, rule or regulation made under the authority of any other 869 1910 (2nd Sess.) Destroying or removing of . notices Neglect or refusal to obey order of executive officer Cap. 17 PUBLIC HEALTH Act or Ordimmce as aforesaid, if the same has been approved by the provincial board. 1911-12, c. 4, s. 39. 36. Any person defacing, destroying or removing any notice provided for by this Act or by* any regulations made thereunder shall be gmlty of an offence imder this Act. 1913 (1), c. 9, s. 30. 37. Any person "who neglects or refuses to obey any order given to hun by any executive officer, in pursuance of the provisions of this Act or of the regulations made thereunder, shall be guilty of an offence imder this Act. Aeaaulting obstructing 38. Any person who assaults, obstructs, molests or hinders any executive officer, constable or other person in the execution of any duty or exercise of any power conferred upon him by this Act or any regulation made therevmdef , shall be guilty of an offence imder this Act. Penalty 39, 'Wliere no other or different provision is made herein, every person guilty of violating any of the provisions of this Act shall be liable to a penalty of not more than fifty dollars ($50.00) and costs. 1911-12, c. 4, s. 39. 30. The penalties imposed by this Act shall be recoverable on summai;y conviction before a justice of the peace or a police magistrate. 31. The provisions of part XV, chapter 146, of the Revised Statutes of Canada, 1906 (The Criminal Code), shall apply to all prosecutions under this Act. 33. This Act shall come into force on the first day of March, 1911. 33. The Public Health Act, /being chapter 12 of the Statutes of Alberta, 1907, is hereby repealed. REGULATIONS made and issued by The Provincial Board of Health under power conferred on the said board by The Public Health Act. {Approved by the Ldeulenant Governor in Council on the 9th day of June, 1911, as amended 19th January and 8th April, 1914, artd by Order in Council SSS/15.) Inserted for convenience only and subject to change at any time. INTERPRETATION. 1. In The Public Health Act and these regulations, if not inconsistent with the context, the f oUowing words and expressions shall have the meanings hereinafter respectively assigned to them, that is to say: (2) "Lands and premises" include messuages, buildings, lands, easements and hereditaments of any tenure. (3) "Person" includes any body of persons, whether incorporated or not. (4) "Council" means the council of any health district. i (5) "Engineer" means any person appointed by a council to perform any of the duties of engineer under The Public Health Act and these regular tions. 870 PUBLIC HEALTH Cap. 17 1910 (2nd Bess.) (6) "Housedrain" means any dfain of and used for the drainage of a house or premises, and made merely for the purpose of communicating therefrom with a private sewage disposal system or other like receptacle for sewage, or with a sewer situated at the junction of the premises with a street. (7) "Sewer" includes sewers and drains of every description except drains to which the word "house-drain" interpreted as aforesaid appUes. (8) "Waterworks" includes streams, springs, wells, pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines, and all machinery, lands, buildings and things for supplying or used for supplying water, also the stock in trade of any water company. (9) Where the words "contagious or infectious disease" occur in these regulations they shall be taken to mean in addition to those already named in The Public Health Act, whooping cough in the acute stage, and mumps, trachoma and impetigo- contagiosa. (10) Where the words "communicable disease" occur in these regulations they shall be taken to mean the following diseases, namelj^: Contagious or infectious diseases, venereal disease, pulmonary tuberculosis and scabies (itch), ringworm and pediculosis (Uce). (11) "Health district" shall mean any city, town, village, rural munici- pality or district organized under The Local Improvement Act. (12) Words importing the singular number shah, include the plural niunber, and words importing the plural number only shall also include the singular number. (13) Words importing the masculine gender shall also include the feminine. (14) "Notifiable disease" shall mean any disease, the occurrence of which shall be made known to the Provincial Board or local board, as prescribed in these regulations, and shall include smallpox, chickenpox, (Uphtheria, scarlet fever, typhoid fever, measles, German measles, whooping cough, mumps, puarperal fever, ophthahniar-neonatorum, pulmonary tuberculosis, glanders, cholera, erysipelas, anthrax, bubonic plague, hydrophobia, poho- myelitis (infantile paralysis), cerebro-spinal meningitis, trachoma and such other disease as the Provincial Board may declare. O.-in-C. 353/15. LOCAL BOARDS. 2. The appointment of members of the local board shall be made not later than the third regular meeting of the council after its organization, and the names of the appointees shall be forwarded immediately to the Provincwl Board, and any vacancy arising from any cause shall be filled at the first meeting of the coim^cil thereafter. 3. The local board in every city, town, village or rural munieipaUty shall hold its first meeting within two weeks after appointment, and shall elect a dba^man and (except in villages or rural municipalities) a secretary, and ahaJl immediately forward the names of the appointees to the Provincial Boa*d. 4. A majority of the members of a local boaMl ^all be a quorum for the transaction of business. 6. In every city, town, village or rural municipality a minijte book shall be provided by the local board in which the secretary shall record the pro- ceedings of such board. 6. The local board in every city, town, village or rural municipality shall on or before the third day of each month transmit to the Provincial Board a return showing the number of cases of notifiable disease in its district durijag the month next preceding, together wjth such additiona.1 information as may from time to time be required other than those diseases mentioned in Reeu- lation 18. 7. The medical ofiicer of health in every city or town shall present to the local board, not later than the fifteenth day of December ia each year, a full report upon the sanitary condition of such city or town for the preceding twelve months. 871 1910 Gap. 17 PUBLIC health (2nd Sees.) 8. The secretary of every local board shaU make a report to the Provincial Board on the work of the local board whenever requested by the said Pro- vincial Board, and also annually for the twelve months precedmg the fifteenth day of December, and such annual report shall contain a copy of the annual report of the medical ofiBcer of health to the local board, and shall be forwarded to the Provincifil Board not lateif than the said fifteenth day of December in each year. 9. It shall be the duty of the medical officer of health to advise the local board in matters relating to public health, and to secure the enforcement and observance of all health laws within his health district, and to perform such other duties and lawful acts for the preservation of the public health as may be necessary. 10. The engineer of every health' district shall make a report to the Pro- vincial Board on the condition and operation of all waterworks, sewerage and sewage disposal works, refuse destructors and any other sanitary works which may exist in such health district whenever so ^requested by the said Provincial Board, and also aimuaUy for the twelve months preceding the fifteenth day of December, and such annual report shall be forwarded to the Provincial JBoard not later than the said fifteenth day of December in each year. 11. Every local board shall appoint and maintain one or more executive officers for the carrying out of the provisions of The Public Health Act and these regulations, and if the number at any time appointed is not sufficient for any circumstances that may arise the local board shall make the necessary additional appointments. 12. Any executive officer under warrant from a local board may enter into and upon any house or premises for the pvupose of making inquiry and examination, with respect to the said house or premises. 13. Any executive officer, on order of the local board, may enter iato and upon any premises within its district and examine such premises. (2) If upon examination he finds that the premises are in an unsanitary condition, or any matter or tlung therein which, in his opinion, may endanger the pubKo health, the local board may order the owner or occupant of the premises, in writing, to abate such xmsanitary condition. 14. The executive officer of any local board, at any horn: of the day or night, as often as he thinks necessary, may enter into any house which he has reason to suspect is overcrowded or occupied by more people than is reasonably safe for their health, or if he has reason to suspect that any sleep- ing room in such house is overcrowded or in an imsanitary state, or that there is any matter or thing therein which may endanger the public health or the health of any of the occupants thereof, then such executive officer may order the owner or occupier of the said hbuse to remove the inmates therefrom, or that which causes the house or any part thereof to be imsani- tary or overcrowded. 15. Wherever a local board has any authority to direct that any matter or thing shall be done by any person, such local board may, in default of its being done by said person, direct that such matter or thing shall be done at the expense of the person in default, and in case of nonpayment thereof the council, under the direction of the local board, may recover such expense on behalf of the health district in any court of competent jmisdiction, or may assess the amount thereof against the person liable therefor, and such amount so assessed shall be collectable as taxes. CONTAGIOUS AND INFECTIOUS DISEASES, QUARANTINE, ETC. 16. Whenever a householder ascertains or has reason to suspect that a person within his family or household is infected with any of the following notifia,ble diseases, namely: Smallpox, chickenpox, diphtheria, scarlet fever, typhoid fever, measles, German measles, whooping cough, mumps, puerperal fever, ophthalmia-neonatorum, pulmonary tuberculosis, glanders, cholera, erysipelas, anthrax, bubonic plague, rabies (which produces the disease in 872 PUBLIC HEALTH Cap. 17 1910 (2&d Seas.) man named hydrophobia), polio-myelitis (infantile paralysis), or cerebro- spinal meningitis, he shall within twelve hours give notice in writing as follows: (o) In cities, towns, villages or rural municipalities to the local board. (6) In distncts organized under The Local Improvement Ad to the Provincial Board. 17. Whenever any physician ascertains or has reason to suspect that any person whom he is called to visit or examine is infected with any of the foUowing notifiable diseases, namely: Smallpox, chiokenpox, diphtheria, scarlet fever, typhoid fever, measles, German measles, whooping coug^, mumps, puerperal fever, ophthahniar-neonatorum, pulmonary tuberculosis, glanders, cholera, erysipelas, anthrax, bubonic plague, rabies (which pro- duces the disease in man named hydrophobia), polio-myeUtis (infantile paralysis), or cerebro-spinal meningitis he shall communicate such fact or suspicion to the householder and he shall within twelve hours give notice thereof, according to schedide P, in writing, as follows: (o) In cities, towns, villages or rural municipalities to the local board, (b) In districts organized under The Local Improvement Act to the ProviDcial Board. 18. The local board in every city, town, village or rural municipaUty shall within twenty-four hours give notice in writing to the Provincial Board of any case of smallpox, diphtheria, scarlet fever or typhoid fever which has appeared within its district. 19. Whenever the local board in cities, towns, villages or rural munici- palities receives notice or ascertains the ejostence of smallpox, chickenpox, diphtheria, scarlet fever, polio-myelitis, cholera, cerebro-spinal meningitis or bubotiic plague in any house, it shall forthwith cause to be afiixed near every entrance to such house, a placard whereon is printed in legible capitals of not less than two inch tjrpe, the name of the disease with which such house is infected and the word "Quarantined." The householder shall keep such placards affixed until the house is released from quarantine, as provided in these regulations. (2) The house shall be considered imder quarantine from and after the time when a householder ascertains or has reason to suspect that a person within his family or household is infected with any of the diseases in this section mentioned, or a physician ascertains or has reason to suspect that any person whom he is caUed to .visit or examine is so infected notwithstand- ing the fact that the existence or suspected existence of any of the said diseases has not then been reported, nor notice given thereof, nor placard affixed as in this or the following section provided. 20. Whenever a householder ascertains or, has reason to suspect that a case of smallpox, chickenpox, diphtheria, scarlet fever, polio-myeUtis, cholera, cerebro-spinal meningitis or bubonic plague occurs in any house in any district organized under The Local Improvement, Act, the householder or the physician in attendance shall forthwith affix near every entrance of such house, a placard bearing in legible capitals of not less than two inch type, the name of the disease with which such house is infected and the word "Quarantined." The householder shall keep such placards affixed until the house is released from quarantine, as provided in these regulations. 21. Whenever the word "Quarantine" or "Quarantined" is used in these regulations in connection with the existence of any contagious or infectious disease in any house, or on any placard affixed on the house near any entrance to such house, it shall mean that such house, the inmates and contents thereof, shall be subject to the provisions of these regulations for such contagious and infectious disease, and to the following restrictions: (2) No person therein shall leave, nor shall the contents thereof be removed from any such house, nor shall such person hold any communication that might result in spreading infection with any person outside such house; no person ■ shall enter such house except attendants, until such house, inmates and con- tents have been properly disinfected and released from quarantine. (3) Provided that on complying with these regulations in respect to disinfection, any person or article exposed to smallpox, chickenpox, diph- theria, scarlet fever, poUo-myelitis, cholera, cerebro-spinal meningitis or 873 1910 Cap. 17 PUBLIC HEALTH (2nd Sesa.) bubonic plague may leave or be removed from such house if satisfactory reasons are given to, and on securing permission in ■writing from — (a) The looai board in cities, towns, villages or rural municipalities. (6) The Provincial Board in districts organized imder The Local Imjirove- ment Act. (4) Provided further, that any inmate of any infected house may do whatever may be necessary to prociu:e medical or other aid in any emergency. (5) No person infected with smallpox, chickenpox, diphtheria, scarlet fever, measles, German measles, cholera, cerebro-spinal meningitis or bubonic plague shall leave any house except with the written consent and under the direction of the local board in a city, town, village or rural municipahty, or of the Provincial Board or its executive oflScer in districts organized under The Local Improvement Act. 22. Whenever a case of measles, German measles, anthrax, glanders, typhoid fever, mumps or whooping cough in its acute stage occurs in any house such house shall be placed under "Modified Quarantine." 23. Whenever the term "Modified Quarantine" is used in these regula- tions in connection with the existence of any case of measles, German measles, anthrax, glanders, typhoid fever, mumps or whooping cough in its acute stage in any house or on any placard afiSxed to a house near any entrance to such house, it shall mean that such house and the inmates thereof shall be subject to the following restrictions: (2) The patient shall be isolated therein from the other inmates, if possible in a separate room, imtil released from modified quarantine. (3) A placard shall be affixed to the house by the local board in cities, towns, vUlages or rural municipalities, or by the householder or the physician in attendance in districts organized under The Local Improvemeni Act, whereon is printed in legible capitals of not less than two inch type the name of the disease with wmch such house is infected and the words "Modified Quaran- tine." The householder shaU keep such placards affixed until the house is released from modified quarantine. (4) Provided that the local board or the Provincial Board may at any time, if it deems necessary, place under "Quarantine" any house which may have been placed under "Modified Quarantine." 24. Whenever a house has been quarantined or placed under modified quarantine, if situated in a city, town, village or rural municipality the local board on the removal or termination of the case shall direct and see that these regulations as to disinfection are properly carried out and shall raise the quarantine. If situated in a district organized under The Local Improve- ment Act the Provincial Board or executive officer under its instructions shall perform such duties: Provided that when a houpe has been i>laced imder modified' quarantine and the patient isolated in one room therein, the person responsible for the modified quarantine may at his discretion order the disinsection of that room only. 26. In every city, town, village or rural municipality the local board shall perform aU disinfection imder these regulations. 26. Where not otherwise provided the expense of disinfection in a city, town, village or rural municipality shall be borne by the city, town, village or rural municipahty, and in a district organized under The Local Improve- ment Act by the Provincial Government. 27. The local board in cities, towns, villages or rural municipalities, and the Provincial Board in districts organized xmder The Local Improvement Act may issue a written order for the destruction of any bedding, clothiiig or other article which has been exposed to infection. 28. The owner or person in charge of any vehicle shall not after the entry into same of any person infected with a contagious or infectious disease, allow any other person to enter same without having disinfected said vehicle under the direction of the local board. 29. Every person shall wear an outside suit of overalls or other suitable covering to protect the whole of his clothing when attending any patient 874 PUBLIC HEALTH Cap. 17 . .1910 (2nd Seaa.) suffering from smallpox, scarlet fever or diphtheria, and immediately after such attendance he shall disinfect all exposed parts including hands, face, hair and footwear with a solution of bichloride of merciuy. 30. Ko person shall let or hire any house or room therein in which con- tagious or infectious disease has recently existed, without having caused the house and premises to be disinfected by the local board. 31. Whenever any local board receives notice that a case of typhoid fever exists in any house, it shall at once fiurnish the householder with written instructions for the special disinfection and disposition of the discharges from the patient, and such instructions shall include the following: (a) The sputimi and discharges from the nose and throat shall be received on cloths which shall be immediately burned; (6) All discharges from the bladder and bowels shall be received in a vessel containing sufficient quantity of a solution of bichloride of mercury of a strength of two drachms to a gallon of water, or a solution of chloride of lime, five oimces to one gallon of water to cover them, and the contents of such vessel shall be thoroughly mixed and shall stand for a period of two hoius before being dis- charged into the sewer or otherwise disposed of; (c) The nurse or other attendant after handling the patient shall cleanse his' hands with a solution of bichloride of mercury of a strength of at least one drachm to one gallon of water; (d) AH towels, bed linen, clothing and other materials soiled by the discharges from the patient shall be immersed in a solution of bichloride of mercury of a strength of two drachms to one gallon of water, or a solution of carbolic acid eight oxmces to one gallon of water, or a solution of chloride of Ume five ounces to one gallon of water, for onp hour, and then boiled before being used again. 32. Where a local board is required or authorized to disinfect any person or thing, or to isolate any person, such board may employ such assistants and force as it may think necessary. 33. Whenever a case of smallpox occurs in any city, town, village or rural municipaUty the local board shall — (a) At once have the patient removed to an isolation hospital, tem- porary hospital or hospital tent; (b) Prbvide for proper isolation, nursing, medical and other attendance; (c) Provide the necessaries required for the case; (d) Disinfect the house and premises where the case arose or broke out, and the clothing and every other article exposed to infection, or if necessary, may cause the destruction of same; (e) Disinfect every article, railway car, steamboat, carriage, or other vehicle which may be exposed to infection; (/) Detain said patient in such isolation hospital, temporary hospital or hospital tent until desquamation is complete and Ins skm is smooth, and he shall then be disinfected and released. (2) The local board in every city, town, village or rural municipality shall provide a "detention station," which shall be an isolated building, tent or tents properly and comfortably equipped, and shall provide the necessary medical attendance, medicine and nursing. (3) The local board shall place in such detention station every penson who has been exposed to infection and who has never been vaccinated, shall cause him to be vaccinated and if such vaccination be done within four days of such exposure and takes successfully, he shall then be disinfected and discharged. If such person be not vaccinated within four days of exposure he shall be detained therein for sixteen days and shall then be disinfected and discharged. (4) If the person so exposed satisfies the local board that he has previously been successfully vaccinated and revaccinated, he shall be disinfected and discharged. (5) If the local board is satisfied that the said person has been vaccinated successfully he shall be revaccinated, disinfected and discharged: Provided that if such person has been vaccinated within the preceding twelve months, the local board may dispense with the revaccination: Provided further that if such a case occurs or brealfis out in any private house and any person exposed thereto, who has never been vaccinated, 875 1910 Cap. 17 PUBLIC HEALTH (2nd Seas.) prefers to remain quarantined therein at his own expense, he shall be allowed to do so at the discretion of the local board on the same conditions as a person who is placed in the detention station. (6) Any person refusing to comply with the regulations as to revaccination shall be removed to the detention station and detained there at his own expense for the fuU period of quarantine, then disinfected and discharged. (7) For the purposes of these regulations a previous attack of smallpox shall be equivalent to successful vaccination. (8) Whenever the Medical Officer of Health in any city or town, or the physician employed by the local board in any village or rural municipality is in doubt as to the diagnosis of a case of suspected smallpox, he shall quar- antine the house and isolate the case in the house, if possible, until the diagnosis is made. 34. The Provincial Board may order that vaccination and revaccination shall be compulsory within the limits of any specified locality within the province. 35. Every local board shall at all times keep in its possession a sufficient supply of vaccine. 36. Any person, parent or guardian, being a bona fide resident of any city, town, village or rural muniqipality, who is unable to bear the expense of being vaccinated or revaccinated, or of having his children vaccinated or revaccinated, may apply to the local board for free vaccination and shall be entitled to such free vaccination by its Medical Officer of Health, provided the claim of inability to bear the expense is satisfactory to the local board. 37. Upon and immediately after the successful vaccination of any child, the medical practitioner who performed the operation shall deliver to the father or mother or other person having the care of said child a certificate according to schedule K. 38. Any executive officer under the direction of the local board may enter in and upon any house or premises in which there exists or is suspected to exist any contagious or infectious disease, for the purpose of making inquiries and examination with respect to the existence of any such disease, and may deal with any person or article found theran infected with any of the said diseases according to the provisions of these regulations. 39. No person delivering bread or milk to any house which is under quar- antine or modified quarantine shall permit any article used in the delivery of such to be taken into the house. 40. No hoiiseholder in a house, which is under quarantme or modffied quarantine, shall permit any tickets, checks, coupons or other devices used by vendors in exchange for bread or milk to issue from such house. 41. When a house is quarantined the local board shall see that, where it is necessary, there is a person to do the outside service for the wants of those who regijde ia such house. The person in charge of such service shaU not enter the house, but shall take orders verbally at a distance, and deposit near the entrance of such house everything he brings there. The services of such person, as weU as everything he is ordered to bring, shall be supplied at the expense of the head of the house so quarantined, excepting in a known case of poverty, when such services, as weU as the necessaries of life, shall be furnished at the expense of the dty, town, village or rural municipality, or in districts organized under The Local Improvement Act at the expense of the Provincial Government. 42. No person shall lease any house infected by a contagious or infectious disease without having it disinfected in the manner prescribed in schedule F, and no person shall sell, give, loan or expose for sale, clothing or other articles, infected by contagious or infectious disease, without Wving dis- infected them in the manner described in the schedules D and E, and such clothing or other artjicles shall not be removed from the house or premises before djisinfectiion, without written permission from the local board. 43. In case infectious or contagious disease bre^^ out in any city, town, village or rural municipality, the local board may (in case a temporary hospital 876 PUBLIC HEALTH Cap. 17 1910 (2nd Seas.) or hospital tent shall not have been already provided) immediately provide such temporary hospital, hospital tent or other place forthe person infected, as it shall deem proper, at the cost of the city, town, village or rural muni- cipality. 44. No building used as a permanent isolation hospital shall be nearer than one hmidred yards to any inhabited house; nor shall any land annexed to such isolation hospital within twenty yards of its boundaries be used as a recreation groimd for convalescent patients. 46. When any part of the province becomes exposed to contagious or infectious disease owing to the existence of same in any place outside of the province, the Provincial Board may prohibit all ingress to the province therefrom for a period to be named in such order. , 46. In any dispute as to the diagnosis of any communicable disease, the decision of the Provincial Board slmll be final. 47. When not otherwise provided, whenever a case of contagious or infectious disease occiub in any hotel, the local board shall immediately quarantine said hotel, remove therefrom the person infected -and provide for him as hereinbefore mentioned. Said hotel shall then be disinfected and quarantine raised as provided under the regulations relating to "Quar- antine." 48. The local board in every city, town, village or rural municipality shall provide a conveyance for the removal of any person suffering from contagious or infectious disease therein. 49. In any city or town where an isolation hospital is pMmanently main- tained, a conveyance shall be permanently maintained for the transporting or removing of all cases of contagious and infectious disease, and such con- veyance shall not be used for any other purpose after having been so used, and the same shall be disinfected under the supervision of the local board after each such case. 60. In any city, town, village or rural mimicipaUty where an isolation hospital is not permanently maintained, any conveyance used for the purpose of transporting or removing any person suffering from any contagious or infectious disease shall be disinfected under the supervision of the local board after each such use. ^ 61. In case it may be necessary to disinfect a railway car or steamboat, the disinfection shall be carried out imder the direction of the local board, but at the expense of the railway or steamboat company respectively. 52. The local board in every health district shall provide each medical practitioner with blank forms on which to report every case of contagious or infectious disease he attends, and said blame forms shall be as shown in schedule P. 53. No person shall work or require, permit or suffer any other person to work in his bakeshop or latmdry who is affected with pulmonary tuber- culosis, scrofula or with any venereal or any communicable disease. 54. No Chinese laundrjonan nor other person shall dampen linen or other articles of clothing by spraying upon same water emitted from his mouth. RESIDENCE. 56. For the purposes of The Public Health Act, and these regulations, three months' residence in any city, town, village or rural municipality by any person shall constitute bona fide residence of such city, town, village or rural municipality. COMPENSATION. 56. In the event of any property being destroyed under the provisions of The Pvblic Health Act or these regulations, the owner thereof shall be paid 877 1910 Cap. 17 PUBLIC HEALTH (2nd SesB.) reasonable compensation therefor, by the city, town, village or rural muni- cipality in which such property was at the time of destruction; and if said property was outside of a city, town, village or rural municipality the same shall be paid by the Provincial Government. 67. In the event of the owner and the city, town, village, rural municipality or government failing to agree on the amount of compensation mentioned in regulation 56, the same shall be fixed by the judge of the District Court in whose district said property was at the time of such destruction, and application may be made in a summary manner to said judge to fix said compensation. ACQUIRING LAND. 58. In case of actual or apprehended outbreak of any contagious or infectious disease, possession of any land or building may be taken by any local board for the purposes of public health and the suppression and midga/- tion of disetise, with or without the consent of the owner or tenant thereof, and the samermay be retained and occupied for such period as may appear necessary to the said board. 69. Where possession is taken, as in the preceding regulation mentioned said locaJ board shall within five days thereafter give notice thereof to the owner or tenant, such notice to be according to the form contained in schedule , N, or to Hke effect. In the event of any owner or tenant not being within the Province of Alberta, or if his whereabouts therein is unknown, such local board shall cause the notice to be published for two insertions in some newspaper published in the locality, and shall mail to the' last known address (if any) of the owner a copy of the notice by registered letter, and such pub- lication and mailing shall be sufficient notice to the owner. 60. Where under these regulatifans any land or building is taken for the use of any city, -town, village or rural municipality the owner or tenant of such land or building shall be entitled to such compensation for use and for damages, if any, which may arise therefrom as may be agreed upon between the councU of the city, town, village or rural mimipipaUty and the owner or tenant, and in case they faU to agree the compensation and the terms of payment may be summarily determiped and settled by a judge of the District Court. 61. When any resistance or opposition is made to possession being taken of any land or building under these regulations, a Justice of the Peace may issue his warra,nt to any person named in such warrant requiring him to put the local board or its agents in possession of such land or builc^g. 62. No buildings to be used for any of the purposes mentioned in regula- tions 58 to 61 botli inclusive shall be nearer than one hundred yards to any inhabited house. SCHOOLS. 63. When a case of communicable or contagious or infectious disease exists in any house, any inmate of which attends school, the householder shall, within eighteen hours of the time such disease i^ known to exist, notify the head or other teacher of such school or schools of the exaptence of such disease; and no inmate of such house shall attend school until a certificate has been obtained from the local board in cities, towns, villages or rural municipalities, and from a registered medical practitioner in districts organized under The Local Improvement Act, that infection no longer exists in said house and that the house, inmates, clothing, and other effects have been satisfactorily disinfected; and until such certificate shall have been obtained it shall' be the duty of every inmate of the house and of the teacher to use all reasonable efforts to prevent the association of the inmates of the said house with other children. 64. When the local board ip cities, towns, villages or rural municipalities is aware of the existence in any house of any communjtpable or contagious or infectious disease, it shall at once notify the head or other teacher of the school or schools at which any inmate of said house is in attendance, and if 878 PUBLIC HEALTH Cap. 17 1910 (2nd SesB.) any inmate has been exposed to said disease the teacher shall forthwith prevent such further attendance until such inmate presents a certificate stating that infection no longer exists, as hereinbefore provided. 65. When the head or other teacher in any school suspects that any pupil has a communicable or contagious or infectious disease, or that said disease exists in the house of any pupil, he shall forthwith notify the local board and the parent or guardian of such pupil, and until a medical certificate is produced that such disease does not exist in said house such pupil shall, not further attend said school. 66. When the provincial board or local board orders the closing of any school for the purpose of preventing or checking the spread of any contagious or infectious disease, said school shall not be re-opened until ordered by said board. 67. No person suffering from pulmonary tuberculosis shall teach in any school. 68. On and after the first day of January, 1912, no pupU shall be admitted to any school unless and until he produces evidence of successful vaccination: Provided that ip rural districts this regulation shall not apply, where by reason of distance from inedical attendance its enforcement would work a hardship. 69. Regulation 68 shall not apply to any pupil who produces a certificate according to schedule L, from a medical practitioner, countersigned by the chairman or executive oflBcer of the local board of health, that vaccination may be injurious to the health of the pupil or a certificate according to schedule M, that said pupil is not susceptible to vaccine inoculation. The certificate mentioned in schedule L shall- be valid only for three months from date of issue. The certificate mentioned ia schedule M shall be valid^only for twelve months from date of issue. (2) The parent or guardian of any pupil who has been refused admittance to any school for non-compliance with regulation 68, shall cause said pupU to be vaccinated within fifteen days after said refusal, and the parent or guardian who fails to comply with this regulation shall be guilty of an offence under these regulations: Provided that no such parent or guardian shall be liable to punishment if he produces the certificate mentioned in regulation 69. FOOD AND DRINK. 70. No person shall cut or store any ice to be sold or delivered within any city, town, village or rural municipality without first receiving a written permit from the local board, and said permit shall certify that the proposed source of the ice supply has been inspected and approved, and no ice cut or stored without such permit shaU be sold in any city, .town, village or rural municipality. 71. No person shall sell or offer for sale as food for man, any of the follow- ing: Food which is injured, tainted or spoiled, the flesh of animals which have died of sickness or have been killed while sick, the fiesh of calves, swine or lambs killed before they are three weeks old, adulterated milk, or milk from cows affected with tuberculosis or any other disease, adulterated or impure food or drink of any kind. 72. Every executive officer may inspect any animal, dead or alive, meat, fowl, game, fruit, vegetables, grease, bread, fiour, milk or other food or drink intended as food for man, offered for sale, or deposited in a place, or being transported in a vehicle for the purpose of being afterwards sold or offered for sale or deUvered after being sold; and if, upon inspection, such animal, food or drink is found to be unwholesome, putrid, damaged or infected with the germs of disease, or in any condition such that if used for human consumption they would cause an injury to health, he may seize the same, c^irry them off and dispose of them so that they shall not be offered for sale or serve for human consumption. 879 1910 Cap. 17 • PUBLIC HEALTH (2nd Seas.) 73. In auy prosecution under regulation 72 the onus will be on the person charged, that such animal, food or drink was not intended for the food of man. 74. No meat, breadstuff, cake, pastry, fruit, fish, candy, confectionery^ or any other article whatever, whether solid or liquid, intended as food for man, shall be kept, sold or offered for sale outside of any store, shop or other building, or in the open doorways or windows thereof, or in any street or public place, unless such article of food shaU be kept properly covered so that it shall be protected from dust, dirt and flies, and all vehicles used for the delivery or conveying of any article intended as food for jnan shall be kept clean, and all such food shall be properly protected from flies, dust or other contamination by suitable covering. ABATTOIRS. 74 (a) (1) In every city, town or village wherein a municipal abattoir is provided, no person shsdl sell or offer for sale any meat from an animal which has been killed elsewhere than in such municipal abattoir. (2) Every city, town or village providing a municipal abattoir shall also provide in conjimction therewith adequate cold storage. (3) Notwithstanding anything contained in clause 1, any bona fide farmer not engaged m the butcher business, may sell or offer for sale the meat of any animal which has been killed by him or his employees on his own farm. (4) No farmer shall sell or offer for sa^e in any city, town or village, the meat of any animal IdUed by him or his employee, on or off his own farm, after having received notice in writing from the local board of health of the city, town, or village, that such selling or offering for sale on the part of the farmer is forbidden. (5) In every city, town or village wherein no municipal abattoir is provided, the slaughter houses from which the meat supply for the same is obtained shall be periodically inspected by the executive officer of the local board of health of such city, town or village. (6) No person shall sell or offer for sale in any city, town or village, any meat from an animal which has been killed in any slaughter house which after inspection has been declared in writing by the local board of health of the city, town or village to be insanitary or a menace to public health. DAIRIES AND MILK. 75. The expression "Dairy" shall include any farm, farmhouse, cow- shed, nulk store, milk shop, or other place from or in which milk is supplied or is kept for the purpose of sale, any vehicle used for the delivery or con- veying of milk. 76. The expression "Dairyman" shall include any person who keeps one or more cows from which milk is offered for sale, any purveyor or vendor of milk. 77. The local board of every city, town or village shall cause every cow kept for the purpose of public milk supply to be inspected as to its general health, and in addition the said board shall provide for the testing of every such cow by "Tuberculin" by an executive officer at the expense of said board. 78. Any cow whose temperature after injection of tuberculin does not exceed 103 degrees (Fahrenheit) shall be classed as "Healthy," unless clinical ' symptoms of tuberculosis are present. (2) Any cow showing a temperature after the injection of 104 degrees (Fahrenheit) or over shall be classed as " Tuberadous," and every cow which has so reacted to 104 degrees (Fahrenheit) or over shall be immediately isolated from the milking herd, and shall not be allowed to return to any milking herd of cattle. (3) Any cow whose temperature after the injection does riot' reach 104 degrees (Fahrenheit), but rises above 103 degrees (Fahrenheit), shall be 880 PUBLIC HEALTH Cap. 17 1910 (2nd Sesa.) classed as "Sitspieious," and shall be isolated from the milking herd (unless some extenuating circumstances account plainly for the rise), until the executive oflScer of the local board' is satisfied that the animal is not tuber- culous and issues a written permit to the owner allowing said animal to retiun to the milking herd. 79. In the testing of any cow for tuberculosis every local board shall use the tuberculin which is furnished free to the owner of the cattle by the Health of Animals Branch, Department of Agriculture, Ottawa, under the con- ditions prescribed by the Veterinary Director General from time to time in The Animal Contagious Diseases Act or regulations, or order made there- under, and every owner when instructed by the local board shall make application for the tuberculin as aforesaid. 80. No person shall sell or offer for sale any milk from a cow affected with tuberculosis or any other disease, nor shall any person use, give away, trade or otherwise dispose of such milk. 81. Any executive officer may enter in and upon any cow shed, dairy or other building, farm or dairy yard or other place used by any dairyman, and inspect the said premises, the cattle therein or thereon, and may use at such inspection the "Tuberculin" test or such other test as he may deem necessary or expedient, and he may also inspect the stables and premises and all appliances and milk vessels used therein. (2) The tuberculin test may be employed in all cases, not only with cows giving or intended to give milk for sale as aforesaid, but also with any cattle which are kept within close communication with such cows or any of them. 82.- The keeper of any dairy supplying milk in any city, town or village shall obtain a written permit from the local board before he may sell any milk within the boundaries of such city, town or village, or before he may sell any Tnilk from such dairy for the purpose of its being resold therein by any other person. 83. No person shall sell or supply any milk diluted with water, or in any way adulterated, or Tnilk from which any cream has been taken, or milk commonly known as "skimmed milk," nor shall he keep back any part of the milk known as "strippings," nor knowingly seE or supply to any person milk that is tainted or partly sour; provided, however, that this shsdl not prevent the sale of "skimmed milk" by any person if the fact that the same is skimmed milk is made known to the person to whom such Tnillr is sold. 84. No person shall use a dairy as a sleeping place, nor for any purpose incompatible with the proper preservation of the cleanhness of the dairy, and of the milk vessels, and the milk therein, nor in any manner likely to cause contamination of said milk. 85. No dairjrman or other person infected with a communicable disease, or who has recently been in contact with a person so infected, shall milk cows or handle milk vessels or containers, nor shall he in any Way take part or assist in the business of a dairyman, in the production, handling, distribu- tion or storage of inilk, until a certificate has been obtained from the local board that no infection or danger therefrom exists. 86. Every person who is engaged in the business of a dairyman shall keep all cans or other containers used in and about the handling of miUc, and aU refrigerators or compartments, or other places where mil> is kept, stored or handled, in a clean condition and free from the contamination of any article or thing likely to contaminate or injuriously affect the quality or sweetness of the milk, and shall also cause all cans and other receptacles in which milk ia kept to be washed clean and sterlized with boiling water or live steam before being used again, and shall cause all pouring cans, dippers, or other vessels used in and about the ■peddling or vending of milk, to be scalded or sterih'zed daily, or oftener, if required by the local board, and shall cause all bottles or jars in which milk is sold, offered for sale, or delivered, to be washed clean, scalded or sterilized after each such sale or delivery, and before being used again. 87. Mi^ kept for sale jp any store, shop, restaurant, market, bakery or other establishment shall at all times register on test, a temperature not 881 1910 Cap. 17 PUBLIC HEALTH (2nd Sess.) higher than 50 degrees (Fahrenheit) ; and shall be stored in a covered cooler, box or refrigerator; no vessel contaijning mjlk for sale shall be allowed to stand outside said cooler, box or refrigerator, except while a sale of said rmlk is being made, and every such cooler, box or refrigerator shall be pro- perly drained and cared for, and shall be kept tightly closed, except during such intervals as are necessary for the introduction or removal of milk or ice, and the same shall be kept only in such locations and under such con- ditions as shall be approved by the local board. 88. The water iised for watering cattle and for washing the milk utensils shall be free from contamination. 89. A milk house shall be provided which is entirely separate from the stable and the dwelling house, and it shall consist of two parts, one. for the cooling and storing of the milk, and the other for the cleansing and sterilizing of all pails, cans, receptacles, strainers or other appliances by boiling water or live steam. 90. Every milk house shall be kept clean and frequently lime-washed throughout, and shall not be used for any purpose except for the handling of milk; it shall be provided wiih screen doors and windows in order to exclude flies and other insects, and shall not be constructed within fifty feet of any privy, manure heap, or anything else liable to contaminate milk. 91. All vehicles used for the delivery or conveying of milk shall be kept dean, the milk and milk containers conveyed therein properly protected from flies, dust or other contaniiination, and shall not be used for hauling any swill, garbage, manure or other offensive material. 92. Every person who sells or purposes to sell milk for use in any 'city, town or village, shall first obtain a license from the local board. 93. Every vehicle used for the delivery of milk shall have attached to same the license number of "the dairyman which shall be supplied by the local board. 94. Any local board may suspend a license for noncompliance with the provisions of these regulations. 95. No person shall sell, offer for sale, or deliver any skimmed milk con- ta^ng less than djght and one-half per cent, of total solids, nor less than one per cent, of butter fat. 96. Milk other than skimmed milk, intended for sale shall have the follow- ing minimum composition — (a) Specific grayity not less than 1027. (6) Fat not less than 3 per cent. (c) Solids, not fat, 9 per cent. (d) Total solids 12 per cent. 97. Cows milk containing water in excess of 88 per cent, shall be an adulteration. 98. All vessels or containers for holding milk shall be of metal, glass or glazed earthenware, arid large Ttiillr cans provided with a faucet for house to house delivery shall not be used. 99. Any mi,k vendor or person delivering millr to customers sha,||l, upon request by the local board or any executive ofiicer, permit a sample or samples of milk being so delivered, or iptended to be delivered, to be taken for exami- nation upon payment or tender of the value of such sample or samples, and such vendor or person delivering milk may, at the time of taking of such sample or samples, require the person taking the same to geal up and deliver to hjm a similar sample or samples taken from the same vessel or vessels, , and upon request therefor the same shall be sealed up and delivered to him. 100. Milk found to he adulterated, below sj;andard or imfit for human food, shall by the addition of some odorous substance or colouring matter be denatured forthwith! 101. Every dairy cow shall be kept clean. 882 PUBLIC HEALTH Cap. 17 1910 (2nd Sees.) 102. -In every dt^y stable there shall be a sufficient number of windows for lis adequate ligh^g and ventilation; the floors shall be soiuid and well drained, and the mangers, stall pajrtitions, walls and ceil^gs shall be kept clean and whitewashed at least once every six months. 103. Drinldng troughs or individual drinking basins used for the watering of cows, shall be frequently drained and cleaned. 104. Manure shall be removed from the stalls and gutters not less than twice a day, but hot within two hours preceding the commencement of milking. 106. Horse mamu'e shall not be used for bedding. 106. In order to prevent dust from settling in the milk, dry fodder shall not be fed to the cows during or just before milking. 107. Maniu« shall not be allowed to unreasonably accumulate in the barn yard,' nor shall it be pUed against ^e stable. 108. No privy shall be allowed within fifty feet of any stable or well. 109. The hands or teats shall not be moistened with milk when milking any cow. 110. Milk strainers shall be kept clean, and scalded before using, and if cloth strainers are used several of them shall be provided in order that they may be frequently changed during the straining of the milk. 111. The pails used for milking shall have as small an opening as can be conveniently used in order to minimize the collection of dust. 112. No can or other utensil for containing or handling milk shall be washed in water in any trough or other receptacle from which any animals are allowed to drink. 113. No pails, cans, utensils, receptacles or other articles used in the dairy, and no milk intended for sale shal,! be taken into the dwelling house. 114. Milk from diseased cows shall not be used or sold. 116. AH millf shall be strained in the milk house. 116. AU Tnilk shall be cooled to a temperature of 55 degrees (Fahrenheit) immediately after being drawn, and kept thereafter below that temperatiu'e. 117. No dairyman or other person shall use any preservative or colouring matter in any milk. 118. The first few streams from each teat (which contains the most bac- teria) shall not be received in any pail or other milk vessel. 119. No milk drawn from any cow 30 days before or five days after calving shall be sold or used as food for man. 120. Milk from cows suffering from violent and constant diarrhoea shall not be sold or used as food for man, and milk of cows suffering from any septic discharges from vulva due to retained after-birth, shall not be mixed mth healthy milk, or used as food for man, and such irfected cows shall be removed from the milking herd. 121. Regulations 75 to 120; both inclusive, shall apply to dairies and dairymen only. NUISANCES. 122. The following are hereby declared to be nuisances: (2) Any well or other water supply, or any ice to be used for drinking purposes which ia or has been contaminated, either directly or indirectly, by sewage, garbage or other offensive matter; 883 1910 Cap. 17 PUBLIC HEALTH (2nd Seas.) (3) Any property, building, -house or premises which- may be rendered injurious to the health of the inmates,, either by faulty construction or by being unsanitary or overcrowded; (4) Any house, school, workshop, factory, work place or premises not kept in a clean stat? or not ventilated in such a manner as to render harmless and inoffensive, as far as is reasonable, any gas, vapor, smoke, dust or other impiirities, or so overcrowded as to be dangerous to the health of the inmates thereof; (6) Any pool, stagnant water, ditch, watercourse, urinal, wateroloset, earth closet, house drain, sewer, refuse receptacle or cesspool, improperly constructed or in an oJEfensive state or injupijous to health; (6) Any privy-pit, in cities or towns, Tinless such pit is properly constructed of concrete or of brick hned with cement, so as to be nonporous; . (7) Any discharge into pubhp sewers of gas , from chemical substances or any discharge of chemical substances or their residues, if injurious to health; (8) Any accumulation or deposit of vegetable or animal matter which may be injurious to health; (9) Any dairy, cowshed, stable, pigsty, poultry yard, slaughter house, abatto^, stock yard, stock pen, or other place which is imsanitary; (10) Any cemetery or vault therein, which may be injurious to public health by its location, drainage, over-crowding or other improper condition; (11) Everything declared in writing by the Provincial Board or a local board, to be a nuisance or to be injurious to public ^health. 123. A complaint that a nuisance exists in or upon any bxiilding or land in a health district or that the same are in an unsanitary condition, may be made to the local board by any person affected thereby. 124. Upon receiving a complaint the local board shall forthwith inquire into the matter. 125. When a local board becomes aware of the existence of a nuisance or that any land or building is from any cause whatever in an unhealthy or unsanitary condition, it shall give notice in writing to the person respon- sible therefor, or to the owner or tenant of such land or building to abate same according to said notice, and if said conditions exist through no fault of the tenant, the owner shall be responsible therefor. (2) If the medical officer of health of any city or town, upon due exami- nation, is satisfied that any house has for any reason become or is unfit for the purpose for which it is used, or that it has become a nuisance or is in any way a menace to the health of any occupant thereof or of any person residing in the vicinity thereof, the medical officer of health of the city or town wherein the same is situate may issue a notice addressed to the owner of such premises or the agent or person in charge of the same, or any of them, requiring such premises to be put in proper sanitary condition, including the addition and installation of proper sanitary appliances within a stated time, and pending such alterations the local board may require the occupants thereof to quit the premises within such time as the board may deem reason- able. (3) If the owner, agent or occupant refuses or neglects to comply with the terms of any such notice, the medical officer of health may, either before or after the occupants have left such premises, affix to the house placards declaring the same to be unfit for occupation and forbidding the use of the same. (4) Any owner, agent or person renting or allowing to be occupied, or any person occupying any such house or, part thereof Ster the posting of a placard declaring the same unfit for occupation and forbidding the use of of the same without the consent of the local board, which consent shall not be given until such house has been so altered and cleansed or repaired as to make it fit for habitation to the satisfaction of the board, shall be liable to a penalty of not less than five dollars per day and not more than twenty dollars for each day the same is rented, allowed to be occupied, or occupied, and in default of pajonent to imprisonment not exceeding thirty days. (5) In default of the owner of such premises complying with the require- ments of the notice of the local board, the said board may Sit deems advisable cause such premises to be properly cleansed, make sewer and water coimec- tions therewith, instal appropriate plumbing therein or make such alterations 884 PUBLIC HEALTH Cap. 17 1910 (2iid Sess.) thereto as shall be necessary to put such premises in sanitary condition, at the expense of the owner, and if necessary for such purpose said board may remove or cause to be removed the occupants thereof forcibly. (6) Every privy or privy pit situated in premises abutting on any street along which a water main and a sewer are laid shall be removed or abolished, and said pit fiUed in by the owner. In the event of the owner failing for the space of ten days after service upon him of a notice from the medical ofiScer of health to remove or abolish the same and fiU in the pit, the local board of health shall forthwith cause the same to be done at the expense of the owner. 126. In the event of noncompUance with said notice, the requirements thereof may be carried out by the local board at the expense of the person responsible therefor, and if the person responsible therefor cannot be found and the local board believes that such conditions exist through no fault of said owner, said requirements may be carried out at the expense of the city, town or village affected thereby, and if in a district organized imder The Local Improvement Act, at the expense of the Provincial Government. 127. AU expenses incurred under regulation 126 may be recovered from the person responsible for such nuisance or unhealthy condition. 128. Every city, town or village shall provide a nuisance ground for the disposal of garbage, swiU, refuse, excreta, decaying animal and vegetable matter, and aU other such material. 129. No person shall spit on any sidewalk, the floor or walls of any public building, place of assembly, railway coach, or other public conveyance, place of employment, place where food is kept or handled for pubMc sale or use, or anywhere else that may be injurious to public health. 130. No person shall keep any hog within the limits of any city, town or village, without- the written permission of the local board. 131. No person shall keep or store any rags, bones or other refuse for purpose of sale, in any building used as a dwelling, or upon any premises within any city, town Or village, unless the same are kept or stored under conditions approved of by the local board. 132. No watercloset, compartment, urinal, slop-sink or other, sanitary fixture shall be kept in a filthy or unclean condition. 133. No person shall deposit any filthy matter or allow such to run into or upon any public street or ground. WATER SUPPLY. 134. When in the interest of public health, the examination of any pro- posed or existing source of public water supply of any city, town, village or rural mimicipality shows that it is necessary that the water from such source should not be used, unless there is constructed and maintained in coimection therewith a system of water purification, the Provincial Board may direct that a system of water purification shall be installed at the expense of the city, town, village or rural municipality affected. SCAVENGING. 136. Every city, town or village shall provide for the proper cleaning of its streets. 136. Every city, town or village shall provide for its proper scavenging. CAMPS AND MINES. 137. Where the word "camp" or "mine" is used in these regulations, It shall include the following, namely: Liunber camps, sawmill camps, railway 885 1910 Cap. 17 PUBLIC HEALTH (2nd Sesa.) and other construction camps, railway and other maintenance works, quarries, mines, smelting or cement works located outside of cities, towns, villages or rural municipalities. 138. Where the word "manager" is used in these regulations, it shall include the owner, employer, agent, contractor, foreman or person in charge of a camp or mine. 139. Forthwith after the establishment of a camp or mine, the manager thereof shall advise the Provincial Board in writing, of the location and character of same and of the number of employees engaged therein. 140. Every house, tent, stable, or other buUding in connection with any camp or mine shall be located in a healthy place, and all premises in con- nection therewith shall be kept in a sanitary condition. 141. Every house, tent or other building occupied or used by the employees of any camp or mine shall contain at least 300 cubic feet of air space for every occupant thereof, and shall be properly^ constructed, lighted and heated. 142. Every camp or mine shall have proper accommodation for the clean- liness of the employees. 143. Provision shall be made for the proper disposal of all slops, swiU, garbage, manure, and other refuse from the buildings or premises. 144. Provision shall be made for the exclusion of flies from the dining room, kitchen and other places where food is stored or prepared. 146. Latrines or privy pits shall be provided for the use of the employees, and thq same shall be properly constructed and located, so as not to be a possible source of contamination to the water supply, and the same shall be kept in a sanitary condition. 146. Every stable and manure heap shall be so located as to be impossible to contaminate the water supply. 147. Provision shall be made for a plentiful supply of pure drinking water for the use of the employees. 148. The employer in every camp or mine shall obtain and keep posted in a conspicuous place in such camp or mine, the regulations of the Provincial Board relating to camps and mines. 149. The manager shall not suffer or allow any employee living or residing on any property of the camp or mine, situated outside a city, town, village or rural municipality to create or maintain any nuisance or to allow said premises to become unsanitary. 160. No employee of any camp or mine, situated outside a city, town, village or rural municipality shall create or maintain any unsanitary con- dition or nuisance in or about the house or premises he occupies, either by reason of the character of the house, of the water supply, the manner in which he disposes of sewage, excreta, garbage, manure or like material. 161. It shall be the duty of the manager to take every precaution against the spread of contagious or infectious disease in any camp or mine, and particularly to see that the conditions imposed in regulations 16, 17, 18, 20, 21, 22, 23, 24, 26, 30, 31, 33, 41 and 42, where appUcable, are carried out and enforced. 162. The expense of disinfection in any camp or mine shall be borne by the manager thereof. 153. The Provincial Board may require the manager of any camp or mine to engage and provide one or more duly qualified medical practitioners to attend and treat any employee infected with a contagious or infectious disease in such camp or mine, and to take such other measures as the said board may deem proper and necessary in the premises. 886 PUBLIC HEALTH Cap. 17 1910 (2nd Sees.) INTERMENT, DISINTERMENT AND CONDUCT OF FUNERALS. 164. The corpse of every person, wivich was infected at the time of death with smallpox, chickenpox, diphtheria, scarlet fever, measles, German measles, cholera, cerebro-spinal meningitis, bubonic plague, anthrax, and such other contagious or infectious diseases as may be declared by the local board or the Provincial Board, shall be disinfected in the maimer described ifl schedule H, and kept isolated in the room in which he died up to the moment of the funeral. 165. No person except the officiating clergjrman, undertaker and those whose attendance is absolutely necessary shaB attend the funeral or burial of any person who was infected at the time of death with any disease meii- tioned in regulation 154, or such other contagious or ipfectipus disease as may be declared by the local board or the Provincial Board, unless the corpse of said person has been placed in an air-tight, metal-Uned, hermetically sealed coffin or casket. 156. The corpse of every person, which was infected at the time of death with any disease mentioned in regulation 154, or such other conta^ous or infectious disease as may be declared by the local board or the R-ovincial Board, shall be buried within thuiy-six hours after death, unless such corpse be placed in an air-tight, metal-lined hermetically sealed coffin or casket, or unless a certificate is obtained from the local board extending said time for burial. 167. Unless written permission is given by the local board or by the Provincial Medical Officer of Health, the corpse of every person, which was infected at the time of death with any disease mentioned in regulation 154, or such other contagious or infectious disease as may be declared by the local board or the Provincial Board, shall not be taien into any church, chapel or pubhc vault, but the same shall be transferred directly from the place of death to the place of burial. 168. Banners, door-drapes or other mourning draperies, ornaments or decorations, shall not be taken by any undertaker or other person into any house infected with any contagious or infectious disease. 169. The corpse of any person shall not be disinterred imtil a permit, signed by the Provincial Medical Officer of Health, has been issued therefor. TRANSPORTATION OF CORPSES. 160. The corpse of every person which was infected with any contagious or infectious disease, at the time of death, shall not be carried by any trais- portation company or common carrier without a permit signed by the Pro- vincial Medical Officer of Health. Said permit may be issued if the corpse has been prepared as follows: 1. (o) Arterial and cavity injection with a proper disinfectant solution; (b) Disinfecting and stopping all orifices with al^orbent cotton; (c) Washing the corpse with an approved disinfectant solution; (d) Encasing the corpse in an air-tight, metal-lined, hermetically sealed coffin or casket, enclosed in a strong outside wooden box, which shall be provided with at least four strong handles. 2. Or by such other method or under such other conditions cs may be prescribed in said permit. 161. The corpse of any person which was not infected by any contagious or infectious disease, at the time of death, shall not be carried by any trans- portation company or common carrier without a written permit from the local board in cities, towns or villages, or from the Provincial Medical Officer w Health in districts organized imder The Local Improvement Act. Said permit may be issued if the corpse has been prepared satisfactorily Z 11 u "°^'^ °^ Provincial Medical Officer of Health, and said corpse shaJI be encased in a sound, nonporous coffin or casket enclosed in a strong outside wooden box, pro-^dded with at least four strong handles. 162. The disinterred corpse of any person which was infected with any contagious or infectious disease at the time of death, shall not be carried 887 1910 Cap. 17 PUBLIC HEALTH (2nd SesB.) by any transportation company or common carrier without a permit signed by the Provincial Medical Officer of Health. Said permit may be issued if the disinterred corpse has been prepared satisfactorily to said Provincial Medical Officer of Health, and said corpse shall be encased in an air-tight, metal-Uned, hermetically sealed coffin or casket enclosed in a strong outside wooden box, which shall be provided with at least four strong handles. 163. The disinterred corpse of any person which was not infected by any contagious or infeotibus disease, at the time of death, shall not be carried by any transportation company or common carrier without a permit signed by the Provincial Medical Officer of Health. Said permit may be issued if the disinterred corpse has been prepared satisfactorily to said Provincial Medical Officer of Health, and said corpse shall be encased in an air-tight, metal-lined, hermetically sealed coffin or casket, enclosed in a strong outside wooden box, which shall be provided with at least four strong handles. PLUMBING. 164. The council of every city, town or village, having a system of sewerage in use or imder construction, shall appoint a properly qualified plumbing inspector who shall be a plumbing mechamc having qualifications satisfactory to the Provincial Board. 165. The plumbing inspector shall examine and test all plumbing work within the city, town or village. 166. Every local board shall supply the plumbing inspector with a proper outfit with which he may efficiently test aU plumbing and house drains. 167. Any person desiring to do business as a plumber in connection with the sewerage system shall file in the office of the local board an application for a yearly license, giving his name and place of business, and asking to be licensed as a plumber. Said application shaU be accompanied by proof that he is a master of his trade, and shaU declare that he is willing to be governed in all respects by the rules and regulations which are or may be adopted by the local board. 168. Before a written permit is issued for doing plumbing work in a building, or before any additions are made to said work (excepting necessary repairs), a plan and description of the work to be done, on blank forms fur- nished for the purpose by the local board, shall be filed in the office of the pltmibing inspector, and no such work shall be commenced until such plans shall have been approved by the plumbing inspector. 169. A written permit may be granted or refused within a reasonable time after receipt of the application thereof, and if granted it shall be valid for six months from the date of issue. 170. Every plan shall contain a clear and fuU description of the plumbing showing the position, size, kind of traps, closets and other fixtures. AH work done under such plans shall be subject to the inspection of the plumbing inspector, and no alteration shall be made ia any plan or in the work without a permit in writing from him. 171. The plan shall be drawn to a scale and shall be clearly legible, a scale of one inch to eight feet being preferred. It shall be either an original drawing on paper of good material or on tracing finen or a blue print copy. 172. Written permission, to make connection with the sewerage system shall be granted only when the plumbing in the house or building to be connected has been inspected and approved by the plumbing inspector; provided that said permission shall not be necessary in new buildings when a proper plan for the plumbing has been approved by the plumbing inspector. 173. The plumbing inspector shaU be notified in writing when the work is ready for inspection, and aU work shall be left uncovered and conveiiient for examination until inspected and approved. Such inspection shall be 888 PUBLIC HEALTH Cap. 17 1910 (2ndSeB8.) made within a reasonable time after such notification. The plumbing inspector may demand that the peppennint water, smoke or other approved test be applied, and the plumber shall ftimish all necessary labour and assist- ance for such tests. The plumber shall remove or repair any defective material or labour when so ordered by the plumbing inspector. 174. If the plumbing be not found satisfactory upon the first test, a reason- able time shall be given the plumber in which to make the necessary changes, repairs or renewals, when the work shall be again tested and inspected. 176. When all the proposed fixtures have been placed in position a final test shall be made upon the work. 176. When the work has been finally tested and found satisfactory to the plumbing inspector, a proper certificate of inspection and testing shall be affixed to the vertical soil pipe in the cellar and a certificate granted to the plumber. 177. The plumber shall on the completion of the work file in the oflice of the plumbiag inspector, on blank forms furnished for that purpose by the local board, a correct statement of the work done under the permit. 178. Cellar cistern overfiow pipes may be connected with the sewer or house drain only when they can be trapped in such manner that the water seal cannot be destroyed. 179. Before any old house drain, for which a certificate of inspection has not been granted, shall be connected with the sewerage system, the owner thereof shall prove to the satisfaction of the plumbing inspector that such drain is clean and properly constructed. 180. Every cellar shall be drained either by means of suitable, properly laid earthenware tile or cement pipes connected with a subsoil drainage system, or by means of a suitable catch-pit, properly fitted with an approved cast iron trap connected with the house drain. The catch pit shall be pro- vided with a proper cover or grating to prevent the entrance of 'floating matter, debris, vegetables, sweepings, sand, mud, or other deleterious matter, and such precautions shall be taken as the plumbing inspector may direct to prevent the inlet to trap from becoming blocked or choked. The cellar drain trap shall not be placed in the jnain line of drain. 181. Where a soil pipe passes through a cellar or basement above the floor, it shall be properly supported by masonry, brickwork or concrete piers, by brackets along the side walls, or by stirrups from the floor beams above. The piers, brackets or stirrups shall be. placed at intervals of not more than seven feet apart. 182. No soil pipe shall be laid or placed under or beneath a basement or cellar floor without the written consent of the plimibing inspector, and then in such manner only as he shall direct. 183. All materials used shall be of good quality and free from defects; the work shall be executed in a- thorough and workmanlike manner. 184. Every soil pipe, waste pipe or vent pipe, used within any building, shall be of wrought iron with screwed joints, cast iron with securely leaded joints or of lead pipte with wiped joints, and every pipe inside the building and extending three feet on the outside thereof shall be of wrought or cast iron with joints as above mentioned. 185. All fittings used in connection with such pipe sljaJl correspond with same in weight and quality. Where lead pipes are used to connect fixtures vrj.th vertical soil and waste pipe, or to connect traps with vertical vent pipes, same shall not be Ughter than the standard hereinafter described. 186. The arrangement of soil and waste pipes shall be as direct as possible. Where said pipes are necessarily placed within partitions or in recesses of walls, the same shall be covered with woodwork so fastened with screws as to be readily removable. 889 1910 Cap. 17 PUBLIC HEALTH (2nd Seas.) ■ 187. All traps shall be placed where the same shall be open to view at all times. 188. A main waste pipe into wh^oh wash-basins, bath tubs or kitchen sinks discharge, shall be at least two inches in diameter and all branch pipes shall be at least one and a quarter inches in diameter. 189. The soil pipe from the point of connection with the house drain to the house top shall be four inches in diameter throughout. 190. A main drain trap may be placed in the soil pipe and a fresh air inlet connecting with the soil pipe may be placed just above the main drain trap. A sewer ventilatiag pipe may be placed in the soil pipe connecting there- with just below the main drain trap, and such sewer ventilating pipe shall be carried through the roof. 191. The fresh air inlet connecting with the soil pipe, as mentioned in the immediately preceding regulation, shall be carried through the roof. 192. The cost of installing the sewer ventilating pipe leading to the roof, as mentioned in regulation 190, shall be borne by the city, town or village in which the sewerage system is installed. 193. Every vertical soil ventilating or waste pipe stack shall be extended at least six inches above th^ roof; said stack shall be of undiminished size, without return bend, but with open or basket end. The same shall not open near a window nor an air shaft which ventUates a hving room. Should it become blocked by ice the same shall be. immediately relieved at the expense of the owner of the house; provided that the sewer ventilating pipe mentioned in regulation 190 shall be reheved at the expense of the city, town or village in which the sewerage system is installed. 194. All joints in iron drain, soil, ventilating and waste pipe, except where screw joints are used, shall be so filled with oakum and lead, and hand caulked as to make them gas tight. 195. All connections of lead pipe with iron pipe shall be made with a brass sleeve or ferrule of the same size as the lead pipe, and the same shall be put in the hub of the branch of the iron pipe and caulked with lead. The lead pipe shall be attached to the ferrule by a wipedjoint. 196. Before the fixtures are placed in connection with the rough plumbing of any house or building, and before the soil pipe is connected with the house drain, the outlet of the soil pipe at a point three feet outside of the house, together with aU openings in same below the top, shall be hemietically sealed; the pipe shall then be filled with water to its top, and the whole system be carefully examined for leaks. Defective pipes discovered shall be removed and replaced by sound ones, all defective joints made tight, and every part of the work shall be made to conform witt these regulations, and shall be sub- ject to the approval of the plumbing inspector. 197. Every water closet, urinal, basin, sink, wash tray, bath tub or other fixture shall be effectually trapped, and aU traps shaU be placed as near the fixtures as practicable, but shall not be more than one foot therefrom. In no case shall waste water pipes from bath tubs or other fixtures be connected with the water closet trap. 198. Every sink in any butcher shop, hotel, or restaurant shall be pro- vided with a proper grease trap. 199. Every trap shall be protected from syphonage by the use of apphances as provided in thess regulations, or in the alternative, the waste pipe leading from the trap shall be ventilated by a special ventilating pipe placed near the crown of the trap. In no case shaU the ventilating pipe be less than two inches in diameter for water closet traps, and one and one-quarter inches in diameter for other traps, except when said pipe is more than fifteen feet in length, in which event it shall not be less than one and a half inches in diameter. 200. The vertical ventilating stack for traps of water closets in buildings more than four stories in height shall be at least three inches in diameter, 890 PUBLIC HEALTH Cap. 17 1910 (2nd Bess.) with two inch branches to each trap, and for traps of other fixtures the branches shall not be less than two inches in diameter, unless the trap is smaller, in which case the diameter of the branch ventilating pipe shall be at least equal to the diameter of the trap. In aU cases ventilating pipes shall be of cast or wrought iron and connected to traps with lead branch and brass solder nipple or ferrule. 201. Every ventilating pipe (except the sewer ventilating pipe from the lower side of the main drain trap), may be branched into a soil pipe above the inlet from the highest fixture; the same may be combined by branching together those which serve several traps, and said pipes shall always have a continuous slope to avoid collecting water by condensation. 202. No ventilating pipe shall be used as a waste or soU pipe. 203. No brick, sheet metal, earthenware or chimney flue, shall be used as a sewer ventilator, nor shall same be used to ventilate any trap, house drain, soil or waste pipe. 204. Every lead safe under a wash tray, urinal, water closet or refrigerator shall be drained by a special pipe not directly connected with any waste pipe, soil pipe or house drain. The drip pipe from a refrigerator shall not be connected directly with the soil or waste pipe, nor wijth the house drain. 205. Every overflow from a fixture shall be connected on the inlet side of the trap. 206. Every water closet shall be of a pattern approved by the plumbing inspector and shall be supplied either from a flushometer or from a special tank placed over same, and the water or overflow from the tank shaU dis- charge into the open air of the basin of the closet and not into the soil pipe directly. 207. Every water closet shall be supplied with a flush of not less thaiP three imperial gallons of water. 208. Every exit-pipe to a fixture, except water closets, shall be furnished with a suitable, permanently attached strainer. 209. For wrought iron soil and waste pipe the fittings shall be extra heavy cast iron, recessed and threaded drainage fittings. 210. Lead pipe shall not be of less than the following weights: 1 inch diameter or less shall not be allowed. 1}4 inch diameter, 2| lbs. per lineal foot. 1^ inch diameter, 2| lbs. per lineal foot. 2 inch diameter, 3Ji lbs. per lineal foot. 211. Where lead pipe is used it shall be supported on boards laid with the same inclination as provided for waste pipes, or in other manner approved by the plumbing inspector. 212. Brass ferrules for 4 inch pipe shaU not weigh less than 2}4 lbs. each, for three inch pipe not less than If lbs. each, and for two inch pipe not less than IJi lbs. each. 213. Soldering nipples shall be of heavy cast brass or of brass pipe of the . following weights: For four inch pipe, SJ^-lbs.; for three inch pipe, 2 lbs.; for two inch pipe, 14 ounces; for one and a half inch pipe, 8 ounces. 214. Four inch soil pipe shaU weigh not less than nine pounds per lineal foot, and six inch soil pipe not less than 15 pounds per lineal foot, and this weight of pipe shall be used for ventilating pipes also. 215. Every soil pipe shall be provided with one or more cleaning-out screws, which shaU be placed so as to be easily accessible at aU times. 216. Above the basement the soil pipes, waste pipes and other fixtures shall be securely supported from the side walls, floors and partitions by wrought iron stirrups and fastenings in such a manner as will prevent breakages of joints and pipes by unequal settlements. 891 1910 Cap. 17 PUBLIC HEALTH (2iid Sesa.) 217. Any subsoil or surface water drain from a house or premises may be connected to the sewerage system by means of proper concrete or brick catch-pit set in cement, properly fitted with an approved cast iron trap. 218. When the soU pipe passes through the outer wall there shall be con- structed a relieving arch satisfactory to the plumbing inspector. 219. The approximately horizontal portion of every soil pipe and waste pipe shall be given an inclination towards the outlet of not less than one-half inch to the foot, if such be possible, but in no case shall the fall be less than one-quarter of an inch to the foot. 220. The waste pipe from fixtures shall be of the following sizes: For water closets,' 4 inches in diameter. For slop hoppers, 3 inches in diameter. For laundry tubs, IJ^ to 2 inches in diameter. For urinals, IJ^ to 2 inches in diameter. For bath tubs, IJi to 2 inches in diameter. For kitchen sinks, IJ^ to 2 inches in diameter. For wash basins, 1}^ to 1^4 inches in diameter. 221. No fixture shall drain through more than one trap exclusive of the main drain trap, and no trap shall be placed at the foot of the vertical portion of a soil or waste pipe. 222. Water sealing traps of any pattern approved by the plumbing inspec- tor may be used when separate ventilating pipe connections are provided near the top of the traps. 223. Every trap, except water closet traps, shall be provided with proper, heavy clean-out screws of brass. 224. The clean-out screws shall be of such size that the trap may be readily cleaned. Clean-out screws for larger traps than four inches shall not be less than four inches in diameter. All clean-out screws shall be easy of access without the necessity of cutting floors, walls or ceilings. 225. Every waste pipe from a bath, basin or other fixtm-e shall have a separate fitting or connection on soil pipe to receive the same. 226. All lead traps shall be of soUd drawn lead; cast lead. traps shall not be allowed. 227. Urinals shall be of porcelain or other nonabsorbent material approved by the plumbing inspector. 228. The walls and floors where urinals are placed shall be of nonabsorbent materials. 229. Every room in which a water closet, urinal or slop sink is placed shall be well lighted and shall be properly ventilated by a window opening directly to the external atmosphere, or by an air-shaft approved by the plumbing inspector. 230. Bath tubs, sinks, wash basins, wash trays and other similar fixtures shall be of nonabsorbent material. 231. No drg,in nor drip from any steam boiler, raiige boiler, heating furnace, nor overflow from any cistern, tank, or other fixture shall be directly connected with any soil pipe, waste pipe or sewer connection, but shall discharge openly into a sink or other fixture. 232. Where the trap to a water closet is above the floor level, the connection with the soil pipe shall be made by bolting the closet flange to a heavy cast brass floor-plate soldered to .the lead soil pipe, or in some other manner approved by the plumbing inspector. The joint shall be made gas and water tight. The brass flange shall not be less than three-sixteenths of an inch tldck. 233. No inverted joints shall be allowed in any cast iron pipe below any fixture. 892 PTJBLIO HEALTH Cap. 17 1910 (ZndSeBS.) 234. No woodwork shall be placed at the front or sides of any water closet bowl, wash basin, bath tub or sink. 236. A proper check valve or mechanical back water trap shall be placed by the owner on every house drain, in addition to the main drain trap, where there is any possible danger of flooding from the sewer. 236. The whole of that portion of every rain water leader which is within a house, if the same is connected with a soil pipe, shall be of heavy cast iron pipe and shall be properly jointed and trapp^. 237. No rain water leader shall be used as a soil pipe, waste pipe or venti- lating pipe, and no soil pipe, waste jape or ventilating pipe shall be used as a rain water leader. 238. Any executive officer of a city, town or village shall be permitted to- examine all pliunbing work and fixtures at all reasonable times. 239. In installing pliunbing fixtures in any building, separate ventilating pipe connections may be omitted, if anti-syphon or re-sealing traps be used, provided — (a) That the anti-syphon or re-sealing traps are accompanied by a guarantee, from the maker or dealer offering the same for sale, to stand the test prescribed by the plumbing inspector against unseajing by syphonage; (b) That such guarantee and test is approved of and satisfactory to the Provincial Board. HOUSE DRAINS. 240. The plumbing inspector shall examine and test all house drains between the boundary line of the street and the soil pipe of the house situated on any land or lot. 241. No person shall la^ or alter any house drain between the boundary line of the street and the soil pipe of the house, make any connection whatever with any house drain situated as aforesaid, do any kind of work connected with the laying of such house drain, make any additions or alterations to any house drain connected, or designed to be connected,- with the sewerage system, without first notifying the plumbing inspector. 242. The house drain from a point three feet outside the house to the sewer at the boundary line of the street shall be of first quality, salt-glazed, vitrified, earthenware pipe or other pipe approved by the Provincial Board. The interior of same shall not be less than four inches, nor greater than six inches in diameter, but the plumbing inspector may authorize tie use of a pipe of another size. 243. The "pipe shall be laid on an even grade of not less than one in thirty for a four iach pipe and one in seventy for a six iach pipe, but the plumbing inspector may authorize that said pipe be laid on a different grade. 244. Before any portion of the house drain trench, between the boimdary line of the street and the soil pipe of the house, is filled in, the said drain shall, be examined by the plumbing inspector; defective pipes discovered shall be removed and replaced by sound ones; all defective joints shall be made tight and every part of the work done shall conform with these regula- tions and the requirements of the plumbing inspector. 246. The person laying said house drain shall furnish all necessary material, labour and assistance for such examination. 246. Eegulations 164 to 245 inclusive shall apply to cities, towns and villages only. 893 1910 Cap. 17 PUBLIC HEALTH (2nd SesB.) PERMITS, CERTIFICATES, ETC. 247. Every written or printed permit, certificate or other . document, authorized under regulations 164 to 246 both inclusive, shall be signed by the plumbing inspector. 248. Every written or printed permit, order, warrant, certificate or other document, authorized under these regulations by any local board, shall be signed by the Medical Officer of Health, or the secretary thereof. 249. Every written or printed permit, order, warrant, certificate or other docimient, authorized under these regulations by the Provincial Board, shall be signed by the chairman thereof or the Provinoial Medical Officer of Health. (a) Any person other than those mentioned in regulation 249 who signs, issues or authorizes any written or printed permit, order, warrant, certificate or other document mentioned in said regulation shaU be guilty of an offence under these regulations. COMMON DRINKING CUPS. 260. On and after the first day of January, 1912, no cup, glass or other utensil used for drinking purposes ordinarily known as a "common drinking cup," in schools, hotels, boarding houses, apartment houses, tenement build- ings, theatres, public buildings and factories, or in connection with any public drinking fountain or water faucet in any street or park, shall be provided for the common public use. PENALTIES. 261. Any person violating any of the provisions of these regulations shall on summary conviction before a justice of the peace or a police magistrate, be liable to a penalty of not more than fifty dollars ($50.00) and costs. 262. The provisions of Part XV, Chapter 146 of the Revised Statutes of Canada, 1906 (TAe Criminal Code), shall apply to all prosecutions under these regulations. W. C. LAIDLAW, M.B Edmonton, Alberta, Promncial Medical Officer of Health. June 9th, 1911. Dated from the commencement of the disease. SCHEDULE A. Period of Quarantine: German measles 1 to 2 Measles 2 to 3 weeks. Cholera 6 weeks. Scarlet fever or Scarlatina, at least four weeks, and until all desquamation, and aU discharge from the ears, nose and throat has ceased, and all suppurating glands are healed, when after disinfection of the skin of the whole body by an inunction of camphorated oU B.P. or carboUzed oil 2 per cent, followed by a warm bath; the patient may be released from quarantine. Diphtheria .4 to 8 weeks. or a shorter period if an examination by a bacteriologist approved by the Provincial Board has shown the parts as free from bacilli. Smallpox and chickenpox, until aU scabs have disappeared and the skin is smooth. The following to be isolated from the public until cured, need not be placarded — Trachoma, scabies (itch), ringworm, impetigo contagiosa, opthahnia- neonatorum and pediculosis (lice). O. in C. 353/15. 894 PUBLIC HEALTH Cap. 17 1910 (2nd Sess.) SCHEDULE B. Solutions for disinfecting discharges in the sick room: (o) Chloride of lime (fresh), 5 ounces; water, 1 gallon; mix; or (6) Carbolic acid, 5 oimces; water, 1 gallon, mix; or (c) Quick lime (fresh), 2 lbs.; water, 1 gallon, mix; or id) Mercuric chloride, 2 drachms; water, 1 gallon. SCHEDULE C. Disinfection of mails: Formalin, 2 ounces, in a mail bag tightly closed for at least four hours. Puncture of the envelopes and letters with a hat pin or large needle facilitates the penetration of the gas. SCHEDULE D. Disinfection of clothing and bedding: (o) Clothing and bed linen soiled by discharge — (1) Destruction by fire; or (2) Immersion for at least four hours in solution of mercuric chloride, 1 drachm to the gaUon of water; or (3) Immersion for at least four hours in solution of carbolic acid, 2 ounces to the gallon, then boiling or exposure to superheated steam; or (4) Formalin in air-tight box, at the rate of 8 ounces to 1,000 cubic feet. Exposure for at least foitt hours. (6) Mattresses, blankets, etc. — (1) Destruction by fire; or (2) Immersion in boiling water for at least one hour; or (3) Immersion in aolul^on of mercuric chloride, 1 drachm to the gallon, for at least fotu' hours; or (4) Formalin in air-tight box, at the rate of 8 ounces to 1,000 cubic feet. Exposure for at least four hours. SCHEDULE E. Disinfection of furniture and articles of wood, leather and porcelain: Thorough wafilfing with — (1) Mercuric chloride solution, 2 drachms to the gallon; or (2) Fresh chloride of lime solution, 2 ounces to the gallon; or (3) Solution of carbolic acid, 2 ounces to the gallon; or (4) Fohualin in air-t^^t box or room at the rate of 8 ounces to 1,000 cubic feet. Exposure at least four hours. SCHEDULE F. Disinfection of hous«: (1) Formalin at the rate of 8 ounces to 1,000 cubic feet Sprayed or sppinkled on sheets in various rooms for at least four hours. (2) By the formalin-permanganate method (preferred) for at least four hours. This requires seven and a half ounces of potassium perman- ganate, powdered or in fine needles, and one pint of formalin for each 2,000 cubic feet of room space to be disinfected. The per- manganate must be put ip the container before the formaldehyde solution. The vessel in which the mixture is made should be of considerable size, in order that the vigorous foaming will not cause overflowing. A flaring ten quart tin pail may be used; it need not be high. If the bottom of the dish be so wide that the requisite amoimt of permanganate just conceals it and the sides be eight inches high there will be no overflow from foaming or spattering. 895 1910 Cap. 17 PUBLIC HEALTH (2nd Sess.) (3) After disinfection by methode (1) or (2) wipe over the surfaces of all floors, walls and ceilings with a sponge or cloth, wet with a solution of mercuric chloride, 1 drachm to the gallon of water (no soap to be used with this solution). SCHEDULE G.' Disinfection of the person: Hands and general surface of the body of attendant of sick and of con- valescents, to be washed with — (1) Solution of carboUc acid, 2 ounces to the gallon; or (2) Solution of mercuric chloride, 1 drachm to the gallon. SCHEDULE H. Disinfecfjion of the dead: Envelope the body in a sheet thoroughly saturated with — (1) Mercuric chloride solution, 2 drachms to the gallon; or (2) Carbolic acid solution, 5 ounces to the gallon; and place in a coffin and close up permanently, and inter within 36 hoiirs. SCHEDULE I. Precautions to be taken by physicians and nurses or others visit^g cases of contagious and infectious diseases: (1) Either disinfection of clothj^ng and exposed parts of the person after leaving the sick room; or (2) The wearing of a garment to completely cover the ordinary clothing, and removal oif same and disinfection of exposed parts of the person, before leaving premises. SCHEDULE J. Disinfection of a stable, enclosure, litters, excrements, blood and other contaminated liquids: Stable— (1) Close all outlets, then fumigate. (2) Wash the walls, ceilings and floors with a solution of bichloride of mercury, 2 drachms to one gallon of water. (3) Whitewash with Ijme, the walls, ceilings and floors. Enclosure — Remove the earth to a depth of three inches and bury it at least a foot deep. Whitewash with Ume the walls of the enclosure. Litter, excrements, blood and other liquids from the sick animal — Bum them, or bury them a foot deep at least, after covering them with quick lime. SCHEDULE K. Cehtificate of Vaccination. I, the undersigned, hereby certify that child of , aged , residing at , has been successfully vaccinated by me. Dated at this day of ,19 (Signature) M.D. 896 PUBLIC HEAi/TH Cap. 17 1910 (2nd Sess.) SCHEDULE L. Cebtificatb that Child is Not Fit for Vaccination. I, the undersigned, hereby certify that I am of opinion that the child of aged residing at is suffering from and is not now in a fit and proper state to be successfully vaccinated, and I do hereby postpone the vaccination until the day of '. This certificate is valid only for three montjis from this date. Dated at , this day of ,19 (Signature) Countersigned: M.D. Chairman or Executive Officer of the Local Board of Health. SCHEDULE M. Ceetimcatb that Chiu) is Not Susceptible to Vaccination. I, the undersigned, hereby certify 1;hat I am of opinion that , child of aged residing at , is insusceptible to vaccine inoculation. This certificate is valid only for one year from this date. Dated at , this day of ,19 (Signature) M.J). SCHEDULE N. EXPKOPHIATION OF LaND. Take notice that by virtue of The Public Health Act, and the regulations made thereunder, possession has been taken or obtained (as the case may be), of the following land or building (as the case may be), namely: And further take notice that such land or building will be occupied and used for the purpose of the said Act and regulations, from arid after the date hereof, for a period of , or such oth,eT time as may in the discretion of the undersigned be necessary. Dated at , this day of , 19 {Signature) Far Local Board of Health.. SCHEDULE O. Appointment of an Executive Officer. We hereby appoint an executive ofiBcer, such service to extend from to to cany out our instructions. ' Dated at , this day of ,19 {Signature) For Local Board of Health. SCHEDULE P. Notice or Case of Notifiable Disease. Name of disease Name of patient 897 1910 (2nd Seas.) Cap. 17 PUBLIC HEALTH Age Sex Occupation Name of householder Post office address .- Location of case: Street Number or Section Ji Section Township Bange west of Meridian. Date of first visit of attending phs^sician Name of school attended by any child or teacher from house where case is Measures employed for quarantine isolation, disinfection. Remarks Date Signatiu-e and address of physician. .M.D. SCHEDULE Q. The following shaU be the form of placard under regulations relating to quarantine: QUARANTINED. (Capitals of not less than 2 inches.) NAME OF DISEASE. (Capitals of not less than 2 UMShes.) _ Any person leaving or entering these premises wiU be prosecuted according to law and liable to a penalty of $50.00 and costs. The following shall be the form of placard under regulations relating to modified quarantine: MODIFIED QUARANTINE. (Capitals of not less than 2 inches.) NAME OF DISEASE. (Capitals of not less than 2 inches.) 898 1910 (second session) CHAPTER 18. An Act respecting the Rights of Married Women in the Estates of their Deceased Husbands. (See also Married Woman's Home Protection Act, 1915, cap. 4.) (Assented to December 16, 1910.) IJIS MAJESTY, by and with the advice and consent of the ^■^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Married Women's Relief shon utie Ad." 2. The widow of a man who dies leaving a will by the terms widow may of which his said widow woiild in the opinion of the judge before ^|^^ whom the application is made receive less than if he had died Court for intestate may apply to the Supreme Court for relief. 3. The appUeation may be made by notice of motion in the AppHcation matter of the estate of the deceased. by noS^* of motion 4. The notice of motion shall be served upon the executors service of named in the will or upon any person to whom a grant of letters ^^"011°' of administration with will annexed has been made, six clear days before the motion is returnable. 5. The court may direct any other person to be served with P^ctioe and notice of the application, and the practice and procedure of theSponSSon Supreme Court upon applications in chambers shall so far as the same are foimd to be applicable apply to proceedings under this Act save as herein otherwise provided. 6. The application' shall be supported by an affidavit of the Affidavit of applicant setting forth fully all the facts entitling her to relief '■''p''"™* under this Act. 1. The court may direct such other evidence to be given in otter addition to the evidence adduced by the parties to the application br^ven '^^ and in such manner as shall seem necessary or proper. 8. On any such appUeation the court may make such allowance ciroumstanoes to the applicant out of the estate of her husband disposed ofg?Jntrf* by will as may be just and equitable in the circvunstances. allowance 9. Any such allowance may be by way of an amount payable Allowance annually or otherwise, or of a lump sum to be paid, or of certain SS.^'st.S'or property to be conveyed or assigned either absolutely or for°"»«""™ life or for a term of years to the applicant, or for her use and benefit as the court may see fit; and in the event of a convevance 899 1910 (2nd SesB.) Cap. 18 MAHRIEI> women's RELIEF Defences available Enforcement of order Application to be made within six months of death of husband of property being ordered, the court may give all necessary and proper directions for the execution of the conveyance or conveyances, either by the executors or administrators or such other person as the court may direct, or may grant a vesting order. 10. Any answer or defence that would have been available to the husband of the appUcant in any suit for alimony shall equally be available to his executors or administrators in any application made imder this Act. 11. Any order made by the court upon the application may be enforced.- against the estate of the deceased husband in the same way and by the same means as any other judgment or order of the court against the estate of the deceased may be enforced, and the court may make such order or direction or interim order or direction as shall seem necessary to secure to the applicant payment out of the estate of such sum or sums as she shall be found entitled to. 13. No application shall be entertained under this Act after six months from the death of the husband. 1910 (second session) CHAPTER 19. An Act respecting Hail Insurance. {Repealed— 1911-12, c. 7, s. 6.) 900 1910 (second session) CHAPTER 20. An Act respecting the Sugar Beet Bonus. {Assented to December 16, 1910.) \\rHEREAS by Act of the Legislature, being chapter 37 of " " the Statutes of 1906, a fund was provided for the encourage- ment of the sugar beet industry in the province; And whereas by the terms of the said Act as amended by section 21 of chapter 5 of the Statutes of 1907, it was amongst other matters and things provided that (recite section 3 as amended) ; And whereas the Rnight Sugar Company, Limited, have heretofore been the only claimants upon the said fxmd, and there has been paid to 'the said Knight Sugar Company, Limited, the sum of $63,008.29 imder the said Act as follows, namely: In the year 1907, $23,366.50; in the year 1908, $21,464.50; m the year 1909, $9,388.04; in the year 1910, $8,789.25, and there will or may become and be payable to the said Knight Sugar Conipany, Limited, the sum as provided for by the said Act as amended, and under the terms, conditions and provisions thereof, for the year 1911, whereupon all claims of the said Knight Sugar Company, Limited, upon the said fund or imder and by reason of the said Act as amended shall under the terms thereof cease and determine; And whereas it appears inexpedient to continue the provisions in the said Act as amended contained for the further encourage- ment of the sugar beet industry in the province; Now therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. That the said Act, being chapter 37 of the Statutes of 1906, as so amended by section 21 of chapter 5 of the Statutes of 1907, be and the same is hereby repealed. 2. Nothing herein shall be taken to apply to affect or prejudice any claim or claims of the Knight Sugar Company, Limited, imder and by virtue of the terms of the said Act, but such claim or claims of the Knight Sugar Company, Limited, shall be as valid and shall be payable and paid out of the said fimd (subject to the terms, conditions and provisions ia the said Act as amended contained), as if this Act had not been passed. 901 1910 (second session) CHAPTER 21. AnJAct to amend The Alberta Land Siirreyors' Act. (Consolidated in chapter 2 of 1910 {1st Session).) NoTte. — Chapters 22 to 55 inclusive of 1910 (2nd Session) are private Acts. 902 1911-12 CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money for the Public Service of the Fiscal Years ending respectively the Thirty-first Day of December, 1911, and the Thirty-first day of December, 1912. {Assented to January 31, 1912.) Most Gracious Sovereign: \)irHEREAS it appears by Messages from His Honour George "' Hedley Vicars Bulyea, Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Messages, that the sums hereinafter mentioned are required to defray certain expenses of the Public Service of Alberta not otherwise provided for during the financial periods ending respectively the thirty-first day of December, one thousand nine hundred and eleven, and the thirty-first day of December, one thousand nine hundred and twelve, and for other piu-poses relating thereto: May it therefore please Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Assembly of the Province of Alberta as follows: 1. This Act may be cited as "The Appropriation Act, 1911 and 1912." 3. From and out of the general revenue fxmd there may be paid and applied a sum not exceeding in the whole one hundred and twenty-six thousand eight himdred and sixty-one dollars and seventy-seven cents towards defraying the several charges and expenses of the Public Service from the first day of January to the thirty-first day of December in the year of our Lord one thousand nine hundred and eleven not otherwise provided for and set forth in schedule A to this Act. 3. From and out of the general revenue fund there may be paid and applied a sum not exceeding in the whole ten million three hundred and sixty-eight thousand seven himdred and ninety-eight dollars and twenty cents towards defraying the several charges and expenses of the Public Service from the first day of January to the thirty-first day of December in the year of our Lord one thousand nine hundred and twelve not otherwise provided for and set forth in schedule B to this Act. 4. The due appUcation of all moneys expended under this Act shall be accounted for. 903 1911-13 Cap. 1 APPROPRIATION ' SCHEDULE A. Sums granted to His Majesty by this Act for the fiscal year ending Decem- ber 31, 1911, and the purposes for which they are granted: To defray expenses of Hail Insurance $126,861 . 77 SCHEDULE B. Sums granted to His Majesty by this Act for the fiscal year ending _I)eeem- ber 31, 1912, and the purposes for which they are granted: I. Ptjblic Debt $340,000. 00 II. Civil Goveenmknt — Lieutenant Governor's Office $ 2,700. 00 Executive Council 30,660. 00 Attorney General's Department 26,540. 00 Provincial Secretary's Department 7,660. 00 Municipal Affairs Department 3,600. 00 Treasury Department 13,020.00 Auditor's Office 15,360.00 Public Works Department 56,080. 00 Education Department 24,240. 00 Agriculture Department 27,080. 00 Railways and Telephones Department 8,240. 00 Government Printer's Office : 10,740. 00 $225,720.00 III. Legislation $84,990. 00 IV. Administration of Justice $460,110.00 V. Public Works — Chargeable to Income $450,000. 00 Chargeable to Capital $2,367,068.20 VI. Education Depaetment $624,320. 00 VII. AQHicxmruRE and Statistics — Chargeable to Income $419,100. 00 Chargeable to Capital $123,000.00 VIII. Hospitals, Charities and Public Health $ 91,000.00 IX. Telephones — Chargeable to income $610,000.00 Chargeable to Capital $4,000,000.00 X. Public Institutions $136,000.00 XI. Miscellaneous $437,500. 00 $3,878,740.00 $6,490,058.20 904 1911-12 CHAPTER 2. An Act respecting Towns. {Assented to February 16, 1912.) UIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: PKELIMINAKT. 1. This Act may be cited as " The Town Act." short title t 3. In this Act, unless the context otherwise requires, the interpretatio expression — . 1. "Elector" means a person, male or female, entitled to Elector vote at any town election; 2. "Council" means the municipal council of a town; counoa 3. A burgess is an elector who is assessed as- the owner or Burgess • occupant of land. 1913 (1st Session), c. 8, s. 1. 4. "Owner" means and includes any person who appears by Owner the records of the land titles office of the land registration district within which such land is situated to have any interest in any land in a town other than as a mortgagee or an encumbrancee, or means and includes any bona fide purchaser of any such land, , and the registration in the said land titles office of a caveat claiming an interest vmder an agreement for sale shall be deemed a prima fade proof of such an interest as purchaser. This subsection shall for the purpose of vaUdating any election be deemed to be and to declare the law in connection therewith since the twenty-fifth day of March, 1913. 1913 (1st Session), c. 8, s. 1; 1914, c. 7, s. 1. 5. "Occupant" means the person in actual occupation, other occupant than in an official capacity, of any land exempt from taxation under the provisions of this Act. 1913 (1st Session), c. 8, s. 1. 6. "Felony" means any indictable offence which since the Felony, etc passing of The Criminal Code is punishable with death or imprison- ment for a period of five years or over, and "misdemeanour" means any offence for which under the said Code the extreme penalty is imprisonment for a term less than five years; 7. "Special franchise" shall mean every right, authority org ^^ permission whether exclusive or otherwise to construct, maintain franchise or operate within the town, in, under, above, on or through or across any highway, road, street, lane, public place or public water within the jurisdiction of the town, any poles, wires, pipes, tracks, conduits, buildings, erections, structures or other things for the purposes of bridges, railways, tramways or for the purposes of conducting steam, heat, water, gas, natural ga.s, oil, electricity or any property, substance or product capable of being transported, transmitted or conveyed for the supply of water or ieat, light, power, transportation, telegraphic, telephonic or other service; 905 1911-13 Cap. 2 TOWNS Judge Land MunicipaKty and town Improvements Person Revised assessment roU Secretary- treasurer Referred by-law Revised voters' list Minister Hawker Pedlar Transient trader Computation of time 8. "Judge" means a judge of the District Court of the judicial district within which the town is wholly or partly situated, and "court" or "District Court" means the said District Court; 9. "Land" includes lands, tenements and hereditaments and any estate or interest therein, and for the purposes of assessment, only "land" means land and any estate or interest therein exclusive of the value of buildings or other improvements thereon; 10. "Municipality," "town," or "town municipality" means and includes any town or town municipality now incorporated as such and also any town or town municipality hereafter incorporated under the provisions of this Act; 11. "Improvements" mean any buildings or any other increase in the value of land caused by the expenditure of labour or capital thereon; 12. "Person" includes a corporation or partnership; 13. "Revised assessment roll" means the assessment roll of the town as finally adopted by the council; 14. "Secretary-treasurer" means the secretary-treasurer of the town and includes the secretary or treasurer; 15. "Referred by-law" means a by-law referred to the vote of the burgesses and assented to by them as provided in this Act; 16. "Assessor" means the assessor of the town; 17. "Revised voters' list" means the voters' list of the town as finally revised by the council; 18. "Minister" means the Minister of Municipal Affairs for Alberta; 19. "Hawker" or "Pedlar" means and includes any person whom, whether as principal or agent, goes from house to house, selling or offering for sale goods, wa!res or merchandise to any person, not being a wholesale or retail dealer in such goods, wares or merchandise, or offers or exposes to any person not being a wholesale dealer in such goods, wares or merchandise, samples or patterns of any goods, wares or merchandise to be afterwards delivered in the village, but shall not mean or include any person selling meat, fruit, fish' or agricultural implements, sewing machines or farm produce by retail. 1913, c. 8, s. 2. 20. "Transient trader" means and includes 'any person who occupies premises in the town, who offers goods, wares or mechan- dise for sale, either personally or through a licensed auctioneer or other agent or servant whose name has not been entered on the last revised assessment roll of the town or who has not, before he offers such goods, wares or merchandise for sale as aforesaid, resided contmuously in the town for a period of three months next preceding the date at which he offers such goods, wares or merchandise for sale. 1913 (1st Session), c. 8, s. 2. (2) Whenever the word "herein" is used in any section of this Act it shall be understood to relate to the whole Act and not to that section only. 3. Where anything is required to be done on a day which falls on any holiday such thing may be done on the next day which is not a public holiday; but nothing in this section con- tained shall extend or apply to the day fixed by this Act for the nomination or election of candidates for the offices of mayor or councillors. 906 TOWNS Cap, 2 1911-18 4. Where in this Act a certain day is fixed on or by which Ejttension certain things are to be done or proceedings had if it appears" *™* that such date was fixed having regard to an earUer date fixed on or by which certain other things are to be done or proceedings had then notwithstanding anything herein contained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. 5. Where forms are prescribed deviation therefrom not^"""™^ affecting the substance not calculated to mislead shall not vitiate the same and forms to the like effect shall suffice. 6. Where powers to make by-laws, regulations, rules or orders Make is conferred it shall include the power to alter or revoke the'a^to, etc. same from time to time and to make others, excepting where by-laws are made for the purpose of raising money, • levying assessments or striking rates. PART I. Application of Act and Repeal of Certain Ordinances, Etc. 7. This Act shall apply to all towns now existing in the province AppUoation except such as may be incorporated by special Ordinance of°'*°* the North-West Territories, or by special Act of the Province of Alberta, and the same shall continue to exist as town municipalities and be subject to the provisions of this Act; and this Act shall also apply to all towns or town municipalities hereafter created or established within the, province: Provided that the Lieutenant Governor in Council may, upon application of any town so incorporated by special Ordinance or Act, order that this Act shall apply to any such town instead of the Act or Ordinance incorporating same, and from and after the date of such order the provisions of such special Act or Ordinance and any amendments thereto shall cease to apply to such town, and the provisions of this Act shall be substituted therefor and shall apply to such town municipality. 8. Every town in the province now or hereafter created or General established is hereby declared to be a body corporate and subject "uH^ti^m to all the habilities of a corporation with full power to acquire, <>* *<"™8 hold and alienate both real and personal estate for all municipal purposes and by the same name they and their successors shall have perpetual succession and shall have power to sue and be liable to be sued, implead and be impleaded, answer and be answered imto in all courts and in all actions, causes and suits at law and in equity whatsoever; and they shall have a common seal with power to alter and modify the same at their pleasure; and they shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property (real or personal) for the use of the town and of becoming parties to any contracts or agreements in the management of the affairs of the town. (2) The name of the body corporate shall be "The Towncorp^ate of {naming the town)." name 907 1911-13 Cap. 2 TOWNS (3) The Minister may from time to time alter the name of any town upon a petition of a majority of the council and a notice of such alteration shall be published in The Alberta Gazette and in such case the seal theretofore used by such town shall continue to be the seal thereof imtil changed by the council. 1913 (1st Session), c. 8, s. 2. Repeal 9. Upou the comiug into force of this Act, The Municipal Ordinance, being chapter 70 of the Consolidated Ordinances 1898, and all Ordinances or Acts passed in amendment thereof, shall no longer apply to town municipalities incorporated there- imder, and the provisions of this Act shall be deemed provisions substituted for the said Ordinance and amendments thereto in regard to such towns: Provided however that no town municipality existing at the time of the coming into force of this Act or no town mimi- cipality to which hereafter the provisions of this Act made applicable imder the provisions of section 7 hereof, shall by reason of anything contained in this Act or by reason of the repeal of the said Ordinance and amendments thereto or special Act or Ordinance incorporating such towii, be relieved from any duty, obligation, liability or indebtedness heretofore or now owing, existing due or accruing due to any person, corporation or company and whether the same arises or exists by reason of or by Adrtue of any Statute, Ordinance, by-law, law, contract or tort or by virtue of any proceedings heretofore taken, passed, existing or in force; and notwithstanding the repeal of the said Ordinance and amendments thereto or special Act or Ordinance incorporating such town, such duty, obligation, liability or indebtedness shall continue with the same force and effect as if the said Ordinance and amendments thereto or special Act or Ordinance incorporating such town, had not been repealed; and Provided further that until a new council is elected under this Act the head and members of the council of such town municipalities respectively shall be deemed and taken for all purposes to be the head and members of the coimcil of such town municipalities; and Provided further that until altered under the authoiity of this Act all by-laws existing at the time of the coming into force of this Act in the said town municipalities respectively' shall be deemed and taken for all piu^poses to be the by-laws of such town municipalities respectively; and Provided further that the repeal of the said Ordinance and amendments thereto or special Act or Ordinance incorporating such town shall not be construed as depriving in any way any town municipality of its real or personal property as assets of any kind or of any part thereof; but on, from and after the coming into force of this Act therein all town municipaUties shall have and possess the same rights therein and thereto as they had or possessed respectively immediately prior to such repeal taking effect; and Provided further that nothing herein contained shall affect the legality of any work undertaken, or any proceedings begun, had or taken pursuant to the said Ordinance and amendments thereto or special Act or Ordinance incorporating such town, 908 TOWNS Cap. 2 1911-13 but such proceedings may be continued and concluded under any of the provisions of the said Ordinance and amendments thereto or of any special Act or Ordinance incorporating such town applicable thereto. TOWN BOUNDAEIES. 10. Whenever a majority of the resident land owners of any Additions territory adjacent to a town desire annexation thereto and present Jmtanra of a petition to the council to that effect the Lieutenant Governor p''*'*'"'^ in Council with the consent of the council of the town may by proclamation annex the said territory to and make it a part of the town; the said annexation shall take effect on such date and on such terms and conditions as the Lieutenant Governor in Council may by proclamation provide. (a) Provided, however, that no territory shall be annexed to any town, unless a plan of subdivision of such territory has been registered in the land titles office for the land registration district within which such land is situated and unless there is erected on such territory at least one building actually occupied as a dwelling-house or place of business, for every five acres included therein. 1913 (1st Session), c. 8, s. 3. (b) The Lieutenant Governor in Council, upon receipt of a petition from the owner or owners of any parcel of land within the limits of the town of an area of not less than 80 acres, 50 per cent, of which is under cultivation and used exclxisively for agricultural purposes and of which no plan of subdivision has ever been registered, may separate such territory from the town upon such terms and conditions as the Lieutenant Governor in Council may by proclamation provide, and from and after the date of such proclamation, such territory shall cease to form part of such town but shall continue liable for the payment of any debenture indebtedness of the town incurred prior to the date of such proclamation in the same manner as if such separation had not taken place. 1913 (1st Sessioii), c. 8, s. 3. V 11. The Lieutenant Governor in Council may upon the Additions petition of the council of any town include within the town anyf^tanra o*f territory adjacent thereto which from the proximity of streets""^ °°'™'^ or buildings or the probable future-exigencies of the town it may be deemed desirable to include therein or to aimex thereto; the said annexation shall take effect on such date and on such terms and conditions as the Lieutenant Governor in Council niS'y by proclamation provide. _ 13. For the purpose of defining boundaries of a town muni- Boundaries eipality imder this Act those sides of road allowances on which monuments or posts have been or may hereafter be placed imder a survey made or to be made pursuant to any Act of the Dominion of Canada respecting the survey of Dominion lands, from time to tune in force in Alberta, shall be the boundaries either of townships or sections: _ Provided however that in the case of correction lines the south, side of the road allowance shall be the boundaries and that the boundaries of any Indian Reserve shall be the lines defining that side of the road allowance immediately next to such Indian Reserve. 909 1911-18 Cap. 2 TOWNS PART II. Powers of council Council a continuing body Municipal Government. 13. The powers of the said corporation shall, be exercised by the coimcil of the town which shall consist of a mayor and six councillors. (2) The coimcil shall be deemed and considered to be always continuing notwithstanding any annual or other election of the members composing it; and after any such election and the organization of the council for the next year it may take up and carry on to completion all proceedings commenced but not completed by the last year's council. Term of office of mayor and councillors 14. Subject to the provisions hereinafter contained respecting the term of office of the mayor and councillors elected at the first election after a village becomes a town the term of office of the mayor shall be for two years and the term of office of the councillors shall be for two years and both the mayor and the councillors shall be elected by a general vote of the electors.^ Persons disqualified for council Disqualifi- cation not to *! exist in certain 15. After the first election every person shall be eligible -for election as mayor or councillor who is a British subject by birth or by naturalization, is a male of the full age of twenty-one years is able to read and write the English language, is not subject to any disqualification under this Act or The Controverted Muni- cipal Elections Act, is resident within the town or within two miles of the limits of the town and is at the time of nomination the owner of an iaterest in land within the town, which interest is of the value of $100.0,0 over and above charges, liens and encum- brances affecting the same and whose name is on the last revised assessment roll of the town and who has paid all taxes due by him to such town: 1913 (1st Session), c. 8, s. 3. ^Provided however that no judge of any court of civil jmris- diction, no sheriff, no deputy sheriff, no gaoler or keeper of any house of correction, no constable, assessor, secretary-treasurer, auditor or other paid official of the town, no bailiff, no inspector of licenses, no person having by himself or his partner an iaterest in any contract with or on behalf of the town or being indebted to the town, no surety for any officer or employee of the town and no person who has been convicted of treason, felony or of an offence punishable with death or with imprisonment for five years or over shall be qualified to be a member of the council; and Provided further that no person shall be disqualified from being elected a member of the council by reason of his having a contract for the publication of any 'advertisement in any public newspaper or by reason of his being a shareholder in any incorporated company having dealings or contracts with the town or by his having a lease of twenty-one years or upwards of any property from the town; but no such leaseholder shall vote in the council on any question affecting any lease from the town and no such shareholder shall vote on any question affecting such company. 910 TOWNS Cap. 2 1911-13 VACANCIES. 16. The mayor or any councillor may resign his seat in the Eesignation coimcil at any time by giving written notice to the secretary- treasurer who shall bring the same to the notice of the coimcil at its next meeting and the said resignation shall take effect and the seat shall become vacant upon the receipt of the said notice by the secretary-treasurer. 17. If after the election of any person as a member of the geoiaration council he is convicted of felony or becomes insolvent within the meaning of any Act in force in Alberta or assigns his property for the benefit of his creditors or absents himself from the meetings of the council for three months without being authorized so so to do by a resolution of the council entered upon its minutes his seat in the coimcil shall ipso facto become vacant and the council shall forthwith declare the seat vacant. 18. If a seat in the council becomes vacant by death, resignation Election to or otherwise the council shall forthwith appoint a returning ™ vacancy officer to hold an election to fill the vacancy and such election "'°°"° ' shall be held in the manner as nearly as may be as other elections under this Act and if the seat in the council of a councillor whose term would not otherwise have expired at the end of the then current year become vacant after the first day of November in any year then such vacancy may be filled by the election of an esctra councillor at the next general election and the pferson obtaining the next highest number of votes after the regular number of councillors have been elected shall be the person to fill such vacancy and in such cases every elector shall be entitled to vote for one extra candidate for each vacancy to be filled; and in case not more candidates are nominated than the number required to be elected the candidate last nominated shall be . deemed to be elected to fill such vacancy. 19. In the event of a member of the council forfeiting his compulsory seat at the coimcil or his right thereto or becoming disquaUfied'^^^'^nation to hold his seat or of his seat becoming vacant by disqualification or otherwise he shall forthwith resign his seat and in the event of his omitting to do so within ten days thereafter proceedings may be taken to imseat him as provided by law. MEETINGS OF COUNCIL. 30. The first meeting of the council in each year shall bepirat held on the first Monday in January except when that Monday ^s^*'"* is a public holiday in which case the meeting shall take place on the next subsequent day which is not a public holiday; and the council of the previous year shall hold office imtil the new council meets. 31. A majority of the whole council shall be necessary to Quorum form a quorum and no act nor other proceeding of any council shall be deemed vahd or binding on any party which is not adopted at a regular or special meeting of the council at which a quorum is ipresent. 911 1911-13 Cap. 2 TOWNS CoDduct of Duties Appointment of special constables 33. The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct but the person presiding at any meeting may cause to be expelled and excluded any person who has been guilty of improper conduct at such meeting. MAYOR. 33. The mayor shall be the chief executive officer of the town and it shall be his duty to be vigilant and active in causing the laws governing the town to be duly executed, to inspect the conduct of all town officers and so far as in his power to cause all negligence, carelessness and violation of duty to be duly prosecuted and. punished and to communicate from time to time to the council all such information and to recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the town.. (2) The mayor shall during his term of office be ex officio a justice of the peace unless disqualified by law. 34;. The mayor may at any time and from time to time by writing under his hand appoint and engage one or more special constables within the town for such time not exceeding fifteen days as shall be stated in the appointment; but the authority of any such constable shall cease if his appoiulment be not confirmed at the next regular meeting of the council; such special constable shall for the time being form a part of the police force of the town. 35. The mayor may suspend any mimicipal officer and he shall thereupon report such suspension and the reasons therefor to the council who may either dismiss or reinstate the suspended officer; and in case he is dismissed such officer shall receive no salary or remuneration from the date of such suspension unless the council by a resolution otherwise determines. 36. The mayor or in his absence the deputy mayor shall preside at all meetings of the council; he shall preserve order and enforce the rules of the covmcil and he shall sign (jointly with the treasurer) all the cheques issued by the town. Deputy mayor 21. The council shall at its first meeting and every three months thereafter from amongst its members appoint a deputy mayor who shall hold office for three months and imtil his successor is appointed and who in case the mayor through illness, absence or any other cause is unable to perform the duties of his office or in case his office is vacant shall have all the powers of the mayor during such inability or vacancy. Power of suspension To preside, etc. Chairman Vote 38. If the person who ought to preside at any meeting of the coxmcil does not attend within fifteen minutes after the hour appointed for the meeting the members of the council who are present may appoint a chairman who shall during the meeting have the same authority as the absent person woiUd have had. 39. The mayor or other officer presiding at any meeting of the council may vote with the other members on all questions except where he is disquaUfied to vote by reason of interest or 912 TOWNS Cap. 2 1911-13 otherwise and (save as otherwise provided herein) any question upon which there is an equality of votes shall be deemed to be negatived. 30. The mayor shall call special meetings of the council ^p^^*'^ whenever requested in writing so to do by a majority of the council and all the members of the council shall be duly notified of the meeting at least twenty-four hours prior thereto and (in general terms) of the business to be transacted thereat. 31. If so requested at any time by the written petition of ^^^° twenty electors the mayor shall by a printed public notice conspicuously posted in at least ten places in the town call a public meeting of the electors for the discussion of the municipal affairs of the town or of any matters relating thereto. OFFICIALS. 32". The council may appoint a secretary, a treasurer or aCotmoato secretary-treasurer, an assessor, a town solicitor and one orcS?aS* more auditors and they may also appoint such superintendents"®"'*'* and other officers as they deem necessary or expedient to appoint for the purpose of carrying into effect the provisions of tins Act or any by-law of the town including a chief of poKce and all necessary pohce constables or officers. 1913, c. 22, s. 1. (2) The same person may be appointed to more than one of such offices. 33. The coimcil shall not make any appointment to office Appointment or any arrangement for the discharge of the duties of any°°^j*^''«''y municipal office by tender or by application at the lowest remuneration. 34. All officers appointed by the council shall hold office Tenure of until dismissed by the council; and in addition to the duties"*^" assigned to them by this Act or by the general law of Alberta shall perform such other duties as may be required of them by the by-laws of the council. 35. In addition to defining the duties of any officer the council Security may by by-law require him to give such security as they may deem expedient for the faithful performance of his duties; and during the month of January in each year all such securities shall be produced to the mayor and shall be laid by Hm before the council. 36. The bonds or poUcies of guarantee of any corporation character of empowered to grant securities, bonds or policies for the integrity and faithful accounting of pubhc officers or servants or persons occupying positions of trust may be accepted instead of or in addition to the personal bond of any officer of the town. 37. Every officer, servant and agent of the town shall be Liability personally liable for any damage arising from his acts or defaults or from his refusal or neglect to discharge the duties imposed upon him by law or by this Act or by the by-laws of the council in addition to any penalties otherwise imposed for the said acts or defaults. 913 1911-13 Cap. 2 TOWNS Gratuitiea 38. A council may grant any officer who has been in the service of the town for at least twenty years and who while in such service has become incapable through age or illness of efficiently discharg- ing the duties of his office a sum not exceeding his aggregate salary for the last three years of his service as a gratuity upon his dismissal or resignation. SECBETABY-TREASUEER. Secretary- treasurer to attend meetings, etc. Secretary- treasurer to furnish bond 39. The secretary-treasurer shall attend all meetings of the coimcil and shall truly record in a book without note or comment all resolutions, decisions and other proceedings of the council; and (if required by any member present) shall record the name and vote of every member voting on any matter submitted; he shall safely keep all the books, docmnents and records of the council and the originals (or duly certified copies) of all the by-laws thereof. (2) The secretary-treasurer shall within one month after entering on hi^ duties furnish to the town security in a penal sum to be named by the council for the true and faithful perform- ance of all the duties required of him by this Act and the said security shall be a guarantee bond of a guarantee company author- ized to do business in the province. Records open to inspection 40. Any elector may at all reasonable times inspect any account or demand, contract, by-law, report of the commissioners or of any committee or of any official of the town (other thaja the town sohcitor or any counsel engaged by the town) after the same respectively have been submitted to the council and also the voters' lists, poll books or other documents relating to any election or voting; and the secretary-treasurer shall within a reasonable time after demand by any elector furnish him with copies of any such documents or parts thereof at the rate of ten cents per one hundred words. Copies of records 41. A copy of any such book, record, document or account certified under the hand of the secretary-treasurer and the town seal shall be received in evidence without proof of the seal of the town or of the signature or official character of the person appearing to have signed the same unless the court or a judge thereof otherwise orders. Moneys 43. The sccretary-trcasurer shall collect, receive and safely keep all moneys belonging or accruing due to the town from whatever soxirce and shall pay out the same only to such persons and in such manner as is directed by laW or by the by-laws of the coimcil. Deposits and cheques 43. The secretary-treasurer shall daily or as often as the council may direct deposit in the name of the town in some chartered bank designated by resolution of the council all such moneys received by him; and he shall (jointly with the mayor) sign all necessary cheques. Books to be 44. The secretary-treasurer shall keep and make use of Mraltwy- such books of record and account as the Minister shall from treasurer time to time require him to keep and use including the debenture 914 TOWNS Cap. 2 1911-13 register required by the the provisions of this Act and shall also HaU yearly prepare and submit to the council half-yearly a correct statement^'***™™* of the moneys at the credit of the town. (2) Any secretary-treasurer, or other officer of the town who refuses, neglects or fails to discharge the duties of his office, or who knowingly signs any false statement, report or return required by this Act, or any other enactment in force in the province, or who refuses or neglects to hand over to his successor ia office, or such persons as may be designated in writing to him by the council or by the Minister, all moneys, books, papers and other property of the town in his possession, in addition to any civil liability which he may incur, shall be guilty of an offence and hable on summary conviction thereof to a penalty not exceeding $100.00. 1913 (2nd Session), c. 22, s. 2. 45. The secretary-treasurer shall collect a fee of twenty-five ^^*'''='» *^« cents per lot for every search made in the assessment or tax rolls; and shall also, if required, without additional fee, give a certificate under his hand showing whether or not all taxes due ia respect of any such lot have been paid and if not the amount of the arrears chargeable against the said lot; and such fee shall form part of the general revenue of the town. 46. In case the secretary-treasurer is absent or is incapable Absence of performing his duties the coimcil may be resolution appoint some person to act in his stead during the period of such absence or incapacity and during such period the person so appointed shall have all the powers of the secretary-lreasurer. 47. The council of any town which has appointed a secretary and a treasurer may by by-law divide the duties herein assigned to the secretary-treasurer between such officials in such manner as they may deem propter. ^ SOLICITOH. 48. The town solicitor shall be a member of the Law Society Appointment of Alberta and the council may determine his duties and the terms and period of his employment. 49. In case the remimeration of the town solicitor is to be Remuneration paid wholly or partly by salary the town shall notwithstanding be entitled to tax and collect lawful costs in all actions and proceedings to which the town is a party; provided such costs are by the terms of the engagement of the town solicitor payable to him as part of his remuneration in addition to his salary. ATTDIT. 50. The council shall at its first meeting in. each year or within Appointment two months thereafter appoint one or more auditors but no "^ *""^*°™ one who then or during the preceding year is or was a member of the coimcil or is or was secretary-treasurer or who has or had ^°'""^°'' during the preceding year directly or indirectly alone or with any other person a share or interest in any contract or employ- ment with or on behalf of the town (except as auditor) shall be so appointed: 915 1911-13 Cap. 2 TOWNS Provided that an incorporated company or a partnership may be appointed as auditor. Audit Audit before payment 51. The auditor or auditors so appointed shall at least once in every three months during the year examine, audit and report upon all books and accounts affecting the town or relating to any matter under its control or within its jurisdiction and after the examination of every account, voucher, receipt and paid debenture shall stamp thereon in indelible letters the word "audited" and initial the same. (2) The auditor shall on every occasion write a special report respecting all expenditures made contrary ' to law, by-law or resolution and shall dehver the said report to the mayor who shall lay the same before the council at its next meeting. 53. The council may by by-law provide that the auditor or auditors shall audit all accounts before they are paid. Auditor's abstract Abstract of receipts, expenditure, etc., for the year Financial year ' 53. On or before the fifteenth day of November in each year ■file auditor or auditors shall prepare in such form as the Minister may direct and on or before the first day of December the secretary-treasurer shall cause to be printed in such quantity as the Minister shall direct an abstract of the receipts, expenditures, assets and lia,bilities of the town up to the preceding thirty-first day of October including a statement showing the total amount of debentures authorized to be issued, the debentures actually issUeSd, those actually sold or otherwise disposed of and how disposed of and those remaining on hand. (2) On or before the first day of March in each year the auditor or auditors shall prepare in such form as the Minister jnay direct an abstract of the receipts, expenditures, assets and liabilities of thejtown for the financial year ending on the thirty-first day of December of the preceding year including a statement showing -the total amount of debentures authorized to be issued, the debentures actually issued, those actually sold or otherwise and how disposed of and those remaining on hand; he shall make a special report respecting any expenditures made contrary to law; he shall deliver the said abstract and report to the mayor who shall lay the same before the council at its next meeting; and the council shall on or before the first day of April in each year cause the said abstract and report or a synopsis thereof to be published in some newspaper published in the town, or, if there is no newspaper published therein in the newspaper the place of publication of which is nearest thereto and shall cause a copy of such abstract and report to be forwarded to the Minister. (3) The financial year of the town shall commence on the first day of January and close on the thirty-first day of December in each year. Inspections 54. Any elector may inspect the said abstracts and reports or any of them and may by himself or his agent and at his own expense take a copy thereof or extract therefrom. 916 TOWNS Cap. 2 1911-13 OATH OF OFFICE. 55. Every member of the council, the secretary-treasurer, officials, etc. the assessor, the town solicitor, town engineer and every other town officer who may by the terms of his appointment be required so to do shall before entering upon the duties of office make and subscribe a declaration of office to the following effect: I, A.B., do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of {inserting the name of the office), {or in the case of a person who has been appointed to two or more offices which he may lawfully hold at the same time, that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the offices of as the case may be) to which I have been elected {or appointed) in this town, and that I have not received, and will not receive any payment or reward or promise thereof, for the exercise of any partiality or abuse or undue execution of, the said office {or offices), and that I have not by myself or. partner, either directly or indirectly, any interest in any contract with or on behalf of the said town, save and except that arising out of my office as {naming the office). So help me God. 56. Any person who has been elected or appointed to two ^°J,^\'g^°„' or more offices which he may lawfully hold at the same time one office may make one declaration of office as to all the offices to which he has been elected or appointed. 57. Every returning officer, poll clerk, constable or other i^turning officer appointed to act at an election shall before entering upon ° ™"' the duties of his office make and subscribe a solemn declaration to the effect following: I, A.B., do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of {inserting the name of the office) to which I have been appointed in this town; and that I have not received and will not receive any payment or reward or promise thereof for the exercise of any partiality or abuse or other undue execution of the said office. So help me God. 58. When any oath or affirmation or declaration is required f^i," taken™ to be taken or made by a returning officer and no special provision is herein made therefor the same may be made and subscribed before the poll clerk or before a notary public, commissioner for taking affidavits or justice of the peace; and the returning officer, notary public, commissioner for taking affidavits or justice of 'the peace may administer any oath or affirmation or declaration required to be made by a poll clerk under the provisions of this Act. 59. The declaration of office to be made and subscribed by Auditor every auditor shall be as follows: I, A.B., having been appointed to the office of auditor for the town of do hereby promise and declare that I will faithfully perform the duties of the said office according to the best of my judgment and ability, and I do solemnly declare 917 1911-13 Cap. 2 TOWNS that I had not directly or indirectly any share or interest whatever in any contract or employment (except that of auditor, if reappointed) with, by or on behalf of the town, during the preceding year, and that I have not any such contract or employ- ment except that of auditor for the present year. So help me God. Before whom to be taken 60. The mayor and councillors and the other town officers who are required as aforesaid to make a declaration of office shall make and subscribe the said declaration of office before a commissioner for taking affidavits, a notary public or justice of the peace. Power to adimnister oath 61. The mayor, any notary public, commissioner for taking affidavits or justice of the peace may administer any oath, affirmation or declaration relating to the business of the town except where herein otherwise specially provided and except where he is the person required to make the oath, affirmation or declaration. Deposit of form of oath 63. The deponent, affirmant or declarant shall subscribe every such oath, affirmation or declaration and the person administering it shall duly certify and preserve the same and shall within eight days deposit the same in the office of the secretary-treasurer who shall preserve it among the town records. Absence of mayor 63. The mayor or in his absence the presiding officer of the council or of any committee thereof may administer an oath or affirmation to any person concerning any account or other matter submitted to or being dealt with by the council or any committee thereof. POLICE. of°^Ucefor"e ®^- ^he poUce forcc shall consist of a chief of police and as many constables and other officers and assistants as may by the coimcil be deemed necessary from time to time. Members of force to be appointed by the council Form of oath Council to make regulation 65. The members of the police force shall be appointed by the council and shall hoM office until dismissed by the council and shall before entering upon their duties as members of such force take and subscribe the following oath: I, A.B., do swear that I will well and truly serve His Majesty the King in the office of chief of police {or police constable as the case may be) for the town of with no favour or affection, malice or illwill; and that I will to the best of my power cause the peace to be kept and preserved and will prevent all offences against the person and properties of all persons and that I will to the best of my skill and knowledge discharge all the duties of my office faithfully and accordiing to law. So help me God. 66. The council shall from time to time make such regulations as they may deem expedient for the government of the force and for preventing neglect or abuse and for rendering the force efficient in the discharge of all its duties. 918 TOWNS Cap. 2 1911-lS 67. The constables shall obey all lawful directions of and°^^^°' be subject to the orders of the chief of police and shall be charged constables with the special duty of preserving the peace, apprehending offenders and generally with the performance of all duties which by law devolve upon constables and peace officers. 68. Any person who upon the coming into force of this Act Easting is acting either as chief of police or police constable in any town^J^^^™*^ in the province is hereby declared to have been lawfully appointed to such office and every such person is, hereby further declared to be as stibject to the government of the council of the town in which he is so acting as if he had been appointed to such office under the provisions of this Act. 69. Any member of the force may be dismissed or suspended ^^^*^°'' by the council at any time. from force 70. The coimcil shall from time to time fix the remuneration Councuto, fix to be paid to the chief and constables or men employed. remuneration PART III. Mttnicifal Elections. 71. The persons qualified to vote at the first election after First election a village becomes a town for mayor and councillors in any town shall be the persons, male or female, of the full age of twenty-one years — 1. Whose names are on the last revised assessment roll of the Adllage now comprised within the town; or 2. Whose names are on the last revised assessment roll of the rural municipaUty or local improvement district for that portion of the town not formerly comprised within the said village. 73. For the purposes of the said first election in any town Persons eUgibie every person is eligible for election as mayor or councillor who ** first deotion is a British subject by birth or naturahzation, is a male of the *' ""^ " ^ full age of twenty-one years, is able to read and write the English language, is not subject to any disqualification xmder this Act or The Controverted Municipal Elections Ad, is resident within the town or within two miles of the limits of the town and is the owner at the time of nomination of an interest in land in the town, which interest is of the value of $100.00 over and above all charges, liens and encumbrances affecting the same and whose name is on the last revised assessment roll of the village or on the last revised assessment roll of the mimicipality for that portion of the town not formerly comprised within the village, and who has paid all taxes due by hun. 1913 (1st Session), c. 8, s. 5. 73. Only persons qualified to vote for candidates shall be who may qualified to nominate candidates for the office of mayor or?aSudS!t« councillor. 919 1911-13 Cap. 2 TOWNS o£^yor°*'^°^ '^*' '^^^ ^^^ ^^ ^^^^ °^ *^® mayor at the said first election shall be to the end of the calendar year then next followiag the year in which such election is held. Term of office of councillors 75. The three candidates first nominated for councillors in the event of there being no poll or the three candidates receiving the highest number of votes in the event of a poll being held shall be declared elected for the term ending at the end of the calendar year next following or next but one following the date of the election according as such election is held prior or not prior to the first day of July; and the remaining three candidates so nominated or elected shall be declared elected for the term ending with the then calendar year or the next following calendar year according as such election is held prior or not prior to the first day of July; and thereafter one-half the required number of councillors shall be elected annually and shall hold office for two years unless otherwise provided. (2) The returning officer for the said first election shall be the secretary-treasurer for the town. Special 76. In the event of an election being held after the said first election before ij" i j_ i p ji j* i •• c <» preparation election Dut bciore the preparation and revision of a voters of voters' list jjg^ ^jjg provisions of this Act as to the first election including the qualification of voters and candidates shall apply. Names to be furnished. the secretary- treasurer 77. For the purposes of the said first election the secretary- treasurer of the said rural municipaUty or local improvement district and the proper officer of the village shall respectively two days prior to nomination day furnish the returning officer with a list of all the ratepayers and persons on the last revised assessment rolls of the said municipality, local improvement district and village for that part of the town formerly included in them or any of them. voters' lists. Qualification of voters Proviso as to nonpayment of taxes Defaulters' Ust 78. The persons qualffied to vote at elections shall be the persons, male or female, of the full age of twenty-K)ne years whose names appear upon the last revised voters' lists of the town: Provided always that a town may by by-law declare that no person shall be entitled to vote who has not on or before a day to be named therein paid all taxes due by him to such town either for the current year or all arrears of taxes or both. (2) In towns which have passed a by-law under the provisions of the proviso to subsection (1) of this section on or before the day of nomination of candidates the secretary-treasurer shall prepare and verify on oath a correct alphabetical list of the names of all persons who have not complied with the terms of any such by-law, such list to be called "the defaulters' list." (3) Any person named in such defaulters' list may vote if at the time of tendering his vote he produces and leaves with the officer holding suclT election a certificate from the secretary- treasurer of the town showing that the taxes in respect of which default has been made have been paid; and such officer shall file such certificate, receive the vote and note the same on the defaulters' list. 920 TOWNS Cap. 2 1911-13 79. The -secretary-treasurer shall on or before the first' day ^/fPI™*'"" of September in each year prepare a voters' hst in alphabetical form and shall place thereon the names of all persons, male or female, of the full age of twenty-one years who are assessed upon the last revised assessment roll for $50.00 or upwards; and the assessor shall cause such voters' list to be printed, typewritten or written with the next following four sections hereof prefixed thereto; a copy thereof shall be posted up in the office of the secretary-treasurer on or before the fifteenth day of September. 1913 (1st Session), c. 8, s. 6. 80. Any person who has been continuously resident in the town Additions in the then current year prior to the first day of July and who is otherwise duly qualified but whose name is put down in error or whose name has been omitted from the last revised assessment roll may either by himself or his agent apply to have the voters' hst amended upon giving the secretary-treasurer a notice in the following form: To the, secretary-treasurer of the town of Take notice that I intend to apply to the council to have my name added to the voters' list (or as the case may be) for the follow- ing reasons (here state the grounds according to the facts). Dated this " day of ,19 (Signature of applicant) Applicant. or (Name of applicant) Applicant by his agent. 1913 (1st Session), c. 8, s. 7. 81. If any person has on or before the first day of October in Removaia the then current year disposed of the property upon which he was^^^™^;™^^^^ qualified as a voter or so much thereof that he is no longer the on ust owner of land, which appears from the last reAdsed assessment roll to be of the value of $50.00 or upwards, or if any person's name is wrongfully put down on the voters' list, such person shall be disqualified as a voter and any elector may apply to the court to have the name of such person so or otherwise disqualified struck off the voters' list, and the name of the person or persons now the owner or owners of the property disposed of, if otherwise entitled, substituted in the name of any such persons so disqualified. 1913 (1st Session), c. 8, s. 8. 83. Notice served upon the secretary-treasurer under the Notice three next preceding sections shall be served on or before the first day of November. 83. On or before the fifth day of November the secretary- List of treasurer shall make a list of all applicants for amendments *'"''^'*°*^ to the voters' list stating names and grounds of each of such applications and shall post the same in a conspicuous place in his office; and he shall immediatley thereafter notify the parties interested of the time ajid place fixed by the council for hearing such Applications. 84. On or before the fifteenth day of November in each Court of year the council shall meet as a final court of revision on the"™'™ voters' list and shall titien hear and determine all applications 921 1911-13 Returzung officer, etc. Annual meetingB of electors Mayor, etc., to attend and submit reports Notice of nomination Cap. 2 TOWNS of which notice has been given to the secretary-treasurer as hereinbefore provided; and the secretary-treasurer shall there- upon amend the voters' list in all cases provided for by sections 80 and 81 inclusive hereof as may be right; and the list so amended shall be the voters' list of the town for the ensuing year or until a new voters' list has been finally revised. 85. As to the attendance of witnesses and the imposition and recovery of penalites and as to procedure the council when sitting as a final court of revision on the voters' list as aforesaid shall have the powers and privileges conferred by this Act upon the council in relation to the assessment rolt. ELECTIONS, GENERAL PKOVISIONS. 86. The coimcil shall at least one week prior to the last Monday in November in each year by byrlaw appoint a returning officer for the next town elections and name the place therein where the votes are to be polled; provided the coimcil may, if it deem proper, divide the town into polling divisions, name a polling place for each such division, appoint the returning officer to have charge of one of such polling places and a deputy returning officer to have charge of each of the remaining polling places. 87. The secretary-treasurer shall at least one week prior to the last Monday in November in each year cause to be posted up in at least five conspicuous places in the town a notice of the annual meeting of the electors in the following form Notice. PubUc notice is hereby given that a meeting of the electors of the town of will be held (description of place) on Monday, the (here fill in date on which the last Monday in November falls) day of November, 19 .... , at eight o'clock p.m., for the purpose of receiving the auditor's report of the finances of the town up to the preceding thirty-first day of October and for the purpose of receiving the reports of the chairman of the various committees of the coimcil. Dated at this day of , 19 Secretary-treasurer. 88. At the time and place set out in the niotice mentioned in the next preceding section the mayor, secretary-treasurer, auditor, the chairmen of the various committees shall attend and submit to the meeting their respective reports for that portion of the current year ending the thirty-first day of October. (2). The Minister may from time to time prescribe forms for the foregoing reports. 89. The returning officer shall at least six days prior to the first Monday in December post up in five conspicuous places in the town a notice in the following form: Notice. Town of . ^ Municipal Elections, 19 Public notice is hereby given that a meeting of the electors of the town of will be held (description of place) 922 TOWNS Cap. 2 1911-12 on Monday the day of Descember, 19. . . ., {here fill in the date on which the first Monday in December falls), from eleven o'clock in the forenoon until twelve o'clock noon, for the purpose of nominating candidates for the ofl&ce of councillors (and if STich is the case, for the office of mayor) for the next ensuing two years. ' Given under my hand at this day of 19 Returning Offixxr. 90. At the time and place named in the notice provided for NommatioM in the next preceding section the returning officer shall declare the meeting open for the purpose of receiving nominations and any person whose name appears on the last revised assessment roll may propose or second the nominations of any duly qualified person to serve as mayor or councillor of the town and the meeting shall remain open until noon when if the nmnber of persons nominated to serve as mayor or coimcillors does not exceed the requisite nmnber the returning officer shall declare the persons so nominated duly elected. 91. Every nomination for mayor or councillor shall be consent.to accompanied by a written consent from the person named in""™™**""" such nomination to accept the office if elected and a written statement that he is eligible to be elected for such such office which shall be in the following form: Candidate's Acceptance. I, hereby state that I am eligible for election as mayor {or councillor, as the case may be) of the Town of , and that I will accept office if elected. Signed in the presence of {Name of Witness.) {Name of Candidate.) 93. In the event of more that the required mmiber of persons PoU being nominated the returning officer shall declare that a poll will be held and shall name the time which shall be on the same day of the week as the nomination but in the next following week, the place or places where the votes are to be polled and also the time and place at which the result of the polling will be declared. 93. Whenever a poll has to be taken the returning officer Notice of shall without any unreasonable delay after the nomination cause p<»t>ng to be posted up in at least five conspicuous places within the town a notice to the following effect: Notice. Town of Municipal Elections Public notice is hereby given that an election will be held for the office of councillors {and if such is the case for the oMce 923 1911-13 Cap. 2 TOWNS 0/ mayor), of the Town of for the years 19. . .and 19. . . and that the polling will take place on Qiere insert date of polling) the ".day of 19...., from ten o'clock in the forenoon until seven o'clock in the afternoon at the following place or places {here specify polling place or places) and that I will at {describe the place) ,on {day of week), the day of 19. . . . , at .o'clock in the fore- nfoolx, sum up the votes and declare the result of the election. Given tmder my hand at this day of 19.... Returning Officer. Withdrawal of candidate 94. Any candidate nominated may withdraw at any time within forty-eight hours after the close of the nomination meeting by filing with the returning officeir a declaration in writing to that effect signed by himself in the presence of the returning officer, a justice of the peace, commissioner for taking affidavits or notary public; and any votes cast for a candidate who has thus withdrawn shall be null and void. Abandonment of poll 95. If by reason of any such withdrawal or withdrawals the number of candidates remaining in nomination for any office does not exceed the number required by this Act to be elected for such office the returning officer shall return as duly elected the candidate or candidates without waiting for the day fixed for the holding of the poll and the polling for such office shall not take place; and the returning officer shall forthwith post up in three conspicuous places in the town a notice to the followii^ effect: Notice. ToTvn of Municipal Elections, 19 Whereas nominated for the office of {as the case may be) has withdrawn his {or their) candidature for the said office, leaving the only candidate {or candidates) therefor, I hereby give notice that no voting for the said office {or offices) will take place on the day of {date of polling). Dated at this day of 19.... G.H., Returning 0-fficer. Vote by ballot 96. In case of a poll at a town election the vote shall be given by ballot. Ballot boxes Their construction Their distribution 97. Where a poll is required the secretary-treasurer shall provide as many ballot boxes as are required. 98. The ballot boxes shall be made of some durable material, shall be provided with a lock and key and shall be so constructed that the ballot papers can be introducted therein and cannot be withdrawn therefrom unless the box be imlocked. 99. When it becomes necessary for the purposes of an election to use the ballot boxes it shall be the duty of -the secretary- 924 TOWNS Cap. 2 1911-13 treasurer to deliver the same to the returning officer for the purposes of the election at least twenty-four hours before the opening of the poll. 100. Where a poll is required the returning officer shall forth- ^nted with cause to be printed at the expense of the town such a number of ballot papers as will be sufficient for. the purposes of the election. (2) Every ballot paper shall contain the names of the duly nominated candidates arranged alphabetically in the order of their surnames; or if there are two or more candidates with the same surname in the order of their Christian names. 101. The names of the candidates for mayor shall not be Tfaeir contents included in the same ballot with the names of the candidates for councillors. 102. The ballot papers shall be in the following forms: FOKM FOR MaYOE. o ALLAN. Charles Allan, of the town of. Merchant. BROWN. William Brown, of the town of. Banker. Form foe Councillors. O Hi M o o ARGO. James Argo, of the .town of. Gentleman. BAKER. Samuel Baker, of the town of Baker. DUNCAN. Robert Duncan, of the town of. Printer. 103. The returning officer shall before the opening of theDircoUona poll prepare such number of printed directions for the guidance *"^°'"° of voters in voting as he may deem sufficient. (2) Such directions shall be printed in conspicuous characters and may be according to the following form: 925 1911-13 Cap. 2 TOWNS Directions for the Gxtidancb of Voters in Voting. The voter shall go into one of the compartments and with pencil provided in the compartment place a cross on the right hand side opposite the name or names of the candidate or candidates for whom he votes or at any other place within the division which contains the name or names of such candidate or candidates. The voter will fold up the ballot paper so as to show the name or initials of the returning officer on the back and immediately after leaving the compartment shall without showing the front of the paper to any person deliver such ballot so folded to the returning officer and forthwith quit the polling place. If the voter inadvertently spoils the ballot paper he may return it to the returning officer who will Lf satisfied of such inadvertence give him another ballot paper. If the voter votes for more or less candidates for any office than he is entitled to vote for his ballot paper will be void as far as relates to that office and will not be counted for any of the candidates for that office. If the voter places any mark on his ballot paper by which he may afterwards be identified or if the ballot paper has been tom,Vdefaced or otherwise dealt with by the voter so that he can thereby be identified it will be void and will not be counted. If the voter takes a ballot paper out of the polling place or deposits in the ballot box any other paper than the one given to him by the officer he will be subject to imprisonment for any term not exceeding six months with or without hard labour. In the following forms of ballot paper given for illustration the candidates for mayor are Jacob Thompson and Robert Walker, for councillors John Bull and Morgan Jones and the elector has marked the first ballot paper in favour of Jacob Thompson for mayor and the second ballot paper in favour of John Bull for alderman. o THOMPSON. Jacob Thompson, of the town of. Merchant. WALKER. Robert. Walker, of the town of. Physician. at K o J o !2; o o BULL. John Bull, of the town of. Butcher. JONES. Morgan Jones, of the town of Grocer. 926 TOWNS Cap. 2 1911-13 104. Every polling place shall be furnished with a compart- ^^"^^^^^^ ment or compartments in which the voters may mark their votes screened from observation and it shall be the duty of the returning officer or deputy rettmiing officer to see that a proper compartment or compartments for that purpose is or are provided at each polling place. 105. Every returning officer or deputy returning officer shall ^/"J^^^Pj^ before the opening of the poll cause the said printed directions to be placarded outside the polling place and also in every voting compartment of the polling place and shall see that they remain so placarded until the close of the polling. 106. The poll book shall be in the following form: JB3Mg 0!^ iBgnja-jj UIOMg 0!^ pajoafqo g Eh f2 SIO|]I0TmOQ aoiC'Bj\[ uoi:^'BdnoDO aouapisa'a noi^.'Bogn'Bn^ H ^ ELECTIONS, PBOCEDUBE. 107. In the following sections 108 to 161 both inclusive the interpretation returning officer or deputy returning officer acting as such at any polling place at the municipal election is referred to as "the officer presiding at the poll." 927 1911-12 Poll olerks ConBtables Cap. 2 TOWNS 108. The officer presiding or appointed to preside at any poll at an election may by writing under his hand appoint a poll clerk who in the absence of the returning officer or in case of his illness or inability to fulfil the duties required of him by this Act shall have the powers of the officer by whom he was appointed. (2) The officer presiding at the poll may also appoint a constable to maintain order at the polling place or he may summon to his assistance in the polling place any police constable or peace officer for the purpose of maintaining order or of preserving the public peace or preventing any breach thereof or of removing . any person who in the opinion of the officer presiding at the poll is obstructing the polling or wilfully violating the provisions of this Act. Oath 109. Every returning officer, deputy returning officer, poll clerk, constable, candidate or agent authorized to be present at any polling place before exercising at any polling place any of the rights or functions of the office for which he has been so appointed shall take and subscribe before a justice of the peace or before the secretary-treasurer or (in the case of a poll clerk or constable or agent) before the returning officer at whose polhng place he is appointed to act an oath in form following: I, A.B., do swear that I will not at the election to be held in the town of , on the day of 19 .- . attempt in any way imlawf uUy to ascertain the candidate or candidates for whom an elector has voted; and will not in any way aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the person or persons for whom any elector has voted. So help me God. Duration of poll 110. The polls shall be kept open from ten o'clock in the forenoon until seven o'clock in the afternoon of the same day. Agenta 111. Any person producing to the officer presiding at the poll at any time a written authority to represent a candidate as his a,gent at a polling place shall be recognized as such by the said officer. One vote for mayor One vote for councillors 113. Every elector may vote once only for a mayor. 113. Every elector may vote once only for the munber of councillors to be elected and any ballot containing votes for more or less than the number of councillors to be elected shall be void. Penalty 114. Any person who votes oftener than he is entitled to vote under the provisions of this Act shall incur a penalty of $50. Evidence of voting 115. The receipt by any voter of a ballot paper within the polling booth shall be ■prima facie evidence that he has there and then voted. 928 TOWNS Cap. 2 1911-13 116. The officer presiding at the poll shall immediately after ^/^«°£,^ the opening of the poll show the ballot box to such persons as are present in the polling place so that they may see that it is empty; he shall then lock the box and place Ms seal upon it in such manner as to prevent its being opened without breaking the seal; and he shall then place the box in his view for the receipt of ballot papers and shall keep it so in his view and locked and sealed during the hours of polling. 117. Where a person claiming to be entitled to vote presents Procedure himself for the purpose of voting the officer presiding at the'"^"*'"^ poll shall proceed as follows: 1. He shall ascertain that the name of such person or a name apparently intended therefor is entered upon the voters' hst; 2. He shall record or cause to be recorded by the poll clerk in the proper colunms of the poll book the name, ,quahfication, residence and occupation of such person; 3. When the vote is objected to by any candidate or his agent, the officer presiding at the poll shall enter the objection in the poll book by writing his initials opposite the name of such person in the column headed "objected to," noting at the same time by which candidate or on behalf of which candidate the objection has been nfade by adding after his initials the name or initials of such candidate; 4. If any candidate or his agent demands that the voter be sworn the officer presiding at the poll shall administer to him the following oath: You swear (or solemnly affirm) that you are the person named {or intended to be named by the name of ) in the voters' list now shown to you (showing the list to the voter); That you have not voted before at this election; That you have not directly or indirectly received any reward or gift nor do you expect to receive any for the vote which you tender at this election; That you have not received anything nor has anything been promised you either directly or indirectly, either to induce you to vote at this election or for loss of time, travelling expenses, hire of teams or any other services connected with this election; And that you have not directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting at this election; So help you God; 5. If the voter takes the said oath the officer presiding at the poll shall receive the vote and shall enter or cause to be entered opposite such person's name in the proper colimm of the said poll book the word "sworn" or "affirmed," according to the fact; 6. Where the voter has been required to take the oath or affirmation and refuses to take the same the officer presiding at the poll shall enter or cause to be entered opposite the name of such vo'ter in the proper column of the poll book the words "refused to swear" or "refused to affirm" according to the fact and the vote of such person shall not be taken or received; and if the officer presiding at the poll takes or receives such vote or causes the same to be taken or received he shall incur a penaltv of $100; 929 1911-12 Cap. 2 TOWNS 7. When the proper entries respecting the person so claiming to vote have been made in the poll book in the maimer prescribed the officer presiding at the poll shall place a check or mark opposite to the name of the voter in the voters' list to indicate that the name of such person has been entered in the poll book and that the person has been allowed to vote; and shall then sign his initials on the back of the ballot paper; 8. Except in the case mentioned in clause 6 the ballot paper shall then be delivered to the voter. Explanation to voter 118. The officer presiding at the poll may and upon request shall either personally or through his poll clerk explain to the voter as concisely as possible the proper method of voting. Breach of dutjf by presiding officer Initialling poll book 119. Every officer presiding at the poll who refuses or wilfully omits to sign his initials upon the back of any ballot paper as provided for by clause 7 section 117 hereof shall forfeit to any person aggrieved by such refusal or omission the sum of $100 in respect of every ballot paper deposited in the ballot box at his polhng subdivision upon which the officer presiding at the poll has not signed his initials as aforesaid. 130. The officer presiding at the poll shall place in "the columns of the poll book headed "mayor" and " coimcillors," as the case may be, his initials opposite the name of every voter receiving a ballot paper to denote that the voter has received a ballot paper for mayor or coimcillors, as the case may be. Marking of ballot Secrecy of, .vote 131. Upon receiving from the officer presiding at the poU the ballot paper or papers prepared as aforesaid the voter shaU forthwith proc^d into the compartment provided for the purpose and shall then and therein mark his ballot paper or papers in the maimer mentioned in the directions contained in se(rt;ion 103 hereof by placing a cross on the right hand side opposite the name of any candidate for whom he desires to vote or at any other place within the division which contains' the name of the candidates, he shall then fold the ballot paper across so as to conceal the names of the candidates and the mark upon the face of the paper and so as to expose the initials of the said officer and immediately after leaving the compartment shall without delay and without showing the fropt to anyone or so displaying the ballot paper or papers as to make known to any person the names of the candidates for whom he has or has not marked his ballot paper or papers deliver same so folded to the officer presiding at the poll who shall without unfolding the same or in any way disclosing the names of the candidates or the marks made by the voter upon the ballot paper or papers verify his own initials and at once deposit. the ballot paper or papers in the ballot box in the presence of all persons entitled to be present and then being present in the polling place; and the voter shall forthwith leave the polling place. 133. While a voter is in a voting compartment for the purpose of marking his ballot paper no person shall be allowed to enter the compartment or to be in any position from which he can observe the mode in which the voter marks his ballot paper. 930 TOWNS Cap. 2 1911-ia 133. No person who has received a ballot paper from the^^^^^^ officer presidii^ at the poll shall take the same out of the polling not used place; and any i)erson having so received a ballot paper who leaves the polling place without first delivering the same to the said officer in the manner prescribed shall thereby forfeit his right to vote; and the said officer shall make an entry in the poll book in the colunm for "remarks" to the effect that such person received a ballot paper but took the same out of the polling place or returned the same declining to vote, as the case may be; and in the latter case the said officer shall immediately write the word "declined" upon such ballot paper and shall preserve the same. 134. If a person claiming to be entitled to vote is incapacitated Jj^^^yj,*^^^ by blindness or other physical cause from marking his ballot , paper or if a person claiihing to be entitled to vote makes a declar- ation that he is unable to read or when the voting is on a Satin-day that he is of the Jewish persuasion and objects on religious grounds to mark his ballot in the manner prescribed by section 121 hereof the proceedings shall be as follows: 1. The officer presiding at the poll shall in the presence of the agents of the candidates cause the vote of such person to be marked on a ballot paper in the manner directed by such person and shall immediately place the ballot in the ballot box; 2. The officer presiding at the poll shall state or cause to be stated in the poU book by an entry opposite the name of such person in the proper column of the poll book that the vote of such person is marked in pursuance of this section and the reason why it is so marked; 3. The declaration aforesaid may be in the following form: I, A.B., of , being named on the voters' list for the town of , and beittg a duly qualified electoir of the said town of do hereby declare that I am unable to read {or that I object on religious grounds to mark a ballot paper, as the case may be). A.B. his (X) mark. Dated this day of 19 .... ; 4. In the case of a i)erson who objects on religious grounds to mark a ballot paper the declaration may be made orally and to that effect and such declaration shall at the time of the polling be made by the person claiming to be entitled to vote before the officer presiding at the poll who shall attest the same according to the following form: I, CD., the undersigned, being the returning officer {or deputy returning officer as the case may be) of the town of , do hereby certify that the above {or as the case mny be) declaration, having been first read to the above named A.B., was signed by him in my presence with his mark {or in the case of one who objects on religious grounds to mnrk a ballot paper was orally made before me). {Signed) CD., Returning Officer {or Deputy Returning Officer). Dated this day of 19 135. A person claiming to be entitled to vote who has inadver-BaUot spoiled tently dealt with his ballot paper in such a manner that it cannot''^"" '°*^« be conveniently used as a baUot paper may on delivering to the 931 1911-12 Cap. 2 TOWNS Persons entitled to be in polling place officer presiding at the poll the ballot paper so inadvertently dealt with and proviiig the fact of the inadvertence to the satis- faction of the said officer receive another ballot paper in the place of thfe ballot paper so dehyered up; and the said officer shall immediately write the word "cancelled" upon the; ballot paper so dehvered to him; and he shall preserve the same till he makes his return under section 142. 136. During the time appointed for polling no person shall be entitled or permitted to be present in the polling place other than the officers, candidates, poll clerks, constables or agents authorized to attend at the polling place and the voter who is for the time being actually engaged in voting. Procedure on dose of poll 137. In every polling place the officer presiding at the poll ' shall immediately after the closing of the poll in the presence of the poll clerk, if any, and of such of the candidates or of their agents as may then be present open the ballot box and proceed to count the votes as follows; he shaU examine the ballot papers and any ballot paper which has not on its back his initials or on which more or less votes are given than the elector is entitled to give or on which anything except the initials of the said officer on the 'back is written or marked by which the voter can be identified or which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified shall be void and shall not be counted. Objections 138. The officer presiding at the poll shall take a note of any objection made by a candidate or his agent or any elector authorized to be present to any ballot paper found in the ballot box and shall decide any question arising out of the objection. BaUot to be 139. Every objection shall be numbered and a corresponding initiaUed ''° number shall be placed on the back of the ballot paper and initialled by the officer presiding at the poll. beeSdoraed ISO. The officcr presiding at the poll shall endorse "rejected" on any ballot paper which he rejects as invalid and shall endorse "rejection objected to" if any objection is made to his decision. Count Signed statement Agents at count 131. The officer presiding at the poll shall then count up the votes given for each candidate upon the ballot papers not rejected and shall make up a statement in words as well as in figures of the number of votes given for each candidate and of the number of ballot papers rejected and not counted by him which statement shall be made under the following heads: (a) Name of the town and date of election; (&) Niunber of votes for each candidate; (c) Rejected ballot papers. 133. Upon the completion of the statement it shall be signed by the officer presiding at the poll, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign such statement. 133. Not more than two agents of any candidate shall be entitled to be present at the same time in any polling place during the voting or the counting of the votes. 932 TOWNS Cap. 2 1911-18 134. Every officer presiding at a poll upon being requested ^j*J^J** so to do shall deliver to each of the persons authorized to attend at his polling place a certificate of the number of votes given for each candidate and of the number of rejected ballot papers. 135. Every officer presiding at a poll shall at the close of Certificate the poll certify vmder his signature on the poll book in full words an /sealing up the total number of persons who have voted and shall at the °' p*"''*^^ completion of the counting of votes in the presence of the candidates or agents of the candidates make up into separate packets, sealed with his seal and with the seals of such cancfidates or agents of candidates as desire to affix their seals and marked upon the outside with a short statement of the contents of such packet, the date of the election, the name of the officer presiding and of the town: (a) The statement of votes given for each candidate and of the rejected ballot papers; (6) The used ballot papers which have not been objected to and have been coimted; (c) The ballot papers which have been objected to but which have been coxmted by him; (d) The rejected ballot papers ; (e) The declined and cancelled ballot papers; (/) The unused ballot papers; (g) A statement of the niunber of voters whose votes have been marked by the officer presiding at the poll under section 124 hereof with the declaration of inability; and the notes taken of objections made to ballot papers foimd ia the ballot box; and shall make and subscribe before a justice of the peace or before the poll clerk a declaration in the following form: I, CD., returning officer {or deputy returning officer as the case may be) for the town of , do solemnly declare (or if he is a person permitted by law to affirm do solemnly affirm) that to the best of my knowledge the annexed copies of the voters' list and poll book used at this election held on the day of December, 19 .... , were so used in the manner prescribed by law and that the entries required by law to be made therein were correctly made. (Signed) CD., Returning Officer {or Deputy Returning Officer). Declared or affirmed before me at this day of 19 {Signed) K.Y. Justice of the Peace {or Poll Clerk, as the case may be) . 136. The packets shall be accompanied by a statement made oath on by the returning officer or deputy returning officer showing the'"*""" number of ballot papers entrusted to him and accounting for them under the heads of (1) counted, (2) rejected, (3) unused, (4) cancelled, (5) ballot papers given to voters who afterwards returned the same declining to vote, and (6) ballot papers taken from the polling place; which statement shall give the number of papers under each head and is in this Act referred to as "The Ballot Paper Account." (2) If there be only one poUing place the returning officer shall retain such voters' lists, poll-book, packets, ballot box 933 1911-13 Cap. 2 TOWNS Ingpeotion of poll book, etc. and declaration until after he shall have publicly declared the result of the election and shall then forward same to the secretary-treasurer. If there be more than one polling place the deputy returning officers for the additional polling places shall forward such voters' lists, poll-books, packets, ballot box and declarations to the returning officer who shall forward same to the secretary-treasurer at the same time as he forwards the voters' lists, poll-book, packets, ballot box and declarations for his own polling place. (3) Such voters* lists, poll-books, packets, ballot boxes and declarations may be inspected at any time by any elector in the presence of the secretary-treasurer. Ballot paper account 137. If there be only one polling place the returning officer shall on the date and at the place previously appointed publicly declare to be elected the candidate or candidates having the highest number of votes for each office to be filled by the election; he shall also post up on some conspicuous place a statement under his hand showing the number of votes polled for each candidate. (2) If there be more than one polling place the returning officer shall on the date and at the place previously appointed in the presence of such of the candidates or their agents as may be present break the seal of and open the ballot box received from each deputy returning officer and take the same proceedings as are by section 135 hereof required to be taken by the returning officer or deputy returning officers and shall make and initial all necessary corrections in the statement required by said section; the returning officer shall then add the votes given for eaCh candidate at each polling place, including his own, and shall publicly declare to be elected the candidate or candidates having the highest number of votes for each office to be voted upon by the electors; he shall also post up on some conspicuous place a statement under his hand showing the nimiber of votes polled for each candidate. Summary by returning officer of result Casting vote 138. In case it appears upon the casting up of votes as afore- said that two or more candidates for any office have an fequal number of votes the returning officer whether otherwise qualified or not, shall at the time when he declares the result of the poll give a casting vote so as to decide the election. And no other 139. Except in such case no returning officer shall vote at any election. Other offid^s 140. All poU clcrks and constables shall if otherwise qualified notdu,quahfied ^^ ^^^j^j^^ ^^ ^^^^^ Assumption of office Beturn by returning officer to secretary- treasurer 141. The person or persons elected as aforesaid shall make the necessary declarations of office and qualification and shall assmne office accordingly. 142. Forthwith after the election the returning officer shall deliver to the secretary-treasurer the ballot boxes, packets and returns aforesaid; and the secretary-treasurer shall thereafter be responsible for their safe keeping and for their delivery when required. 934 TOWNS Cap. 2 1911-18 143. The secretary-treasiirer shall retain for one month aU^^^^"" ballot papers received by him as aforesaid and shall then unless otherwise ordered by a judge cause them to be bvimed in the presence of two witnesses whose affidavit that they have witnessed the burning of the said papers shall be taken before the mayor or a justice of the peace and filed by the secretary-treasurer among the records of the town. 144. No person shall be allowed to inspect any ballot papers inspection in the custody of the secretary-treasm-er except imder order of a judge to be granted by the juc^e upon satisfactory evidence on oath that the inspection or production of the ballot papers is required for the piu^jose of maintaining a prosecution for an offence in relation thereto or for the piu^jose of taking proceed- ings under this Act to contest an election or return; and any such order for the inspection or production of ballot papers shall be obeyed by the secretary-treasurer. 145. The order shall state the time and place for inspecting order for such papers and shall name the persons to be present at such inspection and shall be made subject to such conditions as the juc^e thinks expedient. 146. In case at any time within fourteen days from the timeHe^unt when the ballot papers used at any election have been received by the secretary-treasurer it is on the affidavit of a credible person made to appear to a judge that the returning officer in coimting the votes given at any election has improperly counted or rejected any ballot papers the judge may appoint a time to recount the votes; and he shall cause notice ia writing to be given to the candidate or candidates whose seat or seats may be affected of the time and place at which he will proceed to recount the votes. 147. At the time of the application for a recount the applicant Deposit shall deposit with the clerk of the court the sum of $25 as security for the payment of costs and expenses and the said sum shall not be paid out by the clerk without the order of the judge. 148. The judge, the secretary-treasurer and each candidate Attendance notified to attend the recount of votes and his agent or solicitor and representatives of the press and no other person except with the sanction of the judge shall be entitled to be present at the recount of the votes. 149. The secretary-treasurer shall attend with the ballot p„cedure boxes at the time and place appointed and the judge shall proceed opening ot to recount all the ballot papers received by the secretary-treasitter *"* *** from the retiumng officer as having been given in the election complained of and he shall in the presence of the parties aforesaid if they attend or in the presence of such of them as do attend open the sealed packets containing — (a) The used ballot papers which have not been objected to and have been counted; (6) The ballot papers which have been objected to but which have been counted by the retiuning officer; 935 1911-13 Cap. 2 TOWNS (c) The rejected ballot papers; (d) The decUned and cancelled ballot papers; (e) The unused ballot papers. In recounting the votes care shall be taken that the mode in which any particular voter has voted shall not be discovered. Time Mode of counting 150. The judge shall as far as practicable proceed continuously, with the recount of the votes allowing only time for refreshment, excluding only Sundays and on other days excluding only except so far as he and the parties aforesaid agree the hours between six o'clock in the evening and nine o'clock on the succeeding morning; during the excluded time the judge shall place the ballot papers and other docmnents relating to the election imder his own seal and the seals of such others of the parties as desire to affix their seals and shall otherwise take precautions for the security of the papers and docimients. 151. The judge shall proceed to recount the votes as foUows: 1. He shall examine the ballot papers; 2. Any ballot paper on which votes are given for more or ' less candidates than are to be elected for the office in question or on which anything except the iaitials of the returning officer on the back is written or marked by which the voter can be identified and any ballot paper which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified shall be void and shall not be counted; 3. The judge shall take a note of any objection made by a candidate or by his agent to any ballot paper and shall decide any questions arising out of the objection; and the decision of the judge shall be final ; 4. The judge shall then count the votes given for each candidate upon the ballot papers not rejected and shall make a statement in words as well as in figures of the number of votes given for each candidate and of the nimiber of ballot papers rejected and not counted by him; which statement shall be made under the several heads following: (a) Names of the candidates; (&) Number of votes for each candidate; (c) Ballot papers wanting initials of retimiing officer; . (di) Ballot papers rejected as marked for more candidates than were to be elected; (e) Ballot papers rejected as having upon them a writing or mark by which the voter can be identified or as torn, defaced or otherwise dealt with by the voter so that he can thereby be identified; (/) Ballot papers rejected as unmarked or void for uncertainty; 5. Upon the completion of the recount or as soon as he has thus ascertained the result of the voting the judge shall seal up all the ballot papers in separate packets and shall forthwith certify the result to the secretary-treasurer, who shall there- upon by notice to be posted in his office declare elected the candidate having the highest number of votes;' and in case of an equality of votes the secretary-treasurer shall have the casting vote; 936 TOWNS Cap. 2 1911-13 6. Nothing in this section contained shall prevent or affect any remedy which any person may have under the provisions contained in The Controverted Municipal Elections Act by proceedings in the nature of quo warranto or otherwise. 152. All costs, charges and expenses of and incidental to an Costs appUcation for a recotmt and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportion as the judge may determine regard being had to any costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, imfounded allegations or unfoimded objections on the part either of the applicant or the respondent. (2) The costs shall be on the District Court scale and may if the judge so orders be taxed in the same manner and according to the same principles as costs are taxed between soHcitor and client. (3) The payment of any costs ordered by the judge to be paid may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which the costs were taxed and an affidavit of the nonpayment thereof. 153. No person shall— Penalties (a) Without due authority supply any ballot paper to any person; or (&) Fraudulently put into a ballot box any paper other than the ballot paper which he is authorized by law to put in; or (c) Fraudulently take out of the poUing place any ballot paper; or (d) Without due authority destroy, take, open or other- wise interfere with any ballot box or packet of ballot papers then in use for the purpose of the election; or (e) Apply for a baUot paper in the name of some other person whether such name is that of a person living or dead or of a fictitious person or advise or abet, counsel or procure any other person so to do ; but this provision shall not be construed as including a person who applies for a ballot paper believing that he is the person intended by the name entered on the voters' list in respect of which he so applies; or (/) Having voted once and not being entitled to vote again at an election apply at the same election for a ballot paper in his own name or advise or abet, cotmsel or procure any other person so to do. (2) No person shall attempt to commit any offence specified in this section; (3) A person guilty of any violation of this section shall be liable on summary conviction before two justices of the peace if he is the returning officer to imprisonment for any term not exceeding two years with or without hard laboiu; and if he is any other person to imprisonment for a term not exceeding six months with or without hard labour, or to a fine of not less than 150 nor more than $500 or to both fine and imprisonment. 154. Every returning officer, deputy returning officer or poll Penalties clerk who is guilty of any wilful misfeasance or any wilful act 937 1911-18 Cap. 2 TOWNS or omission ia contraventioa of sections 108 to 161 inclusive hereof shall in addition to any other penalty or liability to whidti he may be subject forfeit to any person agpieved by such misfeasance, act or omission a penal sum of $200. Penalties 155. Every ofl&cer, clerk and agent in attendance at a polling place shall maintain and aid in maintaining the secrecy of the voting at the polling place. (2) No ofl&cer, clerk or agent and no other person shall interfere with or attempt to interfere with a voter when marking his ballot paper or shall otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (3) No ofl&cer, clerk, agent or other person shall commimicate at any time to any person any information obtained at a polhng place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (4) Every oflBcer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate or attempt to com- municate any information obtained at such counting as to the candidate or candidates for whom any vote is given. (5) No person shall directly or indirectly induce a voter to display his ballot paper after he has marked the same so as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper. (6) Every person who acts in contravention of any of the provisions of this section shall be liable on summary conviction before a police magistrate or two justices of the peace to imprison- ment for any term not exceeding six months with or without hard labour, or to a fine of not less than $50 nor more than $500 or to both fine and imprisonment. Secrecy of vote 156. No person who has voted at an election shall be required to state for whom he has voted in any legal proceedings to question the election or returns or otherwise relating thereto. Candidate may act as agent 157. A candidate may himself undertake the duties which any agent of his might have undertaken or he may assist his agent in the performance of such duties and may be present at any place at which his agent is by this Act authorized to attend; but no candidate shall be present at the marking of a ballot for a voter under section 124 hereof. Candidates and agents 158. When in the sections of this Act relating to elections of mayor or councillors expressions are used requiring or author- izing any act or thing to be done or implying that any act or thing is to be done in the presence of the agents of a candidate or candidates such expressions shall be deemed to refer to the presence of such agents as are authorized to attend and as have in fact attended at the time and place where such act or thing is being done; and if the act or thing is otherwise duly done the nonattendance of any agent at such time and place shall not invalidate it. 938 TOWNS Cap. 2 1911-13 159. No election shall be declared invalid by reason of^^°^°* QOQCompliance with the provisions of this Act as to the holding result of the polls or the eountHig of the votes or by reason of any mistake in the use of any of the forms contained in this Act or by reason of any other irregularity if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act and that such noncompliance, mistake or irregularity did not affect the result of the election. 160. All reasonable expenses incurred at any election imder Expenses this Act shall be paid by the treasurer out of the funds of the town upon the production to him of proper accounts verified in such manner as the council may direct. 161. The secretary-treasurer shall prior to every election Returning or the voting upon any by-law furnish the returning officer with fmSi*^ irfth at least two copies of sections 4 and 5 of The Controverted ^^^^^^ Municipal Elections Act and it shall be the duty of the of^cer Municipal presiding at every polling place to post the same in conspicuous ^''^'"' ^" places at his polling place and see that they are so kept posted during polling hours. , PART IV. Powers and Duties of the Council. 163. The jurisdiction of the council shall be confined to the Local extent limits of the town except where authority beyond the same is expressly given by this or any other Act. 163. The council of every town may pass by-laws not inconsistent with any Statute of Canada or Act of the province or with any rules or regulations having the force of law made pursuant to any such Statute or Act for — j^^j^. 1. Raising of its revenue by assessment on lands; revenue 2. Authorizing the mayor and treasurer from time to time Temporary to borrow from any person, bank or corporation, such sums^™"* as^he council deem necessary to meet the then current expenditure of the town and the estimated expenditure of any school district transmitted to the treasurer of the town imder the provisions of section 268 hereof until such time as the taxes levied therefor can be collected and the council shall by such by-law provide for such loan being secm-ed by promissory note or notes of the mayor or treasurer given under the seal of the municipality and on behalf of the council, and the amounts so borrowed shall be repaid out of and shall be a first charge on the taxes collected for the year in which such amount was borrowed, and that in any year the amoimt so borrowed and outstanding shall not exceed seventy-five per cent, of the taxes levied by the town for the year in which such amount was borrowed; 1914, c. 7, s. 2; 1915, c. 15, s. 1. ^^ 3. Exemption from taxation for the then current year; frS™teSSon 4. Compromising upon such terms as may be agreed upon Compromising for the payment of arrears of taxes; **^^ 5. CompeUing the payment of taxes for the current year or arrears of taxes or both before voting at any municipal election or on any by-law of the municipahty; 939 1911-13 Cap. 2 TOWNS Agricultural Societies Poor relief Police Public health Scavengers Planting trees Census Appointing omcials Expropriating land Public - works Closing streets, etc. 6. The prevention of cruelty to animals; 7. Granting aid to agricultural societies or to boards of trade or incorporated mechanics' and literary institutes; 8. The relief of the poor; 9. Appointing policemen or a Ucense inspector or inspectors arid regulating and defining their duties and their remuneration; 10. Providing for the health of the town and against the spreading of contagious or infectious diseases and appointing and defining the duties of a health oflScer and a local board of health, and engaging such nurses as may be deemed at any time necessary to provide for the care of the indigent sick; 11. The making of provisions for the proper scavenging of the town and licensing and regulating scavengers and fixing a schedule of rates to be charged by scavengers; 12. Providing for planting and protecting trees on highways and other public places; 13. Taking the census of the town; 14. Appointing such officials imder such names as the council may deem necessary for the carrying out of the work of the town^ defining their duties and providing for their remuneration; 15. Acquiring so much real property as may be required for highways, roads, streets, bridges, alleys and byways in the town and for parks and acquiring any real property for the purpose of preventing the operation of any and all such coal niines and coal pits withiji, upon or under any portion of the limits of the town as in the opinion of the council injuriously affect or endanger property within the limits of the town making due compensation therefor to the parties entitled thereto; 16. Laying out, constructing, repairing and maintaining highways, roads, streets, bridges, alleys, byways and culverts; 17. Closing, selling or leasing any public street, lane, road or highway the fee of which is not vested in the Crown; notice of the intention of the council to pass such by-law shall at least two weeks prior to the date fixed for the passing thereof be served upon the occupiers of and the persons registered and assessed as the owners of, or otherwise interested in the lands abutting upon the portion of the street, lane, road or highway so proposed to be closed either by delivering such notice to said owners or occupiers or other persons interested, personally or by mailing same by registered mail to their address as shown by the last revised assessment roll of the town or by the records of the land titles office for the registration district within which such land is situated; such notice shall .also be published once each week for at least two consecutive weeks in some newspaper published in the town or if there be no newspaper pubhshed in the town in some newspaper circulating therein; the last of such pubUca- tions shall be at least two weeks before the date fixed for the passing of the by-law; (a) Before the passing of such by-law any person claiming that any land in which he is interested in as owner, occupier or otherwise, will be prejudically affected thereby and petitioning to be heard shall be afforded an opportunity to be heard either by himself or his agent; and any person occupying, owning or otherwise interested in land sustaining damages thereby shall be compensated for such damages in accordance with sections 228 to 241 hereof; 940 TOWNS Cap. 2 1911-13 (b) No by-law for the closing of any public street, lane, road or highway leading to any river or situated on the bank of any river, stream, lake or other water shall take effect until approved by the Mioister; 18. The erection of halls, lockups, weigh houses, markets andPubUo such buildings as may be beneficial to the municipality and '^ the expropriation of lands therefor; 19. The estabUshment and regulation of public markets Pubiio and imposition of penalties for light weights, short measurement'""'"*^ and any breach of contract in public markets and restraining Seiiing on or preventing selling on the streets; streets 20. Establishing town scales for weighing or measuring and PubUo scales compelling the weighing or measuring thereon or thereby of anything sold by weight or measurement and establishing or regulating the fees to be paid for weighing and measuring on such scales and compelling dealers in coal to weigh upon such scales all coal sold by them if requested to do so by the purchaser and prohibiting the owners of private scales from charging fees for the use of the same when such town scales are in operation; 21. Acquiring, erecting, establishing and operating parks, Parks, rmks, skating rinks and curling rinks and acquiring land within or^*"' without the. town for the purposes of the same; 22. Installing, maintaining and operating any ferry where- Femes soever situated licensed under the provisions of The Public Works Act; 23. Regulating and controlling the use of wells and other PubUc weiis sources of supply of water for the town and making provision for a supply of water for the town and regulating the use and rates to be paid for same and preventing the putting of anything prejudicial to health in any stream or any body of water for use within the town; 24. Regulating the size and structure and nxunber andBeguiating construction of doors in churches, theatres and halls or other gj^jj? places of public meeting or places of amusement and the street gates leading thereto and also the size and structure of stairs and stair raiBngs in all such buildings and the strength of beams and joists and other supports, the method of lighting the same and the provisions of stand pipes and other fire appliances in all such buildings; 25. Preventing the obstruction of the halls, aisles, passage Preventing ways, alleys or approaches in any church, theatre, hall or other "nS^X place of public meeting during the occupation of the same for a pubhc assemblage; 26. Providing for and regulating the construction and Regulating maiiitenance upon all buildings more than two storeys in height ^^ ^''^p™ of a suflScient nmnber of proper ladders, fire balconies and .fire escapes; 27. Regulating the size and strength of walls, beams, joists, Heating ratters, roofs and other supports in all buildings within the town;'^^^' ®*°- 28. Subject to the provisions of The Public Health Act, constract^construoting ing and controlling such sewers, drains and ditches either within or°^^^"' **"• without the bounds of the town as may be expedient to secure the proper drainage of the town and the' [disposal of the sewage thereof; 29. Building and repairing sidewalks, preventing the leading. Building riding and driving of cattle or horses on sidewalks ; ^e?™""' 941 other works 1911-13 Cap. 2 TOWNS Bicycles 30. Controlling or preventing the ridiag of bicycles or tricycles on any sidewalk; Clearing 31. Compelling persons to remove. and clear away all snow, bTrfflidents ^^^' ^^^ ^^'^ Other obstructions from the sidewalks adjoining the premises owned or occupied by them; By.non- 32. Providing for the clearing of sidewalks adjoining property residents ^^ nonresidcnts and all other persons who for twenty-four hours neglect to clean the same and in case of nonpayment of the expenses thereof by the owner or occupant charging the same against the property as a special tax to be recovered in like manner as and with other taxes; Quarries, etc. 33. Purchasing, contracting and working any quarry, gravel or sand pit wherever situated for the purpose of the town; Size of bread ^4. Fixing the quahty and weight of bread offered for sale or sold within the town and prescribing the marks which it should bear and making and enforcing regulations for the sanitary conditions of bread, bakehouses and bakeries; Regulating 35. Regulating the sale of any articles used for food or drink food products i • j • j» . i • i ■ j* xi j *• • and providing for the mspection of the same and for seizure and forfeiture of such articles offered or exposed for sale; Authorizing 36. Granting any special franchise subject to such regulations g^^^'°etc? as the council may make 'and subject to the ratification of the by-law by two-thirds of the burgesses voting thereon as herein- after provided but no such special franchise shall save as herein otherwise provided be granted for a longer period than ten years; 1913 (1st Session), c. 8, s. 9. Electric and 37. Building, erecting, buying or leasing, controlling and operating any electric light, heat, power, natural gas or gas plant and, subjedt to the provisions of The Pvblic Health Act, any waterworks plant or purchasing stock in any incorporated company carrying on or formed for the purpose of carrying on any of the said businesses subject to the ratification of the by-law by two-thirds of the burgesses voting thereon — (a) For all purposes connected with the carrying on of any of the above works the town is hereby authorized to acquire any lands either within or without the town and to enter into any contract necessary for the proper carrying on of said businesses, including in the case of natural gas plants all contracts in regard to drilling for such natural gas, and generally to conduct said works and businesses, inclu(£ng in the case of natural gas plants necessary drilling, arising in connection therewith either by the council or by superintendents or agents appointed for the purpose as fully and freely and with all the powers and rights they would have if specially incorporated for the purpose of carrying on said business; (Jb) In case the town engage in any of the businesses here- tofore referred to the coimcil shall have power to appoint by by-law superintendents for the purpose of carrying on such businesses or any of them and to fix the remxmera- tion of such superintendents and all necessary contracts in connection with such busiaesses may be done and performed in the name of the said superintendents who shall be called "electric light superintendents," or as the case may be, and by that name shall have all the powers for properly carrying on the businesses which are herein granted to the town: 942 TOWNS Cap. 2 1911-12 *i3ste;< Provided that the mayor or any councillor may be t,' appointed a superintendent and shall not by accepting such position forfeit his seat in the council or be deemed to be disqualified therefor under the provisions of section 15 hereof; 1913 (2nd Session), c. 22, s. 3. 38. Authorizing the mayor and secretary-treasurer to sign contracts any contract with any person to supply light, power, gas, natural mwiter gas or water for the use of the corporation for any period not exceeding ten years subject to the ratification of the by-law by two-thirds of the burgesses voting thereon; 39. Purchasing or otherwise acquiring and holding any lands Purchase of situated within or without the' limits of the town which may^J^d* be required for a nuisance groimd for the purpose of disposing of the sewage and other refuse of the town; 40. Compelhng the removal of dirt, filth, dust or rubbish J^^'JI^,*'"' off the roads, lanes or any other places within the town by the party depositing the same and the placing of the same where ordered by the council either within or without the town; 41. Regulating and controlling the use of nuisance groimds mSsanoe" owned or controlled by the town; grounds 42. Preventing or controlling the construction of privy vaults Controiung and providing for the keeping of the same in a proper state of ^"'"^' ^*°- cleanliness; 43. Preventing nuisances and compelling the abatement ^''*^*^ thereof generally; 44. Preventing or controlling the erection and use of slaughter slaughter houses within the boimdaries of the town; °"*^ 45. Inspecting and regulating slaughter houses, dairies and Outside the all other places outside the area of the town from or through °"° which food is brought for sale within the boundaries of the town and framing and enforcing building and sanitary regulations for the said slaughter houses, dairies and other places; 1914, c. 7, s. 2. 46. Preventing or controlling the storage of gunjKJwder and storage of other combustible, explosive or dangerous materials within ^^"^"^ the boundaries of the town; 47. Directing the removal of doorsteps, porches, railings or Removal of other erections or obstructions projecting into or over any side-" =*'""'*'°'" walk, street or other pubhc place at the expense of the proprietor of the property connected with which such projections are foimd and assessing said expense if not paid against said lot or property; 48. Appointing street and building inspectors and providing BuUding their duties and for providing for the summary removal of any"^''°°*°" pole or wire or other obstruction from the street or for the pulling down or removal or closii^ to the use of the pubhc of any building or other erection within the town which shall be deemed dangerous by such inspectors; 49. Naming or numbering the streets or avenues and changing Naming the name and numbers or any of them of streets and avenues "*^***°'^*"'" now existing or hereafter laid out within the town; 50. Regulating the rate or pace of riding or driving any^^^^ting vehicle other thaii a motor vehicle within the town; whioira 51. Preventing the enciunbrance of the streets and other Preventing public places by vehicles or otherwise; '^"^^"^ 52. Preventing or controlling the erection and use of bill- contromng boards for advertising purposes whether the notices be printed •''"'•""'^ or otherwise displayed; 943 1911-12 Cap. 2 TOWNS BillposterB Licensing hawkers Licensing horse dealers Dog tax Licensing billiard tables Licensing shows, etc. Licensing places of amusement Licensing businesses, etc. 53. Regulating and licensing billposters and preventing the pulling down and defacing of signboards and billboards or printed or other notices lawfully affixed and for preventing the defacing of private or other property by printed or other notices; 54. Licensing, regulating and governing hawkers or pedlars and transient traders, but a municipal license shall not be granted to any hawker or pedlar unless the apphcant is the holder of a provincial license for auctioneers, hawkers or pedlars; 1913 (2nd Session), c. 22, s. 4; 1914, c. 7, s. 2. 55. Licensing and regulating all persons carrjong on business as sellers of horses or mules within the town or bringing horses or mules within the town for the purpose of selling xjr offering the same for sale; 56. Restraining and regulating the running at large of dogs and imposing a tax on the owners, possessors or harbourers of dogs and killing dogs running at large; 57. Licensing, regulating and governing all persons who for gain or hire directly or indirectly, keep or have in their possession, on their premises or under their control, any pool, billiard or bagatelle tables, in a place of public entertainment whether such pool, billiard or bagatelle table be used or not, but if any such person is required to take out a provincial license therefor, a license shall not be issued hereimder imless such person is the holder of such provincial license; and for regulating and governing all persons who use or frequent premises where any pool, bilUard or bagatelle table is so kept; 1914, c. 7, s. 2. (2) Licensing, regulating and governing public bowUng alleys, but if a provincial license is required in respect thereof, a license hereunder shall not be issued, unless such provincial license has been taken out; and regulating and governing all persons who use or frequent same; 1914, c. 7, s. 2. 58. Preventing or regulating and licensing exhibitors of wax works, menageries, circuses, shows, theatres, caravans and for requiring the payment of hcense fees for authorizing the same no| exceeding $500 per day and for imposing fines on persons for infringing such by-laws to the amoimt of $50 over and above the amount of the Ucense fee; provided such fine and costs and fee may be levied by sale of the goods of the showman or the goods belonging to or used in connection with the show or exhibition whether owned by the showman or not and in addition the offender may be imprisoned for six months. A license shall not be issued to any person herexmder unless such person is the holder of a provincial license therefor, if any such license required; 1914, c. 7, s. 2. 59. Preventing or regulating and licensing exhibitions held or kept for hire or profit, halls, opera houses and other places of amusement; 59a. Licensing, regulating and governing cinematograph and moving picture entertainments, but if a provincial license is required in respect thereof, a license hereunder shall not be issued unless such provincial license has been taken out; 1914, c. 7, s. 2. 60. Controlling, regulating and licensing livery, feed and sales stables, laimdries, money lenders, automobile liveries, real estate dealers and agents, intelligence offices or employment offices or agents, butcher shops or stalls, skating, roller or curling rinks and all other businesses, industries or callings carried on or to be carried on within the municipality or commercial travellers 944 TOWNS Cap. 2 1911-13 or other persons selling goods, wares, merchandise or other effects of any kind whatsoever or offering the same for sale by sample cards, specimens or otherwise for or on account of any merchant, mJamifacturer or other person selling directly to the consmner not having his principal place of business in the town and collecting license for the same; 1913 (1st Session), c. 8, s. 9; 1913 (2nd Session), c. 22, s. 5. 61. Licensing porters, water dealers, milk dealers or carriers licensing or common carriers, draymen, hackmen, omnibus drivers andP""^^™-**"- all persons performing work with horses or mules within the town for hire and regulating the same and fixing a schedule of fees to be charged by the same; 62. Establishing a fire department, appointing the ofiicersKre thereof, regulating and providing their remuneration and pre- ^p*'*™""' scribing their duties; ^ 63. Providing protection from fire by the pmchase of engines Fbe . and equipment and a,uthorizing the building of firewalls and''"'™""" granting bonuses for the same; 64. CompelUng the inhabitants to assist and aid in theCompeiung extinguishing of fires, pulUng doAvn and razing building andSTuTSIout removing property in the vinicity of fires for the purpose of]^?j^*'^ preventing the spreading of the same; and providing com- pensation for loss or damage sustained by reason of said pulling down, razing or removal: Provided that in all cases where a building is razed by the order of anyone acting imder the authority of the council the council shall in aU cases compensate the owner to the amoimt of three-quarters of the value of the property destroyed; 65. Regulating the erection and repair of buildings and their Regulating distance from streets and lanes and preventing the erection wooden °' of wooden buildings or additions thereto and wooden fences''"'^^'''*^'®'''- in specified parts of the town and prohibiting the erection or placing of buildings other than with main walls of brick, iron, concrete or stone and roofing of incombustible material within defined areas of the town and regulating the construction and dimensions of chimneys and enforcing the proper cleaning cwmneys of the same and a,uthorizing the pulling down or removal at the expense of the owner thereof of any building or erection which may be constructed or placed in contravention of any by-law prohibiting the maintenance or erection of any building used jj^^^^^^j „j or to be used as a Uvery, feed or sale stable, blacksmith shop, "^authorized laundry, implement warehouse, creamery, or lumber, coal or^'"''^^ wood shed in such parts of the town as the council may designate; 66. Generally establishing such measures as the safety and Prevention welfare of the town may require for the prevention and extinguish- °' ^^ ment of fitres; notwithstanding any other provisions of this Act; Destruction 67. Compelling the destruction of noxious weeds and plants w^df°"" by the owner or occupant of the premises upon which the same may be grown or standing or in default destrojdng or removing the same and charging the expenses so incurred as taxes against such premises for the current year; 68. Prohibiting the discharge of firearms or explosives in the town; 69. Taking over, purchasing, erecting, maintaining and Hospitals regulating hospitals or granting aid for the erection and maintenance of the same either by direct payment or by guaran- teeing the repayment of the principal and interest of any loan 945 1911-12 Cap. 2 TOWNS Licensing pavrnshops Regulating railways Regulating railway trains Procedure Parks, exhibition grounds, etc. obtained by the hospital authorities provided that the amount of any such guarantee together with the debraiture indebtedness of the town shall not exceed the amount fixed by section 178 hereof subject to the ratification of the by-law by two-thirds of the burgesses voting thereon; 70. Licensing and regulating pawnshops, junk stores or shops, lavmdries and second hand stores or shops and fixing the amount to be paid for license for the same and the time such license shall be in force; 71. Sanctioning and permitting the track of any railroad, street railway or tramway to be laid on, along or across any street, lane or avenue of the town subject to the ratification of the by-law by two-thirds of the burgesses voting thereon as herein- after provided and to provide compensation for any damage that may, be done on the property or on said streets, lanes or avenues, the amount of said damage if any to be settled in the manner provided therein in regard to the expropriation of land and to regulate the use of locomotive engines and of steam or other motive power on any or every portion of any railroad within the town and to provide and regulate the speed of cars upon any and every part of any railroad within the town and to impose a penalty of not less than $50 nor more than $500 for any breach of such by-law; 72. Regulating the rate of speed of railway trains and engines along or across any of the streets, lanes or avenues of the town and preventing the obstruction of any streets, lanes or avenues by leaving, keeping or allowing to stand thereon any engine, train, car or cars or truck for a longer period tht n five minutes at a time and preventing the loading or unloading of any car or truck alongside or from any street crossing or sidewalk in the town and blowing of whistle or ringing of bells while the engine is going along or across any street, lane or avenue except under conditions mentioned in such by-law and imposing a penalty for breach of such by-law of not more than $500; (a) In any proceedings taken for infraction of by-laws passed under the two preceding clauses service of necessary docmnents upon any resident employee of the railroad shall be good service upon the owners of the railroad and any of the persons in charge of the engine, car, truck or train as well as the railroad company shall be liable for the penalty provided in the by-law and proceedings may be taken against either or any of them; 73. Acquiring any estate in landed property within or without the town for a public park, garden or walk or for exhibition grounds or a site for industrial or manufacturing purposes, and for the disposal thereof when no longer required for the purpose or when the council of the town may deem it advisable to dispose of the same; provided, however, that such land or any portion thereof shall not be disposed of for a consideration less than the assessed value of adjacent land similarly situated and that payment therefor shall be made in full in not less than three years from the date of sale, and for accepting and taking charge of landed property within the town dedicated for a public park, garden or walk for the use of ohe inhabitants of the town; 1913 (2nd Session), c. 22, s. 6. 946 TOWNS Cap. 2 1911-13 74. The erection of builduigs and fences for the purpose of^^^°^°^tj such garden, walk or place for exhibitions as the council deems necessary; 75. The management of such park, garden, walk or place Management i. T_-t-"x' J T_ 'ij' J. / t. of parks, etc. for exhibitions and buildings; 76. Appointing a publicity or industrial agent, and providing Appomtment for his remuneration, or assisting the board of trade of the town agmt. ete*^ by a grant of money thereto; 77. Subject to the provisions of The Early Closing Act the closing of enforcement of closing at any specified hour of all retail shops ° °^ as the same are defined by the said Act; 78. Purchasing, maintaining and controlling a cemetery outside Regulating the town and preventing the burial of the dead within the town .-dead ° * * Provided that the provisions of The Cemetery Ordinance shall mutatis mutandis apply to any such cemetery; 79. Restraining and regulating the running at large or^^^^^ trespassing of any animals and for providing for distraining large ot and impounding them and for determining the compensation*"™*^ to be allowed for carrying out the provisions of such by-law and for services rendered in respect to and sustenance supplied for animals distrained or impoimded; for appointu^ pound- keepers and providing sufficient yards, buildings and enclosures for the safe keeping of such animals as it may be the duty of the poimdkeeper to impoimd; for appraising the damages to be paid by the owners of animals impounded for trespassing and (subject to the provisions hereinafter referred to) for providing for the sale of animals impoimded in case they are not claimed within a reasonable time or in case the damages, costs and expenses are not paid: Provided that in addition to any provision that may be contained in any by-law passed by the council of any town imder this clause the provisions of sections 26, 27, 28, 29 and 30 and sections 33 to 36 inclusive of The Pound District Ordinance or any provisions that may be substituted therefor or enacted in amendment thereof shall apply to and be observed in the case of any proceedings under such by-law: 1913 (1st Session), c. 8, s. 9. Provided, however, that the sale of any impounded animal as provided for in section 28 of The Pound District Ordinance may be held at such place in the town as may be designated by by-law; 80. Disposing of or devoting to some other town purpose Disposing of in whole or in part any property acquired by the town for a *"'"' p™P"'y specific purpose by gift or otherwise when such property is in the opinion of the council no longer required or not required for the time being for the purpose for which it was originally acquired or to which it has been subsequently devoted; 81. Regulating the time after which children shall not be in Preventing a public place at night without proper guardianship and the children A J. CI i"i •! 1 ■••* being on -tnG age or apparent age of boys and girls respectively under which streets at they shall be required to be in their homes at the hours appointed; "*''"*" 82. Preventing the posting or exhibiting of placards, play indecent bills, posters, writings or pictures, which are indecent or inayP'»"="^-«*'=- tend to corrupt or demorsJize the public or individuals, or the writing of words which are indecent or may tend to corrupt or demoralize the public or individuals, or the making of pictures or drawings, which are indecent or may tend to corrupt or 947 1»11-13 Cap. 2 TOWNS Vice, dnmkeimesf etc. Gaming Horse racing Vagrants Indecent exposure Bathing Preserve order, etc. demoralize the public or individuals on walls or fences or else- where in streets or public places; 83. Preventing vice, drunkenness, profane swearing, obscene, blasphemous or grossly iosultiag language and other immorality and indecency; 84. Suppressing disorderly houses and houses of ill-fame; 85. Suppressing gambling houses, and for seizing and destroying faro-banks, rouge et noir, roulette tables, and other devices for gamblmg foimd therein; 86. Regulating horse raciag; 87. Restraining and punishing vagrants, mendicants and persons found drunk or disorderly in any street, highway or public place; 88. Preventing indecent public exposure of the person and other indecent exhibitions; 89. Preventing or regulating the bathing or washing the person in any public water in or near the town; 90. Generally to make and establish all such by-laws for the government and good order of the municipality and the suppression of vice and immorahty, protection of property and the promotion of health not inconsistent with the law. ran™S *° lG4t:. No council of any town shall have power — prohibited J, To grant a bonus or any other aid to any person, company or corporation for the construction, establishment or operation of any manufactory, mill or railway or any other business or concern whatsoever either within or without the municipality; 2. To exempt from taxation any such manufactory, mill or railway or other business or concern, nor subscribe for stock in or guarantee the bonds, debentures or other securities thereof: 1913 (1st Session), c. 8, s. 10. Provided also that if the council of any town attempt to pass a by-law contrary to the above provisions in regard to bonusing, each member of the council voting in favour of such by-law shall be liable on summary conviction to a penalty not exceeding one hundred dollars exclusive of costs, and such members of council shall be disquahfied from holding any municipal office for a period of two years. 1913 (2nd Session), c. 22, s. 7. Care of the sick 165. It shaU be the duty of the council to make due provision for the care aind treatment of any person who has been a resident of the town for at least three months who falls ill and who for financial reasons or oth^erwise is incapable of procuring the necessary medical attendance and treatment. Demand by hospital board Recovery of payment from patient 166. Should the council deem it advisable to place any such person in any hospital which receives aid from the general revenue of the province the board of such hospital may demand and collect from the council the sum of seventy-five cents per day for each day's actual care of the patient in such hospital. 167. Any svun thus paid by the town to the hospital may be recovered from the said patient by action or by distraint by the treasurer of the town or if deemed advisable it may be added to and form part of the taxes levied by the town against any land owned by the said patient and shall be collectable in the same manner and to the same extent as all other taxes; and 948 TOWNS Cap. 2 1911-12 in the event of the death of the said patient the council may recover the said sum from his estate, if any. 168. Notwithstanding anything contained in the- next two^^^^^^™* preceding sections any council may if it thinks fit enter into councu and an agreement with the board of any hospital whereby such board ^°"^^ will undertake to care for and treat all such patients for such annual simi and subject to such conditions and restrictions as may be agreed upon. 169. The council shall have power subject to the consent of Power to the Lieutenant Governor in Council and within the limitations ^^"^'event and restrictions and imder the conditions set forth in any order °* ^°"'''K<''"=y in coimcil in that behalf to borrow from any bank or person such siuns of money as may be necessary for the purpose of purchasing coal, wood, or other fuel and temporarily to operate fuel yards by purchasing supplies of such fuel and selling. and disposing of the same in anticipation of or during a period of such scarcity or failure of supply of fuel or such threatened scarcity or failure of supply thereof as may appear to create an emergency. 170. In all cases in which in this Act it is provided that the Licenses council may license any business, building, calling, trade or occupation or the keeper of any articles or animals for use or hire the council shall also have full power and authority by- by-law to provide regulations in connection therewith and governing the conduct of same and providing the manner of collecting of such licenses and proAdding penalties for not having such license and for breach of conditions on which such licenses are issued and also for fixing fees to be charged for such licenses and regulating the prices or fees to be charged by the holders of such licenses and providing for the collection or payment of the same and generally for the protection of those persons holding licenses. 171. The imposing or collecting of license fees shall not in Liability for any case be deemed to prevent the assessing of land owned orf'e°J^andtoles occupied by license holders in the same manner as other land or the collection of taxes thereon. 172. When the council has authority to direct that any matter council may do or thing shall be done by any person the coimcil may also direct o"itt=d ^o''' that in default of its being done by such person it shall be done at the expense of the person in default and the town may recover the expense thereof with costs by action or in like manner as municipal taxes. 173. Every by-law imder this Act shall be under the seal By-iaw to be of the town and shall be signed by the mayor and coimtersigned have tiSSe by the secretary-treasurer and every by-law shall have three ^^^^ distinct and separate readings before it is finally passed; but before^ not more than two readings shall be had at any one meeting ^*^°^'' of the council except by the unanimous vote of the members present thereat. 174. A copy of any by-law written or printed and under Evidence of the seal of the town and certified to be a true copy by the mayor '*'p**™'k or secretary-treasurer shall be received as prima fade evidence 949 1911-13 Cap. 2 TOWNS Petition for submission of by-laws Validation of by-laws of its due passing and of the contents thereof without further proof in any court unless it is specially pleaded or alleged that the seal or the signature of the mayor or secretary-treasurer has been forged. 175. When one-half of the resident ratepayers whose names appear on the last revised assessment roll petition the coimcil for the submission of a by-law on any question concerning a matter within the legislative jurisdiction of the coimcil the same shall be granted and a by-law introduced by the coimcil within four weeks after the presenting of the said petition which by-law shall be advertised in some newspaper published in the town or in case there is no newspaper pubhshed in the town in any newspaper circulated therein in at least one number of such paper each week for two successive weeks and if the majority of the votes polled is in favour of the said by-law the by-law shall be finally passed by the council within four weeks of the voting thereon. 1913 (2nd Session), c. 22, s. 8. (2) The proceedings upon a vote under the provisions of this section shall be the same mviaiis midandis as those provided herein for votiag on money by-laws. 176. In case no application to quash a by-law is made within two months next after the final passing thereof the by-law shall be valid and binding notwithstanding any want of substance or form therein or in the proceedings prior thereto or in the time or manner of the passing thereof. (2) Provided, however, that in the case of a by-law requiring the assent of the electors where the by-law has not been submitted to or has not received the assent of the electors an appUcation to quash the by-law may be made at any time. MONEY BY-LAWS. 177. A debt contracted pursuant to a by-law and not payable within the current year shall be made payable within a period not in any case to exceed forty years from the date of the issue of the debentures issued theretmder. Contracting debts Assent of two-thirds of burgesses Annual rates 178. Every town may subject to the following provisions pass by-laws for contracting debts by borrowing money or other- wise and for levying rates for the payment of such debts on the rateable property of the town for any purpose within the juris- diction of the town or for roads, bridges, waterworks or drainage works outside the limits of the town: Provided that no town shall have power to pass such by-laws for contracting debts to a greater extent than twenty per cent, of the rateable property in the town. 179. By-laws for contracting debts or borrowing money which do not provide for the payment of the debts contracted or money borrowed within the financial year shall before the final passing thereof receive the assent of two-thirds of the burgesses voting thereon in the manner provided hereinafter. 180. By-laws for contracting debts shall provide for the issuing of debentures and the levying of annual rates for the payments of such debts. 950 TOWNS Cap. 2 1911-13 181. The by-law creating a debt shall state by recital or otherwise — (a) The amount of the debt intended to be created and in some brief and general terms the object for which it is to be created; (6) The period over which the indebtedness is to be spread and the amount of the instalment to be paid in each of such years or the period at the end of which the same is to be paid; (c) The "rate of interest and whether the same is to be paid annually or semi-annually; (d) The amount of rateable property in the town according to the last revised assessment roll; (e) The amount of the existing debenture debt of the town and how much if any of the principal or interest thereof is in arrears. 182. The by-law shall name a day when it is to take effect Time of taUng , which day shall not be more than three months after the day®*'^"* on which the voting is to take place; and if no day is named in the by-law it shall take effect on the day of the feial passing thereof. 183. The by-law may provide that the indebtedness shall °p*^°^'g™<"^» be payable in any manner approved by the Minister; provided, however, that if the indebtedness is to be made payable in such a manner that the principal shall be repayable at the end of the period of years during which the debentures are to run, together with interest on such debentures to be paid annually or semi- annually as the council may by by-law provide there shall be raised annually by way of sinking fund a sum sufficient with interest thereon compounded yearly at four per cent, per annum to retire the debentures at maturity and any such sum shall be added each year to the amount of the other rates and taxes of the town and collected along therewith. 1915, c. 15, s. 8. 184. The debentures to be issued under such by-law shall be Form of m the form following or to the Uke effect: debentures FORM 1. Town of $ Debenture No Under the authority of The Town Act and of By-law No of the town of , passed on the day of , 19 .... , the said town promises to pay the bearer at the sum of dollars with interest at the rate of per cent, per annum in consecutive annual instalments according to the terms of the several coupons hereto attached. I Corporate seal I of the town Mayor. Secretary-Treasurer. 951 1911-13 Cap. 2 TOWNS Coupons : Coupon No '. . . . . Debenture No The town of. will pay to the bearer at on the .day of , 19 , the sum of dollars. Mayor. Secretary-Treasurer. FORM 2. Town of. Debenture No. Under the authority of The Town Act and of By-law No of the town of , passed on the day of , 19. . . ., the said town hereby promises to pay to the bearer at .the sum of dollars on the day of , 19 , {if interest is payable in the meantime add) and to pay the bearer the amount of each of the several interest coupons hereto attached as the same shall respectively become due. Corporate seal of the town. Mayor. Secretary-Treasurer. And the coupons may be in the following form: Coupons Coupons No . . Debenture No The town of 19. will pay to the bearer at on the day of the simi of dollars. Mayor. Secretary-Treasurer. (2) Provided that any debenture under this Act may be in such other form as is approved by the Minister or may be made payable in such manner that for the first five years succeeding its date interest only shall be payable thereon or may provide for the payment of principal and interest secured thereby in any other manner approved by the Minister. (3) A debenture for the full amount or for a less amount than that mentioned in the by-law or a series of debentures aggregating such full amount or less amount than is so mentioned may be issued, but whenever a series of debentures is so issued of the same denomination at the same time each of the series shall be dis- tinguished by a mark or symbol different from the mark or symbol appearing on the other debentures of the same issue, and the said 952 TOWNS Cap. 2 1911-13 marks or symbols respectively shall appear on the coupons attached to the debentures respectively bearing the like mark or symbol. 185. In case of debentures issued for local improvements Looai the words "local improvement debenture" shall also be printed d"bmti^"* on the faice of the debentures issued in respect of that part of the cost which is to be raised by special assessment. 186. Every debenttire issued as aforesaid shall be sealed with Execution of the seal of the town and signed either by the mayor or by some an/coupMia person authorized by by-law to sign the same in his stead and by the secretary-treasurer or by some person authorized by by-law to sign in his stead; and every coupon issued as aforesaid shall be signed either by the mayor or by some person authorized by by-law to sign the same in his stead and by the secretary- treasurer or by some person authorized by by-law to sign in his stead. (2) The signatures on such coupons may be engraved or hthographed. (3) The coimcil of any town pending the sale of any debentures issued under a by-law, or in lieu of selling and disposing of the same may by resolution or by-law authorize the mayor and secretary- treasurer of the town to raise money by way of loan on such debentures and to hypothecate the same for any such loan: Provided that the proceeds of every such loan shall be applied to the purposes for which such debentures were issued and shotdd such debentiires be subsequently sold and disposed of the proceeds thereof shall jBrst be applied in repayment of such loan, but the lender shall not be bound to see to the appUcation of the proceeds of any such loan. 187. Debentures authorized by any such by-law may be Times and issued either all at one time or in instalments at such times as™"'^°''^"° the council deems expedient; but no debenture shall be issued after the expiration of four years after the final passing of the by-law; and any debenture may provided it be actually issued within the said period of four years bear any date within the said period. 188. Any debenture issued under this Act shall be valid validation of and binding upon the town notwithstanding any insufficiency ■^*°''*"''' ia form or substance or otherwise of the by-law or of the authority of the town in respect thereof; provided that the by-law has received the assent of two-thirds of the burgesses voting thereon and that no successful application has been made to quash it. 189. Every by-law which has received the assent of the Knai passing required number of the burgesses who have voted thereon shall "^''^ be passed by the council within fpur weeks of the voting thereon but not thereafter. SUBMISSION OF DEBENTURE BY-LAWS TO MINISTER OF MTTNICIPAL AFFAIRS. 190. The council of any. town which has heretofore and in Application pursuance of any law authorizing such town so to do passed of dtb?ntme and the council of any town which shall hereafter in pursuance KSI^^ 953 1911-13 Cap. 2 TOWNS Certificate not to be granted while proceedings pending of the authority of this Act pass a by-law for contracting a, debt or incurring a liability or for borrowing money may apply to the Minister for a certificate approving the by-law. (2) No certificate shall be granted while any action or proceed- ing in which the validity of the by-law is called in question or by which it is sought to quash it is pending nor until two months after the final passing of the by-law unless notice of the appli- cation shall be given in such manner and to such persons, if any, as the Minister may direct. (3) The certificate may be in either of the following forms: In pursuance of The Town Act the Minister of Municipal Affairs hereby certifies that the within by-law is valid and binding and that its validity is not open to be questioned in any court on any ground whatever. Dated this day of 19. . . . Minister of Municipal Affairs. (seal) In pursuance of The Town Act the Deputy Minister of Mimicipal hereby certifies that the within by-law is valid and binding and that its validity is not open to question in any court on any ground whatever. Dated this day of 19.... (seal) Deputy Minister of Municipal 1913 (2nd Session), e. 22, s. 9. Affairs. (4) Any town which intends to apply for certificate approving a by-law shall forward a copy of such by-law to the Minister before it has been submitted to a vote. 1913 (1st Session), c. 8, s. 11. 191. The Minister may grant the certificate notwithstanding any defect or irregularity in substance or in form in the proceed- ings prior to the final passing of the by-law or in the by-law itself if in the opinion of the said Minister the provisions of the Act under the authority of which the by-law was assumed to be passed have been substantially complied with. 193. Every by-law approved by the certificate of the Minister and the debentures issued or which may thereafter be issued in conformity with its provisions shall be valid and binding upon the town and upon the property liable to the rate imposed by or under the authority of the by-law and the validity of the by-law and of every such debenture shall not thereafter be open to question in any court. 193a. Where in the case of any by-law heretofore or hereafter passed by a council, the interest for one year or more on the debentures issued under such by-law or the principal of the matured debentiu-es (if any) is or shall have been paid by the municipality, the by-law and the debentures issued thereunder remaining unpaid, shall be valid a-nd binding upon the municipality and shall not be open to question in any court. 1914, c. 7, s. 3. Counterfflgmng 193. Where a by-law has been approved under the provisions hereof the Minister may upon appHcation of the town council countersign any debenture or debentures issued or which may 954 Minieter may grant certificate upon proof of substantial compliance with law By-law and debentures not to be open to ■ question after approval TOWNS Cap. 2 1911-13 ItEereafter be issued under the authority of the by-law and such 4coimtersigning by the Minister shall, notwithstanding anything ie the contrary in this Act, be conclusive evidence of the validity of such debenture or debentures and the legality of the issue of such debenture or debentures shall be thereby conclusively established and its or their validity shall not be open to question in any coiui;; and every such debenture so countersigned shall be valid and binding upon the town and upon the property held for the rate imposed by or under authority of the by-law and the signature of the Minister may be written or stamped on the deben^ tures. The Deputy Minister of Municipal Affairs shall have the power, equally with the Minister, to grant any of the certificates or countersign any of the debentures referred to in the foregoing sections. 1913 (2nd Session), c. 22, s. 10. ASSENT OF BURGESSES TO BY-LAWS. 194. Where a by-law requires the assent of burgesses before corporation the final passing thereof any bank or other corporation assessed ^°*'°« on the last revised assessment roll as the freeholder of real property which if held by an individual would entitle him to vote shall be entitled to one vote only which may be given by the chief resident officer of such corporation. 195. In case a by-law requires the assent of two-thirds ofPubUoation the burgesses before the final passing thereof the following and^^^ proceedings shall except in cases herein otherwise provided for be taken for obtaining such assent: 1. The coimcil shall by by-law appoint a returning officer for the purpose of taking the votes of the burgesses upon the referred by-law and such retumii^ officer shall have and be subject to the like powers, authorities, duties and liabilities as returning officers in the case of an election under this Act. 2. The council shall by the by-law fix the day and hour for taking the votes of the burgesses and the place in the town where a poll shall be opened and the day so fixed for taking the votes shall not be less than three nor more than five weeks after the first publication of the proposed by-law; the coyncil may also if it deem proper by the by-law divide the town into polUng divisions, fix the boundaries thereof and the place within which where such votes shall be taken, appoint the returning officer to have charge of one of such polling places and a deputy returning officer to have charge of each of the remaining polhng places. 3. The council shall before the final passing of the proposed by-law pubUsh a copy thereof in some newspaper published in the town or in case there is no newspaper published in the town in a newspaper circulated therein; and the publication for the purpose aforesaid shall be made in at least one number of such paper each week for three successive weeks; the returning officer shall also post up a printed copy of the proposed by-law at five .or more conspicuous places in the town one of which shall be the post office. 4. To each copy so published and posted shall be appended a notice over the printed or written signature of the returning officer stating that the above is a true copy of a proposed by-law which has been introduced and which will be finally passed by the council in the event of the assent of the burgesses being 955 lftll-18 Cap. 2 TOWNS obtained thereto within four weeks of the voting thereon and that upon the day and at the place or places fixed for takii^ the vote of the burgesses the voting thereon will be held between the hours of ten o'clock in the forenoon and seven o'clock in the afternoon. Printing ballots 196. Forthwith after the day has been fixed as aforesaid for taking the votes of the btirgesses upon a by-law the returning officer shall cause to be printed at the expense of the town such a number of ballot papers as will be sufficient for the purposes of voting. Form of baUot 197. The ballot paper shall be in the following form: 0> -.rs <0- . xn FOR THE BY-LAW AGAINST THE BY-LAW By-law to 198. The council shall by the by-law fix a time when and pfa^™*""* a place where the returning officer shall sum up the number of votes givejtji for and against the by-law. Appointment of representa- tives Oatliof appointee Production of appointment 199. At, the time and place named the mayor if requested shall appoint by writing sighed by him two persons to attend at such polling place and at the final sunraiing up of the votes on behaH of the persons interested in and desirous of promoting or opposing the passing of the by-law respectively. 300. Before any person is so appointed he shall make and subscribe before the mayor or the returning officer a declaration in the following form: I, the undersigned A. B., do solemnly declare that I am a burgess of the town of and that I am interested in promoting {(yr opposing, as the case may be) the passing of the by-law {here insert object of the by-law) to be submitted to the burgesses of the said town on the day of. 19. . . . (Signature) A.B. Declared before me this day of , 19 ... . CD., Mayor. or E.F., Returning Officer. 301. Every person so appointed before being admitted to the polling place or to the summing up of the votes, as the case may be, shall produce his written appointment to the retumitig officer or deputy returning officer presiding at the poll. 956 TOWNS Cap. 2 1911-13 303. In the absence of any person authorized as aforesaid Substitute to attend at a polliag place or at the final summing up of the votes any burgess in the same interest as the person so absent may attend upon making and subscribing before the returning officer or deputy returning officer a similar declaration to that in section 200 set out. 303. During the time appointed for polliag no person shall j^°^°wed^ be entitled or permitted to be present in any polling place other than the officers, clerks and persons or burgesses authorized to attend as aforesaid at the polling place. 304. If the town has been divided into polling divisions the v°ters' lists secretary-treasurer shaU deliver to the returning officer and each deputy returning officer a voters' list containing the names arranged alphabetically of the burgesses owning land within the limits of the polling division for which he has been appointed, and a brief description of such land; and he shall attest such list by writing under his own hand. (2) If the town has not been divided into polling divisions the secretary-treasurer before the poll is opened shall deliver to the returning officer a voters' Ust containing the names arranged alphabetically of all the burgesses entitled to vote on the by-law, and a brief description of the property in respect of which each is entitled to vote, and he shall attest the said Ust by writing under his hand. (3) Such list shall be prepared by the secretary-treasurer from the last revised assessment roll of the town but the council may up to the eighth day before the day fixed for the voting on th^ by-law strike out from the said list the name of any person who has ceased to have the necessary qualification or include therein the name of any person who has since the final revision of thfe said roll acquired such qualification. 305. The voters' list shall be in the following form: I? PQ o 2 6t: ^-6 o > Description of propertj in respect of which the burgess is entitled to vote. O o C OS i« *^ GQ CQ O Ku3 REMARKS. 306. At the day and hour fixjed as aforesaid the poll shall p°"'°b be held and the votes shall be taken by ballot. 307. The poll shall be kept open from ten o'clock in the fore- pou opens noon until seven o'clock in the afternoon of the same day. 957 19H-13 Cap. 2 TOWNS Officers' oaths 308. Every returning oflScer or deputy returmng oflMer, poll clerk, constable or agent authorized to be present at any polling place at the voting on a by-law shall before exercising any of the rights or functions of his office take and subscribe before a justice of the peace or (in the case of a poll clerk, constable or agent) before the returning officer or deputy returning officer presiding at the poll an affidavit in the following form: I, A.B., do solerimly promise and declare that at the voting on the by-law submitted to the burgesses of the town of (the voting on which has been appointed for this day), I will not attempt in any way whatsoever unlawfully to ascertain the mamier in which any burgess shall vote or has voted and that I will not in any way whatsoever aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the manner in which any burgess has voted on the by-law. A.B. Declared before me this day of , 19 ... . CD., Justice of the Peace {Returning Officer or Deputy Returning Officer). Directions to voters 309. The printed directions to be delivered to the returning officer shall be in the following form: Directions fob the Guidance of Voters in Voting. The voter shall go into one of the compartments and with the pencil provided in the compartment will place a cross (thus X) on the right hand side in the upper space if he votes for the passing of the by-law and in the lower space if he votes against the passing of the by-law. The voter shall then fold up his ballot paper or ballot papers so as to show the name or initials of the returmng officer signed on the back and immediately after leaving the compartment shall without showing the front of the paper to any person deliver such ballot or ballots so folded to the retumiag officer and forth- with quit the polling place. If the voter inadvertently spoils a ballot paper he may return , it to the returning officer who will if satisfied of such inadvertence ^ve him another ballot paper. If the voter places on any ballot paper more than one mark or any mark by which he may afterwards be identified or if any ballot paper has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified it will be void and not counted. If a voter takes a ballot paper out of the polling place or deposits in the ballot box any ballot paper or papers except those given to him by the returning officer he will be subject to imprisonment for any term not exceeding six months with or without hard labour or to a fine of $200 or to both. In the following form of ballot paper (given for illustration) the voter has marked his paper in favour of the passing of the by-law: 958 TOWNS Cap. 2 1911-13 nr tO CO 02 M a, .a "8^ FOR THE BY-LAW AGAINST THE BY-LAW 310. Every burgess shall be entitled to vote only once on vote any referred by-law; if there be more than one polling place such burgess shall vote at the polling place for any polling division upon the votefs' list for which his name appears. 311. Every person tendering a vote on the by-law may be Oath of voter required by the returning officer or deputy returning officer or by any burgess entitled to vote on the by-law to make before his vote is recorded the following oath or affirmation or any part thereof or to the effect thereof: You swear that you are of the full age of 21 years; That you are a freeholder in your own right; That you have not voted before on the by-law; That you are according to law entitled to vote on this by-law; That you have not directly or indirectly received any reward or gift nor do you expect to receive any for the vote which you now tender; That you are the person named (or intended to be named) in the voters' list (showing the voters' list to the voter) ; That you have not received anything nor has anything been promised to you directly or indirectly either to induce you to vote on this by-law or for loss of time, travelUng expenses, hire of team or any other service connected therewith; And that you have not directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting. (2) No inquiry shall be made of any voter except with respect to the facts specified in the above oath or affirmation. 213. The chief resident officer of any corporation tendering oath on a vote on the by-law may be required by the returning officer conation or deputy returning officer or by any burgess to make before his vote is recorded the following oath or affirmation or any part thereof: That you are the chief resident officer of the (naming the corporation) ; That the said corporation is a freeholder in this town; That you have not cast any vote on the by-law on behalf of the corporation; That you are according to law entitled to vote on the by-law as chief resident officer of the said corporation; 959 1911-13 Cap. 2 TOWNS That the said corporation is the corporation named (or intended to be named) in the voters' list (showing the voters' list to the voter) ; That neither you nor to the best of your knowledge and belief the said corporation has directly or indirectly received any reward or gift for the vote which you now tender nor do you or to the best of your knowledge and belief the said corporation expect to receive any; That neither you nor to the best of your knowledge and belief the said corporation has received anything or been promised anything directly or indirectly either to induce you to vote on this by-law or for loss of time, travelling expenses, hire of team or any other service connected therewith; And that neither you nor. to the best of your knowledge and belief the said corporation has directly or indirectly paid, or promised anything to any person either to induce him to vote or to refrain from voting. (2) No inquiry shall be made of any voter except with respect to the facts specified in the above oath or aflirmation. Keturmng officers' statement 313. The written statement to be made by the returning officer or deputy returning officer at the close of the polling shall be made under the following heads: 1. Name of town and date of voting; 2. Number of votes for and against the by-law; 3. Rejected ballot papers. Objections Count 314. The returning officer or deputy returning officer shall take a note of any objection made by any person authorized to be present to any ballot paper foxmd in the ballot box and shall decide any question arising out of the objection; each objection to a ballot paper shall be nmnbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer or deputy returning officer (as the case may be) . 315. Every returning officer or deputy returning officer at the completion of the counting of the votes shall in the presence of the persons authorized to attend make up into separate packets sealed with his own seal and the seals of such persons authorized to attend as desire to affix their seals and marked upon the outside with a short statement of the contents of such packet and the date of the voting and the name of the returning officer or deputy returning officer (as the case may be): 1. The statement of votes given for and against the by-law and of the rejected ballot papers; 2. The used ballot papers which have not been objected to and have been counted; 3. The ballot papers which have been objected to but which have been counted by the returning officer or deputy returning officer (as the case may be) ; 4. The rejected ballot papers; 5. The declined and cancelled ballot papers; 6. The unused ballot papers; 7. The voters' Hst, the poll book and a statement of the number of burgesses, whose votes are marked by the returning officer under section 124 hereof with their declaration of inability and 960 TOWNS Gap. 2 1911-12 note taken of objections made to ballot papers found in. the ballot box and shall make and subscribe before a justice of the peace or before the poll clerk a declaration in the following form: I, CD., returning officer or deputy returning officer for the town of.., .., do Hereby solemnly declare (or if he is a person permitted hy law to affirm, do solemnly affirm) that to the best of my knowledge the annexed copies of the voters' list and poll book used at this voting held on the day of , 19 . . were used in the manner prescribed by law and that the entries required by law to be made were correctly made. CD., Returning Officer (or Deputy Returning Officer, as the case may be). Declared {or affirmed) before me at this day of , 19 . . A.B., Justice of the Peace (or Poll Clerk, as the case may be), (2) Such voters' list, poll book, packets, ballot boxes and voters' Kst declaration shall be dealt with in the same manner as prescribed returned to by section 136 hereof, and the same may be inspected at anyJJeMSw' time by any burgess in the presence of the secretary-treasurer. 316. Every returning officer or deputy returning officer shall ^^*""'°° at the close of the poll certify xmder his signatmre in the poll book in full words the total number of burgesses who have voted at the polling place at which he has been appointed to preside. 317. Every returning officer or deputy returning officer uponC^rtmcateof being requested so to do shall deliver to the persons authorized '°° tp attend at his polling place a certificate of the number of votes given at the polling place for and against the by-law and of the number of rejected ballot papers. 318. The returning officer shall at the time and place D^^iarat'oi appointed by the by-law in the presence of the persons authorized ° ™ to attend or of such of them as may be present sum up the number of votes for and against the by-law and shall then and there declare the result and shall forthwith certify to the council under his hand whether or not two-thirds of the burgesses voting upon the by-law have approved of the same. 319. Every. officer, clerk and person in attendance at a polling offences place shall maintain and aid in maintaining the secrecy of the voting at the polling place. (2) No officer, clerk or other person shall interfere with or attempt to interfere with a burgess when polling his vote or otherwise attempt, to obtain at the polling place information as to the manner in which any burgess at any polling place is about to vote or has voted on a by-law. (3) No officer, clerk or other person shall communicate at any time to any person any information obtained at a polling place as to the manner in which any burgess is about to vote or has voted on a by-law. (4) Every officer, clerk and person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy 961 1911-13 Cap. 2 TOWNS of the voting and shall not conununicate or attempt to commun- icate any information obtained at such counting as to the manner in which any burgess has voted on the by-law. ' (6) No person shall directly or indirectly induce any burgess to display his ballot paper after he has marked the same so as to make known to any person the manner in which he has marked his ballot paper. (6) Every person who acts in contravention of this section shall be liable on summary conviction to imprisonment for any term not exceeding three months with or without hard labour or to a fine of $200 or to both. Scrutiny 330. If Within two wecks after the returning officer has declared . the result of the voting on a by-law any person who was entitled to vote thereon applies upon petition to a judge after giving such notice of the application and to such persons as the judge directs and shows by affidavit to the judge reasonable grounds for entering into a scrutiny of the ballot papers; and if the petitioneT enters into recognizance before the judge in the sum of $100 with two sureties to be allowed as sufficient by the judge upon affidavit of justification in the sum of $50 each conditioned to prosecute the petition with effect and to pay the party against whom the same is brought any costs which may be adjudged to him against the petitioner the judge may if he thinks fit appoint a day and place for entering into the scrutiny. Notifce Hearing by Judge 331. At least seven clear days' notice of the day appointed for the scrutiny shall be given by the petitioner to such persons as the judge directs and to the returning officer. , 333. At the time appointed the returning officer shall attend before the judge with the ballot papers and the judge upon inspecting the ballot papers and hearing such evidence as he may deem necessary and hearing the parties or such of them as may attend or their coimsel shall in a summary manner determine the number of votes given for and against the by-law and shall forthwith certify the result to the .council. Powers of judge general 333. The judge upon such security shall possess the like power and authority as to all matters arising upon the scrutiny as he possess upon the trial of the validity of the election of a member of the council; and costs shall be in the discretion of the judge as in the case of applications to quash a by-law and he may apportion the costs as to him seems just. 334. All the provisions of sections 108 to 161 inclusive hereof so far as not inconsistent with the provisions of the preceding thirty sections hereof shall mutatis mviandis apply to proceedings under sections 194 to 223 inclusive hereof. Motion to quash QUASHING BY-LAWS, ETC. 335. Any elector of the town may apply to a judge upon motion to quash any resolution, order or by-law of the council in whole or in part for illegality; and the judge upon such motion may quash the by-law, order or resolution in whole or in part 962 TOWNS Cap. 2 1911-13 and may according to the result of the application award costs for or against the town and may determine the scale of siich costs. (2) Notice of the motion shall be served at least seven clear days before the day on which the motion is to be made. (3) The by-law, order or resolution may be proved, by the production of a copy thereof certified under the hand of the secretary-treasurer and the town seal; and the secretary- treasurer shall deliver such copy upon payment of a fee therefor at the rate of ten cents for every one hundred words. ' (4) Before any 'such motion is made the applicant or in case the applicant is a company some person on its behalf shall enter into a recognizance before the judge himself in the sum of $100 and two sureties each in the sum of $50 conditioned to prosecute the motion with effect and to pay any costs which may be awarded against the applicant. (5) The judge may allow the said recognizance upon the sureties entering into pfbper aflSdavits of justification and thereupon the same shall be filed in the court with the other papers relating to the motion. (6) In lieu of the recognizance mentioned in subsections (4) and (5) of this section the applicant may pay into the court the sum of $100 as security for any costs which may be awarded against him; and the certificate of such payment into court having been made shall be filed in the court with the other papers relating to the motion. (7) Upon the determination of the proceedings the judge may order the money so paid into court to be applied in the payment of costs or to be paid out to the applicant in the discretion of the judge according to the result of the apphcation. (8) All moneys required to be paid into or out of court under this section shall be paid in and paid out in like manner as moneys are paid into and out of court in actions pending in the said court. (9) No application to quash a by-law, order or resolution in whole or in part shall be entertained imless the application is made within two months from the passing of the by-law, order or resolution, except in the case of a by-law requiring the assent of the electors, where the by-law has not been submitted to or has not received the assent of the electors, in which case an apphcation to quash a by-law may be made at any time. 236. Any by-law which has been procured to be passed through isy-iaws or by means of any violation of the provisions of sections 4 and 5 grfb^^ o?^ of The Controverted Municipal Elections Act may be quashed oon-uption upon an apphcation made in conformity with the provisions therein contained. BXFHOPRIATION. 327. If the council desires to acquire land for any purpose council may authorized by this Act and if it cannot acquire the land at a*'"!"^^'*''"* fair price by agreement with the owners or occupiers thereof or other persons interested therein it may acquire the same by expropriation in the name and on behalf of the town. 963 1911-13 Cap. 2 TOWNS Compensation 228. The Said council shall make to the owners or occupiers or other persons -interested in any land taken by the town in the exercise of any of the powers conferred by this Act due compen- sation therefor and pay damages for any land or interest therein injuriously affected by the exercise of such powers the amount of such damages being such as necessarily result from the exercise of such powers beyond any advantage which the claimant may derive from the contemplated work; and any claim for such compensation or damages if not mutually agreed upon shall be determined by arbitration under this Act. Depofflt of 339. Before taking any land the council or commissioners taken *° shall deposit with the secretary-treasurer plans and specifications showing the land to be taken or used and the work to be done thereon and the names of the owners or occupiers thereof according to the last revised assessment roll. (2) The secretary-treasurer shall thereupon notify such owners and occupiers of the deposit of the said plans and specifications and of the date of such deposit and that all claims for compensation for the land so to be taken and the amount and particulars thereof must be filed with him within fifteen days from the date of the deposit of the said plans and specifications which date shall be that with reference to which the amount of the compensation for such lands shall be ascertained. (3) If any claimant under this section has not filed his claim within the period hereinbefore limited it may be barred and extinguished on an application to a 'judge upon such terms as to notice, costs and otherwise as the judge may direct. Claims for 330. In case any la,nd not. taken for any work or undertaking damages constructed, made or done by the coxmcil or commissioners imder the authority of this Act is injuriously affected by such work or undertaking the owner or occupier or other persons interested therein shall file with the secretary-treasurer within fifteen days after notice has been given in a local newspaper bf the completion of the work his claim for damages in respect thereof stating the amount and particulars of such claim. (2) Such notice shall be given by the secretary-treasurer forthwith after the person in charge of the work or undertaking has given his final certificate and shall state the last day on which any claim under this section may be filed. (3) The date of publication of such notice shall be the date in respect of which the damages shall be ascertained. (4) Any claim under this section not made within the period hereinbefore limited shall be forever barred and extinguished. Compensation 331. Any claim for compensation for lands taken or damages t??^"*"* in respect of lands injuriously affected shall be deemed appurtenant to the land and shall pass by any transfer or conveyance thereof. Trustees, etc. 333. In the casc of land which the town has authority under this Act to take without the owner's consent corporations, tenants for life, guardians, committees and trustees shall on behalf of themselves, their successors and heirs respectively and on behalf of those whom they represent (whether infants, issue unborn, 964 TOWNS Cap. 2 1911-13 lunatics, idiots or others) have power to act as well in reference to any arbitration, notice and action under this Act as in contract- ing for and conveying to the town any such land or in agreeing as to the amount of damages arising from the exercise by the council of any power in respect thereof. (2) If there is no such person who can so act in respect of such land or of any person interested in respect of any such land is absent from Alberta or is uoknown or in case his residence is unknown or he himself cannot be found a judge may appoint a person to act in respect of the same for all or any of the said purposes. (3) In case any person acting as aforesaid had not the absolute estate ia the property the town shall pay the amoimt to be paid in respect of such property as a judge shall direct into court and the town shall not be bound to see .to the apphcation of any sum so paid. 233. The compensation or damages which may be agreed Compensation upon or awarded for any land taken or injuriously affected astostandm^ aforesaid shall stand in the stead of such lands and shall be subject ^^^ "' '*"** to the limitations and charges, if any, to which the said lands were subject and any claim to or encumbrance upon the said lands or to or upon any portion thereof shall as against the said town be converted into a claim to the money so agreed upon or awarded or to a like proportion thereof. 334. If any person to whom the compensation or damages vesting order or any part thereof is payable refuses to execute the proper transfer, discharge or other instrument or cannot be found or is unknown the town may pay such compensation or damages into court and thereupon the judge on the apphcation of the town may grant an order vesting in the town the absolute title to the lauds ia respect whereof such compensation or damages have been paid into court. (2) A notice in such form and for such time as a judge may direct shall be inserted in a newspaper of the toTvn or in case there is no newspaper pubUshed in the town in a newspaper circulating therein calling upon persons entitled to compensation or damages in respect of any lands or part thereof so taken or injuriously affected to file their claims to the said compensation or damages or any part thereof; and all such claims shall be received and adjudicated upon by the said judge. (3) Any judgment in such proceedings shall forever bar all claims to or in respect of the lands or any part thereof and all interest therein and to the compensation or damages therefor and the judge shall make such order for distribution, payment or investment of the money and for securing the rights of all persons interested therein as may be necessary. ' 33S. The coimcil in all cases where claims for compensation xenjer or damages are made against the town which under the provisions -pf this or any other Act are declared to be the subject of arbitration in the event of the parties not being able to agree may tender to any person making such claim such amount as they consider proper compensation for the damages sustained or the land taken; and in the event of the nonacceptance by the claimant 965 1911-13 Cap. 2 TOWNS of the amount so tendered and the arbitration being proceeded with if an award is obtained for an amount not greater than the amount so tendered the costs of the arbitration and award shall unless otherwise directed by the arbitrator be awarded to the town and set off against any amount awarded against them. Arbitration 336. Where a claim is mad.e for compensation or damages by the owner or occupier of or other person interested in lands taken by the council or which is alleged to have been injuriously affected in the exercise of any of the powers of the council in the event of the council not being able to agree with the claimant as to the amount of compensation or damages the same may be settled and determined by the award of a judge or of a barrister to be appointed by' him. Arbitrator's fees 337. The fees to be paid to a judge or to the barrister appointed by him in any arbitration shall be as follows: For every meeting where the arbitration is not proceeded with but an enlargement or postponement is made at the request of either party 13; For every day's sitting to consist of not less than six hours $20; For every sitting not extending to six hours (fractions or parts of hours being excluded) actually proceeded with for each hour occupied $3. Effect of reference 338. The reference of any such claim to a judge shall not be deemed to be an admission of any liability on the part of the town; and all defences and objections shall be open to either party as if an action had been brought. Costs 339; The judge or other arbitrator may award the payment by any of the parties to the other of the costs of the arbitration or of any portion thereof and may direct the scale on which such costs shall be taxed in which case the costs shall be taxed by the officers of the court without any further order; and the amount so determined shall be payable, within one week after taxation. Notes of evidence and view 340. In case of an award under this Act the judge or other arbitrator shall take and unmediately after making of the award shall file with the secretary-treasurer for the inspection .of all parties interested full notes of the oral evidence given on the reference and also all docimientary evidence so given or a copy thereof; and in case he proceeds partly on a view or any knowledge or skill possessed by him he shall also put in writing a statement thereof. Effect of award 341. The award shall not be binding on the town unless it is adopted by the town by by-law within one month after the making of the award; and if not so adopted the property shall stand as if no arbitration had been held and the town shall pay the costs of the arbitration. 966 TOWNS Cap. 2 1911-12 PART V. Municipal Finance, FINANCE. 243. The secretary-treasurer shall keep in his books two Accoimta of separate accounts of every debt, one for the special rate and one rate/em^ for the sinking fund or for instalment of principal both to bef™ds, etc. distinguished from all other accounts in the books by some prefix designating the purpose for which the debt was contracted; and he shall keep the said accounts with any others that are necessary so as to exhibit at all times the state of every debt and the amount of moneys raised, obtained and appropriated for payment thereof. 243. If after paying the interest of a debt for any financial J^i™*'°' year and appropriating the necessary sum to the sinking fund of such debt for the purpose of payment of any instalment of principal there is a surplus at the credit of the special rate account of such debt such surplus shall so remain and may be appUed if necessary towards the next year's interest; but if such surplus exceeds the amount of next year's interest the excess shall be carried to the credit of the sinking fund accoimt or shall be applied in payment of the principal of such debt. 244. No moneys levied and collected for the purpose of a SmMng fund sinking fund shall in any case be applied towards paying any portion of the current or other expenditures of the town. . 245. Subject to the approval of the Minister the council Jg^^^^^*^°°j' may by by-law direct that such part of the produce of the special yet payable rate levied and at the credit of the sinking fund account or of the special rate of any debenture debt instead of being invested as hereinafter provided shall from time to time as the same occurs be applied toward payment or redemption at such value as the council may agree for of any part of such debt or any of the' debentures representing or constituting such debt or any part of it though not then payable to be selected as provided in such byjaw; and the council shall thereupon apply and continue to apply such part of the proceeds of the special rate at the credit of the sinking fund or special rate account as aforesaid in the manner prescribed by such by-law. 246. In the event of the coxmcil diverting any of the saidLiabmtyin moneys for current or other expenditure the members of the Aversion of council who vote for the diverting of said moneys shall be™™^y» personally liable for the amount so diverted and the said amount may be recovered by the town by action against them in the Supreme Court. (2) The members of the council who voted for the same shall be (fisqualified from holding any municipal office for the period of two years and in case the coxmcil upon the request of any elector refuse or neglect for one month thereafter to bring an action therefor in the name of the town the action may be brought by an elector on behalf of the town. 967 1911-13 Cap. 2 TOWNS Neglect to levy sinkitag fund Investment of sinking fund Surplus income from town works Prohibition as to investment 347. In the event of the council neglecting in any year to levy the amount required to be raised to provide a sinking fimd or for the instalment necessary for the payment of any debenture debt of the town every member of the council shall be disqualified from holding any town office for the next two years; but no member of the council shall be liable to the penalty hereby imposed who shows to the satisfaction of any judge or tribunal before whom or before which the question of such raember's qualification arises that he made reasonable efforts to procure the levjdng of the said amounts. 348. If any part of the produce of the special rate levied iu respect of any debt and at the credit of the siiddng fund account or of the special rate account thereof or of any reserve fund cannot be immediately applied towards paying the debt by reason of no part thereof being yet payable' the council shall from time to time invest the same in government securities, municipal or school debentures or in local improvement debentures of the town or in any other debentures of the town or in first mortgage of freehold real estate within the town to an amount not exceeding one-third of the sworn cash valuation of an independent appraiser and from time to time as such securities mature may invest ia other like securities. (2) The council may regulate by by-law the manner in which such investment shall be made in the aforesaid securities. (3) It shall not be necessary that any of the debentures referred to in this section shall have been disposed of by the coimcil; but the council may apply the sinking fund to an amount equal to the amount of such debentures for the purposes to which the proceeds of such debentures are properly applicable; and they shall hold the debentures as an investment on account of the sinking fund and deal with the same accordingly. • (4) The council may direct by by-law that any surplus moneys in the hands of the treasurer and not specially appropriated to any other purpose shall be credited to the sinking fund account of any debenture debt and may invest such sioking fund in any of the securities named in and according to the provisions of this section. 349. The council may appropriate to the payment of any debt the surplus income derived from any town work or from any share or interest therein after paying the annual expenses thereof or may so appropriate any imappropriated money in the treasvu-y or any money raised by general rate; and any money so appropriated shall be carried to the credit of the sinking fund of the debt or may be applied in payment of any instalment thereof accruing due or the council may from time to time appropriate to a fund to be known as a reserve fvmd part of any surplus rucome arising from any town work for the purpose of meeting contingencies which in the opinion of the council may be thought Ukely to arise in connection therewith. 350. No member of the council shall take part in or be a party to the investment of any moneys referred to in section 248 hereof otherwise than is therein authorized and any person so doing shall be held personally liable for any loss thereby sustained by the town. 968 TOWNS Cap. 2 1911-13 351. In order to obviate a difficulty which has been found ConsoUdatioii to prevail in negotiating local improvement debentures in" '""^ consequence of many of the same having to be issued for small and broken amounts the council may from time to time after the passing of by-laws covering the several amounts required for particular local improvements and without in any way affecting the liens on the property therein described pass a collective or accumulative by-law consolidating the several amounts of the said debentures and may issue the new consolidated debentures in a general consecutive issue under such consolidated by-law apportioning nevertheless the amount raised thereby and crediting each service with the amount previously fixed for the same under the iadividual by-law passed in the first instance. 353. After a referred by-law has been finally passed by the Temporary council the council may by by-law authorize the mayor and'""™ treasurer to raise from time to time by way of a temporary loan in anticipation of the issue or sale of the debentures authorized by the referred by-law and for the purposes thereby authorized such sum or sli^s not exceeding in the aggregate eighty per cent, of the total principal sum authorized by the referred by-law to be raised as the council deems expedient and all such temporary loans shall be a special charge upon the debentures in anticipation of the issue or sale whereof such temporary loans were made. 353. The secretary-treasurer shall open and keep a book to be Debenture known as "The Debenture Register"; in the said book there shall ■■agister be entered particulars of every by-law authorizing the issue of debentures and of all debentm-es issued thereunder and every debenture issued shall have written, printed or stamped thereon a memorandum signed by the treasurer with the proper particulars inserted therein in the following form: Registered in the debenture register as No under By-law No this day of , 19.... 354. In case any debenture is registered in the debentm-e Effect of register the same shall be valid and blading in the hands of the''^^"^**'™ town or of any bona fide purchaser for value notwithstanding any defect in form or substance therein. 355. A certificate signed by the mayor and treasm-er and certificate of sealed with the corporate seal of the town that any debenture'®^'*'**'™ has been duly registered in the debentiu-e register shall be prima fade evidence of such registration. 356. A town may in any case where a debentm'e issued imder canceUation the authority of any by-law has not been sold, transferred, mort- °* '*®''™*™^ gaged, pledged, hypothecated, or otherwise disposed of, cancel the same and the entry in the debenture register of the issue thereof, and thereupon issue one or more new debentures in sub- stitution therefor, and may make such new debenture or debentures payable by the same or a different mode of payment, and where any debenture has been sold, transferred, mortgaged, pledged, hypothecated, or otherwise disposed of, a town shall have the 969 1911-13 Cap. 2 TOWNS like right of cancellation and re-issue upon acquiring the same as holder, or upon the request of the holder thereof; provided that neither the period over which the indebtedness was originally spread, or the term at the end of which the same was made payable, as the case may be, nor the rate of interest is increased, and that the amount of the principal of such new debenture or debentures does not exceed the amount of the principal remaining owing upon the original debenture. 1914, c. 7, s. 3. S'taMfe™ 357. Any debenture issued by the council may contain a provision in the following words: This debenture or any interest therein shall not after a certificate of ownership has been endorsed thereon by the secretary-treasmrer of this town be transferrable except by entry by the secretary-treasurer in the debenture register of the town. Certificate of ownership of debenture 358. In case of the issue of any debentures containing the provision in the last section mentioned the secretary-treasurer shall open and keep a debenture register in which he shall enter a copy of all certificates of ownership of debentures which he may give and also every subsequent transfer of such debenture; no such entry shall be made except upon the written authority of the person last entered in such book as the owner of such debenture or of his executors or administrators or of his or their lawful attorney which authority shall be retained and duly filed by the secretary-treasurer. (2) After a certificate of ownership has been endorsed as afore- said the debenture shall only be transferable by entry by the secretary-treasurer in such debenture register from time to time as transfers of such debentiu-e are authorized by the then owner thereof or his lawful attorney. DEPOSIT OF SINKING FUND WITH THE PEGA-INCIAL TRBASUKEE. Sinking fund may be paid into provincial treasury Money received to form part of general ' revenue fund ■ Sinking fund may be invested in the debentures, etc. 359. Notwithstanding the foregoiag provisions of this Act the council where it proposes to pass a by-law for borrowing money by the issue of debentures and to create a sinking fimd for the repayment thereof may pass a by-law wherein it may be provided that the annual amoimt to be levied on account of the sinking fund shall be paid by the secretary-treasurer to the Provincial Treasurer. (2) Where a municipality avails itself of the right conferred by the next preceding subsection the Provincial Treasurer may receive from the secretary-treasurer of the town the annual amounts so levied on account of the sinking fund and .allow and credit the town with interest thereon at the rate of four per cent, per annum, compounded yearly until the time when tha debentures to which the sinking fund is applicable become payable and the sinking fund is required for their redemption. (3) All moneys received by the Provincial Treasurer under the provisions of this section shall form part of the general revenue fund of the province and a statement of the amount at the credit of each town shall be set forth annually in the public accounts of the province. (4) The Lieutenant Governor in Council may from time to time should such course be deemed advisable direct the Provincial 970 TOWNS Cap. 2 1911-13 Treasurer to invest the amount at the credit of the town or any part thereof as directed by section 26 of The Treasury Department Act, being chapter 5 of the Statutes of Alberta, 1906, or any Act passed in amendment or substitution thereof, or in the debentures of such town to redeem which such sinking funds were paid to the Provincial Treasurer. 360. Any by-law passed under the provisions of this A-ctP^^o^j, may also provide that the debentures and coupons for the interest thereon may be payable in gold or its equivalent of lawful money of Canada or of Great Britain at a bank to be named in any part of Great Britain, the United States of America or Canada. 361. Where a by-law has been passfed under the authority Amount, of section 259 hereof the amount payable in any year to the SrSng"/ imd credit of the sinking fund which under the provisions of the^ygto^tl*** by-law is to be paid to the Provincial Treasurer shall be deemed Treasurer a debt due to him and in default of payment thereof he may sue therefor in any court of competent jurisdiction in his own name as for a debt due to the Crown. 363. Every town the council of which shall hereafter pass Debenture any by-law under the provisions of section 259 hereof shall within be'sent' to" thirty days after the final passing of the by-law transmit a duly"^™"*" certified copy thereof to the Minister. 363., Where by any by-law heretofore or hereafter passed ^°°^^^™ provision is made for raising a sinking fund to meet the debentures fund to be to be issued under the authority of the by-law the town in each m^^, year in which the sinking fund is required to be raised shall transmit to the Minister a return showing whether the sinking firnd for the year has been raised and how it has been applied or dealt with and the state of the investment of any part of the sinking fimd therefor collected which return shall be verified by the affidavit or statutory declaration of the mayor and of the secretary- treasurer of the town. 364. Any town which does not comply with the provisions Penalty of the next preceding section and the mayor and secretary- treasurer thereof shall be guilty of an offence; and for every offence each shall incur a penalty not exceeding $100 to be recovered with costs by summary conviction. PART VI. Assessment and Taxation. 365. All municipal and school taxes shall be levied equally Taxes to be upon all rateable land in the town and it shall be the duty of'^™*^"™*' the assessor to make an assessment of such land in the town in the manner hereinafter provided. 366. In every town all lands shall be liable to assessment Exemptions and taxation for both municipal and school purposes subject to the following exemptions: 971 I911i.l3 Cap. 2 TOWNS 1. The interest of the Crown in any land, including any land held by any person in trust for the Crown; 2. Land specially exempted by law or held for the public use of the Province of Alberta; 3. If any land mentioned in the two preceding clauses is occupied by any person otherwise than in an official capacity the occupant shall be assessed therefor but the land itself shall not be liable: Provided, however, that in the case of land held vmder graz^ing lease or permit from the Government of Canada, no tax shall be payable by any person as occupant in respect of his interest therein under such grazing lease or permit; 1914, c. 7, s. 4. 4. The land upon which there is erected any building used • for church purposes and not used for any other purpose for hire or reward, and the lands'attached to or bona fide used in connection therewith, not exceeding one-half acre; 5. The land not exceeding four acres of and attached to or otherwise bona fide used in connection with and for the purposes of every university, every school established under the authority of The School Ordinance, every incorporated hospital or the associations known as "The Young Men's Christian Association" and "The Young Women's Christian Association" respectively, so long as said land is actually used and occupied by such institutions but not if otherwise occupied; 6. The land exempted under the two preceding clauses shall nevertheless be liable to be assessed for local improvements and frontage tax. 1913 (2nd Session), c. 22, s. 11. 7. All land belonging to the town and used only for town purposes; 8. The land vested in any library board established under the provisions of The Public Libraries Act; 9. The land used by agricultural societies organized under The Agricultural Societies Ordinance, or any Act passed in amendment or substitution thereof. Afiseasment of land 367.' Land shall be assessed at its actual cash value as it would be appraised in payment of a just debt from a solvent debtor exclusive of the value of any buildings thereon or any other increase in value thereof, caused by any other expenditure of labour or capital thereon. (2) Whenever two or more persons are as business partners, joint tenants, tenants in common or .by any other kind of a joint interest the owners or occupants of any land liable to liaxation hereunder the names of each such persons shall be entered on the assessment roll in respect of his share or interest of or in such land. (3) If the value at which any land has been assessed appears to be more or less than the actual cash value, the amount of the assessment shall nevertheless not be varied on appeal if the value at which the said land is assessed, bears a fair and just relation to the value at which other land in the immediate vicinity thereof is assessed; provided, however, that in no case shall an obviously excessive assessment be maintained. 1913 (1st Session), c. 8, s. 12; 1914, c. 7, s. 5. (4) Provided however that in the case of a consolidated school district The School Assessment Ordinance shall apply. 1913 (1st 'ocssion), c. 8, s. 12. 972 TOWNS Cap. 2 1911-12 368. On or before the first day of August in each year the ^j,^*'^] °' board of trustees of every town school district shall transmit trustees to to the treasurer of each town in which the district is situated eStaate oi in whole or in part, as by section 89 of The School -Assessment ^^^^^^^^ Ordinance provided — (o) A map or plan showing the area and boundaries of the said district; , (&) The estimated expenditure of the district for the year; (c) A certified copy of a resolution of the board of trustees fixmg the amoimt for which the school district is liable for school purposes. 1915, c. 15, s. 2. 268a. It shall be the duty of the council to pay to the school district on demand the amounts required from time to time for school purposes; provided, however, the total of the amounts dema,nded does not exceed the total estimate transmitted by the school board under the provisions of section 268 hereof. 1913 (1st Session), c. 8, s. 31. (2) In every year all taxes collected by the council for school purposes and all moneys paid to the council from a loan made to meet the demands of any school district, shall be kept by the council in a separate account and deposited in a chartered bank to be credited to a trust fund to be styled "The School Taxes Trust Fund," and shall only be paid thereout to the school district having right thereto. 1914, c. 7, s. 6; 1915, c. 15, s. 4. (3) In the event of the council failing to pay to a school district within thirty days from the making of a demand therefor the amounts required from time to time for school purposes, such amounts shall become due, owing and payable by the town to such school district; provided, however, that such debt may not be recovered Tay suit at law in the name of any person without permission to enter such suit being granted by the Minister of Education. 1915, c. 15, s. 4. (4) Any person, bank or corporation lending any sum to a town \mder section 163 hereof shall not be bound to establish the necessity for borrowing the same nor see to the payment of the same by the town into the said school taxes trust fund nor, as to the payment out thereof. 1915, c. 15, s. 9. 369. As soon as may be, but not later than the 31st day of^^p^^t^o^of May in each year the assessor shall assess every person having rofr™"™* any interest in assessable land in the town either as the owner or occupant, and shall prepare an assessment roll wlxich shall set out as accurately as may be — (a) The name of the person having an interest in each lot or parcel of land in the town which is not exempt from assess- ment, whether as owner or occupant, and the post office address, if known, of every such person; (6) A brief description of each such lot or parcel of land and of the interest of each person therein and of the assessed value of such interest. 370. Unless the Minister otherwise provides the assessment roll shall be in the following form: 973 1911-12 Gap. 2 TOWNS O O H < Pi o Ph h:i O P^ H I s CO 02 w 02 <1 •aoi^on JO 3m:jsod jo jtiaAnap p s^'sa ;juarassas9B jo a^VQ •J9^oddns poqDS g^'BJBdas xo onqn,! 1 •^uerassassy jo ^unoniv PTOX 'Si^nainaAOJdnii pu'B sSrapnnq jo sAisnpxa noajaq(> nbsiad ajq'BXB^'aq^ jo lisaja^ni aq^ jo jo X:>J9doJd ITS9J JO ^oj JO jgojBd qoBa JO anf'BA qsBO j'BnijO'B oqj;, ' » •q^dap puB aSnnoij •^^jgdoid ajq'BXB?. JO noi^diJosaQ jaiJg {fwsdnooo) •ODO • (jaUMO) 'MQ ■ssajppB aotgo *^° ^q:^ m ajq'BXB; nosjad jtiaAa JO (pauiB:(jaosB aq weo axnes aqq^ ji) ]jnj m sanrEU aqx •(juamssassy jo 'o^ 370a. The council may for a period not exceeding four years from the 31st day of December, A.D. 1914, by a by-law passed at a regular meeting of the council held prior to the first day of May in any year, at which two-thirds of the members of the whole council vote in favour of such by-law, provide for the im- position of a tax to be known as a business tax, upon all persons carrying on any trade, business or profession within the limits of the town, but the provisions of this section shall not extend to any trade, business, or profession licensed under the provisions of this Act. 1913 (1st Session), c. 8, s. 13; 1914, c. 7, s. 7. (2) The assessment of any such trade, business, or profession shall be made upon the basis of the rental value of the premises used or occupied for the purpose of carrying on such trade, business, or profession. Such by-law shall fix an uniform rate but no tax imposed hereunder shall exceed ten per centum of the rental value of such premises. 1913 (1st Session), c. 8, s. 13; 1914,' c. 7. s. 7. 974 TOWNS Cap. 2 1911-13 (3) In any town where a business tax is levied under the provisions of this Act the form of the assessment roll herein provided shall be varied accordingly. 1913 (1st Session), c. 8, s. 13; 1914, c. 7, s. 7. 371. If any assessor makes fraudulent assessment or wilfully Fraudulent or fraudulently inserts in the assessment roll the name of a,ny**^^™*°* person who should not be entered therein or wilfully or fraudu- lently omits the name of any person who should be entered therein or wilfully neglects any duty required of him by this Act he shall be liable to a penalty of $100. 373. The assessor within fifteen days after completing the Notice of said roll shall publish in a newspaper published in the town^™^™^^"^'"' and post up in five conspicuous places in the town a notice in the following form: Town of '. Assessment Roll, 19 Notice is hereby given that the assessment roll of the town of. for the year 19. . . .has been prepared and is now open to inspection at the ofiice of the secretary-treasurer of the town from 10 o'clock in the forenoon to four o'clock in the afternoon on every day which is not a pubUc holiday except Saturday (and on that day from 10 o'clock in the morinng to 12 o'clock noon), and that any ratepayer who desires to object to the assessment of himself or of any other person must within thirty days after the date of this notice lodge his complaint in writing at my office. Dated this day of , 19 ... . AB. Assessor. 373. The assessor shall also within fifteen days after the Notice ^y mail completion of the assessment roll transmit by mail to every person named therein an assessment slip containing the particulars appearing in the roll with respect to such person. (2) There shall be appended to every such assessment sUp a notice of the last date upon which complaints may be lodged as fixed by the notice under section 272 hereof and there shall be endorsed thereon a written or printed form of complaint as given in section 275 hereof. (3) No assessment shall be invalidated by an error in the assessment slip transmitted as aforesaid or by reason of the nontransmission or nonreceipt thereof by the person to whom it was addressed. 373a. Immediately upon the completion of the assessment roll, the assessor shall make and attach thereto a statutory declar- ation ia the following form: I, of thfe Town of in the Province, of Alberta do solemnly make oath and declare: 1. That I have according to the best of my information and belief set down in the above assessment roll all land liable to assessment situated in the town of and I have justly and truly assessed each of the parcels of land 975 1911-13 Appeal to council Cap. 2 TOWNS SO set down at its actual value and I have also justly assessed each person assessable as the occupant of land exempt from assessment under the provisions of this Act. ; 2. That I have estimated and set down to the best of may information and belief in the said assessment roll the amounts assessable against every person named in the said assessment roll for the purpose of the taxing of his trade or business. 3. That according to the best of my knowledge and belief I have entered therein the nanae of every person entitled to be entered under the provisions qf The Town Act, and I have not intentionally omitted from the said assessment roll the name of any person whom I know or whom I had good reason to believe was entitled to be entered therein under the said Act. 4. That I have not entered the name of any person at too low a rate in order to deprive such person of a vote, or at too high a rate in order to give such person a vote and the amount for which each such person is assessed in the said roll truly and justly appears in the notice delivered or transmitted to him. And I make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at 1 the day of.... 19.. [ in the Province of J A Commissioner, Etc. 1913 (1st Session), c. 8, s. 14. 374. If any person thinks that he or any other person has been assessed too low or too high or that his name or the name of any other person has been wrongly inserted in or omitted from the roll or that any person who should be assessed as a public school supporter has been assessed as a separate school supporter or vice versa he may within the time limited as aforesaid give notice in writing to the assessor that he appeals to the coimcil to correct the said error and in such notice he shall give an address where notices may be served upon him. Form of notice of appeal Notice of hearing 375. Every such complaint shall be in the following form: To the Assessor of the Town of Sir, — I. hereby appeal against assessment No {or as the case ma-g he) on the following {here state grounds of appeal). CD., Applicant. Dated this day of , 19. . . . 376. The assessor shall forthwith notify every such appellant and every other person whose assessment is affected or may be affected thereby of the time and place of the sittings of the council to hear the said appeal. Time of notice 377. Every such notice shall be mailed by registered post to the post oflSce address of such person as entered on the assessment roll at least fifteen days before such sitting of the council unless such person has a place of business within the 976 TOWNS Cap. 2 1911-13 town in which case the assessor shall cause the said notice to be served at such place of business at least six days before the sitting of the council. 378. Before the sittings of the council the assessor shall prepare List of appeals a list of the appeals in the following form which list shall be posted on a notice board at the office of the secretary-treasurer and shall continue so posted during the sittings of the council: Appeals to be heard by the council of the Town of on the day of 19. . . . Appellant B,especting whom Matter complained of A.B. CD. G.H. etc. Self E.F. J.K. etc. Overcharged on land Name omitted Not bona fide owner or tenant 379. The assessor shall be the clerk and secretary of the Secretary council in connection with assessment appeals. (2) As such clerk the assessor may when required so to do issue a summons to any person to attend as a witness at the court of revision; and if any person so summoned having been tendered compensation for his time at the rate of $1 per day and mileage at the rate of ten cents per mile (both ways) where a railway is not available or actual railway fare (both ways) where a railway is available disobey such simimons he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 and costs: Provided however that the council hearing the appeal may for good and sufficient reasons excuse such person from attending before them and in such event no penalty shall be incurred by reason of such nonattendance. 380. The appeals shall be heard as far as possible in the order Conduct of in which they stand upon the said list but the council may adjourn '^""^ or expedite the hearing of any appeal as it thinks fit. 381. If the a.ppellant or any other person whose assessment Non- is affected or may be affected by the result of the appeal f ails 'pp^"™""^ to appear in person or by an agent the council may proceed ex parte. 383. It shall not be necessary to hear upon oath the coniplainant Evidence or assessor or the person complained against except- where the council deem it necessary or proper or where the evidence of the person is tendered on his own behalf or is required by the opposite party. (2) All oaths necessary to be administered to witnesses giving evidence before the council may be administered by any member of the council hearing the appeal. 383. All the duties of the council under the foregoing sections Termination shall be conpleted by the tenth day of July, and no appeal to"'*'**'"'^ the council shall be heard after that date. 1914, c. 7, s. 8. 977 1911-13 Cap. 2 TOWNS Amendment 384. Forthwith after the conclusion of the sittings the assessor shall amend the assessment roll in accordance with the decisions of the council; every such amendment shall be made in ink of a different colour from that of the original roll and shall be verified by the initials of the assessor. ofameldS^"' 385. The roll as finally passed by the council and certified roll by the assessor as so passed shall be valid and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or any defect, error or misstatement in the notice required by section 276 of this Act or any omission to deliver or to transmit such notice. Evidence of roll Omissions from roll 386. A copy of the roll or any portion thereof written or printed without any erasure or interlineation and under the seal of the town certified to be a true copy by the assessor shall be received as prima facie evidence in any court of justice without the production of the original assessment roll. 387., If at any time before the first day of December it shall be discovered that the property of any taxable person, or any part of same is not included in the roll the assessor shall notify such taxable person by registered letter mailed to the post office address of such person if such address be known that at meeting of the council to be held at least fifteen days after the mailing of such notice an application will be made to the council to assess such taxable property for such sum as may be deemed right and that such taxable person is required to attend at such meeting to show cause why the said taxable property should not be assessed and as to the amount the same should be assessed for. (2) After such notices have been mailed as aforesaid and after the expiration of the time mentioned therein or if such taxable person or his address be not known then without any notice the council may assess such taxable property and direct the assessor to, enter the same upon the proper tax roll as they shall direct and the name of such taxable person if known: Provided always that all the provisions of this Act as to appeals from assessments as far as the same are applicable shall apply to any such assessmait. (3) Immediately after such assessment shall be made as afore- said the assessor shall place the same on the tax roll at the end thereof and shall rate the same at the same ratio as the rest of the said roll and thereafter the taxes on same shall be collectable in the same manner as the rest of the taxes. 28ffiIor°L 388. Where a person claims to be assessed or claims that to entries another person should be assessed or named in the assessment roll so as to be entitled to be an elector and the assessor has reason to suspect that the person so claiming or the person on whose behalf the claim is made has not a just right to be so assessed or to be named in the roll so as to be entitled to be an elector the assessor shall make reasonable inquiries before or naming any such person in the assessment roll. (2) Any person entitled to be assessed or to have his name inserted in the assessment roll shall be so assessed or shall have his name so inserted without any request in that behalf; and a 978 TOWNS Cap. 2 1911-13 person entitled to have his name so inserted in the assessment roll shall have the same right to apply to have the name of any other person inserted in the assessment roll as the other person would or could have had personally unless such other person actually dissents therefrom. (3) Any person who wilfully and improperly inserts or procures the insertion of the name of a person in the assessment roll and any person who wilfully inserts or procures the insertion of any fictitious name in the assessment roll and any person who wilfully and improperly omits or procures the omission of the name of any person from the assessment roll or assesses or procures the assessment of a person at too 'low an amount with intent in any such case to deprive that person of his right to be an elector shall upon summary conviction thereof be liable to a penalty of $25 with costs. (4) In the absence of any declaration by the ratepayer as to whether he desires to be rated as a supporter of public school or of separate school the assessor shall enter the ratepayer as the supporter of the public school. 389. It shall be the duty of every assessable person to give inf ormj,tion to the assessor all information necessary to enable him to make*" ^^^^ up the roll but no statement made by any such person shall bind the assessor or shall excuse him from making inquiry as to its correctness. 390. The roll with any amendments made as aforesaid shall Adoption be adopted by the council on or before the fifteenth day of July" ™ and shall thereupon become and be the revised assessment roll of the town: Provided that there shall be a right of appeal from the decision of the council to the judge as provided by and according to the procedure prescribed herein. 1913 (2nd Session), c. 22, s. 12. 391. The council may at any time correct any gross and Correction palpable errors in the roll and any correctness so made shall °^""'" be initialled by the assessor. APPEAL FHOM COURT OF REVISION TO l^E JUDGE. 393. An appeal to the judge shall lie not only against, the Appeal Uee decision of the court of revision on an appeal but also against*"'"^** the omission, neglect or refusal of the said court to hear or decide an appeal to it. 393o. On the hearing of any such appeal if it is made to appear to the judge that land situated in any town school district but outside the limits of the town municipality has been assessed at a higher relative value than land within such town municipality he may order that a percentage of reduction be made in the . assessed value of all lands so situated outside the limits of such municipality so that justice may be done4n the school district as between the ratepayers inside and outside the limits of the town municipaUty. The judge shall have further power upon the hearing of any such appeal if he is of the opinion that the assessment is so inequable that substantial justice canuot be done by adjusting the 979 1911-13 Cap. 2 TOWNS assessment in such cases as are then on appeal before him or by means of the exercise of the powers hereby conferred in the next preceding section, he may order that the assessment be quashed and that new assessment be made. 1913 (1st Session), c. 8, s. 15. Frpceedings on appeal Notice'of appeal r to notify parties interested in appeals Time of notice Assessor to post notice of appeals Secretary- treasurer to be clerk of court Hearing and determination of appeals Proceedings before judge 393. In all appeals under the provisions of the preceding section the proceedings shall be as follows: 1. The appellant shall in person or by agent serve upon the assessor within eight days after the decision of the court of revision a written notice of his intention to appeal to the judge; 2. The assessor shall immediately after the time limited for service of such notice forward a list of all appeals to the judge and the judge shall fix a day for the hearing of such appeals; 3. The assessor shall immediately upon the judge fixing the day for the hearing of such appeals give notice in writing to all parties interested in the said appeals respectively of the time and place fixed by the judge for the hearing of the same; 4. Every such notice shall be mailed by registered letter to the post office address of the appellant as entered on the assess- ment roll at least fifteen days before the day fixed by the judge for hearing the appeals unless such person has a place of business within the town in which case the assessor shall cause the said notice to be served at such place of business at least six days before the day fixed by the judge for hearing the appeals: Provided however that in the event of failure by the assessor to have the required service of notice made or to have the same made as required by this Act the judge may direct the service to be made for some subsequent day then to be fixed by him for the hearing of the appeal; 5. The assessor shall immediately upon the judge fixing the day for the hearing of such appeals cause a conspicuous notice to be posted up in his office and in the place where the covmcil holds its sittings containing the names of all the appellants and parties appealed against with a brief statement of the ground or cause of appeal, also a statement of the time and place fixed by the judge for the hearing of such appeals; 6. The secretary-treasurer shall be the clerk of the court to be held by the judge for hearing the appeals and may issue sub- poenas for the attendance of witnesses and the production of docimients at said court; 7. At the court so holden the judge shall hear the appeals and may adjourn the hearing from time to time and defer judgment thereon at his pleasure but all appeals shall be determined before the fifteenth day of August; all deferred judgments shall be in writing and when given shall be filed with the secretary-treasurer ; 1913 (2nd Session), c. 22, s. 13. 8. At the court to be holden by the judge to hear the appeals the person having charge of the assessment roll passed by the court of revision shall appear and produce such roll and all papers and writings in his custody connected with the matter of appeal and such roll shall be confirmed, altered or amended according ' to the decision of the judge if then given who shall write his initials opposite any part of the said roll in which any mistake, error or omission is corrected or supplied and if the judge reserves his judgment the secretary-treasurer shall when the same is given 980 TOWNS Cap. 2 1911-13 forthwith alter and amend the roll according to the terms of the judgment and shall write his own name opposite every such alteration or correction; 9. In such proceedings the judge shall possess all such powers Judge's powers for compelling the attendance of and for the examiniag on oath of all parties whether claiming or objecting or objected to and all other persons whatsoever and for the production of books, papers, rolls and documents and for the enforcement of his orders, decisions and judgments as belong to or might be exercised by a judge of the District Court in respect of any civil proceeding in said court; 10. All process or other proceedings in, about or by way of™«J^ appeal may be entitled as follows: In the matter of appeal from the court or revision of the town of Between - A.B., Appellant, and CD., Respondent; 11. The costs of any proceeding before the judge as aforesaid Cost of "' " shall be paid by or apportioned between the parties in such manner p^^^^^^s^ as the judge thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the District Court or in the same manner as upon an ordinary judgment for costs recovered in such fiourt; 12. The costs chargeable or to be awarded in any case may Taxation be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allowance in the court for such costs; and in cases where execution issues the costs thereof as in the like court and of enforcing the same may also be collected thereunder; 13. The decision and judgment of the judge shall be final d^"™"" fi"*' and conclusive in every case adjudicated upon. RATES. 394. The council shall in each year fix by by-law and levy i™"tations upon all lands assessed upon the last revised assessment roll such rate or rates as shall be sufficient to pay all the debts of the town falling due within the year and the estimated expendi- tures of all town school districts transmitted by each board of trustees under the provisions of section 268 of this Act, making due allowance for the cost of collection and for the abatement and losses which may occur in the collection thereof. 1915, c. 15, s. 5. (2) If at the time of the erection of a village into a town ng assessment for village purposes has been made for the then current year or any preceding year and by reason thereof any debt has been incurred by the village and the same or any portion is still unpaid the council of the town shall have power to fix by by-law and to levy upon all land liable to assessment for town purposes, such special rate as it may deem necessary to provide for the dis- charge of such debt, and such rate may be in addition to the maximum rate allowed under the provisions of this section. 981 1911-13 Cap. 2 TOWNS (3) In the case of a town school district the rate of taxation on unsubdivided farm lands situated outside the limits of the town municipality shall not exceed 8 mills on the dollar. 1913 • (1st Session), c. 8, s. 16. (4) The council may assess, levy and collect a frontage tax on all lands fronting or abutting on any of the streets, lanes, squares or other public places in, through or along which water- works mains have been or may hereafter be laid. Such tax shall be a uniform one of a certain amount (not exceeding 10 cents) per foot of the frontage, to be assessed, levied and collected as part of and along with the ordinary municipal taxes, and shall form a lien upon the lands affected in the same way as such ordinary taxes. 1913 (2nd Session), c. 22, s. 14. (6) The amount of such tax, the lands to be affected, the mode of adjustment and the amount of the tax in respect of lands of peculiar shape or size, or of varying depths, or in respect of lands fronting or abutting on more than one street, lane, square or public place, shall be ascerta,ined and determined by the assessor in such manner as he shall be directed thereto by the council. The assessor shall on or before the 15th day of July prepare and file with the official, in whose charge the collector's rolls are prepared, a report showing the names of all persons liable for frontage tax, a description of the lands and the amount of such tax. Immediately upon the completion of the report the assessor shall make and attach thereto a statutory declaration in the follow- ing form:, I, , of the Town of in the Province of Alberta, , do solemnly declare: 1. That I have, according to the best of my knowledge, information and belief, set down in the attached report all lands liable to frontage tax situated in the Town of And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at ..... . in the Province of Alberta, this day of , A.D. 19.... Assessor for the Tmim of A Commissioner in and for the Province of Alberta. 1913 (2nd Session), c. 22, s. 14. (c) The official in whose charge the collector's rolls are prepared shall enter the amount of such tax in such rolls against the .respective lands affected, in the same manner as and as part of the ordinary municipal rates and taxes. Such tax may be so ' assessed, levied and collected irrespective of whether such lands are vacant, or are not connected with the water mains or do not use or receive water from the same, and such frontage tax shall be a charge separate and apart from the rate or price charged for water actually furnished or supplied, or agreed to be furnished or supplied by the council. 1913 (2nd Session), c. 2, s. 14. By-law 395. The council may pass one by-law or several by-laws authorizing the levying and collecting of a rate or rates of so much in the dollar upon the assessed value of the assessable 982 TOWNS Cap. 2 1911-13 property in the town as shall be suflScient to raise the sum required according to such estimates. . 396. If the amount collected falls short of the sum required Deficiency the council may direct the deficiency to be made up from any unappropriated fund belonging to the town. 397. If there is no unappropriated fund the deficiency niayEqu^^ be equally deducted from the siuns estimated as reqmred or from any one or more of them. deductioD 898. If the sums collected exceed the estimates the balance ^™p'"" shall form part of the general funds of the town and shall be at the disposal of the council unless otherwise specially appro- priated; but if any portion of the amount in excess has been collected on account of a special tax upon any particular locality the amount in excess collected on account of such special tax shall be appropriated to the special local object for which it was so collected. . 399. The rates or taxes imposed or levied for any year shall Date of be considered to have been imposed and to be due on and from Sxea" " ° the first day of January of the then current year ending with the thirty-first day of December thereof unless otherwise expressly provided for by the by-law under which the same are directed to be levied. TAXES. 300. On or before the first day of September in each year^^^*^°^ the secretary-treasurer, with the assistance of the assessor, shall of roii prepare a tax roll and shall proceed to collect the taxes specified therein. 1913 (1st Session), c. 8, s. 17; 1913 (2nd Session), c. 22, s. 15. (2) The tax roll may be a continuation of the assessment roll and shall in that way, or independently, contaiu — (a) The name of every person assessed; (&) His residence; (c) The value of the land in respect of which he is assessed; (d) The total amount for which he is assessed; and there shall be calculated and set down opposite each such entry, in appropriately headed columns, the sums for which such person is chargeable by way of taxes on account of: (1) The general rate, which may include the general debenture rate; (2) special rate; (3) school rate, and (4) arrears and the total thereof. 1913 (1st Session), c. 8, s. 17. (3) If the taxes payable on any lot in any subdivision or plan, or on any fraction of a quarter section for the purposes of the town are less than fifty cents, the amount payable to such town on any lot in any subdivision or plan, or on any fraction of a quarter section for such purposes shall be fifty cents; and if the amount payable for school purposes on any lot in any sub- division or pla,n or on any fraction of a quarter section is less than fifty cents, the amount payable to the said town on any lot • in any subdivision or plan, or on any fraction of a quarter section for such purposes shall be fifty cents. 1913 (2nd Session), c. 22, s. 15; 1914, c. 7, s. 9; 1915, c. 15, s. 6. 983 1911-13 Cap. 2 Tax notice TOWNS 301. If a taxable person is a resident of the town the secretary- treasurer shall either transmit to him by mail a written or printed notice showing the amount of the taxes payable by such person and distinguishing between — (a) Taxes on land; (6) School taxes; and (c) Local improvement or other special tax; or serve such notice upon any grown up person at the residence or business office of the person taxed; and the secretary-treasurer shall immediately enter upon the roll a memorandiun of the date of the service or mailing of such notice and shall verify it by his initials; and such entry shall be prima facie evidence that the notice was served or mailed as aforesaid and of the date thereof. Tax notice nonresident 303. In case the taxable person is a nonresident the secretary- treasurer shall transmit to him by mail a similar statement of the taxes charged against him in the roll; and the secretary-treasurer shall inunediately enter upon the roll a memorandiun of the date of such transmission and verify it by his initials and such evidence shall be "prima fade evidence that the said notice was so trans- mitted and of the date of such transmission. infltaimonts 303. The couucU may by by-law require payment of taxes to be made by the taxable person ait the office of the secretary- ' treasurer on any day or days and in bulk or by instalments. 303a. Any amount paid for taxes by any person assessed shall in every case be first applied to the payment of arrears, if any. Where no arrears exist any amount so paid, or in case of the existence of arrears, any balance remaining therefrom after the payment of such arrears, shall upon the written request of such person made before or at the time of payment, be applied to the payment of the taxes selected in such request, and where no such request is made, any such amount or balance, as the case may be, shall be applied to the payment of such of the taxes of the person assessed as the secretary-treasurer shall select. 1914, c. 7, s. 10. Rebate 304. The couucil may by resolution allow a rebate or allowance, not exceeding ten per centum of the amount of the said taxes, by way of discount for payment of the aforesaid taxes on or before the day when the same or the first instalment thereof are payable. 1913 (2nd Session), c. 22, s. 16. Land tax a lien 305. The taxos due upou any land may be recovered with costs from any owner or tenant originally assessed therefor and from any subsequent owner of the whole or any part thereof (saving his recourse against any other person); and such taxes shall be a special Uen upon the land and shall be collectable by action or distress as a landlord may recover rent in arrear in priority to every claim, privilege, lien or encumbrance of every person except that of His Majesty; and the lien and its priority shall not be lost or impaired by any neglect, omission or error of any officer of the town. 984 TOWNS Cap. 2 1911-13 306. The production of a copy of so much of the roll as relates ^"<^™" to the taxes payable by any person in the town certified as a true copy by the secretary-treasurer shall be prima facie evidence of the debt. 307. In case taxes which are a lien upon land remain unpaid Distress for in the ca^e of a resident of the town for fourteen days after notice um™ given under section 301 hereof or in case of nonresidents for one month after the mailing of the statement provided for by section 302 hereof the secretary-treasurer may levy the same with costs by distress as a landlord may recover rent in arrear either — 1. , Upon the goods or chattels wherever found within the town belonging to or in the possession of the owner or occupant of the land whose name appears on the roll and who is hereinafter called "the person taxed"; or 2. Upon the interest of the person .taxed in any goods found on the land includiag his interest in any goods to the possession of which he is entitled under a contract for purchase or under a contract by which he may become the owner thereof upon performance of any condition; or 3. Upon any goods or chattels wherever found within the town of the owner of the land although the name of such owner does not appear upon the roll; or 4. Upon any goods or chattels on the land where the title to such goods or chattels is claimed in any of the ways following: (a) By virtue of an execution against the person taxed or against the owner though his name does not appear on the roll; or (ft) By purchase, gift, transfer or assignment from the person taxed or from such owner whether absolute or in trust or by way of mortgage or otherwise; or ' (c) By the wife, husband, daughter, son, daughter-in-law or son-in law of the person taxed or of such owner or by any relative of his in case such relative live on the land as a member of the family; or (d) By virtue of any assignment or transfer made for the purpose of defeating distress. 1913 (1st Session), c. 8, s. 18. 308. Where the person taxed or such owner is not in possession, Goods of goods or chattels on the land not belonging to the person taxed °™^°'j5"^ or such owner shall not be subject to seizure; and the possession seizaWe by a tenant of said goods and chattels on the premises shall be sufficient prima facie evidence that they belong to him. 309. No distress shall be made upon the goods or chattels Tenant's of a tenant for any taxes not originally assessed against him*"""** as such tenant. 310. In case taxes which are not a lien on land remain unpaid Distress where in the case of a resident of the town for fourteen days after notice "° "™ given under section 301 hereof or in case of a nonresident for one month after the mailing of the statement and demand provided for by section 302 hereof the town may recover same ^s a debt due to the town or the secretary-treasurer may levy the same with costs by distress as a landlord may recover rent in arrear either — 985 1911-18 Cap. 2 TOWNS 1. Upon the goods or chattels of the person taxed wherever found within the town; or 2. Upon the interest of the person' taxed in any goods to the possession of which he is entitled under a contract for purchase or a contract by which he may or is to become the owner thereof upon the performance of any condition; or 3. Upon the goods or chattels in the possession of the person taxed where title to the same is claimed in any of the ways defined by subclauses (a), (&), (c) of clause 4 of section 307 hereof and with the words "or against the owner though his name does not appear on the roll" and the words "or such owner" and the words "on the land" omitted therefrom. stranger's goods 311. Notwithstanding anything herein contained no goods in the possession of the person liable to pay such taxes for the purpose only of storing or warehousing the same or of selling the same upon coaimission or as agent shall be levied upon or sold for such taxes. Assignee or liquidator Exemptions Selection Anticipatory distress Costs Errors 313. Goods in the hands of an assignee for the benefit of creditors or in the hands of a liquidator under a winding up order shall be liable only for the taxes of the assignor or of the company which is being wound up and for the taxes charged upon the premises in which the said goods were at the time of the assignment or winding up order and thereafter while the assignee or liquidator occupies the premises or while the goods remain thereon. 313. Any goods or chattels exempt by law from seizure under execution shall not be liable to seizure by distress unless they are the property of the person taxed or of the owner though his name does not appear on the roll. 314. The person who claims such exemption shall select and point out the goods or chattels as to which he claims exemption. 315. If at any time after demand has been made or notice given pursuant to sections 301 and 302 hereof and before the expiration of the time for payment of the taxes the secretary- treasurer has reason to believe that any person in whose hands goods or chattels are subject to distress is about to move the goods or chattels out of the town and if he makes afiidavit to that effect before any justice of the peace the justice may issue a warrant to the secretary-treasurer authorizing him to levy for the taxes, costs and expenses in the manner provided by this Act although the time for payment thereof may not have expired and the secretary-treasurer may levy accordingly. 316. The costs chargeable in respect of any distress and levy shall be those payable to baihffs under chapter 34 of The Consolidated Ordinances, 1898, intituled An Ordinance respecting Distress for Rent and Extra Judicial Seizure or any Act passed in amendment or substitution thereof. 317. No defect, error or omission in the form or substance of the notice or statement required by sections 301 and 302 hereof or in the service, transmission or receipt thereof shall invalidate any subsequent proceedings for the recovery of the taxes. 986 TOWNS Cap. 2 1911-13 318. The secretary-treasurer shall by advertisement posted s»'« up in at least three public places in the town near to the distrained / property give at least five days' public notice of the time and place of sale and of the name of the person whose property is to be sold and at the time named in the notice the secretary- treasurer shall sell at public auction the goods or chattels distrained or so much thereof as may be necessary. 319. If the property distrained has been sold for more thangurpiug, the amount of the taxes and costs and if no claim to the surplus ™*™°°* is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus the said surplus shall be returned to the person in whose possession the property was when the distress was made. 330. If the claim is made by the person for whose taxes the Surplus, property was distrained and the claim is admitted the surplus "™*° shall be paid to the claimant. 331. If the claim is contested the surplus shall be retained Contested by the secretary-treasurer until the respective rights of the parties *™ have been determined by action or otherwise. 333. If any of the taxes mentioned in the roll remain unpaid Reasons for on the thirty-first day of December in any year and the secretary- ''°''"°''"®°*'™ treasurer is not able to collect the same he shall show opposite to each assessment the reason why he could not collect the same by inserting in each case the words "nonresident" or "not sufficient property to distrain" or "instructed by council not to collect" or "instructed by council to return not collected," or as the case may be. 333. In the event of any taxes remaining unpaid after the Penalty for thirty-first day of December of the year for which the same are"™''*^™™'^ levied there shall be added thereto by way of penalty a sum equal to five per centum of the amount of taxes remaining unpaid and in the event of any ^ taxes or any part thereof remaining unpaid on the first day of July next following there shall be added thereto by way of penalty an additional sum equal to five per centum of the amount of such taxes at that date remaining unpaid and the same additional sum shall be added thereto in the same manner upon any taxes remaining unpaid half-yearly on the first days of January and July in each year following; and such amount or amounts so added shall form a part of the taxes which by section 305 hereof are created. a special lien upon the land; nothing in this section contained shall be construed to extend the time for payment of the said taxes nor in any way to impair the right of distress or any other remedy which is provided by this Act for the collection of the said taxes. FORFEITURE OF LAND FOR NONPAYMENT OF TAXES. 334. The secretary-treasurer of every town shall during the^^^^ month of January in each year prepare a separate statement enforcement to be known as "The Tax Enforcement Return"; and tKe secretary-treasurer shall enter in such return the following information in the columns provided for the purpose: 987 1911-13 Cap. 2 TOWNS 1. The name and post oflSce address of each person whose name appears on the last revised assessment roll of the town and who has not paid all taxes due by him to the town for the year next preceding the preparation of the said retiunor for any former year; 2. A description of each lot or parcel of land for which each such person is assessed; 3. A statement of the taxes due by each such person on each lot or parcel of land for which he is assessed including the taxes of the next preceding year and showing the years for which all such taxes were levied. Audit of tax 335. When duly prepared as provided in the next preceding retSn™*"* sectiou the secretary-treasurer shall submit the tax enforcement return to the auditor of the town who upon auditing the same and upon being satisfied that the said retm-n is correct shall endorse thereon the following statutory declaration: I, , auditor of the Town of , hereby solemnly declare that I have audited, the above return and that to the best of my knowledge and belief it is correct in every particular. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at ) ^this day of 19 .... j Auditor. A Comr., J. P., or N.P. Return to be jtrima facie evidence 336. The said return as thus verified by the auditor of the town shall for all purposes be prima facie evidence of the validity of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Act have been taken and observed. Treasurer to collect arrears 337. The land shown on the said return shall continue liable to assessment and taxation in the same manner as other lands in the town unless and until they become vested in the town as hereinafter provided and the secretary-treasurer shall continue to collect arrears of taxes due to the town as shown by the said return and all taxes accruing due after such date including any penalties imposed imder the provisions of section 323 hereof and upon receipt of any such payment he shall enter in the return the amount paid followed by his initials and the date of payment. Court of confirmation of the ^aid return 338. On the application of the secretary-treasurer of the town the town solicitor, or some other solicitor ' authorized by the council, the judge may appoint the time and place for holding a court of confirmation of the said returns, notice of which shall be published in every issue of The Alberta Gazette for two months, and once each week for at least eight weeks in such newspaper published in the town, or if there be no news- paper published in the town, in such newspaper circulating therein, as a judge may direct. 988 TOWNS Cap. 2 1911-12 339. A notice of the time and place fixed for the confirmation Notice of _ of such return shall be sent by registered mail by the secretary- o™rt "*""' treasurer of the town at least sixty days prior to the time so fixed to each person, who appears by the records of the land registration district within which the lands he or by the said return to have or claim any interest in the lands mentioned in the said return in respect of which confirmation is desired, and whose post office address is shown by the said records or return; and the entry against such lands in the said return of the date of the mailing of such notice together with the signature or initials of the secretary-treasurer shall without proof of the appointment or signature or initials of the secretary-treasurer be prima fade evidence that the required notice was duly mailed , on the date so entered. Such notice shall be in the following form: In the matter of the Court of Confirmation of the Tax Enforce- ment Return of the Town of Take notice that His Honour Judge , Judge of the District Court of the District of , has appointed the day of , A.D. 19. . . ., at , as the time and place for the holding of the Court of Confirmation to confirm the Tax Enforcement Return of the Town of And further take notice that you appear to have an interest in (here insert the full description of the land mentioned in the said Tax Enforcement Return). Dated at day of A.D. 19.... Secretary-Treasurer of the Town of. . . . 1913 (1st Session), c. 8, s. 19; 1914, c. 7, s. 11. 330. If after the date for confirmation has been fixed as Payment of provided for by section 328 hereof but before the court of con-SeT«d>r firmation has been held any person interested in any parcel «°^^^^'^™ of land contained in the return presented to the judge for confirmation desires to pay the taxes due upon such land as shown by the said return, such person may do so on condition that he pays in addition thereto the amount chargeable against such parcel of land for costs of application to the judge, advertising, postage and all other expenses in connection with such proceedings, and any sum so paid shall form part of the general revenue of the town. 1914, c. 7, s. 12. 331. At the time and place appointed as hereinbefore provided Hearing of the judge shall hear the application and also any objecting parties M^maSon" and the evidence adduced before him under oath and thereupon °*"*™° adjudge and determine whether or not the taxes imposed respec- tively upon each lot or parcel of land included in the tax enforcement return, were either wholly or in part in default and report the adjudication to the secretary-treasurer of the town and shall also confirm the said return as to- those lands on which any taxes are determined to be in arrears naming the amount of such arrears and adding thereto a reasonable amount for the expenses of advertising, postage and other work in connection with the tax enforcement return together with such sums as he may fix for costs of the application; and the effect of such 989 1911-13 Cap. 2 TOWNS Taxes due January 1st Successful opposition to confirmation adjudication when registered as hereinbefore provided shall be to vest in the town the said land free from all liens, mortgages and encimibrances of every nature and kind whatsoever subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudi- cation by the payment to the secretary-treasurer of the town of the amounts named including expenses as aforesaid together with any taxes which may have accrued on the said land since the date of such adjudication including any penalties imposed under the provisions of section 323 hereof. 1913 (1st Session)-, c. 8, s. 20; 1914, c. 7, s. 13. , (2) (Repealed— 19U, c. 7, s. 13.) (3) In the event of any person successfully opposing confirmation of the said return as to the land in which he is inter- ested the judge may order an allowance to him as witness fees to be paid by the town. ad&oitionto W ^ "opy of such adjudication certified by the secretary- be registered treasurer shall be f orewarded by registered mail to the registrar of land titles of the land registration district in which the latfds named in the adjudication or any of them are .situated, and it shall be the duty of the registrar to register the same against the lands therein named. (5) A copy of such adjudication shall also be sent by registered mail to the persons to whom by section 329 hereof notice of the time and place fixed for confirmation of the return is required to be sent and such persons or any of them shall be entitlM to redeem the lands as hereinafter provided. (6) The secretary-treasurer of the town shall after the expir- ation of ten months and before the expiration of eleven months from the date of such adjudication cause to be published in The Alberta Gazette, and also in a newspaper published within the town or if there is no newspaper published within the town in a newspaper circulating therein, a notice stating that the laud named therein has been forfeited for nonpayment of taxes and stating the time at which the period of redemption provided by law will expire and shall also not less than sixty days and not more than ninety days before the time at which the period of redemption provided by law shall expire send a similar notice by registered mail to the persons to whom by section 329 hereof notice of the time and place fixed for confirmation of the return is required to be sent. Such notice shall be in the following form: Take notice that the Tax Enforcement Return of the Town of was confirmed in respect of the herein described lands at the Court of Confirmation held at on the day of 19 and unless such lands are redeemed on or before the day of 19 .... , the same will be absolutely forfeited for nonpayment of taxes. Dated this day of 19 . . . Copy of con&-mation to be sent to all intere.sted persons Publication of notice of forfeitiu-e Secretary-Treasurer of the Town of. 1913 (1st Session), c. 8, s. 20. 990 TOWNS Cap. 2 1911-12 You appear to be interested in the following lands (here insert full description of the lands). The amount required to redeem this parcel is $ , made up as follows: Amount due as shown by tax enforcement return $ Taxes accrued since that date $ Expenses of advertising, etc $ Costs $ Redemption fee $ 1913 (1st Session), c. 8, s. 20. 333. When the taxes on any parcel of land together with Payment of the expenses and redemption fee provided for in section 331 t?eMu5^ after hereof have been paid to the secretary-treasurer within - one ^nfirmation year from the date of the said adjudication the secretary- treasurer shall issue to the person paying the taxes a certificate in the form following verified by an affidavit of attestation in the form following which certificate shall on presentation to the registrar of the land registration district in which the lands named are situated be registered by him free of charge and the said certificate when so registered shall discharge and release the said land from the said adjudication and the effect thereof. 1914, c. 7, s. 15. The Town Ad. Certificate of Redemption. This is to certify that the following lands, viz. as to which any adjudication under the provisions of section 331 of The Town Act bearing date the day of was made by his Honour Judge of the District Court of the Judicial District of in the Province of Alberta, have been, imder the provisions of the said section, redeemed and the said lands are therefore discharged and released from the said adjudication and the effect thereof. Dated at this day of , 19.... Witness: Affidavit of Attestation. Canada: Province of Alberta. To Wit: I, of ■ , in the Province of Alberta, {occupation) make oath and say: 1. That I was personally present and did see . named in the within instrument who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein. 991 1911-13 Cap. 2 TOWNS 2. That the same was executed at the of in the Province of Alberta, and that I am the subscribing witness thereto. Sworn before me at " of in the Province of Alberta this day of , A.D. 19... A J. P., Comr. or N.P. {or as the case may be) lasueof 333. If after the expiration of one year from the da,te of the ouitie**^ said adjudication the taxes which have accrued due to that date both before and after the date of adjudication together with any penalties imposed imder the provisions of section 323 hereof together and the expenses and redemption fee as provided in section 331 hereof have not been paid to the secretary-treasurer the registrar on the written application of the secretary-treasurer shall issue a certificate of title under the provisions of The Land Titles Act in favour of the town freed from all liens, mortgages and encumbrances of every nature and kind whatsoever. Such application shall be .in the following form: The Registrar of Land Registration District: The Town of hereby makes apphcation to be registered as owner of (here insert full description of land). Being land as to which the Tax Enforcement Return of the said town was confirmed at the Court of Confirmation held on the. ; day of 19 .... , and which has not been redeemed. Dated this " day of 19. . . . Secretary-Treasurer of the Town of (b) Every such application shall be accompanied by a statutory declaration by the mayor and secretary-treasurer of the town in the following form: In the matter of The Town Act and in the matter of an appli- cation by the Town of .for the issue of a certificate of title to (here insert full description of the land). I, , the secretary-treasm-er of the Town of , make oath and say — 1. That I have knowledge of the matters hereinafter deposed to. 2. That at the Court of Confirmation held at on the day of , the Tax Enforce- ment Return of the said Town was confirmed in so far as such Tax Enforcement affects these lands. 3. That the notice hereto annexed was, after the expiration of ten months and before the expiration of eleven months published in The Alberta Gazette and was published in the (the newspaper published in the town or having a circulation in the town, as the case may be) . That a similar notice and also a statement showing the amoimt reqtiired to redeem such land was mailed not more than sixty days nor less than thirty days before the expiration of the time 992 TOWNS Cap. 2 1911-13 limited for redemption to each person appearing by the records in the land titles office for this land registration district to have any interest in such land. Sworn before me at in the Province of Alberta the day of 19 . . . 1913 (1st Session), c. 8, s. 21. A Commissioner, etc. 334. Each parcel of land included in a certificate of title Forfeited issued in favour of a town under section 333 hereof shall while ifaUe'f or'' the same is owned by the town be assessed in the name of the °''''°°' ^^"^^ town for all taxes required to be levied as if the same were assessed to an ordinary individual. 1915, c. 15, s. 10. 335. Any lot or parcel of land which becomes the property Forfeited of the town in the manner provided by section 331 hereof maybTsoid*'' subject to the approval of the Minister be sold, leased or otherwise disposed of by the council of the town on such terms and conditions as it may fix. (2) Where any land has bean sold under the provisions of this section any balance remaining after the payment of all taxes, costs, charges, and expenses up to and including the date of such sale shall be paid by the town to the person as against whom such land was forfeited and such person may sue for and recover such amount in any court of competent jurisdiction. 1914, c. 7, s. 16. PAET VII. Miscellaneous, local improvements. r 336. The term "local improvements" shall be taken to interpretation mean — (a) The opening, widening, straightening, extending, grading, levelling, macadamizing, paving or planking of any street or public lane, alley, way or place; or (6) The construction of any sidewalk, bridge, culvert or embankment forming part of a Jiighway; or (c) The curbing, sodding, boulevarding or planting of any street or public lane, alley, square or other pubUc place; or (d) The making, deepening, enlarging or prolonging of any common sewer; or (e) The construction of any conduit for wires or pipes along any roadway, street, lane, alley, square or other public place; or (/), The reconstruction (but not the mere repair and main- tenance) of any of the said works during the originally estimated lifetime thereof; or (g) The repairs and maintenance thereof after the lapse of the origiiially estimated lifetime thereof; or Qi) The erection of firewalls and the acquiring of land neces- sary for the same. 993 1911-13 Cap. 2 TOWNS (2) The term "special frontage assessment" shall be taken to mean a special assessment of the several lands abutting on the street or place whereon or wherein the improvement is to be made according to the mimber of lineal feet measured along the front or other abutting portion of the said several lancte of the total charge to be provided by special frontage assessment, the rate per foot being a imiform and equal rate computed by dividing the total charge to be provided by special frontage assessment on the said lands by the niunber of hneal feet of such lands abutting on the street or place whereon or wherein the local improvement is to be made: Provided that where the street or place whereon or wherein the local improvement is made abuts on several parcels of land some of which appear to call for a smaller or larger proportionate assessment on account of being comer lots or being of different size or shape from the other parcels of land abutting on the local improvement; such exceptional parcels of land may be assessed as having a smaller or larger number of feet abutting thereon than they actually have so that each parcel of land abutting on the local improvement bear a fair, just and eqmtable proportion of the cost of the improvement; and Provided that in case the said system of special frontage assess- ment is adopted in respect of a sewer or a system of sewers and that for the purpose of affording an outlet therefor a sewer is carried along a street or place whereon or wherein it appears that owing to the peculiar position or condition of any lot or lots or parcel or parcels of land fronting or abutting thereon or to the absence of buildings thereon such sewer would not have been carried except as a means of affording an outlet as aforesaid; such lot or lots, parcel or parcels of land shall be exempted from the payment of any special frontage assessment in respect of such sewer either for the whole or a part of the term of the special frontage assessment or from the payment of the whole or a part of the proportionate cost thereof as shall appear|just under the circumstances: Provided that in case of sewers if any land which has not beenj^assessed by way of special frontage assessment for any part of the cost of the sewer is connected therewith there may be assessed against such land the same amount per foot frontage as was assessed against the lands actually abutting on the street or place whereon or wherein the sewer was constructed and the provisions of the next following section shall apply to the assessment so made; and the amount so assessed shall be placed to the credit of the town account relating to sewers; but any land so assessed shall be exempt from special frontage assessment in respect of any sewer constructed on the street or place whereon or wherein such land abuts and the other lands specially assessed in respect of such last mentioned sewer shall not be specially assessed any greater sum on account of such exemption. (3) The term "special local benefit assessment" shall be taken to mean a special assessment of each such parcel of land in the vicinity of the local improvement whether or not such land abuts on the street or place whereon or wherein such local improvement is made as is increased or is likely to be increased in market value^or is otherwise benefited by reason of the 994 TOWNS Cap. 2 1911-13 local improvement being made to the amount of such share of the total charge to be provided by special local benefit assess- ment as bears a fair, just and equitable proportion haviag regard to all other parcels of land benefited by the local improve- ment to such total charge. (4) The term "cost" in relation to a local improvement shall include not merely the cost of the actual work of making the local improvement but also any expenses of engineering, sur- veying, advertising, issuing debentures and other expenses incidental to the entering on, carrying out and completing of the work and raising the money to pay the cost thereof including discounts and inte;rests. 337. The amount assessed against any parcel of land either ^^*^J by way of special frontage assessment or special local benefit and mode of assessment shall be the total siun representing the proportion '"''®''*'°° properly chargeable against such land of the total amount charged in respect of the local improvement against all the lands affected and the several amounts so assessed against the several lands shall with interest at a rate not exceeding six per cent, per annum be spread over the term of the probable lifetime of the local improvement so that the same shall be repayable in consecutive annual instalments in such manner that the aggregate amount payable for principal and interest in any year shall be equal as nearly as may be to what is payable for principal and interest duriag each of the other years of such period and each such annual instalment shall be entered upon the tax roll for the year in which the same is payable and shall be payable in the same manner and collectable by the same methods and shall be subject to the same penalties in case of default of payment as if they formed part of the general town taxes: Provided that the owner of any land so specially assessed may at any time commute the amount or balance remaining unpaid in reject thereof by paying the amount of the original assessment charged against such land together with interest and penalties chargeable in respect thereof less any amounts previously paid on -account thereof. 338. The council may pass by-laws— Procedure (a) For providing the means of ascertaining and finally determining what portion of the cost of a local improve- ment shall be raised by special frontage assessment or by special local benefit assessment and what portion of it, if any, shall be borne by the town at large and in the case of special frontage assessment what lands shall be assessed in an exceptional mode as hereinbefore provided and the mode to be adopted and in the case of special local benefit assessment in what proportions the assessment is to be borne by the several lands affected and of assessing the cost or a portion of the cost, as the case may be, either by way of special frontage assessment or by way of special local benefit assess- ment; and in the case of common sewers and water mains and water service connections heretofore con- structed or hereafter to be constructed what portion 995 1911-13 Cap. 2 TOWNS of the cost thereof shall be raised by uniform frontage assessment and what portion shall be borne by the town at large; and it is hereby declared that a by-law- or by-laws of general application for the said purposes shall be sufficient and it shall not be necessary to pass a special by-law in each particular instance; (b) For borrowing by the issue of debentures upon the credit of the town at large the money required "to meet the whole or any part of the costs of any local improvement provided (1) that by-laws for the purpose of raising money in respect of a local improvement may be passed comprising either the whole or a part of the amount of the entire cost thereof although a portion thereof is to be borne by the town at large and a portion is to be payable by special assessment or comprising the whole or a part of any portion of that part of the cost which is to be borne by the town at large or of that part of the cost which is payable by special assessment; (2) that such debentures shall mature within the probable lifetime of the local improve- ment; (3) that it shall not be necessary to obtain the assent of the ratepayers to the passing of any by-law for raising such portion of the cost of a local improvement as is or is to be levied by special assessment nor of any by-law for raising such portion of the costs as is to be borne by the town at large of an extension of a town system of sewerage originally constructed as a local improvement or of any other local improvement unless in the case of such other local improvement the share of the cost to be borne by the town at large shall be greater than can be properly paid out of the current revenue of the town for the current year or greater than forty per cent, of the cost of such local improvement; and (4) that nothing herein contained shall be construed as authorizing an extension of the general debt of the town beyond the limits thereof fixed by this Act; (c) For borrowing by way of temporary loans within the restrictions aforesaid on the credit of the town at large the whole or any part of the cost of a local improvement provided that section 179 hereof shall not apply to the case of such temporary loans; and it is hereby declared that loans made for the purpose of local improvements to the extent to which the sums are secured by special assessments therefor form no part of the general debt of .the town -within the meaning of this Act and it shall not be necessary to cite the amount of the local improvement debt so secured by special assessment in any by-law for borrow- ing money but it shall be sufficient to state in any such by-law that the amount of the general debt of the town as therein set forth is exclusive of local improvement debts secured by special assessments. Petition 339. No local improvement to be paid for in whole or in or notice p^^,^ j^y gpe^ial frontagc assessment or special local benefit 996 TOWNS Cap. 2 1911-18 assessment shall be undertaken except pursuant to petition or notice as hereinafter provided: (a) Upon receipt of a petition praying for any local improve- ment signed by at least two-thirds in nimiber of the persons registered or assessed as owners of land abutting on the street or place whereon or wherein the improve- ment is to be made or of lands to be benefited by the local improvement, as the case may be, and representing at least one-half in value of such lands excluding improvements thereon, as the same are valued upon the last revised assessment roll the council may take all proper and necessary proceedings for undertaking and completing the local improvement on the special frontage assessment system or special local benefit assessment system, as the case may be, and after the council shall have finally determined to tmdertake the improvement no name shall be removed from such petition; (6) The request of the petition may be acceded to by the cqtmcil of the current or next succeeding year either in respect of the whole or of a part: Provided that part only of the local improvement asked for shall not be made unless the petition is sufl&ciently signed having regard only to the lands abutting on or benefited by, as the case may be, the part of the local improvement which is made. (2) (o) Any local improvement may also be undertaken and the assessment of the cost thereof may be made on either of the systems aforesaid unless the majority of the owners of the lands to be affected representing at least one-half in value thereof as aforesaid petition the council against the same within two weeks after the' last publication of notice of the intention of the council to undertake the local improvement; such notice to be inserted once in each week for two con- secutive weeks in at least one newspaper pubUshed in the town or if there is no newspaper pubhshed therein in any newspaper circulating therein; (6) In the event of any sufficiently signed petition as aforesaid against the proposed local improvement being presented to the council no second notice for the same shall be given by the council within the then current, calendar year; (c) When notice of a proposed local improvement to be paid for by special assessment as a local improvement has been given by the council and no petition sufficiently signed as aforesaid has within the time limited in that behalf been presented to the council against such local improvement or assessment it shall be lawful for the council of the same or the next succeeding year to tmdertake the proposed local improvement. 340. Any local improvement may in the discretion of the Time of council be undertaken either before or after the cost thereof Jl^^ement shall have been ascertained and finally determined as aforesaid 997 1911-13 Cap. 2 TOWNS unless the petition or notice in respect thereof specially provides that the cost shall be first ascertained. Invalid Appeal Notice of assessment Evidence of Quashing Decision of the council 341. If in any case the first assessment for any local improve- ment proves induflSciertt or invalid an additional or new assessment or assessments may fee made imtil sufficient moneys have been reahzed to pay therefor; and if too large a sum has at any time been raised the excess shall be refunded rateably to those by whom it was paid. 348. There shall be rights of appeal against every assess- ment made imder the authority of any by-law passed respecting local improvements in the same manner and by the same procedure as nearly as may be as in the case of an appeal from an ordinary assessment. 343. Notice of every proposed special assessment shall be given by the assessor to each person registered 0(r assessed as owner of any parcel o/ land to be charged thereby either personally or by letter addressed to the last post office address of the owner; and the notice shall set forth — (o) A description in general terms of the local improvement; (6) The probable Itfetime of the local improvement as being the period over which the cost will be spread; (c) The probable or actual cost of the local improvement; (d) The portion, if any, of the cost to be borne by the town at large; (e) The portion of the cost to be provided by special assess- ment and the system of special assessment imder which the special assessment is proposed to be made; (/} The time fixed for the sitting of the council for the hearing of appeals in respect of the special assessment; such sitting not to be earlier than fifteen days from the date of the delivery or mailing of the notices. 344. A memorandum in any proper book or roll kept for that purpose of the service or mailing of such notices and of the date thereof shall be prima fade evidence of the service or mailing of such notices in accordance with the last preceding section on the date mentioned in the memorandum. 345. No assessment imder the provisions of this Act respecting local improvements shall be invalid by reason of any defect in form or in substance in any proceeding upon which such special assessment depends unless an application to quash the same shall have been made in accordance with the provisions of sections 225 and 226 hereof and before the date fixed for the sittings of the court of revision. 346. The decision of the coimcil subject to an appeal to a judge by the like procedure and as in like cases under the pro- visions of this Act shall be final and conclusive upon all matters rest)e(Jting the assessment and special rate and the cbuncil and judge shall resjiectively have power in the event of the assessment of any party being decreased o^ increased on appeal to raise or lower proportionately the assessment of the other parties assessed without any further notice. 998 . TOWNS Cap. 2 1911-13 347. The moneys required to pay the costs of local improve- Contents of ments may be borrowed under the authority of one or more/'*" by-laws; and the portion payable by way of special assessment and the portion to be borne by the town at large may be provided for in one or more separate by-laws; and every by-law providing for the raising of that portion of the cost which is payable by way of special assessment or of any part thereof shall state by recital or otherwise — 1. The amount of the debt which such by-law is intended to create and in general terms the object for which it is to be created; 2. The total amount required to be raised annually for paying the debt and interest under the by-law and whether the whole or if not what portion thereof is payable by way of special assessment and the system of special assessment applicable; 3. The total value of the land charged with the special assess- ment and if any portion of the debt created by such by-law is to be borne by the town at large the value of the whole rateable property of the town according to the last revised assessment roll; 4. That the debt is cbntracted on the credit and security of the town at large but as to so much as is nqt to be paid by the town at large the town is to collect the same only by way of special assessment as aforesaid. PART VIII. Highways and Public Places and Actions by and Against the Town. highways and public places. 348.' All public roads, streets, bridges, highways, lanes, alleys, within squares or other public places in a town shall be vested in and*^®*°™ subject to the direction, management and control of the coimcil for the public use of the town but always subject to the right of the province to utilize the same for or in connection with any public work of the province. 349. The Lieutenant Governor in Council may direct that^ithout any highway, bridge or stream not wholly within the town limits ^ *°'™ or any part of such highway, bridge or stream shall be subject to the direction, management and control of the council for the public use of the town. 350. Every public road, street, bridge, highway, square. Repairs alley or other public place subject to the direction, manage- ment and control of the council including all crossings, sewers, culverts and approaches, grades, sidewalks and other works made or done therein or thereon by the town or by any person with the permission of the council shall be kept in repair by the town and on default of the town so to keep the same in repair the town besides being subject to any penalty provided by law shall be liable for all damage sustained by any person by reason of such default. 999 1911-13 Cap. 2 TOWNS (2) No action shall be brought under the provisions of this section except within six months from the date on which the cause of action arose and unless notice in writing of the accident shall be mailed to or served upon the secretary-treasurer of the town within one month after the date on which the cause of action arose: Provided that in the case of the death of the person injured or if the court or the judge before whom the action is tried considers that there is reasonable excuse for the want or insuffi- ciency of such notice and that the defendants have not been prejudiced by such defence the want of notice required imder this section shall be no bar to the maintenance of this action. Private dedication 351. The last preceding section shall not apply to any road, street, bridge, alley or square, crossing, sewer, culvert, side- walk or other work made or laid Out by any private person until the same has been established as a public work by by-law or has been assumed for public use by the council. Town's remedy over in action of damages 353. In case an action is brought against the town to recover damages sustained by reason of any obstruction, excavation or opening in or near to a public highway, street, bridge, alley, square or other public place placed, made, left or maintained by any person other than a servant or agent of the town or to recover damages sustained by reason of any negligent or wrongful act or omission of any person other than a servant or agent of the town, the town shaU have a remedy over against the other person for and may enforce payment accordingly of the damages and costs, if any, which the plaintiff in the action may recover against the toWn. In same action 353. The town shall be entitled to such remedy over in the same action if the other party is made a party to the action; and if it is established in the action as against the other person that the damages were sustained by reason of an obstruction, excavation or opening as aforesaid placed, made, left or main- tained by such other person the town may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the town); and the other person may defend such action as well against the plaintiff's claim as against the claim of the town to a remedy over; and the judge upon the trial of the action may order costs to be paid by or to any of the parties thereto or in respect of any claim set up therein as in other cases. In separate action 354. If such other person be not a party defendant in such action or be not added as a party defendant or third party or if the town has paid the claims for such damages before any action is brought to recover the same or before the recovery of damages or costs against the town therein the town shall have a remedy over by action against such other person for such damages and costs as have been sustained by reason of any obstruction, excavation or opening] placed, made, le^t or main- tained as -aforesaid. 1000 TOWNS Cap. 2 1911-13 355. Such other person shall be deemed to admit the validity Admission ot of the judgment if any obtained against such town in casesn^lufy'^''^ only where a notice has been served on such person pursuant to the provisions of The Judicature Ordinance or of any rules of court made thereunder or where such other person has admitted or is estopped from denying the vaUdity of such judgment. 356. Where no such notice has been senjed and there has Nonadmission been no such admission or estoppel and the other person has°*"*'*'^*^ not been made a party defendant or third party to the action against the town or when damages have been paid without action or without recovery of judgment against the town the liabiUty of the town for such damages and the fact that the damages were sustained by reason of an obstruction, excavation or opening placed, made, left or maintained by the other person must be established in the action against such other person in order to entitle the town to recover in such action. 357. Where the town and an adjacent city, town, village, joint uabiuty rural municipality or local improvement district are jointly liable for the nonrepair of a public road, bridge, street or other highway there shall be contribution between them as to the damages sustained by any person by reason of their default in keeping the same in repair; and any action brought by any such person shall be brought against all of such municipalities jointly and any defendant therein may require that the pro- portions in which any damages and costs recovered in the action are to be borne between them shall be determined therein and in settUng such proportions either in the action or otherwise regard shall be had to the extent in which each mimicipality was responsible either primarily or otherwise for the act or omission for which the damages have become payable or are recovered and the damages and costs shall be apportioned between them accordingly. 358. Nothing contained in sections 350 or 351 hereof shall ij™tajg™ cast upon the town any obligation or liability in respect of acts" ^ done or omitted to be done by other persons acting in the exercise of powers or authorities conferred upon them by law and over whidh the town has no Control where the town is not a party to such acts or omissions and where the authority under which such persons have acted or shall act is not a by-law, order, resolution or license of the council. 359. Where an action may be brought against the town by no liability any person who has suffered damages by reason of the default ""o^'^of of the town in keeping in proper repair any pubUc road, street, *°™ bridge, highway, square, alley or other pubUc place no action shall be brought in respect of such damage against any member of the coimcil or officer or employee thereof personally but the remedy thereof shall be wholly against the town. (2) This section shall not affect the UabiUty of a mere con- tractor with the town nor of any officer or employee of any such contractor by reason of whose act or neglect the damage was caused. 1001 1911-18 Cap. 2 TOWNS ACTIONS BY AND AGAINST TOWN. Rights as in proceedings 360. Where duties, obligations or liabilities are imposed by law upon any person, company or corporation or where contracts or agreements are or have heretofore been created, enacted or validated by any statutes imposing such duties, obligations or liabilities the town shall have the right by action to enforce' such duties or obligations and the payment of such liabiUties and to obtain as. complete and full rehef and to enforce the same remedies as could have been maintained, obtained and enforced therein by the Attorney General had he been a party to the said action as plaintiff or as plaintiff upon the relation of any person interested. Notice of action in certain cases 361. In case a by-law, order or resolution is illegal in whole or in part or in case anything has been done under it which by reason of such illegality gives any person a right of action no such action shall be brought until one month has elapsed after the by-laWj order or resolution has been quashed or repealed nor until one month's notice in writing of the intention to bring the action has been given to the town; and every such action shall be brought against the town alone and not against any person acting under the by-law or resolution. Tendwof 363. In casc the town tender amends to the plaintiff or his '™*° solicitor if such tender is pleaded and if traversed proved and no more than the amount tendered is recovered the plaintiff shall have no costs but costs shall be taxed to the defendant on such scale as the presiding judge may direct and shall be set off against the amount recovered and the balance due to either party may be recovered as in ordinary cases. (2) The council of any town upon any claim being made or action brought for damages for alleged negligence on Hie siierifl'a iiands p^j.^ Qf ^j^g ^owu may tender or pay into court (as the case may be) such amount as they may consider proper compensation for the damage sustained; and in the event of the nonacceptance by the claimant of such tender or of the amoXmt paid into court, and of the action being proceeded with, and no greater amount being recovered than the amoimt so tendered or paid into court, the costs of the suit shall be awarded to the defendants, and set off against any amount recovered against them. Procedure on writs of execution in EXECUTIONS AGAINST TOWNS. Copy writ to be delivered to secretary- treasurer Demands for payment Execution rate 363. Any writ of execution against a town may be endorsed with the direction to the sheriff of the judicial district in which the town is situate to levy the amoimt thereof by^ rate and the proceedings thereon shall be as follows;-, " 1. The sheriff shall deUver a copy of the writ and endorse- ment to the secretary-treasurer of the town with a statement in writing of the amount required to satisfy such execution including the amount of interest thereon and sherLEf's fees and demand the payment of the same; 2. In case the amount demanded is not paid to the sheriff within thirty days after such delivery the sheriff shall examine the assessment roll of the town and shall in like manner as rates 1002 TOWNS Cap. 2 1911-12 are struck for general town purposes strike a rate suflEicient in the dollar to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees and the collector's percentage up to the time when such rate will probably be available; ' 3. The sheriff shall thereupon issue a precept or precepts sherUf's under his hand and seal of office directed to the secretary-treasurer seoreS^- of the town and shall annex thereto the roll of such rate and*"'*""^"' shall by such precept after reciting the writ and that the cor- poration had neglected to satisfy the same and referring to the roll annexed to the precept command the secretary-treasurer to levy such rate at the time and in the manner by law required in respect to the general annual rates; 4. At the time for levying the annual rates next after theLevy'of receipt of such precept the secretary-treasurer shall add a column °''* ™** to the tax roll headed: "Execution rate in A.B. versus the town of {as the case may he) " adding a similar column if there are more executions than one and shall insert therein the amount by such precept or precepts to be levied upon each person respectively and shall levy the amount of such execution rate aforesaid and shall within the time that he is required to make the returns of the general annual rate return to the sheriff the precept or precepts with the amount levied thereon deducting his percentage; 5. The sheriff shall, after satisfying the execution and all^"^'"" fees thereon return any smrplus within ten days after receiving the same to the secretary-treasurer for the general purposes of the town; .6. In case the secretary-treasurer of any town against which ^="=*^- an execution has issued is not paid by percentage fixed by by-law pw^tegl of the town he shall be paid for such collections a sum not exceeding two and one-half per centimi. 364. The secretary-treasiu-er and assessor shall for the pmTJoses?^"^'*^- j? • 'J rt»i .11" .,. .. V f™ treasurer of carrying mto effect or permittmg or assistmg the sheriff toandaaa carry into effect the provisions of this Act with respect to suchofo'^ execution be deemed to be officers of the court from which such writ issued and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. PART IX. Penalties. 365. Any ' person who shall either directly or indirectly, Settmg sres personally or through any servant, employee or agent — '^thmtown (a) Kindle a fire and let it run at large on any land not his own property; (&) Permit any fire to pass from his. own land; or (c) Allow any fire under his charge, custody or control or imder the charge, custody or control of any servant, employee or agent to run at large; shall be guilty of an offence and shall on summary conviction Penalty thereof be liable to a penalty of not less than $25 and not more 1003 1911-13 Cap. 2 TOWNS App) of fii than $200 and in addition to such penalty shall be liable to civil action for damages at the suit of any person whose property has been injured or destroyed by any such fire. AppUcation 366. Any penalty or fine under any by-law of the town shall if no other provision is made respecting it belong to the town ", ;'v;for the public use of the same and form part of the general revenue - of the town. (2) In the event of any person being committed to gaol by reason of a breach of any by-law of the town there shall be chargeable to such town such part of the expenses paid, by the province for the transport of such person to gaol and for his maintenance while there as may be designated by the Lieutenant Governor in Council. Transportation and maintenain^e of prisoners Amount of penalty, etc. Recovery of penalties 367. The couhcil may by any by-law — 1. Impose a penalty not exceeding $100 exclusive of costs for breach of any provision of any by-law and provide for reason- able punishment by imprisonment, with or without hard labour, in the nearest common gaol for any period not exceeding sixty days in case of nonpayment of the fine and costs inflicted for any such breach imless such fine and costs, including the costs of committal, are sooner paid. 1913 (2nd Session), c. 22, s. 17. 2. Enact that in case the conviction be for the nonpayment of any license fee payable to the town under the provisions of any by-law of the town the convicting justice may adjudge payment thereof in addition to the penalty. 368. Any such penalty and license fee or any other penalty imposed under the provisions of this Act may unless any other provision is specially made in respect thereof be recovered and enforced with costs on summary conviction before a justice of the peace. (2) Any secretary-treasurer, or other officer of the town, who refuses, neglects or fails to discharge the duties of his office, or who knowingly signs any false statement, report or return required by this Act, or any other enactment in force in the province, or who refuses or neglects to hand over to his successor in office, or such persons as may be designated in writing to him by the coimcil or by the Minister, all moneys, books, papers and other property of the town in his possession, in addition to any civil liability which he may incur shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $100.00. 1913 (2nd Session), c. 22, s. 18. PART X. Miscellaneous. Inquiry by government GOVERNMENTAL COMMISSION OF INQUIRY. 369. In case one-third of the members of the council or one-fourth_ of the electors of the town petition the Lieutenant Governor in Council for a commission to issue under the great seal to inquire into the financial affairs of the town the Lieutenant 1004 TOWNS Cap. 2 1911-lS Governor in Council may issue a commission accordingly; and the commissioner or commissioners shall have all the powers of commissioners appointed imder chapter 2 of the Statutes of 1908 intituled An Act respecting Inquiries Concerning Public Matters or any Act passed in amendment or substitution thereof. JUDICIAL COMMISSION OF INQUIRY. 370. In case the council pass a resolution requesting a judge inquiry by of the Supreme Court or of the District Court of the judicial'" ^* district in which the town is wholly or mainly situated to investigate any matter mentioned in the resolution and relating to an alleged malfeasance, breach of trust or other misconduct on the part of any member of the council or commissioner or other officer, servant or agent of the town or of any person having a contract therewith in relation to the duties or obligations of such person to the town or in case the council see fit to cause inquiry to be made into or concerning anyimatter connected with the good government of the town or the conduct of any part of the pubUc business thereof and pass a resolution requesting a judge to make inquiry, the judge shall inquire into the same and thereupon he shall for that purpose have all the powers which may be conferred upon commissioners under chapter 2 of the Statutes of 1908, intituled An Act respecting Inquiries Concerning Public Matters or any Act passed in amendment or substitution thereof; and the judge shall with all convenient speed report to the council the result of the inquiry and the evidence taken thereon. (2) The judge holding such investigation shall be entitled to receive and shall be paid the same fees as he would be entitled to receive if acting as an arbitrator under section 238 hereof. (3) The coimcil requesting any such investigation may engage and pay counsel to represent the town therein and may pay all proper witness fees to persons summoned to give evidence at the instance of the town; and any person charged with mal- feasance, breach of trust or other misconduct or whose conduct is called in question on such investigation may be represented by coimsel thereon. 371. The council may at any time by resolution appoint investigation a committee of its members to investigate any charge which ouhe'^^d? may be made against any employee of the town and the com- mittee so appointed may summons such employee before it to answer the charge and shall have power to summons witnesses and to take evidence tmder oath and may pay all proper witness fees to persons summoned to give evidence and the committee shall report the result of its inquiry to the council. 1005 Short title Interpretation Minister Municipality Council Reeve Councillor Resident elector before completion of voters' list Resident elector after completion of voters* list Occupant's right to vote 1911-12 CHAPTER 3. An Act respecting Rural Municipalities. (Assented to February 16, 1912.) UIS MAJESTY, by and with the advice and consent of the ■*■ ^ Legislative Assembly of the Province of Albertaj enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Rural Municipality Act." INTEBPBETATION. 3. In this Act unless the context otherwise requires the expression — 1. "Minister" means the Minister of Mimicipal Affairs for Alberta; 2. "Mimicipality" means any nlral municipality established under the provisions of this Act; • 3. "Council" means the council of a rural municipality; 4. "Reeve" means the reeve of a rural municipahty; 5. "Councillor" means a member of the council of a rural municipality; 6. "Resident elector" means — (a) For the purpose of any mimicipal or other election provided by this Act held prior to the completion of the first municipal voters' list or the organization of a municipality any person, male or female, of the full age of twenty-one years who is actually residing in the mimicipality or proposed mimicipality, as the case may be, and who has so resided therein and owned or been the occupant of assessable land therein as provided by this Act for a period of at least two months immediately prior to the date of such election; (&) After the completion of the first municipal voters' list any person, male or female, of the full age of twenty- one year's actually residing in the municipality whose name appears on the mimicipal voters' list and who has paid all taxes due by him to the mimicipality up to the 31st day of December last but one preceding: 1914, c. 9, s. 1. Provided that in no case shall the owner of land occupied by some person other than .such owner be deemed to be a resident elector unless the area of such land exceeds three hundred acres in which case the owner if an actual resident of the municipahty as well as the occupant shall be deemed to be a resident elector; Provided also that any elector otherwise qualified who resides in a village, tpwn or rural municipahty 1006 : , RURAL MUNICIPALITIES Cap. 3 1911-13 . ., which is within or adjoins at some point to the said municipality and who has actually cultivated 80 acres of the land in the municipality owned by him, during the current year, shall be deemed to be a resident elector. 1914, c. 9, s. 1. 7. "Elector" means any person, male or female, of the full ^""^ age of twenty-one years whose name appears on the municipal voters' list as the owner of assessable land in the municipality and who has paid all taxes due by him to the municipality up to the thirty-first day of December last but one preceding in respect of such lands. 1914, c. 9, s. 1. 8. "Owner" means and includes any person who appears o™" by the records of the land titles office for the land registration district within which such land is situated, to have any right, title or interest in the land within the limits of the mxmicipality other than that of a mortgagee or encumbrancee, not exempt from taxation; 1913 (1), c. 7, s. 1,. 9. "Occupant" includes the inhabitant occupier, or if there occupant be no inhabitant occupier the person entitled to an absolute or limited possession; any person holding under a lease, license, permit or agreement therefor; any person holding under an agreement of sale or any title whatsoever, and any person having or enjoy- ing in any way or to any degree or for any purpose whatsoever, the use, of land exempt from taxation; 1913 (1), c. 7, s. 1. 10. "Person" includes corporations, joint stock companies hereon and partnerships; 11. "Secretary" means the secretary or the secretary-treasurer Secretary of the municipality; 12. "Treasurer" meanis the treasurer or the secretary-treasurer''-''®*""" of the municipality; 13. "Assessor" means the assessor of the municipality; Asaessor 14. "The municipal voters' list" means the voters' list of^^^^^t the municipality as finally revised; 15. "Land" or "property" includes lands, tenements and^"""^ hereditaments and any estate or interest therein; and for the purpose of assessment and of taxation only, "land" means land or any estate or interest therein exclusive of the value of the buildings or other improvements thereon. 1913 (1), c. 7, s. 1. 15a. "Improvements" means any buildings, or any other ^"p™^*™™*" increase in the value of land caused by any expenditure of either labour or capital thereon; 1913 (1), c. 7, s. 1. 16. "PubUc work" includes lands, streams, water courses and' " "'"" property real and personal acquired for public works, dams or dugouts erected or made for the storage of water, roads, culverts,, bridges, ferries, ditches, . sidewalks, wells, drains and public buildings and all improvements, alterations and additions made to any such pubhc work; 17. "Felony" means any indictable offence which since" the ^®'°"y passing of The Criminal Code is punishable with death or imprison- ment for a period of five years or over; 18. "Misdemeanour" means any indictable offence for which '^''^^°" under The Criminal Code the penalty is imprisonment for a term of less than five years; 19. "Hawker" or "pedlar" means and includes any person ?^^" ^""^ who, whether as principal or agent, goes from house to house, " selling or offering for sale goo(£, wares or merchandise to any person, not being a wholesale or retail dealer in such goods, wares 1007 1911-13 Cap. 3 BUBAL MUNICIPALITIES Traneient trader or merchandise or offers or exposes to any person not being a wholesale dealer in such goods, wares or merchandise samples or patterns of any goods, wares or merchandise to be afterwards delivered in the municipality but shall not mean or include any person selling meat, fruit, fish, agricultural implements, sowing machines or farm produce by retail. 1913 (1), c. 7, s. 1. (2) "Transient trader" means and includes any persoli who occupies premises in the municipality who offers goods, wares or merchandise for sale, either personally or through a licensed auctioneer or other agent or servant, whose name has not been entered on the last revised assessment roll of the municipality or who has not before he offers such goods, wares or merchandise for sale as aforesaid resided continuously in the village for a period of three months next preceding the date at which he offers such goods, wares or merchandise for sale. 1913(1), c. 7, s. 1. 20. "Crop" for the purposes of the sections ot this Act relating to hail insurance means any grain, cereal, cultivated grass, or clover grown for hay, growing on any land. 1913 (2), c. 21, s. 1; 1914, c. 9, s. 1. 3. Wheresoever the word "herein" is used in any section of this Act it shall be understood to relate to the whole Act and not to that section only. fromlforms 4. Where forms are prescribed a,ny deviation theSrefrom not affecting the substance nor calculated to mislead shall not vitiate the same and forms to the like effect shall suffice. Crop Definition of "herein" OTrevoke*'*^' ^' Where power to make by-laws, regulations, rules or orders by-laws is Conferred it shall indude the power to alter or revoke the same from time to time except where by-laws are made for the purpose of raising money, levying assessments or striking rates. Extension of time Extension of time by order of Minister Area of municipality 6. Where in this Act a certain date is fixed on or by which certain things are to be done or proceedings had or taken and if it appears that such date was fixed having regard to an earUer date fixed on or by which certain things are to be done or pro- ceedings had or taken then notwithstanding anything herein contained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. 7. If anything to be done by o* under this Act at or within a fixed time cannot be or is not so done the Minister may by order from time to time appoint a further or Oither time for doing the same whether the time within which the same ought to have been done has or has not expired. (2) Anything done within the time prescribed by such order shall be as valid as if it had been done within the time fixed by or under under this Act. PART I. Municipal Oeganization. 'aeea and boundabies of municipalities. 8. Every municipahty shall in so far as the same is piractic- able comprise an area of eighteen miles square or three hundred 1008 BUBAL MUNICIPALITIES Cap. 3 1911-13 and twenty-four square miles and all municipalities shall be laid out on a xmiform plan as nearly as the conditions of the system of Dominion land survey and the physical features of the province will allow: Provided, however, that in any case where the organization of a municipaUty containing such area or laid out on such uniform plan is impracticable by reason of the physical features of the land sought to be included therein or from any other caluse, the Minister may permit the organization of a municipality contain- ing such less area or laid out on such other plan, as the case may be, as he shall think fit. 1914, c. 9, s. 2. 9. Prior, to the organization of any rural mtmicipality under Map of the provisions of this Act the Minister shall prepare a map of""^'^"''''*'* the province on which shall be outlined the area and boundaries of municipalities to be hereafter organized under the provisions of this Act and such boundaries shall be fixed as provided in the next preceding section commencing at the south-eastern comer of the province. On every such map shall be outlined, the area and boundaries of six divisions of as nearly equal area as may be into which the municipality shall be divided in the event of a vote of the resident electors being in favour of such division as hereinafter provided. 1913 (1), c. 7, s. 2. 10. No city, town or incorporated village, nor any portion cities, towns thereof, shall be deemed for the purpose of this Act to be included S^t^iu^ed within the limits of any municipality to be hereafter organized thereunder. 11. The map thus prepared shall at all reasonable hours be Map open to open to inspection and the boimdaries of every mimicipality'™P'"'*'°° petitioned for shall subject to such variations as may be approved by the Minister correspond with those indicated on the said map. OBGANIZATION' OF A MUNICIPALITY. 13. Whenever the residents of any portion of the province AppUoatjon which has not been constituted a small local improvement district, '" p^*"*""" deem it advisable to take steps to organize a municipality in their neighbourhood they shall apply to the Minister for a form of petition and for a plan showing the boundaries of the pro- posed municipality as indicated on the map referred to in section 9 hereof. 1913 (2), c. 21, s. 2. (2) No such application received by the Minister in any year when acted shall be acted upon by him unless it is received before the first""™ day of August in such year. 13. No portion of the province shall be organized as a muni- Number of cipality unless it contains actually resident therein a population^™' ™ in proportion of one person to each square mile of the area of the proposed municipality. 14. Every petition for the organization of a municipality Petition for shall be in such form as is prescribed by the Minister and shall "^°'°^°'*'°° be signed by at least six resident electors of each township within the area of the proposed municipality; provided, however, that 1009 1911-13 Cap. 3 HXJBAL MUNICIPALITIES Witness to signatures Final date for necesaary petitions Minister to ' declare muni- cip&Iity organized Date order takes effect Municipal conunittee Organization . of local improvement district into rural municipality in any township where there are only ten residents or less it shall only be necessary for the petition to be signed by one-fifth of the resident electors. 1913 (2), c. 21, s. 3. 15. Such petition may be divided into separate pages, every signature on each page shall be witnessed by a resident elector of the proposed municipality. 1913 (1), c. 7; s. 2; 1913 (2), c. 21, s. 3. 16. No action shall be taken by the Minister on any such petition received by him later than the 10th day of November in any year. 1913 (1), c. 7, s. 2; 1913 (2), c. 21, s. 3. 17. Upon receipt of the petition provided for by sections 14 and 15 hereof and upon being satisfied that the provisions of the Act have been substantially complied with the Minister shall by written order declare the municipality to be organized and assign to it a name and number. 1913 (2), c. 21, s 3. 18. Such order shall take effect only on, from and after the second Monday in December next following the date of such order. 1913 (2), c. 21, s. 3. 19. The Minister shall immediately after making out the order provided for in the preceding sections, appoint a committee consisting of five of the resident electors who signed the petition for organization to be known as the municipal committee. 1913 (1)', c. 7, s. 2; 1913 (2), c. 21, s. 3. 30. Any small local improvement district which has been organ- ized for twelve months may become a rural municipality on the receipt of a petition praying for such organization; such petition to be signed by at least fifty per cent, of the number of voters who voted at the last election for councillors in the local improve- ment district: Provided that such petition must be signed by at least six resident electors of each township withia the area of the proposed municipality; provided, however, that in any township where there are only ten residents or less it shall only be necessary for the petition to be signed by one-fifth of the resident electors. 1913 (2), c. 21, s. 4. (2) The petition shall be in such form as is prescribed by the Minister, and shall be certified as correct by the chairman and secretary-treasurer of the local improvement district so desiring to be organized as a rural municipality. Such petition may be divided into separate pages, every signature on each page shall be witnessed in writing by an elector of the district. 1913 (2), c. 21, s. 4. (3) No action shall be taken by the Minister on any such petition received by him later than the 10th day of November in any year. 1913 (2), c. 21, s. 4. (4) Upon receipt of the petition required by subsection (2) hereof, and upon being satisfied that the provisions of the Act have been substantially complied with, the Minister shall by written order declare the municipality to be organized, assign to it a name and number, divide the municipality into divisions and assign to each division a number. 1913 (2), c. 21, s. 4. (5) Such order shall take effect only on, from and after the second Monday in December next following the date of such order. 1913 (2), c. 21, s. 4. 1010 RURAL MtJKICIPALITIES Cap. 3 1911-13 (6) Notice of such order shall be sent to the secretary-treasurer of the local improvement district. 1913 (2), c. 21, s. 4. (7) In the case of any municipality declared to be organized as herein provided the council of the local improvement district shall have and exercise all the duties and powers of the municipal committee. 1913 (2), c. ^1, s. 4. 31. Notwithstanding anything contained herein to the con- trary, the Minister may by written order declare any portion of the province not within the boundaries of a city, "town, or village, which has or has not been constituted a small local improve- ment district, a duly organized mimicipality and assign to it a name and number. Such order shall fix a date from which it is to take efiect. Upon the making of such order the Minister shall appoint a committee consisting of five resident electors as the municipal committee. 1913 (1), c. 7, s. 5; 1914, c. 9, s. 3. 32 to 34 {Repealed— 1913 (2), c. 21, s. 5.) 35. Notice of the organization of a municipality giving its^°^°[j„^ name and nxmiber and a description of its boundaries shall ijg'"^*™'* published in The Alberta Gazette and such notice shall be con- clusive evidence of the organization of the municipality as of the date provided by the preceding sections and that all the necessary formalities required by tHs Act have been complied with. 1913 (2), c. 21, s. 6. 36 and 37 (Repealed— 1913 (2), c. 21, s. 7.) ALTERATIONS IN BOUNDARIES OF MUNICIPALITIES. 38. The Minister may by order, notice of which shall be Alteration of published in The Alberta Gazette— of m,^? 1. Sever any portion of a mxinicipality and annex the same""^*^" to any adjoining municipaUty; 2. Annex to any municipality any outlying area hereafter adjacent to but not included within the limits of any munici- pality; _ _ - 3. Alter and adjust the boundaries of two or more coterminous or adjacent municipalities; 4. Withdraw from any municipality any area hereafter established as a village under the provisions of The Village Act, being chapter 10 of the Statutes of Alberta, 1907, or any Act passed in amendment or substitution thereof; 5. Alter and adjust the boimdary of the divisions of the tounicipality. 1913 (1), c. 7, s. 9. 39. In the event of the boimdaries or area of any municipality Adjustment being altered or changed in any manner as provided in the nextinSlfS' preceding section the Minister shall subject to the approval of ^^J^^^^ the Lieutenant Governor in Council have power to make due provision for the settlement and adjustment of all matters arising out of such alteration or change including the disposition of the assets and habihties of the municipalities affected and every decision of the Minister approved as aforesaid with respect to any such settlement and adjustment shall be final and binding on all parties concerned. 1011 1911-13 Cap. 3 BTJBAL MUNICIPALITIES MISDESCRIPTION AND ERBOES IN DEFINING BOUNDARIES. bound^cs ^' ^'^ Older purporting to be made under sections 34 or 38 of this Act shall -be deemed invalid on account of any noncom- pliance with any of the provisions of said Act as preliminary to such order; and no misnomer, misdescription or omission in any such order shall in any manner suspend or impair the operation of this . Act with respect to the matter misnamed, misdescribed or omitted. S°ewOTs°° ^^' -^^ misnomer, misdescription, omission, or other error in any order made by the Minister under the provisions of this Act may by any subsequent order be corrected and confirmed by the Minister as of the date of the original order. Boundary lines BOUNDAEY LINES OF MUNICIPALITIES. 43. For the purposes of this Act whenever any mimicipality is wholly or in part described as comprising certain townships, parts of townships or sections in accordance with the system of Dominion lands survey the boimdary lines of such municipality except as varied by the description given in the notice required by section 35 hereof shall be the posted side of the road allowance between adjoining sections or townships except in the case of correction lines where the south side of the road allowance shall be the boundary. (2) Any road allowance between an Indian reserve and a municipality shall be deemed to be in the municipality not- withstanding anything herein to the contrary. Dieorgan- ization DISORGANIZATI.ON OF MUNICIPALITY. 43. The Lieutenant Governor in Council may by order, notice of which shall be published in The Alberta Gazette, declare that on and after a day therein to be named any municipality shall be disorganized and thereupon the same and the council thereof shall cease to exercise any of the rights, powers or privileges vested in such corporations by this Act; and upon any such disorganization of a municipality the Minister may appoint one or more persons to adjust and settle the assets and liabilities of such municipality; and such person or persons so appointed shall have, subject to the approval of the Minister, full power and authority to sell, dispose of and convert into money all the assets and property of such municipality and apply the same so far as the same will extend, first in payment of the liabilities of the said municipality and second in payment of his or their remuneration as hereinafter mentioned; and the surplus, if any, the Minister shall cause to be expended within the area of the municipality disorganized; and in case the amount so realized shall be insufficient to pay and satisfy the fiabifities of the said municipaUty and his or their remuneration then such person or persons shall have full power and authority to assess, levy, collect and enforce payment of such siun or sums of money as may be required to pay and satisfy such indebtedness or any balance thereof remaining unpaid and all expenses connected therewith iijcluding his or their remuneration which shall be feed by the Minister in the same manner as a council and its officers are authorized to do by this Act. 1012 EUKAIi MUNICIPALITIES Cap. 3 1911-13 HAMLETS. 44. If at the time of the organization of a municipality there Or|a^a,tion is comprised within its limits any area of land which has been" * ^ subdivided into building lots or as a townsite and a plan of which has been registered in the land titles office of the land registra- tion district in which it is situated such area shall be known as a hamlet and it shall be under the control of the council of such municipality. 45. Subsequent to the organization of a municipality the Org^zation registration of any plan as aforesaid shall at once create the area described in such plan a hamlet which shall be imder the control of the council of the municipality in which it is situated. 46. The property in every hamlet shall be subject to assess- Half amount ment and taxation by the municipality in the manner hereafter haSto'be provided and the council shall each year cause at least one-half ^p™' therein of the amount of the taxes estimated to be collected within such hamlet for municipal purposes to be expended in public works within the hamlet, if requested so to do by a majority of the owners of lands therein as shown by the last revised assessment roll. PART II. Municipal Council. constitution of council. 47. The council of every municipality shall consist of six constitution councillors, such councillors shall be elected by the general vote of council of the resident electors of the mimicipality or one councillor shall be elected from each division according as the electors of the municipality have determined upon the organization of such municipality. 1913 (1), c. 7, s. 10. 48. The council of any mimicipality may at any time by coundi may by-law alter the maimer in which councillors are elected in the ^^Jf °J^^ '"^ municipality so as to provide for one councillor being elected from each division instead of by the general vote of the resident electors or to provide for election by the general vote of the resi- dent electors instead of by divisions. Such by-law before coming into force shall be submitted to the resident electors of the muni- cipality and shall receive the approval of two-thirds of the number of such resident electors voting thereon according to the procedure herein prescribed for votiug on debenture by-laws: Provided that the council of any municipality, which has passed such a by-law, may at any time after the expiration of two years from the date of the passing thereof by by-law passed in the same manner and approved by the same majority of resident electors, revert to the former method of election. 1913 (1), c. 7, s. 11. (2) The provisions of this Act in regard to the election of councillors by a general vote of the resident electors of the muni- pality shall mutatis mutandis apply to the election of coimcillors from divisions as aforesaid and the Minister shall have power, 1013 1911-13 Cap. 3 EUBAL MUNICIPALITIES from time to time, to make such regulations, not inconsistent with such provisions as he may deem expedient for the conduct of such election. 1913 (2), c. 21, s. 8. Tenn'of 49. Every cotmcillor shall hold office for one year. OATHS OF OFFICE. Form of oath of office 50. Every member of the coimcil and every officer of the municipality shall before entering upon the duties of his office make and subscribe a declaration of office, to the following effect: "I, A.B., do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office (insert the name of the office), to which I have been elected (or appointed, as the case may be) in this municipality, and that I have not received any payment or remimeration or promise thereof for the exercise of any partiality, abuse or undue execution of the said office, and that I have not by myself or partner either directly or indirectly any interest in any contract with or on behalf of the said municipality {here insert if such is the case, except that arising out of the contract for the publication of an advertisement in [here insert name of newspaper] a public newspaper), save and excepting that arising out of my office as (naming the office). So help me God." Deposit of form of oath 51. The person making such declaration shall before entering upon the duties of his office deposit the same in the office of the secretary: Provided that in the case of the councillors first elected for any municipality the said declaration shall be handed to the reeve at the first meeting of the coimcil to be afterwards deposited by him with the secretary of the municipality. MUNICIPALITY A CORPOKATION. Municipality a body corporate 53. Every municipality is hereby declared a body corporate and the name of the body corporate shall be "The Rural Mimi- cipaUty of {naming the same). No " CHANGE OF NAME. Change of name 53. The Minister may from time to time alter the name of any municipality upon the petition of a majority of the coimcil and notice of such alteration shall be published in The Alberta Gazett^; and in such case the seal theretofore used by such muni- cipality shall continue to be the seal thereof until changed by the council. Effect of change 54. No change in the name of any mxinicipality made in accordance with the provisions of the next preceding section shall affect any obligation, right, action or property incurred, established, done or acquired prior to such change. MEETINGS OF COUNCIL. First meeting of council 55. The first meeting of each council shall be held at a place to be fixed by the returning officer appointed to have charge of 1014 BUEAL MUNICIPALITIES Cap. 3 1911-13 the election at which such council was elected, at the hour of two o'clock in the afternoon on the first Monday in January, except when that day is a public holiday, in which case such meeting shall be held at the same time on the next subsequent day which is not a public holiday; such returning officer shall give written notice of such meeting to each councillor by mailing the same to his address at least eight clear days prior to the date of such meeting or by personally delivering the same to each coimcillor, or in the absence from his residence of any such councillor to any adult person thereat, at least three clear days prior to the date of such meeting. (2) The council of the previous year shall hold office imtil^"™" the new council meets; provided, however, that the first council of any municipality shall hold office from the date of the election; excepting when the municipaUty shall have been a small local improvement district. 1913 (2), c. 21, s. 9. 56. The council may at any meetings at which all the members Regular of the coimcil are present decide by resolution to hold regular ™*^*'^ meetings of the coimcil and such resolution shall state the day, hour and place of every such meeting and no notice of any such meetiag shall be necessary. 51. A special meeting of the council shall be called by thespedai secretary of the municipality when he is required so to do in"'"'"^ writing by the reeve or by any three members of the council and written notice of every such special meeting stating the time and place when and where it is to be held and in general terlns the nature of the business to be transacted thereat shall be given by the secretary in the manner provided by section 55 hereof. (2) No business other than that stated in the said notice shall be transacted at any special meeting of the council imless all the members of the council are present in which case by unanimous consent any other business may be transacted. 58. The coxmcil niay by imanimous consent waive notice of^^^^of any first, special or other meeting and hold a meeting at anymee&ig' time but every member of the council must be present at such meeting. 59. Every meeting of the council shall be held either in the piaee of municipality or in a city, town or village the area of which lies™'**'"^ within or touches at some point the limitp of the municipality: Provided that by the unanimous consent of the council its meetings may be held at any other point outside the limits of the municipality. PROCEEDINGS AT MEETINGS. 60. Every council may make rules and regulations for calling Regulations meetings, governing its proceedings, the conduct of its members, |Sv^l™ '" appointing committees and generally for the transaction of its°fp™™e'J«>sE business provided that no such rule or regulation be contrary to law or the provisions of this Act. 1015 1911-13 Quorum Election of reeve Reeve to preside Cap. 3 RURAL MUNICIPALITIES 61. A majority of the whole council shall be necessary to form a quorum and no business shall be transacted unless there be a quorum present. 63. The council shall at its first meeting elect from among its number a chairman, who shall be known as the reeve, who shall hold such ofl&ce until the ejtpiration of the term for which he has been elected as councillor. (2) The reeve or in his absence the deputy reeve shall preside at every meeting of the council and shall preserve order and enforce the rules of the coimcil. Deputy reeve Chairman to I No act valid unless adopted at regular meetmg Motions need not be seconded Questioii clecided by majority Members of council must vote Meetings to be open Duties 63. The council shall at its first meeting and every six months thereafter elect one of their number as deputy reeve who shall hold office for six months or until his successor be appointed and in case the reeve through illness, absence or other cause is imable to perform the duties of his office or in case the office is vacant the deputy reeve shall have all the powers of the reeve. 64. In the absence of the reeve and deputy reeve from any meeting another member of the council shall be elected as chair- man to preside at such meeting. 65. No act or other proceeding of any council shall be deemed vaUd or binding on any party which is not adopted at a regular or special meeting of the council at which a quorum is present. 66. Every question shall be submitted to the council on the motion of the reeve or any other member thereof and no seconder shall be required. 67. At every meeting of the council all questions shall be decided by the majority of the votes and the reeve, deputy reeve or chairman of the coimcil, as the case may be, shall have the right to vote but in the case of an equality of votes the question shall be decided in the negative. 68. The reeve when present and all of the councillors present shall vote, unless excused by resolution of the council, on every division. 69. The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct but the person presiding at any meeting may cause to be expelled and excluded any person who is guilty of improper conduct at such meeting. REEVE. 70. The reeve shall be the chief executive officer of the muni- cipality and it shall be his duty to be vigilant and active in causing the laws governing the municipality to be put in force and duly executed, to inspect the conduct of all municipal officers and so far as may be in his power to cause all negUgence, care- lessness and violation of duty to be dxily prosecuted and punished and to communicate from time to time to the council all such information and to recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the municipality. 1016 KTJRAL MTJNICIPALITIBS Cap. 3 1911-18 71. The reeve may suspend any municipal officer and he shall Power of thereupon report such suspension and the reasons therefor to °""''*°"'"' the coimcil who may either dismiss or reinstate the suspended officer; and in case he is dismissed such officer shall receive no salary or remtmeration from the date of such suspension. 'J'3. The reeve may at any time and from time to time by Appointment writing under his hand appoint and engage one or more special eoneSes constables within the municipality for such time not exceeding fifteen days as shall be stated in the appointment; but the authority of any such constable shall cease if his appointment be not confirmed at the next regular meeting of the council. 73. In each year the reeve shall by public notice conspicuously Public posted in at least ten widely separated places in the municipality ™®'*™* call a meeting of the electors of the municipaUty for the discussion of municipal affairs to be held within two weeks preceding the date fixed for the nomination for councillors and if so requested at any time by the written petition of twenty electors the reeve shall in Uke manner call a public meeting of the electors to be held on a date to be named in the notice thereof for the discussion of mimicipal affairs -or of any matter relating thereto. 74. Every council may pass a resolution for paying the mem- Payment bers thereof a sxmi not exceeding $4 per diem for the reeve and °* """"""^ $3 per diem for each coimcUlor for each meeting and ten cents for every mile necessarily travelled in coming to and returning from such meetings of the coimcil: Provided that the total number of meetings for which each councillor may be paid during the year for which he is elected shall not exceed ten: And provided further that in case any meeting of the council is held outside the limits of the municipaUty no member of the coxmcil shall be paid for the mileage travelled by him beyond the limits of the mimicipality. (2) Every council may pass a resolution for paying the mem- bers thereof a sum not exceeding 10 cents per mile for every mile necessarily travelled, and a sum not exceeding $3 per day for the time not exceeding 10 days in any one year necessarily occupied in laying out or inspecting work performed or to be performed for the benefit of the municipality; provided the work so per- formed or to be performed shall be duly authorized by a resolution of the council, excepting where such work is of an emergent nature, in which case the payment of the councillors' fees for laying out and inspecting such work shall be in the discretion of the council; provided further that a special report, setting forth the work performed by the members of the council, and the remimeration received therefor imder the provisions of this section shall be prepared and submitted to the electors of the said municipality at the nomination meeting thereof and a copy of such report shall be mailed to the Minister; Provided that the council of any rnunicipality may in place of inspecting and laying out work themselves appoint a com- petent foreman or engineer to do this work under the powers given them by section 171 hereof. 1913 (2), c. 21, s. 10. 1017 1911-13 Cap. 3 RURAL MUNICIPALITIES Committee COMMITTEES. 75. The council may from time to time appoint standing or special committees consisting of one or more of its members and may delegate to such committees any mattei* for consider- ation, inquiry, management or regulation and may delegate to any such committee any of the duties and powers by this Act conferred and imposed upon the council except the power to borrow money, pass a by-law or enter into a contract. (2) Every committee to whom any duty or power is delegated as aforesaid may exercise or perform the same in like manner and with the same effect as the council. VACANCIES. Resignation ijg^ ^y recvc or couuciUor . may resign his seat in the council at any time, or any reeve may resign his position as reeve while retaining his seat in the council, by sending notice in writing of such resignation to the secretary and every such notice shall be brought to the attention of the council at its next meeting and steps shall be taken immediately by the council to fill the vacancy. Declaration of vacancy 77. If after the election of any person as a member of the coimcil he is convicted of felony or becomes insolvent within the meaning of any Act in force in the province, or assigns his property for the benefit of his creditors, or, if not a British subject fails to become naturalized within the time prescribed by section 92 hereof, or if without being authorized by a resolution of the council so to do he absents himself from the meetings of such council for three consecutive months, his seat in the council shall forth- with become vacant. Vacancy 78. jf the position of reeve becomes vacant by death, resigna- tion or otherwise the council shall forthwith elect some person from among its number to fill the position for the imexpired portion of the term of the coimcil. (2) If a seat in the council becomes vacant by death, resigna^ tion or otherwise the council shall forthwith appoint a retumiug officer to hold an election to fill the vacancy and such election shall be held as nearly as may be in the manner provided by this Act for other elections; but if such vacancy occurs after the first day of November such election shall not take place. APPOINTED COUNCILLORS. Minister may appoint councillor Lieutenant Governor in Council may appoint whole council 79. If in any municipality the number of councillors required by this Act is for any reason not elected, the Minister may appoint some person or persons to fill the vacancies caused thereby. 80. The Lieutenant Governor in Council may at any time dismiss the whole council or any member or members thereof and appoint some person or persons to act as reeve, councillor or councillors for the municipaUty in the place and stead of the person or persons so dismissed, and every such person so appointed shall have all the powers and authorities conferred by this Act 1018 EXJBAL MTJNICIPALITIBS Cap. 3 1911-13 on elected members of the council and shall be remunerated out of the ivaids of the mimidpaUty or otherwise as the Lieutenant Governor in Council may determine. (2) Upon the appointment of any person or persons as afore- said the person or persons, as the ease may be, previously elected as members of the council and in whose stead such appointment or appointments were made shall cease to hold ofiBce. PART III. MuNiciPAii Elections. FIBST ELECTION FOK COUNCILLORS. 81. In the case of every municipality declared by the Minister Nomination to be organized as of the second Monday of December, 1912, g|t*jf/oa"n the municipal committee shall by resolution at least two weeks prior to the last Monday of. November — (o) Name a place for holding the nomination meeting; (b) Appoint a retiumng officer who shall be a resident elector of the municipality; (c) Divide the municipality into polling divisions and assign a number to each division and name a polling place therefor which shall not be a licensed hotel; (d) Appoint a deputy returning officer for each polling place. 83. In case a member or members of the municipal committee Appointments dies or leaves the municipality before the passing of the resolu-*"""™™**** tion provided for in the last preceding section or refuses or is unable to act the remaining member or members may appoint another resident elector or electors in the place of the member orjmembers so dying or leaving the municipality or refusing or being unable to act; and such remaining member or members together with those so appointed shall thereafter be the municipal committee. 83. Whenever it appears to him to be necessary or expedient Minister the Minister may dismiss the whole municipal committee or any^son'to"'* member thereof and may appoint some person or persons to™g^^^. act in their place and stead and such person or persons so appointed shall have all the powers and authority conferred by this Act upon members of the municipal committee. 84. Until such time as a secretary is appointed the returning Returning officer at the first election for coimcillors in a mimicipality shaU^Sai^''* have and exercise all the powers and duties of such secretary as prescribed by sections 149 to 155 inclusive hereof. THE MUNICIPAL VOTERS' LIST. 85. The council of every mimicipality shall as soon as may Voters' list be in each year divide the municipality into polling divisions and fix the boundaries thereof, and the treasurer of every muni- cipality shall on or before the first day of November in each 1019 1911-13 Cap. 3 KUKAL MUNICIPALITIES year prepare a list of all persons whose names appear on the last revised assessment roll of the municipality and such list shall be in the form following and shall be arranged according to the divisions aforesaid and shall be known as the "Municipal Voters' List"; Voters' List of the Rural Municipality of . . . . No , for the year 19 . No. on List Name of Voter Desciiptioii of Proper^ Owner Occu- pant Resident orNon- Resident No. of Acres No. of Acres As'sed As'sed Value of Land Taxes unpaid to Dee. 31st last but , one preceding Particulars Treasurer's certificate Post copy of list in treasurer's office 1914, c. 9, s. 4. 86. In preparing the said list the treasurer shall enter in the appropriate column of the form prescribed the following particu- lars which shall be taken from the last revised assessment roll of the municipaUty: 1. The names of all persons assessed arranged alphabetically according to their surnames; 2. A brief description of the land or other property for which each such person is assessed; 3. The word "owner" or "occupant," as the case may be; 4. The word "resident" or "nonresident," as the case may be; 5. The number of acres for which each such person is assessed; 6. The assessed value of the land for which each such person is assessed; 7. The amount of taxes due by such person to the municipality up to the 31st day of December last but one preceding. 1914, C. 9, s. 5. ' 87. When the said list has been prepared as provided in the next preceding two sections the treasurer shall immediately after the last name on the list for each poUing division write the words "certified correct" followed by his signature and the date on which such certificate is made which date shall not be later than the first day of November as aforesaid. 88. The treasurer shall then forthwith make a true and correct copy of the said list and post the same in his office and such copy or the original thereof shall be open to inspection by any person at all reasonable hours. (a) The treasurer shall also forthwith after the completion of such certified voters' list as provided for by section 87 hereof send by prepaid registered mail to the secretary or secretary- treasurer of every school district wholly or in part included within the boundaries of the municipality of which he is treasurer a true and correct list of all persons appearing on such certified 1020 BUBAL MUNICIPALITIES Cap. 3 1911-13 voters' list who are assessed .by the municipaUty for lands within such school district, and a description of the lands for which they are so assessed. 1913 (1), c. 7, s. 12. 89. Whenever through inadvertence or otherwise any mistake, ^j^j^™ error, wrongful entry or omission whatsoever has been made in the said original list or copy it shall be the duty of the treasurer upon being notified in writing by any person of such mistake, error, wrongful entry or omission to revise the said Ust accord- ingly; but no such revision shall be made except for the purpose of correcting the spelUng of names unless the said notification is received by the treasurer at least seven clear days prior to the date fixed for the annual election in the municipality and unless the last revised assessment roll of the municipality when compared with the said list shows the latter to be inaccurate or incomplete in the maimer complained of in the said notification. (2) It shall be the dtity of the treasurer to revise the said original list and copy thereof from time to time by adding the word "paid" in the proper column after the name of every person who pays all taxes due by him to the municipality up to the thirty-first day of December last but one preceding, at any time prior to seven clear days before the date preceding the date fixed for the annual election in the municipality. 1914, c. 9, s. 6. (3) Every revision of the said original list and the said copy by way of alteration, correction or addition shall have placed opposite it the date of such revision and the initials of the treasurer. 90. Any treasurer who refuses or neglects to prepare the said Penalty for Ust as herein provided or who neglects or fails to enter on the*'^^*'"^' said list the name of any person whose name appears on the last revised assessment roUof the municipality or who neglects or fails to enter in the said list any other particular as provided herein or who enters in the said Ust the name of any person that does not appear in the said roll or who refuses, fails or neglects to revise the said Ust in any particular as herein provided shaU for each such refusal, neglect or failure be guilty of an offence and liable on summary conviction to a fine not exceeding $50. (2) The provisions of this section shall apply to the preparation of any copy of the said Ust which by the provisions of this Act the treasurer is required to prepare. I '''' ANNUAL ELECTION. 91. There shall be held every year in every municipality an Annual election for coimcillors which election shall be conducted at the*'*"*'*"' time and in the maimer hereinafter provided. QUALIFICATION OP COUNCILLOBS. 92. The persons eligible for election as counciUors shall be QuaUfioation the male resident electors of the municipaUty who are of the **' °°"°'^°" full age of twenty-one years, who can read and write and are British subjects or have not resided long enough in Canada to comply with the conditions of qualification of residence to be naturalized, but who have made a statutory declaration of 1021 1911-13 Cap. 3 BURAL MUNICIPALITIES their intention to become naturalized as British subjects: Provided that if any person making such a declaration neglects or refuses to become naturalized as a British subject within one month after expiration of the time of residence in Canada required as a qualification for naturalization, his seat in the council shall forthwith become vacant. The said declaration shall be in the following form: Candidate's Declaration of Intention. Disqualifi- cation Canada: Province of Alberta I, , of To wit: > in the Province of Alberta (occupation) do hereby solemnly declare — 1. That I am not a British subject; 2. That I have not resided in Canada for a sufficient period of time to comply with the conditions of qualification of residence to be naturalized and that it is my intention to become naturalized as a British subject as soon as the conditions of qualification by residence permit me to do so; 3. That I am in all other respects than naturalization eligible and qualified for election as councillor of a rural municipality. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at in the Province of Alberta, this} day of A.D. 19. ., A J.P., N.P., or Comr., etc. 93. Any person who holds, enjoys, undertakes, or executes, directly or indirectly, alone or with any other, by himself or by the interposition of a trustee or third person, any contract or agreement with the council, or with any officer or employee thereof with respect to any service of the municipality or under which any money of the municipality is to be paid for any service, work, matter or thing, any person who is surety for any officer or employee of the municipality, and any person who has been convicted of a criminal offence punishable by imprisonment for more than two years, shall be ineli^ble' for- election as a member of the council or shall, being a member of the council, forfeit his seat therein; provided, however, that any such person shall not be deemed to be ineligible for election as a member of the council, or to forfeit his seat therein, as the case may be, by reason only of his being a shareholder or director in an incor- porated company having any such contract or agreement as aforesaid, unless such contract or agreement is for the building, construction or repair of a public work of the municipality, nor by reason only of his being the proprietor or otherwise interested in a newspaper or other periodical publication in which from time to time advertisements of the municipality are inserted. 1914, c. 9, s. 7. Shareholder 94. Any member of the council holding, enjoying, undertal^ng, SSiufied o'^ executing any contract or agreement the holding, enjoying, undertaking or executing of which is declared by section 93 of 1022 BUBAL MUNICIPALITIES Cap. 3 1911-13 this Act to make the seat of such member liable to forfeiture, or any member of the coimcil acting as surety for any officer or employee of the coimcil, shall be guSty of an offence, and liable on summary conviction thereof before a justice of the peace to a penalty of not less than ten dollars and not more than one hundred dollars and costs. 1914, c. 9, s. 8. MEETINGS FOE NOMINATION OF COUNCIL. 95. The council shall in all elections subsequent to the first Provision election for cotmcillors by resolution at least two weeks prior °''«^'"'°° to the last Monday in November in each year — (a) Name a place for holding the nomination meeting; (6) Appoint a returning officer who shall be a resident elector of the municipality; (c) Name a polUng place for each of the polling divisions of the municipality established under the provisions of section 85 hereof; or for each of the divisions thereof, - if divisions have been estabUshed in the municipaUty, under the provisions of this Act; 1913 (1), c. 7, s. 13. (d) Appoint a deputy returning officer for each polUng place; (e) The coimcil may also, if it deems advisable, authorize the returning officer or the deputy returning officer for' any or all of such polling places to appoint a poll clerk to assist him in the discharge of his duties. 96. The place named for holding every nomination meeting Ka"? of shall be within the municipality or within a city, town or village °°™^ °° the area of which is within or touches at some point the limits of the municipiality. 97. The place named as a polling place for any division orPijcerof polling division shall be within such division or polling division''" ^ or within a city, town or village the area of which is within or touches at some point the limits of the division and shall not be a licensed hotel. 1913 (1), c. 7, s. 14. 98. Every meeting called for the nomination of members of Hour of ' a council shall be held from two o'clock to four o'clock in the ™'^'"'^ afternoon of the first Monday of December. ELECTION officials' DECLAKATION. 99. Every rettumng officer shall before entering upon the officials- duties of his office take and subscribe before a justice of the ''*'''"**'°° peace or other person. authorized to administer oaths the oath in the form following and every deputy returning officer, poll clerk, constable or other officer appointed to act at an election shall before entering upon their respective duties take and sub- scribe before the returning officer or any person authorized to administer oaths within the province the said oath: "Canada Province of Alberta To wit: "FoBM OF Oath. I, of in the Province of 1023 1911-lS Cap. 3 EUHAL MUNICIPALITIES PoBtine notices Alberta, do swear that I will not at any time disclose to anyone the name of any person who has voted at the election to be held in the mmiicipality of on the day of , A.D. 19 .... ; and that I will not unlawfully attempt to ascertain the candidate or candidates for whom an elector has voted and will not in any way aid in the unlawful discovery of the same; . and that I will keep secret all knowledge which may come to me of the person for whom an elector has voted. So help me God. "Sworn before me at in the Province of Alberta, this day of 19.... A J.P., N. P., or Comr., etc." 100. It shall be the duty of the returning officer at least seven clear days prior to the date fixed for the nomination meeting to post up a notice of such meeting which shall be in the form following or to the like effect: "Notice for Nomination for Elections. "Rural Municipality of No Mimicipal Elections 19 ... . "Public notice is hereby given that a meeting of the resident electors of the rural municipality of No will be held at (description of place) on (day of week) the day of , 19 . . . , from two o'clock to four o'clock in the afternoon for the purpose of nominating candidates for the office of coimcillors for the muni- cipality. "Given under my hand at .• this day of A.D. 19. . . . Returning Officer." (2) Every such notice shall be posted in at least two widely separated conspicuous places in each polling division of the municipality and also in all post offices, if any, within the muni- cipality. proceedings at nomination meeting. Nomination 101. At the time and place named in the notice the returning officer shall declare the meeting open for the purpose of receiving nominations of persons to serve as councillors for the municipaUty, and the meeting shall remain open until four o'clock in the after- noon, when if no more that the required number of persons are nominated for councillors the returning officer shall declare the persons so nominated duly elected as councillors. 103. Every nomination for councillor shall be in writing in the form following and shall be signed by at least five resident electors of the municipality, or in municipalities in which divisions have been established by at least two resident electors of the division. 1913 (1), c. 7, s. 15. 1024 BUBAL MUNICIPALITIES Cap. 3 1911-13 "Nomination Papee. "We, the undersigned resident electors of the rural municipality i^"^^*^"" of or of division number of the rural municipality of hereby nominate (name, residence and occupation of the person nominated) as a candidate at the election now about to be held of councillors for the said municipality. "Witness our hands this day of A.D. 19.... (Signature of resident electors)." 103. Every such nomination to be valid shall also be accom- statemen^^ panied by a written statement signed by the person nominated and TOnsent to the effect that he is eligible for election as provided by section 92 hereof, and that he will accept office if elected and such state- ment shall be in the following form: " Candidate's Acceptance. "I, the said nominated in the foregoing nomination, hereby state that I am eligible for election and that I will accept the office if elected. "Signed in the presence of (Name of Witness) (Name of Candidate)." 104. In the event of more than the required number of persons Ste^of poll being nominated the returning officer shall declare that a poll will be held and shall name the time (which shall be on the same day of the week as the nomination but in the nejct week following) and the places where the votes are to be polled and also the time and place at which the result of the polling will be declared.' 105. Any candidate nominated may withdraw at any time^"'"^*''^' within forty-eight hours after the close of the nomination meeting by fiUng with the returning officer a declaration in writing to that effect signed in the presence of two witnesses or the returning officer. 106. If by reason of any such withdrawal or withdrawals Notice that there are not more than the required number of candidates forbl^no^ councillors remaining in nomination the polUng shall not take place and the returning officer shall forthwith declare the persons nominated to be elected and shall post up in the manner provided by jsection 100 hereof a notice in the following form: 1025 1911-12 Cap. 3 RURAL MUNICIPALITIES " Notice. "Rural Municipality of "Municipal Election "Whereas nominated for the office of Councillor {or whereas nqminated for an office of councillor for division No and ...:.... nominated for the office of councillor for division No etc.) have withdrawn their candidatures, leaving the only candidates therefor {or, leaving the only candidate for division No , and .the only candidate for division No. , etc.), I hereby give you notice that no voting will take place on the day of 19 .... , {date of 'polling) {here add, if necessary, in the following divisions of the mimicipality)." 1913 (1), c. 7, s. 16. Hour of poll Notice ot poll Poll clerk TIME AND NOTICE OF POLL. 107. Whenever a poll is required to be taken for the election of councillors i^ shall be held on the same day of the week as the nomination for the said election but in the next week following and every such poU shall be open from the hour of nine o'clock in the forenoon to five o'clock in the afternoon in each polling division of the municipahty. 108. Notice of every such poll "required to be taken shall within seventy-two hours after the nomination be posted up by the returning officer in the manner provided by section 100 hereof and every such notice shall be in the form following: "Notice op Poll. "Rural Municipality of No "Municipal Elections, 19 "Public Notice is hereby given that an election will be held for councillors for the municipality of or for a councillor for division No and division No. respectively for the year 19. ... , and the polling will take place on {day of week), the day of 19 .... , from nine o'clock in the forenoon "to five o'clock in the afternoon at {specify polling places) and that I will at {describe the place) on {day of week) the day of 19 ....,, at twelve o'clock noon sum up the votes and declare the result of the elections. "Given under my hand at this day of , 19 ... . 1913 (1), c. 1. s. 17. Returning Officer." preparations for poll. 109. If so authorized by the council the returning officer and each deputy returning officer may appoint a poll clerk who in the absence of the returning officer or deputy returning officer for any cause shall have all the powers of the said returning officer or deputy, as the case may be. 1026 KUKAL MUNICIPALITIES Cap. 3 1911-13 110. The returning officer shall procure for each polling Baiiot box division of the municipality a suitable ballot box to be made of some dry durable material and each box shall be provided with a lock and key and shall be so constructed that the ballot papers can be deposited therein and cannot be withdravm there- from unless the box is unlocked. 111. The returning officer shall also cause to be printed or Ballot papers otherwise prepared a supply of ballot papers sufficient for the purposes of the election. 113. The ballot papers may be either printed or written or Printed or partly printed and partly written. wntten 113. The ballot paper for the election of councillors shall fo°,J^or contain the names of the candidates duly nominated arranged alphabetically in the order of their surnames and shall be in the following form: COUNCILLORS. Andrews, Harry Black, WiUiam Davies, Edward Foster, Henry Lee, Martin Murray, Alfred Smith, Frank (2) In rural municipalities in which divisions have been estab- Ushed, separate ballots in like form shall be prepared for each division. 1913 (1), c. 7, s. 18. 114. The secretary shall at least twenty days prior to every election furnish the returning officer with at least two copies of section 166 hereof for every polling division of the municipality, and it shall be the duty of the deputy returning officer for each division to post the same in conspicuous places at his polUng booth and see that they are kept so posted up during the hours of polUng. 115. At least twenty-four hours before the opening of the suppUes for poll the returning officer shall deUver or cause to be delivered ^*^^ to every deputy returning officer the ballot papers which have office™* been prepared for use in the polling division for which such deputy returning officer shall have been appointed to act and such other materials as are necessary to enable the electors to mark their ballot papers. 116. The returning officer shall before the opening of the DireoUon. poll cause to be prepared such number of printed directions for*"™**™ 1027 1911-12 Cap. 3 BXJKAL MUNICIPALITIES the guidance of vomers in voting as he may deem sufficient, and such directions shall be printed in conspicuous characters and may be according to the following form: "Directions for the Guidance of VdTERS in Voting. "The voter shall go into the compartment and with a pencil provided in the compartment place a cross (thus X) on the right hand side opposite the name of the candidate for whom he votes or at any other place within the division which contains the name of such candidate. "The voter shall fold up his ballot paper so as to show the initials of the deputy returning officer on the back and immediately after leaving the compartment shall without showing the front of the paper to any person deUver such ballot so folded to the deputy returning officer and forthwith quit the polling place. "If the voter inadvertently spoils his ballot paper he may return it to the deputy returning officer who will give him another ballot paper. "If the voter votes for more or less candidates for any office than he is entitled to vote for his ballot paper will be void" and will not be counted for any of the candidates for that office. "If the voter places any mark on his ballot paper by which he may afterwards be identified or if his ballot paper has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified it will be void and not counted. "If the voter takes a ballot paper out of the polling place or deposits in the ballot box any other paper than the one given to him by the officer he will be liable on summary conviction to imprisonment for any term not exceeding six months with or without hard labour." 1913 (1), c. 7, s. 19. proceedings at poll. Deputy returning officer Voting compartment Posting directions in. On the day fixed for the taking of a poll the deputy returning officer shall be present at the polling booth in his division at least fifteen minutes before the time fixed for opening the poll. 118. Every polling booth shall be furnished with a compartment (which may be arranged by hanging a screen) in which the voters can mark their ballots without being seen and it shall be the duty of the deputy returning officer to see that such compartment is provided. 119. Every deputy returning officer shall before the opening of the poll cause to be posted on the outside of the entrance to the polling booth as well as in the compartment in the polling booth a copy of the directions referred to in section 116 hereof. Secretary to furnish copies of voters' list 130. Except in the case of elections held prior to the com- pletion of the municipal voters' list it shall be the duty of the secretary of the municipaUty to furnish to the returning officer for distribution to his deputies at least twenty-four hours before the opening of the poll such number of copies of the said list as the returning officer may require. 1028 BUKAL MUNICIPALITIES Cap. 3 1911-13 181. The retxinung ofl&cer shall also furnish to each deputy poU Book retumii^ oflScer a poll book in which shall be entered the record of the poll and such poll book shall be in the following form: "Poll Book. "For Polling Division No of the Rural Munici- paUty of No "Record of election held this day of , 19 .... , for the election of {state pur- pose of election). Name of Voter His No. on the Voters' List Voted Sworn or Refused to Swear Kemarke 133. Any person producing to the deputy returning oflBcer^gg^j^ a written authority from a candidate to represent him as his agent at the polling place shall be recognized as such by the deputy returning officer but not more than two agents of any candidate shall be entitled to be present at the same time in any polling place during the voting or counting of votes. 133. The persons entitled to be present at any one time inp^^^j^^ any poUing booth during the hours of polUng shall be the return- present in' = ing officer, deputy returning officer, the poll clerk and any of the^°"^''°°'* candidates for councillors and not more than two agents of any such candidate and one voter. 134. At the time fixed for the opening of the poll the deputy p^o^ggjingg returning officer shall declare the poll open and announce that at opening he is prepared to receive votes for the candidates nominated;" ^ and shall immediately after the opetiing of the poll show the ballot box to such persons as are present in the polling booth so that they may see that it is empty. He shall then lock the , box and place his seal upon it in such manner as to prevent it being opened without breaking the seal, aiid he shall then place the box in his view for the receipt of ballot papers and shall keep it so in his view and locked and sealed during the hours of polling. 135. The persons entitled to vote for councillors shall bepg^^^^ the resident electors of the municipality, subject to the provisions entitled of section 339 in regard to persons jointly owning or occupying *° ^°** land; provided, however, that any elector otherwise qualified, residing in a village, town or municipahty adjoining the said municipality at some point or in a village, or town within the said municipality, who has during the current year actually cultivated eighty acres of the land owned by him in the munici- pality shall be entitled to vote. 1913 (1), c. 7, s. 20; 1913 (2), c. 21, s. 11; 1914, c. 9, s. 9. 1029 1911-13 Cap. 3 RURAL MUNICIPALITIES One vote for Gounoillor Vote prior to first voters' list Voter's name must be on voters' list 136. At every general election every resident elector shall be required to vote for the number of councillors to be elected, if divisions have not been established in the municipality, and shall be entitled to vote only once for a councillor for his division, if divisions have been established. 1913 (1), c. 7, s. 21. (2) At every special election of the council each person whose name appears on the voters' list shall be entitled to vote once. 1913 (1), c. 7, s. 21. (3) If any person votes for more or less than the total number of councillors to be elected, his ballot shall be void and not counted. 1913 (1), c. 7, s. 21. DECLARATION OF RESIDENT ELECTORS. 137. At every election held prior to the completion of the first municipal voters' list every person who presents himself for the purpose of voting shall be required before he is handed a ballot paper or papers to sign a declaration in the form following and the deputy returning oflBcer shall permit every person who signs the said declaration to vote and shall record in the poll book the name of each person who signs such declaration: Taken this day of 19. . . . The undersigned severally declare each for himself: 1. That he is of the full age of twenty-one years; 2. That he is actually residing in the rural mimicipaUty of No and that he has so resided therein for the two months immediately prior to this election; 3. That during the whole of the said two months he has been the owner or occupant of assessable land in this polling division, being division No of the said municipality, a description of which lands is set opposite his name. Name Land Voted on (2) At such election each person signing the said declaration shall be entitled to vote once only for not more than the number of councillors to be elected. (3) Any voter who is imable to write may sign the declaration by making his mark thereon in the presence of the deputy returning officer who shall initial the same. (4) Any person subscribing to the declaration as aforesaid and who thereby makes any false statement shall, unless he can prove he did not know such statement to be false, be guilty of an offence and liable on summary conviction to a penalty not exceeding $20. 138. At every election held subsequently to the completion of the first municipal voters' list the deputy returning officer shall satisfy himself that the name of every person who presents himself for the purpose of voting or a name apparently intended for such person is on the municipal voters' list supplied to him 1030 BUHAL MUNICIPALITIES Cap. 3 1911-13 by the returning officer and that all taxes due by such person to the municipality up to the thirty-first day of December last but one preceding have been paid, and the deputy returning officer or poll clerk shall record in the poll book the name of each such person. 1915, c. 16, s. 1. (2) The deputy returning officer shall not permit to vote Voters must any person whose name does not appear on the said list jior^*''**''™ any person whose name does appear on the said list unless all taxes due by such person to the municipality up to the thirty- first day of December last but one preceding are shown by the said list to have been paid or unless such person produces to the deputy returning officer an official receipt from the treasurer of the municipality to the effect that all taxes due by such person to the municipality up to the thirty-first day of December last preceding have been paid. 1915, c. 16, s. 1. 139. Before a ballot paper is handed by the deputy returning Swearing officer to any person presenting himself to vote, any candidate 5§mand of or his agent shall have the right to object to such person voting aeent and if there be any such objection it shall be the duty of the deputy retumiag officer to administer to such person the following oath: "You swear { shall forthwith deliver to the returning officer the sealed ballot officer box and the duplicate of the statement entered in the poll book and upon receipt of the same the returning officer shall give to such deputy a receipt therefor. 146. At twelve o'clock noon. on the day and at the place ^t"™e previously appointed by him for the purpose the returning officer ?oim and shall in the presence of such of the candidates or their agents taUot^ as may be present break the seal of and open the ballot box received from each deputy retumiag officer and take the same proceedings as are by section 144 hereof required to be taken by a deputy returning officer and shall make and initial all necessary corrections in the statement entered in the poll book, (2) If the ballot box used in any division has been lost orBaUotbox destroyed the returning officer shall use the duplicate statement drat^Jyecj delivered to him by the deputy retumiag officer for such polling division and allow the candidates named therein the number of votes respectively shown thereby as given for such candidates. (3) When the ballot papers have all been examined and counted Declaration the returning officer shall forthwith sum up and announce the °' ''^''*""' number of votes he has allowed for each candidate, including any votes he has allowed imder subsection (2) of this section and shall publicly declare to be elected the required number of candidates for councillor, having the highest nmnber of votes. 147. If it appears upon the casting up of the votes as aforesaid Returning that two or more candidates for any office have an equal number ^^ng vote of votes the returning officer shall at the time he declares the result of the poll give a casting vote so as to decide the election. 148. Except in, such case no returning officer shall vote at And no other any election. 149. Forthwith after the election the returning officer shall Transmission transmit to the secretary of the municipality the sealed ballot glx^! etc , boxes and duplicate statements used in the election and thereafter *°««<''"eta^y the said secretary shall be responsible for their safe keeping and for their delivery when needed. 1035 1911-13 Cap. 3 RUBAL MUNICIPALITIES Destruction of ballota Inspection Order for Recount Attendance of clerk with paperE Mode of ' counting 150. The secretary of the municipality shall unless other- wise ordered by the judge of the District Court of the judicial district within which the municipality is wholly or partly situated retain for two months the said ballot boxes with their seals unbroken and shall then imless otherwise ordered as aforesaid cause the ballot boxes to be opened and the packets therein to be burned in the presence of two witnesses. 151. No person shall be allowed to inspect any ballot papers in the custody of the secretary of a municipaUty except under order of the judge of the District Court of the judicial district within which the municipality is wholly or partly situated to be granted by the said judge upon satisfactory evidence on oath that the inspection or production of the ballot papers is required for the purpose of maintaining a prosecution for an offence in relation thereto or for the purpose of taking proceedings imder The Controverted Municipal Elections Act to contest an election or return; and any such order for the inspection or production of ballot papers shall be obeyed by the said secretary. 153. The order shall state the time and place for inspecting such papers and shall name the persons to be present at such inspection and shall be made subject to such conditions as the judge of such District Court thinks expedient. RECOUNT. 153. If at any time within five days from the time of the returning officer's declaration as aforesaid it is on the affidavit of a credible person made to appear to such returning officer that he or any deputy returning officer or other officer in counting the votes given at any election has improperly counted or rejected any ballot papers and that such action has materially affected the result of such election and the siun of $50 as security for the payment of costs and expenses is deposited with such returning officer, such retximing officer shall forthwith forward such affidavit and deposit to the clerk of the District Court of the judicial district within which the municipality is wholly or mainly situated who shall forthwith notify the judge of such court; the judge shall thereupon appoint a time to recount the votes and cause notice in writing to be given to the candidate or candidates whose seat may be affected of the time and place at which he will proceed to recount the same and to the secretary of the municipality whose duty it shall be to be present at the recount with the sealed ballot boxes and duplicate statements used at the election. (2) The said deposit of $50 shall not be paid out by the clerk without the order of the said judge. 154. The judge, the clerk of the court, the secretary of the municipality and each candidate notified to attend the recount of votes and his agent or sohcitor and representatives of the press and no other person except with the sanction of the judge shall be entitled to be present at the recount of votes. 155. At the time and place appointed and in the presence of those notified or entitled to attend as provided by the next preceding section the judge shall proceed to recoimt all the ballot papers received by the deputy returning officers of the several 1036 BUBAL MUNICIPALITIES Cap, 3 1911-13 polling divisions of the municipality as having been given in the election complained of and he shall proceed with such recount as follows: 1. The judge shall break the seals on one of the ballot boxes containing the votes to be counted and take from such ballot box the packets deposited therein; 2. He shall then examine singly and in the presence of those entitled to be present all ballots counted or rejected by the returning officer and during the course of such examination the judge shall keep a tally or count of the votes cast for each candidate and he shall reject as void and shall not count — (a) Any ballot paper which is not initialled by the deputy returning officer as hereinbefore provided; (6) Any ballot paper on which more votes are given than the voter is entitled to give; (c) Any ballot paper on which anything except the initials of the deputy returning officer on the back is written or marked by which the voter can be identified; (d) Any ballot paper which has been torn, defaced, or other- wise dealt with by the voter so that he can thereby be identified; 3. In case the ballot box used in any polling division has been lost or destroyed the judge shall use the duplicate statement for such division and allow the candidates named therein the number of votes respectively shown thereby as given for such candidates; 4. The judge shall take notice of any objection made by a candi- date or his agent to any ballot paper and shall decide any question arising out of the objection and the decision of the judge shall be final; 5. Upon the completion of the examination and count of the baUot papers contained in the first ballot box opened the judge shall forthwith annoimce the result of the coimt and replace the ballot papers in the box which shall be locked and sealed ■ by the secretary in the presence of the judge; 6. The judge shall then proceed, if the recount applied for is of such nature as to make it necessary, to examine and count in a similar manner the ballot papers contained in each of the other ballot boxes in turn; 7. When the ballot papers have all been so examined and counted the judge shall forthwith sum up -and annoimce the number of votes which he has allowed for each candidate including any votes allowed vmder clause 3 of this section and he shall there and then declare elected the candidates having the highest number of votes; 8. In case any two or more candidates have been allowed by the judge the same nimiber of votes, and if there are not sufficient vacancies in the council to permit of all such candidates being declared elected, he shall write the names of such candidates separately on blank pieces of paper and after folding the same in such a way that the names shall be concealed deposit them in a receptacle and direct the clerk of the court or some other person to withdraw one of the said papers, and the candidate whose name appears on the paper thus withdrawn shall by the judge be declared elected, and the judge may cause as many names to be thus withdrawn as are required to fill all the vacancies; 1037 1911-12 Cap. 3 RUEAL MTTNICIPALITIES 9. The judge shall then make and transmit forthwith to the secretary of the municipality a written statement of the result of the recount and every written statement shall show — (a) The names of the candidates; (6) The number of votes allowed for each candidate; (c) The number of ballot papers rejected; (d) The names of the candidates declared elected. Qvo warraTito proceedings 156. Nothing in the next preceding section contained shall prevent or affect any remedy which any person may have imder the provisions of any Act by proceedmgs in the nature of quo warranto or otherwise. Costs Scale of costs 157. All costs, charges and expenses of and incidental to an application for a recount and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportion as the judge may determine regard being had to costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, imfounded allegations or unfounded objections on the part either of the applicant or the respondent. (2) The costs shall be on the District Court scale and may if the judge so orders be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client. Enforcement 158; The paymciit of any costs ordered by the judge to be of ?ort?™* Psid may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amoimt at which costs were taxed and an affidavit of the nonpayment thereof: Equal portions 159. If portious of the mimicipafity are situated within more ^^Tor''^*'' than two judicial districts, the judge of the District Court of S^triito*"'*' ^°y ®^^^ judicial district shall have jurisdiction imder the provisions of sections 150 to 158 hereof, inclusive. GENERAL PROVISIONS. Secrecy of votes 160. No person who has voted at an election shall in any liegal proceedings to question the election or returns or otherwise relating thereto be required to state for whom he has voted. Candidate acting on his own behalf Candidates and agents 161. A candidate may himself undertake the duties which any agent of his might have undertaken or he may assist his agent in the performance of such duties and may be present at any' place at which his agent is by this Act authorized to attend; provided however that no candidate shall be present at the marking of the ballot of any voter imder the provisions of section 134 hereof. 163. When in this Act expressions are used requiring or authorizing any act or thing to be done or implying that any act or thing be done in the presence of such agents as are authorized to attend and as have in fact attended at the time and place whers such act or thing is done the nonattendance of any agent at such time and place shall not invalidate it. 1038 RURAL MUNICIPALITIES Cap. 3 1911-13 163. No election shall be declared invalid by reason of a^^?^^* noncompliance with the provisions of- this Act as to the holding reeuits of the polls or the counting of the votes or by reason of any mistake in the use of any of the forms contained in this Act or by reason of any other irregularity if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act and that such noncompliance, mistake or irregularity did not affect the result of the election. 164. All reasonable and -necessary expenses incurred for^j|y^™*»°f an election under this Act shall be paid out of the funds of the expenses municipality upon the production of proper accoimts verified in such maimer as the council may direct. 165. All proceedings for contesting ia any way an election ^^™»«^ or the voting on any by-law under this Act shall be taken under EiecUona Act the provisions of The Controverted Municipal Elections Act. OFFENCES AND PENALTIES. 166. No person shall offences and -^ penalties (a) Without due authority supply any ballot paper to any person; or (&) Fraudulently put into a ballot box any paper other than the ballot paper which he is authorized by law to put in; or (c) Fraudulently take out of the polling place any ballot paper; or (d) Without due authority, destroy, open or otherwise interfere with any ballot box or packet of ballot papers then in use for the purpose of election; or (e) Apply for a ballot paper in the name of some other person whether that name is that of a person living or dead or of a fictitious person or advise or abet, counsel or procure any other person to so do; but this provision shall not be construed as including a person who appUes for a ballot paper beheviag he is the person intended by the name entered on the voters' list in respect of which he so applies; or (/) Having once voted and not being entitled to vote again at the same election apply for a ballot paper in his own name or advise or abet, counsel or procure any other person so to do. (2) No person shall attempt to commit any offence specified in this section. (3) A person who violates any of the provisions of this section shall be fiable on simnnary conviction before a police inagistrate or two justices of the peace if he is the returning officer or deputy returning officer to imprisonment for any term not exceeding two years with or without hard labour and if he is any other person to imprisonment not exceeding six months with or without hard labour, or to a fine not exceeding $500 or to both. 167. Every returning officer, deputy returning officer or Penalties poll clerk who is guilty of any wilful misfeasance or any wilful 1039 1911-13 Cap. 3 RURAL MUNICIPALITIES Duties of election officers Penaltjr for displaying ballot act or omission in contravention of sections 99 to 168 inclusive hereof shall in addition to any other penalty or liability to which he may be subject forfeit to any person aggrieved by such mis- feasance, act or omission a penal stim of $200. 168. Every officer, clerk and agent in attendance at a polling place shall maintain and aid in maintaining the secrecy of the voting at the polling place. (2) No officer, clerk, agent or other person shall interfere ■with or attempt to interfere with a voter when marking his ballot paper or shall otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (3) No officei*, clerk, agent or other person shall communicate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (4) Every officer, clerk, and agent in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate or attempt to commimicate any information at such counting obtained as to the candidate or candidates for whom any vote is given. (5) No person shall directly or indirectly induce a voter to display his ballot paper after he has marked the same so as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper. (6) Every person who violates any of the provisions of this section shall be liable on summary conviction to imprisonment for any term not exceeding six months with or without hard labour. 169. Every voter who displays his ballot paper after he has marked the same so as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper shall be guilty of an offence and liable on summary conviction to a &ie not exceeding twenty-five dollars. PART IV. Municipal Officials. appointment. Officials 170. Every council shall at its first meeting or so soon there- after as practicable by by-law or resolution appoint the following officers: (a) A secretary and a treasurer or a secretary-treasurer who shall be entrusted with all the powers and charged with all duties conferred or imposed upon the secretary and the treasurer under the provisions of this Act; (6) An assessor who may be the secretaty, the treasurer or the secretary-treasurer. (2) Every municipal official shall have his office within the limits of the mimicipality or in some city, town or village which is within or touches at some point the limit of such municipahty. 1040 RURAL MUNICIPALITIES Cap. 3 1911-13 171. Every council may also appoint from time to time such Appointment other officers, servants or employees as it deems necessary or " °®'=«^* expedient to appoint for the purpose of carrying into effect the provisions of this Act or any by-law of the municipality and may fix the remuneration of any such officers, servants or employees so appointed. 173. The councillor shall not be eligible to be appointed Councillor to any mumcipal office. for office 173. The council shall not make any -appointment to anyAppointinent office or arrangement for the discharge of the duties thereof J^n^er ''*'"' by tender or by application at the lowest remuneration. 174. All officers appointed by the council shall hold office Tenure of until removed by the council or as expressed in their appointment; °®'^ and in addition to the duties assigned to them by this Act or by any general law of the province shall perform such other duties as may be required of them by the council. SECURITY. 175. In addition to defining the duties of any officer the council pog^y for may require him to give such security as it may deem expedient ^rformance for the faithful performance of his duties and during the month °*^"*'^° of January in each year all such securities shall be produced to the reeve and shall be laid by him before the council for examin- ation and approval. 176. The treasurer of every municipality shall within one Security for month after entering upon his duties furnish to the municipality ^^J^^g security in a penal sum to be named by the council by a bond or policy of guarantee of any corporation empowered to grant securities, bonds or policies for the integrity and faithful account- ing of public officers or servants or persons occupying positions of trust; and such security shall be renewed at the beginning of each year or changed at other times whenever renewal or change is required by the council. (2) The members of any council failing to take such security or renew same shall be jointly and severally liable for any default of the treasurer to the extent of the sums for which such bond should have been taken: Provided that when the majority of the council refuse or neglect to take such security on the demand of any councillor such demand being duly recorded in the minutes such councillor shall be relieved from all personal liability in case of the default of such officer. (3) Such bond shall be in a form approved by the Minister. 177. Every officer, servant or agent of the municipality shall i^abiuty be personally liable for any damage arismg from his acts or defaults or from his refusal or neglect to discharge any of the duties imposed upon him by law or by this Act or by the by-kws of the council in addition to any penalties otherwise imposed for the said acts or defaults. . 1041 1911-12 Cap. 3 RURAL MUNICIPALITIES SECRETARY. Duties of 178. It shall be the duty of the secretary of the muni- seoretary cipality— 1. To keep a full and correct record in the English language of the proceedings of every meeting of the council ia the minute book provided for that purpose and to see that the minutes of each meeting are confirmed at the next regular meeting of the council and signed by the reeve or other presiding officer; 2. To enter in the minutes of every meeting the names of the members of the council present at such meeting and if required by the council to record the name of every member voting and whether aye or nay on any question coming before the council; 3. To conduct the correspondence of the coxmcil as directed 4. To transcribe into a special book to be provided for the purpose a true and correct copy of every by-law passed by the council which copy may be either written or priated or partly written and partly printed and to prepare a proper index for such by-laws; 5. To take charge of and keep on record all origiaal by-laws of the coimcil or certified copies thereof, books, papers, accounts, assessment rolls, plans, maps, correspondence committed to his charge by the council during his term of office and deliver the same to his successor or such other person as the council may direct on his ceasing to hold office; 6. To faithfully prepare and duly transmit to the Minister such statements and reports and such other information in regard to the municipaUty as may from time to time be required by the Minister and in such form as he may direjct; 7. To call any special or other meeting of the council in the manner provided by this Act; 8. To produce for inspection the minute and other books and all papers and records of whatsoever kind in his possession when required so to do by an inspector; 9. To faithfully perform all other duties conferred upon him by this Act and generally to carry out such instructions as may be issued to him from time to time by the council; 10. To advise the Minister of his appointment as secretary within five days of such appointment, of the names and addresses of all persons elected councillors for the municipality withia five days after the first meeting of the council at wMch they are entitled to be present, and of the name and address of the reeve, within five days of his election; 1913 (1), c. 7, s. 22. 11. To faithfully prepare and duly submit to the Minister of Education such statements, reports and other information as may from time to time be required by the Minister oj Education, and in such formas he may direct; 1913 (1), c. 7, s. 22. 12. To faithfully prepare and duly transmit to the treasurer of each rural school district which is ia whole or in part included within the boundaries of the mimicipality a statement showing • the total amount of the assessed value of the lands in such school district that are included within the boundaries of the municipality, such statement to be transmitted to the school district as soon as assessment roll for the year has been revised. 1913 (1), c. 7, s. 22. ' 1042 RUKAL MUNICIPALITIES Cap. 3 1911-13 TEEASUEEE. 179. It shall be the duty of the treasurer of the municipality — Duties of irfi&siiTfir 1. To receive and safely keep all moneys belonging to the municipality from whatever source received; 2. To deposit daily or as often as the council may direct ia some chartered bank designated by the council all money received by him; 3. To submit all accounts and charges against the mvmicipaUty which he receives for the consideration of the council; 4. To pay all accounts against the municipality only when they have been passed by the council aiid certified by the reeve or other presiding officer; 5. To make all payments on behalf of the municipality by- cheque on the chartered bank in which the moneys of the muni- cipahty are deposited;' and every such cheque ia addition to being signed by the treasurer shall be countersigned by the reeve or in his absence by the deputy reeve > 6. To give and take receipts for all the moneys of the muni- cipahty received and disbursed and to keep on file all vouchers of expenditure; 7. To keep in a cash book or such books of record and in such form as may from time to time be prescribed by the Minister a complete and detailed record of all the financial transactions of the municipality; . 8. To submit to the coimcil quarterly and whenever otherwise required so. to do by the council a balance sheet showing the financial standing of the municipaUty; 9. To produce when called for by the coimcil, auditor, inspector or other competent authority all books, vouchers, papers and moneys belonging to the municipality and to hand over the same to his successor or such person as the coimcil may direct on his ceasing to hold office; 10. To faithfully prepare and duly transmit to the Minister such reports and statements as may from time to time be required by the Minister and in such form as he may direct; 11. To faithfully perform all other duties conferred upon him by this Act and generally to carry out such instructions as may be issued to him from time to time by the council; 12. To faithfully prepare and duly submit to the Minister of Education such statements, reports and other information as may from time to time be required by the Minister of Education and in such form as he may direct. 1913 (1), c. 7, s. 23. 179a. The treasurer shall collect a fee of twenty-five cents Fee for for every search made in the assessment or tax roll and shall, °°"'''' if required, without an additional fee, give a certificate imder his hand, showing whether or not all taxes in respect of such lot have been paid, and if not, the amount of arrears payable against such lot, and such fee shall form part of the general revenue of the municipaUty. 1913 (1), c. 7, s. 23. 180. The financial year of the municipality shall commence Financial on the first day of January and close on the thirty-first day of y^" December in each year. 1043 1911-12 Cap. 3 RURAL MUNICIPALITIES AUDITOR. Auditor 181. The council shall at its first meeting ia each year or within two months thereafter appoint an auditor but no one who then or during the preceding year is or was a member of the council or is or was secretary or treasurer or who has directly or indirectly or had during the preceding year any share or interest in any contract made by the municipality or who is employed by the municipality in any capacity except that of auditor shall be appointed; the council may appoint any incorporated company or partnership as auditor. Auditor's reports 183. On or before the fifteenth day of November in each year the auditor shall prepare in such form as the Minister may direct an abstract of the receipts, expenditures and habilities of the municipality up to the preceding thirty-first day of October including a statement showing the total amount of debentures authorized to be issued, the debentures actually issued, those actually sold or otherwise disposed of and those remaining on hand. (2) The treasurer on or before the first day of December in each year shall mail a copy of such abstract to the Minister and to every elector of the municipality. InspeotioDs Abstract of receipts, expenditures, etc., for the year 183. Any elector may inspect the said abstracts and reports or any of them and may by himself or his agent and at his own expense take a copy thereof or extract therefrom. (2) On or before the first day of March in each year the auditor shall prepare in such form as the Minister may direct an abstract of the receipts, expenditures, assets and liabilities of the muni- cipality for the financial year ending on the thirty-first day of December of the preceding year showing the amounts collected and expended in each hamlet and including a statement showing the total amount of debentures authorized to be issued, the debentures actually issued, those actually sold, or other- wise and how disposed of and those remaining on hand; he shall make a special report respecting any expenditures made contrary to law; he shall deliver the said abstract and report to the reeve who shall lay the same before the council at its next meeting; and the council on or before the first day of April in each year shall cause the said abstract and report to be published in some newspaper published in the municipality, or, if there be no newspaper published therein, in the newspaper the place of publi- cation of which is nearest thereto and shall cause a copy of such abstract and report to be forwarded to the Minister. 1914, c. 9, s. 11. Auditor's declaration of office 184. The declaration of office to be made and subscribed by every auditor shall be as follows: "I, A.B., having been appointed to the office of auditor for the Rural Municipality of No do hereby promise and declare that I will faithfully perform the duties of the said office according to the best of my judgment and ability and I do solemnly declare that I have not directly or indirectly any share or interest whatever in any contract 1044 HUKAL MUNICIPALITIES Cap. 3 1911-13 or employment (except that of auditor) with, by or on behalf of the municipality. So help me God. Declared before me at this day of. . . 19.... A Comr., etc., N.P. or J. P.' PART V. Municipal By-laws and General Powers and Duties of Councils. BY-LAWS. 185. Except as herein provided the council of every muni- Resolutions of cipality may exercise the duties and powers conferred on it by™™""' this Act either by resolution or by by-law. 186. Every by-law shall be under the seal of the munieipaUty By-iaw to be and shall be signed by the reeve or person presiding at the meeting ^^^ ^^ at which the by-law is finally passed and by the secretary; and every such by-law shall have three distinct and separate readings before the same shall be finally passed but not more than two Three readings shall be had at any one meeting except by the unanimous ''""'^'^^ vote of members of the council present. 187. In case no application to quash a by-law is made within vaUdation two months next after the' final passing thereof the by-law shall "''•y-'*™ be valid and binding notwithstanding any want of substance or form therein or in the proceedings prior thereto or in the time or manner of passing thereof. (2) Provided, however, that in case of a by-law requiring the assent of the electors where the by-law has not been submitted to or has not received the assent of the electors, an application to quash the by-law may be made at any time. 188. No by-law for raising money by way of debentures Assent of shall have any effect until the same has received the assent of MlSatl/'t"^ two-thirds of the electors of the municipality voting thereon money". ° and the approval of the Minister as hereinafter provided. by-iaw 189. When any coimcil has authority to direct by by-law councu may that any matter or thing shall be done by any person such coimcil ^° °]f""°^ may also by the same or another by-law direct that in default^" of its being done by the person such matter or thing shall be done at the expense of the person in default and the municipality may recover the expense thereof with costs by action in any court of competent jurisdiction or in like manner as municipal taxes. 190. A copy of any by-law written or printed without erasure Evidence or interlineation and under the seal of the munieipaUty certified""""'*^ to be a true copy by the secretary and a member of the council shall be authentic and received as jnima fade evidence of its passing and of the contents thereof without any further proof 1045 1911-13 Cap. 3 BUBAL MXnsriCIPALITIES By-laws generally Public health, etc. Nuisance grounds Cemetery Hospitals, etc. Aid to needy person Trees Light weight Cruelty to animals Dogs Wolf bounty Prairie fire Hawkers, auctioneers, pedlars' and transient traders Bemoval of dirt, etc., from roads Storage of gunpowder Encumbering the streets * Regulating use of bridges and highways in any court unless it is specially pleaded or alleged that the seal or the signature of the secretary or member of the council has been forged. 191. The council of any municipality may pass such by-laws not inconsistent with any law or regulations having the force of law in force in this province as it may deem expedient for all or any of the following purposes: 1. Providing for the health of the mupicipaUty and the prevention o^ the spread of infectious and contagious diseases; and engaging such nurses as may be deemed necessary at any time to provide for the care of the indigent sick; 2. Regulating nuisance grounds within the municipality and making provision for the disposal of the refuse of hamlets by licensing scavengers or otherwise; . 3. Acquiring any plot of land within or without the municipality for cemetery purposes and improving, caring for and beautifying such land, and preventing the burial of the dead within any hamlet; provided that whenever a municipality acquires by purchase, donation or otherwise any plot of land for cemetery purposes outside the limits of the municipality the provisions of The Cemetery Ordinance shall apply mutatis mutandis to the said municipality; 4. Granting aid for the erection and maintenance of hospitals within or without the municipality; 5. Granting aid or relief to any needy person who is a resident of the municipality; 6. Providing for planting and protecting trees on highways and public places; 7. Imposing penalties for light weight and short measurement; 8. Preventing cruelty to animals; 9. Restraining and regulating the running at large of dogs and imposing a tax on the owners, possessors or harbourers of dogs and killing dogs running at large; 10. Providing for the destruction of wolves within the mimi- cipality by the payment of bounty for the destruction thereof; 11. Preventing prairie or running fires and making provisions for the enforcement of The Prairie Fires Ordinance; or any Act passed in amendment or in substitution thereof; 12. Licensing, regulating and governing auctioneers, hawkers or pedlars and transient traders, but a license shall not be granted by a rural municipaUty unless the applicant is a holder of a provincial license for auctioneers, hawkers or pedlars; 1913 (1), c. 7, s. 24; 1913 (2), c. 21, s. 12. 13. Compelling the removal of dirt, stones, filth, dust or rubbish off the road.s, lanes or other places within the mimicipality by the party depositing the same and the placing of the same where ordered by the council; 14. Regulating the storage of gunpowder and other combustible, explosive or dangerous materials within the municipality; 15. Preventing the ploughing, encumbrance or obstructing of roads and other places by vehicles or other articles or things; 16. Regulating the driving and riding of horses and cattle on highways and public bridges and preventing racing, immoderate or dangerous driving, or riding on the highways and public bridges and making provision for the carrying but of any provincial law respecting the same; 1046 RURAL MUNICIPALITIES Cap. 3 1911-12 17. Making provision for regulating the use of bridges and Traction • culverts by portable engines or traction engines; ^ddtT 18. Granting aid to agricultural societies; s^eS'*™"' 19. Taking the census of the municipality or any part thereof; ceMuT 20. Provi(Sng ways and means for the extermination of such Extermination animals as are found to injure or impede agriculture; of animals 21. Preventing the posting or exhibiting of placards, play indecent bills, posters, writings or pictures, which are indecent or may"*"" °'^''' tend to corrupt or demoralize the public or individuals, or the writing of words which are indecent or may tend to corrupt or demoralize the public or individuals, or the making of pictures or drawings which are indecent or may tend to corrupt or demoral- ize the pubhc or individuals, on walls or fences or elsewhere in streets or public places; 22. Preventing vice, drunkenness, profane swearing, obscene, vice, drunken- blasphemous or grossly insulting language and other immorality ''™^' ^*°' and indecency; 23. Suppressing disorderly houses and houses of ill-fame; Lewdness 24. Suppressing gambling houses, seizing and destroying faro Gaming banks, rouge et noir, roulette tables, and other devices for gambling foimd therein; 25. Restraining and punishing vagrants, mendicants and vagrants persons found drimk or disorderly in any street, highway or public place; 26. Preventing indecent public exposure of the person and indecent other indecent exhibitions; 27. Preventing or regulating the bathing or washing the person Bathing ia any public water in the mxmicipality; 28. Licensing, regulating and governing all persons '"^hoKe^^ for gain or hire, directly or indirectly, keep or have in their posses- etc" "°™*' sion, on their premises or under their control any pool, billiard or bagatelle table, in a place of public entertainment whether such pool, billiard or bagatelle table be used or not, and regulating and governing all persons who use or frequent premises where any pool, billiard or bagatelle table is so kept; (2) Licensing, regulating and governing public bowling aUeys and regulating and governing all persons who use or frequent same; 29. Preventing or regulating and licensing exhibitions of wax- Licensing works, menageries, circuses, shows, theatres, and caravans and®'''"'"*'°°° for requiring the payment of license fees for authorizing the same, not exceeding 1500 per day and for imposing fines for infringing such by-laws to the amount of $50 over and above the costs of the license fee, provided such fine and costs and fee may be levied by sale of the goods of the showman or the goods belonging to or used in connection with the show or exhibition, whether owned by the showman or not and in addition the offender inay be imprisoned for six months; 1913 (1), c. 7, s. 24. 30. Preventing or regulating or licensing exhibitions held or kept for hire or profits in halls, opera houses, moving picture theatres and other places of amusement. 1913 (1), c. 7, s. 24. INFRACTION OF BY-LAWS. 193. The council of every municipality may pass by-laws Power to for inflicting reasonable fines and penalties not exceeding $100'°'^tie, 1047 1911-12 Cap. 3 EUHAL MUNICIPALITIES Copies of by-law to be sent to Minister Penalty to be paid to municipality exclusive of costs for breach of any of the by-laws of the muni- cipality and for reasonable punishment by imprisonment with or without hard labour in the nearest common gaol for any period not exceeding thirty days in case of nonpayment of the fine and costs inflicted for any such breach unless such fine and costs including the costs of committal are sooner paid. (2) Two copies of every such by-law under the seal of the municipaUty and certified as correct by the reeve and the secretary shall be transmitted to the Minister and no such by-law shall have any force or effect until one of the said duplicate copies is returned to the secretary approved by the Minister. (3) Any penalty or fine under any by-law of a municipality shall if no other provision be made respecting it belong to the municipality for the public use of the same and fonn part of the general revenue of the municipality. Transportation and mainten- ance of prisoners 193. In the event of any person being committed to gaol by reason of a breach of any by-law of a municipality there shall be chargeable to such municipality such part of the expenses paid by the province for the transportation of such person to gaol and for his maintenance while there as may be designated by the Lieutenant Governor in Council. QUASHING BY-LAWS AND BESOLUTIONS. Motion to quash Notice of motion Proof of by-law Security for costs Affidavits of justification 194. Any elector of the municipality may apply to the judge of the District Court of the judicial district within which the municipality is wholly or partly situated, or if portions of the municipality are situated within more than two judicial districts to the judge of the District Court of any such judicial district, upon motion to quash any by-law, order or resolution of the council in whole or in part for illegality; and the judge upon such motion may quash the by-law, order or resolution in whole or in part and may according to the result of the application award costs for or against the municipality and may determine the scale of such costs. (2) Notice of the motion shall be served at least seven clear days before the day on which the motion is to be made. (3) The by-law, order or resolution may be proved by the production of a copy thereof written or printed without erasure or interlineation and under the seal of the municipality certified to be a true copy by the secretary and a, member of the council; and ths secretary shall deliver such copy upon payment of a fee therefor at the rate of ten cents for every hundred words. (4) Before any such motion is made the applicant or in case the applicant is a company some person on its behalf shall enter into recognizance before the judge himself in the sum of $100 and two sureties each in the sum af $50 conditioned to prosecute the motion with effect and to pay any costs which may be awarded against the applicant. (5) The judge may allow the said recognizance upon the sureties entering into proper affidavits of justification and there- upon the same shall be filed in the District Court with the other papers relating to the motion. 1048 BUBAL MUNICIPALITIES Cap. 3 1911-12 (6) In lieu of the recognizance mentioned in subsections (4)?^^ and (5) of this section the applicant may pay into court the sum of $100 as security for any costs which may be awarded against hitn and the certificate bf such payment into court having been made shall be filed in the District Court with the other papers relating to the motion. (7) Upon the .determination of the proceedings the judge Payment may order the money so paid into court to be applied in the°"*° ""'"' payment of costs to be paid out to the applicant in the discretion of the judge according to the result of the application. (8) All moneys required, to be paid into or out of court under Procedure this section shall be paid in and paid out in like manner as moneys are paid into and out of court in actions pending in the said court. (9) No appUcation to quash a by-law, order or resolution in whole or in part shall be entertained unless the application is made within two months from the passing of the by-law, order or resolution, except in the case of a by-law requiring the assent of the electors, where the by-law has not been submitted, to or has not received the assent of the electors in which case an appli- cation to quash a by-law may be made at any time. 195. Any by-law which has been procured to be passed through ?y-^^ ^ or by means of any violation of the provisions of sections 4 and 5 bribery and of The Controverted Municipal Elections Act may be quashed °°""''*'°" upon an application made in conformity with the provisions therein contained. POWEBS AND DUTIES OF COUNCILS. 196. In addition to all other duties and powers conferred Further on councils by this Act the council of every municipality shall oo,JS5b°' have power to pass by-laws — 1. To purchase, lease or otherwise acquire for the use of the Acquire lands municipality any estate in landed property within or without the municipality for exhibition grounds, nuisance groimds or a cemetery or for the puTpose of erecting thereon any municipal building and to erfect, furnish, maintain and repair such buildings as may be beneficial to the municipality: Provided that in any one year no expenditure or liability of more ProvdBo than 1500 shall be incurred under the provisions of this clause until a by-law shall have been submitted to the vote of the electors and passed by a vote of at least two-thirds of those voting thereon and such vote shall he taken as nearly as may be in the manner provided herein for a vote of the electors of the municipality on a by-law for raising money by way of debentures; 2. To establish and maintain or to assist in establishing and Weigh scales maintaining public scales for weighing or measuring anything sold by weight or measurement within the municipality or within any village or town; 3. To lay out, construct, repair and maintain roads, lanes, Roads bridges, culverts and any other necessary public work in the interests and for the use of the municipality. 4. Subject to the provisions of The Public Health Ad to make water supply provision for a supply of water for the municipality or any portion 1049 1911-13 Cap. 3 RURAL MtTNICIPALITIES Temporary road Ferries File drivers, stone crushers, etc. Disposal of property Unite with other muni- cipalities Expropriation BonAs, etc., pi;ohibited thereof and to regulate the use of the same and to prevent the placing of anything prejudicial to health in any stream or body of water in the municipality; 5. To open and maintain a temporary road or right-of-way for public purposes for a term not exceeding two years across any private property or properties when in the opinion of the council the condition of the public roads in the neighbourhood make such action necessary or expedient; and the council shall in every such instance pay to the owners or occupants of aiiy land so opened as a temporary road such compensation for the use thereof and for any and all damages occasioned thereby as may be mutually agreed upon between the coimcil and the persons interested or in the event of a disagreement such compensation as may be determined by arbitration under the provisions of The Arbitration Act; 6. To establish and operate within or without the municipality any ferry licensed under the provisions of The Public Works Act; 7. To acquire either separately or jointly with any other municipality any grader, pile driver, stone crusher, roller or any other machine or implement for use in the coi^struction, repair or maintenance of any road, bridge or other public work within the municipality or municipalities; 8. To sell, lease or otherwise dispose of or to devote to some other municipal purpose in whole or in part any property acquired by the municipality by gift or otherwise for a specific purpose when such property in the opinion of the coxmcil is no longer needed for such purpose, subject to approval of the resident electors obtained in the same manner as a vote upon debenture loans; 9. To unite with the coimcils of other municipalities for the construction and maintenance of any public work or the perform- ance of any matter or thing deemed by all the councils concerned to be of benefit to their respective municipalities and to enter into an agreement as to the joint control and management of anything that concerns their respective municipalities; 10. To enter upon and take and use and acquire so much real property as may be required for any highway, road, street, bridge, ferry, cemetery or other public work in the mimicipality without the consent of the owners of such real property making due compensation therefor to the parties entitled thereto; and in the event of the amoimt of such compensation not being mutually agreed upon by the parties concerned it shall be determined by arbitration under The Arbitration Act; 1914, c. 9, s. 12. 11. To allow by way of rebate to any person assessed in any year not more than twenty-five per cent, of the amount paid by such person as taxes on land cultivated and cropped the previous year, or on land enclosed by a lawful fence used exclusively for the purpose of pasture and upon which horses or cattle to the number of at least one or sheep to the number of at least three for every ten acres so enclosed have been pasturing for six months during the previous year; provided, however, that this rebate shall not apply to taxes levied under The Educational Tax Act, or to taxes levied for hail insurance or school purposes. 1913 (1), c. 7, s. 25; 1915, c. 16, s. 2. 197. No council of any municipality shall have power — 1. To gra,nt a bonus or any other aid to any person, company or corporation for the construction, establishment or operation 1050 RURAL MUNICIPALITIES Cap. 3 1911-12 of any manufactory, mill, railway, or any other business or concern whatever either within or without the municipality; 2. To exempt from taxation any such manufactory, mill, railway or other business or concern nor to subscribe for stock in or to guarantee the bonds, debentures or other securities thereof. APPORTIONMENT bP EXPENDITURES. 198. The council shall cause at least one-half of the total Apportion- amount estimated to be expended in the municipality for general expenditure municipal purposes to be apportioned among the townships aSS^M comprising such municipality in proportion to the amount of taxable land therein respectively, as shown by the last revised assessment roll, and the amoimt so apportioned to each such town- ship shall be expended on public works in such township; provided that the council may,' by resolution unanimously adopted at a meeting of the whole council, decide that the amovmt to be apportioned as aforesaid may be reduced to any amount not less than one-quarter of the said total estimate. NOXIOUS WEEDS. 199. It shall be the duty of every council and it shall have Appointment power to appoint from time to time such inspector or inspectors" "^^'^" as are required to carry out and enforce the provisions of The Noxious Weeds Act within the municipality, and every inspector ■ so appointed shall have the same powers and shall perform the same duties as an iaspector, as provided for in said Act, and shall be paid such remuneration as the council may fix. (2) Nothing herein contained shall be deemed to limit or in any other way affect the powers conferred upon the Minister of Agriculture or the inspectors appointed by him under the provisions of the said Act. 300. In case noxious weeds are not cut down or otherwise inspector destroyed on any land pursuant to any notice given by an inspector ™eedB '^''"^ of a municipality in accordance with the provisions of The Noxious Weeds Ad or in case the name or address of the owner of such land is unknown the said inspector or any person or persons directed by him may forthwith enter upon the land with the necessary teams and implements and destroy such weeds in such manner as the inspector may see fit and such inspector shall forthwith make a return to the treasurer of the amount expended in the work performed under the provisions of this section. 301. The amount ej^ended in the work performed under Recovery the next preceding section may be recovered from the owner °^p™5^* or occupant of the land by action in the name of the reeve or the inspector or by distress by the reeve or inspector or the agent of either of any chattels on the land. 303. Any such amoxmt which has not been satisfied on or Amount before the first day of January next following its expenditure ^1^™^!^ shall be added to and form part of the taxes assessed for municipal in same purposes on such lands in all respects as if it were an original Slra*'" tax; and it shall have the same effect on the land and may 1051 1911-13 Cap. 3 RURAL MUNICIPALITIES be recovered in any of the modes available for the recovery of such taxes and the amount so recovered shall form part of the general revenue of the municipality. prtS/«i« 303. A certificate piuporting to be signed by the treasurer evidence of to the effect that an amount named therein has been expended expenditure ^j^^g ^^^ ^^^^ ^^^ ^^^ destruction of uoxious wccds upou any area of land described therein shall be prima fade evidence that the amount named has been so expended. imfeou>i^ 304. Every inspector who refuses or neglects to perform any duty placed upon hint by The Noxious Weeds Act or by the council shall be liable on summary conviction thereof to a penalty not less than 110 nor more than |50. ^oto"^*° 305. Every fine, penalty and forfeiture imposed by The municipality Noxious Weeds Act for a violation of any of its provisions shall be payable to the mimicipality whose coimcil takes the necessary steps to enforce such fine, penalty or forfeiture, as the case may be. RESTRAINING ANIMALS AT LARGE. ^tiSngand 306, The council of every mimicipality shall have full power regulating the to pass a by-law or by-laws for restraining animals at large and of^ma1s'°''**any such by-law or by-laws shall — (a) Describe the several kinds of animals the by-law purports to restrain; (b) Determine what condition shall constitute an animal at large; (c) Determine whether animals at large shall be restrained throughout the whole year or oply a portion thereof and if only a portion what portion; (d) Determine whether such by-law is to be made apphcable to the whole municipality or only a portion or portions thereof and if only a portion or portions what portion or portions; (e) Determine whether animals not the property of residents shall be permitted to be at large within the municipality and if such permission is given by such by-law the conditions under and the time or times during which such animals may be at large in the municipality; (/) Determine whether animals not the property of residents within any portion of the municipality shall be permitted to be at large within such portion of the mimicipality and if such permission is given by such by-law the con- ditions under and the time or times during which such animals may be at large within such portion; (g) Prescribe the manner in which animals, required by such by-law to be restrained from being at large, shall be distraiaed and kept during such distraint and the places at which and the persons with whom animals so distrained shall be impounded; Qi) Determine what shall constitute a lawful fence within the municipality, subject to the provisions of An Ordinance respecting Fences, and all amendments thereto. 1913 (1), c. 7, s. 26; 1913 (2), c. 21, s. 13; 1914, c. 9, s. 13. 1052 RURAL MUNICIPALITIES Cap. 3 1911-18 (2) "Resident" in this section includes any person living in the municipality or any person occupying any land in the municipality. 1914, c. 9, s. 13; 1915, c. 16, s. 3. 807. In every such by-law the council shall incorporate Provisions of substantially all the provisions of sections 206 to 216, inclusive, ito^orlted of this Act, substituting the word "by-law" for "Act" where'"*" 6y-'»'' the meaning requires it. 1913 (2), c. 21, $. 13. 808. Any person claiming any damage for trespass by any Damages for animal impounded may, at the time of the impounding of suchaSS*^'' animal, deliver to the poundkeeper a statement in writing, showingi™P''"""ied the nature and amount of his demand, and any person failing to deliver such statement at such time shall have no recourse to the provisions of this Act as to the collection of damages. (&) Upon the receipt of such statement the poundkeeper shall, if the owner of the animal be unknown to Imn, apply to the reeve or to any one of the ooimcillors of the municipality, or to the nearest justice of the peace, who is hereby authorized and required to summon three disinterested inhabitants of the municipality as appraisers and such three appraisers or any two of them shall, within twenty-four hours after being summoned as aforesaid, view the ground on which the animal or animals were found doing the damage and appraise the damage committed, and the determination of a majority of the said appraisers shall be conclusive as to such claim and the amount thereof, and they shall within twenty-four hours after having made the view give in writing to the poundkeeper a statement of the amount of the damages assessed by them and said amount shall be the amount to be retained by the poundkeeper from the sale of the animal or animals as appraised damages. 1913 (2), c. 21, s. 13. (c) Each appraiser shall be allowed the sum of $1.00 as a fee for the appraisement and the amount of such fees shall be retained by the poundkeeper out of the proceeds of the sale of the animal or animals, to be paid by him to the appraisers, 1913 (2), c. 21, s. 13. 309. If the owner of any impounded animal is known to the poundkeeper, as the owner of such animal, the poundkeeper shall forthwith deliver at or mail by registered post to the address of such owner a notice in the following form: "Notice is hereby given that (description of animal mpownded. Notices to be giving registered brand, if any, marks and points) was impounded prated^by in the pound kept by the undersigned on the (description of^°^^^^^ place where pound is located) on the day of A.D. 19.... "Given imder my hand at this day of A.D. 19.... (Signature of Poundkeeper). "To (If a claim for damages shall have been made the poundkeeper shall embody in the said notice the following, or to the like effect) : "Notice is also given that a claim for damages to the amount of , has been made by and that if you wish to have this 1053 1911-13 Cap. 3 KUKAL MUNICIPALITIES claim appraised you are required, within three days from the receipt of this notice, to notify me to that effect, otherwise the claim will be taJien to be admitted." (If the owner shall, within three days from the receipt of this notice, inform the poundkeeper of his desire to have appraisers appointed the poundkeeper shall forthwith apply for the appoint- ment of appraisers as in section 208 hereof and thereafter the provisions of section 208, as to appointment, view and award, shall govern. The appraisers shall be allowed the fees set out in section 208 hereof. If the amount of the appraised damages equals or exceeds the amount claimed by the claimant then the amount of the appraisers' fees shall be paid by the owner or retained from the proceeds of the sale of the animals or animals, but if the amount of appraised damages shall be less than the amount claimed by the claimant then the appraisers' fees shall be paid by the claimant or retained out of the amount due him as appraised damages.) (2) If the owner shall not within three days from the receipt of the notice that a claim for damages has been made, inform the poundkeeper of his desire to have appraisers appointed, the claim and the amount thereof will be taken to be admitted, and thereafter shall be treated as appraised damages. 1913 (2), c. 21, s. 13. (3) In case such owner is not known or such owner or person notified shall not within ten days after the posting or delivery of the notice referred to in subsection (1) hereof appear at the pound and release the animal so impoimded by the payment of the appraised claim for damages, the poundkeeper's fees and mileage and allowances, and the appraisers' fees, where the same are due under this Act, the poundkeeper shall cause to be inserted once each week for two consecutive weeks in some newspaper circulating in the municipality a notice in the following form: "Notice is hereby given that {description of animal impounded, giving registered brand, if any, marks and points) was impounded in the pound kept by the undersigned on {description of place where pound is located) on the day of A.D. 19.... "Given under my hand at this day of A.D. 19.... 1913 (2), c. 21, s. 13. Signature of Poundkeeper." (3a) A copy of any notice required by this section to be posted or delivered shall be published in one issue of The Alherta Gazette 1914, c. 9, s. 14. (4) Every poxmdkeeper shall without charge, in addition to any copies of any notice which he may be required to post or deliver, post a copy of every such notice in a conspicuous place at his pound and in the nearest post office, and shalLkeep and maintain such notice at his pound during the whole of such time such notice may refer to. 1913 (2), c. 21, s. 13. Penalty for 310. If any pouudkeeper impounds or assists, or incites, topoSng or employs any person to impound any animal in any municipality, unless such animal was an estray or was trespassing upon the poundkeeper's own land, he shall in addition to any civil liability 1054 BUBAL MUNICIPALITIES Cap. 3 1911-13 which he may incur by reason thereof be guilty of an offence and liable on summary conviction to a penalty not exceeding $100.00. (2) Every poundkeeper shall keep the pound to which he is appointed clean and in good repair and shall supply the animals impounded therein with suflBcient and wholesome sustenance, and provide for them such shelter as is commonly provided at the time for animals of similar age and class in the vicinity, and the poundkeeper may send such animals out of his pound at fit times and fit places for grazing or watering, and every pound- keeper shall be responsible to the owner of any impoimded animal for all loss or damage occasioned by any act or negligence of himself or his agent. An open wire corral shall in no case be regarded as a suitable pound. 1913 (2nd Session), c. 21, s. 13. 311. T^Tien any animal shall not have been released fromsaieof the pound within thirty days after the notice has been inserted ^"0°'^'"^ for the last time in a newspaper, as is herein provided, the said animal shall be sold by pubUc auction after notice of such sale has been posted for eight days in three conspicuous places within the municipality, one of which shall be the post office nearest the pound, and at such sale the poundkeeper shall be the atictioneer. The sale shall be held at the pound or at such other place as may be designated by by-law of the municipality and shall commence at the hour of two o'clock in the afternoon. The poundkeeper shall not, either in person or by his agent, purchase any animal at such sale or have any interest of any kind in any animal so purchased. 1913 (2nd Session), c. 21, s. 13. (2) No poundkeeper making a sale under the provisions of this Act shall be liable to a penalty for selling without a Ucensc as- an auctioneer. 1913 (2nd Session), c. 21, s. 13. 313. If more than one animal is impounded and the owner Oniy sufficient thereof is known the poundkeeper shall only sell sufficient ofa^^'^d^g such animals to satisfy the claims for damages, expenses and fees *° •>« s"'"* chargeable against the animals and the owner of the animals shall be entitled to those remaining unsold. 1913 (2nd Session), c. 21, s. 13. (2) If the owner of the animals is unknown the poundkeeper shall sell all the animals impounded. 1913 (2nd Session), c. 21, s. 13. (3) The poundkeeper shall, immediately after such sale, send to the treasurer a description of the animal or animals sold at such sale, the amount reaUzed and the disposition thereof. 1913 (2nd Session), c. 21, s. 13. 313. The proceeds of the sale of any impounded animal sold Disposal of under the provisions of this Act shall be applicable in payment — sak'"''^ "^ (a) Of any costs and charges attending such sale; (b) Of all sustenance fees; (c) To the impounder of such animals the amount due him for capturing and impounding the same; to the claimant for damage done; and of appraisers' fees, if the same shall be due under the provisions of this Act; and the residue, if any, shall be paid to the owner of such animal, or if not claimed at the time of sale by any person entitled thereto, to the treasurer of of the municipality. 1913 (2nd Session), c. 21, s. 13. 1055 1911-13 Notice of council's intention to pass by-law Tariff of poundkeepcr't] Cap. 3 EtTHAL MUNICIPALITIES (2) Any money received by the treasurer under the provisions of the next preceding subsection shall be paid to the owner of the animal sold on evidence satisfactory to the coimcil being furnished as to the applicant's title thereto and application therefor being made to the coimcil within twelve months from the date of the sale, otherwise such money shall form part of the general revenue fund of the municipality. 1913 (2nd Session), c. 21, s. 13. • 314. Before any by-law for the restraioiug of animals at large shall be finally passed by the council of any municipality, the council shall cause a copy of the proposed by-law to be posted up in each of at least fifteen conspicuous places in the municipality, one of which shall be the office of the secretary-treasurer, and shall upon the completion of the posting of such copies, cause to be inserted in some newspaper published in the muuicipahty, or if there is no newspaper published therein, in some newspaper having a circulation therein, a notice in the form following or to the like effect; "Public notice is hereby given that there has been introduced in the council of the rural municipality of No , a by-law of which the following is a short synopsis (here. insert short synopsis of by-law), and that a copy of the same may be seen in each of the following places (here insert list of places at which by-law may be seen) and further that unless within thirty days from the publication of this notice at least ten resident electors of the mimicipality petition the council to submit such by-law to the vote of the resident electors of the municipality the council will proceed to pass the same. 1914, c. 9, s. 15. Secretary of the Municipality of. . . . No .... (2) If within thirty days from the publication of such notice any ten resident electors of the municipality petition the coimcil to submit such by-law to the vote of the resident electors of the municipality, the same shall be so submitted before it is finally passed and the proceedings for taking such vote shall be sub- stantially in the manner hereinafter provided for the taking of votes on debenture by-laws, and such by-law shall be declared carried if a majority of the resident electors vote for the same. 1913 (2nd Session), c. 21, s. 13; 1914, c. 9, s. 15. 315. The following shall be the tariff of the poundkeeper's fees ia accordance with the provisions of this Act: For each stallion or jack $ .50 For each bull 50 For each other animal 25 Provided that the total poundkeeper's fees not including commission on sales, shall not exceed $10.00 and disburse- ments for advertising. For posting notices, each such notice to include all such animals impounded at one distress 1 .00 For notice in newspaper, actual cost. For selliag impounded animals, as directed by by-law, 2| per cent, commission on the amount realized on the sale. For attending for summonses and serving same on appraiser, 25 cents each and 10 cents per mile one way for each mile necessarily travelled. 1056 BURAL MUNICIPALITIES Cap. 3 1911-13 (6) To the poundkeeper for the care and sustenance of each animal for each day or portion of a day: For each stallion or jack, $1 .00 For each bull 50 For each other animal 25 (c) To the owner or tenant of any land in the municipality for capturing and impounding a stallion or bull of one year old or upwards at large contrary to any mimicipal by-law $5.00, and on receiving settlement or realizing from the sale such amount shall be paid over by the poundkeeper to the person entitled. (2) Such fees and no others shall be paid for such purposes. (3) Nothing contained in this Act shall deprive the owner of any animal impounded of any action, remedy or right that he might have at common law or otherwise by reason of said animal being unlawfully impounded. 1913 (2nd Session), c. 21, s.l3. 316. The provisions of The Stray Animals Ordinance, T^e Provjaions of Entire Animals Ordinance, The Herd Ordinance and The Pound orS^S?^ District Ordinance shall cease to be operative withiu any muni-*"^^**"^^^ cipality on the coming into effect of any by-law passed by the passing of council in pursuance of the powers conferred upon it by this Act. "y'*" 1913 (2nd Session), c. 21, s. 13. HIGHWAYS AND PUBLIC PLACES. 317. The title to all public roads, highways, streets and lanes Control of ia every municipality created under this Act is hereby declared ^'"'''^■^*°' to be vested in the Crown in the right of the province and every such public road, highway, street and lane shall be subject to the direction, control and management of the councU of the muni- cipality in which it is situated, subject, however, to the provisions of chapter 21 of the Ordinances of 1901, being An Ordinance respecting Water, Gas, Electric and Telephone Companies. (2) Notwithstanding anything herein contained any street railway company or other electric railway company may, sub j ecu to such regulations and specific directions as may from time to time be made and given by the Minister of Railways and Telephones, put down, take up, relay, connect, disconnect, repair and maintain its tracks and wiring for the transmission of electricity, or may operate its railway along, over and across every such pubUc road, highway, street and lane, or any bridge, watercourse, stream or public place of every and any description whatsoever. 318. The Minister of Public Works shall at all times have Right of the right to enter any municipality for the purpose of constructing, ™'''' erecting, maintaining or repairing any public work as defined by The Public Works Act, and the Minister of Railways and Tele- phones shall at all times have the right to enter any municipality for the purpose of constructing, extending, erecting, maintaining or repairing any part of the government telephone or telegraph system or systems or any appfiance used in connection therewith, and for any or all these purposes every public road, highway or other public place or that part or parts thereof on which such work is being carried on shall until such work is completed be under the direction, control and management of whichever of the said Ministers shall have charge of such work. 1057 1911-13 Cap. 3 RURAL MUNICIPALITIES Repair of public worlds 319. Every council shall keep in repair all bridges, roads, culverts and ferries and the approaches thereto which have been constructed or provided by the municipality or by any person with the permission of the council or which, if constructed or provided by the province have been transferred to the control of the council by written notice thereof; and in default of the council so to keep the same in repair the municipality shall be liable for all damage sustained by any person by reason of such default. 1913 (2nd Session), c. 21, s. 14. Limitation of time for action 330. No action shall be brought under the provisions of the next preceding section except within six months from the date upon which the cause of action arose and unless notice in writing of the accident shall have been mailed to or served upon the secretary of the municipality within one month after the date upon which the cause of action arose : Provided that in case of the death of the person injured or if the court or judge before whom the action is tried considers that there is a reasonable excuse for the .want or insuflSciency of such notice and that the defendants have not thereby been prejudiced in their defence, the want of the notice required under this section shall be no bar to the maintenance of this action. CARE OF THE SICK. Care of the sick 331. The council of every municipality may make due provision for the care and treatment of any person who has been a resident of the municpality for at least three months and who faUs ill and who for financial reasons or otherwise is incapable of procuring the necessary medical attendance and treatment. Demand by hpspital board 333. Should the council deem it advisable to place any such person in any hospital which receives aid from the general revenue of the Province of Alberta the board of such hospital may demand and collect from the council a sum not exceeding one dollar per day for each day's actual care of the patient in such hospital. Recovery of payment from patient 333. Any sum thus paid by the municipality to the hospital may be recovered from the said patient by action or by distraint by the trsasurcr of the municipality or if deemed advisable it may be added to and form part of the taxes levied by the muni- cipality against any land owned by the said patient and shall be collectable in the same manner and to the same extent as all other taxes of the municipality; and in the event of the death of the said patient the council may recover the said sum from his estate, if any. Agreement between council and board 334. Notwithstanding anything contained in the next two preceding sections any council may if it thinks fit enter into an agreement with the board of any hospital whereby such board will undertake to care for and treat all such patients of the muni- cipality for such annual sum and subject to such conditions and restrictions as may be agreed upon. 1058 RURAL MUNICIPALITIES Cap. 3 1911-13 PART VI. Municipal Loans. temporary. 235. The council of any .municipality may from time to time,'r|™P'"'^'y by resolution authorize the reeve and treasurer to borrow from any person, bank or corporation, such sums as the council deem necessary to meet the then current expenditure of the municipality, until such time as the taxes levied therefor can be collected, and the council shall by such resolution provide for such loan being secured by promissory note or notes of the reeve and treasurer given under the seal of the municipality and on behalf of the council, and the amount so borrowed shall be repaid out of and shall be a first charge upon the taxes which are collected for mimi- cipal purposes for the year in which such amount was borrowed; provided that in any municipal year the total aniount so borrowed and outstanding shall not exceed sixty per cent. (60%) of the total taxes levied by the municipality for municipal purposes for the preceding year. 1915, c. 16, s. 4. (2) The council of any municipality shall have similar borrowing powers for the purpose of meetiag the estimated expenditures of any rural school district transmitted to the treasurer of the municipality imder the provisions of section 296 hereof; provided that the amoimt so borrowed for any rural school district and outstanding under this subsection, shall not exceed seventy-five per cent. (75%) of the total taxes levied by the municipality for any such rural school district for any year in which such amount is borrowed, and that the amount so borrowed under this subsection shall be repaid out of and shall be a first charge upon the taxes which are collected for any such rural school district for the year in which such Amount is borrowed. 1915, c. 16, s. 4. (3) In every year all taxes collected by the municipality for school purposes and all moneys borrowed by the municipality under the provisions of subsection 2 of this section, shall be kept by the municipality in a separate account and deposited in a chartered bank to the credit of a trust fund to be styled "School Taxes Trust Fund," and shall only be paid thereout to the several rural school districts entitled thereto. 1915, c. 16, s. 4. (4) Any person or bank lending any sum to a municipality under this section shall not be bound to establish the necessity for borrowing the same nor see to the payment of the same by the niunicipality into the said school taxes trust fund nor as to the payment out thereof. 1915, c. 16, s. 14. 336. The council of a municipality may at any time within Temporary twelve months after its organization in anticipation of the alSng first collection and payment of the general taxes payable in any yeary^^"!* . from time to time borrow moneys on the credit of the municipal"^*"'**'™ rates to an amount not exceeding one-half of the total estimated revenues of the municipality for the year. DEBENTURE LOANS. 337. Should it appear desirable to the council of any Debenture municipality that a sum of money should be borrowed on the^^y-'aws 1059 1911-13 Cap. 3 BUBAL MUNICIPALITIES Poll to be taken security of the municipality for the purpose of purchasing or constructing any road, highway, bridge, ferry or other municipal public work or for the purpose of purchasing or otherwise acquiring any land, gravel pit, right-of-way, easement or other interest in any land for the use of the municipality or for the purpose of draining any portion of the municipality or for the purpose of providing a watei; supply for any portion of the municipality ' or for the purpose of purchasing or ,otherwise securing any machinery, tools or implements for the use of the municipality or for the purpose of assisting in the erection or enlargement of a hospital either within or without the limits of the municipality or for the purpose of purchasing, erecting, improving, altering, adding to or fimiishing any building for the use of the mimicipality or for all or a,ny of the said purposes it shall pass a by-law to that effect which by-law shall be in such form as is prescribed by the Minister or to the like effect and which shall be under the corporate seal of the municipality, 238, 339, 330 {Repealed— 191d (1st Session), c. 7, s. 28.) 331. Before such by-law is finally passed it shall be submitted to a vote of the electors and receive the approval of two-thirds of the electors voting thereon and the council shall by resolution fix the time for the holding of such a poll, appoint a returning officer, divide the municipality into polling divisions and name a polling place in each of the said polling divisions and a deputy returning officer therefor and appoint the time and place when and where the returning officer shall sum up the votes given for and against the by-law. 1913 (1st Session), c. 7, s. 29. (2) Such polling place shall be within the polling division or within a city, town or village which is within or touches at some point the area of such polling division, and shall not be a licensed hotel. (3) If the council deem it advisable such poll may be held on the day herein fixed for the election of councillors. Notice of poll 332. Notice of the poll shall be posted up at least fourteen clear days before the date of voting in the manner prescribed by section 100 hereof and every such notice shall be in the form prescribed by the Minister. •ftpoul^etf ^^^' ^'^ ^^'^ ^y ^^^ ^o^ ^^^ ^y *^® s^^i notice a poll shall be taken in each polling division of the municipality and all proceedings thereat and preliminary and subsequent thereto and for the purposes thereof including a recoimt shall be conducted in the same manner as nearly as may be as at an election for councillors. 334. The ballot papers for voting on the by-law shall be in the following form: 1060 BUHAL MUNICIPALITIES Cap. 3 1911-13 Ballot paper By-Law No For Against 335. On the application of any person interested in promoting Agents or opposing the by-law the reeve shall authorize the attendance***"*" of two persons on behalf of the party applying at each polling place and at the final summing up of the votes but no more than two such persons on each side shall be so authorized. 236. Every elector of the municipality shall be entitled toonevote vote once only on the by-law and such vote shall be recorded at the ""'^ polling booth in the polling division in which such elector resides or in case the elector is not a resident of the municipality then in the polling division or one of the polling divisions of the municipality in which his name appears on the municipal voters' list. 337. The returning officer shall at the time and place appointed Declaration by the council and in the presence of those authorized to attend "fp^u'* or such of them as may be present count and sum up the number of votes for and against the by-law according to the pro- visions of section 146 hereof and shall then and there di clarc the , result and forthwith certify to the council under his hand whether or not two-thirds of the electors entitled to vote who have voted on the by-law approved of the same. 338. In the event of a recount not being applied for within Certifieate the time specified by section 153 hereof the secretary of thoconM?Sng"'' municipality shall forthwith forward to the Minister — S"ia^°* (a) A certified copy of the by-law under the seal of the municipaUty; (&) (Repealed— 1Q13 (2nd Session), c. 21, s. 16.) (c) A statutory declaration showing the total area of assessable land ia the municipality and the assessed value thereof as shown by the last revised assessment roll; (d) A certified copy of the returning officer's statement as to the result of the poll; and in the event of a recount being applied for the secretary after such recount has been held shall transmit to the Minister the aforesaid documents together with a certified copy of the written statement of the judge as to the result of such recount. 339. Upon receipt of the several documents referred Minister to in the next preceding section and upon being satisfied that J;"bH?w*'™ the several requirements of this Act have been substantially complied with the Minister may in writing authorize the council to borrow by way of debenture the sum or sums of money mentioned in the by-law or any less sum; and notice of such 1061 1911-13 Cap. 3 RURAL MUNICIPALITIES Issue of debentures Form of debenture authorization shall be published in The Alberta Gazette and such notice shall be conclusive evidence of the sanction of the loan and that all the necessary formalities of this Act have been complied with. 340. Whenever the council of any municipality is authorized by the Minister to borrow any sum of money as provided by section 239 hereof the council may thereupon issue a debenture or debentures to secure the amount of the principal and the interest of the loan so authorized or of any less sum upon the terms specified in the by-law; and the debenture or debentures when signed by the reeve and treasurer of the municipality and sealed with the corporate seal thereof and the coupons thereto attached when signed by the reeve and treasurer of the municipality, shall when the Minister or his deputy shall have countersigned the debenture as hereinafter provided be sufficient, notwithstanding anjrthing in this Act to the contrary, to bind the municipality and create a charge or lien upon all municipal property and rates and taxes in the municipaUty. 1913 (2hid Session), c. 21, s. 17. (2) The signatures of such coupons may be engraved or lithographed. 341. Every debenture issued by any municipality may be in the following form or to the Uke effect: "$ Debenture No "The Rural Municipality of No promises to pay to the bearer at the at the sum of dollars of lawful nloney of Canada in equal consecutive annual instalments with interest at the rate of per centum per annum on the terms and in the amounts specified in the coupons attached hereto. "Dated this day of 19. . . . Reeve. " (Corporate Seal) Treasurer. " COUPONS. " Coupon No Debenture No "The Rural Municipality of No will pay to the bearer at the at on the day of 19. . . ., the sum of dollars, being the instalment of principal with the total interest at the rate of per centum per annum due on that date on municipal debenture No Reeve. Treasurer." (2) Any debenture or coupons for the interest thereof issued under the provisioi^s of this Act may be made payable in gold or its equivalent of lawful money of Canada or of Great Britain at a bank to be named in any part of Great Britain, the United States of America or Canada. 1062 EUKAL MUNICIPALITIES Cap. 3 1911-1 'i (3) Any debenture under this Act may be in any other form approved by the Minister, or may provide for the payment of principal or interest secured thereby in any other manner approved by the Minister. (4) A debenture for the full amount or for a less amount than that mentioned in the by-law or a series of debentures aggregating such full amount or aggregating a less amount than is so mentioned may be issued, but whenever a series of debentures is so issued of the same denomination at the same time such of the series shall be distinguished by a mark or symbol different from the mark or symbol on. the other debentures of the same issue, and the said mark or symbol respectively shall appear on the coupons attached to the -debentures respectively bearing the like mark or symbol. 343. The total face value of all debentures issued by any Limit for municipality shall not be for a greater sum than five per cent. '**™*™*' of the assessed value of the land assessed in the municipahty as shown by the last revised assessment roll thereof. 343. Debentures shall not carry interest at a greater rate Rate of than six per centum per annum. interest 344. Debentures issued for payment for the construction Term of of iron or steel bridges or concrete culverts shall not, except '^^*'™*"** as in the next succeeding sections provided, run for a longer period than thirty years and other debentures shall not, except as so provided, run for a longer period than twenty years and may be dated at any time within twelve months from the date on which notice of the authorization of the loan appears in The Alberta Gazette and the first instalment of principal and interest may be made payable at any time within dghteen months from the date of the debenture. 345. In the event of the first instalment of principal and Extension interest of any debenture being made payable at any time after" *"™ one year from the date of the debenture as provided in the next preceding section such debenture may run for, such longer term than twenty years as may be necessary to allow of repayment of the loan in nineteen years from the date of the pajonent of the first instalment of principal and interest. 346. Every debenture before being issued by the council Debenture shall be sent for registration to the Minister who shall cause Jegtatered by a proper record to be kept of the same. Mimeter 347. The Minister or his deputy shall thereupon if satisfied Debenture to that the requirements of this Act have been substantially complied rilnedb*"' with and if the authority to make the loan has not been with-^^™*" drawn register and countersign the debenture and such counter- signing by the Minister or his deputy shall be conclusive evidence that the municipality has been legally constituted and that all the formalities in respect to such loan and the issue of such debenture have been complied with and the legality of the issue of such debenture shall be thereby conclusively established and its validity shall not be questioned by any court; but the 1063 1911-13 Cap. 3 RUHAL MXJNICIPALITIES Debenture register same shall to the extent of the revenues of the municipality issuing the same be a good and indefeasible security in the hands of any bona fide holder thereof. 1913 (2nd Session), c. 21, s. iS. 348. The treasurer of every mtmicipality shall open and keep a book to be known as "The Debenture Register" which shall be in such form as is prescribed by the Minister and ia which shall be entered full particulars of every debenture issued by the municipality. Assessment of land Exemptions to be made prior to 1st June in each year PART VII. Municipal Assessment and Taxation. assessment. 349. All municipal taxes shall be levied equally upon all rateable land in the municipality according to the assessed value of such land and it shall be the duty of the assessor to make the assessment of such land in the municipality in the maimer hereinafter provided. 350. In every municipality all land shall be liable to assessment and taxation subject to the following exemptions: 1. All lands belonging to Canada or to the proviace; 2. All lands held by or in trust for the use of any tribe of Indians; 3. The land to the extent of three acres held by or for the use of any school district erected under The School Ordinance; 4. The land to the extent of three acres held by or for the use of any church and occupied by a building used for church purposes; 5. The land in use as a public cemetery not exceeding twenty- five acres; 6. All land belonging to the municipality when held for the public use of the municipality; 7. The land of agricultural societies organized under The Agricultural Societies Ordinance; 8. All lands used by any iastitution for hospital purposes and not for any other purpose for hire or reward not exceeding two acres except such part as may have any other buildings thereon. 351. As soon as may be in each year but not later than the, first day of June the assessor shall assess every person the owner or occupant of land in the municipality and shall prepare an assessment roll in which shall be set out as accurately as may be — (a) The name of the owner of every lot or parcel of land in the municipality, which is liable to assessment, and the name of the occupant of any lot or parcel of land within the municipality, whose interest is liable to assessment, and the post office address, if known, of every such owner or occupant. 1913 (1st Session), c. 7, s. 30; 1913 (2nd Session), c. 21, s. 19. (b) A brief description of each such lot or parcel of land, the number of, acres which it contains and the assessed value thereof. (2) Such assessment roll shall be as in the form following or to the like effect or in such form as may be prescribed from time to time by the Minister. 1914, c. 9, s. 17. 1064 HUBAL MUNICIPALITIES Cap. 3 1911-12 •0^ {jdigoa'a praj; ^unotnv siBi^tnj aoi^oii XBX JO vi'sa IB^ox 1 sxeauy 10} XBX p^ox XiB-jaJoag JO qBr'nni 80i:>o^ 3nnre]/\[ JO av^CL 1 a^jBH I'Eq.ox 1 a^BJBdag »nqM §3 8in;>naqaQ [BJauaQ ^u'Bdnooo JO ssajppv -0 d (fuBdnooQ JO araB^ lauj&Q JO ssajppv -0 "oE J8UM0 JO 9HIB^ pUBI JO aniBA. passasgy saJDV JO "0^ 1 1 § rt H 03 •08g JO -^i d 1065 1911-13 Mode of Cap. 3 RURAL MUNICIPALITIES 353. Land shall be assessed at its actual cash value as it would be appraised in payment of a just debt from a solvent debtor, exclusive of the value of any buildings erected thereon or of any other increase in value caused by any other expenditure of labour or capital thereon. If the value at which any specified land has been assessed appears to be more or less than its true value, the amoimt of assessment shall nevertheless not be varied on appeal if the value at which it is assessed bears a fair and just proportion to the value at which lands in the immediate vicinity of the lands in question, are assessed. 1913 (1st Session), c. 7, s. 31. Provisions for hamlet 353. If at the time of the preparation of the assessment roll there exists in the municipality any hamlet it shall be the duty of the assessor to assess every person the owner or occupant of laaxd in such hamlet; and the assessor shall enter in the assess- ment roll — 1. The name and post office address, if known, of the owner or (if occupied) the occupant of each lot or parcel of land in the hamlet which is not exempt from taxation; 2. A brief description of each lot or parcel of land and the value thereof. Information for assessor Penalty Where owner is unknown 354. It shall be the duty of every person whose land'is assessable to give the assessor all information necessary to enable him to make up the roll; but no statement made by any such person shall bind the assessor or shall excuse him from making inquiry as to its correctness. (2) Any person who refuses upon demand to give such informa- tion to the assessor or wilfully furnishes to the assessor false information shall be liable on summary conviction to a penalty not exceeding $10. 355. If the assessor does not know and cannot after reasonable iuquiry ascertain the name of the owner of any unoccupied lot or parcel of land in the municipality the same shall be deemed to be duly assessed if entered on the roll with a note stating that such owner is unknown. Fraudulent assessment 356. If any assessor makes fraudulent assessment or wilfully or fraudulently inserts in the assessment roll t"he name of any person who should not be entered therein or wilfully or fraudulently omits the name of any person who should be inserted thereiu or wilfully neglects any duty required of him by this Act he shall be liable to a penalty not exceeding $100. Mailing of notice 357. Upon the completion of the assessment roll as provided in section 251 hereof the assessor shall forthwith mail to each person whose name and address appear on the roll a notice of his assessment and the entry of the date of the mailing of suoh notice followed by the initials of the assessor shall be -prima facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the assessor and the absence of such date and initials shall be ■prima fade evidence that the person's address is unknown. 1066 EUHAL MUNICIPALITIES Cap. 3 1911-13 (2) When all of the said notices are mailed as herein provided the assessor shall forthwith transmit the said roll to the secretary of the municipality. 358. The assessor shall also within two weeks after the com- Posting of pletion of the said roll post up a notice in the following form""**™ which notice shall be posted in the manner provided by section 100 hereof. "The Rural Municipality of No ^°™ Assessment Roll, 19 ... . "Notice is hereby given that the assessment roll of the Rural Miroicipality of No for the year 19 ... . has been prepared and is now open to inspection at the office of the secretary of the municipality from ten o'clock in the forenoon until four o'clock in the afternoon on every day not a pubUc holiday except Saturday (and on that day from ten o'clock in the forenoon until two o'clock in the afternoon) and that any ratepayer who desires to object to the assessment of himself or of any other person must within twenty days after the date of this notice lodge his complaint in writing with the secretary of the municipality. "Dated this day of . ... ; 19. . A.B., Assessor." 359. Every notice of assessment given a,s provided by section Notice of 257 hereof shall be in such form as may be prescribed from time*^^'^™™' to time by the Minister; and every such notice shall contain a statement of the last date upon which complaints may be lodged with the secretary of the municipality as fixed by the public notice under section 258 hereof. 360. No assessment shall be invalidated by reason of any Error in error, omission or misdescription in any assessment notice or^™^^^^ by reason of the nonreceipt of such notice by the person to whom notice it was addressed. 361. If any person thinks that he or any other person has complaints been wrongly assessed or assessed too high or too low or that||J™^ . his name or the name of any other person has been wrongly '^^'^^^ inserted in or omitted from-the roll he may within the time limited as aforesaid lodge a complaint with the secretary of the muni- cipality and every such complaint shall contain a post office address to which any notice required may be sent to the complainant. 363. Every such complaint shall be in the following form: Form of "To the secretary of the Rural Mnuicipality of appeal"' No "Sir, — I hereby appeal against assessment (or nonassessment) of on the following grounds (here state grounds of appeal). "Dated this. day of 19 CD., ' Appellant." 363. The secretary shall forthwith notify every such appellant Notice of and every other person whose assessment is aflfected or mav*"^""* 1067 1911-13 Cap. 3 BUBAL MUNICIPALITIES When meeting held Time of notice Court of revision List of appeals Clerk Proviso be affected thereby of the time and place of the sittings of the council to hear the said appeal. 264. The council shall not call a special meeting to hear such appeals but the same shall be heard at the first regular meeting the date of which will allow the giving of the length of notice herein provided for. 365. Every such notice shall be mailed by registered post to the post ofiice address of such person, if any, entered on the assessment roll indicated ia the notice of complaint at least fifteen days before the sitting of the council unless such person resides within the municipality in which case the secretary- treasurer shall cause the said notice to be served at such residence or so posted at least ten days before the sitting of the council. 366. The council shall be the court of revision for revismg the assessment roll. 367. Before the sittiags of the council the secretary shall prepare a list of the appeals in the following form which list shall be posted at the. office of the secretary and shall continue so posted during the sittings of the council: "Appeals to be heard by the council of the Rural Municipality of No on the day of .,19.... Appellant Respecting whom Matter complained of A.B. CD. G.H. etc. Self E.F. J.K. etc. Overcharged on land Name omitted Not bona fide owner or tenant, etc. 368. The secretary shall be the clerk and secretary of the council m connection with assessment appeals. (2) The clerk may when reqmred so to do issue a summons to any person to attend as a witness at the court of revision; and if any person so summoned having been tendered compensation for his time at the rate of $1 per day and mileage at the rate of ten cents per mile (both ways) where a railway is not available or actual railway fare (both ways) where a railway is available, disobeys such summons he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50: Provided however that the coimcil hearing the appeal may for good and sufficient reasons excuse such persons from attending before it and in such event no penalty shall be incurred by reason of such nonattendance. Conduct of hearing Non- appearance 369. The appeals shall be heard as far as possible in the order in which they stand upon the said list; but the coxmcil may adjourn or expedite the hearing of any appeal. 370. If the appellant or any other person whose assessment is affected or may be affected by the result of the appeal fails to appear in person or by an agent the council may proceed in his absence. 1068 BUBAL MUNICIPALITIES Cap. 3 1911-12 371. It shall not be necessary to hear upon oath the com-hvidence plainant or assessor or the person complained against except where the council deems it necessary or proper or where the evidence of the person is tendered on his own behalf or is required by the opposite party. (2) All oaths necessary to be administered to witnesses giving evidence before the coimcil may be administered by any member of the council hearing the appeal. 373. All the duties of the council as a court of revision shall Termmitioii be completed by the first day of August and no appeal to the council shall be heard after that date except as provided in section 289 hereof. 1914, c. 9, s. 18. 373. Forthwith after the conclusion of the sittings the secretary Amendment shall amend the assessment roll in accordance with the decisions"'"" of the council; every such amendment shall be made in ink of a different colour from that of the original roll and shall be verified by the initials of the secretary. 374. The roll with any amendments made as aforesaid shall Adoption be the assessment roll of the municipality: Provided that there shall be a right of appeal from the decision of the council to the judge of the District Court of the judicial district within which the municipality is wholly or partly situated, or in case portions .of the municipality are situated within more than two judicial districts to the judge of the District Court of any such judicial district. 375. The council may at any time correct any gross and^/"^^™ palpable errors in the roll and any corrections so made shall be initialled by the secretary. APPEAL PHOM COURT OF EEVISION TO JUDGE. 376. An appeal to the judge shall lie not only against the Appeal iie« decision of the court of revision on an appeal but also against *° '"'^'" the omission, neglect or refusal of the said court to hear or decide an appeal to it. 377. The person appealing shall, in person or by agent, serve Notice of upon the secretary of the municipality personally within eight ''^"^ days after the decision of the court of revision or in case of the omission, neglect, or refusal of the said court to hear or decide an appeal to it before the niath day of August in any year, a written notice of his intention to appeal to a judge. 1913 (1st Session), c. 7, s. 32; 1914, c. 9, s. 19. 378. The secretary shall immediately after the time limi ted Secretary to for filing notices of appeal forward a list of the same to the judge ''' of the District Court for the judicial district in which the mimi- oipality is wholly or partly situated; and such judge shall fix a day and place for the hearing of such appeals. 379. The secretary shall thereupon give notice to all parties Notice to appealed against in the same manner as is provided for giving""*'^ notice on a complaint; but in the event of failure by the secretary 1069 1911-13 Cap. 3 RURAL MUNICIPALITIES Notice of appeals Clerk of court Adjournment of court Production and amendment of roll Witnesses Costs Taxation to have the required service in any appeal made or to have the same made in proper time the judge may direct service to be made for some subsequent day upon which he may sit. 380. The secretary shall cause a conspicuous notice to be posted up in his office containing the names of all the appellants and parties appealed against with a brief statement of the groimd or cause of appeal together with the time and place at which a court will be held to hear appeals. 381. The secretary shall be the clerk of such court. 383. At any court so holden the judge shall hear the appeals and may adjourn the hearing from time to time and defer judgment thereon for a period not exceeding one month from the date of the hearing of such appeal. 383. At the court to be holden by the judge to hear the appeals the secretary of the municipality shall appear and produce the assessment roll and all papers and writings in his custody connected with the matter of appeal and such roll shall be altered and amended according to the decision of the judge, if then given, who shall write his initials opposite- any part of the said roll in which any mistake, error or omission is corrected or supplied; and if the decision is not then given the secretary of the muni- cipality shall when the same is given forthwith alter and amend the roll according to the same and shall write his name opposite every such alteration or correction. (2) In all such proceedings the judge shall possess all such powers for compelling the attendance of and for the examining on oath of all parties whether claiming or objecting or objected to and all other persons whatsoever and for the production of books, papers, and documents and for the enforcement of his orders, decisions and judgments as belong to or might be exercised by him in the District Court. 384. All process or other proceedings in about or by way of appeal may be entitled as follows: "In the matter of appeal from the court of revision of the Rural Municipality of "Between: A.B., Appellant, and CD., Respondent." 385. The costs of any proceedings before the judge as aforesaid shall be paid by or apportioned between the parties in such manner as the judge thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the District Court or in the same manner as upon an ordinary judgment for costs in such court. 386. The costs chargeable or to be awarded in any case shall be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allowance in the District Court for such costs; and in case where execution issues the costs thereof as in the like court and of enforcing the same may also be collected thereunder. 1070 RURAL MUNICIPALITIES Cap. 3 1911-13 387. The decision and judgment of the judge shall be final Pg'g^Ojf and conclusive in every case adjudicated upon. 388. If at any time before the fifteenth day of September Couneu may it is discovered that any person liable to assessment is not assessed addition to rou or that there is any error in any of the particulars contained in the roll the council may direct the secretary to enter the name of such person on the roll or to correct the error and every such entry or correction shall be dated and initialled by the secretary. 1914, c. 9, s. 20. 389. In the event of any such addition to or correction of Notice to the roll without the knowledge or consent of the person or persons aiJected by affected thereby a notice as required by section 257 hereof shall of^ou''™ b3 mailed by registered post to the post office address of such person or persons by the secretary; and every such person shall be given every reasonable opportunity to complain or appeal against the said assessment and all complaints and appeals so made shall be heard and determined as nearly as may be in the manner provided by this Act. 390. When the roll is finally completed the secretary shall Bmding effect over his signature enter at the foot of the last page of the roUrou""'" the following certificate filling in the date of such entry: "Roll finally completed this day of ; . . . . 19 . ..." ; and the roll as thus finally completed and certified to shall be valid and bind all parties concerned subject to amend- ment on appeal to the court of revision and to further amendment on appeal to the District Court judge notwithstanding any defect or error committed in or with regard to such roll or any defect, error or misstatement in any notice required by this Act or any omission to defiver or to transmit any such notice. 391. A copy of the roll or of any portion thereof written or Evidence printed without any erasure or interlineation and under the"*"" seal of the municipality certified to be a true copy by the secretary shall be received as prima facie evidence in any court of justice without tha production of the original assessment roU. TAXATION. 393. The council of every municipality shall as soon as practic- Estimates able in each year prepare in detail an estmate of the probable expenditures of the municipality for the year and such estimates shall include the simi or sums required to repay any temporary loan or to meet any debenture coupons which may fall due during the year. 393. Upon the completion of the said estimate the secretary Levy of rate shall lay before the coimcil the revised assessment roll of the municipality for the year certified to as provided by section 290 hereof and the council shall by resolution authorize the treasurer of the municipality to levy upon all lands entered in the said roll such tax at a uniform rate on the dollar as shall be deemed sufficient to meat the said estimate of expenditures; and in fixing the said rate the coimcil shall make due allowance for the nonpayment of taxes. 1071 1911-13 Cap. 3 RtJEAL MUNICIPALITIES TTniform rate of taxation School rates . 394. The miiform rate of taxation to be authorized by the council as provided in the next preceding section shall not in any one year exceed one per cent, of the assessed value of the land shown on the last revised assessment roll: Provided that in the case of any municipality which has raised a loan by way of debentures the council may in any year if deemed advisable increase the said maximum rate by such additional rate as shall be sufficient to meet any debenture coupons that may be accruing due during the year: Provided further that in the case of any municipality, which forms part of a hail insurance district, the council may in any year, if deemed advisable, increase the said maximum rate by such additional rate as shall be sufficient to meet any payment required to be made to the secretary-treasurer of such hail insurance district: Provided further that taxes imposed at any time imder The Local Improvement Act upon lands within the municipality may be collected by the municipality and when so collected shall form part of the general revenue of the municipality. 395. In case any municipality includes- within its limits the whole of any rural school district erected under The School Ordinance, which has not been declared a village or town district for purposes of assessment, as provided by The School Assessment Ordinance, it shall be the duty of the council through its proper officers notwithstanding anything to the contrary in The School Assessment Ordinance to impose and collect such rates on the land and other property of the persons Hable to assessment for school purposes in such district as will meet the estimated expenditure set forth in the resolution of the trustees of the district, and such rates and taxes shall be collected in the same manner as all other rates and taxes of the municipality. 1913 (1st Session), c. 7; s. 33; 1914, c. 9, s. 21. (2) If any rural school district lies in more than one municipality, the secretary-treasurer of each municipality, shall each year on the completion of the assessment roll, furnish the board of trustees with a list of the assessable lands of the district in the muuiicipality, and the said board shall before the first day of March in each year, prepare a detailed estimate of the expenditure tor the year, and a cash valuation of all the assessable lands of the district in each municipahty. The estimated expenditure shall be divided among the municipalities on the basis of this valuation and the council of each advised thereof, and such amounts shall be levied and collected by the municipalities in the same manner as municipal taxes. 1913 (2nd Session), c. 21, s. 20; 1914, c. 9, s. 21. (3) If any rural school district is situated partly within the botmdaries of one or more mxinicipalities and partly outside the boundaries of any municipality the board of trustees in such district shall before the first day of March in each year prepare a detailed estimate of the probable amoimt of the expenditure for the year and shall determine, having regard to the amount and value of the assessable land lying outside of the boundary of any such municipality, the amount to be contributed from each municipality for the purposes of the school district and shall forward a requisition to the coimcil of such municipality who shall levy such rate and collect the sam6 in the same manner 1072 EUEAL MUNICIPALITIES Cap. 3 1911-13 as municipal taxes and pay the same to the board of trustees of such school district forthwith after collection. 1914, c. 9, s. 21. (4) The board of trustees of such rural school district shall strike a rate and levy the taxes upon the lands in the part of the district not included within the boimdary of any municipality. Such taxes, shall be imposed upon such property as would be liable to assessment and taxation, if such portion of the school district were within the boundaries of the rural municipality and all the provisions in regard to the levying of assessment, the imposition of taxes including the provisions in regard to appeals, distress for taxes, recovery of taxes by suit, and forfeiture for nonpayment of taxes in this Act contained shall apply to such assessment and collection of taxes in such portion of any school district. 1914, c. 9, s. 21. (5) Where any such rural school district has been organized during the then current year, the duties imposed upon the board of trustees by this and the next foUowiag section shall be performed within one month from the date of such organization and in any case where the estimate of the board of trustees has not been received before the completion of the tax roll the council shall impose such special rate as will meet the amount of such estimate and shall levy and collect such rate in the same manner as other municipal rates and taxes. 1914, c. 9, s. 21. 396. On or before the first day of March in each year the Demand board of trustees of every such rural school district shall transmit JjJ™^''^""' to the treasurer of each mimicipality in which the district is ""^ ™ situated in whole or in part as by section 295 provided — (a) A map or plan showiag the area and the boundaries of the said district; (&) An estimate of the expenditure of the district for the year; 1915, c. 16, s. 5. (c) A certified copy of a resolution of the board of trustees setting forth the amount estimated to be required for school purposes. 1913 (2nd Session), c. 21, s. 21; 1914, c. 9, s. 22; 1915, c. 16, s. 5. 397. On or before the first day of September in each year Tax roii the treasurer of every municipality shall enter ia the assessment roll for the year in the several columns provided for the purpose as shown in the form contained in section 251 hereof a statement of all taxes levied against each lot or parcel of land assessed as shown by the said roll and every such statement when completed shall show — (o) The rate on the dollar levied by the municipality to meet the estimated expenditures of the municipality as heretofore provided; (h) The rates to be levied by the treasurer on the land of the school districts situated in the municipality, as in section 295 prpvided; 1913 (2nd Session), c. 21, s. 22. (c) The sum total of the rates levied against each lot or parcel of land; (d) The total taxes due for the current year on each lot or parcel of land; (e) The arrears of taxes levied xmder any authority due on each lot or parcel of land; (/) The sum total of all taxes due on each lot or parcel "of land- 1073 1911-13 Cap. 3 RURAL MUNICIPALITIES Minimum municipal tax Minimum school tax • (g) The rate fixed by The Edueational Tax Act on lands outside of organized school districts. 1913 (2nd Session), c. 21, s. 22. (2) In the event of the tax payable on any lot ia any sub- division or plan, or on any fraction of a quarter section under this section for the purposes of the municipality being less than twenty-five cents, the tax to be entered on the roll as payable for such purposes shall be twenty-five cents. 1913 (2nd Session), c. 21, s. 23; 1914, c. 9, s. 23; 1915, c. 16, s. 6. (3) In the event of the tax payable on any lot in any sub- division or plan, or on any fraction of a quarter section under this section for school purposes being less than twenty-five cents, the tax to be entered on the roll as payable for such purposes shall be twenty-five cents. 1913 (2nd Session), c. 21, s. 24; 1914, c. 9, s. 23; 1915, c. 16, s. 6. (4) In case of land held under grazing lease or permit from the Government of Canada the tax- payable on any quarter section or portion thereof for the purposes of the municipality shall not exceed $1.20. 1914, c. 9, s. 23. (5) In the case of land held under grazing lease or permit from the Government of Canada no tax shall be payable on any quarter section or portion thereof for school purposes under this Act. 1914, c. 9, s. 23. Mailing tax notice 398. The treasurer sliall mail to each person whose name appears on the assessment roll and to the address shown therein notice of the amount of taxes due by such person in respect of the land for which he is assessed; and the entry of the date of mailing each such notice followed by the initials of the treasurer on the roll shall be -prima facie evidence of the mailing of the notice on the date entered without proof of the appointment or signature of the treasurer and the absence of any entry of , such date and initials shall be prima facie evidence that the person's address is unknown. (2) Every such notice shall show the property assessed, the several rates of taxation for the current year as hereinbefore mentioned, the total taxes levied for the current year, the arrears of taxes and the total taxes due and shall be in such form as may from time to time be approved by the Minister. Taxes, when due 399. All taxes levied under the provisions of this Act, except as otherwise provided, shall be deemed to be due on the first day of January in the year in which they are imposed and shall be payable at the office of the treasurer of the municipality. Taxes a lien on land 300. The taxes accruing upon or in respect of any land not exempt from taxation in the municipality shall be a special lien upon such land having priority over any claim, lien, privilege or encumbrance thereon except claims of the Crown. 1913 (1st Session), c. 7, s. 34. Penalty for nonpayment of taxes 301. In the event of any taxes remaining unpaid after the fifteenth day of December of the year for which the same are levied there shall be added thereto by way of penalty a sum equal to five per centum of the amount of taxes remaining unpaid and in the event of any taxes or any part thereof remaining unpaid on the first day of July next following there shall be 1074 HURAL MUNICIPALITIES Cap. 3 1911-13 added thereto by way of penalty an additional sum equal to five per centum of the amount oi such taxes at that date remaining unpaid and the same additional sum shall be added thereto ia the same manner upon any taxes remaining xmpaid half-yearly upon the first days of January and July in each year following; and such amoimt or amounts so added shall form a part of the taxes which by section 300 hereof are created a special lien upon the land; nothing in this section contained shall be construed to extend the time for payment of the said taxes nor in any way to impair the right of distress or any ether remedy provided by this Act for the collection of the said taxes. 1915, c. 16, s. 8. 303. The treasurer shall enter with the date of receipt allR«^«pJ^^ amounts paid him for taxes on the assessment roll opposite the taxes lot or parcel of land for which such payment is made and he shall issue an official receipt for every such payment in such form as may from time to time be approved by the Minister. 303. The treasurer shall upon the written request of any Arrears person assessed who pays only a portion of the taxes due by^'j^"^"^® him credit such person in the assessment roll as haviug paid such payment taxes as such person may select provided that if arrears of taxes are due by such person the taxes received shall first be applied in pajTnent of such arrears. 304. In case any person only pays a portion of the taxes Arrears due by him and such person does not as provided in the next ^^^J^*"^^ precediag section signify the manner in which ■ such taxes are payment to be applied the treasurer shall first apply such taxes in payment of any arrears due by such person and the remainder of the taxes so paid, if any, shall be applied in payment of the taxes levied for the current year as the treasurer may direct. 305. In case any person fails to pay the taxes assessed against Distress him within thirty days from the maiUng of the tax notice proTnided'"'' '""^^ by section 298 hereof the treasurer may by himself or his agent levy the same with costs by distress in the same manner as the landlord may recover rent in arrears — 1. Upon the goods or chattels belonging to or in the possession of the owner or occupant of the land whose name appears on the roll and who is hereinafter called "the person taxed"; or 2. Upon the interest of the person taxed in any goods found on the land including his interest in any goods to the possession of which he is entitled under a contract for purchase or under a contract by which he may become the owner thereof upon performance of any condition; or 3. Upon any goods or chattels of the owner of the land although the name of such owner does not appear upon the roll; or 4. Upon any goods and chattels on the land where the title to such goods and chattels is claimed in any of the ways following: (a) By virtue of an execution against the person taxed or against the owner though his name does not appear on the roll; or (6) By purchase, gift, transfer or assignment from the person taxed or from such owner whether absolute or in trust or by way of mortgage or otherwise; or 1075 1911-13 Cap. 3 RURAL MUNICIPALITIES (c) By the ynie, husband, daughter, son, daughter-in-law, or son-in-law of the person taxed or of such owner or by any relative of his in case such relatiye live on the land as a member of the family; or (d) By virtue of any assignment or transfer made for the purpose of defeating distress. (2) The treasurer shall by advertisement posted up in at least five widely separated conspicuous places in the municipality give at least ten days' public notice of the time and place of sale and the name of the person if known for payment of whose taxes the property is to be sold and the time named in the notice the treasurer or his agent shall sell at pubhc auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes due with all lawful costs including $2 for posting notices. (3) If the property distrained has been sold for more than the amount of taxes and costs and if no claim to the surplus is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (4) If the claim is contested such surplus money shall be paid over by the treasurer to the clerk of the District Court for the judicial district within which such municipality is wholly or mainly situated; or if portions of the municipaUty are situated within more than two jucUcial districts to the clerk of the District Court of any such judicial district. Suit for taxes 306. Any taxes or arrears of taxes due to the municipality or levied by it may be recovered by suit in the name of the mimi- cipality as a debt due to the municipality; in which case the assessment roll shall be prima facie evidence of. the debt. (2) For the purposes of this section all taxes, shall be deemed to be due on the day on which the tax notices provided by section 298 hereof were mailed as shown by the assessment roll. Taxes on areii 307. All taxcs due ou any land included in a municipality ^tge * but which may thereafter be withdrawn therefrom and comprised within the limits of a village, town or city shall continue to remain as taxes due to the municipality; and for the purposes of the collection of such taxes the said land shall be deemed to be in the municipality and all the provisions of this Act with respect to the collection of such taxes shall apply: Provided that in the case of such taxes due on land comprised within the limits of a village the treasurer of such municipality shall as such taxes are collected pay over to the council of the village one-half of the amounts received. Deiicieucy in school taxes to be made up from general fund 308. It shall be the duty of the council to pay to each rural school district the amount of the total estimate transmitted by the school board under the provisions of section 296 hereof in quarterly instalments commencing with the thirty-first day of March in each year; provided, however, that in any case where the quarterly instalment is not sufficient to meet the 1076 RURAL MUNICIPALITIES Cap. 3 1911-13 immediate requirements of the school board, the council shall be required to pay to the school board on demand the addi- tional amount required. (2) In the event of the council failing to pay to the rural school district the amount required from time to time for school purposes, such amounts shall become a debt due, owing and payable by the municipality to each rural school district; provided, however, that such debt may not be recovered by suit at law on behalf of any person unless permission to enter such suit is granted by the Minister of Education. 1913 (1st Session), c. 7, s. 35; 1915, c. 16, s. 9. FORFEITURE OF LAND FOR NONPAYMENT OP TAXES. 309. The treasurer of every municipality shall during the Tax month of January in each year prepare a separate statement J^u™"*"* to be known as "The Tax Enforcement Return"; and the treas- urer shall enter in such return the following information in the columns provided for the purpose: 1. The name and post office address of each person whose name appears on the last revised assessment roll of the municipality and who has not paid all taxes due by him to the municipality for the year next preceding the preparation of the said return or for any former year; 2. A description of each lot or parcel of land for which each such person is assessed and the value thereof; 3. A statement of the taxes due by each such person on each lot or parcel of land for which he is assessed including the taxes of the next preceding year and showing the years for which all such taxes were levied. 310. When duly prepared as provided in the next preceding Audit of tax section the treasurer shall submit the tax enforcement return ^^^^°"™* to the auditor of the municipality who upon auditing the same and upon being satisfied that the said return is correct shall endorse thereon the following statutory declaration: "I, , auditor of the Rural Municipality of No , hereby solenmly declare that I have audited the above return and that to the best of my knowledge and belief it is correct in every particular. "And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made imder oath and by virtue of The Canada Evidence Act. "Declared before me at this day of. 19. Avditor. A Comr., J. P. or N.P." '311. The said return as thus verified by the auditor of the Return to municipality shall for all purposes be prima fade evidence of/,fX""° the validity of the assessment and imposition of the taxes as®'"'^™"^ shown therein and that all steps and formalities prescribed by this Act have been taken and observed. 1077 1911-12 Cap. 3 HXJBAL MUNICIPALITIES Treasurer to collect arrears Court of confirmation of the said return Notice of confirmation court 313. The lands shown on the said return shall continue liable to assessment and taxation in the same manner as other lands in the municipality unless and until they become vested in the municipality as hereinafter provided and the treasurer shall continue to collect arrears of taxes due to the municipaUty as shown by the said return and all taxes accruing due after such date, including any penalties imposed uijider the provisions of section 301 hereof, and upon receipt of any such payment he shall enter in the return the. amount paid followed by his initials and the date of payment. 313. On the application of the treasurer of the mimicipality or some solicitor authorized by the council to the judge of the District Court within whose judicial district the municipality is wholly or partly situated such judge may appoint a time and place for the holding of a court of confirmation of the said return notice of which shall be published in every issue of The Alberta Gazette for two months and once each week for at least eight weeks in such newspaper published in the vicinity of the lands entered on the said return as shall be named by the judge. (2) If portions of any mimicipality are situated in more than two judicial districts the judge of the District Court of any such judicial district shall have jurisdiction imder the provisions of this siection. 314. A notice of the time and place fixed for confirmation of such return shall be sent by registered mail by the treasurer of the mimicipality at least sixty days prior to the time so fixed to each person who appears by the records of the land registration district within which the lands lie or by the said return to have any interest in the lands mentioned in the said return in respect of which confirmation is desired and whose post oflBce address is shown by said records or return; and the entry against such lands in the said return of the date of mailing such notice together with the signature or initials of the treasurer shall without proof of the appointment or signature or initials of the treasurer be prima facie evidence that the required notice was duly mailed on the date so entered. Such notice shall be in the following form: "In the matter of the court of confirmation of the tax enforce- ment return of the Rural Municipality of "Take notice that His Honour Judge , judge of the District Court of the District of has appointed the day of 19 .... , for the holding of the court of confirmation to confirm the tax enforcement return of the Rural Municipality of "And further take notice that you appear to have an interest in (here insert fvll description of the land mentioned in the said fax enforcement return). Dated the dav of 19 ... . Payment of arrears after date fixed for confirmation of retiu*n Secretary-Treasurer of the Rural Municipality of " 1913 (1st Session), c. 7, s. 36; 1914, c. 9, s. 24. 315. If after the date for confirmation has been fiixed as provided for by section 213 hert of btit before the court of confir- mation has been held, any person interested in any parcel of 1078 KUKAL MUNICIPALITIES Cap. 3 1911-13 land contained in the return presented to the judge for confirmation desires to pay the taxes due upon such land as shown by the said retum,.such person may do so on condition that he pays in addition thereto the amount chargeable against such parcel of land for costs of application to the judge, advertising, postage, and all other expenses in connection -with such proceedings, and any sum so paid shall form part of the general revenue of the muni- cipality. 1915, c. 16, s. 10. 316. At the time and place appointed as hereinbefore provided HeMmg.of ^^^ the judge shall hear the application arid also any objecting parties confirmation and the evidence adduced before him under oath and thereupon"^™""" adjudge and determine whether or not the taxes imposed respectively upon each lot or parcel of land included in the tax enforcement return were either wholly or in part in default and report the adjudication to the treasurer of the municipality and shall also confirm the said return as to those lands on which any taxes are determined to be in arrea,rs, naming the amoimt of such arrears and adding thereto a reasonable amount for the expenses of advertising, postage and other work in connection with the tax enforcement return together with such amoimts as he may fix for the costs of the application; and the effect of such adjudication when registered as hereinbefore provided for shall be to vest in the municipality the said lands freed from all liens, mortgages and encumbrances of every natm^e and kiiid whatsoever subject, however, to redemption by the owners respectively of the said lands at any time within one year from ^osts of the date of the adjudication by payment to the treasurer of the ademption municipaUty of the amounts named including expenses as aforesaid together with any taxes which may have accrued on the said lands since the date of such adjudication including any penalties imposed imder the provisions of section 301 hereof. 1913 (1st Session), c. 7, s. 37; 1914, c. 9, s. 25; 1915, c. 16, s. 1,0, (2) In the event of any person successfully opposing confir-suooeasjui mation of the said return as to the land in which he is interested °pp^°^„*^ the judge may order an allowance to him as witness fees to be paid by the municipality. (3) A copy of such adjudication certified by the treasurer ^opy of shall be forwarded by registered mail to the registrar of titles adjudication of the land registration district in which the lands named in thejej^tered adjudication or any of them are situated; and it shall be the duty of the registrar to register the same against the lands therein named. (4) A copy of such adjudication shall also be sent by registered Copy of mail to the persons to whom by section 314 hereof notice of theto^rent™ time and place fixed for confirmation of the return is required J"/'' to be sent and such persons or any of them shall be entitled topei^M* redeem the lands as hereinafter provided. (5) The treasurer of the municipality shall after the expiration Publication of ten months and before the expiration of eleven months from?'?°.*^<^°' the date. of such adjudication cause to be published in The Alberta ° *'*"* Gazette and also in a newspaper pubUshed within the municipahty or if there is no newspaper published within the municipality, in the newspaper published nearest thereto, a notice stating that the land named therein has been forfeited for nonpayment of taxes and stating the time at which the period of redemption 1079 1911-lS Cap. 3 RURAL MUNICIPALITIES provided by law will expire; and shall also not less than 30 days and not more than 60 days before the time at which the period of redemption provided by by-law shall expire, send a copy of such notice by registered mail to the persons to whom by section 314 hereof notice of the time and place fixed for confir- mation of the return is required to be sent. 1915, c. 16, s. 12. (6) Such clause shall be in the following form: "Take notice that the tax enforcement return of the Rural Municipality of was confirmed in respect of the herein described lands at the court of confirmation held at on the day of 19 .... , and unless such lands are redeemed on or brfore the day of 19 .... , the same will be absolutely for- feited for nonpayment of taxes. "Dated this day of 19. . . . Secretary-Treasurer of the Rural Municipality of 1913 (1st Session), c. 7, s. 37 "You appear to be iaterested in the following lands (here insert full description of the lands). The amount required to redeem this parcel is $ , made up as follows: "Amount due as shown by tax enforcement return $ "Taxes accrued since that date $ "Expenses of advertising, etc $ "Costs $ "Redemption fee. $ " Payment of 317. When the taxes on any parcel of land together with treMurer after the sxpeuses and redemption fee provided for in section 316 confirmation hereof havc been paid to the treasurer within one year from the date of the said adjudication the treasurer shall issue to the person paying the taxes a certificate in the form following Verified by an affidavit of attestation in the form foUowrag which certificate shall on presentation to the registrar of the land registration district in which the lands named are situated be registered by him free of charge and the said certificate when so registered shall discharge and release the said land for the said adjudication ^nd the effect thereof. 1913 (1st Session), c. 7, s. 38. "The Rural Municipality Act. "Certificate of Redemption. "This is to certify that the following lands, viz.: as to which an adjudication under the provisions of section 316 of The Rural Municipality Act bearing date the day of was made by His Honour , judge of the District Court of the judicial' district of in the Province of Alberta, have been, under the provisions of the said section, redeemed and the said lands are therefore discharged and released from the said adjudication and the effect thereof. "Dated at this day of 19 "Witness " 1080 HUBAL MUNICIPALITIES Cap. 3 1911-13 "Affidavit of Attestation. "Canada: Province of Alberta. To Wit: "I, : of in the Province of Alberta, (occupation) mak3 oath and say: "1. That I was personally present and did see named in the within instrument who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein. "2. That the same was executed at the of in the Province of Alberta, and that I am the subscribing witness thereto. " Sworn before me at of in the Province of Alberta this day of A.D. 19 A J. P., Comr., or N.P {or as the case may be.) " 318. If after the expiration of one year from the date of the issue of said adjudication the taxes which had accrued due to that date of title'*' both before and after the date of adjudication together with any penalties imposed under the provisions of section 301 hereof and the expenses and redemption fee as provided in section 316 hereof have not been paid to the treasurer the registrar on the written application of the treasurer shall issue a certificate of title under the provisions of The Land Titles Act in favour of the municipality freed from all hens, mortgages and encumbrances of every nature and kind whatsoever. 1913 (1st Session), c. 7, s. 39. (2) Such application shall be in the following form: " The Registrar of the Land Registration District. "The Rura^ Municipality of hereby makes apphcation to be registered as owner of (here insert full description of land) being land as to which the tax enforcement return of the said rural mvmicipality was confirmed at the court of confirmation held on the day of 19. . . . and which has not been redeemed. "Dated this day of 19. . . . Secretary-Treasurer of the Rural Municipality of 1913 (1st Session), c. 7, s. 39 " (3) Every such application shall be accompanied by a statutory declaration by the secretary-treasurer of the rural municipality in the following form: "In the matter of The Rural Municipality Act and in matter of an application of the Rural Municipality of for the issue of a certificate of title to (here insert full description of the land) . "I, , the Secretary-Treasurer of the Rural Municipahty of make oath and say: "1. That I have knowledge of the matters hereinafter deposed to. ^ 1081 1911-13 Cap. 3 RURAL MUNICIPALITIES Forfeited land may be sold "2. That the court of confirmation held at .... ; on the day of the tax enforcement return of the said rural municipality was confirmed in so far as such tax enforcement return affects these lands. "3. That the notice hereto annexed was, after the expiration of ten months and before the expiration of eleven months published in The Alberta Gazette and was pubhshed in, the (the newspaper published in the village or having a circulation in the village, as the case may be). "4. That a similar notice and also a statement showing the amount required to redeem such lands was mailed not more than sixty days nor less than thirty days before the expiration of the time limited for redemption to each person appearing by the record in the land titles office for this land registration district to have any interest in such land. " Sworn before me at in the Province of Alberta this day of 19 . . 1913 (1st Session), c. 7, s. 39. A Commissioner, etc." 319. Each parcel of land included in _ a certificate of title in favour of a rural mimicipality under section 318 hereof shall while same is owned by the rural municipaUty be assessed in the name of the rural municipality for all taxes required to be levied as if the same were assessed to an ordinary individual. 1915, c. 16, s. 15. 330. Any lot or parcel of land which becomes the property of the municipality in the manner provided by section 316 hereof may subject to the approval of the Minister be sold, leased or otherwise disposed of by the council of the municipaUty on such terms and conditions as it may fix. (2) Where any land has been sold under the provisions of this section, any balance remaining after the payment of all taxes, costs, charges, and expenses up to and including the date of such sale shall be paid by the municipality to the person as against whom such land was forfeited and such person may sue for and recover the same with costs in any court of competent jurisdiction. 1914, c. 9, s. 26. PART VIII. Miscellaneous. Penalties for non- performance of duties PENALTIES. 331. Any secretary, treasurer or other ofl&cer of a municipality who refuses, neglects or fails to discharge the duties of his office or who knowingly signs any false statement, report or return required by this Act or any law in force in the province or who refuses or neglects to hand over to his successor in office or such persons as may be designated in writing to him by the council or by the Minister all moneys, books, papers, and other property of the municipality in his possession in addition to any civil 1082 RURAL MUNICIPALITIES Cap. 3 1911-13 liability which he may incur shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $50. 333. All fines, penalties and forfeitures mentioned in this Recovery of Act may be recovered and enforced with costs on summary"™* '^ conviction before a justice of the peace unless otherwise provided. 333. All moneys accruing from fines or penalties under this Penalties to Act otherwise than from violations of municipal by-laws shall fevenulfS'nd unless otherwise provided belong to the general revenue f und °* p™"""^ of the Province of Alberta. ACTIONS BY AND AGAINST MUNICIPALITY. 334. Where duties,, obligations or liabilities are imposed ^1^^^^'° by law upon any person, company or corporation or where contracts or agreements are or have heretofore been created, enacted or validated by any statutes imposing such duties, obligations or liabilities the municipaUty "shall have the right by action to enforce such duties or obligations and the payment of such liabilities and to obtain as complete and full relief and to enforce the same remedies as could have been maintained, obtained and enforced therein by the Attorney General had he been a party to the said action as plaintiff or a plaintiff upon the relation of any person interested. 335. In case a by-law, order or resolution is illegal in whole Notice of or in part or in case anything has been done under it which by ^"Jj"?^'^^^^^^ reason of such illegality gives any person a right of action no such action shall be brought until one month has elapsed after the by-law, order or resolution has been quashed or repealed nor until one month's notice in writing of the intention to bring the action has been given to the municipaUty; and every such action shall be brought against the municipality alone and not against any person acting under the by-law, order or resolution. 336. In case the municipality tenders amends to the plaintiff Tender of or his solicitor if such tender is pleaded and if traversed, proved °''"™^ and no more than the amount tendered is recovered the plaintiff shall have no costs; but costs shall be taxed to the defendant on such scale as the presiding judge may direct and shall be set off against the amount recovered; and the balance due to either party may be recovered as in ordinary cases. (2) The council of any municipality upon any claim being made or action brought for damages for alleged negligence on the part of the municipality may tender or pay into court, as the case may be, such amount as they may consider proper compensation for the damage sustained; and in the event, of the nonacceptance by the claimant of such tender or of the amount paid into court,, and of the action being proceeded with, and no greater amount being recovered than the amount so tendered or paid into court, the costs of suit ' shall be awarded to the defendants arid set off against any amount recovered against them. 1083 1911-13 Cap. 3 RUBAL MUNICIPALITIES Disquaiifioation 337. No proceedings of the council or of any committee of nortp™ " the council or of any person acting as chairman or member of 'pro^ection certificate Certificate Province Regulations Department INTERPRETATION. 3. In this Act, unless the context otherwise requires, the expression — 1. "Boiler" means and includes any boiler carrying steam pressure, the engine or engines connected therewith, the pipes and connections and every part thereof or connected therewith, and all apparatus attached to or used in connection therewith for generation or storage of steam or air; but does not include boilers used for heating water for domestic purposes, nor for generating steam solely for the purpose of heating dwellings. 1914, c. 2, s. 17. 2. " Owner" means and includes any person, firm or corporation, the owner or lessee of a boiler, or the manager or other officer in charge of the business of any such firm or corporation; 3. "Engineer" means any person having charge of or operating a steam boiler or the engine connected therewith; 4. "Fireman" means any person having charge of a steam boiler or boilers only of a capacity limited under the provisions of this Act; 5. "Person" means any male of the full age of eighteen years; 6. "Minister" means the Minister of Public Works of the Province of Alberta; 7. "Inspector" means a provincial chief inspector of boilers, or an inspector of boilers appointed under the provisions of this Act; 8. "Inspection certificate" means the certificate of inspection of any boiler issued by an inspector; 9. "Certificate" means the provisional, final, or interim certifi- cate of qualification issued to any engineer or fireman under the provisions of this Act; 10. "Province" means the Province of Alberta; 11. "Regulations" means regulations issued by the department by authority of the Minister for the proper carrying into effect of the provisions of this Act; 12. "Department" means the Department of Public Works of the Province of Alberta; 1100 BOILERS >Cap. 9 1911-18 13. "In charge" and "having charge" shall apply to the person in charge having the control and direction of the operations of a boiler or Having boilers or engine or engines. ''''"^® APPLICATION OF ACT. 3. This Act shall apply to all boilers being operated within the Province of Alberta except as hereinafter provided. (2) The provisions of this Act shall not apply to steamboat j^^J^" boilers, and shall not apply to boilers used in operating railways exempted owned by any duly incorporated railway company, which main- tains adequate repair shops and employs competent boiler inspectors: Provided that the owner of such boilers shall expose for public view a certificate of inspection, fully filled out and signed by the inspector appointed by such owner: Provided further, if such boilers have not been inspected within twelve months or the rating of such boilers is not satisfactory to an inspector appointed under the provisions of this Act, such inspector may inspect and decide the working pressure of such boiler and issue a certificate for the same, and collect the fee prescribed by this Act for inspection of similar boilers for such inspection: Provided nothing herein contained shall exempt from the operation of this Act, a boiler in operation upon any switch, siding or other connection from any duly incorporated railway as above mentioned to the premises of any elevator, manufactory, industry or business, if such switch or siding does not form a part of, and is not used by such railway company with whose track it is connected ; nor any boiler operated in connection with such elevator, manu- factory, industry or business. (3) Boilers and their appurtenances used exclusively for heating Exempt purposes, but which are not herein required to be inspected, mayX shall be provided with such appliances to insure safety as shall be nspeoted prescribed by the regulations, and it shall be the duty of the inspector to inspect such boilers upon application of the owner or owners. APPOINTMENT AND QUALIFICATION OF INSPECTORS. 4. The Lieutenant Governor in Council may appoint a chief inspector of boilers, and inspectors of boilers for the purpose of carrying out the provisions of this Act, and may fix the remunera- tion of such chief inspector and inspecto;rs, and assign to each of such inspectors a particular portion of the province within which he shall have jurisdiction under this Act. (2) No person shall be appointed an inspector of boilers imless QuaUfioa- he is a British subject, has had five years' experience as a practicali*i^SI(Sors machinist or boiler maker, is the holder of an Alberta first-class engineer's certificate, is not interested directly or indirectly in the sale of boilers or steam machinery, and has passed a satisfactory examination before a board of examiners composed of inspectors, or such other persons as the Minister may direct. (3) Every inspector, before entering upon the performance ofi'^eo'o™to his duties, shall take and subscribe the following oath: of^ffi™ "I> do swear that I will faithfully and honestly fulfil the duties which 1101 1911-13 Cap. 9 BOILEHS Record to be kept devolve upon me as inspector of boilers, and that I will not ask or receive any sum of money, service, recompense, or matter, or thing, whatsoever, directly or indirectly, in return for what I have done or may do in the discharge of any of the duties of my said office, except my salary or what may be allowed me by law, or by an order of the Lieutenant Governor in Council, and that I am not, nor will be directly nor indirectly interested in the sale of boilers or steam machinery. So help me God." (4) Every inspector shall keep a true and complete record of all boilers inspected, and all repairs ordered by him, of all boilers condenmed by him as unsafe, of all accidents to boilers in his district, whether by explosion or otherwise, and of all casualties in connection with boilers in his district. DUTIES OF INSPECTORS. When boilerB may be inspected Special inspection of unsafe boilers Exemption from pay- ment of inspection fee 5. Every boiler in the province shall be inspected internally and externally, or tested by an hydrostatic test in the ratio of one hundred and fifty per cent, of the working pressure, or both, by an inspector once every year and at such times as the inspector may see fit, and shall not be operated at pressures in excess of the safe working pressure stated in the inspection certifi- cate, which pressure is to be ascertained from the regulations. (2) In addition to such yearly inspection it shall be the duty of every inspector to inspect, at any. time, when in his opinion such examination is necessary, all such boilers within his district as may be reported to him as unsafe, or, as he may have reason to believe, have become unsafe from any cause, and to notify the owner of such boiler if a defect is discovered, and of what repairs are necessary. (3) If the owner of any boiler proves to the satisfaction of the inspector that his boiler has not been operated since the date of the previous inspection, and is in as good condition as when inspected, the inspector may issue a new inspection certificate without inspecting the boiler, and without charging any fee therefor. Owner to defray expenses for special^ inspection or advice 6. If the owner of any boiler desires a special inspection or any other special service from an inspector, he shall be entitled to same upon application, but he shall be liable to the Minister for all expenses connected with the making of such inspection or the performance of such other services by such inspector. Inspector may examine on oath 7. Any inspector may, by notice in writing signed by him, require the attendance before him at a time and place to be mentioned in such notice of any person, and may examine the person so notified on oath regarding any matter connected with the inspection or operation of any boiler or any accident thereto; such person so summoned shall be entitled to the same witness fees as he would be entitled to on a small debt case in the courts of the province, unless the inspector shall otherwise order. (2) Any person wilfully neglecting or refusing in any way to comply with the notice of the inspector, or to make oath, or be examined as aforesaid, shall be guilty of an offence and Uable on summary conviction thereof to a fine of not less than $25.00 and 1102 BOILERS Cap. 9 1911-13 not more than $50.00, and on nonpayment of such fine forthwith after conviction to imprisonment for one month. (3) Any person so examined shall not be excused from answering any question upon the ground that the answer may tend to criminate him, or may tend to establish his liability to a civil proceeding at the instance of the Crown or of any person or to a prosecution under any Act of, or Ordinance in force in Alberta. (4) Provided, however, that any evidence so given shall not be used or received in evidence against such person in any criminal or civil proceeding hereinafter instituted against him other than a prosecution for perjury in giving such evidence. 8. Every inspector shall render annually, on or before the Annual thirty-first day of January in each year, a concise report to the"^^""* Minister of all inspections made by him during the preceding year, and of all accidents and casualties that may have occurred in connection with the operation of boilers within his district. 9. If at any time the inspector discovers any defect in any boiler Engineer under pressure, which in the opinion of such inspector may cause boUCT of* immediate danger, he shall order the engineer to draw the fire pressure a and blow off the steam, and the engineer shall forthwith obey§angero4 such instructions: Provided, however, that no inspector shall order an engineer to draw the fire, or blow off steam from any boiler, upon which depends the continued operation of a ventilating fan, the stopping of which might endanger the Ufe of any person engaged in a mine, without having first given sufficient notice to the manager to enable him to forthwith take all' necessary precautions and steps for the removal or safety of all persons in and about the mine and for the adequate protection of the mine. 1913, c. 9, s. 33 (1). (2) Every engineer shall assist the inspector in making his Bngmeers examination of any boiler or boilers in his charge, and shall pointi*M^rtora out to him any defects that he may know or beUeve to exist in said boiler or boilers, and in default thereof the inspector may take possession of the certificate of such engineer, and forward it to the Minister, together with a report on the circumstances of the case. iO. An inspection certificate shall not be granted for any new BoUers boiler which does not conform to the regulations. p?o?S'ce*'" 11. Except as hereinafter provided, no second-hand boiler second- that has been in service shall be brought into the province and^^g"^ operated as a boiler. ° ^^ (2) The owner of a second-hand boiler, or a boiler that has been in service outside the province, who wishes to operate same within the province, shall apply to the department for permission so to do, giving a complete description of the boiler and stating the exact location at which it is proposed that such boiler shall be operated; the department may thereupon cause the boiler to be inspected, and upon the issue of an inspection certificate stating that said boiler has been equipped with fittings and installed according to the regulations, the same may be operated; provided that the maximum working pressure to be allowed in any such case shall be computed by the formula contained in the regulations, with such further reduction as the inspector may direct 1103 1911-13 Cap. 9 BOILERS (3) Any person violating the provisions of this section shall be guilty of an offence and liable on summary con-dction thereof to a penalty of not less than $25.00 and not more than $50.00. Registration of boiler and accessory designs Changes in designs of approved boilers 13. Every manufacturer of any boiler to be built imder. the regulations shall, before commencing work on such boiler, submit to the department for approval, accompanied by the fees required by the regulations, complete working shop drawings in triplicate of the proposed boiler, together with completed specifications in duplicate. (2) Every manufacturer of boiler accessories for boilers built under the regulations shall submit to the department for approval, accompanied by the fees, working shop drawings in triplicate of the safety valves, stop valves, water gauges, gauge cocks, pressure gauges, blow-off valves and other fittings connected immediately to the boiler. (3) Any person who sells or otherwise disposes of a boiler not built to approved designs, or that does not conform to the regu- lations (provided an inspection certificate has not already been issued for such boiler), or a boiler fitting which has not been made according to an approved design, shall be deemed guilty of a breach of this Act. (4) When any change is intended to be made in any approved drawings or specifications by the manufacturer or manufacturers, he or they shall immediately notify the department, and submit revised draAving and specifications accordingly. Affidavit to accompany boilers Inspector may enter premises 13. WTien any new boiler is shipped into the province, t.he manufacturer shall immediately mail to the purchaser, for the use of the inspector at his initial inspection, a copy of the approved specifications on forms prepared by the department and containing the shop foreman's affidavit, certifying that the boiler has been built according to the regulations, and according to the approved drawings and specifications, that a hydrostatic test has been apphed (in the ratio required by the regulations), that the steam gauge is correct, and that the safety valve has been tested and is properly set to the working steam pressure of the boiler as rated by the department. 14. Any inspector may, at any reasonable hour, enter upon any property for the purpose of inspecting any boiler situated thereon, or for the purpose of ascertaining whether the provisions of this Act are being complied with, and also shall have the right at any reasonable hour to examine boilers in course of construction or undergoing repairs. Obstructing inspector 15. Any person interfering with or obstructing any inspector in the performance of his duties under this Act shall be guilty of an offence and liable on summary conviction to a penalty of not less than $50.00 and not more than $100.00. Minister to be notified of sale or exchange 16. Any agent or other person who sells or exchanges a boiler shall within thirty days after such sale or exchange notify the Minister in writing by registered mail of such sale or exchange, stating the name and address of the person to whom such boiler has been sold or exchanged, and shall if such boiler has been 1104 BOiLEES Cap. 9 1911-18 inspected by an inspector, from and after the first day of January, 1912, state the number stamped on such boiler at such inspection by the inspector. (2) No person shall sell or exchange any boiler which hasSaieor been in use for more than two seasons for subsequent use as a boiler hSia'^be unless it is accompanied by an inspection certificate issued within g""?^*^*^ one year next preceding the date of such sale or exchange. certificate (3) Nothing contained in the foregoing subsection shall affect any arrangement that may be made between a manufacturer and a purchaser in respect of an exchange of an old boiler in part payment for a new one, or the retaking possession of a boiler under a lien, and the subsequent sale thereof. GENERAL PROVISIONS. 17. If, upon inspection, the inspector finds the boiler to be when , in safe working order, and properly set up, with fittings as pre-'Sfgoite scribed by the regulations, he shall issue to the owner thereof anj^^^^J^ inspection certificate stating the maximum pressure at which the boiler may be operated, as ascertained by the regulations, and thereupon the boiler mentioned in the certificate may be operated. Such certificate shall continue in force until the boiler is inspected in the following year, or for such shorter period as the inspector may direct. (2) Any owner or other person operating any boiler before an inspection certificate therefor has been granted, or after same has expired, shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $50.00 and not more than $250.00. 1913, c. 9, s. 33 (2). 18. Every person who makes, or procures to be made, or Penalty for assists in making, any false representation regarding the condition eSSanging of any boiler in the form of an inspection certificate, or whoP^^'J^^ forges, assists in forging, or procures to be forged, or fraudulently certieoate alters, or assists in fraudulently altering, or procures to be fraudu- lently altered, any such inspection certificate, or any official copy of any such inspection certificate, or who fraudulently makes use of any such inspection certificate which is forged, altered, cancelled, suspended, or to which he is not justly entitled, or who fraudulently lends his inspection certificate to, or allows any other person to use the same in connection with any other boiler than that covered by such inspection certificate, shall be guilty of an offence, and liable upon summary conviction thereof to a penalty of not less than $50.00, or three months' imprisonment; and any owner or other person holding such inspection certificate who fails to deliver up an inspection certificate which has been cancelled or suspended shall be deemed guilty of a breach of this Act, and liable upon summary conviction thereof to a penalty of not less than $50.00 and not more than $100.00. (2) The inspection certificate shall be placed so as to be easily insi)ection read, in a conspicuous place in the boiler room, or engine room to'be "*** of every stationary boiler, and shall be produced at any time by e=^,bited or the owner or operator of any traction or portable boiler upon^'° ^"^ demand of an inspector or upon demand of a member of any police force. Any owner refusing or neglecting to post up or produce the inspection certificate shall be guilty of an offence 1105 1911-13 Cap. 9 BOILERS Operating without inspection certificate Owner to prepare boiler for inspection Inspectors may drill holes Penalty Failxire to carry out inspectors' instructions In case of explosion and liable upon summary conviction thereof to a penalty of not less than $10.00 and not more than $25.00. (3) Any owner who operates or causes to be operated a boiler, without being in possession of an inspection certificate, or without notifying an inspector or the Minister of his intention so to operate, by registered letter, shall be guilty of an offence, and liable upon summary conviction thereof to a penalty of not less than $25.00 and not more than $100^00. 19. The owner or operator of any boiler shall allow the inspector free access to the same, shall furnish the labour necessary for the inspection thereof, shall fill the boiler to permit all hydrostatic tests being made, shall, if required by the inspector, remove any jacket or covering from the boiler, and shall also bring to the attention of the inspector any defect which he knows or believes to exist in the boiler. (2) The owner of the boiler which the inspector desires to inspect internally or externally shall cause it to be opened for inspection, scraped free from scale, the manhole and handhole plates thereof removed, and the flues therein cleaned and all soot or ashes removed from the inside and outside of setting therein. In the case of a traction or portable boiler the owner or person in charge shall cause the furnace grates and straw burners, firebox and all heating surfaces to be thoroughly cleaned. 30. In order to' satisfy himself as to the thickness of plate or its internal condition, the inspector may cut holes or may order holes to be cut in the same, and in the latter case the owner shall forthwith see that such orders are complied with. (2) Any person violating any of the provisions of sections 19 or 20 hereof shall be guilty of an offence, and liable upon summary conviction thereof to a penalty of not less than $25.00 and not more than $100.00. ^ 31. Any owner or other person in charge of a boiler failing to. carry out the written instructions of an inspector for the safe operation and care of a boiler, incltiding his instructions for washing out and cleaning the interior, shall be guilty of a breach of this Act. (2) Any such owner or other person in charge of a boiler may within thirty days from the receipt thereof appeal to the Minister from such written instruction of an inspector; the decision of the Minister shall be final and pending his decision such owner or other person in charge of a boiler shall carry out such written instructions. 33. A report of an explosion of any boiler shall be sent by the owner of such boiler within twenty-four hours after the explosion to the Minister; such report shall state the exact place at which the explosion occurred, the number persons killed or injiu'ed, and the probable cause of the explosion. (2) After the explosion of any such boiler no part or parts of the same shall be removed or their positions altered by any person until after examination by the inspector, except to rescue persons injured, or to remove the bodies of persons killed, without the written permission of the Minister. 1106 BoiLEES Cap. 9 1911-13 (3) Any person violating any of the provisions of this section shall be guilty of an offence and Uable on summa,ry conviction thereof to a fine of not less than 1100.00 and not more than $200.00, or to imprisonment for a term not exceeding three months. 23. On receipt of any report mentioned in the preceding investigation section, the Minister shall cause a full investigation to be made °' *° e^ioaon as to the cause and circumstances of such explosion; said investi- gation shall be held at or near the place where such explosion occurred. i 34. If any loss or» damage is incurred or sustained by anyForexpio- person by reason of the explosion of a boiler, for which the owner uncertificated has not obtained an inspection certificate, the onus of proof ^°^^'^ that such loss or damage did not arise through the negligence prinM/ocie or improper co'aduct of the owner or person in charge of such S^enae boiler shall be upon the owner of such boiler. 35. An appeal shall lie from any ruling or decision of an ^p,^*'^^'™™ inspector to the Minister, whose decision shall be final. inpseotor (2) On the hearing of any appeal it shall be lawful for the^'Jj^*jj^*° Minister, if he thinks fit, to summon to his assistance any expert expert advice engmeer. 36. Any charge or neglect of duty or other coinplaint against ^J^^ the inspector shall be addressed to the Minister, and shall stateinspeotor fully the particulars of such charge or complaint. mitt^ 37. Any owner or other person in. charge who refuses or Preoption neglects to station a man to guard against steam being turned ^hue vrarldng into a boiler which it is possible to connect with another boileri''^ boiler containing steam, during the period that any person is inside such first mentioned boiler, shall be guilty of an offence, and liable upon summary conviction thereof to a penalty of not less than $50.00 and not more than 1100.00. BOILER FITTINGS. 38. No person' shall operate boilers not previously inspected f^^n^ by an inspector in this province unless equipped with fittings as provided in the regulations. 39. Any person removing, destroying or in any way tampering Tampering with the sealing device of any safety valve after it has beenraivra^'***^ sealed by an inspector, or changing a safety valve without permission of an inspector, shall be guilty of an ofifence and liable upon summary conviction thereof to a penalty of not less than $50.00 nor more than $100.00. 30. It shall be the duty of the engineer in charge to blow. Testing of or cause the safety valve to blow off steam, at least once eachlalh^Jy'™ day, to satisfy himself that the valves are in good order, and it shall be his duty to report to the inspector any failure o;f such valves to operate; in case no such report is made, and a safety valve is found to have been tampered with, or out of order, the certificate of the engineer having such boiler in charge shall be suspended or cancelled by the Minister. 1107 1911-13 Cap. 9 BOILERS Penalty for interfering with pressure gauge 31. Any person who alters or otherwise tampers with the pressure gauge, so as to prevent the actual pressure of the boiler from being easily seen and ascertained, shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $10.00 and not more than $50.00. INSPECTION FEES. Inepection Heating boilers 33. The owner of every boiler in the province under the provisions of this Act shall pay a fee of $5.00 for each and every boiler inspected. (2) In the case of an inspection of any vessel carrying a steam pressure of less than twenty pounds, used for heating water for domestic purposes or generating steam solely for heating build- ings, the fee payable to the inspector by the owner for such inspection and the issue of such certificate shall be $2.00. (3) Any owner neglecting or refusing to pay the inspector such fee shall be guilty of a breach of this Act. ENGINEERS AND FIREMEN. Operating bdlers without certificate Special authority during installation Permits Employing uncertified persons 33. Any person not holding a final, interim or provisional certificate of qualification as ah engineer, or a fireman of a heating plant, or a permit as hereinafter provided, who at any time operates any steam boiler governed by this Act, or is in charge of any steam boiler while in operation, whether as owner or engineer, or any engineer is in charge of and operates a boiler or boilers, or steam plant of a different or a higher class than is authorized by the certificate held by any such engineer, or fails to produce the certificate upon demand by an inspector or member of any police force, shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $25.00 nor more than $100.00. 1913, c. 9, s. 33 (3). (2) Provided that where the representative of any manufacturer of boilers or engines is employed installing, testing, regulating, or otherwise superintending the installation or operation of such boilers or engines, he may do so upon applying for and receiving written authority from the Minister or an inspector. 34. If any owner of a steam boiler shows to the satisfaction of the Minister or an inspector that he is unable by reason of some unforeseen occurrence to immediately secure the services of a duly qualified person to operate such boiler, the Minister or inspector may grant a permit to any person producing satisfactory evidence of good conduct and sobriety to operate such boiler for a period of thirty days from the date of such permit: Provided, however, that notwithstanding anything to the contrary in this Act, when an application for such a permit has been made the owner, manager or agent of a mine may allow the person named in the application to operate such boiler for a period of six full days from the date of such application, or until such time as notice is received of the granting or refusing of the application whichever is the shorter time. 1913, c. 9, s. 33 (4). 35. The employer of any person who at any time operates any steam boiler governed by this Act, or is in charge of such steam 1108 BOILERS Cap. 9 1911-13 boiler while in operation who has not a certificate, or permit as required by this Act, or who fails to produce such certificate upon demand by an inspector, or a member of any police force, shall be deemed guilty of an offence and liable on summary conviction thereof to a penalty of not less than $50.00 and not more than $150.00. 1913, c. 9, s. 33 (5). (2) The certificate of any engineer in charge of an engine ^®^^™** room or boiler room shall be exposed in a conspicuous place in.e=ipo8ed such room. (3) Any engineer who refuses or neglects to expose or produce his certificate shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $10.00 and not more than $50.00. (4) The absence of such certificate or its nonproduction upon Non-pro- demand shall be prima fade evidence that the person operating certificate the engine or boiler has no certificate. 36. Certificates will be granted upon examination according ciassifioa^ to qualifications of the applicant as follows: certificates 1. First class: To have charge of and operate any steam plant. 2. Second class: To have charge of and operate a boiler or boilers of a total capacity not exceeding 500 horse power, and to have charge of and operate an engine or engines of a total capacity not exceeding 500 horse power, or to operate any other plant under an engineer holding a first-class certificate in direct charge of the plant. 3. Third class: To have charge of and operate a boiler or boilers of a total capacity not exceeding 200 horse power, and to have charge of and operate an engine or engines of a total capacity not exceeding 200 horse power (unless such certificate is otherwise limited) or to operate a boiler or boilers of a total capacity not exceeding 500 horse power tmder an engineer holding at least a second-class certificate. 4. Traction engineer's final certificate: To have charge of and operate a traction engine and boiler only. 5. Provisional certificate: To have charge of and operate a boiler and engine of a capacity not to exceed 50 horse power, for a • period of one year. 6. Second provisional certificate: To have charge of and operate a boiler and engine of a capacity not to exceed 50 horse power, for a period of one year. This certificate may be granted to those candidates who have failed for a final certificate, as hereinafter mentioned. 7. Final fireman's certificate: To have charge of and operate a heating boiler only, carrying a steam pressure of not more than 100 pounds. 8. Provided the experience of an applicant for a certificate is limited to a steam shovel, or a hoisting or a portable boiler and engine only, a third-class, or provisional certificate may be issued to suit the case, said certificate being endorsed accordingly upon the face thereof. 37. Engineer's final certificates issued under The Steam 5of Zers North-West Ordinance of the North-West Territories shall entitle the holders Stifio^S thereof to operate in the Province of Alberta; provided that the holders of second and third-class certificates issued under the 1109 1911-13 Cap. 9 BOILBBS said Ordinance shall not operate boilers of a larger capacity than the boilers which under this Act may be operated by the holders of second and third-class certificates respectively issued under the provisions of this Act. Qualifica- tions for first-olafis certificates Qualifica- tions for second-class certificates Qualifica- tions for third-class certificates Qualifica- tions for traction engineer's final certificates Interim certificate Qualifica- tions for fireman of heating plant's certificate 38. A candidate for a first-class certificate shall be at least twenty-five years of age, shall furnish proof that he has been employed as a machinist or boiler-maker, on the repairing or buildin,g of steam engines or boilers for a period of not less than twenty-Jour months, and has had charge of a steam plant in which he operated a battery of boilers aggregating not less than three hundred horse power in capacity, and that he has operated engines aggregating not less than three hundred horse power in capacity, for a period of at least twelve months. (2) A candidate for a second-class certificate shall be at least twenty-two years of age, and shall furnish proof that he has served four years in charge of and operated a boiler or boilers, and had charge of and operated an engine or engines,, of not less than fifty horse power or that he has served twenty-four months in a workshop employed in the manufacture of engines or boilers, and has served as engineer of a steam plant of not less than seventy-five horse power for a period of at least twenty-four months. (3) A candidate for a third-class certificate shall be at least twenty years of age, shall furnish proof that he has served as fireman of a boiler or boilers, for a period of twelve months; has had charge of and operated a boiler or boilers, and has had charge of and operated an engine or engines for a further period of twelve months, or that he has served twelve, months in a workshop employed on the manufacture or repairing of engines or boilers, and as fireman of a steam boiler for a further period of twelve months. 39. The final certificate, known as traction engineer's final certificate, will be granted to traction engineers upon satisfactorily passing a combined written and oral examination before an inspector; this certificate will be termed "traction engineer's final certificate," and will be valid to operate traction boilers and engines only. 40. Upon the applicant for a final certificate of qualification as an engineer completing the examination set by the inspector but before the results thereof are announced, the inspector may issue to such candidate an interim certificate of the class to which he would be entitled upon passing sitoh examination, which certificate shall entitle the holder to operate as an engineer of the class therein specified, for a hmited period to be specified in the certificate; such period shall in no case exceed thirty days. 41. A final fireman's certificate for operating a heating boiler only, in which over twenty poimds and not more than one hundred pounds of steam is carried, shall be granted upon the applicant passing a written and oral examination such as is laid down by the department; such applicant for a fireman's certificate for a heating boiler shall be required to produce satisfactory and conclusive evidence of at least six months' experience as an engineer or fireman of a steam boiler. 1110 BoiLBHS Cap. 9 1911-13 43. Any person who has had over twelve months' experience QuaKfica- as an engineer or fireman outside the province, or any person who pro^oMi has served for twelve months in the province as fireman to the ''"*'^''**^ holder or holders of a final engineer's certificate, may apply to the Minister or an inspector for a provisional certificate of qualification for operation of boilers or engines not having a capacity of more than fifty horse power, and the Minister, or such inspector, upon being satisfied that the appUcant is a person of sufficient experience to justify the same, may cause the applicant to be orally examined by an inspector, and upon such applicant passing such examination satisfactorily he may be granted such provisional certificate valid for a period of one year from the date of issue thereof. (2) Such provisional certificate may be renewed for a further Renewal oi period of one year, but no longer, and the appUcant for suchPertmrates renewal may be required to pass an oral examination satisfactory to an inspector. 43. The Minister may, upon the recommendation of an Second inspector, grant a second provisional certificate, valid for a period ^e^ca^ of one year from its date, to any person who has submitted to an examination in accordance with the provisions of this Act, but has failed to receive from such inspector a recommendation for a final certificate of qualification, but no further or other provisional certificate shall be granted, unless such person is recommended for same by the inspector. (2) The holder of a provisional certificate, or anyone who in Application the opinion of an inspector has had sufficient or extensive o^a^fina™"* experience in operating boilers and engines as to justify the same, "s^ificate may be granted a final certificate of qualification as an engineer, or fireman of a heating plant, upon passing such an examination which shall be conducted in accordance with such regulations as may from time to time be prescribed by the Minister, and the Minister shall determine the qualifications requisite for the candi- dates for the several classes of certificates, and shall prescribe the fees_ to be paid for such examination, and for the issue of certificates to the successful candidates. 44. The inspector shall determine the class of examination impoctop to which the applicant shall undergo, whether for first, second ordA^muten third-class certificate, and after such examination, if found ^""^ competent, the appUcant shaU receive a certificate graded accord- ing to the merits of his examination, irrespective of the grade of certificate for which he applied. (2) Any candidate failing to pass the required examination for Twelve first or second-class certificates shall not be allowed to presenti"pseaft*e°r hiinself for further examination for a period of one year, dqj-ingfa»i™eto which term he must operate as an engineer, and upon further ffion""" appUcation show satisfactory evidence of additional experience. 45. Any person who holds a certificate of qualification as an Certificate engineer for operating boilers and engines, granted under the^-lnted provisions of any Act of the ParUament of Great Britain and*°"«" Ireland, or of the Dominion of Canada, or of any province therein, or of any other part of His Majesty's dominions, may, upoii makmg appUcation to the Minister, accompanied by such evidence 1111 1911-13 Cap. 9 BOILEBS of qualification as may be required by the Minister, and upon satisfactorily passing an examination before an inspector if deemed necessary by the Minister, obtain a certificate of quaUfication as an engineer in the class determined by the Minister. MOTMentations ^^' Evcry pcrson who makes, or procures to be made, or and forging assists in making any false representation for the purpose of of certificates Q^taining for himself or for any other person, a certificate of competency or service, or who forges, or assists in forging, or procures to be forged, or fraudulently alters, or assists in fraudu- lently altering, or procures to be fraudulently altered, any such certificate, or any official copy of any such certificate, or who fraudulently makes use of any such certificate which is forged, altered, cancelled, suspended, or to which he is not justly entitled, or who fraudulently lends his certificate to, or allows the same to be used by any other person, shall for such offence be deemed guilty of an offence, and shall be liable upon summary conviction thereof to a penalty of not less than $50.00 and not more than $100.00, and any engineer who fails to deliver up a certificate which has been cancelled or suspended shall be liable to a penalty of not less than $25.00 and not more than $100.00. (2) Any person other than the holder thereof becoming possessed of a certificate shall transmit it forthwith to the department. Provisions for amanuensis 47. If a candidate for a final certificate should be unable to write, he may employ some person to write the examination therefor from his dictation; such person shall not be an engineer, and shall, before performing any duties under the provisions of this section, subscribe before an inspector the following oath: "I, A.B., of the in the Province of Alberta, swear: That I will truly, faithfuUy and accurately without alteration or inter- lineation of any kind, transcribe the answers dictated to me by CD. (here insert name of candidate) a candidate for a final certificate under the provisions of The Boilers Act. So help me God." (2) If such candidate should be imable to speak the English language, he may employ some person as interpreter; such person shall not be an engineer, and shall, before performing any duties under the provisions of this, section, subscribe before an inspector the following oath: "I; A.B., of the in the Province of Alberta, swear: That I shall truly and faithfully interpret the questions and the answers given on the examination of CD. (here insert the name of candidate), a candidate for a final certificate vmder the provisions of The Boilers Act, and all other matters connected therewith, and the Italian {or German, or as the case may he) language into the Er^lish language, and the English language into the Itahan {or German, or as the case may be) language, according to the best of my skill and ability. So help me God." Appeal from 48. Any Candidate may appeal in writing' to the Minister from i^Zf ttie decision of the inspector in regard to any examination, and the decision of the Minister in regard to such examination shall be final. 1112 BOILERS Cap. 9 1911-18 49. If an inspector should find an engineer, or fireman of a inspector heating plant, violating any of the provisions of this Act, or in^^end any way negligently operating a steam plant in his charge, or ""''fi^^t^ under the influence of liquor while on duty, he may take posses- sion of such engineer's or fireman's certificate, and remit the same to the department together with a full report of the circumstances of the case. (2) The Minister may, upon due cause being shown, cancel or Minister suspend any certificate issued imder the provisions of this Act, and^iSfi*^ any person whose certificate is so cancelled or suspended shall be deemed guilty of a breach of this Act, and liable to the penalties hereinafter imposed. 50. If any owner believes that his boiler or engine has been inspector damaged through the negligence of the engineer in charge, he^Sficate" shall immediately report such negligence to an inspector, verifying the facts contained in such report by a statutory declaration. (2) Such inspector shall thereupon immediately investigate the charge and may, if he deem proper, demand and obtain from such engineer in charge his certificate, and shall immediately forward a report of any investigation made under the provisions of this section to the Minister, together with the certificate, if any, which he has ordered to be delivered up by the engineer in charge; the Minister may thereupon order such certificate to be returned to such engineer, suspend the operation of said certificate for such, period as he may deem just, or cancel such certificate. (3) Any engineer in charge refusing to deliver up his certificate when same is demanded by an inspector under the provisions of this section shall be deemed guilty of a violation of this Act. 51. The fees for the issue of a permit imder section 34 hereof. Fees by an applicant for examination under section 36 or by applicant for a certificate under sections 42 or 45 respectively shall be as follows: First-class certificate .... $10 .00 Second-class certificate 5 .00 Third-class certificate 5 . 00 Final traction certificate 5 .00 Final fireman's certificate 2 .50 Second provisional certificate 5 .00 Provisional certificate 5 .00 Renewal of provisional certificate 2 .50 Permit 5 .00 2. All fees payable under this Act shall be paid into general revenue fund. 52. If a certificate is lost or destroyed, a duphcate may be Certiacates issued upon satisfactory proof to the department, and upon receipt d^trwed of the fee authorized by this Act, for the issue of an original certificate of the same class. 53. The owner of a plant where there is a battery of boilers Provision of a capacity exceeding five hundred horse power and where suchpial"^^ battery of boilers is contained in a building separate from the rest of the plant shall in addition to such engineers as he is other- wise required to employ under t,he provisions of this Act, employ engineers holding at least second-class certificates in charge of such battery- of boilers on both day and night shifts 1113 lOir-ili Cap. 9 BOILERS Absence of engineer Regulations Penalties 54. No engineer or fireman of a boiler or boilers shall absent himself from duty in connection therewith for more than ten minutes at a time while the same is in operation. 1913, c. 9, s. 33 (6). 55. The Minister may from time to time make such regulations and prescribe such forms as may be deemed necessary for the proper carrsdng into effect of the provisions of this Act, and such regulations shall have the same force and effect as if they were included in this Act and herein enacted. 56. Any person guilty of a breach of any of the provisions of this Act, or any regulations made thereunder, for which no penalty is herein specified, shall on summary conviction thereof be liable to a penalty not less than $50.00 and not more than $100.00. Recovery of fees and penalties Repeal 57. All fees and penalties mentioned in this Act may be recovered and enforced with costs on summary conviction before a justice of the peace. 58. The Steam Boilers Act, being chapter 23 of the Statutes of Alberta, 1906, and all amendments thereto, are hereby repealed. REGULATIONS GOVERNING THE CONSTRUCTION AND INSPECTION OP BOILERS FOR THE PROVINCE OF ALBERTA. (Issued under Sec, 55, Cap. 9, of The Boilers Act, 1912.) {Inserted far convenience only and subject to change at any time by the Minister.) 1. — Regulations to Become Effective. These regulations are in effect from the date of issue, September 1st, 1914. They are very similar to the 1910 regulations, except that certain ambiguous clauses in thejatter have been made clear. S. — Second-hand Boilers. Boilers entering the province under Sub. 2; Section 11, of The Bailers Act, or as settlers' effects, and not built in accordance with these regulations, shall be rated by the formulae herein provided. They must be equipped with fittings, etc., according to the Act and regulations. The right is reserved to reduce the pressure of any boUer to what is considered a safe limi t. S. — Maximum Pressure far Traction and Portable Bailers. The safety valve of any traction or portable boiler shall not be set at a greater pressure than 175 pounds, notwithstanding the calculated working pressure of the boiler, and no exception wiU be made to this ruhng. If, for instance, however, the calculated working pressure of a traction or portable boiler is 200 pounds, and a. reduction of pressure is made by reason of inferior workmanship or material or other defects, the reduction will be made from 200 lbs. 1114 BDiLEES Cap. 9 1911-12 II. — EEGISTEATtON OP DESIGNS. ^.-^Dramngs and Specifications. Before commencing work on any boUer, to be built under these regula- tions, three blue prints of working shop drawings of the same each having a blaiik or white space on it 3 x 4 inches in size, with specification Form 18 in duplicate (copies supplied by the Department upon request) must be submitted to the Department by the manufacturer for approval of the pres- sure and arrangement of the boiler, which must comply in all cases with these regulations. Bach drawing and specification form must contain complete details and dimensions, the intended working pressure being stated thereon. This applies also to designs for safety valves and other fittings connected immediately to the boiler, such as stop valves, water gauges and gauge cocks, pressure gauges, and blow-off valves; also to proposed power plant piping arrangements or to proposed alterations of same. Such drawings must show all high pressure steam, water, and blow-off piping, together with fittings and accessories thereto. Approval or corrections will be given, or pointed out in the order as appli- cations are received by the Department, and the manufacturers advised accordingly. Designs of manufacture, when finally approved, will be given registration numbers for the province, and from which boilers may be made by that manufacturer in any number, full. reference being made to the registration upon specification form and affidavit of construction accompanying such boilers. Any new design submitted for approval after any change in these regulations has been made must be in accordance with such change. Changes in design will necessitate submission of new drawings and specifi- cations for approval and fresh registration. One certified blue print and copy of specifications will be re'turned by the Department to the manufacturer after design has been finally approved and registered. It is to be imderstood that the approval of drawings will not exonerate the manufacturer from any responsibihty in the manufacture of a boiler or accessory constructed thereto should any departure be made from these regulations governing the material or workmanship. S. — Fees for Survey of Drawings, Etc. The fees for surveying designs or revisions of designs, of boilers and acces- sories for approval and registration shall be as follows: Vertical tubular to 36" dia $5.00 All other boiler designs 10. 00 Power plant piping up to 500 horse power 5 . 00 Power plant piping from 500 to 1,000 horse power 7. 50 Power plant piping over 1,000 horse power 10. 00 Boiler accessories, such as safety valves, stop valves, steam gauges, etc., for each design '. 3 . 00 Note. — ^Fees must accompany drawings and specifications upon submitting same to the Department for approval. 6. — Manufacturer' s Affidavit Accompanying Boiler. Each new boiler intended for operation within this province shall be accom- panied by a copy of the approved specifications provided by the manufacturer for identification purposes, and this form must contain affidavit of the boiler shop foreman under whose supervision the boiler was constructed. Specification and affidavit forms are provided by the Department of Public Works, Edmonton, for this purpose, and will be supplied to the manu- facturer upon application, each form being filled in to contain the complete data required. Following is a Ust of forms to be used for the various type of boilers: Form 18a. — Detailing construction and material of locomotive type boilers. Form 18b. — Detailing construction and material of horizontal tubular type boilers. Form 18c. — Detailing construction and material of internal furnace tubular type, or of vertical type boilers. Form 18d. — Detailmg construction and material of water tube type boilers. When the inspector has noted this affidavit and specifications, and com- pared the same with the boiler during the initial inspection, he must then file it with the Department. 1115 1911-lS Cap. 9 BOILERS 7. — IdeniijicaMon. Every boiler biiilt under these regulations shaljl be stamped legibly on the plates of the boiler on the place hereafter indicated, as follows, in figures at least one-quarter of an inch in size. (o) Builders' name and number of boiler. (6) Provincial letter and registration number of design. (c) Lowest tensile strength of any shell plate in the boiler, with "S" for steel and "I" for iron. (d) The name of the plate manufacturer. (e) The date of construction, thus: Day of month, numerical order of month, last two figures of year. A sample stamping would be as below, it being stamped legibly and fuUy into the plate of the boiler itself (not the smoke box.) (o) Name in full. 777. (b) A. 555 (for Alberta). (c) 55000. S. {d) Name in fuH. (e) 26.10.10. The locations of stamping shall be as follows: On horizontal return tubular boilers, on centre of front head above tubes. On portable and locomotive types, on right side of fire door, clear of attach- ments. On water tube boilers, on the end of steam drum above manhole door. On internally fired boilers, with circular furnaces, on right side of fire doors, if i)racticable. On vertical boilers, on right side of fire door. All new heating boilers must be stamped "FOR HEATING PURPOSES ONLY" on front head above tubes, or any conspicuous place on the shell. III. — ^DESIGN. 8. — Cylindrical Portions of Boilers. Cylindrical portions of boilers, such as shells or barrels, domes, drums or reservoirs, shall be made as nearly as possible truly cylindrical. All surfaces formed to a true circular curve, except in surfaces otherwise provided for, shall be calculated in a similar manner to cylindrical shells, but when they or other parts are not so made, or are parts of true cylinders of different radii, they must be treated as flat surfaces, and stayed accordingly, and in any case at the change of curvature. 9. — Thickness oj Plates. The minimum thickness of any plate used in the construction of a boiler under these regulations shall be one-fourth (J) of an inch, and in all cases excepting for internally fired boilers exoeeiding 72" (seventy-two inches) diameter, the thickness of boiler heads having a diameter up to 40 inches shall not be less than 5/16 inches; diameters over 40 inches and up to 52 inches, not less than f inches; diameters over 52 inches and up to 60 inches, not less than 7/16 inches, and not less than 1/16 inch additional thickness for every six inches additional diameter for boilers above 60 inches diameter. The thickness of all plates in cylindrical portions of shells or dnuns shall be aUke (excepting for tube section of water tube boilers), and that required for the working pressin-e of any part according to formula hereafter given, but must not be less than one-quarter inch. The minimum thickness of plates in stayed surface construction shall be five-sixteenths (5/16) of an inch. 10. — Maximum Diameter of Boiler. Seventy-two inches shall be the maximum diameter for all externally fired boilers. 11. — Reinforcing Plates. (a) For standard pipe connections below water line exceeding | inch diameter, and not exceeding two inches in diameter, and for standard pipe connections above water line exceeding one inch in diameter and not exceeding 1116 BOILERS Cap. 9 1911-18 two inches in diameter, the openings in boiler shall be reinforced, with a plate seciirely riveted to the shell, the threads being made continuous and full size through both plates, and the pipe fitting tightly in both- lb) Instead of the reinforcing plates required by the above clause, forged steel flanges threaded to receive the pipe may be used, except at blow-off outlet, and must be riveted to the outside of sheU. The threaded portion for pipes up to li inch bore shall have a depth of not less than one inch; for pipes 1^ in. bore the depth shall be not less than IJ in.; and for pipes up to two inches bore the depth shall not be less than IJ inches. The tmckness of flange for pipes up to 1| in. bore shall not be less than 5/16 inch, and for pipes exceeding li inch bore and up to two inches bore shall be not less that f inch thick. Opening in boiler shell shall be drilled to size not more than I of an inch greater in diameter than the bore of the flange. (c) For all connections exceeding two inches in diameter, except at blow- off outlet, flanged nozzles riveted to the boiler must be used. For working pressures exceeding one hundred pounds per sq. inch the nozzles must in all cases be of steel. For traction boilers, steel flange bases riveted to the boiler may be used instead of flanged nozzles for connections up to and including 3 inches in diameter. (d) Other openings in cylindrical parts of boilers, drums or other parts shall be reinforced in all cases when their measurement exceeds 2J" x 3i". (e) All openings in flat or cambered surfaces of boilers, drums or other parts exceeding 2i" x 3|" shall be reinforced or (if exceeding |" thick) flanged. All reinforcement rings or plates must be fltted to lie closely to the plates they reinforce, and be at least the same thickness. IS. — Reinforcing Plates Where Brackets are Attached. Where brackets or other flxtures subjected to any working strain are attached to a traction or portable boiler, the plates to which these brackets are attached shall be reinforced with plates of the same thickness as the outer plates, and properly riveted together. The outer rows of rivets attaching reinforcing plates must be outside the bracket. All brackets shall be properly fitted (without white metal or other filling) to the plates, flat or curved, with stud holes drilled to suit the holes in brackets, which must be drilled to templates and tapped 12 threads per inch. The use of cap screws will not be permitted for this purpose. (a) Provided : Where the shell plates are not less than one-half inch in thick- ness throughout, the reinforcing plates referred to in the preceding paragraph may be omitted. IS. — Manholes. AH boilers shall be provided with the prescribed number of manholes of standard size, strengthened with reinforcing ring cut from boiler plate of at least same thickness as the shell, and equal, exclusive of rivet holes, to the area of section cut from shell in Une with its longitudinal axis, riveted around the manhole opening. A flange formed inwards on the reinforcing plate to receive the door is required. The reinforcing plate must be- placed on the inside of boiler, except in boilers under forty-two (42) inches diameter, when it may be placed outside. All manholes in flat surfaces must be flanged from soUd plate inwards. All manhole flanges less than eleven-sixteenths (11/16) of an inch must have a ring not less than three-quarters (J) of an inch by one and one-half (IJ) inches securely shrunk around flange, which shall be faced to form a joint. The rivets holding reinforcing rings to shell must be sufficient for caulking purposes, per section 28, but their area in no case shall be less than one hundred and twenty per cent. (1209f ) above the net sectional area of part cut from shell in line of its longitudinal axis. 14^.— Location of Manholes. There shall be a standard manhole in the upper part of the shell of a fire- tube boiler 42 inches and above in diameter, excepting vertical fire-tube boilers, where the furnace or tubes prevent access to the interior of the boiler. (o) Horizontal cylindrical boilers 48 inches in dia,meter and upwards shall contain two manholes not less than 10 inches by 15 inches in the clear, one in the front head below the tubes, and one in the shell above the tubes. In JDoilers sixty-six (66) inches and above in diameter, manholes shall be 12 inches by 16 inches in the clear. 1117 1911-18 Cap. 9 BOILERS IB. — Manhole and Handhole Doors, Bolts and Bridges. Manhole doors must be well fitted and faced off. The possible lateral motion in no case exceeding one-eighth (J) inch. Cast iron manhole door of good design, and material, may be used for boilers carrying a pressure not exceeding one hundred (100) pounds. Doors not exceeding twelve (12) inches by sixteen (16) inches to be made of steel plate at least one inch thick, or of approved pressed steel design five-eighths (f ) inch thick, for pressures to one hundred and twenty-five (125) pounds inclusive; and to two hundred (200) pounds pressiu'e inclusive, these shall not be less than one and one-eighth (IJ) inches and eleven-sixteenths (11/16) inch thick respectively. K two flat plates riveted together are used for manhole doors, the plate forming flange must be not less than f inch thick, and the thickness of the two plates must be not less than 1" and 1|" respectively. The plates must be well riveted together. (a) Manhole doors are to be provided with two bolts at least one and one-quarter (li) inches in diameter, having a shoulder on the outside, screwed through the door and riveted to the inside. For pressed steel doors less than f " thick, the bolts must be screwed through the door, nutted and riveted over. (6) For working pressures up to one himdred pounds inclusive, cast iron handhole doors may be used when of good design and material, and may be made of cast malleable for pressures exceeding one hundred pounds when not over two and one-half (2J) by three and one-half (3|) inches. When exceeding two and one-half (2i) by three and one-half (3|) inches, and a pressure of over one hundred (100) pounds is carried, steel plate doors must be used, the thickness of door flange to be at least the thickness of surrounding shell plate. (c) Hand&iole door bolts must be not less than three-quarters (f) of an inch in diameter, for doors two and one-half by three and one-half (2^ x 3J) inches, and at least seven-eighths (f) inch when exceeding that size, all bolts being screwed through the door and riveted to the inside. (d) All bridges used for manhole and handhole doors must be wrought- iron or of pressed steel design, and of ample strength to withstand the stress put upon them. Bridges used for doors not exceeding two and one-half by three and one-half (2J x 3j) inches may bfe cast maUeable iron. 16. — Handholes and Washout Plugs. All cylindrical horizontal boilers less than 42 inches in diameter must be provided with a handhole in each head below the tubes not less than three by four and one-half (3 x 4J) inches, the opening being either flanged or reinforced. AU other types of boilers must be provided with sufficient mudhole or handhole and washout plug openings to provide for properly cleaning and inspecting every part of the boiler. When mudhole openings are threaded, the plugs must in all cases be of brass. 17. — Handholes and Washout Holes in Loco Type. A locomotive tjrpe boiler shall be provided with sufficient handholes and washout plug openings to allow the whole of the interior to be properly cleaned out and inspected. In no case shall there be less than six handholes, or less than twelve such openings in all, the whole to be located as approved in design, due regard being observed to facihty of access when the machinery or other attachments are mounted on the boiler. Wet bottom boilers must have a plug opening in the lowest part of shell, and have a drainage tube in bottom to drain ashpan. 18. — Firehole Doors. Fireholes in portable, traction and locomotive firebox boilers and in vertical boUers exceeding thirty inches diameter, must not be less than 10 inches by 15 inches, or equivalent ' area if the maximum dimension is not less than fourteen (14) inches in the clear, to allow for examination of firebox. 19. — Handholes in Vertical Boilers. All vertical fire-tube boilers shall have not less than seven (7) openings for cleaning out purposes, located as follows: One (1) at the water line foiu: inches by six inches, three (3) in line with the lower tube sheet, two (2) at 1118 BoiLUKS Cap. 9 1911-12 bottom of water leg, one (1) one inch plug opening under firehole door. Boilers exceeding 36 inches in diameter shall contain two (2) four by six (4 X 6) inch handholes located at the water line placed opposite to one another. Boilers under thirty (30) inches in diameter may contain 2^" x 3i" handholes at water line instead of 4" x 6" as above. SO. — Minimum Diameter of Slay. No stay less than seven-eighths (J) inch, as measured over the threads, shall be used in the construction of any boiler. SI. — Screwed Stays to Have Substantial Heads. Screwed stays (not fitted with nuts) must be thoroughly fitted to the sheets, be weU set up, and the ends well riveted over, to form good substantial heads, but standing not more than two and one-half or less than two threads above the sheet at their centre. The number of threads per inch shall not exceed twelve, or be less than eleven in any plate or shell in a boiler, except for standard steam and water pipe sizes. The use of the Whitworth type of thread is recommended. Where stay nuts are used they must have true and smooth bearing on the sheets, or washers when brou^t up. SS. — Maximum Working Stress on Stays. The maximum working stress on stays shall be as follows: (a) Iron. For screw stays and other stays which have been welded, 5,000 pounds per square inch net section will be the maximum stress allowed. For screw stays and other stays not welded, 7,000 pounds per square inch net section will be the maximum stress allowed. (6) Steel. For screw stays and other stays less than one and one-half (li) square inches net sectional area, 8,000 pounds per square inch will be the maximum stress allowed. For all other stays 9,000 pounds per square inch net section will be the maximimi stress allowed. (c) Steel stays may be upset at ends, but not welded in any way. Longi- tudinal stays must be secured to heads by nuts and washerS; and not riveted over on the sheets, excepting that, when the ends of longitudinal stays, if secured by nuts and washers, would be exposed to the action of the fire, as in the case of back ends of longitudinal stays below the tubes of horizontal tubular boilers, they may be attached to angles, stay-plates, or tee bars riveted to the boiler head, having an ample water space between them and the head of the boiler. Holes in the sheets for stays not screwed into or riveted to plates must not be more than one-sixteenth of an inch (1/16) larger than the diameter of the stay, and drilled to size. Stays must be arranged so as to admit of free access to the interior of the boiler. SS. — Working Stress on Studs and Bolts. Maximum stress on studs and bolts used for dome covers, flanges and accessories, wiU be taken as foUows: DIA. OF BOLT OR STCD. AHOWABtB STRESS. f poll 3,000 pounds per square inch. i mch 4,000 " },"?ot 5,000 " IJmohes 5,500 " li inches 6,000 " If inches • 6,500 If inches 7,000 " Studs screwed into plain flanges, etc., must be tapped in to a depth of not less than the diameter of the stud. H- — Domes on Cylindrical Parts of Boilers and Openings far Other Purposes. Ab opening for a dome, manhole, handhole, or for other purposes in the BheU or cylindrical part of any boiler must have its shorter axis parallel to longitudinal axis of the same. When, the shorter axis exceeds two and one-half inches the opening shaU be reinforced. The reinforcing plate must oe carefully fitted and riveted to the shell and be at least equal in cross section 1119 1911-18 Cap. 9 BOILERS and strength (exclusive of rivet holes) to the section of plate cut out of shell or covered by the dome in Une with its longitudinal axis. The combined area of rivets securing the reinforcement to shell must be, exclusive of those necessary to hold dome to shell, one hundred and twenty (120) per cent, in excess of the area of section so removed or measured. Tlie pitch at caulking edges not to exceed those allowed by section 28. S5. — Maximum Working Pressure Allowed on a Boiler. The maximum working pressure to. be allowed on the shell of a boiler or drum constructed of steel or wrought iron sha.ll be determined from the TnininiiiTin thickness of the shell plates, the lowest tensile strength stami>ed on the plates by the plate manufacturers, or as established by authoritative test, the efficiency of the longitudinal joint, or Ugament between the tube holes, whichever is the least, the inside diameter of the outside course, and the lowest factor of safety allowed by these rules, the formula being: 2TXTSXK DrXF B = Maximiun allowable working pressure in lbs., per square inch. T = Maximiun thickness of shell plates in inches. TS = Tensile strength of plate in pounds per square inch. K= Efficiency of longitudinal joint, or ligament between the tube holes, the lesser of the two to be taken. Dr=The inside diameter of the outside course of the shell or drum expressed in inches. F= Lowest factor of safety allowed by these regulations. S6. — Efficiency of I/igament. When a shell or drum is drilled for tube holes in a line parallel to the axis of the shell or dnmi, the efficiency of the ligament between the tube holes shall be determined as follows: (o) When the pitch of tube holes on every row is equal, the formula is: Pi — dr „_, . , ,. — — — = Efficiency of hgament. Pi Pi = Pitch of tube holes in inches. dr = Diameter of tube holes in plate in inches. (6) When the pitch of tube holes on any one row is imequal, but pitched in regular sequence, the formula is: Po — no dr — = Efficiency of hgament. P2 P2 =Unit length of Ugament n2 = Number of tube holes in length P2. dr = Diameter of the tube holes in plate in inches, (c) When a shell or drum is drilled for tube holes in a line diagonal with the axis of the shell or drum, and when the pitch of the holes in every row is equal, the efficiency of the Ugament between the tube holes shall be deter- mined as follows : Ps-dr PaXCoss^ P3 = Diagonal pitch of tube holes in plate in inches. dr = Diameter of tube holes in inches. «*s< = Angle of inclination of tubes to the longitudinal axis of shell or drum. S7.-— Factors of Safety. Boilers weU constructed and made of good material, shall be allowed a higher working pressure than boilers inferior in these respects. When oyUndrical sheUs of boilers are made of the best material (either iron or steel), with all holes drilled in place from the solid plate, the plates afterwards taken apart and the burrs removed, and all longitudinal seams fitted with double butt straps, each at least five-eighths the thickness of the plates they cover, the seams being double-riveted with rivets having an aUowance of not more than 75 per cent, over the single shear, andhavipg the circumferential seams constructed so that the percentage is at least 1120 BOILERS Cap. 9 1911-12 one-half that of the longitudinal seams, and provided that the boiler has been inspected by inpsectors authorized by the Act during the whole period of construction, in accordance with these regulations, then 4.5 may be used as a factor of safety. But when the a,bove conditions have not been com- plied with, the additions in the following scale must be added to the factor of safety, accordhig to the circumstances of each case. To he added to Factor of ^.SO. (a) .10 holes in longitudinal seams, fair and good, but drilled from soM out of place after bending edges of plates. (6) .20 holes in longitudinal seams, fair and good, drilled from solid out of place before bending edges of plates. (c) .20 holes in longitudinal seams, fair and good, punched after bending edges of plates and reamed after assembling. (d) .30 holes in longitudifial seams, fair and good, pxmched before bending edges of plates and reamed after assembling. (e) .07 holes in circumferential seams, fair and good, drilled from solid out of place after rolling plates. (j) .10 holes in circumferential seams, fair and good, drilled from solid out of place before roUing plates. ig) .10 holes in circumferential seams, fair and good, punched after rolling plates and reamed after assembling. (A) .15 holes in curcumferential seams, fair and good, punched before rolling plates and reamed after assembling. (i) .70 in longitudinal seams, if double butt straps are not fitted, and the said seams are lapped and double riveted. (]) .50 in longitudinal seams, j^ double butt straps are not fitted and the said seams are lapped and treble riveted. (fc) .60 in longitudinal seams, if only single butt straps are fitted and the said seams are double riveted. (Z) 1.00 in longitudinal seams, when any description of joint is only single riveted, or when double butt straps are used, and only one row of rivets is in double shear. t{m) .50 holes or rivets in longitudinal seams, not fair or not good. X(n) .20 holes or rivets in circumferential seams, not fair or not good. (o) .40 holes in any seams not properly spaced in crossing. tip) .40 when material is doubtful and not properly stamped, in' accordance with these regulations. **(g) .50 if joints are not close fitting, the plates being open when boiler is finished, or workmanship unsatisfactory. (r) .50 if boiler has not 'been inspected by inspectors authorized by the Act during the whole period of construction, in accordance with these regula- tions. Where marked X the inspector may, according to circumstances, increase the factor given, and in the event of satisfactory information not being obtainable, the inspector shall use a basic factor of safety of five, with such additions as his judgment may dictate. In the foregoing (a), (6), (c), (d), (e), (/), {g), (Ji) must be used separately, but may be added, when justified, to either (i), (j), (k), (I), (m) or (n), separ- ately, and to (o), (p), (q), or (r) separately, or to the whole four latter when calculating the efficiency of a joint. (s) Where any boiler has been subjected to overheating, strained by forcing,, crystallized by age or otherwise impaired, thefactorof safety expressed in section 27 shall be increased according to the discretion of the inspector. Nothing in the regulations shall be construed as requiring the Department to provide for the inspection of boilers outside of the province. S8. — Mammum Pitches for Riveted Joints. pM = (CXT)+lf. When— T= Thickness of plate in inches. pM= Maximum pitch of rivets in inches immediately inside the caulking edge or edges. C= Constant applicable from the following table: 1121 1911-13 Cap. 9 BOILERS No. of rivets in one pitch, p, (a) (b) (c) (d) and in one pitch p joint (e) Seci 32. Constant for Lap Joint. 1 2 3 4 5 1.31 2.62 3.47 4.14 Constant for Double Butt Strap Joints. 1.75 3.50 4.63 5.52 6.00 When work is first class, such pitches may be adopted, so far as safety is concerned, yet, in some cases, it may not be well to adopt the greatest pitch found by the formula. The maximum pitch should not exceed ten inches, with the thickest plates for boiler sheUs. $9. — Lap Outside Rivets. The lap outside rivet shank as measured from edge of rivet hole to edge of plate must be at least equal to diameter of rivet hole. 30. — Minimum Diameter of Rivet. The minimum diameter of rivets in riveted joints shall be five eighths (J) of an inch after driving, and in no case less than the thickness of any one plate in joint. SI. — Rivet Heads. The button head or partly spherical form of ordinary rivet heads is recommended, made to the sizes given in the following table: SIZE BUTl'DN HEADS COXJNTBRSTINK Diameter of Rivet before Driving Height Diameter at base Depth Diameter at outside of sheet 4" 3// i" 1" 15/32" 9/16" 21/32" ¥' 11" 1 6/16" li" If" 5/16" f" 7/16" 1" 1 3/16" 1 9/16" Providing conical head rivets are used, the following proportions should be followed: The lap of the head at each side of shank should be about J^ of an inch for a f inch rivet, 5/16 of an inch for | inch rivets, and | of an inch for 1 inch rivets. The height should riot be less than three-quarters of the diameter of the rivet. SS. — Efficiency of Riveted Joints. The efficiency that a unit of length of a riveted joint has to the same unit of length of the solid plate of which that joint is composed shaU be calculated by the following" formula: In the following formula the strength of rivets is double shear is taken as being 1.75 times their strength in single shear: C„ «»_-!. i Shear ing stroagth of rivets per square inch, = a constant =!p — s — : n: — ; — rr — — ^ ■■ — r Tensile strength of plate per square inch. and may be taken as: .85 for iron rivets and iron plates. .70 for steel rivets and steel plates. .65 for iron rivets and steel plates. 1122 BOILERS Cap. 9 1911-13 Chain riveted joints are prohibited for use under these regulations, which allow for use in boilers only the staggered types of riveting, and limit the number of rows of effective rivets in joints to three, whether in lap or butt strap construction. . K= Efficiency of joint. Kt= Efficiency of plate in joint. Ks= Efficiency of rivets in joint. Kst= Efficiency of combined plate and rivets in joint. K=Kt, Ks or Kst, whichever is least. P= Pitch of rivets in outside row when calculating the efficiency of joints. T= Thickness of plate in inches. Ti =Thicknes8 of each butt strap in inches. d= Diameter of rivet holes in joint. (a) Single Riveted Lap Joint. Ki=- Ks=- P-d ;XC PXT a = Area of one rivet in single shear. (b) Double Riveted Lap Joint. Kt==-^ 2a Ks=^5^XC 2a = Area of two rivets in single shear. (c) Treble Riveted Lap Joint. I I I P-d Kt= 3a p -4- 3a = Area of three rivets in single shear. Sinde, double or treble riveted butt strap joints, with single butt straps, shall be considered equal respectively to single, double or treble riveted lap joints. (d) Double Riveted Butt Joints with Equal Straps and Equal Pitch of Rivets in Each Row. P-d Kt=- -^x" 3. 5a = Area of two rivets in double shear. 1123 t4 i lv| f^ p 1911-13 Cap. 9 BOILERS (e) Treble Riveted Butt Joints with Unequal Straps and every other Rivet Omitted in Ovier Row. 8a = Area of four rivets in double shear, plus one rivet in single shear. (aXC)+[(P-2d)XT] ' PXT a = Area of one rivet in outer row in single shear. SS. — Distance Between Rows of Rivets. (o) V= (b) V = T/ (llP+4d) (P+4d) = Minimum distance in inches between rows of 10 rivets for lap joints and double riveted butt joint with straps of equal width, when every other rivet is omitted in the outer row. And treble riveted butt joints, with straps of equal width, with full number of rivets in all rows. >l(S'«)(s^«) (c) Vi = id) (e) (f) Minimum distance in inches between rows of rivets in double riveted butt joints with equal straps, and with full number of rivets in all rows. And between outer and middle rows of rivets for treble riveted butt joints when every other rivet is omitted in the outer row. '^f i — — — ^ = Minimum distance in inches for treble riveted 20 butt joints between inner and middle rows when every other rivet is omitted in outer row. PD= — 7q — = Minimum diagonal pitch in inches for treble riveted butt joints between inner and middle row when every other rivet is omitted in outer row. 6p+4d , . pd= — jn — = Minimum diagonal pitch in inches for all rows in double and treble riveted lap joints also for double and treble riveted butt joints, with full number of rivets in all rows. pD = jT;PH-d = Minimum diagonal pitch in inches for outer and middle rows of treble riveted butt joints, when every other rivet is omitted in outer row. 34. — Butt Straps, with Full Number Rivets in All Rows. 5XT Ti for double butt straps =- 8 Ti for single butt straps = o 1124 BoiLEES Cap. 9 1911-13 S5. — Dovble Butt Straps, when every other Rivet is Omitted in Outer Bow _ 5XT(P-d) ^ 8(P-2d) 36. — Longitudinal Seams. The longitudinal seam of a cylindrical boiler shell or drum shall not have a continuous length exceeding ten (10) feet, and the difference in location of adjoining longitudinal seams shall not be less than thirty (30) degrees, as measured in cross section. AU such seams must be located above the horizontal centre line. In designs where any departure from the above requirements is unavoid- able, special consideration may be given to same by the Department. 37. — Cylindrical Heads, Either Dished or Flat. Convex heads will not require staying providing they are one-sixteenth inch thicker than the shell or drum plates to which they are attached, and are also dished truly spherical to a raduis not less than the diameter of same. When convex heads are dished to a radius greater than the diameter of the shell to which they are attached, the working pressure allowable may be calculated by the following formula: ^ (t-l)XTS RX56 If the working pressure as thus calculated is less than the pressure allow- . able for the sheU to which they are attached, they may be calculated as flat surfaces, allowing in the calculations for the value of resistance to rupture or collapse as found by the formula. Where— B= Pressure allowable in pounds per square inch. t= Thickness of plate in sixteenths of an inch. TS=Tensile strength of plate, per square inch. R= Radius to which head is bumped in inches. h = Camber or height of bump measured from chord in inches. = Diameter of spherical portion of head, exclusive or radius at flange in inches. 38. — Radius to Which Head is Bumped. 2h win give a radius to which a head is bumped, care being taken to measure h and c correctly. 39. — Concave Heads. Concave heads are to be considered as only sixty per cent, of the strength of convex after calculating as provided in section 37. The circumferential joints for all such heads must be at least fifty-five per cent, the value of the soUd plate, and double riveted where practicable. 40.— Flat Heads. Flat heads other than dome heads should be stayed preferably by longi- tudinal stays having substantial upset ends and fitted with nuts and washers, the area to be stayed being determined as follows: When the head is flanged and riveted to the shell, a portion of it becomes stiff enough to carry the' boiler pressure without depending upon the braces. The distance that thus becomes self-supporting may be determined by the following formula: The allowance in inches for shell as stay to head to equal — 1^ |z~2iL. or radius of curvature of head flange, whichever is greatest. = \ B t= Thickness of head in sixteenths of an inch. B= Working pressure. 1125 1911-13 Cap. 9 BOILERS 4i. — Area of Head to be Stayed. When the area of any segment of a head to be stayed is required, the follow- ing formula shall be used: 4h2 [^ h= Height in inches of segment to be supported. (See sections 40 and 47a). A = Area of the segment in square inches. R= Radius in inches of segment to be supported. 42. — Diagonal Stays. Diagonal stays must be increased in area to an amount which shall be not less than the area that would be required for a direct stay, multipUed by H L When H equals the length of diagonal stays, L equals the length of a line drawn at right angles from the surface to be supported to a point on this line at right angles to the end of the diagonal stay. The angle which a diagonal stay makes with the shell shall not exceed thirty degrees (30°), and should be as much less as possible. The welding of crow feet or palm ends to stays is prohibited. 4S. — Rivet Area for Stays. The rivet area attaching stays of aU kinds to a head or shell shall aggregate twenty per cent. (20%) greater than the stay area. Where a stay end is attached to angle or tee bars by a stay pin in double shear, the pin may have an area of twenty-five per cent. (25%) less than the stay. 44' — Minimum Diameter of Rivets in Stays. The TninimiiTn diameter of rivets attaching stays of all kinds shall be three-quarters (|) of an inch. 45. — Gusset Stays. When gusset stays are used, they must be attached to plates between two angle irons, an allowance in area of ten per cent. (10%) being allowed in excess of that required for diagonal stays. The working pressure allowed for gusset stays shaU be calculated as follows: 3_Swt>'be^^e"'°° ^®* "^^^ director of surveys or surveyor appointed by him under the provisions of the next preceding section shall inspect the survey concerning which complaint has been made and shall consider any evidence that may have been presented to the stirveyor who made such survey; any surveyor employed by the director of surveys shall make a report to him in regard to such inspection and such returns of the same as said director of surveys may require; the said director of surveys may take such steps as he may consider advisable under the circumstances and shall make a report on his findings, or the findings of the surveyor employed by him to the registrar of titles applying for such inspection or council of the Alberta land surveyors, as the case may be. RE-SURVEYS. MmiojPtt^ 30. The council of any city, town, village or rural muni- SpSy fo?*^ cipality may on application of one-half of the persons registered or assessed as owners of the lands to be affected thereby, or of its own motion pass a resolution that it is desirable to re-survey and place durable monuments at the comers of any blocks, lots or other surveyed parcels of land within the limits of such city, town, village or rural municipality; upon receipt of such resolution the Lieutenant Governor in Council may direct a re-survey to be made of such blocl^, lots or other sur- veyed parcel of land and durable monuments to be placed to mark the corners thereof, and appoint a surveyor to have charge of such re-survey under the control and direction of the Minister. 1154 SURVEYS Cap. 13 1911-13 (2) Before commencing any such re-survey public notice thereof shall be given in two consecutive issues of The Alberta Gazette and once in each week for two consecutive weeks in some newspaper published in the vicinity of the lands to be affected thereby. (3) Any person who claims to know the position of one or Evidence of more of the monuments of the original survey, or to bt in posses-""^ """*'' sion of information whereby the position of such monument or monuments can be established, may giva notice thereof by registered letter to the Director of Surveys before the commence- ment of the re-survey. (4) Before re-establishing any monument with respect tOo/eWdOToe which any notice has been given the surveyor appointed to make such survey shall, by registered letter, request the person who has given such notice to appear before him at a time and place specified and to show the position of said monument or to produce the evidence in his possession with regard thereto. 31. Not less than one week after the last publication of the How survey notice as provided in the next preceding section the surveyor *°''°"^''® appointed shall proceed to make the re-survey in accordance with the provisions of this Act, and to place iron posts, or other durable monuments approved by the Minister, to mark the same^fa^ey and shall submit such returns of survey as the Minister may require. 32. Upon receipt of the returns of survey the Minister shall Con&mation cause a notice thereof to be inserted in two consecutive issues" ^""'^^ of The Alberta Gazette and once each week for a period of four consecutive weeks in some newspaper published in the vicinity of the lands re-suryeyed, and shall specify in the notice a day, not less than ten days from the date of the last pubUcation of such notice, on which the returns of survey will be considered, and the parties affected thereby heard, and on the hearing the Minister may either confirm the survey or direct such amendments or corrections to be made as shall seem just, and shall confirm the survey so amended or corrected, and the monuments so established shall thereafter mark the permanent boundary lines of the lands re-surveyed to all intents and purposes of law what- soever, and the order of the Minister confirming the said survey shall be final and conclusive upon all parties, and shall not be questioned in any court whatsoever, whether the old monuments marking the original survey, or any of them, be subsequently found or their position proved by other evidence or not. 33. All expenses in connection with any re-survey or placing Municipal of monuments imder the provisions of the four next preceding ^^„"^^*q^ sections of this Act shall be paid by the treasurer of the muni- survey dpality which made the application for such re-survey on the certificates of the Minister, which certificates may be issued from time to time as the survey progresses in his discretion. 34. Whenever application for such re-survey has been made by one-half the persons registered or assessed as owners of the lands to be affected thereby as hereinbefore provided, the council of such city, town, village or rural municipality shall cause to 1155 1911-13 Cap. 13 SUBVEYS be laid before it an estimate of the amount requisite to defray the expenses to be incurred in making any such re-survey and placing any monuments under the provisions of section 30 and the following sections, and such amount shall be added to and form part of the taxes of the lands affected for municipal purposes in proportion to the assessed value of such lands as shown by the last revised assessment roll and such amount may be recovered by any of the modes available for the recovery of taxes: Provided that the council may without a previous estimate levy on lands affected in the proportions aforesaid the amount of the expenses when the same shall have been incurred and ascertained and the certificates of the Minister certifying the amount of such expenses as aforesaid shall be conclusive evidence of the amoimt thereof. 35. Where an application is made by any such council upon its own motion, such council if it deems the application to be in the public interest in assisting to determine the boimdaries or limits of any such public road, or highway or the like, may pay out of the general fimds of the municipality either the whole of the expense or such part thereof as the council may deem proper, and in the event of the council paying part only of the expense out of the general funds the coumcil may order that the remainder of the expense be levied on the owners in the proportion and manner provided in the next preceding section. PERSONAL SUPERVISION. Personal Buperrision 36. All surveys made under this Act must be made in person on the ground by the surveyor certifying to the correctness thereof and a certificate in the form A in the schedule to this Act attached to any plan of a survey shall mean that the survey represented by such plan has been actually carried out by the surveyor maMng the same, under his personal supervision and direction on the ground, in such a manner that he is certain of its correct execution, that the survey has been fully posted and completed on the ground and that the system of survey employed has been in all respects in accordance with all the provisions of this Act. Obstructing surveyor 37. If any person or persons, in any part of this province, interrupts, molests or hinders any land surveyor, while in the discharge of his duty as a surveyor, such person or persons shall be guilty of an offence and on summary conviction thereof before a justice of the peace be liable to a fime not exceeding fifty dollars ($50.00) or to imprisonment for a term not exceeding two months, or to both fine and imprisonment; but nothing in this section contained shall prejudice or affect any civil remedy which such surveyor or any other party may have against such offender or offenders by reason thereof. 38. Nothing herein contained shall be deemed in any way to apply to surveys of Dominion lands or any other surveys made under the authority of any department of the Government of Canada. 1156 SURVEYS Cap. 13 1911-13 REMOVING OR DEFACING LAND MARKS. See The Criminal Code, R.S. of C, cap. 146, sees. 531 and 532. SCHEDULE. Form A. I, , Alberta Land Surveyor, do solemnly declare that the survey represented by this plan has been made by me in accordance with the provisions of The Alberta Surveys Act, and that this plan is correct and true to the best of my knowledge and belief and is pre- pared in accordance with the provisions of The Land Titles Act. Declared before me this day of 19 FOHM B. I ; , Alberta Land Surveyor, do solemnly declare that the survey represented by the foregoing field notes has been made by me in accordance with the provisions of The Alberta Surveys Act, and that the said field notes are correct and true to the best of my knowledge and belief. Declared before me .-. this day of 19 1911 -12 CHAPTER 14. An Act to amend The Herd Ordinance, being Chapter 81 of the Consolidated Ordinances. (Consolidated in CO. 1915, Chapter 81.) 1911-12 CHAPTER 16. An Act to amend The Railway Act. (Consolidated in 1907, Chapter 8.) 1157 1911-12 CHAPTER 16. An Act to authorize the Guarantee of Certain Securities of The Edmonton, Dunvegan and British Columbia Railway Company. (See also 1914, Cap. 27; 1915, Cap. 21.) (Assented to February 16, 1912.) \A7HEREAS the Edmonton, Dunvegan and British Coliunbia *' Railway Company, a company incorporated by an Act of the Parliament of Canada, is authorized to construct the Une of railway mentioned in the schedule hereto; And whereas it is expedient to authorize the guarantee by the government of certain securities to be secured upon the said line mentioned in the said schedule and to be issued by the company; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with the Edmonton, Dunvegan and British Columbia Railway Company (hereinafter called the company), to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called the securities) of the company in respect of the line of railway mentioned in the first column of the schedule to this Act, to the extent of th^ amount per mile mentioned in the second column of the said schedule, and for and in respect of the mileage of such line mentioned in the third column of the schedule to this Act, and upon the terms hereinafter set forth. 3. The certificate of the Minister of Railways and Telephones of the Province of Alberta as to the mileage of the said line shall, for the purposes of this Act and of the guaranteed securities, be conclusive, but the said Minister may issue interim certificates from time to time based upon the estimated mileage with regard thereto. A final certificate shall ultimately be issued by the said Minister with regard to the said line to accord with the miles and fractions of miles of the said line actualUy constructed between the points authorized. The said securities may be made payable in whole or in part in lawful money of Canada or in its equivalent in sterling or other money. Interest thereon shall be payable at the rate of four per cent, per aimum half- yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charge to a trustee or trustees 1158 EDMONTON, DXJNVEGAN & B.C. RAILWAY Cap. 16 1911-18 approved by the Lieutenant Governor in Council and such deed or deeds of trust shall grant a first mortgage or charge upon the line of railway, and the rolling stock, and equipment, present and future, acquired for the purposes of the said line, and the tolls, revenues and income arising and to arise therefrom, and the rights, privileges, franchises and powers of the company now or hereafter held or enjoyed in respect of the said line of railway and the operation and maintenance thereof. 4. The kind of securities to be guaranteed, and the form and terms thereof, and the form and terms of the deed or deeds of trust by way of mortgage securing them, and the times and maimer of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure of such moneys for the purposes of the said line of railway, and the form and manner of the guarantee or guarantees from time to time or at any time given in respect thereof, shall be such as the Lieutenant Governor in Council may approve. 5. The said guarantee or guarantees shall be signed by the Provincial Treasurer or such other officer as may be designated by the Lieutenant Governor in Coimcil and upon being so signed the Province of Alberta shall become liable for the payment of the principal and interest of the securities guaranteed according to the tenor thereof, and the Lieutenant Governor in Council is hereby authorized to make arrangements for suppljdng the money necessary to fulfil the requirements of the said guarantee or guarantees and to advance the amount necessary for that purpose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities the said guarantee or guarantees so signed shall be conclusive evidence that the requirements of this Act with respect to the guaranteed securities and the deed of trust and all matters relating thereto have been compUed with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby authorized shall be paid directly by the purchaser, subscriber, pledgee or lender into a bank or banks approved by the Lieutenant Governor in Council to the credit of a special account in the name of the Treasurer of the province or to such other credit as the Lieutenant Governor in Council may direct; and if the money be borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance only shall be paid in; and securities borrowed upon may after the loans thereon have been paid or discharged by the company be issued or re-issued and shall be secured by the said deed or deeds of trust and entitled to the benefit thereof notwithstanding such loans and payment or discharge. The balances at the credit of the special account or accounts shall be credited with interest at such times and at such rates as may be agreed upon between the company and the bank holding the same, and the said balances shall from time to time be paid out to the company or its nominees in monthly payments as far as practicable as the construction 1159 1911-lS Cap. 16 EDMONTON, DTJNVEGAN A B.C. RAILWAY of the line of railway mentioned in the schedule hereto is proceeded with to the satisfaction of the government according to the specification fixed by contract between the government and the company, and from time to time as the said work of construction proceeds the government shall (subject to the pro- visions of the next succeeding clause of this Act), out of the said balances, pay to the company or its nominees, in monthly payments as far as is practicable such sums as an engineer appointed by the Lieutenant Governor in Coimcil shall certify as justified, having regard to the proportion of the work done upon the said line of railway as compared with the whole work done and to be done thereon. The balance, if any, of the proceeds of such securities which may remain after the completion of the said line of railway shall be paid over to the company or its nominees. Pending completion of the said line of railway the balances at the credit of such special account shall, until paid out as above provided for, be deemed part of the mortgaged premises under said deed or deeds of trust and shall not be taken to be public moneys received by the province. 7. No amount shall be paid by the government out of the moneys arising by the sale, pledge or otherwise of the securities hereby authorized until work equal in value to fifty miles of constructed line has been completed by the company to the satisfaction of the government according to the specifications fixed by contract between the government and the company, but upon such work equal in value to fifty miles of constructed line being so completed by the company the government shall out of the moneys so realized by sale, pledge or otherwise of the securities hereby authorized pay to the company or its nominees such amount as an engineer appointed by the Lieutenant Governor in Council shall certify as justified, having regard to the proportion of the said work equal in value to fifty miles of constructed line as compared with the whole work done or to be done on the said line. 8. Work to the value of at least one hundred miles of con- structed line shall be done by the company upon the line of railway in the schedule mentioned on or before the thirty-first day of December, 1912, and similarly each consecutive year imtil the whole of the said line is completed and ready for traffic, and the said line shall be completed and ready for traffic on or before the thirty-first day of December, 1915. 1914, c. 2, s. 8. 9. The said line shall be constructed to a general standard in all respects, apart from grades and curvature (as to which the character of the country through which the Une passes shall be taken into consideration) not inferior to the standard set by the specifications of the main line of the Canadian Northern Railway between Winnipeg and Edmonton, and to the satis- faction of the Minister of Railways and Telephones. 10. Any payment by the province of principal or interest on the said securities, pursuant to the guarantee thereof, shall not in any event be taken to affect the liability of the company therefor under the securities so paid or under the deed or deeds of trust securing the payment thereof, but such Uability shall 1160 EDMONTON, DUNVEGAN & B.C. RAILWAY Cap. 16 1911-13 remain unimpaired and enforceable by the province against the company. The province shall be subrogated as against the company to all rights, privileges and powers to which the holders of the respective securities so paid were entitled by virtue of such securities, or of the said deed or deeds of trust prior to payment by the province under its guarantee, and shall with respect to the securities so paid be in the same position as a holder of securities upon which the company has made default. 11. Subject to the proviso in this section contained the deed or deeds of trust (hereinafter called the original instruments) securing the securities hereby authorized to be guaranteed may provide for the issue from time to time and ranking pari passu with the said securities and without preference or priority one over the other of additional securities of similar kind, tenor and effect in respect of the mileage of the line mentioned in the schedule hereto, and also additional securities of similar kind, tenor and effect also ranking pari passu and without preference or priority as aforesaid in respect of additional lines of railway in the Province of Alberta to be hereafter constructed by the company, but not exceeding twenty thousand dollars ($20,000) per mile of such additional Unes; provided always that before any such additional securities are issued the guarantee by the province of the payment of principal and interest thereof shall first have been authorized and the amount to be issued per mile in respect of such line or lines shall first have been fixed by the Legislative Assembly and that such guarantee shall first have been given pursuant thereto. 13. A supplementary deed or deeds of trust (herein called supplementary instruments) covering the said line mentioned in the schedule^ hereto in respect of which additional securities are authorized to be issued or such additional lines as afore- mentioned, as the case may be, in the form approved by the Lieutenant Governor in Council shall from time to time be taken to the trustees of the original instruments, and such additional securities shall be issued under the terms of the original instruments and supplementary instruments which, together with the mortgaged premises covered by the original and supplementary instruments, shall form the security for all the securities issued thereunder in the same manner and with the same effect as if the original instrument and supplementary instrument or instruments formed together but one instrument, and as if all securities issued or to be issued under the original or supplementary instruments were issued under one instrument. 13. Should the constructed mileage of the line specified in the schedule be less than the mileage estimated in the said schedule by reason whereof there remains — A surplus of authorized mileage in respect of which no securities were actually issued or guaranteed; or A surplus of proceeds of the moneys reaUzed by sale, pledge or otherwise of the guaranteed securities issued in respect thereof, the Lieutenant Governor in Council may guarantee additional securities in respect of such surplus of mileage or authorize the application of such surplus of proceeds, whichever mav be the 1161 1911-18 Cap. 16 EDMONTON, DUNVEGAN & B.C. RAILWAY case, in or in respect of further construction by the company or e3ctensions of the line mentioned in the schedule or of branches thereof, or of other lines of railway in Alberta approved by the Lieutenant Governor in Council. 14- A supplementary deed or deeds of trust covering the mileage further constructed by the company under the last preceding section of this Act shall be taken to the trustees of the original instruments mentioned in sections 11 and 12 of this Act, and the provisions of section 12 shall, where not incon- sistent with this section or with the last preceding section, apply to the supplementary deeds executed under this section and to the securities which may be issued and guaranteed in pursuance thereof. SCHEDULE. Line of Railway ^rS^Gu^^tfed A line of railway from Edmonton through Dunvegan to the western boundary of the province running south of Lesser Slave Lake $20,000 350 1162 1911-12 CHAPTER 17. An Act to authorize the Guarantee of Certain Securities of The Canadian Northern Railway Company. {See also 1909, Cap. 14.) {Assented' to February 16, 1912.) \X7HEREAS by chapter 14 of the Statutes of Alberta, passed "" in the year 1909, entitled "An Act to authorize the guarantee of certain securities of the Canadian Northern Railway Company" (hereinafter called the said Act), provisiqn was made for the guaranteeing by the Province of Alberta of securities in respect, ainongst others, of certain lines which the Canadian Northern Railway Company (hereinafter called the company) was author- ized to construct, and for the securing of the guaranteed securities by means of certain mortgages or deeds of trust; And whereas by section 10 of the said Act it was, amongst other things, enacted that provision might be made for the issue from time to time, ranking pari passu with the securities guaranteed under the said Act and without preference or priority one over the other, of additional securities of similar kind, tenor and effect, not exceeding $15,000 per mile of additional lines of railway in the Province of Alberta to be thereafter constructed by the company; provided that before such additional securities were issued the guarantee by the province of the payment of the principal and interest thereof should first have been authorized by the Legislative Assembly and that such guarantee should first have been given pursuant to such authorization; And whereas it is expedient to authorize the guarantee by the province of additional securities, pursuant to the said provision; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized, on such terms and conditions not inconsistent with the provisions of this Act, as may be agreed upon with the company to guarantee the payment qf the principal and iaterest of additional bonds, debentures, debenture stock or other securities (hereinafter called the additional securities) of the company to the extent and upon the terms hereinafter set forth. 2. The additional seciu-ities shall form part of the issue secured by the mortgage dated the tenth day of June, 1909, and made between The Canadian Northern Railway Company, National IVust Company, Limited, and The British Empire Trust Company Limited, as trustees, and His Majesty the Kmg, representing the Province of Alberta (being the deed of trust by way of mortgage securing the guaranteed securities authorized to be issued and guaranteed by the said Act); and the additional securities shall 1163 1911-13 Cap. 17 CANADIAN NORTHERN RAILWAY COMPANY be limited to the amount represented by $13,000 per mile of one additional line of railway (hereinafter called the additional line of railway) namely: The line of the company's railway extending from a point within the limits of the Province of Alberta, being mile 175 of the company's Saskatoon-Calgary line, measured along the centre line of such railway from Saskatoon, and rumung from such point in a generally westerly and southerly direction to a junction with the company's Vegreville-Calgary line near the crossing of the Red Deer River, a distance of about one himdred and thirty miles. 3. Before the additional securities are issued and guaranteed, supplementary mortgages or deeds of trust covering the lines mentioned in the, schedule to the said Act and the additional line of railway, in the form approved by the Lieutenant Governor in Council, shall, as provided in section 11 of the said Act, be taken to the trustees of the mortgage dated the tenth day of June, 1909, hereinbefore referred to. 4. The certifiicate of the Minister of Railways and Telephones of Alberta as to the mileage of the additional line of railway shall, for the purposes of this Act and of the additional securities, be conclusive. 5. The additional line of railway being already commenced shall be completed and put in operation on or before the 31st day of December, 1913. 6. All the provisions of the said Act not inconsistent with the provisions of this Act shall apply to the additional line of railway and to the additional securities issued and guaranteed in pursuance hereof. 1164 1911-12 CHAPTER 18. An Act to authorize the Guarantee of Certain Securities of The Grand Trunk Pacific Branch Lines Company. {Assented to February 16, 1912.) XXTHEREAS the Grand Trunk Pacific Branch Lines Company, "' a company incorporated by an Act of the ParUament of Canada, being chapter 99 of the Acts passed in the sixth year of the reign of His late Majesty King Edward the Seventh, is authorized to construct the line of railway mentioned in the schedule hereto and has already constructed a portion of the said line', And whereas it is e3q)edient to authorize the guarantee by the government of certain securities to be secured upon the said line mentioned in the said schedtde and to be issued by the company; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with the Grand Trunk Pacific Branch Lines Company (hereinafter called the company), to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called the securities) of the company in respect of the line of railway mentioned in the first column of the schedule to this Act, to the extent of the amount per mile mentioned in the second column of the said schedule to this Act, and upon the terms hereinafter set forth. 2. The certificate of the Minister of Railways and Telephones of the Province of Alberta as to the mileage of the said line shall, for the purposes of this Act and of the guaranteed securities, be conclusive, but the said Minister may issue interim certificates from time to time based upon the estimated mileage of the said line, or fixing temporarily the mileage with regard thereto. A final certificate shall ultimately be issued by the said Minister with regard to the said Une to accord with the miles and fractions of miles of the said fine actually constructed between the points authorized. The said securities may be made payable in whole or in part in lawful money of Canada or in its equivalent in sterling or other money. Interest thereon shall be payable at the rate of four per cent, per annum half-yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charged to a trustee or trustees approved by the Lieutenant Governor in Council and such deed 1165 1911-lS Cap. 18 GRAND TRUNK PACIFIC BRANCH LINES or deeds of trust shall grant a first mortgage or charge upon the line of railway, and the rolling stock and equipment, present and future, acquired for the purposes of the said line, and the tolls, revenues and income arising and to arise therefrom, and the rights, privileges, franchises and powers of the company now or hereafter held or enjoyed in respect of the said line of railway and the operation and maintenance thereof. 4. The kind of securities to be guaranteed, and the form and terms thereof, and the form and terms of the deed or deeds of trust by way of mortgage securing them, and the times and manner of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure of such moneys for the purposes of the said line of railway, and the form and manner of the guarantee or guarantees from time to time or at any time given in respect thereof, shall be such as the Lieutenant Governor in Coimcil may approve. 5. The said guarantee or guarantees shall be signed by the Provincial Treasurer or such other officer as may be designated by the Lieutenant Governor in Council and upon being so signed the Province of Alberta shall become liable for the payment of the principal and interest of the securities guaranteed according to the tenor thereof, and the Lieutenant Governor in Coimcil is hereby authorized to make arrangements for supplying the money necessary to fulfil the requirements of the said guarantee or guarantees and to advance the amount necessary for that purpose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities the said guarantee or guarantees so signed shall be conclusive evidence that the requirements of this Act with respect to the guaranteed securities and the deed of trust and all matters relating thereto have been complied with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby authorized shall be paid directly by the purchaser, subscriber, pledgee or lender into a bank or banks approved by the Lieutenant Governor in Council to the credit of a special account in the name of the Treasurer of the Province or to such other credit as the Lieutenant Governor in Council may direct; and if the money be borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance only shall be paid in; and securities borrowed upon may after the loans thereon have been paid or discharged by the company be issued or re-issued and shall be secured by the said deed or deeds of trust and entitled to the benefit thereof notwithstanding such loans and payment or discharge. The balances at the credit of the special account or accounts shall be credited with interest at such times and at such rates as may be agreed upon between the company and the bank holding the same, and the said balances shall from time to time be paid out to the company or its nominees in monthly payments as far as practicable as the construction of the line of railway mentioned in the schedule hereto is proceeded with to the satisfaction of the govermnent 1166 GRAND TBUNK PACIFIC BRANCH LINES Cap. 18 1911-13 according to the specifications fixed by contract between the government and the company, and from time to time as the said work of construction proceeds the government shall out of the said balances pay to the company or its nominees in monthly pa3Tnents as far as is practicable such sums as an engineer appointed by the Lieutenant Governor ia Coimcil shall certify as justified, having regard to the proportion of the work done upon the said line -of railway as compared with the whole work done and to be done thereon. The balance, if any, of the proceeds of such securities which may remain after the completion of the said line of railway shall be paid over to the company or its nominees. Pending completion of the said line of railway the balances at the credit of such special account shall, until paid out as above provided for, be deemed part of the mortgaged premises under said deed or deeds of trust and shall not be taken to be pubUc money received by the province. 7. The line of railway in the schedule mentioned shall be completed and ready for trafl&c on or before the thirty-first day of December, 1912. 8. The said line shall be constructed to a general standard in all respects, apart from grades and curvature (as to which the character of the coxmtry through which the line passes shall be taken into consideration) not inferior to the standard set by the specifications of the main line of the Canadian Northern Railway between Winnipeg and Edmonton, and to the satis- faction of the Minister of Railways and Telephones. 9. Any payment by the province of principal or interest on the said securities, pursuant to the guarantee thereof, shall not in any event be taken to affect the liabiUty of the company therefor under the securities so paid or under the deed or deeds of trust securing the payment thereof, but such liability shall remain unimpaired and enforceable by the province against the company. The province shall be subrogated as against the company to all rights, privileges and powers to which the holders of the respec- tive securities so paid were entitled by virtue of such securities, or of the said deed or deeds of trust prior to payment by the province under its guarantee, and shall with respect to the securities so paid be in the same position as a holder of securities upon which the company has made default. 10. Subject to the provision in this section contained the deed or deeds of trust (hereinafter called the original instruments) securing the securities hereby authorized to be guaranteed may provide for the issue from time to time and ranking Tpari passu with the said securities and without preference or priority one over the other of additional securities of similar kind, tenor and effect in respect of the mileage of the line mentioned in the schedule hereto, and also additional securities of similar kind, tenor and effect also ranking pari passu and without preference or priority as aforesaid in respect of additional lines of railway in the Province of Alberta to be hereafter constructed by the company, but not exceeding twenty thousand dollars ($20,000) per mile of such additional Unes; provided always, that before any such additional securities are issued the guarantee bv the 1167 1911-13 Cap. 18 GBAND TRUNK PACIFIC BRANCH LINES province of the payment of principal and interest thereof shall first have been authorized and the amount to be issued per mile in respect of such line or lines shall first have been fixed by the Legislative Assembly and that such guarantee shall first have been given pursuant thereto. 11. A supplementary deed or deeds of trust (herein called supplementary instruments) covering the said line mentioned in the schedule hereto in respect of which additional securities are authorized to be issued or such additional Unes as afore- mentioned, as the case may be, in the form approved by the Lieutenant Governor in Council shall from time to time be taken to the trustees of the original instruments, and such additional securities shall be issued under the terms of the original instruments and supplementary instruments which, together with the mortgaged premises covered by the original and supplementary instruments, shall form the security for all the securities issued thereunder in the same manner and with the same effect as if the original instrument and supplementary instrument or instru- ments formed together but one instrument, and as if all securities issued or to be issued under the original or supplementary instru- ments were issued under one instrument. 13. Should the constructed mileage of the fine specified in the schedule be less than the mileage estimated in the said • schedule by reason whereof there remains — A surplus of authorized mileage in respect of which no securities were actually issued or guaranteed; or A surplus of proceeds of the moneys reaUzed by sale, pledge or otherwise of the guaranteed securities issued in respect thereof, the Lieutenant Governor in Council may guarantee additional securities in respect of such surplus of mileage or authorize the application of such surplus of proceeds, whichever may be the case, in or in respect of further construction by the company or extensions of the line mentioned in the schedule, or of branches thereof, or of other lines of railway in Alberta approved by the Lieutenant Governor in Council. 13. A supplementary deed or deeds of trust covering the mileage further constructed by the company under the last preceding section of this Act shall be taken to the trustees of the original instruments mentioned in sections 10 and 11 of this Act, and the provisions of section 11 shall, where not inconsistent with this section or with the last preceding section, apply to the supplementary deeds executed under this section and to the securities which may be issued and guaranteed in pursuance thereof. SCHEDULE. Line of Railway Guarantee Milea^^ •' per mue guaranteed A line of railway known as the Alberta Coal Branch running from Bickerdike in a southerly and westerly direction to a point in Township forty- eight (48), Range twenty-one (21), west of the F3th meridian; thence south-easterly to a point in Township forty-seven (47), Range nineteen (19), west of the Fifth meridian $20,000 58 1168 1911-12 CHAPTER 19. An Act to authorize the Guarantee of Certain Securities of The Canadian^Northern Western Railway Company. {See also 1913 (1), Cap. 20; 1913 (2), Cap. 9; 1915, Cap. 20.) (Assented to February 16, 1912.) UIS MAJESTY, by and with the advice and consent of the * * Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with the Canadian Northern Western Railway Company (hereinafter called the company) to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called securities) of the company in respect of each of the lines of railway mentioned in the first column of the schedule to this Act, being the column of such schedule headed "Lines of Railway," to the extent of the amounts per mile respectively set opposite each of such lines in the second column of the said schedule, being the colmnn headed "Guarantee per mile in dollars," and for and in respect of the mileage of such lines respectively set opposite each of such lines in the third column of the schedule (whether the same be for and in respect of the whole mileage of such liaes respectively or any portion thereof) being the column headed "Mileage guaranteed," and upon the terms hereinafter set forth. 2. The certificate of the Minister of Railways and Telephones of the Province of Alberta as to the mileage of the said respective lines of railway shall, for the purposes of this Act and of the guaranteed securities, be conclusive, but the said Minister may issue interim certificates from time to time based upon the estimated mileages of the said lines or any of them, or fixing temporarily the mileages with regard thereto. Final certificates shall be ultimately issued by the said Minister with regard to each of the said lines to accord with the miles and fractions of miles of the said lines actually constructed between the points authorized. The said securities may be made payable in whole or in part in lawful money of Canada or in its equivalent in sterling or other money. Interest thereon shall be payable at the rate of foiu- per cent, per annum half-yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charged to a trustee or trustees approved by the Lieutenant Governor in Council and such deed 1169 1911-13 Cap. 19 CANADIAN NORTHERN WESTERN RAILWAY or deeds of trust shall grant a first mortgage or charge upon the line or lines of railway included therein and with respect to the mileage of which the securities secured thereby are issued, and the rolling stock and equipment, present and future, acquired for the purposes of the said line or lines so included in such deed or deeds of trust respectively, and the tolls, revenues and income arising and to arise therefrom, and the rights, privileges, franchises and powers of the company now or hereafter held or enjoyed in respect of the said line or lines and the operation and mainten- ance thereof. 4. The kind of securities to be guaranteed, and the form and terms thereof, and the form and terms of the deed or deeds of trust by way of mortgage securing them, and the times and manner of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure of such moneys for the purposes of the said lines of railway respectively, and the form and manner of the guarantee or guarantees from time to time or at any time given in respect thereof shall be such as the Lieutenant Governor in Council may approve. 5. The said guarantee or guarantees shall be signed by the Provincial Treasurer or such other ofiicer as may be designated by the Lieutenant Governor in Council and upon being so signed the Province of Alberta shall become liable for the payment of the principal and interest of the securities guaranteed according to the tenor thereof, and the Lieutenant Governor in Council is hereby authorized to make arrangements for supplying the money necessary to fulfil the requirements of the said guarantee or guarantees and to advance the amount necessary for that purpose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities the said guarantee or guarantees so signed shall be conclusive evidence that the requirements of this Act with respect to the guaranteed securities and the deed of trust and all matters relating thereto have been complied with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby authorized shall be paid directly by the purchaser, subscriber, pledgee or lender into a bank or banks approved by the Lieutenant Governor in Council to the credit of a special account in the name of the Treasurer of the province or to such other credit as the Lieutenant Governor in Council may direct; and if money be borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance only shall be paid in; and securities borrowed upon may after the loans thereon have been paid or discharged by the company be issued or re-issued, and shall be secured by the said deed or deeds of trust and entitled to the benefit thereof notwith- standing such loans and payment or discharge. The balances at the credit of the special account or accounts shall be credited with interest at such times and at such rates as may be agreed 1170 CANADIAN NOETHEBN WESTERN RAILWAY Cap. 19 1911-12 upon between the company and the bank holding same, and the said balances shall from time to time be paid out to the company or its nominees in monthly payments as far as is practicable as the construction of the respective lines of railway specified in the schedule hereto is proceeded with to the satis- faction of the government according to the specifications fixed by contract between the government and the company, and from time to time as the said work of construction proceeds the government shall out of the said balances pay to the company or its nominees in monthly payments as far as is practicable such sums as an engineer appointed by the Lieutenant Governor in Council shall certify as justified, having regard to the proportion of work done upon the said respective lines of railways as compared with the whole work done and to be done upon such fines respectively, each line for this purpose being treated as a separate line. The balance, if any, of the proceeds of such securities (at the rates respectively specified in the schedule hereto) which may remain after the completion of each of the said lines of railway, respectively, treated as separate lines, shall be paid over to the company or its nominees. Pending completion of the said respec- tive fines the balances at the credit of such special accounts shall, until paid out as above provided for, be deemed part of the mortgaged premises under said deed or deeds of trust and shall not be taken to be pubUc moneys received by the province. 7. Work to the value of at least two hundred (200) miles of constructed fine shall be done by the company upon the lines in the schedule mentioned on or before the 31st day of December, 1912, and similarly each consecutive year until the whole of the said lines are completed and ready for traffic; and the said fines shall be completed and ready for traffic on or before the 31st day of December, 1915. 8. The said fines shall be constructed to a general standard in all respects, apart from grades and curvature (as to which the character of the country through which the fines pass shaU be taken into consideration) not inferior to the standard fixed by the specifications of the main line of the Canadian Northern Railway between Winnipeg and Edmonton, and to the satisfaction of the Minister of Railways and Telephones. 9. Any payment by the province of principal or interest on the said securities, pursuant to the guarantee thereof, shaU not in any event be taken to affect the liabifity of the company therefor under the securities so paid or under the deed or deeds of trust securing the payment thereof, but such liability shall remain unimpaired and enforceable by the province against the company. The province shafi be subrogated as against the company to all rights, privileges and powers to which the holders of the respec- tive securities so paid were entitled by virtue of such securities, or of the said deed or deeds of trust prior to payment by the province under its guarantee, and shaU with respect to the securities so paid be in the same position as a holder of securities upon which the company has made default. 10. Subject to the proviso in this section contained, the deed or deeds of trust (hereinafter called the original instruments) 1171 1911-13 Cap. 19 CANADIAN NOBTHEKN WESTERN RAILWAY securing the securities hereby authorized to be guaranteed may provide for the issue from time to time and ranking pari passu with the said securities and without preference or priority one over the other of additional securities of similar kind, tenor and effect in respect of the mileage of any of the lines mentioned in the schedule hereto, and also additional securities of similar kind, tenor and effect also ranking pari passu and without preference or priority as aforesaid in respect of additional lines of railway in the Province of Alberta to be hereafter constructed by the company, but not exceeding twenty thousand dollars ($20,000) per mile of such additional Unes; provided always, that before any such additional securities are issued the guarantee by the pro-vince of the payment of the principal and interest thereof shall first have been authorized and the amounts to be issued per mile in respect of such lines shall first have been fixed by the Legislative Assembly and that such guarantee shall first have been given pursuant thereto. 11. A supplementary deed or deeds of trust (herein called supplementary instruments) covering the said lines mentioned in the schedule hereto in respect of which additional securities are authorized to be issued or such additional lines as afore- mentioned, as the case may be, in the form approved by the Lieutenant Governor in Council shall from time to time be taken to the trustees of the original instruments, and such additional securities shall be issued under the terms of the original instru- ments and supplementary instruments which, together with the mortgaged premises covered by the original and supple- mentary instruments, shall form the security for all securities issued thereunder in the same manner and with the same effect as if the original instrument and supplementary instrument or instruments formed together but one instrument and as if all the securities issued or to be issued under the original or supplementary instruments were issued under one instrument. 13. Should the constructed mileage of any line or lines specified in the schedule to this Act, or the aggregate mileage of some or all of such lines, be less than the mileages estimated in the said schedule, by reason whereof there remains — A surplus of authorized mileage in respect of which no securities at the rates respectively specified with regard thereto in such schedide were actually issued or guaranteed; or A surplus of proceeds of the moneys realized by sale, pledge or otherwise of guaranteed securities issued in respect thereof, the Lieutenant Governor in Council may guarantee additional securities in respect of such surplus of mileage or authorize the application of such surplus of proceeds, whichever may be the case, in or in respect of the further construction by the company of extension of the lines mentioned in the said schedule, or of branches therefrom, or of other Unes of railway in Alberta approved by the Lieutenant Governor in Council. (2) A supplementary deed or deeds of trust covering the mileage further constructed by the company under this section shall be taken to the trustees of the original instruments mentioned 1172 CANADIAN NORTHERN WESTERN RAILWAY Cap. 19 1911-13 in sections 10 and 11 of this Act, and the provisions of section 11 shall, where not inconsistent with this section, apply to the supplementary deeds executed under this section and to the securities which may be issued and guaranteed in pursuance hereof. SCHEDULE. Guarantee Lines of Railway per mile Mileage in dollars guaranteed 1. From a point on the Canadian Northern Railway- in the Town of Athabasca Landing; thence in a generally north-easterly direction to a point on the Athabasca River at ornear Fort McMurray. . $15,000 175 2. From a point on the line described in paragraph 1 of this schedule; thence in a generally easterly direction to a point at or near Lac la Biche. . . . 15,000 40 3. From a point on the authorized line of the Canadian Northern Railway at the Town of Athabasca Landing; thence in a north-westerly direction on the north side of the Athabasca River to Lesser Slave Lake; thence on the north side of Lesser Slave Lake to a point at the Village of Grouard, and thence to a point on Peace River at Peace River Landing 15,000 100 4. From a point on the Canadian Northern Alberta Railway at or near Onoway; thence in a generally north-westerly direction to a point on the pro- vincial boundary line at or near Pine or Peace River Passes, or one of them 20,000 250 5. From a point on the constructed line of the Canadian Northern Railway at or near Edmonton; thence in a north-easterly direction on the north side of the North Saskatchewan River to St. Paul de Metis, and thence to the eastern boundary of the Province of Alberta 13,000 100 6. From a point on the constructed line of the Canadian Northern Railway at or near Bruderheim; thence in a generally easterly and south-easterly direction to a point at VemuUon; thence in a southerly direction to a point at or near Wainwright and via Haima through Medicine Hat to a point on the southern boundary of the Province of Alberta; with a branch from a point north-west of Vermilion in Townships 53 and 54 easterly to the eastern boundary of the province. (Am. 1915, c. 2., s. 19) 13,000 200 7. From a point at or near Calgary; thence in a generally north-easterly direction to the company's authorized line running toward the Brazeau River 13,000 100 8. From Camrose in a generally south-easterly direction keeping north of the Battle River until the line reaches to or near the eastern boundary of Range 12; thence in a south-easterly direction to the eastern boundary of the Province of Alberta .... 13,000 80 9. From a point on the company's line, Brazeau branch, at or near Medicine lUver; thence in a generally southerly direction through the Village of Cochrane and thence west of the Porcupine Hills into Pincher Creek, on the authorized line of the Canadian Northern Railway running south- westerly from Macleod, and northerly from the said point of juncture at or near the Medicine River west of Pigeon Lake to Strathcona 15,000 100 10. From a point on the company's line running toward the Brazeau River, at or near Blackfalds; thence in a generally easterly and southerly direction to connect with the Saskatoon-Calgary line of the Canadian Northern Railway 13,000 130 1173 Short title Interpretation Clerk of the municip^ty Court, judge Council Municipality Voter Application of Act 191 1-12 CHAPTER 20. An Act respecting the Punishment of Corrupt Practices at Municipal Elections and the Trial of Controverted Municipal Elections. (Assented to February 16, 1912.) LJIS MAJESTY, by and with the advice and consent of the * •*■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Controverted MunidpcH Elections Act." 3. In this Act unless the context, otherwise requires — 1. The expression "clerk of the municipality" means and includes the clerlg of any city to which this Act applies, the secretary of any rural municipality or town, or the secretary- treasurer of any village, as the case may be; 2. The expression "court" means the District Court of the judicial district within which the municipality is wholly situated, or if portions of the municipality are situated in two or more judicial districts the District Court of any such judicial district and the expression "judge" means the judge of said court; 3. The expression "council" means the municipal council of any city to which this Act applies, town, village or rural municipality; 4. The expression "municipality" means and includes cities to which this Act apphes, town, villages and rural municipalities; 5. The expression "voter" means any person entitled to vote at any election or upon any by-law, as the case may be, ' in any municipality or any person actually voting at any such election or upon any such by-law. 3. Nothing in this Act contained shall apply to cities incor- porated by Ordinance or Act at the date of the coming into force of this Act. COREUPT PRACTICES. Bribery ^_ -pj^g foUowiug pcrsons shall be deemed guilty of bribery and shall be punishable accordingly: 1. Every person who directly or indirectly by himself or by any other person on his behalf gives, lends or agrees to give or lend or offers or promises money or valuable consideration or gives or procures or agrees to give or procure or offers or promises any oflBce, place or employment to or for any voter or to or for any person on behalf of any voter or any person in order to induce any voter to vote or to refrain from voting at an election or to 1174 CONTROVERTED MUNICIPAL ELECTIONS Cap. 20 1911-13 vote or refrain from voting upon a by-law for raising money or creating a debt or who corruptly does any such act as aforesaid on account of such voter having voted or having refrained from voting at such election or upon such by-law; 2. Every person who directly or indirectly by himself or by any other person on his behalf makes any gift, loan, offer, promise or agreement as aforesaid to or for any person in order to induce such person to procure or defeat or endeavour to procure or defeat the return of any person to serve in the council or to procure or defeat the passing of any by-law as aforesaid or the vote of any voter at an election or at the voting upon any by-law; 3. Every person who by reason of any such gift, loan, offer, promise, procurement or agreement procures or engages or promises or endeavours to procure or defeat the return of any person in an election or to procure or defeat the passing of any by-law as aforesaid or the vote of any voter at an election or at the voting upon a by-law; 4. Every person who advances or pays or causes to be paid money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at an election or at any voting upon any such by-law as aforesaid or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election or at the voting upon any such by-law; 5. Every voter who before or during an election or before or during the voting on any such by4aw directly or indirectly by himself or any other person on his behalf receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or any other person for voting or agreeing to vote or refraining or agreeing to refrain from voting at any such election or upon any such by-law; 6. Every person* who after any such election or the voting upon any such by-law directly or indirectly by himself or any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any such election or upon any such by-law; 7. Every person who hires horses, teams, carriages or other vehicles for the purpose of conveying voters to or from the polls and every person who receives pay for the use of any horses, teams, carriages or other vehicles for the purpose of conveying voters to and from any poll as aforesaid. 5. Every person who directly or indirectly by himself or by Threats, etc any other person on his behalf makes use of or threatens to make use of any force, violence or restraint or inflicts- or threatens the infliction by himself or by or through any other person of any injury, damage, harm or loss or in any manner practises mtunidation upon or against any person in order to induce or compel any such person to vote or refrain from voting at any election or at the voting upon any b;;yaw' or on account of any such person having voted or refrained frdiii voting thereat, or who by abduction, duress or any fraudulent device or contrivance impedes, prevents or otherwise interferes with the free exercise of the franchise of a voter or thereby compels, induces or prevails 1175 1911-13 Cap. 20 CONTROVERTED MUNICIPAL ELECTIONS upon a voter to give or refrain from giving his vote at any election or at the voting upon any by-law shall be deemed to have committed the offence of undue influence. Peraonal 6. The actual personal expenses of a candidate, his expenses for actual professional services performed and all bona fide payments for the fair cost of printing and advertising shall be held to be expenses lawfully incurred and the payment thereof shall not be a contravention of this Act. Evidence on QUO warranto 7. When upon a motion- in the nature of a quo warranto a question is raised as to whether the candidate or any voter or other person has been guilty of any violation of section 4 or section 5 hereof affidavit evidence shall not be used to prove the offence but it shall be proved by viva voce evidence. Forfeiture and dis- qualification 8. Any candidate elected at an election who is found guilty by a judge upon the hearing of a motion in the nature of a quo warranto of any act of bribery or of using undue influence as aforesaid shall forfeit his seat and shall be ineligible as a candidate at any election for four years thereafter. Dis- qualification 9. Any person who is adjudged guilty of. any offence within the meaning of section 4 or section 5 hereof shall incur a penalty of $100 and shall be disqualified from voting at any election or upon any by-law for the next succeding two years. Recovery of penalty 10. The money penalty imposed by the next preceding section shall be recoverable with fuU costs of suit by any person who sues for the same in the District Court and any person against whom judgment is rendered shall Ije ineligible either as a candidate or an elector until the amount so recovered against him has been fully paid and satisfied. Imprisonment 11. Thc judgc shall direct that in default of payment of the said penalty and costs within the time fixed by the judge the offender shall be imprisoned for such period not exceedii^ thirty days as is directed by the said judgment and in case of such default of payment the judge shall issue a warrant for the arrest and imprisonment of the offender in accordance with the said judgment until the penalty and costs are fully paid or for such other period not exceeding thirty days as the order may direct. Report of liability to penalty 13. The judge who finds any candidate guilty of a contra- vention of section 4 or section 5 hereof or who adjudges any person to pay any penalty imposed under section 9 shall report the same forthwith to the clerk of the municipality. Record of disqualified persons 13. The clerk of the municipality shall enter in a book to be kept for that purpose the names of all persons who have been so adjudged guilty of any offence within the meaning of section 4 or section 5 hereof and whose names have been reported to him by the judge aforesaid. 1176 CONTROVERTED MUNICIPAL ELECTIONS Cap. 20 1911-13 14. Every witness shall be bound to attend before the judge witnesses upon being served with a subpoena directing his attendance and upon payment of the necessary witness fees and conduct money and in default thereof he may be punished for contempt. 15. No person shall be excused from answering any question Privilege of put to him upon the hearing of any motion in the nature of a™*"™^ guo warranto or in any proceeding touching or concerning any election or the voting upon any by-law or the conduct of any person in relation thereto on the ground of any privilege or on the ground that the answer to the question will tend to criminate him; but no answer to any such question shall be used in any proceeding under this Act against such person if the judge gives to him a certificate that he made full and true answers to the satisfaction of the judge. 16. All proceedings under this Act other than an application Limitation in the nature of a quo warranto against any person for any violation of section 4 or section 5 hereof shall be commenced within four weeks after the election at which the offence is alleged to have been committed or within four weeks after the day of the voting upon a by-law as aforesaid. 17. No pecuniary penalty or forfeiture imposed by this Act Exemption shall be recoverable for any act of bribery or corrupt practice at an election or at the voting upon a by-law in case it appears that the person charged and another person or other persons were together guilty of the act charged either as giver or receiver or as accomplices or otherwise and that the person charged has previously bona fide prosecuted the other person or persons or any of them for the said act but this provision shall not apply in case the judge before whom the person claiming the benefit thereof is charged certifies that it clearly appears to hitn that the person so charged took the first step towards the commission of the offence charged and was in fact the principal offender. TRIAL OF CONTESTED ELECTIONS. 18. In case the validity of an election of a member of any Trial of municipal council or his right to hold the seat is contested the """tested same may be tried by a judge; any candidate at the election**" ""^ or any voter who gave or tendered his vote thereat or (in case of an election by acclamation or in case the right to sit is contested on the grounds that a member of the council has become disquaUfied or has forfeited his seat since his election) any voter may be the relator for the purpose. 19. If within six weeks after an election a relator shows by Notice of affidavit to a judge reasonable grounds for supposing that the™"*'™ election was not legal or was not conducted according to law or that the person declared elected thereat was not duly elected or for contesting the vahdity of the election of any member of the council or in case at any time a relator shows by affidavit to a judge reasonable grounds for supposing that a member of the council has forfeited his seat or has become disqualified since his election and has not resigned his seat the judge may grant 1177 1911-13 Cap. 20 'CONTHOVEBTED MUNICIPAL ELECTIONS his fiat authorizing the relator upon entering into a sufficient recognizance as hereinafter provided to serve a notice of motion in the nature of a quo warranto to determine the matter. (2) The recognizance shall be entered into before the judge or before a commissioner for taking affidavits by the relator in the sum of $200 and by two sureties to be allowed as sufficient by the judge upon affidavits of justification each in the sum of |lOO; and shall be conditioned to prosecute the motion with effect and to pay to the party against whom the motion is made (who is herein called "the respondent") any costs which may be adjudged to him against the relator. (3) When the sufficiency of the said sureties has been deter- mined and the said recognizance has been allowed as sufficient by the judge he shall note or endorse thereon and upon the fiat allowing service of the notice of motion the words "recognizance allowed" and shall initial the same. notior**"' 30. The notice of motion shall be at least seven clear days' notice and it may either state the return day of the motion or may state that the motion will be made on the eighth day after the day of service of the notice excluding the day of service. (2) The relator in his notice of motion shall set forth his name in full, his occupation, place of residence and the interest which he has in the election as a candidate or a voter and shall also state specifically under distinct heads all the grounds of objection to the validity of the election complained against and in favour of the validity of the election of the relator or of any other person or persons where the relator claims that he or they or any of them have been duly elected or the grounds of forfeiture or disquaUfica- tion of the respondent or as the case may be. Affidavits, etc. 31. Bcforc Serving his notice of motion the relator shall file all the affidavits and material upon which he intends to rely except where viva voce evidence is to be taken; when in such case he shall name in his notice the witnesses whom he proposes to examine. Service 33. The uotice shall be served in such manner as the judge shall direct. Time of service 33. Services of the notices of motion shall be made within two weeks from the date of the fiat so granted by the judge unless otherwise ordered by the judge. Claim of seat 34. In case the relator alleges that he himself or some other' person has been duly elected the motion shall be to try the validity both of the election complained of and of the alleged election of the relator or other person or persons. Combination of motions 35. In case any of ithe grounds of objection apply equally to two or more persons elected the relator may proceed by one motion against all such persons. Groiuids of decision 36. Upon the hearing of the motion the relator shall not be allowed to object to the election of the respondent or to attack his right to sit or to support the election of any person alleged 1178 CONTEOVBHTED MUNICIPAL ELECTIONS Cap. 20 1911-12 to have been duly elected upon any ground not specified in the notice of motion; but the judge in his discretion may enter- tain any substantial ground of objection to or in support of the vahdity of the election of either or any of the parties which may appear in the evidence before him. 21. The judge may require the clerk of the municipality Production to produce before him such ballot papers, books, voters' and° '^^^^" other lists and such other records of the election and papers in his hands connected therewith as to the judge may from time to time seem fit. 28. The judge may if he thinks proper at any stage of the Eetummg proceedings make an order adding the returning officer or anyma™be*added deputy returning officer or assistant deputy returning officer or any other person as a party thereto. 29. The judge may allow any person entitled to be a relator ^^*^^^°*'°" to intervene and prosecute or defend and may grant a reasonable parties time for that purpose; and an intervening party shall be liable or entitled to costs like any other party to the proceedings. 30. The judge shall in a summary maimer without formal bearing pleadings hear and determine the vaUdity of the election or the right of the respondent to sit, and may inquire into the facts on affidavit or affirmation or by oral testimony. 31. In case the election complained of is adjudged invafid •'"^s""™' the judge shall by the judgment order the respondent to be removed and his seat shall ipso facto be vacated; and in case the judge determine that any other person was duly elected the judge shall forthwith order such other person to be admitted to the office. (2) If the judge should determine that the election of all members of any council is invalid or if he should determine that all the members of any council have become disqualified or have forfeited their seats he shall forthwith order a new election to be held and such order shall be directed to the clerk of the municipality who shall have all such powers in connection with the holding of such election as are conferred by law upon the council of such municipality for filling vacancies in the council; provided that the Minister shall have power to make such regulations for the conduct of such elections not inconsistent with any Ordinance of the North-West Territories or Act of the Province of Alberta having the force of law in such muni- cipality as he may deem proper, from time to time, and such secretary-treasurer shall conform in all respects to such regulations. 32 Where an election has been held invalid owiag to the Liability of improper refusal of any returning officer or deputy rettinungoffiS!etc. officer or assistant deputy returning officer to receive ballot papers tendered by duly qualified voters or to give ballot papers to duly qualified voters the judge may in his discretion order the costs of the proceedings to unseat the person declared elected or any part thereof or any other costs to be paid by such returning officer, deputy returning officer or assistant deputy returning officer. 1179 1911-13 Cap. 20 CONTROVERTED MUNICIPAL ELECTIONS (2) Nothing herein contained shall affect any right of action against a returning officer, deputy retumii^ officer or assistant deputy returning officer or shall be deemed to relieve such returning officer, deputy returning officer or assistant deputy returning officer from any other penalty or punishment to which he may be liable. Form aad e£Fect of order 33. After the adjudication upon the case an order shall be drawn up in the usual manner which shall state concisely the ground and effect of the decision which order may be at any time amended by the judge in regard to any matter of form and the order shall have the same force and effect as a writ of mandamus formerly had in the like case. . Return 34. The judge shall immediately after his decision return his order with all things had before him touching the same to the proper office of the court in which the proceedings are intitiiled there to remain of record as a judgment of the court; and as occasion requires the judgment may be enforced in the same manner as an ordinary order of mandamus and (for the costs awarded) writs of execution. Disclaimer after motion TransmisBion 35. Any person whose election is complained of unless such election is complained of on the ground of corrupt practices on the part of such person or any person whose seat is attacked on the ground that he has become disqualified or has forfeited his seat may within one week after service on him of a notice of motion as aforesaid transmit postpaid through the post office directed to the clerk of the court and also to the relator or his soUcitor, or he may cause to be dehvered to the said clerk and to the relator or his solicitor a disclaimer signed by him in the form or to the effect following: I, A.B., upon whom notice of motion in the nature of a quo warranto has been served for the purpose of contesting my right to the office of mayor {or reeve, overseer, alderman or councillor, as the case may be) of {name of munidpality) do hereby disclaim the said office and all defence of any right I may have to the same. Dated this day of , 19 . . . . (Signed) A.B. 36. The disclaimer or the envelope containing the same shall be endorsed on the outside thereof with the word "disclaimer" and shall if sent through the post be registered at the post office where it is mailed. Disclaimer^ before motion 37. When there has been a contested election the person elected may at any time after the election and before his election is complained of deliver to the clerk of the.municipaUty a disclaimer signed by him as follows: I, A.B., do hereby disclaim all right to the office of mayor (or reeve, overseer, alderman or councillor, as the case may be) of (name of municipality) and all defence of any right I may have to the same. Dated this day of ,19 ... (Signed) A.B. 1180 CONTEOVEKTED MUNICIPAL ELECTIONS Cap. 20 1911-13 38. A disclaimer filed under section 37 hereof shall reheve|^^,^*^^j. the person making it from all liability to costs and where disclaimer has been made in accordance with section 35 or 37 hereof it shall operate as a resignation and the vacancy so created shall be filled in the manner provided by the provisions of the law governing the municipality respecting the filling of vacancies in the council. 39. Every person disclaiming under section 35 hereof shall Transmission deliver a duplicate of his disclaimer to the clerk of the municipality and the said clerk shall forthwith communicate the same to the council. 40. The decision of a judge shall be appealable to the Supreme Right oj Court en banc and the proceedings incident thereto shall be*""**' the same as nearly as may be as in the case of an appeal in other cases from a decision of a judge of the District Court. 41. The judges of the Supreme Court or such of them as may ■'^^^^^f ^*° be authorized by The Judicature Ordinance to frame and pro-m^TriSei mulgate rules of court may make rules for regulating the form of any writs, notices, orders or other proceedings to be issued, given or made under the provisions of this Act, and respecting the practice generally in hearing and determining the validity of such elections or the question of the right of any person to sit in a coimcil, and may fix a tariff of costs to be taken thereon and may from time to time rescind, alter or add to such rules. 43. On, from and after the passing of this Act the provisions feoti^m of sections 54 to 82 inclusive of The Municipal Ordinance and oi Municipal any amendments thereto shall no longer apply to any municipality not'to^piy to which this Act applies, and the provisions of this Act shall be substituted therefor. 43. The Lieutenant Governor in Council shall by proclamation commence- pubUshed in The Alberta Gazette declare the day on and after ™"'*°''*^°* which this Act shall become and be in force and the said Act shall on and after such day so declared become and be in force. PROCLAMATION. Edmonton, Monday, November 18, 1912. His Honour the Lieutenant Governor has been pleased to proclaim in accordance with the provisions of Section 43 6i The Controverted Municipal Elections Act (being chapter 20 of the Statutes of Alberta 1911-12) that the said Act be in force on from and after the 20th day of November, 1912. E. Tkowbkidge, Deputy Provincial Secretary. (See Alberta Gazette, Vol. 8, No. 22, page 6.) 1181 1911-12 CHAPTER 21. An Act for Raising Money on the Credit of the General Revenue Fund of Alberta. (Assented to December 20, 1911.) UIS MAJESTY, by and -with the advice and consent of the * ■*• Legislative Assembly of the Province of Alberta, enacts as follows: 1. It shall be lawful for the Lieutenant Governor in Council from time to time to authorize the Provincial Treasurer to raise by way of loan upon the credit of the province such sum or sums of money not to exceed in the whole Five MilUon Dollars, for all or any of the pm-poses following, that is to say: (a) For the extension of the Provincial Telephone system; and (&) For the establishment and construction of trunk roads with necessary bridges thereon. 3. The aforesaid sums of money may be borrowed for any term or terms not exceeding fifty years at a rate not exceeding four per cent, per annum, and shall be raised upon the credit of the General Revenue Fund of Alberta, and shall be chargeable thereon. 1182 1911-12 CHAPTER 22. An Act to give effect to Certain Provisions of the Dominion Lands Surveys Act in relation to Property and Civil Rights in the Province of Alberta. (Assertied to February 16, 1912.) \X7HEREAS by The Dominion Lands Surveys Act, being chapter Preamble '" 21 of the Statutes of Canada, 1908, provision is made for the re-survey of Dominion lands by Dominion land surveyors under the direction of the Surveyor General; And whereas it is necessary for the proper carrying into effect of the provisions of the said Act in regard to re-survey that pro- vision should be made for the re-survey by Dominion land surveyors under the direction of the Svu^eyor General of lands which were originally Dominion Jands but have ceased or shall cease to be so; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. Sections 56, 58, and 60 to 67, inclusive, of The Dominion Section se, Lands Surveys Ad, being chapter 21 of the Statutes of Canada, ^,i/s^^ 1908, are in so far as it is within the competence of the Legis-^^^^l'g^^ lative Assembly of Alberta so to enact declared to apply andcertaSunds to have applied to all lands within the province, which were "" ^^"^^^ originally Dominion lands, within the meaning of The Dominion Lands Surveys Act, and which have been or shall hereafter be transferred or otherwise disposed of by His Majesty in the right of the Dominion of Canada to any person whatsoever, and to any rights which have been or shall hereafter be acquired, or which have been accrued or may accrue or which are accruing under such transfers or other dispositions of land, in the same manner as if the said sections had been enacted at the date of the coming into force of the said Dominion Lands Surveys Act by the Legislature of the Province of Alberta. 1183 1911-12 CHAPTER 23. Citation Interpretation Council may ftass closing aw Closing hour Business elsewhere than in shopa Scope of by-law An Act to provide for the Early Closing of Shops. (Assented to February 16, 1912.) UIS MAJESTY, by and with the advice and consent of the •'^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act Diay be cited as "The Early Closing Ait." 2. In this Act, unless the context otherwise requires — 1. The expression "shop" shall mean any premises or place where retail trade, including the business of a barber, is carried on; 2. The expression "council" means the council of a city or of a town having a population of not less than 1,000; 3. "Closing by-law" means a by-law passed under the pro- visions of this Act; 4. "Closing hour" means the hour for the closing of shops, fixed by any such by-law. 3. The council of any city or town whether incorporated by special Act or otherwise having a population of nOt less than one thousand inhabitants may in the manner provided by this Act fix the hours of the several days of the week at and after which, either throughout the whole area of the city or town, or in any specified part thereof, all shops or shops of any specified class are to be closed for serving customers. 4. The hour fixed by any such closing by-law shall not, except is hereinafter provided, be earlier than six o'clock in the evening on any day of the week: Provided, however, that on any one specified day of the week such closing hour may be an hour not earUer than twelve o'clock noon. 5. A closing by-law may prohibit, either absolutely or subject to such exemptions and conditions as may be therein contained, the carrying on of any retail tfade, or business, after the closing hour in any place not being a shop within the area of the city or town to which such by-law applies, if imder the terms of said by-law, or any other by-law passed tmder the provisions of this Act, it would be unlawful at such time to keep a shop open for the piu'pose of carrying on of any such trade or business. 6. Any such by-law may — (a) Define the shops and trades to which it applies; (6) Authorize sales after the closing hour in cases of emer- gency, and under such other conditions as the council may deem advisable. 1184 EAHLY CLOSING OF SHOPS Cap. 23 1911-13 7. A closing by-law shall not be deemed to apply to sales ^y-iawnot made at any fair or exhibition lawfully held, or at a bazaar for fairs, etc. charitable or church purposes, nor to any shop where the only trades or businesses carried on are one or more of the trades or businesses mentioned in the schedule hereto. 8. If several trades or businesses are carried on in the same several trades shop, and if the closing by-law does not apply to any one or""'°^^''°P more of such trades or businesses, such shop may be, on such terms and conditions as may be specified in the closing by-law, kept open after the closing hour for the purposes of those trades and businesses only: Provided that the teims and conditions of any closing by-law in regard to post office business shall be subject to the approval of the Postmaster General of the Dominion of Canada. 9. If a petition for a closing by-law is presented to the council. Petition signed by the occupiers of at least two-thirds in nimiber, of the ""^ ^'^^ shops to be affected by the proposed by-law, the council shall give notice in the manner and form hereinafter prescribed of their intention to pass a closing by-law, specifying therein a period to be fixed, in the manner hereinafter prescribed, within which any objections to the petition upon the ground that it is insufficiently signed or otherwise affecting the validity or suffi- ciency thereof will be received; if there are no such objections, or if after hearing any such objections, the coimcil deem them to be not well founded, such council shall forthwith pass a closing by-law. 10. No such by-law shall be effective vintil it has been approved By-iaw to be by the Lieutenant Governor in Council, and the Lieutenant t^eUeutemmt Governor in Council may at any time order that any closing g"^^^?,"™ by-law, either wholly or in so far as it affects a particular class of shops or trades, shall be no longer in force, and from and after the making of such order such by-law shall either be wholly void and of no effect or cease to apply to such particular class of shops or trades, as the case may be. 11. If at any time it appears to the satistaction of the council Hep.eai of that the occupiers of a majority of any class of shops, to which b^i™w a closing by-law applies, are opposed to the continuance of the by-law, such council shall repeal the by-law in so far as it affects that class of shops: Provided, however, that any such repeal shall be without prejudice to the right of the council at any time to pass a new closing by-law in the manner herein provided affecting such class of shops. 13. Any person violating any of the provisions of a closing Penalties by-law shall be hable on summary conviction — (o) For a first offence, to a fine not exceeding $5.00 and costs; (6) For a second offence, to a fine not exceeding $25.00 and costs; and (c) For a third or subsequent offence, to a fine not exceeding $100 and costs: 1185 1911-12 Cap. 23 EAHLT CLOSING OF SHOPS Lieutenant Governor in Council may make reEulationa Provided that no person shall be deemed guilty of an offence against any closing by-l&w who serves after the closing hour any customer who was in the shop at such hour. 1913 (2nd Session), c. 2, s. 23. 13. The Lieutenant Governor in Cotmcil may from time to time make regulations for prescribing the form, in which and the period for which notice of the intention to pass any closing by-law must be given, the manner in which such notice shall be given, and the manner of ascertaining the opinion of occupiers of shops, and generally the means for carrying into effect the provisions of this Act. SCHEDULE. Post Office business. The sale of medicines and medical and surgical appUances. The sale of intoxicating liquors for consumption on or off the premises. The sale of refreshments for consumption on the premises. The sale of tobacco and other smokers' requisites. The sale of newspapers. The business carried on at a railway bookstall or at a railway refreshment room. REGULATIONS. Inserted for convenience only. Subject to change hy Order-irirCounal at any time. March 15, 1912. (1) Notice of the intention of the council to pass any closing by-law shall be published in the form hereinafter provided once a week for three consecu- tive weeks in at least one newspaper published in the mum'cipality, or if there be no newspaper published in the municipality, in some newspaper having a circulation therein; and a printed copy of such notice shall also be posted up within five days after the pubUcation of the first of such notices in at least five conspicuous places in the municipaUty, one of which shall be the post office. (2) Any objections to the-petition praying for the passing of such by-law on the ground that such petition is insufficiently signed or otherwise affecting the vaUdity or sufficiency thereof shall be filed with the secretary-treasiwer or clerk of the mimicipality, as the case may be, within thirty clear days from the date of the first publication of the notice aforesaid, which date shall be fixed by the notice as hereinafter provided. (3) Such notice shall be in the following form: Notice is hereby given' that a petition has been presented to the council of the {here insert city or tovm, as the case may be, of ■.........) under the provisions of The Marly Closing Act praying for the passing of the follow- ing, closing by-law (here insert proposed by-law). Notice is hereby_ further given that objections to the petition presented" to' the council praying for the passing- of such by-law on the ground that such petition is insufficiently signed or otherwise affecting the vallcKty or sufficiency thereof must be filed with (here insert secretary-treasurer of the town or city derk, as the case may be) on or before the. day of (here insert date, thirty dear days after the first pvhlication of notice of intention of the council to pass such by-law); and that if no such objections are filed before the said date the council will forthwith proceed to pass the said closing by-law. (4) The council of any municipality shall not repeal any closing by-law in so far as it affects any class of shops in pursuance of the powers conferred upon it by section 11 of The Early Closing Act unless and until a petition has been presented to such council signed by the majority of the occupiers of such class of shops praying for such repeal; the signatures to such petition and the fact that such signatures are those of the majority of the occupiers of such class of shops as aforesaid shall be verified by statutory declaration and by such other and further proof as the council may require. See The Alberta Gazette, Vol. 8, Page 179. 1186 1911-t2 CHAPTER 24. An Act to regulate Pool Rooms. {Assented to February 16, 1912.) OIS MAJESTY, by and -with the advice and consent of the * *■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Pool Room Ad." citation 3. "Pool room" shall maan and include any room or rooms interpretation in any building, house, shed, tent or other place in which a billiard or pool table is set up for hira or gain, and it shall extend to and include any annex, addition, or extensions thersto, or outbuilding of which the owner or proprietor of a pool room is the owner, lessee, tenant, or occupant, or over which he has control. 1913 (1st Session), c. 9, s. 35. (2) "Pool" means and includes "pool, billiard, bagatelle or other similar game." "Proprietor or owner" means and includes any person who, as proprietor, owner, lessee, tenant or otherwise, carries on the business of a pool room or bowling alley, or who receives any gain or reward, either by himself or his servants or employees, or by any other person, accounting to hun for the profits or earnings thereof, in whole or in part, and whether such person be separate from or connected with the premises. 1913 (1st Session), c. 9, s. 35. 8a. No proprietor or owner, as defined in this Act, not holding a license therefor under this Act, shall after the first day of July, 1913, open, keep open, or carry on a pool room or bowling alley in Alberta. 1913 (1st Session), c. 9, s, 35. 36. All licenses to be granted under this Act shall be issued by the Attorney General, and the fees payable for a pool room license shall be $10 for the first table, $5 for the second table and $2 for each additional table; and for a bowling alley $10 for the first alley, $5 for the second alley and $2 for each addi- tional alley. Ths license year shall be from the first day of July of one year to and inclusive of the 30th day of June of the following year, and the license shall be exposed conspicuously on an inner wall of the licensed premises. 1913 (1st Session), c. 9, s. 35; 1914, c. 22. 3. No person under the age of seventeen years shall play Age limit any games in any pool room, nor shall he frequent, enter, remain or loiter in any pool room, and if such person refuses to leave said premises when lawfully requested so to do he may be forcibly evicted therefrom. 1187 1911-13 Cap. 24 POOL BOOMS (2) No person under the age of seventeen years shall be employed in or about a pool room or bowling alley for any pur- pose. 1913 (1st Session), c. 9, s. 35. Closing hour 4. Every pool room shall be closed and remain closed from and after the hoin* of eleven- o'clock on every Saturday night until the hour of eight o'clock on the Monday morning following, and on the other nights of the week from and after the hour of twelve o'clock at night imtil the hour of seven o'clock of the following morning, and during such prohibited hoiu-s no games of any kind shall be played therein: Provided that the council of any city, town, village or rural municipality may pass by-laws providing for the closing of pool rooms therein at an earlier hour thaii 11 o'clock and 12 o'clock as respectively mentioned in this section. 1913 (1st Session), c. 9, s. 35. and swe'^T ^' ^° drunkcn person shall enter or remain in any pool room, prohibited and no swearfng, blasphemous, obscene or vulgar language shall be indulged in, uttered or spoken in any pool room. Proprietor andservants liable 6. The proprietor or owner of a pool room shall be responsible and liable for the acts of his servants, and the acts of the ser- vants shall be deemed to be the acts of the owner or proprietor, and such servants, as well as the proprietor or owner, shall be liable to the penalties imposed by this Act for the same offence. Penalties 7. For every violation of section 4 of this Act the proprietor or owner of a pool room shall be liable on summary conviction to the following penalties: 1. For a first offence, to a fine of not more than $50 and costs; 2. For a second or subsequent offence, to a fiine of not less than $20, nor more than 1100 and costs. Other penalties g ^y pejgon who violates any of the provisions of this Act for which punishment is not hertin expressly imposed shall be Uable on summary conviction to a penalty of not more than $50 and costs. 1913 (1st Session), c. 9, s. 35. Crimmai Code 9. The provisious of part XV of chapter 146 of The Revised app oa e Statutes of Canada {Criminal Code) and any amendments thereto in reference to summary convictions shall be applicable to all prosecutions under this Act. Application of penalties 10. A moiety of every penalty shall belong to the mmiieipality in which- the offence was committed and the other moiety shall ba paid to the Attorney General for the use of the province. (2) If the offence was not committed in any municipality such penalty shall be paid to the Attorney General for the use of the province. SeiTawa ^^' "^ conviction for any offence against this Act shall not en away ^^ removcd by certiorari or otherwise for any cause whatever into the Supreme Court. Act to prevail in case of conflict 13. Unless otherwise provided herein any by-law passed or regulation made by the council of any city, town, village or 1188 POOL BOOMS Cap. 24 1911-12 municipality relating to any of the matters dealt with in this Act shall be subject to the provisions hereof. 1913 (1st Session), c. 9, s. 35. 13. The Lieutenant Governor in Council may, from time to ^^f *» time, make and alter regulations for the licensing, inspection, regulations good order and suppression of any pool room or bowling alley for which a license is required tmder this Act and for the revoca- tion and cancellation of any license granted herein, and every pool room, whether a license has been issued therefor under this Act or not, shall be subject at all tunes to inspection by such officer as by the regulations aforesaid or by order in coimcil may from time to time be authorized in that behalf. 1913 (1st Session), c. 9, s. 35. REGULATIONS. Inserted for convenience only. Svhjed to change at any time by Order in Council. UNDER THE PROVISIONS OF SEC. 13. No Indian is to be permitted to enter any pool room, billiard room or bowling allejr in the Province of Alberta; Any j)roprietor of such pool room, billiard room or bowling alley permitting an infrmgement of this r^ulation will be subject to the cancelmtion of his license. (See The Alberta Gazette, August 8, 1913, Vol. 9, page 636. O.C. 748-13.) FEES. JThe following fees are chargeable in connection with transfer of Pool Room Licenses, and the removal of Pool Rooms and Licenses, viz.: (o) For the transfer of a license granted under the authority of "An Act to B^ida/e Pool Rooms," from the licensee or licensees to any other party or parties, a fee of three dollars ($3.00). (6) For the permission of the Department to remove premises covered by license under An Act to Regvlate Pool Rooms," to premises other than as described in the license, a fee of three dollars ($3.00). (O.C. 233-15). 1189 1911-12 CHAPTER 25. An Act to regulate Theatres, Entertainment Halls and Cinematographs . (Assented to February 16, 1912.) OIS MAJESTY, by and with the advice and consent of the •^ ^ Legislative Assembly of the Province of Alberta, enacts as follows: Citation RegulatioDB for safety of theatres Regulations governing operation of oinematograph License fee Censor or board of censors Appeal from censor or board of censors 1. This Act may be cited as " The Theatres Act." 2. The Lieutenant Governor in Council shall have power from time to time to make regulations, the same or different for different locaUties, -governing the erection, operation and safety of all classes of theatres and entertainment halls, and to provide for the supervision and inspection of same. 3. The Lieutenant Governor in Council shall have power to make regulations for — (a) Licensing, controlling and governing the use and opera- tion of cinematographs, moving picture machines or similar apparatus; (&) Regulating or prohibiting the exchange; leasing, sale or exhibition of films ; (c) Licensing, controlling and governing the operation of film exchanges. 4. The owner, user or exhibitor of every cinematograph, moving picture machine, or other similar apparatus, the owner, lessee, or manager of every film exchange and the person opera- ting such cinematograph, moving picture machine or other similar apparatus shall each pay in advance to the Provincial Secretary an annual license fee, the amoimt of which may from time to time be fixed by the Lieutenant Governor in Couricil. 5. The Lieutenant Governor in Council may appoint a censor or board of censors, of not more than three persons, and fix his or their remuneration, and such censor or board of censors shall hold office ditting pleasure, and shall have power to permit the exhibition of, or absolutely to prohibit or reject any or all films which it is proposed to use in the Province of Alberta, and to suspend for cause the license of any operator or other licensee. (2) There shall be an appeal from the censor or board of censors to the person, body or court designated and subject to the conditions prescribed by regulation of the Lieutenant Governor in Council. Films to be stamped by censor or board of censors 6. No cinematograph, moving picture machine, or other similar apparatus shall exhibit any films which have not been 1190 THEATRES Cap. 25 1911-13 stamped by the censor or board of censors, and no such cinema- tograph, moving picture machine or other similar apparatus shall be kept or exhibited for entertainment until the owner, user or exhibitor of such apparatus has complied with the regula- tions made by the Lieutenant Governor m ^Coimcil, and obtained a license from the Provincial Secretary : Provided that the provisions of this section shall not come into effect until the appointment of the said censor or board of censors as herein provided. 7. All films passed or permitted to be exhibited by the said stamps to censor or board of censors shall ba stamped in such manner that'"""" °° ™°^*' the stamp will show upon the canvas, and no exhibition of such stamped film shall be prohibited by any police officer, or con- stable, or other person, on accoimt of anything contained in such fihn. 7a. A certificate containing the name of the film, the name of the maker, the exchange and license number, shall be issued by the Provincial Secretary in respect of all films passed or per- mitted by the censor or board of censors to be exhibitied and such certificate shall be displayed in the box office of the theatre in in such a manner as to be subject to the obssrvation of all persons entering the theatre and no exhibition of a filTn for which such certificate has been issued and displayed as aforesaid shall be prohibited by any police officer, constable or any such person on accoimt of anything contained in such film. 1915, c. 2, s. 14. 8. Any person in charge of such cinematograph, moving osencea pictiu-e machine or other similar apparatus, or the owner, pro- prietor, manager or person having control thereof, who uses any such machine for public entertainment without having complied with, or in violation of the regulations passed by the Lieutenant Governor in Council, or without having therefor a license from the Provincial Secretary, or who exhibits ffims not approved by the censor or board of censors, as required by this Act, shall be guilty of an offence against this Act. 9. Any person violating any of the provisions of this Act, or Penalties any of the regulations of the Lieutenant Governor in Council passed hereunder, shall, on summary conviction, be liable to a fine of not Itss than $50 nor more than 1200 with costs, and to a further fine of $25 per diem dming the time after conviction during which such offence continues, and in default of immediate payment thereof to imprisomnent for a period not exceeding three months. 10. All members of the Royal North-West Mounted Police inspection by and all persons who may be appomted provincial constables ^•^•^•'^■^• are hsreby empowered and directed at any time to inspect any cinematograph, moving picture machinfe, or other similar appar- atus which is used or kept on premises licensed under this Act; and to enforce the provisions ot this Act and the regulations passed hereunder. 1191 1911-13 Cap. 25 THEATRES Duty of chief constable Application of penalties Regulations Commence- ment of Act 11. In cities, towns and incorporated villages, it shall also be the duty of the chief constable, or chief of police, to enforce the provisions of this Act and the regulations passed hereunder. 13. All penalties recovared under this Act shall be paid to the Treasurer of the Province of Alberta for the use of said province. 13. The Lieutenant Governor in Council shall have power to make such regulations as may be deemed necessary, advisable or convenient for the purpose of carrying into effect the pro- visions ot this Act. 14. The Lieutenant Governor in Coimcil shall by proclamation published in The Alberta Gazette declare the day on and after which this Act shall become and bs in force and the said Act shall on and after such day so declared become and be in force. PROCLAMATION. Edmonton, Wednesday, February 12, 1913. Pursuant to Section 14 of The Theatres Act, being chapter 25 of the Statutes of the Province of Alberta 1911-12, His Honour the Lieutenant Governor has been pleased to proclaim that said Act be in force on, from and after the Twelfth day of February, 1913. (See The Alberta Gazette, February 12, 1913, extra). REGULATIONS. ^or convenience only. Subject to change at any time by Order in Council. REGULATIONS AND LICENSE PEES UNDER THE THEATRES ACT. ■ (Proclaimed in The Alberta Gazette, Dec. 31, 1914, p. 1087.) Edmonton, Thursday, December 24, 1914. Pursuant to the provisions of The Theatres Act, being chapter 25 of the Statutes of Alberta, 1911-12, His Honour the Lieutenant Governor, by and with the advice and consent of the Executive Coimcil, has been pleased to order that the following Regulations and License Fees be made and fixed to take effect on, from and after January 1st, 1915. 1. Every film exchange, and every owner, user, exhibitor, operator and apprentice to an operator of a cinematograph, moving picture machine, or other ^milar apparatus, shall obtain a license and observe the following regulations. 2. Every owner, user or exhibitor of every cinematograph, moving pictiure machine, or other similar apparatus shall pay an annual license fee in advance as foEows: (o) In every incorporated city — (i) Where the seating capacity does not exceed five hundred $100 (ii) Where the seating capacity exceeds five hundred but does not exceed one thousand $200 (iu) Where the seating capacity exceeds one thousand but does not exceed fifteen hundred $300 (iv) Where the seating capacity exceeds fifteen himdred $400 (v) In an incoiporated town $40 (vi) In an incorporated village or other place $ 25 3. Every owner, user or exhibitor of every cinematograph, moving picture machine or other similar apparatus, displaying or sho\y^g a single film as a number of a performance and when no other film is eidiibited or shown during a performance, shall pay an annual license fee in advance as follows: 1192 THEATRES * Cap. 25 1911-13 (o) In cities $100 (23) For violation of any of the clauses of The Theatres Act, or regulations passed thereunder. (e) Any operator, who shall operate or cause to be operated a machine that is not instaUed in accordance with the regulations, shall be deemed to have violated them, 29. The Alberta Board of Censors shall examine all films to be exhibited in the Province of Alberta, and all film exchanges shall submit all films to the board to be examined. The board shall not censor any film submitted by any film exchange imtil the fees applying to film exchanges have been j)aid, and the producing upon demand by the board of censors, of the exchange license. The authorization of the board of censors for the exhibition of any film, shall be provided for in such manner as may be determined by the board of censors, and when so authorized, it shall not be necessary that the stamp shall show upon the canvas, screen, or other substitution therefor. There shall be placed in a conspicuous place at the main entrance of the building where films are exhibited a certificate or permit (for each reel of film exhibited) signed by the chief censor of the province. Any film which is exhibited without being first censored, and without the authorization certificate being publicly displayed, as aforesaid, shall be liable to seizure by any police officer or the inspectors appointed under the Act, and any film so seized shall be forfeited to the Crown and shall be disposed of as directed by the Provincial Secretary. 30. The board of censors may examine any slide used for projected illus- tration by means of any lantern or machine in connection with any lecture or entertainment, and shall be empowered to deal with such slide or series of slides upon examination in the same manner as if it or they were a film within the meaning of the Act or these regulations. It shall not be required that the board shall attach any stamp to any such slide, but may authorize exhibition by the issuing of a certificate signed by the chief censor. A charge of 4 cents for each slide shall be made, and any slide exhibited after having been condemned by the board, shall be liable to seizure and forfeiture, and the exhibitor thereof shajl be guilty of an offence within the meaning of the Act and these regulations. 31. An aiipeal from the board of censors may be made to a special board to be named by the Provincial Secretary. Application for such appeal shall be made to the chief censor, and such application shall set forth therein the reason for such appeal, and the decision rendered on the appeal by the said board shall be final. Re-censorship asked for by the board of censors shall be charged for as per section 11 of these regulations. 32. Any films exhibited as having been authorized by the board of censors, which have not been passed by the said bosurd, shall be liable to seizure and forfeiture, and the owner or film exchange renting or lending such film, shall be guilty of an offence within the meaning of the Act^ 33. The inspectors appointed under the Act, shall have power to seize and confiscate any films sent out for exhibition without first having passed censorship, but in Ueu of confiscation, the Provincial Secretary may impose a fine not exceeding $25.00 for each reel of 1,100 feet or under of film. 34. (a) It shall be the duty of all municipal, provincial police officers and officers of the Royal North-West Moimted Police to examine the license of any person using or operating a cinematograph or moving picture machine or similar apparatus and to prosecute users, exhibitors, operators, appren- tices or assistants who are unlicensed for the violation of The Theatres Act or of these regulations, and any holder of a moving picture machine license who employs any unlicensed operator shall be guilty of an offence within the meaning of the Act. (b) It shall be the duty of officers under this Act to enforce the provisions of the Act and regulations, and they are hereby empowered and directed to prohibit the use of aiiy moving picture machine installed or operated in violation of the provisions of these regulations and it ^aJl be his duty to prosecute any proprietor or man'ager, or other representative in control of any room or building to which the pubUc is admitted, and in which an exhibition of one or more moving picture machines is to be or is given, con- trary to these regulations. 1196 THEATRES Cap. 25 1911-13 (c) The officers empowered under the Act are hereby empowered to enter and inspect any room, compartment, booth, or audience room in which a moving picture machine is installed, or in which an exhibition of a moving picture machine is being given, or is intended to be ^ven, and any person interfering with said officers or other authorized official, while in the per- formance of his duty, shall be deemed to have violated these regulations. (d) The proprietor, or in his absence the manager or other representative in control of any room or building to which the public is admitted, and in which an exhibition of one or more moving picture machines is being given, shall be held responsible for full compliance with these regulations before it is opened to the public. 35. All exits shall be marked with the word "EXIT" in letters not less than six inches long, and hghted by a red light on a different system from the main lighting of the bmlding, such lights shall be kept lighted during the whole of the performance; and 36. There shall be a white light of two candle power for each fifty square feet of floor space in the auditorium of any moving picture or cinematograph theatre, such lights to be placed at equal distance around the walls or ceilmlg of the auditorium, and to be kept lighted during the whole performance. 37. AH doors shall open outwards, and shall not be locked during a per- formance. ~ « 38. The operating cabinet shall occupy a position which does not interfere with any aisle or passagewa,y. 39. All halls, aisles, passageways, emergency exits, stairways or approaches shaJl be kept free and unobstructed, and the public shall not be permitted to stand in any aisle or approach thereto or at any place where it would hinder the entrance or egress of the public. Where the seating capacity is three himdred or less, the aisle spacel running from the front to the rear of the auditorium shall not be less than four feet wide in the clear; over three hundred and under five hundred seating capacity, four feet in the clear, and no single aisles shall be less than three and a hau feet wide, and all moving picture or cinematograph theatres seating more than five hundred persons on the ground fioor, must have at least two aisles running from the front to the rear of the auditorium, each four feet wide, or a total aisle space of not lees than eight feet, with no single aisles less than three feet six inc^hes wide, and all aisles excepting cross aisles shall run from the front to the rear of the auditorium. All moving picture or cinematograph theatres must have cross aisles from the aisles running from the front to the rear of the auditorium to all exits, and such cross aisles must be three and a half feet wide. Where chairs are used they must be battened together, and fastened either to the floor, or in such manner as to prevent them from being upset. The entrance from the street line to the auditorium shall be of such a width as may be determined by the inspector as reasonable, and shall be kept free and unobstructed. Suitable emergency exits situated at the side or rear of each moving picture theatre shall be provided, and remain unfastened during the whole time when the public is inside the building. 40. When the theatre first floor is above the street line with stairway entrance, the said stairway shall be of such width as may be determined by the inspector as reasonable, with substantial hand-rail on both sides, or in the centre from landings to street line, and all side exits ifrom first floor above street Une, or balconies to an open court or lane, shall be provided with stairways of not less than three feet six inches in width in the clear to extend to the ground level, with substantial hand-rail. All such staircases, landings, and hand-rails of fire exits shall be constructed of steel or iron throu^out, to be of ample strength to sustain the load to be carried. All outside balconies and stairs shall be kept free of obstructions of all kinds including snow and ice. . ' 41. The preceding section shall apply only to municipalities where there are no by-laws covering exit requirements. 41a. It diaU be considered an offence under these regulations to admit to any performance any child of school age during school hours unless accompanied by parent or guardian. 1915, April 21. (See The Alberta GttzeUe, 1915, Vol. 11, page 264.) 42. The holder of any license who violates any of these regulations or is guilty of an offence against the Act, shall be liable, in addition to all other penalties, to the forfeiture of his lic^se by the Provincial Secretary. 43. A copy of these regulations shall be displayed in the operating cabinet of all moving picture theatres. 44. The words "the Act" in the preceding regulations shall mean "The Theatres Ad" of the Province of Alberta. 1197 1911-13 Cap. 25 theatres 46. All moving picture regulations except those set forth above and contained in the Order in Council, dated October 29, 1913, and numbered 972-13, are repealed. (See The Alberta GazeUe, Vol. 10, page 1087. O.C. 1182-14. O.C. 422-15.) Clerk or Executite Council. 1198 1911-12 CHAPTER 26. An Act to regulate the Means of Egress from Public Buildings. {Assented to February 16, 1912.) OIS MAJESTY, by and with the advice and consent of the * * Legislative Assembly of the Province of Alberta, enacts as follows: ^ 1. In all churches, halls, theatres, or other buildings here- ^?'""1°' ' tofore or hereafter constructed or used for holding pubhc meet- ?o?^ ™' *'"" ings or for places of public resort or amusement, and in all°"*™"^ school houses or buildings used for school purposes, all the outer doors and those leading from the assembly hall or room or school rooms shall be so hinged that they may open freely outwards, and all the ga:tes of outer fences, if not so hinged, shall be kept open by proper fastenings dm-ing the time such buildings are publicly used, to facilitate the egress of people in case of alarm from fire or other causa: Provided that as to churches, halls, theatres, school houses or other buildings heretofore constructed this section shall not come into force until the first day of July, 1912. 2. Any person owning, possessing or managing any church, Penalties hall, theatre, school house, or other building used for school purposes or for holding pubhc meetings, which does .not con- form to the provisions of this Act, or any of them, or to any regulations made hereunder, shall be liable on summary con- viction to a fine of not more than $50.00; one moiety of such . fine shall be paid to the party laying the information and the other moiety to the Provincial Treasurer. (2) Any person convicted of any offence imder the provision of this section shall be liable to a further fine of $5 for every week following the date of the conviction during which the church, hall, theatre, school housfe or other building used for school purposes or for holding pubhc meetings as aforesaid does not conform to the provisions of this Act or any of them or to any regulations made hereunder. 3. Congregations and societies possessing corporate powers who Uabie and all school trustees, incumbents, church wardens and other '^ °??iei!ting persons owning or having charge of any church, school, or building S Act'°°° u^ed as a church or school', as trustee for such societies, con- gregations or schools, shall be severally liable for any violation of the provisions of this Act, or of any regulations made here- under. 1199 1911-18 Cap. 26 public buildings Regulations 4^ -phe Lieutenaut Governor in Coimcil may from time to time make such regulations as may be deemed proper for the enforcement of this Act and for the regulating and governing of persons assembled in any of the buildings mentioned in section 1 hereof, and shall have every such power as is necessary to carry into effect the provisions of this Act. Note. — Chapters 27 to 80 inclusive of 1911-12 are Private Acts. 1200 1913 (first session) CHAPTER 1. An Act for granting to His Majesty Certain Sums of Money for the Public Service of the Fiscal Years ending respec- tively the Thirty-first day of December, 1912, and the Thirty-first day of December, 1913. (Assented to March 25, 1913.) Most Gracious Sovereign: \A7HEREAS it appears by Messages from His Honour George "'' Hedley Vicars Bulyea, Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Messages, that the sums hereinafter mentioned are required to defray certain expenses of the Public Service of Alberta not otherwise provided for during the financial periods ending respectively the Thirty-first day of December, one thousand nine hundred and twelve, and the Thirty-first day of December, one thousand nine hundred and thirteen, and for other purposes relating thereto: May it therefore please Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Assembly of the Province of Alberta as follows: 1. This Act may be cited as "The Appropriation Act, 1913." 2. From and out of the General Revenue Fund there may be paid and applied a sum not exceeding in the whole one hundred and sixty-six thousand three hundred and ninety-one dollars and six cents towards defraying the several charges and expenses of the Public Service from the first day of January to the thirty- first day of December in the year of our Lord one thousand nine hundred and twelve not otherwise provided for and set forth in schedule A to this Act. 3. From and out of the General Revenue Fund there may be paid and applied a sum not exceeding in the whole nine million five hundred and fifty-five thousand six hundred and nine dollars and no cents towards defraying the several charges and expenses of the PubUc Service from the first day of January to the thirty- first day of December in the year of our Lord one thousand nine hundred and thirteen not otherwise provided for and set forth in schedule B.to this Act. 4. The due application of all moneys expended under this Act shall be accounted for. 1201 1913 Cap. 1 APPROPRIATION (Ist Sess.) SCHEDULE A. Sums granted to His Majesty by this Act for the fiscaj year ending December 31, 1912, and the purposes for which they are granted: Civil Government — Executive Council " $13,283. 88 Treasury Department 1,575. 57 Agricultvire Department 2,441.21 Education department 5,642. 14 • Railways and Telephones Department 1,402. 85 Government Printer's Office 121 . 61 824,467.26 Administration of Justice 48,860.95 Public Wohks: Chargeable to Income 30,165. 79 Hospitals, ChAkities and Public Heahth 37,189. 98 Public Institutions 15,767. 18 Miscellaneous 9,949. 90 $166,391.06 SCHEDULE B. Sums granted to His Majesty by this Act for the fiscal year ending December 31, 1913, and the purposes for which they are granted: I. Public Debt $565,000.00 n. CrviL Government — Lieutenant Governor's Office $ 2,700. 00 Executive Council ., 56,420.00 Attorney General's Department 34,240. 00 Provincial Secretary's Department. 16,160. 00 Municipal Affairs Department 64,380.00 Treasury Department 23,800.00 Auditor's Office 26,164.00 Public Works Department 69,740.00 Education Department 38,060.00 Agriculture Department 31,200. 00 Railways and "Tdephones Department 11,200.00 Government Printer's Office 11,900.00 — $385,964.00 III. Legislation 88,580.00 IV. Administration op Justice 652,960.00 Public Works — V. Chargeable to Income 535,500. 00 Chargeable to Capital 2,439,415.00 VI. Education 726,990.00 VII. AOEICUI/rURE AND STATISTICS — Chargeable to Income 528,700.00 Chargeable to Capital 41,000.00 VIII. Hospitals, Charitleb and Pubuc Heamb 134,000.00 1202 APPROPRIATION Cap. 1 1913 (1st Sess.) IX. Tblbphones — , Chargeable to Income 8750,000.00 Chargeable to Capital $2,000,000.00 X. Ptmuc Institutions '...." 200,000.00 XI. Miscellaneous 507,600. 00 .S5,075,194. 00 $4,480,415.00 1913 (first session) CHAPTER 2. An Act to amend the Act respecting the Legislative Assembly of Alberta. {Consolidated in Chapter 2, 1909.) 1203 1913 Cfirst session) CHAPTER 3. An Act to Provide for the Initiation or Approval of Legislation by the Electors. (Assented to March 25, 1913.) UIS MAJESTY, by and with the ad-dce and consent of the *■ * Legislative Assembly of the Province of Alberta, enacts as follows: Title 1. This Act may be cited as "The Direct Legislation Act." Interpretation 3. In this Act unless the context otherwise requires, the expression — 1. "Electoral division" means any electoral diAdsion in the province entitled to return a member or members to the Legislative Assembly; 2. "Electors" means all persons whose names appear on the list of electors which would be used at the time of holding of the vote at a general election of members to serve in the Legis- lative Assembly were such election being then held. Legislature may delay coining into force for 90 days Referendum petition Operation of Act stayed 90 days 3. The Legislature, with reference to any Act, may declare that it shall not come into force until the ninetieth day after the close of the session during which the same is passed. 4. Any number of electors being not less than ten per centum in number of the total votes polled at the general provincial election then last held, may address a petition to the Lieutenant Governor in Council (provided that the said petition must be signed by a number of electors in eighty-five per centum of the electoral divisions in the province equal in number in each electoral division to at least 8 per centum of the votes polled in said electoral division at the election then last held for the purpose of electing a member of the Legislative Assembly), praying that any Act or any part or parts of the said Act, the operation of which is deferred under the provisions of section 3 hereof be referred to a vote of the electors. Such petition shall be presented to the clerk of the Executive Council before the ninetieth day after the close of the session of the Legislature at which said Act was passed. 1913 (2nd Session), c. 2, s. 25. •5. When any such petition is presented under the provisions of section 4 hereof the operation of the Act therein referred to shall be and is hereby further deferred until a vote of the electors is taken thereon and the result of such vote finally determined as hereinafter provided. 1204 DIEECT LEGISLATION Cap. 3 1913 (lat Sess.) 6. Any number of electors being not less than 20 per centum i™^J?*j;;'« in nxmiber of the total votes polled at the general provincial election then last held may present to the Legislative Assembly, at any time before the expiration of the time for the presenting of petitions to the Legislative Assembly, a petition praying that a proposed Act, a copy of which shall accompany the said petition, be enacted by the Legislature: Provided that the said petition must be signed by a number of electors in eighty-five per centum of the electoral divisions in the prbvince equal in number in each electoral division to at least 8 per centum of the votes polled in said electoral division at the election then last held for the purpose of electing a member of the Legislative Assembly: Provided however that no such proposed Act shall be considered by the Legislative Assembly which provides for any ^ant or charge upon the public revenue or which is not certified to by the Attorney General as being in his opinion within the legislative jurisdiction of the Legislature of Alberta. 1913 (2nd Session), c. 2, s. 25. 7. Every proposed Act presented to the Legislative Assembly P'^oi^^ac* under the provisions of section 6 hereof and which complies tiaUy altered with all the requirements of the said section shall, unless it^^^**"™ is enacted during the session at which it is presented without ™"^be amendment or with only such amendments as shall be certified to deetora to by the Speaker as not constituting a substantial alteration therein, or as not changing the meaning, intent or effect thereof, be submitted to a vote of the electors as hereinafter provided. 8. The Lieutenant Governor in Council shall after each session Lientenant- of the Legislature issue a writ for the taking of a vote upon alliaroe^wSt Acts or proposed Acts or part or parts of any Act, if any, upon*"*"''®''"*^ which a vote may be required imder any provision of this Act; such writ shall be in form A in the schedule hereto or to the like effect and shall issue not earUer than three months and not later than ten months after the close of the said session, and the date fixed therein for the taking of the vote shall be not less than twenty-three days and not more than twenty-seven days after the date of the writ, and the said writ shall be returned upon such date as shall be stated therein. 1913 (2nd Session) c. 2, s. 25. . 9. The writ shall be addressed and forwarded by mail by wnt addressed the clerk of the Executive Council to the returning officer pffi^JT^ appointed by the Lieut.enant Governor in Council for each *"* ^- ''• electoral division. 10. Where a vote imder the provisions of this Act is provided ^of^ted to be held upon the same day as the polling in a general election for general of members to serve in the Legislative Assembly, the returning p,J^o°8es officers, deputy returning officers, poll clerks and other officials *°jj°^'° appointed for the purposes of the said general election shall cases'" act in the same capacity for the purposes of the vote taken under this Act, and the same ballot boxes and polling booths shall be used for the purposes of the said vote as are used for the said election: 1205 1913 (1st Seas.) Cap. 3 DIKECT LEGISLATION Provided however that in every such case the ballots for the said vote shall be of a colour different from the ballots of the said election. Publication of Act and notice of writ 11. The clerk of the Executive Council shall forthwith upon the issue of such writ pubhsh in The Alberta Gazette a notice of the same and a copy of the Act or parts of Acts upon which the vote is to be taken. The Alberta Election Act to apply. Vote by ballot 13. The clerk of the Executive Council shall forthwith after the issue of the said writ cause to be posted up in every post office in the province a notice of the taking of the vote giving a description of the Act or Acts or parts thereof or of the proposed Act or Acts to be voted upon. 13. For the purposes of the taking of the said vote all the provisions of The Alberta Election Act respecting the election of members of the Legislative Assembly, including the quali- fication of voters shall subject to the provisions of this Act and of any regulations that may be made by the Lieutenant Governor in Coimcil pursuant hereto apply mutatis mutandis to the conduct of such proceedings. 14. The voting shall be by ballot and each voter shall indicate his vote by marking it on the ballot in accordance vsdth the directions given therein: Provided that when more than one Act or pi-oposed Act is being voted upon, a separate ballot shall be prepared for each said Act or proposed Act. Ballot as i n form " B " Ballots shall be prepared by Government Printer Appointment of agents Agent shall make declaration 15. The ballot shall be in form B in the schedule hereto, with such variations as are necessary. 1913 (2nd Session), c. 2, s. 25. 16. The ballots shall be prepared by the Government Printer and shall be forwarded to the returning officers in sufficient number for each electoral division by the clerk of the Executive Council together with such forms, notices and instructions as the Lieutenant Governor in Council may prescribe. 17. Every returning officer shall in respect of each Act or proposed Act to be voted upon by writing under his hand,.appoint from among the apphcants for such appointment or on behalf of persons applying to have such appointments made, two agents to attend at each polling station and to act as scrutineers at the final summing up of the votes on behalf of those desirous of obtaining an affirmative answer to the question and two agents to so attend on behalf of those desirous of obtaining a negative answer, but no such agents shall be entitled to any remuneration from the public treasury. (2) Before any person, so appointed enters upon his duties as agent, he shall make and subscribe before the retiiming. officer or any deputy returning officer, a declaration to the effect that he is interested in and desirous of obtaining an affirmative or negative answer, as the case may be, to the question, which declaration may be in the form C in the schedule to this Act. 1206 DIBECT LEGISLATION Cap. 3 1913 (1st SesB.) (3) Every person so appointed, before being admitted to ^^^^^^^ the polling station, or to the final summing up of the votes, as appointment the case may be, shall produce to the deputy returning officer his written appointment. (4) In case no person has been appointed as aforesaid to attend Jj^^^"";^ at any polling station, or at the ffiial stimming up of the votes, eieotora or in the absence of any person so appointed, any electors not™"^*"' exceeding two in the same interest, may upon making and sub- scribing a declaration to the above effect before the deputy returning officer or the returning officer, as the case may be, be admitted to the polling station or to the final summing up of the votes, as agents on behalf of that interest. (6) Whenever it is provided in The Alberta Election Acf^^^j^^J^^ that anything may or shall be done in the presence of or by theappUed candidate or his agent, such provision shall, as applied to pro- ceedings under this Act, be taken to refer to agents appointed in the manner aforesaid. 18. At the close of the poll the deputy returning officer, in ■*'*u'i)| °4 the presence of such agents as attend, shall with reference to Retiming each Act or part of an Act, count the ballots, placing them in°™fbSts three parcels, namely: affirmative ballots, negative ballots and rejected ballots; shall give to one agent representing the affirmative %Qd to one agent representing the negative a statement showing the number of affirmative and negative votes respectively and the number of rejected ballots; shall seal the three parcels and forthwith forward or deliver to the returning officer the three parcels and also all imused ballot papers and a statement of the result of the poll. 19. A ballot shall be rejected in each of the following cases :^«^^''°^ (o) If it is not authenticated by the initials of the deputy ''»i'°*s returning officer, unless the said deputy has inadvertently omitted to initial the same; (6) If it is not marked with a cross; (c) If it has more than one cross; or any other mark in addition to a cross by which he thinks it was intended to be identified. 20. Each returning officer after he has received from eachg^^r^^^ deputy returning officer a statement showing the voting onendorae^on the ballots taken from the ballot box opened by him, shall endorse ^'jj^^' °' on the writ a statement certifying in relation to the votes given e. d. and at the polling places in or for his electoral division upon eachcieAof"° Act or proposed Act voted upon: ' c§m"^'* (o) The number of votes in the affirmative; (6) The number of votes in the negative; and (c) The niunber of ballots rejected; and shall within ten days after the holding of the vote transmit the writ as endorsed together with all sealed parcels of ballots and unused ballot papers to the clerk of the Executive Council. 31. The clerk of the Executive Council shall prepare fromcierkof the returns endorsed on the writ so returned to him, a statement CoSSdi^haU of the number of votes in the affirmative, of the number of^'^^^^^ votes in the negative, and of the nimiber of ballots rejected stetenient of vote 1207 1913 (1st SeBS.) Cap. 3 DIRECT LEGISLATION and shall sign the statement and shall publish a copy of the same in The Alberta Gazette within thirty days after the taking of the vote and the statement so pubHshed shall be conclusive evidence of the result of the vote, unless a scrutiny or recount is demanded. Elector may demand recount or scrutiny 33. Any elector may within ten days from the date of the publication in the Gazette of the said statement by the said clerk obtain an appointment from any judge of the Supreme Court for a recount or scrutiny or both of the whole vote in the province; provided he, within said ten days, deposit with the said clerk the sum of $100.00, to be applied in payment of the expenses of such recount or scrutiny or both. In case no regulations are made under section 25 as to such recount or scrutiny the said judge shall give all necessary directions and shall conduct said scrutiny or recount or both, and shall certify the result to the said clerk and such certificate shall be conclusive evidence as to the result. 1913 (2nd Session), c. 2. s. 25. Proclamation by Lieutenant" Governor 33. In the case of every Act or part thereof voted upon under the provisions of section 5 hereof and decided in the aflBrmative, the Lieutenant Governor in Council may provide by proclamation the date from and after which the said Act or part thereof shall come into force; and any such Act or part thereof decided in the negative shall not come into force and shall be repealed and removed from the statutes of the province at the next ensuing session of the Legislature. Aa to a proposed Aot| if vote is in affirmativCi Legislature shall pass; If negativei no further petition for three years 34. In the case of every proposed Act voted upon imder the provisions of section 7 hereof and decided in the aflBrmative, the said proposed Act shall be enacted by the Legislature at its next session without amendment, save such amendments as may be certified to by the Speaker as not constituting a substantial alteration therein, or as not changing the meaning, effect or intent thereof, and notwithstanding the provisions of section 3 hereof shall come into force upon receiving the Royal assent and in the case of every such proposed Act decided in the negative, no petition praying for the enactment of the same proposed Act or one which is certified to by the Speaker as being substantially similar thereto shall be presented to the Legislative Assembly for a period of three years after the taking of the said vote. Lieutenant- Governor may make regulations 35. The Lieutenant Governor in Council may make regulations not inconsistent with this Act for the proper carrying out of its provisions and particularly for regulating the procedure prior to, at, and after the said voting, the advertising of the taking of the said vote, the publication and dissemination of literature pertaining to the matters voted upon and such other matters as may be deemed advisable; and the procedure as to a recount or scrutiny. 1208 DIRECT LEGISLATION Cap. 3 FORM A. WwT OF Referendum. Province of Alberta. George the Fifth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, etc. To of in the Province of Alberta, and to all others whom it may concern: Greeting: We command you that you cause the Act or Acts or parts of Acts or the proposed Act or Acts (copies of which are attached hereto) to be submitted according to law to the electors qualified to vote for the election of a member of the Legislative Assembly for the electoral division of . .' And we appoint the following dates for the purposes of the said submission: 1. For taking the votes of the electors the day of , 19 2. For the return of the writ on or before .the .day of 19 In testimony whereof, we have caused these oiu- letters to be made patent, and the Great Seal of our said Province of Alberta to be hereunder affixed. Witness our trusty and well-beloved Lieutenant Governor (or administrator) of our Province of Alberta, at our City of Edmon- ton, the day of in the year of our reign, and in the year of our Lord 19 (By Order), 1913 (l8t SesB.) Clerk of the Exeadive Council. FORM B. The Prooince of Alberta. The Dihect Legislation Act. Submission of a proposed Act (or an Act or part of an Act as the case may be) entitled (here insert title) to electors. Direction of voters: The voter shall indicate his vote as follows: If he approves of the proposed Act (or of the Act, or part of said Act, as the case may be) he shall make a cross in the square opposite the word "Yes". If he does not approve of the proposed Act (or of the Act or part of Act, as the case may be) he shall make a cross in the square opposite the word "No". BALLOT. Question: Do you approve of the proposed Act (or do you approve of the Act or part of the Act, as the case may be), (here set out the title of the proposed Act or the title of the Act or part of said Act, as the case may be). YES NO 1209 1913 Cap. 3' DIRECT LEGISLATION (lat Sesa.) FORM C. In the Matter of The Direct Legidation Act. I, _ , do solemnly declare that I am interested in and desiroTis of obtaining an affirmative (or a negative, as the case may be) answer to the question stated in the baUot paper. Solemnly declared at this. ., day of 19 Before me Reluming Officer or Deputy RetvoTiiTiig Officer (as the case may be). i 1210 1913 (first session) CHAPTER 4. An Act respecting Mines. {Assented to March 25, 1913.) UIS MAJESTY, by and with the advice and consent of the *^ Legislative Assembly of the Province of Alberta, enacts he enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Mines Act." shoxt tiue APPLICATION. 2. This Act shall apply to mines of coal, stratified iron-stone, AppUcation shale, clay and other minerals. 3. If any question arises (other than in legal proceedings) °'*£^*„ as to whether a mine is a mine to which this Act applies, the defermined question shall be referred to the Minister, whose decision thereon ^^ Mimster shall be final. INTERPRETATIONS. 4. In this Act and in any regulations made thereunder, unless interpretation the context otherwise requires — (a) "Mine" means a mine to which this Act applies, and**™' includes every shaft in the course of being sunk and every level and inclined plane in the course of being driven for commencing or opening any mine, or for searching for or proving any minerals, or for the operation of same and all the shafts, levels, planes, workings, machinery, tramways, railways, and sidings, both below groimd and above groimd in and adjacent to a mine, and any such shaft, level and inclined plane of and belonging to the mine; (b) "Shaft" means a vertical opening through the strata si^ft that is or may be used for the purpose of ventilation or drainage or for the ingress or egress of persons, "animals or materials to or from a mine or any part thereof; (c) "ticlined plane" includes a slope, and means an incline inclined plane or opening driven on an angle through the strata and which is or may be used for the same purposes as a shaft; (d) "Tunnel or level" means an excavation in the earth or Tunnel or strata driven horizontally or at such an inclination as may be'®^^ necessary for drainage, ventilation or haulage purposes or which is or may be used for the ingress or egress of persons, animals or materials to or from a mine or any part thereof; 1211 1913 (let Sees.) Outlet Plan Minister Chief Inspector District Inspector Inspector Owner Cap. 4 MINES ACT Agent Manager Overman Examiner Shot-lighter Board Workman Supreme Court (e) "Outlet" includes any shaft, inclined plane, tunnel, level or any other means of ingress or egress to or from a mine; (/) "Plan" includes a map and section or a correct copy or tracing of any original plan as so defined; (g) "Minister" means the Minister of Public Works for the province; (h) "Chief Inspector" means the Chief Inspector of Mines appointed under this Act; . (i) "District Inspector" means a District Inspector of Mines appointed under this Act; (j) "Inspector" means the Chief Inspector of Mines or a District Inspector of Mines appointed under this Act; (fc) "Owner" when used in relation to any mine, means any person or body corporate who is the immediate proprietor or lessee, or occupier of any mine or of any part thereof and does not include a person or body corporate who merely receives a royalty or rent from a mine or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof^ or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor for the working of any mine or part thereof shall be subject to this Act in like maimer as if he were an owner, but so as not to exempt the owner from liability; (l) "Agent" means any person having on behalf of the owner, the care or direction of any mine or part thereof; (to) "Manager" means the chief oflScer having the control and daily supervision of any mine; (n) "Overman" means any person in charge of any mine or any portion of a mine next in authority to the manager; (o) "Examiner" means an examiner as provided for imder this Act; (p) "Shot-lighter" means a shot-lighter as provided for under this Act; (q) "Board" means a board of examiners as provided for under this Act; (r) "Workman" means for the purpose of sections 9, 10, 11 and 12, any person employed in a mine below ground who is not an official of the mine or a furnace man, fan man, eager or onsetter, horse keeper or pumpman; and any body of workmen whose hours for beginning and terminating work in the mine are approximately the same shall be deemed to be a shift of workmen; (s) The "Supreme Court" means the Supreme Court of Alberta. EMPLOYMENT OF PERSONS. Register of employees 5. The owner, agent or manager of every mine to which this Act applies shall keep in the office at the mine a book (the form of which shall be prescribed by the Minister) in which shall be entered the name, age, residence and date of first employment of every person employed in connection with the mine and such book shall be produced to an inspector for inspection by him when demanded. Employment g. ^q boy under the age of sixteen years shall be permitted women and Or allowed to work in any mine below ground. 1212 MINES ACT Cap. 4 1913 (1st Sen.) (2) Where there is a shaft, an inclined plane or level in any mine whether for the purpose of entrance to same or for com- munication from one part to another part of same and persons are taken up or down or along such shaft, plane or level by means of an engine, windlass or gin, driven or worked by steam, manual labour or other power, no person shall have or be allowed to have charge of such engine, windlass or gin or any part of the machinery, ropes, chains or tackle connected therewith unless he is a male person of at least eighteen years of age: Provided that when the engine, windlass or gin is worked by a horse, mule or other animal, the person under whose direction the driver of such animal acts, shall, for the purpose of this subsection, be deemed to be the person in charge of such engiae, windlass or gin, but such driver shall not be under sixteen years of age. (3) No boy under the age of fourteen years shall be employed or permitted to work in or about any mine above ground, and no boy under the age of sixteen years and over the age of fourteen years shall be employed or permitted to work in or about any mine above ground unless he is able to read and write and is familiar with the niles of arithmetic, and furnishes a certificate to that effect from a duly qualified school teacher in this province actually engaged as such at the time of granting such certificate. , (4) No woman or girl of any age shall be employed or per- mitted to work in or about any mine above or below groimd. (5) Nothing however contained in this section shall prevent any person from working in an oflBce above ground connected with any miae. 7. Every such school teacher shall, without payment of any^^S^ fee, upon application by any boy, examine him and grant such^Snt certificate if he is foimd to be entitled to the same. certificate 8. If any boy has been employed on the representation of Miarepresent- his parent or guardian, that he was of the proper age imder by paren^or this Act, the owner, agent or manager shall, notwithstanding^""^*" that such boy was not of the proper age, be exempt from liability in respect of such employment; but the parent or guardian who made such misrepresentation shall be guilty of an offence against this Act. 9. Subject to the provisions of this Act, a workman shall T™e not be below groimd in a mine for the purpose of his work orEI"S^i^5 of going to or from his work, or be allowed to be below groimd ''^'°^^°"°'^ for that purpose, for more than eight hours during any con- secutive twenty-four hours. (2) It shall not be deemed to be a contravention of this section if — (a) The period between the times at which the first workman in a shift leaves the surface and the first workman , in the shift returns to the surface, and the period between the times at which the last workman in the shift leaves the surface and the last workman in the shift returns to the surafce, do not exceed the time fixed by this section; or 1213 1913 (l8t Seea.) Cap. 4 MINES ACT (b) A workman is below ground for the purpose of rendering assistance in the event of accident, or for meeting any danger, or for dealing with any emergency or excep- tional work which requires to be dealt with without interruption in order to avoid serious interference with ordinary work in the mine. (3) The owner, agent or manager of every mine shall fix for each shift of workmen in the mine, the times at which the lowering of workmen to the mine is to commence and to be completed, and the times at which the raising of workmen from the mine is to commence and to be completed and the same shall be fixed in such manner that every workman shall have" an opportimity of returning to the surface without contravention of the foregoing provisions of this section, and shall post at the pit-head, a conspicuous notice of the times so fixed, and shall make all arrangements necessary for the observance of those times in lowering and raising the workmen. (4) The interval between the. times fixed for the commence- ment and for the completion of the lowering and raising of eadi shift of workmen to and from the mine shall not exceed the time reasonably required for the purpose and the same shall be approved by the Chief Inspector. (5) A repairing shift of workmen may, notwithstanding the provisions of this section, for the purpose of avoiding work on Sunday, commence their period of work on Satiu-day before twenty-four hours have elapsed since the comn^encement of their last period of work so long as at least eight hours have elapsed since the termination thereof. (6) . In the event of any contravention of this section no person shall be deemed to be guilty of an offence if he can prove that he has taken all reasonable means to prevent same. .Register of times of lowering and 10. The owner, agent or manager of every mine shall appoint a person or persons to direct at the pit-head the lowering and raising persoHR raising of Workmen to and from the mine, and shall, cause a book (the form of which shall be prescribed by the Minister) to be kept, in which shall be entered the times at which workmen are lowered into and raised from the mine, and the cases in which any workman is below ground for more than the time fixed by this Act and the cause thereof. (2) The workmen in a mine may, at their own cost, appoint and station one or more persons whether holding the office of check-weigher or not, to be at the pit-head at all times when workmen are to be lowered or raised, for the purposes of observing the times of lowering and raising, and the provisions of this Act relating to the appointment of the check-weigher, and to the relations of the owner, agent or manager of the mine to the check-weigher, shall apply to any person appointed under tliis subsection. (3) No person shall wilfully make a false entry, in the said book which is to be kept under this section, nor wilfully cause nor wilfully permit any such false entry to be made. Power to suspend provisions of Act relating to time of employment below ground 11. The Lieutanant Governor in Coimcil may, in the event of great emergency, or of any grave economic disturbance due to the demand for coal exceeding the supply available at the 1214 MINES ACT Cap. 4 1913 (let SesB.) time, suspend the operation of this Act so far as it relates to the limiting of hours of work below ground to such extent and for such period as may be named in the order either in respect to all mines or any class of mines. 13. In the application of this Act to mines which are entered Appiioatren^to otherwise than by shafts, and to workmen who are not lowered otherwise to or raised from the mine by means of machinery, the words "'*° ''^ **'* "the admission of workmen to the mine" shall be substituted for the words "the lowering of workmen to the mine," and the words "the return of workmen from the mine," shall be substituted for the words "the raising of workmen from the mine" and the times fixed by the owner, agent or manager of the mine, under section 9 hereof shall be substituted for the times so fixed under this section. SINGLE OUTLETS. 13. The owner, agent or manager of a mine shall not employ Prohibition any person therein, nor permit any person to be therein for°*^°^'® the purpose of employment unless the following conditions respecting outlets to the surface are complied with, that is to say: (2) Every seam which is for the time being at work shall have at least two outlets to afford proper means of egress available to the persons employed in such seam. (3) Such outlets shall not at any point be nearer to one another than one hundred feet and there shall be between sUch outlets a communication not less than four feet wide and four feet high: Provided, however, that nothing in this subsection shall apply to mines in operation before the first day of March, 1908, which have outlets not at any point nearer to one another than forty- five feet. (4) Proper apparatus or ladders for the descent and ascent of persons at such outlets shall be kept on the works belonging to the mine and such apparatus or ladders shall be constantly available for use: (5) Every part of a mine in which ten or more persons are employed at the same time, shall be provided with at least two ways affording proper egress to the surface; but this provision shall not apply when the same is exempt by written order of the Minister. (6) The Supreme Court or any judge thereof, whether any other proceedings have been taken or not, may upon the appli- cation of the Attorney General prohibit by injunction the worHng of any mine in which any person is employed or is permitted to be for the purpose of employment, in contravention of this section and may award such costs in the matter of the injunction as the court or judge thinks just; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Act. (7) Written notice of the intention to apply for such injunction in respect to any mine shall be given to the owner, agent or manager of the mine, not less than ten days before the application is made. 1215 1913 (1st Sobs.) Agreements not to preclude compliance with Act Exceptions to provisions respecting outlets Cap. 4 MINES ACT 14. No person shall be precluded by any agreement from doing such acts as are necessary for providing a second outlet to a mine, where the same is required by this Act, or be liable under any contract to any penalty or forfeiture for doing such acts as are necessary to comply with the provisions of this Act with respect to outlets. 15. The foregoing provisions of this Act with respect to outlets shall not apply to — (a) A new mine or seam being opened; (6) Any working for the purpose of maldng a communication between two or more outlets; (c) Any working for the purpose of searching for or proving minerals; so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connection with a single outlet. (2) Any proved mine which is exempt by order of the Minister on the ground either — (a) That the quantity of mineral proved is not sufiScient to repay the outlay which would be occasioned by sinking or making a second outlet, or by establishing communication with a second outlet in any case where such communication existed and has become imavail- able; or (6) That the workings of any seam of the mine have reached the boundary of the property or the extremity of the mineral field of which that seam is a part, and that it is expedient to work away the pillars already formed in course of ordinary working notwithstanding that one of the outlets may be cut off by so working away the pillars of the same; and so long as not more than twenty persons are employed underground at any one time in the whole of the different seams in connection with a single outlet. (3) Any mine while an^ outlet is being made therefrom or where one of the outlets of which has become by reason of some accident unavailable for the use of the persons employed in the mine so long as the mine is exempt by order of the Minister. BOAED OP EXAMINEES. Diatricts Appointment of Board 16. For the piuT)oses of this and the next succeeding section, the province shall be divided into districts, the number and limits of which shall be fixed and defined from time to time by the Minister. 17. For the purpose of granting certificates under this Act, the Lieutenant Governor in Council may appoint a District Board of Examiners for each district, or a Provincial Board having jurisdiction over all said districts. (2) Such District Board shall consist of — (a) The Chief Inspector or a District Inspector appointed by him; (6) One manager; (c) One working miner. 1216 MINES ACT Cap. 4 1913 (lat Sera.) (3) If a Provincial Board is appointed under this section it shall consist of — (a) The Chief Inspector, or a District Inspector appointed by him; (&) Two managers; (c) Two working miners; and when said Provincial Board is appointed the functions and duties of the District Boards shall cease. (4) The board shall conduct all examinations for the granting of certificates. 18. Each Board of Examiners shall prepare rules for its Rules guidance under this Act and may from time to time amend or revoke same for the conduct of such examinations and for determining the qualifications of all applicants, so, however, that in every such examination, regard shall be made to such ■knowledge as is necessary for the practical working of mines in the province and for the determination of the qualifications of applicants for certificates and shall do such other things as are necessary for the proper discharge of their duties imder this Act. (2) Such rules or regulations and all amendments thereto shall, before coming into force, be approved by the Minister. (3) The Lieutenant Governor in Council may at any time alter or revoke any rules or regulations made by the Board of Examiners. 19. The fees and travelling expenses to be paid to the District Fees and Boards or to the Provincial Board arid the fees to be paid byjISinid"" applicants for certificates, may be determined by the Lieutenant Governor in Council. 30. In no case shall a certificate be granted to any applicant a pgUcant until he has satisfied the Board of Examiners as follows: 00^^^^"^ (2) If an appHcant for a manager's certificate, that he has had at least five years' practical experience in a coal mine, either in Canada or partly in Canada and partly elsewhere, or is the holder of a diploma in scientific and mining training after a course of study of at least two years at an educational institute approved by the Minister, or has taken a degree in scientific and mining subjects at a university so approved, together with . three years' practical experience in a coal mine part of which has been in Canada, and that he is at least twenty-five years of age, and throughout this Act such certificate may be referred to as a first-class certificate. (3) If an applicant for an overman's certificate, that he has had at least three years' practical experience in a coal mine ' and is at least twenty-five years of age, and throughout this Act such certificate may be referred to as a second-class certificate. (4) If an appUcant for an examiner's certificate, that he has had at least three years' practical experience in a coal mine and is at least twenty-three years of age, and throughout this Act such certificate may be referred to as a third-class certificate. 1217 1913 (1st Sesa.) Cap. 4 MINES ACT Kesult of examination Issue of certificates (6) In addition thereto, every applicant mentioned in this section shall produce to the board, satisfactory evidence of sobriety, experience and general good conduct, and shall produce a certificate from a duly quahfied medical practitioner, or from a recognized ambulance society showing that he has taken a course in ambulance work fitting him to give first aid to persons injured in or about a mine. 31. All examination papers shall be set, prescribed and examined by such person or persons as the Minister may appoint or nominate; and such person or persons shall submit to the board the, results of said examinations together with the papers so examined and the successful applicants shall be recommended by the board to the Minister for certificates under this Act. (2) The Chief Inspector shall sign and deliver to every successful applicant the certificate to which he may be entitled. (3) The Chief Inspector may sign and deliver a certificate without examiaation to an applicant who is the holder of a certificate granted in this or any other country, if the board reports that the standard of training and examination required for the grainting of such certificate is equivalent to that required for the granting of a corresponding certificate under this Act. Nature of examinations Register of holders of certificates Fees 33. The qualifications of applicants for second and third class certificates shall be of a standard suitable for practical working miners; examinations for second class certificates shall be partly written and partly oral and examinations for third class certificates shall be oral: Provided, however, that each applicant shall satisfy the board that he is able to read and write in the English language. 33. A register of the holders of certificates shall be kept by such person and in such manner as the Minister may direct. 34. The Chief Inspector shall make a return and transmit to the Minister all fees collected by him. CERTIFICATED PERSONS. Manager Overman Examiner or shot-lighter 35. No person shall act or be permitted to act as manager in any mine unless he is the holder of a first class certificate, granted under this Act. 36. No person shall act or be permitted to act as overman in, a,ny mine unless he is the holder of a first or second class certificate granted under this Act, or unless he is the holder of a provisional certificate granted by- the Chief Inspector authorizing him to act in such capacity for a period not more than sixty days after the next examination is held for the district in which the mine is situated and for which the provisional certificate is granted. 37. No person shall act or be permitted to act as examiner or shot-lighter in any mine where locked safety lamps are required to be used unless he is the holder of a certificate granted 1218 MINES ACT Cap. 4 1913 (let SesB.) under this Act, or unless he is the holder of a provisional certificate granted by the Chief Inspector authorizing him to act in such capacity for a period not more than sixty days after the next examination is held for the district in which the mine is situated and for which the provisional certificate is granted. 38. Any person who has been granted a provisional certificate authorizing him to act as overman at any mine operated imder this Act shall not be granted a renewal of such certificate nor shall he be granted a second provisional certificate. (2) The Chief Inspector may, however, grant a provisional certificate for the period mentioned therein to any person who has had at least five years' practical experience authorizing him to act as overman in any mine. 39. Every mine shall be under the control and supervision Manager to of one manager who shall hold a first class certificate under ''°'""'°™** this Act and who shall examine and initial at the mine all report books a;t least once in every ten days and the owner or agent of every mine shall nominate himself or some other person to be manager thereof, and shall within thirty days after, such nomination is made, send written notice to the Minister and to the District Inspector of the name and address of such manager and the number of his certificate. (2) The underground workings of every mine shall be imder Oyerman to the daily charge of an overman holding a first or second class ''^*'""™**'* certificate under this Act. (3) No mine shall be worked for more than thirty days without the appointment of a manager as provided in subsection 1 of this section, but such owner Or. agent shall not be guilty of an offence if he can prove that he has taken all reasonable means to appoint a manager under said subsection. (4) If for a reasonable cause there is for the time being no manager of a mine qualified as required by this section, the owner or agent of such mine may, subject to the written approval of the Chief Inspector appoint any person holding a second class certificate under this Act to be manager for a period not exceeding thirty days or such longer period as elapses before such person has an opportunity of obtaining by examination a first class certificate under this Act, and the said owner or agent shall immediately send to the Minister and to the District Inspector a written notice of the name and address of such overman and the reason for such appointment. (5) A mine in which less than thirty persons are employed underground shall be exempt from the provisions of this Act in so far as it relates to the appointment of a manager, unless the Chief Inspector, by notice in writing served on the owner or agent requires the same to be under the control of a manager; but the operations undergrbund shall be under the daily charge of a person holding a second class certificate under this Act unless permission is given by the Minister that the operations underground may be under the daily charge of a competent person known to the Chief Inspector. (6) Any person employed as an overman under this Act shall devote his whole time to the supervision of the mine or part thereof and the fulfilling of his statutory duties but nothing in 1219 1913 (iBt Seaa.) Cap. 4 MINES ACT Inquiry into cases of incompetency Record of cancellation Restoration of certificate this section shall be taken to mean that he cannot do such acts as are necessary for the safety of the mine or of the persons employed therein. (7) After the first day of January, 1914, no person who- is manager of a mine shall, without the approval in writing of the Chief Inspector, be manager of any other mine required to be under the control of a manager unless all said mines are within a distance of ten miles of the mine for which he was first appointed. (8) When any person is appointed to be manager of two or more mines required to be under the control of a manager, there shall be an overman appointed at each mine. 30. If at any time complaint is made to the Minister that any person holding a certificate imder this Act is by reason of incompetency or gross negligence unfit to discharge his duty or has been convicted of an offence against this Act, the Minister may make inquiry touching the said complaint and for the purposes thereof, the following provisions shall have effect: 1. The inquiry shall be public and shall be held at such place as the Minister directs. 2. The Minister shall, before commencing the inquiry furnish the person against whom the complaint is made with a statement of same and such person may attend the inquiry or be represented thereat by agent or solicitor, and he may, if desired, be sworn and examined as a witness in the case. 3. The Minister shall have power to cancel or suspend the certificate of the person against whom said complaint is made if he finds that he is by reason of incompetency or gross negligence or of his having been convicted of an offence against this Act unfit to discharge his duty. 4. The Minister may require the person against whom the complaint has been made to deliver up his certificate to the Minister; the Minister may hold said certificate until the con- clusion of the inquiry and he may then either return, cancel or suspend the same. 5. The Minister may also by summons under his hand require the attendance of any person or persons and examine them foi^ the purpose of the inquiry, and every person so summoned shall be allowed such fees as are allowed to a witness attending on a subpoena in proceedings before the Supreme Court. 6. The Minister may make such order, as he may think fit, respecting the costs and expenses of the inquiry and such order shall, on the application of any person entitled to the benefit of the same, be enforced by any court of summary jurisdiction as if such costs and expenses were a penalty imposed by such court. 31. When a certificate is cancelled or suspended in pursuance of this Act, the Minister shall cause such cancellation or suspension to be recorded in the register of holders of certificates. 32. The Minister may, in his discretion at any time, renew, revive or restore on such terms as he may think fit, any certi- ficate which has been cancelled or suspended in pursuance of this Act. 1220 MINES ACT Cap. 4 1913 (1st SesB.) 33. Whenever any person proves to the satisfaction of the Loss of Minister that he has, without fault on his part, lost or been°*^ **** deprived of any certificate previously granted to him, the Minister may cause a duplicate of the certificate to which the appUcant appears by the register to be entitled, to be made out and certified by the person who keeps the register and delivered to the appHcant; and every copy which purports to be so made and certified shall have all the effect of the original certificate. PAYMENT OF WAGES. 34. No wages shall be paid to any person employed in or where wages about any mine, at, or within any hotel or place where any "a™"* ''^ pa>d spirituous or fermented liquor is authorized to be sold or in any house of entertainment, office, garden or placj belonging thereto or connected therewith. (2) AU wages earned by any person or persons employed in or about a mine from the first day to the fifteenth day of each month, both days inclusive, shall be paid on the first Saturday of tha following month, and all wages earned from the sixteenth day to the last day of each month, both days inclusive, shall be paid on the third Saturday of the following month: i Provided, however, that if the said first or third Saturday of any month is a holiday the wages payable on such Saturday shall be paid on the Friday next preceding such Saturday. 35. When the amount of wages paid to any ot the persons How wages employed in a mine depends on the amount of mineral |^|g*,^^ gotten by them, such persons shall be paid according to the weight or measurement of the mineral gotten by them and such mineral shall be trtdy weighed accordingly at a place as near to the mine entrance as is reasonably practicable or measured at the working face. (2) Nothing in this section shall preclude the owner, agent or manager of any mine from agreeing with the persons so employed and paid that deductions shall be made in respect of stones or material other than mineral contracted to be gotten which are sent out of the mine with the mineral contracted to be gotten, or in respect to any tubs or cars being improperly filled in those cases where they are filled by the getter of the mineral, or by the loader, or by any person immediately employed by him, and no such deductions shall be made until such agree- ment is made in writing on behalf of both parties. (3) If such deductions are not mutually agreed upon, they shall be determined as follows: (a) In any special manner agreed upon between the owner, agent or manager of the mine on the one hand, and the persons so employed and paid on the other; or (6) By some person appointed for that purpose by the owner, agent or manager and by a person appointed by such employees who may be the check-weigher if any check-weigher has been appointed as in this Act provided; or 1221 1913 (1st Sesa.) Cap. 4 MINES A.CT (c) If the persons appointed under the preceding subsection fail to agree, then by a third person to be chosen by the persons so appointed and if they cannot agree upon such appointment then by some person appointed by the Minister. (4) If any owner, agent or manager, or the persons so employed in any mine, fail to appoint a person to agree upon such deduction, a person may be appointed on his or their behalf by the Minister. CHECK-WEIGHEE. Appointment of check- weigher Interference of check- weigher Payment of check- weigher 36. The persons who are employed in -a mine and are paid according to the weight of the mineral gotten by , them may, at their own cost, appoint a person (in this Act called a "check- weigher") who is resident in the province and station him at the place appointed for the weighing of such mineral in order to take an account of the weight thereof on behalf of the persons by whom he is so stationed. The check-weigher must be a practical working miner of at least three years' experience and may be appointed by the aforesaid persons employed from time to time in the mine. (2) A check-weigher shall have every facility afforded him by the owner, agent or manager to take correct account of the weighing for the persons by whom he is so stationed, including faciUties for examining and testing the weighing machine and checking the tareing of the tubs and boxes when necessary; and also for counting boxes and tallies in order that the number of boxes, weights or quantities credited to each person may be ascertained, and also including a shelter from the weather and a desk or table at which to Write, all to be furnished by the owner, agent or manager, and he shall have access to all parts of the mine and banldiead necessary for the fulfilment of his duties. 37. The check-weigher shall not in any way impede or interrupt the working of the mine or interfere with the working of the mine or interfere with the weighing, his duty being to take such account as aforesaid only, and the absence of the check- weigher shall not be a reason for interrupting or delaying such weighing. 38. When a check-weigher has been appointed by the persons employed in a mine who are paid according to the weight of mineral gotten out by them and has acted as such, he may recover from any pej-son for the time being employed at such mine and so paid, his proportion of the check-weigher's wages or recompense, notwithstanding that any of the persons by whom the check-weigher was appointed have left the mine or others have entered the same since the check-weigher's appoint- ment, any rule of law or equity to the contrary notwithstanding. (2) Whenever a majority of the miners who are employed in a mine to which this Act applies who have engaged a check- weigher shall request in writing of the owner, agent or manager, that the wages of such check-weigher be paid direct from the offices of the mine, the said owner, agent or manager shall withhold from the wages due the miners aforesaid, a pro rata 1222 MINES ACT Cap. 4 1913 (Ist Sess.) amount sufficient from time to time to meet the wages due the check-weigher, and shall pay the same to him in a like manner as the wages of the said miners are paid. 39. If an owner, agent or manager of a mine desires the removal fjf "^'J*' °* of a check-weigher on the ground that the check-weigher has weigher impeded or interrupted the working of the mine or improperly interfered with the weighing or has otherwise misconducted himself, he may complain in writing to a judge of the District Court, who, if of the opinion that said complaint should be investigated, shall issue a summons to the said check-weigher to appear at a certain time and place therein named. (2) Such summons and a copy of the complaint shall be served personally on the check-weigher at least five days before the return of such summons; if, after diligent efforts, it is found impossible to personally serve said check-weigher the said summons 'may be left with some grown-up person residing in the home or last known place of residence of said check-weigher at least five days before the return of said summons. (3) In default of appearance of the check-weigher to answer the complaint, service of the said summons on him shall be furnished to the satisfaction of said judge. (4) Whether the check-weigher appears or not, said judge shall hear the case at the time fixed in the summons and if he deems sufficient ground is shown by the owner, agent or manager to justify the removal of the check-weigher, he shall make a summary order for his remova;l aiid the check-weigher shall thereupon be removed without prejudice to the stationing of another check-weigher in his place. (5) Said judge may in every case make such order as to the costs of the proceedings he thinks just and such costs may be recovered as a judgment in the District Court. (6) The judgment of said judge shall be final and there shall be no appeal therefrom. 40. In any mine in which the persons employed are paid checker by mutual agreement otherwise than according to the weight of the mineral gotten by them they may, at their own cost, employ one or two practical working miners of at least three years' experience, resident in the province who shall at all times have power and necessary facilities to check the correctness of the manner, method, measure, measurements or quantities according to which persons are paid, on behalf of the persons by whom he is employed; and also for counting boxes and talUes once daily, in order that the number of boxes, weights or quantities credited to such persons may be ascertained. (2) The provisions of this Act with respect to the powers and duties of a check-weigher and the facilities to be afforded him and for his removal from office shall apply to every person appointed under this section. 41. Any person employed in or about a mine may by order orders and in writing authorize his employer to apply the whole or part'*^'^""*'™^ of the moneys due to him to the payment of any debt due by such person employed in or about a mine, but any such order shall be effective only for an amount specified therein. 1223 1913 (Ut Sess.) Cap. 4 MINES ACT (2) Any such employer may without any order retain out of the moneys due any such person employed in or about a mine any siuns due by such person in respect of powder, coal, oil, rent, doctor's fees or other supplies. RETtTRNS AND NOTICES. Annual returns 43. The owner, agent or manager of every mine shall on or before the twenty-first day of January in every year send to the Minister a correct retiun showing the quantity of coal, stratified iron-stone, shale, clay or other mineral wrought or mined in such mine for or during the year ending the preceding thirty-first day of December and the average number of persons ordinarily employed in or about such mine, together with such further information as the Minister may demand. (2) Said returns shall be in such forms as are from time to time prescribed by the Minister who shall from time to time on application furnish forms for the purpose of such returns. Return from 43, When any mine is abandoned, the owner of same shall mine Send to the Minister within twenty-one days thereafter a correct return showing the quantity of coal, stratified iron-stone, shale, clay or other mineral mined in such mine from the preceding thirty-first day of December to the date of abandonment and the average number of persons ordinarily employed in or about such mine during said period together with such further inform- ation as the Minister may demand. Notice of accident 44. In or about any mine whether above or below ground when — 1. Loss of life occurs to any person, the owner, agent or manager shall immediately thereafter send notice of the death by telegram to the Minister and to the District Inspector and within twenty-four hours thereafter shall make a return to the Minister and to the District Inspector according to schedule A; 2. Serious personal injury occurs to any person, the owner, agent or manager shall within twenty-four hours thereafter make a return to the Minister and to the District Inspector according to schedule A; 3. Any personal injury whatever occurs to any person by reason of any explosion of gas or coal-dust or any explosive or any explosion whatever, the owner, agent or manager shall immediately thereafter send notice of such explosion by telegram to the Minister and to the District Inspector and within twenty- four hours thereafter shall make a return to the Minister and to the District Inspector according to schedule A; 4. Any personal injury whatever occurs to any person by electricity or by overwinding or by or from such other cause or means as the Minister may designate, the owner, agent or manager shall within twenty-four hours thereafter make a return to the Minister and to the District Inspector according to schedule A; 5. Any personal injury, of which notice has been sent imder this section, results in the death of the person injured, subsequent to the sending of such notice, then notice in writing of the death 1224 MINES ACT Cap. 4 1913 (1st Sesa.) shall be sent to the Minister and to the District Inspector within twenty-four hours after such death has reached the knowledge of the owner, agent or manager; 6. Loss of life or serious personal injury has immediately resulted from an accident, the place where the accident occurred shall be left in the same condition as it was at the time of the accident for at least three days after sending notice as aforesaid to the Minister and to the District Inspector or until the visit to thfe place by an Inspector, whichever event happens first, unless compUance with this subsection would tend to increase or continue a danger, or would impede the working of the mine. 45. A record of the amount of ventilation passing in every ventilation mine, required to be under the control of a manager, shall be sent monthly to the Minister and to the District Inspector on or before the twelfth day of each month. 46. When any change occurs in the name of any mine not Notice of exempt from compliance with this section by the Minister, or name, etc. in the name of the owner, agent or manager of such mine, or in the ofl&cers of any incorporated owner of such mine, or when any working is commenced for opening a mine or seam, or when any mine is abandoned or the working thereof discontinued, or when the working of a mine is commenced after an abandon- ment or discontinuance for a period not exceeding two months the owner, agent or manager of such mine shall within two months after such change, commencement, abandonment, dis- continuance or recommencement truly and correctly advise the Minister and the District Inspector thereof in writing. ABANDONED MINES. 47. Where any mine is abandoned or the working thereof I'encing discontinued, at whatever time such abandDnment or discon- tinuance occurs, the owner thereof and every other person interested in the mineral of such mine, shall at all times cause the top of every shaft and every entrance from the surface to be kept securely fenced for the prevention of accidents: Provided that subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine, be liable to carry out the provisions of this section and to pay any costs incurred by any other persons interested in the minerals of the mine in carrying out the provisions of this section. (2) Nothing in this section shall exempt any person from liability under any other Act or otherwise. abandoned 48. When any mine is abandoned, the owner of the mine Plans oi at the time of its abandonment, shall within three months there- '^'^'"'"" after forward to the Minister a proper and correct plan of the mine, showing — (a) The boundaries of the workings of the mine showing the working faces, up to the time of abandonment; (6) The pillars of coal or other mineral remaining unworked; 1225 1913 (1st Sess.) Cap. 4 MINES ACT (c) The position, direction and extent of every known fault of every seam in the mine with its vertical throw and of every known washout and dyke; (d) The position of the workings with regard to the surface; (e) The general direction and rate of dip of the strata; (/■) The depth of every shaft and the depth from the surface to every seam; (gr) A section of every seam in the mine. (2) Every such plan shall be on a scale of not less thaA one hundred feet to the inch. (3) When more than one seam has been worked, a separate plan of each seam shall be forwarded. (4) Such plans and sections shall be kept by the Minister: Provided that if an abandoned mine is reopened, the owner shall be entitled to have the plans and sections returned to him on depositing with the Minister copies thereof or of such portions of same as the Minister may require, certified to be correct by a competent draughtsman. (5) No person except an Inspector shall be entitled, without the consent of the owner for the time being of a mine or authority from the Minister, to see any plan or section .while in his possession but such authority shall not be given unless the Minister is satisfied that the inspection of such plan is necessary in th6 interests of safety. (6) When a mine has not been worked for a period of twelve months, it shall be deemed to have been abandoned unless the roadways and workings of same are maintained in an accessible condition; if any dispute shall arise as to whether or not a mine is abandoned under this Act, the same shall be decided by the Minister whose decision shall be final and there shall be no appeal therefrom. (7) A complaint or information for an offence under this section may be made or laid within six months after abandonment of the mine or within six months after service on the owner aforesaid of a notice to comply with the requirements of this section whichever last happens. (8) The Supreme Court may, on apphcation by or on behalf of the Minister, make an order requiring any person who has for the time being the custody or possession of any plan or section of an abandoned mine or seam, to produce same to the Minister for the purpose of inspection or copying. INSPECTION. Appointment 49. The Lieutenant Governor in Council may from time to o inspectors ^j^^ appoint any person holding a first class certificate to be Chief Inspector under this Act and assign his duties and fix his remuneration. (2) The Lieutenant Governor in Council may also from time to time appoint any person holding a first class certificate to be a District Inspector under this Act for the district specified in such appointment, and may assign his duties and fix his remuneration. (3) Notice of the appointment of every such inspector shall be pul?hshed in The Alberta Gazette. 1226 MINES ACT Cap. 4 1913 (1st Seas.) (4) An inspector shall not act as a mining engineer or mine manager within the province. 50. An inspector shall visit every mine in his district as often Duties as his duties permit, or the exigencies of the case require. (2) Every inspector shall make an annual report of his pro- ■ ceedings during the preceding year to the Minister. (3) Immediately after completion of each inspection the District Inspector shall cause to be posted in some conspicuous place at or near the mine a copy or dupUcate of his report. 51. In addition to any other powers or duties with which he^"''®" may be vested, an inspector shall have power to — 1. Make such examination and inquiry as is necessary to ascertain whether the provisions of this Act relating to matters in or about any mine are complied with; 2. Enter, inspect and examine any mine or any part thereof at all times by day or night; 3. Examine into and make inquiry respecting the state and condition of any mine or any part thereof and the ventilation of the mine, and all matters and things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto; 4. Exercise any such powers as are necessary for carrying this Act into effect. 52. No person shall obstruct an inspector in the execution obstruction of his duties under this Act and no owner, agent or manager" ™'* of a mine shall refuse or neglfect to furnish to an inspector the means necessary for making an entry, inspection, examination or inquiry imder this Act in relation to any mine. 53. In every case which is not expressly provided against Causes of in this Act, if a District Inspector finds any mine or any partspeaaUy"* thereof or any matter, thing or practice in or connected with''™"'^^''''"' any mine to be dangerous or defective so as in his opinion to threaten or tend to the bodily injury of any person, he shall forthwith give notice in writing thereof to the owner, agent or manager of such mine and shall state in such notice the particulars in which he considers such mine or any part thereof or any matter, thing or practice to be dangerous or defective and require the same to be remedied; if the same cannot be remedied he may require the men to be withdrawn from the mine or part thereof and unless the same is forthwith remedied or the men withdrawn he shall report the same to the Chief Inspector. (2) If the owner, agent or manager of the mine objects to remedy the matter complained of or to withdraw the men, he shall within ten days after the receipt of such notice from the District Inspector forward his objections in writing, stating the grounds thereof to the Minister who may within ten days after receipt thereof, forward same by registered mail to the Chief Justice of Alberta and thereupon the matter including the costs in connection therewith shall be decided by arbitration by the said Chief Justice and two other arbitrators, one of whom shall be appointed by the Chief Inspector and the other 1227 1913 Cap. 4 MINES ACT (1st Sesa.) • by such owner, agent or manager and the award of the said Chief Justice with one of the other arbitrators shall be final; a copy of the award shall be sent by registered mail to the persons affected thereby. (3) Five days' notice of the time and place at which the arbitrators will hear such matter shall be given to the parties interested. (4) When no objection is forwarded as aforesaid by the owner, agent or manager, he shall comply with the terms of the notice within ten days after the expiration of the time for objection. (5) When there has been an arbitration the owner, agent or manager shall forthwith comply with the terms of the award made thereunder. (6) No person shall be precluded by any agreement from doing such acts as are necessary to comply with the provisions of this section or be liable under any contract to any penalty or forfeiture for doing such acts. investigationo 54, Where it appears to the Minister that a formal investigation of any accident in any mine or any matter connected with the working of any mine is expedient, the Minister may direct an inspector to hold such investigation and with respect to same, the following provisions shall apply: (2) The Minister may appoint any person or persons possessing legal or special knowledge to act with the Inspector in holding the investigation. (3) The Inspector shall make sai(j[ investigation in such manner and under such conditions as he thinks most effectual. (4) In addition to his other powers the Inspector shall for the purpose aforesaid have — (a) Power to enter and inspect any mine building or place, the entry or iiispection of which appears to him expedient; (6) Power by siunmons signed by himself to require the attendance of any person and to require of such person such answers or returns to inquiries as he thinks fit. (c) Power by such summons to require the production of any book, paper or document which he thinks necessary upon such investigation; (d) Power to administer the oath. (5) Any person attending before an iospector in obedience to any such summons shall be allowed such fees as are allowed to a witness attending on a subpoena before the Supreme Court. (6) Every person served with a summons under this section, and who has been tendered the proper witness fees, shall forth- with obey and comply with the terms of the said summons. (7) The Inspector shall make a report upon such investigation, which the Minister may cause to be made public at such time and in such manner as he thinks fit. (8) Any expenses incurred in connection with such investigation shall be paid out of the general revenue fund of the province by order in council. 1228 MINES ACT Cap. 4 1913 (1st Sess.) PLANS. 55. The owner, agent or manager of every mine shall keep Plane m the office at the mine a correct plan of the mine or copy thereof showing the workings of the mine on a scale of not less than one htm(£ed feet to the inch or on the same scale as the plan then used at the mine and showing the workings up to a date not more than three months previous and showing the position of the entrances to the mine with regard to a section post on the surface. (2) Said plan or copy shall also show the general direction and rate of dip of the strata and the depth of every shaft. (3) The owner, agent or manager of every mine shall post in some conspicuous place at the mine a plan showing the principal ways of ingress and egress to and from the various outlets with the travelling roads leading thereto. (4) The owner, agent or manager of every mine shall produce at the mine to an inspector the plan of the workings thereof and shall, if requested by him mark on such plan the progress of the workings of the mine up to the time of such production and shall allow him to examine the same and shall furnish to the Chief Inspector for his information a correct copy of such plan when requested by him. (5) The Chief Inspector may in addition by notice in writing (whether a penalty for such offence has been inflicted or not) require the owner, agent or manager within thirty days thereafter to have made a correct plan as prescribed by this section. CORONEBS' INQUESTS. 56. When an inquest is to be held on the body of any person P"^^«' whose death may have been caused by an explosion or accident of which notice is required by this Act to be given to the Minister or to the District Inspector, the coroner shall immediately notify the District Inspector of his intention to hold such inquest and in the absence, nonarrival or nonattendance of an inspector, the coroner shall adjourn such inquest whenever practicable to enable an inspector or some other properly qualified person appointed by the Minister to be present at the inquest. (2) The coroner before such adjournment may take evidence to identify the body and may order the interment thereof. (3) The coroner at least four days before holding the adjourned inquest shall send to the Minister and to the District Inspector notice in writing of the time and place of holding such adjourned inquest. (4) The inspector or such other person appointed by the Minister and a person appointed by the worlonen of the mine and a person appointed by the owner, agent or manager of the mine at which the accident occurred shall be at liberty at any such inquest to examine any witnesses. (6) Where evidence is given at an inquest, of any neglect or default as having cause or contributed to the explosion or accident, the coroner shall forthwith send to the District Inspector, notice in writing of such neglect or default. 1229 1913 (iBt Ses3.) Cap. 4 MINES ACT (6) No person having a personal interest in, or in the manage- ment of the mine in which the explosion or accident occurred, or any official of any workman's or owner's association, or any relative of the deceased person upon whose body the inquest is to be held shall serve on the jury empanelled for such inquest or act as coroner thereat. (7) If in the opinion of the inspector it will lead to a more thorough investigation and will be more conducive to the ends of justice ■ he may require the coroner to summon as jurymen not more than three working men employed at any other mine than that at which the accident occurred and such working men shall form part of the jury sworn for such inquest. GENERAL PROVISIONS. Ventilation Inspection of mines wliere gas has been found 57. The provisions of sections 58 to 91 inclusive shall be observed so far as is reasonably practicable in or about every mine. 58. An adequate amount of ventilation shall be constantly produced in every mine to dilute and render harmless noxious gases to such an extent that the working places of the shafts, levels, stables and workings of the mine and the travelling roads to and from such working places shall be in a fit state for working and passing therein. (2) An adequate amount of ventilation shall mean not less than two hundred cubic feet of pure air per minute for each person, horse and mule employed in the mine and as much more as the District Inspector may direct. (3) Every mine shall be divided into districts or splits of not more than seventy men in each district and each district shall be supplied with a separate current of fresh air. (4) All intake air shall travel free from all stagnant water, stables and old workings. (5) On all main roads where a door is required the District Inspector may order that two doors shall be placed in order that while one is open, the other shall remain closed. (6) The amount of ventilation passing in every mine shall be measured at least once every week by the overman or his assistant and the same shall be recorded in a book kept at the mine for that purpose. 59. In every mine in which inflammable gas has been found within the preceding twelve months, an examiner appointed for that purpose, shall inspect with a locked safety lamp that part of the mine being or intended to be worked and the roadways leading thereto within four hours before the time of each shift commencing work and if inflammable gas has been found within the preceding three months, then within three hours before the time of commencing work and he shall make a true report to the manager or overman at the time in charge of the mine, of the condition thereof as far as safety and ventilation is concerned; every such report shall be recorded without delay in a book which shall be kept at the mine for that purpose and 1230 MINES ACT Cap. 4 1913 (1st Sees.) shall be signed by the person making the inspection and a copy of such report shall be posted immediately in a conspicuous place at the mine. (2) No workman shall go to work in such part imtil said part and the roadways leading thereto are reported to be safe. (3) For the purpose of this section two or more shifts succeeding one another so that work is carried on without any interval, are to be deemed to be one shift and it shall not be considered an interval if the times fixed for a shift of workmen tO return from work coincide with the times fixed for the oncoming shift to go to work in accordance with this Act. (4) A similar inspection of all parts of the mine in which workmen are to work or pass during that shift shall be made at least once during each eight hour shift. (5) After dangerous gas has been found in any mine, a barometer and thermometer shall be placed above ground in a conspicuous position near the entrance to the mine and the readings shall be taken every day before the commencement of inspection and a record of such readings made in a book kept at the mine for that purpose and it shall be signed by the person or persons making said inspection. 60. In every mine in which inflammable gas has not been inspection found within the preceding twelve months, a competent person ^hMe'gas or persons appointed for that purpose shall once in every twenty- ^^jl'J'*^^^ four hours within four hours before the time of starting work inspect that part of the mine being or intended to be worked and the roadways leading thereto, and shall make a true report of the conditions thereof as far as safety and ventilation is concerned. (2) No workman shall go to work in such part until the same and the roadways leading thereto are reported to be safe; every such, report shall be recorded without delay in a book which shall be kept at the mine for that purpose and the same shall be signed by the person making the inspection and a copy of such report shall be posted immediately in a conspicuous place at the mine. 61. In every mine, all entrances to any place therein not Places to in actual course of working and extension, shall be properly ^* '™°^'' fenced around the whole width of such entrance so as to prevent persons inadvertently entering the same. 63. One or more stations shall be appointed at the entrance stations to a mine or to the different parts thereof as the case requires and no workman shall pass beyond such station until the mine or part of the mine beyond the same has been inspected and reported to be safe. 63. If at any time it is found by the person for the time being withdrawal iu charge of the mine or any part thereof that by reason of °n™se''S™ noxious gases prevailing in such mine or such part thereof or^ai^er from any cause whatever the mine or the said part is dangerous, every workman shall be withdrawn from the mine or such part thereof so found to be dangerous and a competent person 1231 1913 Cap. 4 MINES ACT (1st Ses3.) who shall be appointed for that purpose shall inspect the mine or such part thereof so found dangerous and if the danger arises from inflammable gas he shall inspect the mine with a locked safety lamp and in every case shall make a true report of the condition of the mine or part thereof and every such report shall be recorded without delay in a book which shall be kept at the mine for that purpose and shall be signed by the person making said inspection. (2) Except when necessary for inquiring into the cause of danger or for the removal thereof or for exploration, no person shall be readmitted to the mine or such part thereof so found dangerous until the same is subsequently stated in said report not to be dangerous. famps, etc ^^- ^^ cvery working approaching any place in a mine where there is Ukely to be an accumulation of inflammable gas or in any place in a mine in which there is likely to be any such quantity of inflammable gas as to render the use of naked lights dangerous, no lamp or light other than a locked safety lamp shall be allowed or used. (2) When safety lamps are so required to be used, a person holding a certificate under this Act who shall be appointed for that purpose shall inspect every such lamp immediately before it is taken into the workings, to ascertain if it is secure and securely locked and no such safety lamp shall be used imtil it has been examined and found secure and securely locked and the same shall not be unlocked without authority from the owner, agent or manager and in the said part of the mine, no person shall, without authority from the owner, agent or manager have in his possession any key or contrivance for opening the lock of such safety lamp. (3) In any mine in which safety lamps are required to be used no person shall carry or have in his possession any lucifer match or apparatus of any kind for striking a light or any pipe for smoking tobacco, or any tobacco for smoking in any form. (4) Nothing in this section shall be construed to prevent the use of a safety lamp provided with a relighting apparatus within the tube thereof of a pattern approved and permitted by the Chief Inspector, nor to prevent the use of any shot-igniter, electrical firer or other appliance for such purpose of a pattern approved and permitted by the Chief Inspector. (5) For the purpose of ascertaining whether any person is contravening any of the provisions of subsections 2 and 3 hereof, the owner, agent or manager may appoint one or more persons to make such inspection as he deems necessary. (6) When safety lamps are used in any part of a mine no naked lights shall be used in any other part of the mine situated between the place where said safety lamps are so used and the return airway. (7) When more than forty safety lamps are used at any one time in a mine, one or more competent persons shall be appointed by the owner, agent or manager to see that such lamps are properly cleaned, put together and in good order before being given out to the workmen. 1232 MINES ACT Cap. 4 1913 (1st Seas.) 65. No explosive shall be stored in any mine nor shall it be^^'P'""^" taken into any mine except in a secure case or canister containing not more than five pounds. (2) There shall not be at any one time in any one place in a mine more than one case or canister; but for the driving of rock tunnels, the Chief Inspector may grant permission in writing for a sufficient amount of explosive to be taken into the mine by one or more persons in secure cases or canisters containing not more than twenty-five pounds in each such case or canister. (3) In the process of charging or stemming for blasting, a person shall not use or have in his possession any iron or steel to be used as a pricker, charger, tamping rod, scraper or steromer and nothing but clay or other non-inflammable substance or material shall be used for stemming and such clay or other non-inflanmiable substance or material shall be provided by the owner of the mine. (4) No explosive shall be forcibly pressed into a hole of insuffi- cient size and when a hole has been charged the explosive shall not be unstemmed or imrammed and no hole shall be bored for a charge at a distance of less than twelve inches from any hole where a charge has missed fire. (5) Every charge of explosive where possible shall be placed in a properly drilled shot-hole and shall be sufficiently stemmed. (6) Only one class, grade or quality of explosive shall be used in any one shot. (7) In any place, in which the use of a locked safety lamp is for the time being required under this Act or in any place which is dry and dusty, no shot shall be fired except by a shot- lighter appointed for the purpose and he shall immediately before charging any shot-hole, examine same and shall see that the coal is well prepared, the shot properly placed, and the bore-hole well cleaned; he shall examine the character of explosive and shall regulate the quantity of such explosive to be used in such hole, and such hole shall be loaded according to his instructions; he shall examine all places contiguous thereto within a radius of sixty feet and shall not fire the shot unless he finds it safe to do so and the cables shall not be coupled up nor the shot fired except by him; the explosive shall not be fired except by some form of electrical firer or other means approved by the Chief Inspector. (8) After a shot has been fired, the shot-Ughter shall inspect the place and the workmen shall not resume work in such place until it has been so inspected and pronounced safe by the shot-lighter. (9) Not more than one shot shall be fired at any one time in any working face in coal imless such shots are fired simultaneously by electricity. (10) Detonators shall not be used in any mine nor taken therein except under the following conditions — (a) Detonators shall be under the control of the owner, agent or manager of the mine or some person or person's appointed in writing by him for that purpose and 1233 1913 Cap. 4 MINES ACT (1st Sess.) they shall be given only to shot-lighters or other persons authorized by the owner, agent or manager in writing: Provided, however, that where an electrical firer is used, the workmen may carry their own supply of detonators, but a shot-lighter shall be the only person in the mine who shall have in his possession or use, an electrical firer; (6) All detonators given or issued under this subsection shall, until they are about to be used, be kept in a secure case or box separate from "any other explosive. (11) No shot shall be fired in any place in which at the last inspection inflampiable gas has been found — (a) Unless the person appointed under subsection 7 hereof has examined the place where gas has been so reported to be present, and has found that, such gas has been cleared away, and that there is not at or near such place, sufficient gas issuing or accumulated to render - it unsafe to fire the shot; or, (12) No shot shall be fired in any place which is dry and dusty except one of the following conditions is observed, namely: (a) Unless the place where the shot is to be fired and all contiguous accessible places within a radius if sixty feet therefrom including roof, floor and sides are at the time of firing in a wet state from thorough watering or other treatment equivalent to watering. (13) Any mine which is divided into districts in such a manner that each district has an independent intake and return airway from the main air-course, for the purpose of this section, each of such districts shall be considered a separate mine. (14) No explosive shall be thawed in any mine underground and when it is necessary to thaw same at any mine a proper thawing apparatus on the surface shall be provided by the owner of the mine. Boreholes Qg. When any working has approached within one hundred and twenty feet of a place which is likely to contain a dangerous accumulation of water, the working approaching such place shall not exceed eight feet in width or height and there shall be constantly kept at a sufficient distance not being less than fifteen feet in advance at least one bore-hole near the centre of the working face and sufficient flank bore-holes on each side. gi^es^in'"' ®^" Every working shaft used for the purpose of drawing shafts minerals or for the lowering or raising of persons, if of a greater depth than one hundred and fifty feet and not exempt in writing by the Chief Inspector, shall be provided with guides and some proper means of communicating distinct and definite signals from — (a) The surface to the bottom of the shaft; . (b) The bottom of the shaft to the surface; (c) Every entrance for the time being in use off the shaft to the surface; 1234 MINES ACT Cap. 4 1913 (1st Sess.) (d) Every entrance for the time being in use off the shaft to the bottom of the shaft. 68. Every underground plane on which persons travel which ^1^^^°°^,^ is self-acting or worked by an engine, windlass or gin shall planes be provided, if exceeding ninety feet in length with some proper means of communicating distinct and definite signals between the stopping, places and the ends of the plane and every back or counter balance used for raising or lowering coal or other minerals if exceeding ninety feet in length, unless exempt in writing by the Chief Inspector shall be provided with some proper means of communicating distinct and definite signals between the lower end and between the entrance of every working place thereon for the time being in work and the upper end thereof. 69. Every underground plane on which persons travel which *^»jjg^ ™ is self-acting or worked by an engine, windlass or gin, if exceeding roads sixty feet in length shall be provided with sufficient man-holes or places of refuge at intervals of not more than sixty feet. (2) Every road on which persons travel imdergroimd where the produce of the mine in transit exceeds ten tons in any one hour over any part thereof, and where the load is drawn by a horse or other animal, shall where there is not standing room of at least two feet, be provided with man-holes or places of refuge at intervals of not more than seventy-five feet. (3) Where the load is drawn by machinery or other mechanical power at a speed exceeding two miles per hour and there is not standing room of at least two feet, there shall at intervals of not more than sixty feet be provided, man-holes or places of refuge. (4) Every manhole or place of refuge shall be at least three feet in depth between the sides of the cars running on the plane or road and the back of the man-hole, three feet in width and five feet in height or the height of the seam but in any case not less than four feet. (5) Every man-hole and place of refuge shall be constantly kept clear and frequently whitewashed and no person shall place anything in a man-hole or place of refuge so as to prevent access thereto. (6) Whenever in the opinion of the Chief Inspector the pro- visions of this section are not sufficient for the safety of the persons travelling thereon, he may require the owner, agent or manager of such mine to provide a separate travelling road. '70. The top of every shaft which for the time being is out shafts and of use or used only as an airshaft shall be kept secvu-ely fenced le'fenced *° for the prevention of accidents. (2) The top and all entrances between the top and bottom of every working, ventilating or piunping shaft shall be properly^ fenced for the prevention of accidents but this shall not prevent the temporary removal of the fence to -make repairs or for other operations if proper precautions for safety are used in the meantime. 1235 1913 (lat Seas.) Partitions in shafts Cap. 4 MINES ACT 71. Where one portion of a shaft is used for the lowering or raising of persons by ladders or otherwise, and another portion is used for raising the material gotten in the mine, no person shall travel or be permitted to travel in the shaft when the same is in operation, unless the first mentioned portion is either cased or otherwise securely fenced from the last mentioned portion. Shafts to be secured 73. Where the natural strata is not safe, every working or pmnping shaft shall be securely cased, Uned or otherwise made secure. Places to be made secure 73. The roof and sides of every travelling road or working place shall be made secure and no person except those appointed for the purpose of exploring or repairing shall travel or work in any such travelling road or working place which is not so made secure. Timber 74. A sufficient supply of suitable timber shall be constantly kept in each working place as near the working face as is practicable and in no case shall it be further away than the ]iearest crosscut to the working face, or other convenient place in the vicinity thereof. Spragging 75, All coal durLag the operation of holeing or imdercutting by hand shall be supported by coal or wooden props. Overhead cover 76. Every cage or tub employed in lowering or raising persons in any working shaft shall have a sufiicient and proper covering overhead but this shall not apply where the cage or tub is worked by a windlass nor where persons are employed at work in the shaft nor where a written exemption is given by the Chief Inspector. Chains 77. No single link chain shall be used for lowering or raising persons in any working shaft or place except for the short coupling chain attached to the cage or load. Prevention of rope slipping 78. The drum of every machine used for lowering or raising persons shall have attached or fastened thereto proper flanges or horns and if the drum is conical in shape it shall have such other appliances as are sufficient to prevent the rope from slipping. Brake and indicator 79. Every machine worked by steam, water or other mechanical power used for lowering or raising persons shall have attached thereto an adequate brake aild in addition to any mark on the rope is shall also have a proper indicator showing the position of the cage or load at all times. Fencing of machinery 80. Every fly-wheel and all exposed and dangerous parts of the machinery used in or about any mine shall be kept securely fenced for the prevention of accidents. Boilers §!_ Every steam boiler shall be provided with a proper steam gauge, water gauge and safety valve. 1236 MINES ACT Cap. 4 1913 (Ist Sen.) 88. A competent person or persons appointed for the purpose ^^y^™ °^ shall at least once in every twenty-four hours inspect the external parts of all machinery, headgear, ropes and chains of the mine which are in actual use and shall without delay make true reports of such inspections in a book which shall be kept at the mine for that piirpose, a copy or duplicate of which shall be posted at the mine and such reports shall be signed by the person mal^g the inspections. 83. A competent person appointed for the purpose shall at least once in every week inspect the shafts and the guides or conductors therein by which persons are lowered or raised and shall without delay make true reports of such inspection in a book which shall be kept at the mine for that purpose, a copy or dupUcate of which shall be posted at the mine and such reports shall be signed by the person making the inspections. 84. A ladder used permanently for ingress or egress to or Ladders from a mine shall not be fixed in a vertical or overhanging position, but shall be inclined at the most convenient angle which the space in which the ladder is fixed allows and every such ladder shall have substantial platforms at intervals of not more than forty feet. 85. Properly constructed ambulances or stretchers with splints Ambulances, and bandages shall be kept at every mine ready for immediate **"■ use in case of accident. 86. No person shall wilfully damage or without proper authority ?'^^ remove or render useless any fence, fencing, casing, lining, guides, means of signalhng, signal, cover, chain, flange, horn, brake, indicator, ladder, platform, steam gauge, water guage, safety valve or other apphance or thing provided at the mine. 87. If more than twenty persons are employed iu any mine ^ash-house below ground, sufficient accommodation shall be provided for enabling the persons employed in the mine to conveniently wash themselves and dry and change their clothes and such accommodation shall not be in the engine house or boiler house. 88. No person shall, without lawful authority enter any Authority mine, building or premises without first having obtained *°^''*°'^ permission from the owner, agent or manager, overman or outside foreman. 89. Eor the purpose of complying with the provisions of Directions to this Act, everv person shall observe such careful directions with^^"''^"^'^ respect to working as are given to him. 90. The workmen employed in a mine may, at their own^°™^**^* cost, appoint any two persons, resident in the province andS>pranted who are not miniag engineers, and who are practical working ^^™^'™™ miners and have had not less than five years' experience of underground work, to inspect the mine, and the persons so appointed shall be allowed once at least in every month, accompanied, if the owner, agent or manager of the mine t hink s 1237 1913 (1st Sess.) Cap. 4 MINES ACT fit, by himself or one or more oflBcials of the mine, to go to every part of the mine, and to inspect the shafts, roads, levels, workings, airways, ventilating apparatus, old workings, and machinery, and shall, where an accident has occurred in a mine of which notice is required under this Act to be given, be allowed to go, accompanied as aforesaid, to the place where the accident occurred, and to make such inspection as may be necessary for ascertaining the cause of the accident, subject, however, to the provisions of this Act requiring the place where an accident has occurred to be left as it was immediately aftsr the accident. (2) Every facility shall be afforded by the owner, agent and manager and all persons in the mine for the purpose of such inspection, and the persons appointed shall, except where the inspection is an inspection for the purpose of ascertaining the cause of an accident, forthwith make and sign a full and accurate report of the result of the inspection in a book to be kept at the mine for the purpose and shall forthwith cause a true copy of the report to be sent to the District Inspector. How books mentioned in these rules are to be kept 91. All books required to be kept by the foregoing general provisions shall be provided by the owner, agent or manager, and the same or a correct copy thfereof shall be kept at the office of the mine and an inspector or any person employed in the mine, or anyone having the written authority of the Chief Inspector may, at all reasonable times inspect and take extracts or copies from such books; but nothing, in this Act shall be construed to impose an obligation to keep any hodk or copy thereof for more than twelve months after same has ceased to be used for entries therein under this Act; and any report by this Act required to be recorded in a book may be partly in print or lithograph and partly in writing. SPECIAL PROVISIONS. 93. The provisions of sections 93 to 124 inclusive shall be observed as far as is reasonably practicable in or about every mine. To be registered 93. Before commencing work in or about any mine every person shall personally attend at the office and be registered in accordance with the provisions of this Act. Orders to be observed 94. Every person, shall at all times, obey the lawful demands or orders of the person imder whose charge he may be. Sanction must be obtained Obtain authority before leaving work 95. No person occupying a position of trust shall delegate his work to another person without the sanction of the person under whose charge he is and no person occupying a position of trust shall absent himself from duty without legitimate cause or without having previously obtained permission from the person under whose charge he is. 96. Where work is carried on continuously for more than one shift, no person having charge of other persons, machinery, signals or ventilating apparatus shall leave work until relieved, unless authorized by the persons under whose charge he is. 1238 MINES ACT Cap. 4 1913 (let SeBB.) 97. No person in or about any mine shall commit an actNoaotBto likely to cause danger to the mine or to any person. safety**' 98. Any person receiving personal injury in or about any Report of mine shall, if able, before leaving the mine, report same to the"""'^ manager, overman, examiner or outside foreman. 99. When any person becomes aware of any contravention Report of of this Act, he shall as soon as possible report same to the manager, dLdpUne overman, examiner or outside foreman. 100. Intoxicating liquor shall not be ta.ken in or about any intoxicating mine without the consent of the manager, nor shall any person an °wecf°* in a state of intoxication enter or be allowed to remain in or about any mine. 101. No person without proper authority shall interfere with i°'£rf«f™'^« 1- J ■ 1 1 /• • 1 ii- i ■ '"'"' notices, any notice, timber, door, fence, aircourse, brattice, stopping or etc. other appliances nor shall he leave open any door which he found shut nor shall he do anything to interfere with the ventilation of the mine, to impede the working thereof or damage the property of the owner. 103. No person shall enter or remain in any place in or No person to about any mine where he is not absolutely required by duty pfac" without to be. authority 103. No person shall ride on any car in or about any minejarano"" without the permission of the manager. allowed 104. No person with an open light shall enter or remain inCareofUghts any stable and any person who finds an open light in a stable shall at once extinguish it. (2) Every person shall see that all unnecessary lights under his charge are extinguished. 105. Every person shall use great care and precaution inCareofoars handling cars so that no injury will occur. 106. A workman shall use great care and precaution in^^'jo^^gg handling explosives and when making a cartridge he shall not keep his lamp on his head nor have a pipe or cigarette or cigar in his mouth; he shall place his lamp at least four feet away and at a point where the air will carry a spark from him. 107. No person shall take into or allow to remain in any Explosives, building about any mine any explosive or explosive substance, To bf" unless authorized to do so by the owner, agent or manager. MANAGER. 108. The manager shall take all reasonable means to enforce the provisions of this Act; he shall have supervision and control of the mine and shall be responsible for the appointment of a sufficient number of persons whose duty it shall be to carry out the provisions of this Act and to see that the mine is worked with all reasonable provisions for safety. 1239 1913 Cap. 4 MINES ACT (lat Sess.) OVERMAN. 109. The overman shall — (1) Be subject to the control of the manager and shall direct and supervise all work imderground; in the absence of the manager, or at any mine where a manager is not required by this Act, he shall have the same responsibility and be subject to the same liabilities as the manager. (2) He shall examine all working places in the mine as often as possible particularly with reference to safety and proper working and generally he shall exercise that direction over the workmen and work that will conduce to their safety and the best interests of the mine. (3) He shall see that all roadways, headings, airways and breasts are kept as straight as possible and that all pillars and stumps are of uniform and sufficient thickness. - (4) He shall see that all stoppings are properly built and kept in good repair. (5) Immediately after it has come to his notice, he shall cause all dangerous places to be made secure. (6) He shall see that all doors are hung in such a manner that they will close of their own accord and he shall see that all doors not in actual use are taken off their hinges and shall not allow any door to be propped or fastened back or opened except for the passage of persons, animals, cars or locomotives. (7) He shall not allow a trapper while on duty to leave any door under his charge under any pretext whatever. (8) He shall see that all entries ars driven the proper height and width, that all roads are kept properly cleaned and as well drained as possible and in a safe condition for all animals. (9) He shall see that all horses and mules tmder his charge are not overworked or imnecessarily whipped or abused . by the drivers, and that the stableman properly attends to his duties. (10) He shall see that no coal or other material is lost by premature or improper drawing of pillars or stumps and that the coal is properly mined. (11) He shall see that all tools and materials furnished to the workmen are properly used. (12) He shall examine and initial daily at the mine, all report books in the department under his charge and shall see that all reports are properly recorded therein. (13) He shall see that all airways and all accessible old workings are inspected once at least in every week and that reports of such inspections are recorded immediately in a book kept at the mine for that purpose, and that the same are signed by the person or persons making said inspections. EXAMINEE. 110. The examiner shall — (1) Be subject to the orders and control of the overman whose instructions shall not conflict with this Act. 1240 MINES ACT Cap. 4 1913 (1st Sees.) ■ (2) He shall when making his inspection before work com- mences, chalk his initials and date of inspection at the face of 3very working place in the district under his charge and shall see that all entrances to any place which may be found unsafe are fenced off at such a distance from the point of danger so as to prevent any person inadvertently approaching same. (3) He shall inspect at least once in every twenty-four hours all airways in the district under his charge and on his becoming aware of anything requiring attention shall report the same to the manager or overman. (4) He shall keep a careful watch over all working places in the district under his charge and in the event of danger he shall withdraw all persons who may be exposed to such danger and immediately report the same to the manager or overman and shall also make and sign a report of such danger in a book kept at the mine for that purpose. (5) He shall before commencing his shift read the reports of the last preceding iospection and insert his initials thereto and note if gas or any other dangerous condition has been reported to be present in any part of the district under his charge. (6) He shall see that the provisions of this Act are strictly observed and shall report any nonobservance of the same to the manager or overman immediately after the same comes to his attention. SHOT-LIGHTEB. . 111. The shot-lighter shall be subject to the control of the overman whose instructions shall not conflict with this Act. (2) Before firing a shot, the person about to fire the same shall see that all persons are out of reach of danger from the probable effect of such shot in that or any adjoining place and he shall take such precautions as , may be necessary to prevent any person inadvertently approaching until the shot is fired. (3) When electric batteries are used for firing shots and a shot has missed fire, no person shall enter any place where the shot has missed until the battery has been disconnected and permission is given for such entry by the person in charge of the firing. (4) Where fuse is used for firing shots, no person shall enter any place where a shot has missed without authority or permission from the manager, overman or examiner. (5) A record of all shots which have missed fire shall be kept in a book provided at the mine for that purpose. (6) In all places where locked safety lamps are required to be used, the shot-lighter shall not be a contractor nor any person in the employ of a contractor unless permission in writing is first obtained from the Chief Inspector. (7) Before leaving a place wliere a shot has missed fire, a warning board or fence shall be erected or fixed across the whole width of said place by the person who attempted to fire same to prevent anyone inadvertently entering said place. 1241 1913 Cap. 4 MINES ACT (l9t Seas.) (8) ' After a shot has been fired, the person who fired same shall, as soon as practicable thereatter, inspect the place and take all necessary steps to ensure safety before work is resumed. LAMPMAN. 113. The lampman shall see that every safety lamp given out for use in the mine is thoroughly cleaned and properly put together in safe working order and securely locked, and he shall also see that no safety lamp gauze is used with less than twenty-eight parallel wires to the inch, with equal spaces between. (2) He shall see that all oil, gasoUne, naptha, spirits or other inflammable materials are carefully and properly stored and used and that no greasy waste or other refuse is allowed to accumulate in or about the lamp house. (3) He shall not allow any person to be in the lamp house except those whose business requires them to be there and he shall keep the lamp house neat and clean and all appliances in. proper working order. (4) Whenever the lampman receives any defective or damaged lanip from any person, he shall report same to the manager or overman and he shall keep same in the state in which it was received by him until inspected by the manager or overman. (5) No one except a person authorized by the manager or overman shall take a safety lamp from the lamp house or give one out for use in the mine. SAFETY LAMPS. 113. Every person on receiving a safety lamp shall inspect it to see that it is secure and securely locked. (2) Every person who has a safety lamp in his possession shall pay frequent attention to same and if oil is spilled on the gauze or glass, if the gauze is punctured so as to make a hole larger than that allowed in an ordinary safety lamp gauze, if the glass is cracked or if said lamp becomes unsafe from fire- damp or from the foregoing or any other causes, he shall at once extinguish the light by drawing the wick within the tube and forthwith take it to the overman, examiner or to the lamp house outside. (3) No person shall improperly use or damage any safety lamp or blow out or attempt to blow out any flame in any safety lamp. (4) No person shall place a safety lamp on its bottom imless it is necessary to do so for the safe performance of his work and in all cases it shall be at least two feet from the swing of any tool. (5) Every person receiving one or more safety lamps before going on shift shall personally return them at the end of the shift to the lamp house. (6) No person shall without authority have in his possession in any mine, any explosive and in mines where locked safety 1242 MINES ACT Cap. 4 1913 (l8t Sess.) lamps are required to be used if any explosive remains in the possession of a workman at the end of his shift he shall bring same out of the mine and return it at once to the place of storage provided for that purpose. (7) Every person authorized to use explosives shall use the greatest precaution in the care and handling of same. (8) No person shall fire any shot without authority from the manager or overman. UNDEEGROUND WORK. 114. All persons employed underground shall be subject .^"tracttons generally to the control of the manager, overman, examiner and any other person properly appointed. (2) No person shall walk up or down a hoisting slope without permission from the manager or overman and every person in or about a slope or shaft bottom shall obey the orders of the onsetter or eager. (3) No person in or about any mine shall improperly use or remove any signal, signal wire or signal apparatus and no person without proper authority shall give any signal. (4) Before commencing work, every person in charge of a working place shall satisfy himself that the same is in a safe condition to work in; he shall also inspect his working place carefully at frequent intervals during his shift and he shall set sufficient timber to safely support the roof and sides of said place; he shall remove or renew same when necessary and shall take down all dangerous or doubtful pieces of loose material; if, however, said person finds it impossible to make said place safe, he shall fence same off and at, once report same to the manager, overman or examiner and he shall at no time leave his working place until it is made safe or fenced off. (5) When any person finds that he has not sufficient timber or other material to make his place safe, he shall immediately withdraw from such place and report same to the manager, overman or examiner. (6) Any person in charge of a place shall work same according to the directions or orders of the manager, overman or examiner. (7) When any person discovers any stoppage or disarrange- ment of ventilation, damage to any air-crossing, cloth, door, stopping, brattice or air-pipe, or observes any obstruction in any air-course, weakness in the roof, deficiency of timber weight or creeping of roof in any working place or roadway, accumulation of gas or water or any other danger, he shall immediately give notice to every person exposed to such danger and to the manager, overman or examiner. (8) When any person finds fire-damp or other noxious gases in dangerous quantities in any mine, he shall immediately report the same to the manager, overman or examiner before leaving the mine and before leaving the mine he shall see that a record of the same is made in a book kept at the mine for that purpose. 1243 1913 (1st Been.) Cap. 4 MINES ACT STABLEMEN AND DRIVERS. Duties 115. The stableman shall not allow any animal under his charge to do any work while not in proper condition, and he shall report to the manager or overman any injm-y received by any animal under his charge. (2) The stableman shall see that all animals receive proper attention and he shall attend daily or when required by the overman or manager to all animals suffering irom any cause or illness; he shall not administer any medicine to any animals except for sore shoulders, cuts or bruises unless authorized to do so by the manager or overman and shall have all animals harnessed with proper -fitting harness and in good condition for their work before allowing them to leave the stable. (3) Every person in charge of an animal shall take proper care of same; he shall not abuse it or allow anyone else to do so and he shall not leave same at any time without securing or fastening it safely from any possible danger. (4) When any person in charge of an animal finds that it cannot pass along any road without rubbing against the roof, sides or timbering, he shall at once report same to the manager, overman or examiner. (5) Sufficient and suitable sprags shall be provided g,nd every person shall exercise great care while running or drawiag cars and if necessary shall use sufficient sprags to prevent said cars from getting beyond control. DRIVER BOSS. Duties 116. when a driver boss is appointed he shall, inside the mine, have chargeof all drivers, chute-loaders, spraggors, trappers and others engaged in hauling coal. TRAPPERS. Duties 117. When a trapper has charge of a door, he shall open same only for the passage of persons, animals, locomotives or cars and he shall instantly close the same when they have passed through; he shall not allow said door to remain open or to be propped or fastened back and he shall not leave same imtil the work of his shift is finished. HAIJI;AGE EGADS. Instructions for the operation of 118. Any person in charge of any haulage road, plane or incline, or any cars or machinery thereon shall at all times pay strict attention to signals and to any deviation from the regular course of said cars or machinery and when he finds anything defective, he shall forthwith stop the cars and the machineiy until the defect is repaired or remedied; he shall also report to the manager, overman or person under whose charge he may, be forthwith, any danger, weakness or defect he may find. (2) Any person whose duty it is to couple any car to any rope or chain, or to any other car, shall see that the couplings are secure, properly made, in good order and not twisted. 1244 MINES ACT Cap. 4 1913 (l8t Sesa.) (3) Stop blocks or some other efficient appliance to prevent cars from accidentally going down, shall be provided and used at the top of all self-acting inclines, slopes and shafts. (4) Where a drag or other appliance is required to be used by the manager or overman, the person in charge of same shall in all cases attach the drag or other appliance to the cars before hoisting begins. CAGERS AND ONSBTTERS. 119. The eager or onsetter shall have the general direction Authority of the work at the pit bottom and he shall see that all persons,*" "*'*° animals, cars and material are properly caged consistent with safety. (2) He shall also see that no person is allowed to be raised in or on any cage or trip if the opposite cage or trip contains material of any description nor shall he allow any person to ascend in or on any cage which contains any car; nothing in this subsection shall, however, be taken to mean that a person may not be raissd in a cage or trip where material is required to be placed on the opposite cage or trip, for the purpose ot acting as a back balance: Provided such material is securely fixed in such a manner that it cannot move on such cage or trip. OUTSIDE FOREMAN. , 130. The outside foreman shall be subject to the control of Duties the manager or a person appointed by him, and he shall direct and supervise all operations outside the mine. (2) He shall see that every person imder his charge performs his duty in a manner to insure the greatest possible safety to others and to the property of the owner. (3) Unless some other person is appointed for the purpose, he shall receive all orders for suppUes and shall see that they are properly filled. (4) He shall see that all explosives and other inflammable materials are handled with the greatest possible care, and at no time shall he' allow a nS,ked light to be in the powder magazine. (5) He shall see that all unnecessary fires are extinguished or properly damped before he leaves the mine at the close of each day. VENTILATING FANS. 131. No person shall stop or cause to be stopped or change Ventuating oir cause to be changed the speed of any ventilating fan without'™* first having complied with the provisions of section 9 of The Boilers Act being chapter 9 of the Statutes of Alberta, 1911-12, as amended. BANKSMEN. 133. The banksman shall have the general direction of the Authority work at the bankhead and he shall see that all persons, animals, *""* ''"^*° cars and materials are properly caged consistent with safety. 1245 1913 Cajp. 4 MINES ACT (lat Seas.) (2) He shall also see that no person is allowed to be lowered in or on any cage or trip if the opposite cage or trip contains material of any description nor shall he allow any person to descend on any cage which contains any car; nothing in this subsection shall, however, be taken to mean that a person may not be lowered against a cage or trip where material is required to be placed on the opposite cage or trip for the purpose of acting as a back balance: Provided that such material used for the purpose of a back balance is securely fixed in such manner that it cannot move on such cage or trip. (3) He shall report to the master mechanic or outside foreman any defect he may notice in the stop-blocks or other appliances. WASH-HOUSE. Wash-house ^33^ ]^q person shall at any time take explosives, detonators, igniters or any explosive substance of any kind into any wash- house. (2) Every person shall leave his clothes where directed by the manager or some person appointed by him. SHAFT SINKING. Shaft sinkine i34_ ipj^^ banksman shall in all cases steady the tub, or anything about to be lowered before it leaves the top of the shaft and shall see that all bricks and other small materials are kept below ths level of the top of the tub; he shall see that nothing is sticking to the bottom of the tub, and that all tools, gear or timber are properly placed and secured, and in no case shall he permit any material to be filled into a tub hanging over an uncovered shaft. (2) The banksman shall, in every case see that the tub is lifted by the engine off the landing wagon or other cover and that it is steadied over and into the shaft. (3) When a landing wagon is used, the banksman shall secure same by a catch when "off" and "on"; when landing he shall not signal to lower the tub on to the wagon until the latter is in position over the shaft and properly secured, and when work is ceased the la.nding wagon shall be left so that it will not impede the ventilation nor leave the shaft unfenced. (4) The banksman shall not leave the top of the shaft while men are ascending or descending same. (5) The shift boss shall be imder the control of the manager or overman and he shall have full charge of the sinking operations; he shall at least once in every shift or more frequently if necessary inspect the shaft and remove any loose stones and if anything is found to be unsafe he shall stop sinking until everything is made secure, he shall immediately after such inspection make_ a,nd sign a true report of the condition of the shaft in a book" provided for that purpose. (6) The shift boss shall see that the tub at the bottom of the shaft is so filled that the contents, if consisting of brick or other small materials, shall be below the level of the top of the tub; he shall see that stones are properly packed therein and 1246 MINES ACT Cap. 4 1913 (1st SesB.) that nothing is sticking to the bottom thereof; he shall also see that all tools, gear and timber are properly placed and secured and that the tubs are in a line with the rope and properly steadied before being sent away. (7) Every shot shall be fired under the supervision of the shift boss only and he shall see that the same is fired by an electric battery from the surface and that such battery is not coupled to the cables until every person is out of the shaft. (8) After every cessation of work, whether caused by the withdrawal of the workmen for shot-firing or other purposes, the shift boss, accompanied at least by one other person shall descend and inspect the shaft and he shall satisfy himself that the same is safe before allowing any other person to descend; after firing any shot, when inflammable gas is likely to be present such inspection shaJl be made with a locked safety lamp and after an intermission of four hours in working, the shaft shall not be entered until a safety lamp has been lowered and it has been found that no gas is present. (9) The shift boss shall descend in the first tub and shall ascend in the last tub in each shift. (10) When walling or bricking is being done, the shift boss shall see that the shaft under the bricking scaffold is properly ventilated, that the scaffold is not over-weighted with material, and that the brickwork is of the strength specified by the manager. (11) Explosives shall not be taken into or kept in a shaft until immediately before they are required to be used. (12) When directed by the manager or overman, no lamp but a locked safety lamp shall be used in the shaft. (ItS) When ascending or descending by a tub, every person shall keep within same and no person shall ascend or descend on a loaded tub. ORDERS NOT PROVIDED FOR. 135. The owner, agent or manager or a person appointedPgjj™^"^^ by him may give any orders or instructions not expressly provided not expressly for by this Act: _ proviiJ»B frames, instrument covers, switch and fuse covers and boxes, and all lamp- holders. Unless efficiently protected by an earthed or insulating covering made of fire resisting material, and the frames and bedplates of generators, transformfers, and iiiiotors (including portable motors) shall be earthed by connection to an earthing system above ^otmd. (6) Where the cables ate jjrOvided with a metallic covering constructed and installed in accordance with Rule 14 («) silch metaUic covering may be lised as a means of connection to the earthing system. All the conductors of an earthing system shall have a conductivity at all parts and at all joints at least equal to 50 per cent, of that of the largest conductor used solely to supply the apparatus, a part of which it is desired to earth: provided that no conductor of an earthing system shall have a croSs-s'ectional area of less than No. 12 B. & S. gauge. (c) All, joints in earth conductors and all joints to the metallic covering of the cables shall be properly soldered or otherwise efficiently made and eveiy earth conductor shall be soldered into a lug for each of its terminal connections. No switch, fuse, or circuit breaker shall be placed in any earth conductor. 11. No pressure other than low or medium pressure shall be used in any^^^™"?*? mine underground. be^ed ° 12. Switchgear and aU terminals, cable ends, cable joints and, connections S^ntchgear, of apparatus shall be constructed and" installed so that — ' o \ corporate the name of the Village). (2) The Minister may from time to time alter the name of any village and notice of such alteration shall be published in The Alberta Gazette and in such case the seal theretofore used by any village shall continue to be the seal thereof until changed by the council. 17. For the purpose of defining boundaries of a village underload this Act, those sides of road allowances upon which monuments »^i°wanoe» or posts have been or may hereafter be placed under a survey made or to be made pursuant to The Dominion Lands Surveys Act, being chapter 21 of the Statutes of Canada, 1908, or any other Act of the Parliament of Canada heretofore or hereafter in force, relating to surveys, shall be the boundaries either of town- ships or of sections: Provided, however, that in the case of correction lines, the south side of the road allowance shall be the boundary and that the boundaries of all Indian reserves shall be the lines defining that side of the road allowance immediately next to such Indian reserve. 1265 1913 (1st Seas.) Village oounoils Qualifica- tionB of oouncillors Cap. 5 Disquali- fication VILLAGES THE VILLAGE COUNCIL. 18. Every village shall be governed by a council consisting of three members who shall be elected annually by a general vote of the electors in the maimer hereinafter provided. 19. The persons ehgible for election as comicillors shall be the male electors of the village, who can read and write, are British subjects or have not resided long enough in Canada to comply with the conditions of quaUfication by residence to be naturalized, but have made a statutory declaration of their intention to become naturalized as British subjects within six months: Provided that if any person making such declaration neglects or refuses to become naturalized as a British subject within above mentioned period, his seat in the council shall forthwith be vacated. The said declaration shall be in the following form: "Caitoidate's Declaration of Intention. " Canada Province of Alberta To Wit: "I, of in the Province of Alberta, (occupation) do hereby solemnly declare — "1. That I am not a British subject; "2. That I have not resided in Canada for a sufficient period of time to comply with the conditions of quaUfication by residence to be naturalized, but that it is my intention to become naturahzed aa a British subject as soon as the conditions of qualification by residence permit me to do so; "3. That I am in all other respects than naturalization ehgible and qualified for election as councillor of a village. "Aiid I mal^ this solemn declaration conscientiously beheving it to be true and knowing that it is of the same force and effect as if made imder oath and by virtue of The Canada Evidence Ad. "Declared before me at " in the Province of Alberta, this day of 191.... A J.P., N.P., or Comr., etc." 30. No paid official of a village, no person who has, or whose partner has an interest in any contract with or on behalf of the village, no person who has either alone or jointly with another person any claim or right of action against a village, and no person who, or whose partner is acting as counsel or solicitor in the prosecution of any claim, action, or proceeding against a village shall be qualified to be a member of the council thereof: Provided, however, notwithstanding ans^thing herein contained no person shall be disquahfied from being a member of the council of a village merely by reason of his being a shareholder in any incorporated company having contracts or other dealings with the village, or by reason of his having a contract with the village for 1266 VILLAGES Cap. 5 1913 (1st SesB.) the publication in a public newspaper of any advertisement, or of his having a lease of twenty-one years or upwards from the village of any property but no such leaseholder shall vote in the council on any question affecting any lease from the village, and no such person shall vote on any question affecting any company of which he is a shareholder. 31. If the first election in a village is held prior to the first day Term otomee of July in any year the councillors elected at such first election" """" "" shall hold office until the end of the then current calendar year, and if such first election is held subsequent to the first day of July in any year, such councillors shall hold office until the end of the calendar year next ensuing, and thereafter every member of the council shall hold office for one year. 33. Every member of the council and every other officer of ^f^^^JI**"" the village shall before entering upon the duties of his office, mabe and subscribe a declaration of office in the following form: "1, A.B., do solemnly promise and declare that I will truly, faithfully and impartially to the best of my knowledge and ability, execute the office (insert the name of the office) to which I have been elected (or appointed, as the case may be) in this village, and that I have not received any payment or remuneration or promise thereof for the exercise of any partiality, abuse or undue execution of the said office, and that I have not myself, nor has any partner of mine, either directly or indirectly, any interest in any contract with or on behalf of the said village (here insert if such is the case) except that arising out of the contract or the pubhcation of an advertisement in (here insert name of newspaper), a public news- paper — save and excepting that arising out of my office as (naming the offixx). So help me God." 33. The coimcil shall at its first meeting elect one of their Election of number as chairman, who shall be known as the reeve of the'°°^* village. 34. Every council, save as is hereinafter provided, shall hold Meetings of six meetings in each year at such times and places as may be fixed by resolution. Every meeting shall be open to the public but the person presiding at any meeting may cause to be expelled or excluded any person guilty of improper conduct at such meetii^: Provided that the first meeting of the council in each year shall be held on the first Monday in January, except when that Monday is a pubUc hoUday, in which case the meeting shall take place on the next subsequent day which is not a public hoUday: 1913 (2nd Session), c. 23, s. 2. Provided that any council elected after the first day of August in any year shall hold at least three meetings in that year. 35. A majority of the whole council shall be necessary to form Quorum a quorima and no business shall be transacted unless there be such a quorum present. 36. Every council may make rules and regulations, not contrary Rules of to law or to the provisions of this Act, for governing its proceed- p™"®^"* ings, calling meetings, appointing conmiittees, the conduct of its members during meetings and generally for the transaction of its business. 1267 1913 Cap. 5 VILLAGES (1st Sees.) to"vote°°^"°" ^'- Every member of the council present shall vote on every division unless excused by resolution of the coimcil or unless disqualified to vote under the provisions of this Act. Presiding officer Duties of reeve 38. The reeve shall preside at every meeting of the council and shall preserve order and enforce the rules of the council and in case of his absence from the meeting another councillor shk.ll be elected to preside at such meeting, and shall have the same authority as the reeve himself would have had, had he been present at the meeting. 39. The reeve shall be the chief executive officer of the village and it shall be his duty to be vigilant and active in causing the laws governing the village to be put in force and duly executed, to inspect the conduct of all village officers and so far as may be in his power to cause all negligence, carelessness and violation of duty to be duly prosecuted and punished and to communicate froih time to time to the council all such information' and to recoEomend such measures as may tend to' the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the village. Resignation 30. The reevc or any other councillor may resign, his position in the council at any time, or the reeve may resign his position as reeve while retaining his position as councillor, by sending notice in writing of such resignation to the secretary-treasurer, and every such notice shall be brought to the attention of the council at its next meeting and steps shall be taken immediately by the council to fill the vacancy. Filing vacancies 31. If after the election of any person as a member of the council, he is convicted of an offence, which under the provisions of The Criminal Code is pimishable with death or imprisonment for three years or over, or becomes insolvent ■within the meaning of any Act in force in the pro-vince, or assigns his property for the benefit of his creditors, or, if not a British subject, fails to become naturalized within the time prescribed by section 19 hereof, or if, without being authorized by a resolution of the council so to do, absents himself from the meetings of such councilfor three consecutive months, the seat of such member in the council shall forthwith become vacant. 33. If the position of reeve becomes vacant by death, resignar tion or otherwise, the council shall forthwith elect some person from among its number to fill the position for the unexpired portion of the term of the council. (2) If a seat in the council becomes vacant, by death, resigna- tion or otherwise the council shall forthwith appoint a returning officer to hold an election to fill the vacancy and such an election shall be held as nearly as may be in the manner provided by this Act for other elections; but if such vacancy occurs after the first day of November in any year such election shall not take place. (3) Should all the members of the council resign their seats the Minister may by order direct that an election for councillors be held, and appoint a returning officer and fix a day, hour and 1268 VILLAGES Cap. 5 1913 (iBt Sera.) place for holding the nomination meeting; and such election shall be held as nearly as may be, in the manner provided in this Act for other elections. 33. The Minister may at any time by order declare vacant Appointed the seat of any and every member of the council and such seats ''°™'" °" shall upon the making of such order be vacant. The Minister may in such case, or upon the refusal or neglect of the electors of any village to elect a council, appoint a person to be known as " The Official Reeve," who shall hold office during the pleasure of the Minister, or until a new council shall have been elected under this Act, and shall during his tenure of office have all the powers and authorities and be charged with all the duties and liabilities conferred or imposed upon the council or upon any member thereof, by this Act, or any Act or Ordinance in force in the province, or any rule or regulation made thereunder. Such official reeve shall be remunerated out of the funds of the village or otherwise as the Minister may determine. 1914, c. 8, s. 2. (2) Where an official reeve appointed under the provisions of this section dies after assuming office, or is unable through sickness or any other cause to discharge the duties of the office, or does not discharge such duties to the satisfaction of the Minister, the Minister may appoint some other person as official reeve who shall have the like powers and authorities and be charged with the like duties and liabilities as his predecessor in office. 1914, c. 8, s. 2. (3) Where an official reeve has been appointed, the Minister may appoint a returning officer to hold an election to elect a new council, and such election shall be held in the manner as nearly as may be, as other elections under this Act. 1914, c. 8, s. 2. 34. The first council of every village shall hold office from theDinE 39. Regulating the erection and repair of buildings and their Repair of distance from streets and lanes and preventing the erection of buddings wooden buildings or additions thereto and wooden fences in specified parts of the village, and prohibitiug the erection or placing of buildings other than with main walls of brick, iron, concrete or stone and roofing of incombustible material within defined areas of the village and regulating the construction and dimensions of chimneys and enforcing the proper cleaning of the 1279 1913 (1st Sess.) Cap. 5 VILLAGES Fire escapes Size of beams, etc. Fire protection Acquiring landed property Erection of buildings and fences Management of parks Cemeteries Regulating children at night Roads, bridges, etc. Acquiring parks, etc. same and authorizing the pulling down or removal at the expense of the owner thereof of any building or erection which may be constructed or placed ia contravention of any by-law prohibiting the maintenance or erection of any building used or to be used as a livery, feed or sale stable, blacksmith shop, laundry, implement warehouse, creamery or lumber, coal or wood shed in. such .parts of the village as the council may designate; 40. Providing for and regulating the construction and mainten- ance upon all buildings more than two storeys in height of a suiScient number of proper ladders, fire balconies and fire escapes; 41. Regulating the size and strength of walls, beams, joists, rafters, roofs, and other supports ia all buildings within the village; 42. Generally establishing such measures as the safety and welfare of the town may require for the prevention and extinguish- ment of fires; notwithstanding any other provisions of this Act; 43. Subject to the approval of the IVfinister acquiring any estate in landed property within or without the village for a public park, garden or walk or for exhibition grounds; and for the disposal thereof when no longer required for the' purpose or when the council of the village may deem it advisable to dispose of the same; and for accepting and taking charge of landed property within the village dedicated for a public park, garden or walk for the use of the inhabitants of the village; 44. The erection of buildings and fences for the purpose of such garden, walk or place for exhibitions as the council deems necessary; 45. The management of such park, garden, walk or place for exhibitions and building; ., 46. Purchasing, maintaining and controlhng a cemetery outside of the village and preventing the burial of the dead within the village: Provided that the Provisions of the Cemetery Ordinance shall apply mutatis mutandis to any cemetery so acquired; 47. {Repealed— 191B (2nd Session), c. 23, s. 9.) 48. Regulating the time at which children shall not be in a public place at night without proper guardianship, and the age or apparent age of boys and girls respectively under which they shall be required to be in their homes at the hours appointed; 49. Laying out, constructing, repairing and maintaining roads, streets, alleys, by-ways, bridges, culverts, sidewalks and any other necessary pubUc work in the interest and for the use of the village; 50. Subject to the approval of the Minister entering upon, taking, using and acquiring for the use of the village so much real property within or without the village as may be required for a village park, recreation ground, exhibition ground, nuisance ground, cemetery site or fire hall, making due compensation to the owners thereof; and in the event of such compensation not being mutually agreed upon by the parties concerned the amount thereof shall be determined by arbitration under The Arbitration Act, being chapter 6 of the Statutes of Alberta, 1909, or any Act passed in amendment or substitution thereof; and for disposing of such property when no longer required for the purpose of the village: Provided, however, that no expenditure of more than $300 shall be incurred for any such purpose in any one year; 1914, c. 8, s. 4. 1280 VILLAGES Cap. 5 1913 (let Sesa.) 51. Subject to the provisions of The Public Health ^c<, s^^^e™. «*"• construdting and controlling such sewers, drains and ditches within or without the bounds of the village as may be expedient to secure the proper drainage of the village and the disposal of the sewerage thereof; 52. Building, erecting, buying, leasing, controlling and operating ^a*^™"'^^' any waterworks plant, subject to the provisions of The Public Works Act; 53. Making provision for the supply of water for the village ^^^ or any portion thereof for irrigation or domestic piuposes; 54. Acquiring, erecting, estabUshing and operating skating skating^and^ rinks and curling rinks and acquiring land within or without the village for the purposes of the same; 55. Erecting lockups, weigh houses and municipal buildings; 56. Preventing the obstruction of the halls, aisles, passage ways, ^/^J'™^"^ alleys or approaches in any church, theatre, hall, or other place fn aWes, etc. of public meeting during the occupation of the same for a public assemblage; 57. Installing, maintaining and operating any ferry whereso- ''^"'^^ ever situated licensed under the provisions of The Public Works Ad, 58. The prevention of cruelty to animals. 64. No council of any municipality shall have power to grant Bonusing 1 xu -J J- J.- prohibited a bonus or any other aid to any person, company or corporation, for the construction, establishment, or operation of any manufac- tory, mill, railway, or any other business or concern whatever, either within or without the municipality. (2) To exempt from taxation any such manufactory, mill, railway or other business or concern nor to subscribe for stock in or to guarantee the bonds, debentures or other securities thereof. 65. The council of any village shall make due provision forViUageto the care and treatment of any person who is a resident of the^aion^or" village for at least thirty days who falls ill and who for financial ''^'^^ °' ^""^ reasons or otherwise is incapable of procuring the necessary medical attendance and treatment. (2) If any such person is admitted as a patient by any hospital Hospital which receives aid from the general revenue of the province the ™om THJiag*e board of such hospital may demand and collect from the council a sum not exceeding seventy-five cents per day for each days' actual treatment and stay of the patient in such hospital. 1913 (2nd Session), c. 23, s. 10. 66. Any such sums paid by the village to the hospital may be vuiage may recovered from the said patient by action or by distraint by the "'"'J?^'^' f™™ secretary-treasurer of the village or if deemed advisable it may be added to and form part of the taxes levied by the village against any land owned by the said patient and shall be collected in the same maimer as all other taxes, and the same penalties for nonpayment thereof may be collected, as in the case of all other taxes, and in the event of the death of the said patient the council may recover the amount of such taxes, including any such penalties, from his estate, if any. 1281 1913 (1st Sees.) Council may make agreement vith hospital Work may be done at expense of person in default Cap. 5 VILLAGES 67. Notwithstanding anything contained in the two next preceding sections the council of any village may if it thinks proper enter into an agreement with the board of any hospital whereby such board will imdertake to care for and treat such patients for such annual sum and subject to such conditions and restrictions as may be agreed upon. 68. When the council has authority to direct by by-law that any matter or thing shall be done by any person the council may also direct by the same or another by-law that in default of ite being done by such person such matter or thing shall be done at the expense of the person in default and the village may recover the expense thereof with costs by action in any court of competent jurisdiction or in like manner as municipal taxes. Quashing by-laws QTTASHING BY-LAWS. 69. Any elector of the village may apply to the judge upon motion to quash any by-law, order or resolution of the council in whole or in part for illegality; and the judge upon such motion may quash the by-law, order or resolution in whole or in part and may according to the result of the appUcation award costs for or against the village and may determine the scale of such costs. (2) Notice of the motion shall be served at least seven clear days before the day on which the motion is to be made. (3) The by-law, order or resolution may be proved by the production of a copy thereof written or printed without erasure or interlineation and under the seal of the village certified to be a true copy by the secretary and a member of the council; and the secretary shall deliver such copy upon payment of a fee therefor at the rate of ten cents for every hundred words. (4) Before any such motion is made the applicant or in case the applicant is a company some person on its behalf shall enter into a recognizance before the judge himself in the simi of $100 and two svireties each in the sum of $50 conditioned to prosecute the motion with effect and to pay any costs which may be awarded against the applicant. (5) The judge may allow the said recognizance upon the sureties entering into proper affidavits of justification and there- upon the same shall be filed in the District Court with the other papers relating to the motion. (6) In lieu of the recognizance mentioned in subsections (4) and (5) of this section the applicant may pay into court the sum of 1100 as security for any costs which may be awarded against him and the certificate of such payment into court having been made shall be filed in the District Court with the other papers relating to the motion. (7) Upon the determination of the proceedings the judge may order the money so paid into court to be applied in the payment of costs, to be paid out to the applicant in the discretion of the judge according to the result of the application. (8) All moneys required to be paid into or out of court under this section shall be paid in and paid out in like manner as moneys are paid into and out of court in actions pending in the said court. 1282 VILLAGES Cap. 5 1913 I (let Sess.) (9) No application to quash a by-law, order or resolution in whole or in part shall be entertained unless the application is made within two months from the passing of the by-law, order or resolution, except in the case of a by-law requiring the assent of the electors, where the by-law has not been submitted to or has not received the assent of the electors, in which case an application to quash a by-law may be made at any time. TO. Any by-law which has been procured to be passed through ^^'1^^° ^^ or by means of any violation of the provisions of sections 4 and c^r^rM 5 of The Controverted Munid-pal Elections Act may be quashed £^1^"' upon an appUcation made in conformity with the provisions^'' therein contained. 71. The title to all public roads, highways, streets and lanes Control of of any village shall be vested in the Crown and all such public ^^""pu^go roads, highways, streets and lanes shall be subject to the control places and management of the council of the village, subject to the provisions of section 7, chapter 10 of the Statutes of Alberta, 1906, being The Public Works Act. 1913 (2nd Session), c. 23, s. 11. 73. The Minister of Public Work,s shall at all times have the Powers of certain MinisteTS right to enter any village and every pubhc road, highway or other m?^°^° public place therein for the purpose of constructing, maintaining or repairing any public work,' as defined by The Public Works Act, and the Minister of Railways and Telephones shall have at all times the right to enter any village and every public road, highway or other public place therein for the purpose of con- structing, extending, erecting, maintaining or repairing any part of the government telephone or telegraph system, or systems or any appliance used in connection therewith, and for any or all of these purposes every public road, highway or other public place or that part or parts thereof on which such work is being carried on shall until such work is completed be under the direction, control and management of whichever of the said Ministers shall have charge of such work. 73. Every council shall keep in repair all bridges, roads, culverts D^igg „f and ferries and the approaches thereto which have been con-oouncUin structed or provided by the village, or by any person with theJolds'^*" permission of a council, or which if constructed or provided by the province have been transferred to the control of the council by written notice to that effect and in default of the council to keep the same in repair the village shall be liable for all damages sustained by any person by reason thereof. 1914, c. 8, s. 5. 74. No action shall be brought under the provisions of i^e:-^^^^^^^^^ next preceding section except within six months from the date of action " upon which the cause of action arose and unless notice in writing of the accident shall have been mailed to or served upon the secretary-treasurer of the village within one month after the date upon which the cause of action arose: Provided that in case of the death of the person injured or if the court or judge before whom the action is tried considers that there is a reasonable excuse for the want or insufficiency of such notice and that the defendants have not thereby been prejudiced in their defence, the want of notice required under this section shall be no bar to the maintenance of this action. 1283 1913 Cap. 5 VILLAGES (Ist Sess.) 75. On receipt of a resolution of the council, requesting him so to do, together with a petition in the form approved by the Minister from a majority of the electors, who are at the date of the petition resident within the village or within two miles of the boundaries thereof, in support of such resolution the signatures to which petition shall be verified by statutory declaration, the Minister may authorize the council to enter into a contract upon such terms as may be approved by the Minister with any person for the supply of water to the village for irrigation or domestic purposes by means or irrigation canals or otherwise and for the purpose of the distribution of such water, to employ a water-master and fix his remuneration. (2) Such petition shall be dated the first day of the month on which it is signed by the petitioners or by the first of such petitioners signing the same and every petitioner shall sign the same within thirty days after the date upon which the first petitioner signed same. The petition shall be in the following form: " To the Minister of Municipal Affairs for the Province of Alberta: "The petition of the undersigned showeth: " (1) That your petitioners are desirous that you should author- ize the council to enter into a contract with in the province of , on the terms set forth in the resolution of the council passed on the day of 19... " (2) That your petitioners constitute a majority of the electors of the village who are at the date of the petition resident within the village or within two miles of the boundaries thereof." Every such petition shall be accompanied by a statutory declaration in the following form: "I, of do solemnly declare^ — "1. That I am one of the petitioners above named; "2. That the said petitioners constitute a majority of the number of electors of the said village who are at the date of the said petition resident within the village or within two miles of the boundaries thereof; "3. That I was personally present and did see each of such persons sign the said petition; "4. That is the first of such petitioners to sign; "5. That each of such petitioners signed the said petition within thirty days after the date upon which the said first petitioner signed same. "And I make this solemn declaration, conscientiously beheving it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. "Declared before me at in the province of the day of 19 . A Commissioner, etc." powe°r^°^ '5'6- The minister on receipt of a resolution of the council requesting him so to do, together with a petition in a form approved by the Minister from a majority of the electors who are at the date of the petition resident within the village or within two 1284 VILLAGES Cap. 5 1913 (1st Sees.) miles of the boundaries thereof, in support of such resolution, the signatures to which petition shall be verified by statutory declaration, may authorize the council of the village to incur a debt on behalf of the village to an amount not exceeding ten per cent, of the value of the assessed land in the village as shown by the last revised assessment roll for any or all of the following purposes: (a) The construction of roads, bridges, ferries or sidewalks; (6) The purchase or other acquisition of any land, right- of-way, easement or other interest in any land for the use of the village for any purpose authorized by this Act; (c) The purchase, of fire engines, fire-halls and equipment; (d) The construction, alteration, operation or extension of any system of water-works or system of water purifi- cation or any common sewer or of any system of sewerage or sewage disposal or purification, subject to the pro- visions of The Public Health Ad; (e) The purchase, erection, improvement, alteration, extension or furnishing for the use of the village of any building, which the council is authorized by this Act to purchase, erect, improve, alter, extend or furnish; (/) For any purpose necessary and incidental to the proper accomphshment of the foregoing objects. (2) Such petition shall be dated the first day of the month on which it is signed by the petitioners or by the first of such petitioners signing the same and every petitioner shall sign the same within thirty days after the date upon which the first petitioner signed same. Such petition shall be in the following form : " To the Minister of Municipal Affairs of the Province of Alberta: "The petition of the undersigned showeth: " (1) That your petitioners are desirous that you should author- ize the council of the village to incur a debt on behalf of the village to an amount not exceeding (here insert briefly the purpose for which the debt is to be incurred) in accordance with the resolution of the council passed on the day of 19.... "(2) That your petitioners constitute a majority of the electors of the village who are at the date of the petition resident within the village or within two miles of the boundaries thereof." Every such petition shall be accompanied by a statutory declaration in the following form: "I, of do solemnly declare — " (1) That I am one of the petitioners above named; "(2) That the said petitioners constitute a majority of the number of electors of the said village who are at the date of the said petition resident within the village or within two miles of the boundaries thereof; "(3) That I was personally present and did see each of such persons sign the said petition; _ " (4) That was the first of such petitioners to sign same; "(5) That each of such petitioners signed the said petition within thirty days after the date upon which the said first petitioner signed same; 1285 1913 (lat Sen.) Cap. 5 VILLAGES "And I make this solenm declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. "Declared before me at in the Province of the day of 19. A Commissioner, etc." 77. The Minister may in writing, upon being satisfied that the several requirements of this Act have been substantially complied with, authorize the council to borrow by way of deben- ture the sum or sums of money mentioned in the by-law or any less sum; and notice of such authorization shall be published in The Alberta Gazette and such notice shall be conclusive evidence of the authorization of the loan and that all the acts and proceed- ings necessary or incidental to the obtaining of such sanction have been had or taken in the manner required by this Act and such authorization shall not be questioned for any cause in any court of law. Issue of debentures Form of debentures 78. Whenever the council of any village is authorized by the Minister to borrow any sum of money as provided by section 77 hereof the council may thereupon issue a debenture or debentures to secure the amount of the principal and the interest of the loan so authorized or of any less sum upon the terms specified in the by-law; and the debenture or debentures when signed by the reeve and secretary-treasurer of the village and sealed with the corporate seal thereof and the coupons thereto attached when signed by the reeve and the secretary-treasurer of the village, shall when the Minister or his deputy shall have countersigned the debenture as hereinafter provided be sufficient, notwithstanding anything in this Act to the contrary, to bind, the village and create a charge or lien upon all village property and rates and taxes in the village. 1913 (2nd Session), c. 23, s. 13. (2) The signatures on such coupons may be engraved or htho- graphed. (3) Every debenture issued by any' village may be. in the following form or to the like effect: "$ Debenture No "The Village of No promises to pay to the bearer at the at the sum of dollars of lawful money of Canada in equal consecutive annual instalments with interest at the rate of per centum per annum on the terms and in the amounts specified in the coupons attached hereto. "Dated this day of 19. . . . Reeve. Secretary-Treasurer. "(Corporate Seal). 1286 VILLAGES Cap. .5 1913 (Ist Sess.) " Coupons. "Coupon No Debenture No. . . . "The Village of No will pay to the bearer at the at on the day of 19 .... , the sum of dollars, being the instalment of principal with the total interest at the rate of per centum per annum due on that date on village debenture No ... . "(Corporate Seal). Reeve. Secretary-Treasurer." 79. Any debentures or coupons for the interest thereof issued Debentures under the provisions of this Act may be made payable in goldgiserent™ or its equivalent of lawful money of Canada or of Great Britain ato""'™"'^^ a bank to be named in any part of Great Britain, the United States of America or Canada. (2) Any debenture under this Act may be in any other form approved by the Minister or may provide for the payment of principal or interest secured thereby in any other manner approved by the Minister. (3) Debentures shall not carry interest at a greater rate than Rate of • 2. interest SIX per cent, per annum. (4) Debentures issued for the payment of the construction of JegSitoeB iron, steel or concrete bridges shall not run for a longer period than thirty years, and other debentures shall not, except as herein provided, run for a longer period than twenty years. (5) The secretary-treasurer shall open and keep a book to be Imown as the "debenture register". In the said book there shall be entered particulars of every by-law authorizing the issue of debentures and of all debentures issued thereunder and every debenture issued shall have written, printed or stamped thereon a memorandum signed by the treasurer with the proper particulars inserted therein in the following form: "Registered in the debenture register as niunber under by-law number this day of A.D. 19. ..." 1913 (2nd Session), c. 23, s 14. 80. The Minister or his deputy shall, if satisfied that the Debentures requirements of this Act have been substantially complied with^i^ter- and if the authority to make the loan has not been withdrawn, g^ Minister register and countersign every debenture issued under the ^ ™^ authority of this Act, and such countersigning by the Minister or his deputy shall be conclusive evidence that the village has been legally constituted and that all the requirements of this Act in respect to such loan and the issue of such debentures have been compUed with and the legality of the issue of such debenture shall be thereby conclusively established and its validity shall not be questioned by any court; but the same shall to the extent of the revenues of the village issuing the same be a good and indefeasible security in the hands of any bona fide holder thereof. 1913 (2nd Session), c. 23, s. 15. 1287 1913 (1st SesB.) Taxes to be levied rateably Exemptions Manner of assessment Cap. 5 VILLAGES VILLAGE ASSESSMENT AND TAXATION. [Note. — Sections 81-126 inclusive apply as though in force on 1st January, 1913. See sec. 160 infra.] 81. All village taxes shall be levied equally upon all rateable land in the village according to the assessed value of such land and it shall be the duty of the secretary-treasurer to make an assessment of such land in the village in the maimer hereinafter provided. 83. In every village all land shall be hable to assessment and taxation subject to the following exemptions: 1. The interest of the Crown in any land, including any land held in trust for the Crown; 2. Land specially exempted by law or held for the pubhc use of the Province of Alberta; 3. All lands held by or in trust for the use of any tribe of Indians; 4. If any land mentioned in the last three preceding clauses is occupied by any person, otherwise than in an official capacity, the occupant shall be assessed therefor in the same manner other than being described as "occupant" instead of "owner" as if he were the owner of such lands; 6. The land upon which there is erected any building used for church purposes and not used for any other purpose for hire or reward and the lands attached to or bona fide used in connection therewith, not exceeding one-half acre; 6. The land not exceeding four acres and attached to or other- wise bona fide used in connection with and for the purpose of every school established under the provisions of The School Ordinance or any Act passed in amendment thereof or substitution therefor; 7. The land belonging to the village and used only for village purposes; 8. The land vested in any library board established under the provisions of The Public Ldbraries Act, being chapter 17 of the Statutes of Alberta, 1907, or any Act passed in amendment or substitution thereof; 9. The land used by agricultural societies organized under The Agricultural Societies Ordinance, or any Act passed in amendment or substitution thereof; 10. The land attached to and used in connection with any hospital which receives aid from the province under the provisions of The Hospital Ordinance, or any Act passed in amendment or substitution thereof; 11. The land used for a public cemetery, not exceeding twenty- five acres. 83. Land shall be assessed at its actual cash value as it would be appraised in payment of a just debt from a solvent debtor, exclusive of the value of any buildings thereon or of any othet increase in the value thereof caused by any other expenditure of labour or capital thereon. (2) If the value at which any land has been assessed appears to be more or less than the true value, the amount of the assess- ment shall nevertheless not be varied on appeal if the value at which such land is assessed bears a fair and just relation to the value at which other lands in the immediate vicinity thereof are 1288 VILLAGES Cap. 5 1913 (1st Sees.) (3) Whenever two or more persons are as business partners ^°™*^g joint tenants, tenants in common or any other kind of joint interest the owners of any land liable to taxation hereunder the name of each such person shall be entered on the assessment roll in respect of his interest in said land; always providing that the qualification of each joint owner shall be equal in value to that of the lowest sole owner on the assessment roll. 84. The secretaiy-treasurer shall complete his assessment roll S^e^mlnt' as soon as possible in each year but not later in any event thanrou the thirty-first day of May and shall prepare an assessment roll, which shall set out as clearly as may be — (a) The name of the "owner" and in case the land is exempt from taxation under this Act, the name of the "occupant" thereof and the post ofiice address, if known, of any such owner and occupant; (6) A brief description of each such lot or parcel of land, the number of acres which it contains, the nature of the interest therein of each person assessed in respect thereof and the assessed value of such interest. (2) Such assessment roll shall be in such form as may be from time to time prescribed by the Minister. 85. It shall be the duty of every person whose land is assessable J^be^^re™ to give to the assessor all information necessary to enable him assessor to make up the roll; but no statement made by any such person shall bind the assessor or shall excuse him from making inquiry as to its correctness. (2) Any person who refuses upon demand to give such infor- mation to the assessor or wilfully furnishes to the assessor false information shall be liable on sxnnmary conviction to a penalty not exceeding |10. 86. If the name of the owner or occupant of any property Unoccupied in the village be not known and cannot be ascertained by the'^'"'' secretary-treasurer, the assessment notice shall be posted up in three conspicuous places in the village, one of which shall be the post office and such posting shall be considered good and sxifficient service thereof. 87. If any assessor makes fraudulent assessment or wilfully Penalty for or fraudulently inserts in the assessment roll the name of anyroii ""^ person who should not be entered therein or wilfuUy or fraudu- lently omits the name of any person who should be inserted therein or wilfully neglects any duty required of him by this Act he shall be liable to a penalty not exceeding $100. 88. Upon the completion of the assessment roll the secretary- Maiung of treasurer shall forthwith personally deliver or mail to each person""*'™^ a notice of his assessment and the entry of the date of the mailii^ of such notice followed by the ini.tials of the assessor shall be prima fade evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the assessor and the absence of such date and initials shall be prima fade evidence that the person's address is unknown. 1914, c. 8, s. 6. 1289 1913 (1st Sess.) Cap. 5 VILLAGES Form of notice of 89. The assessor shall also within two weeks after the comple- tion of the said roll post up in at least three conspicuous places within the village, one of which shall be the post office, if there be a post office within the village, a notice in the following form : "ViUage of No Assessment Roll, 19 ... . "Notice is hereby given that the assessment roll of the Village of for the year 19. . . . has been prepared and is now open for inspection at the office of the secretary-treasurer of the village from ten o'clock in the forenoon until four o'clock in the afternoon on every day not a public hoUday except Saturday (and on that day from ten o'clock in the forenoon until twelve o'clock noon) and that any ratepayer who desires to object to the assessment of himseK or any other person must within twenty days after the date of this notice lodge a complaint in writing with the secretary-treasurer of the village. "Dated this , day of 19. . . . Secretary-Treasurer." 90. Every notice of assessment given as provided in section 88 hereof shall be in such form as may be prescribed from time to time by the Minister; and every such notice shall contain a state- ment of the last date upon which complaints may be lodged with the secretary-treasurer as fixed by the pubUc notice given under section 89 hereof. Irregularity not to invalidate Complaints against assessment Council to be court of revision Duties and power of secretary- treasurer 91. No assessment shall be invaUdated by reason of any error, omission, or misdescription in any assessment notice or by reason of the non-transmission thereof or non-receipt of such notice by the person to whom it was addressed. 93. If any person thinks that he or any other person has been wrongly assessed or assessed too high or too low or that his name or the name of any other person has been wrongly inserted in or omitted from the roll he may within the time limited as afore- said lodge a complaint with the secretary-treasurer of the village and every such complaint shall contain a post office address to which any notice required may be sent to the complainant. 93. The council of the village shall be the court of revision to hear assessment appeals and the secretary-treasurer shall attend such court and shall be the clerk and secretary of the council sitting as a court of revision. 94. The secretary-treasurer, at least ten days before the date fixed by the council for holding its sittings as a court of revision, shall notify each person who is affected or may be affected, by any appeal, to be heard by such court of revision, of the time, hour and place of such sittings; and the secretary-treasurer shall have power to issue a summons to any person to attend the court of revision as witness and if any person so summoned having been tendered compensation for his time at the rate of $1 per day and mileage at the rate of ten cent^ per mile (both ways) where a railway is not available, or actual railway fare (both ways) where a railway is available, disobeys such summons he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50. 1290 VILLAGES Cap. 5 1913 (1st Sees.) (2) The appeals shall be heard as far as possible in the order^^eaistobe in which they stand upon the said list; but the council may order adjourn or expedite the hearing of any appeal. (3) If the appellant or any other person whose assessment iSappeuknt"' affected or may be affected by the result of the appeal fails to not appear in person or by an agent the council may proceed in jjis°^''*^=*^ absence. 96. It shall not be necessary to hear upon oath the complainant Evidence of or assessor or the person complained against except where theSorno't council deems it necessary or proper or where the evidence of the^^^^^'^y person is tendered on his own behalf or is required by the opposite party. (2) All oaths necessary to be administered to witnesses giving evidence before the council may be administered by any member of the council hearing the appeal. 96. All the duties of the coimcil as a court of revision shall Completion be completed by the first day of September and no appeal to the ^ coirt of council shall be heard after that date except as provided in section revision 94 hereof. 97. The council sitting as a court of revision shall have power Powers of to alter and amend the roll as it may deem proper and the roll""""""^ so amended shall be the assessment roll of the village; provided, however, that there shall be a right of appeal from any decision of the court of revision to a judge. 98. An appeal to a judge shall lie not only against the decision Appeal to of the court of revision on an appeal but also against the omission, '^^^ neglect or refusal of the said court to hear or decide an appeal to it. (2) On hearing of any such appeal if it is made to appear to the judge that land situated in any village school district but outside the hmits of the village municipality has been assessed at a higher relative value than land within such municipality he may order that a percentage of reduction be made in the assessed value of all lands so situated outside the limits of such municipaUty so that justice may be done in the school district as between the ratepayers inside and outside the limits of the village municipaUty. The judge shall have further power upon the hearing of any such appeal if he is of the opinion that the assessment is so inequable that substantial justice cannot be done by adjusting the assessment in such cases as are then on appeal before him or by means of the exercise of the powers hereby conferred in the next preceding section, he may order that the assessment be quashed and that new assessment be made. 99. The person appealing shall in person or by his agent NoWoe of serve upon the secretary-treasurer of the village personally within °'^''®*' eight days after the decision of the court of revision or before the nth day of September in any year in case of an appeal from the omission, neglect or refusal of the said court of revision to hear or decide an appeal to it, a written notice of his intention to appeal to a judge. 100. The secretary-treasurer shall immediately after the time List of limited for filing notices of appeal forward a Ust of the same °'''''^*'' 1291 1913 (1st Sess.) Cap. 5 VILLAGES to a judge and such judge shall fix a day and place for the hearing of such appeals. Immediately upon the judge fixing the day for hearing such appeals the secretary-treasurer shall give notice in writing to all parties interested in thesaid appeals respectively of the time and place fixed by the judge for the hearing of the same. 1914, c. 8, s. 7. Notice of hearing Secretary- treasurer to be clerk Time for giving judgment Proceeding at hearing of appeal 101. The secretary-treasurer shall cause a conspicuous notice to be posted up in his office containing the names of all the appellants and parties appealed against with a brief statement of the ground or cause of appeal together with the time and place at which a court will be held to hear appeals. (2) The secretary-treasurer shall be the clerk of such court. 103. At any court so holden a judge shall hear the appeals and may adjourn the hearing from time to time and defer judg- ment thereon for a period not exceeding one month from the date of the hearing of such appeal. 103. At the court to be holden by a judge to hear the appeals the secretary-treasurer of the village shall appear and produce the assessment roll and all papers and writing in his custody connected with the matter of appeal, and such roll shall be altered and amended according to the decision of the judge, if then given, who shall write his initials opposite any part of the said roll in which any mistake, error or omission is corrected or supplied; and if the decision is not then given the secretary-treasurer of the village shall when the same is given forthwith alter and amend the roll according to the same and shall write his name opposite every such alteration or correction. (2) In all such proceedings the judge shall possess all such powers for compellihg the attendance of and for the examination on oath of all parties whether claiming or objecting or objected to, and all other persons whomsoever and for the production of books, papers and documents and for the enforcement of his orders, decisions and judgment as belong to or might be exercised by him in the district court. Process Costs 104. All process or other proceedings in, about or by way of appeal may be entitled as follows: "In the matter of appeal from the court of re-vision of the Village of "Between: "A.B., "Appellant, "and "CD., "Respondent." 105. The costs of any proceedings before a judge as aforesaid shall be paid by or apportioned between the parties in such manner as the judge thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the district court or in the same manner as upon an ordinary judgment for costs in such court. 1292 VILLAGES Cap, 5 1913 (1st Sub.) Amount coats 106. The costs chargeable or to be awarded in any case shall ^j' be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allowance in the District Court for such costs; and in case where execution issues the costs thereof as in the like court and of enforcing the same may be also, collected thereunder. 107. If at any time before the fifteenth day of October it beCouncU discovered that any person liable to assessment is not assessed ^^cStion*"^ or that there is any error in any of the particulars contained in*"™" the assessment roll the council may direct the secretary-treasurer to enter the name of such person on the roll or to correct the error and every such entry or correction shall be dated and initialled by the secretary-treasurer. 108. In the event of any such addition to or correction of the roll without the knowledge or consent of the person or persons affected thereby a notice as required by section 88 hereof shall be mailed by registered post to the post office address of such person or persons by the secretary-treasurer; and every such person shall be given every reasonable opportunity to complain or appeal against the said assessment; and all complaints and appeals so made shall be heard and determined as nearly as may be in the manner provided by this Act. 109. When the roll is finally completed the secretary-treasurer shall over his signature enter at the foot of the last page of the roll the following certificate filUng in the date of such entry: "Roll finally completed this day of 19...."; and the roll as thus finally completed and certified to shall be valid and bind all parties concerned subject to amendment on appeal to the coiu't of revision and to further amendment on appeal to the district court judge, notwithstanding any defect or error committed in, or with regard to such roll or any defect, error or misstatement in any notice required by this Act or any omission to deliver or to transmit any such notice. 110. A copy of the roll or of any portion thereof written or printed without any erasure or interlineation and under the seal of the village certified to be a true copy by the secretary-treasurer shall be received as prima fade evidence in any court of justice without the production, of the original assessment roll. TAXATION. 111. The council of every village shall as soon as practicable Estimates in each year prepare in detail an estimate of the probable expenditures of the village for the year and such estimate shall include the sum or sums required to repay any temporary loan or to meet and debenture coupons which may fall due during the year. 113. Upon the completion of the said estimates the secretary- Levy of treasurer shall' lay before the council the revised assessment roll™*° of the village for the year certified to as provided by section 109 hereof and the council shall by resolution authorize the 1293 1913 (1st Sess.) Cap. 5 VILLAGES School rates secretary-treasurer of the village to levy upon all lands entered in the said roll such tax at a uniform rate on the dollar as shall be deemed sufficient to meet the said estimate and expenditures; and in fixing the said rate the council shall make due allowance for the nonpayment of taxes. 113. The uniform rate of taxation to be authorized by the council as provided in the next preceding section shall not in any one year exceed twenty mills on the dollar (exclusive of deben- ture rates) upon the total value of the assessable land shown on the last revised assessment roll;, provided, however, that the council of any village which has issued debentures or entered into a contract for the supply of water for irrigation or domestic purposes, under the provisions of this Act, may, in addition to such maximum rate, impose such additional rate as may be necessary to meet any payments accruing due during the year on account of such debentures, or to pay the rental due under any contract for the supply of water to the village for irrigation or domestic purposes. (2) In the event of the tax payable on any lot or portion, of land under this section for the purposes of the municipality being less than 50 cents the tax to be entered in the roll as payable for such purposes shall be 50 cents. 1914, c. 8, s. 8. (3) {Repealed— 19U, c. 8, s. 8.) 114. All school taxes shown to be outstanding on the tax roll of the village after the 31st day of December, 1914, shall on and after that date be payable only to the school board of the village school district and may be colliected by such district in all respects as though they were originally due to such district and the secretary-treasurer of the village shall prior to the 15th day of January, 1915, furnish the secretary-treasurer of the school district with a return showing all such taxes and the secretary-treasurer of the village shall at the same time pay over to the secretary-treasurer of the school district all moneys on hand to the credit of the said school district. 1914, c. 8, s. 9. 115. (Repealed— 19U, c. 8, s. 10.) 116. (Repealed— 19U, c. 8, s. 11.) tax notice 117, The sccrctary-treasurer shall mail to each person whose name appears on the assessment roll and to the address shown therein notice of the amount of taxes due by such person in respect of the lands for which he is assessed, which notice shall be in the form from time to time prescribed by the Minister and the entry of the date of mailing each such notice followed by the initials of the secretary-treasurer on the roll shall be prima fade evidence of the mailing of the notice on the date entered without proof of the appointment or signature of the secretary- , treasiuer and the absence of any entry of such date and initials shall be prima facie evidence that the person's address is unknown. 1914, c. 8, s. 12. Sale upon which taxes deemed to be due 118. All taxes levied under the provisions of this Act, except as otherwise herein provided, shall be deemed to be due on the 1294 VILLAGES Cap. 5 1913 (lat Sees.) first day of January in the year in which they are imposed and shall be payable at the office of the secretary-treasurer of the village. 119. The taxes accruing upon or in respect of any land in the Taxes to be village shall be a special lien upon such land having priority over ^^'"™*'»^ any claim, lien, privilege or encumbrance thereon except claims of the Crown. 130. In the event of any taxes remaining unpaid after the Penalties thirty-first day of December of the year for which the same arepaym^t levied there shall be added thereto by way of penalty a sum equal to five per centum of the amount of taxes remaining unpaid and in the event of any taxes or any part thereof remaining unpaid on the first day of July next following there shall be added thereto by way of penalty an additional sum equal to five per centum of the amount of such taxes at that date remaining unpaid and the same additional percentage shall be added thereto in the same manner upon any taxes remaining unpaid half yearly upon the first days of January and July in each year following; and such amount or amounts so added shall form a part of the taxes which are by the provisions of this Act created a special lien upon the land. Nothing in this section contained shall be construed to extend the time for payment of the said taxes nor in any way to impair the right of distress or any other remedy provided by this Act for the collection of the said taxes. 131. The secretary-treasurer shall enter with the date of receipt secretary- all amounts paid to him for taxes on the assessment roll opposite *^^^"^^*° the lot or parcel of land for which such payment is made and he of receipt shall issue an official receipt for every such payment in such form as may from time to time be approved by the Minister. 133. The secretary-treasurer shall upon the written request How taxes of any person assessed who pays only a portion of the taxes ducOTldited* by him credit such person in the assessment roll as having made such payment on account of such taxes as such person shall select; provided that if arrears of taxes are due by such person the taxes received shall first be appUed in payment of such arrears. 133. In case any person only pays a portion of the taxes due Arrears to by him and such person does not as provided in the next preceding gJ^J^'* section signify the maimer in which such taxes are to be applied the secretary-treasurer shall first apply such taxes in payment of any arrears due by such person and the remainder (if any) of the taxes so paid shall be applied in payment of the taxes levied for the current year as the secretary-treasurer may direct. 134. In case any person fails to pay the taxes assessed against ^'/^l^ him within thirty days from the maihng of the tax notice provided for herein the secretary-treasurer may by himself or his agent levy the same with costs by distress in the same manner as a landlord may recover rent in arrears: 1. Upon the goods or chattels wherever found within the village belonging to or in the possession of the owner or occupant of the land whose name appears on the roll and who is hereinafter called "the person taxed"; or 1295 1913 (1st Sesa.) Cap. 5 VILLAGES 2. Upon the interest of the person taxed m any goods foiind on the land including his interest in any goods to the possession of which he is entitled under a contract for purchase or under a contract by which he may become the owner thereof upon per- formance of any condition; or 3. Upon any goods or chattels wherever found in the village of the owner of the land although the name of such owner does not appear upon the roll; or 4. Upon any goods and chattels on the land where the title to such goods and chattels is claimed in any of the ways following: (a) By virtue of an execution against the person taxed or against the owner though his name does not appear on the roll; or (b) By purchase, gift, transfer or assignment from the person taxed or from such owner whether absolute or in trust or by way of mortgage or otherwise; or (c) By the wife, husband, daughter, son, daughter-in-law, or son-in-law of the person taxed or of such owner or by any relative of his in case such relative live on the land as a member of the family; or (d) By virtue of any assignment or transfer made for the purpose of defeating distress. (2) The secretary-treasurer shall by advertisement posted up in at least three widely separated conspicuous places in the village give at least ten days' pubhc notice of the time and place of sale and the name of the person if known for payment of whose taxes the property is to be sold and at the time named in the notice the secretary-treasurer or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes due with all lawful costs, including $2 for posting notices. (3) If the property distrained has been sold for more than the amount, of taxes and costs and if no claim to the surplus is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (4) If the claim is contested such surplus money shall be paid over by the secretary-treasurer to the clerk of the District Court for the judicial district within which such village is wholly or partly situated. 135. Any taxes or arrears of taxes due to the village or levied by it may be recovered by suit in the name of the village as a debt due to the village; in which case the assessment roll shall be prima facie evidence of the debt. (2) For the purposes of this section all taxes shall be deemed to be due on the day on which the tax notices provided by this Act were mailed as shown by the assessment roll. ot^aSr"* ^^®- ^^^ ^^'^^^ due on any land included in a village but which between . may hereafter be withdrawn therefrom and comprised within mumoipahties ^he limits of a city, town, another village or rural municipahty shall remain as taxes due to such village; and for the purposes 1296 VILLAGES Cap. 5 1913 (1st SesB.) of the collection of such taxes the said land shall be deemed to be in the village and all the provisions of this Act with respect to the collection of such taxes shall apply. FORFEITURE OF LAND FOR NON-PAYMENT OF TAXES. 137. The secretary-treasurer of every village shall during the The Tax month of January in each year prepare a separate statement tORetStn™™* be blown as "The Tax Enforcement Return"; and the secretary- . treasurer shall enter in such return the following information in the columns provided for the purpose: 1. The name and post oflBce address of each person whose name appears on the last revised assessment roll of the village and who has not paid all taxes due by him to the village for the year next preceding the preparation of the said return or for any previous year. 2. A description of each lot or parcel of land for which each such person is assessed and the value "thereof. 3. A statement of the taxes due by each such person on each lot or parcel of land for which he is assessed including the taxes of the next preceding year and showing the year for which all such taxes were levied. 138. When duly prepared as provided in the next preceding section the secretary-treasurer shall submit the tax enforcement return to the auditor of the village who upon auditing the same and upon being satisfied that the said return is correct shall endorse thereon the following statutory declaration: " I, , auditor of the Village of No , hereby solemnly declare that I have audited the above return and that to the best of my knowledge and belief it is correct in every particular. "And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act: "Declared before me at this day of 19.... "Auditor. "A Commissioner, J. P., or N.P." 139. The said return as thus verified by the auditor of theRetumas village shall for all purposes be prima facie evidence of the validity ^^^™^°^^. of the assessment and imposition of the taxes as shown therein of taxes, etc. and that all steps and formalities prescribed by this Act have been taken and observed. 130. The lands shown on the said return shall continue liable Lands on to assessment and taxation in the same manner as other lands iucoSSue the village unless and until they become vested in the village as Jja^^'^^ent hereinafter provided and the secretary-treasurer shall continue to collect arrears of taxes due to the village as shown by the said return and all taxes accruing due after such date, including any penalties imposed under the provisions of section 120 hereof, and upon receipt of any such payment he shall enter in the return the amount paid followed by his initials and the date of payment. 1297 1913 (1st Sess.) Court of Confirmation Cap. 5 VILLAGES Notice of court Redemption Proceedings at Court of Confirmation 131. On the application of the secretary-treasurer of the village or some solicitor authorized by the council to a judge, such judge may appoint a time and place for the holding of a court of confir- mation of the said return notice of which shall be published in every issue of The Alberta Gazette for two months and once each week for at least eight consecutive weeks in such newspaper pubUshed in the vicinity of the lands entered on the said return as shall be named by the judge. 133. A notice of the time and place fixed for confirmation of such return shall be mailed by registered post by the secretary- treasurer of the village at least sixty days prior, to the time so fixed to each person who appears by the records of the land registration district within which the lands lie or by the said return to have any interest in the lands mentioned in the said return in respect of which confirmation is desired and whose post oflSce address is shown by said records or return; and the entry against such lands in the said return of the date of mailing such notice together with the signature or initials of the treasurer shall without proof of the appointment or signature or initials of the secretary-treasurer shall be prima fade evidence that the required notice was duly mailed on the date so entered. Such notice shall be in the following form: "Take notice that His Honom' Judge , judge of the District Court of the District of has appointed the day of at his chambers in the Court House in the of for the holding of a Court of Confirmation of the Tax Enforcement Return of the Village of for the year 19 ... . and that you appear to be interested in certain lands included in the said tax enforcement return. Namely: (here insert description of land in which person to whom notice is sent appears to be interested)." 133. If after the date for confirmation has been fixed as provided for by section 131 hereof but before the court of confirmation has been held any person interested in any parcel of land contained in the return presented to the judge for confirmation desires to pay the taxes due upon such land as shown by the said return, such person may do so on condition that he pays in addition thereto the amount chargeable against such parcel of land for costs of application to the judge, advertising, ' postage and all other expenses in connection with such proceedings; and any sum so paid shall form part of the general revenue of the village. 1914, c. 8, s. 13. 134. At the time and place appointed as hereinbefore provided the judge shall hear the application and also any objecting parties and the evidence adduced before him under oath and thereupon adjiidge and determine whether or not the taxes imposed respectively upon each lot or parcel of land included in the tax enforcement return were either wholly or in part in default and report the adjudication to the secretary-treasurer of the village and shall also confirm the said return as to those lands on which any taxes are determined to be in arrears naming the amoxmt of such arrears and adding thereto a reasonable amount for the 1298 VILLAGES Cap. 5 1913 (1st Sess.) expenses of advertising, postage and other work in connection with the tax enforcement return together with such sums as he may fix for costs of the application; and the effect of such adjudi- cation when registered as hereinafter provided shall be to vest in the village the said land free from all liens, mortgages and encumbrances of every nature and kind • whatsoever, subject, however, to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudi- cation by the payment to the secretary-treasurer of the village of the amounts named including expenses as aforesaid together with any taxes which may have accrued on the said land since the date of such adjudication including any penalties imposed under the provisions of section 120 hereof. 1914, c. 8, s. 14. (2) In the event of any person successfully opposing confir- mation of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the village. (3) A copy of such adjudication certified by the secretary- treasurer shall be forwardied by registered mail to the registrar of titles of the land registration district in which the lands named in the adjudication or any of them are situated; and it shall be the duty of the registrar to register the same against the lands therein named. (4) A copy of such adjudication shall also be sent by registered mail to the persons to whom by section 130 hereof notice of the time and place fixed for confirmation of the return is required to be sent and such persons or any of them shall be entitled to redeem the lands as hereinafter provided. (5) The secretary-treasurer of the village shall after the expir- ation of ten months and before the expiration of eleven months from the date of such adjudication cause to be pubUshed in The Alberta Gazette' and also in a newspaper published within the village, or in a newspaper having a circulation therein a notice stating that the land named therein has been forfeited for non- payment of taxes and stating the time at which the period of redemption provided by law will expire and shall also not less than thirty days and not more than sixty days before the time at which the period of redemption provided by law shall expire, mail a hke notice to each person who appears, by the records of the land titles office for the land registration district within which such land is situated, to have any interest therein. Such notice shall be in the following form: "Take notice that the tax enforcement return of the village of was confirmed -in respect of the herein described lands by the court of confirmation held at on the day of 19 .... , and unless such lands are redeemed on or before the day of . . , 19 .... , the same will be absolutely forfeited for non-payment of taxes. "Dated this day of 19 ... . " Secretary-Treasurer of the ViUage of "You appear to be interested in the following lands (here insert the description of the land). "The amount required to redeem this parcel is $ made up as follows: 1299 1913 Cap. 5 VILLAGES (Ist Sess.) "The amount due as shown by the tax enforcement return is $. "Taxes accrued since that date $. "Expenses of advertising, etc $. "Costs and redemption fees . . . .f . Ster"*"'"" 1^^- When the taxes on any parcel of land accruing due both confirmation beforc and after the tax enforcement returns, together with the expenses, costs and redemption fee provided for in section 134 hereof have been paid to the secretary-treasurer within one year from the date of the said adjudication the secretary-treasurer shall issue to the person paying the taxes a certificate in the form following verified by an affidavit of execution in the form following which certificate shall on presentation to the registrar of the land registration district in which the lands nanied are situated be registered by him free of charge and the said certificate when so registered shall discharge and release the said land from the said adjudication and the effects thereof. "The Village Act. "Certificate of Redemption. "This is to certify that the following lands, viz.: " as to which an adjudication under the provisions of The Village Act bearing date the day of was made by His Honour , Judge of the District Court of the Judicial District of in the Province of Alberta, have been, under the provisions of the said Act, redeemed and the said lands are therefore discharged and released from the said adjudication and the effect thereof. "Dated at this day of 19 "Witness " "Affidavit of Attestation. "Canada "Province of Alberta "To Wit: "I, of , in the Province of Alberta, (occupation), make oath and say: "1. That I was personally present and did see named in the within instrument who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein. "2. That the same was executed at the of in the Province of Alberta, and that I am the subscribing witness thereto. " Sworn before me at of ... in the Province of of Alberta, this day of A.D. 19 "A J.P., Comr., or N.P., {or as the case may be)." 1300 VILLAGES Cap. 5 1913 (1st SesS') r 136. If after the expiration of one year from the date of the issue of said adjudication the taxes which had accrued due to that datSoftMrto both before and after the date of adjudication together with any ^'"aee penalties imposed under the provisions of this Act and the expenses and redemption fee herein' provided have not been paid to the secretary-treasurer the registrar on the written appUcation of the secretary-treasurer shall issue a certificate of title under the provisions of The Land Titles Act in favour of the village freed from all hens, mortgages and encumbrances of every nature and kind whatsoever. Such application shall be in the following form: "To the Registrar of the Alberta Land Registration District: "The Village of hereby makes application to be registered as owner of (here insert full description of land), being land as to which tax enforcement return of the said village was confirmed at the Court of Confirmation held on the day of .and which has not since that date been redeemed. "Dated this :day of 19 " Secretary-Treasurer of the Village of " Each such application shall be accompanied by an affidavit of the secretary-treasurer or reeve of the village in the following form: "In the matter of The Village Act and in the matter of an apphcation of the Village of for the issue of a certificate of title to {here insert a description of land). "I, _ of the Village of in the Province of , make oath and say : "1. That I am secretary-treasurer of the Village of and have knowledge of the matters referred to herein. "2. That at the Court of Confirmation held at. . . . ... on the day of , the tax enforce- ment return of the said village was confirmed in so far as the tax enforcement return affects the land referred to in the annexed apphcation. "3. That a copy of the notice hereto annexed, marked Exhibit 'A' to this my affidavit was, after the expiration of ten months and before the expiration of eleven months published in The Alberta Gazette and also in the (here insert the name of the news- paper), a newspaper published in the Village of or having a circulation in the Village of {as the case may be). "4. That a like notice and also statement showing the amount required to redeem the lands was sent to each person who appeared to have any interest in any such lands not more than sixty nor less than thirty days before the expiration of the period limited for redemption. "Sworn before me at in the Province of Alberta, the day of A.D. 19 "A Commissioner, etc., in and for Alberta." 1301 1913 (1st SesB.) Forfpited land may be dealt with subject to the approval of the Minister Cap. 5 VILLAGES 137. (Repealed— 19U, c. 8, s. 16.) 138. Any lot or parcel of land which becomes the property of the village in the manner hereinbefore provided may, subject to the approval of the Minister be sold, leased or otherwise disposed of, by the council of the village on such terms and conditions as it may fix. (2) Where any land has been sold under the provisions of this section any balance remaining after the payment of all taxes, costs, charges, and expenses up to and including the date of such sale, shall be paid by the village to the person as against whom such land was forfeited and such person may sue for and recover such amount in any court of competent jurisdiction. 1914, c. 8, s. 17. PENALTIES. Penalties How penalties enforced Disposition of fines or penalties Frooedure 139. Any secretary-treasurer or other officer of a village who refuses, neglects, or fails to discharge the duties of his office or who knowingly signs any false statement, report or return required by this Act, or any other enactment in force in the province, or who refuses, or neglects to hand over to his successor in office or such persons as may be designated in writing to him by the council or by the Minister all moneys, books, papers and other property of the village in his possession in addition to any civil liability which he may incur, shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $50. 139a. The council may by by-law — 1. Impose a penalty not exceeding $100.00 exclusive of costs for breach of any provision of any by-law and provide for a reasonable punishment by imprisonment with or without hard labour in the nearest common jail for any period not exceeding sixty days in case of nonpayment of the fine and costs infficted for any such breach unless such fine and costs including the costs of committal are sooner paid; 1915, c. 17, s. 2. 2. And enact that in case the conviction be for the nonpay- ment of any license fee payable to the village under the pro- visions of any by-law of the village the convicting justice may adjudge payment thereof in addition to the penalty. 1915, c. 17, s. 2. 140. All fines, penalties, and forfeitures mentioned in this Act may be recovered and enforced with costs on summary conviction before a justice of the peace unless otherwise provided. 141. All moneys accruing from fines or penalties under this Act otherwise than from violations of village by-laws shall imless otherwise provided belong to the general revenue fund of the Proviace of Alberta. (2) All fines and penalties accruing from violations of village by-laws shall, unless otherwise provided, belong to the vUlage and form part of its general revenue fund. 143. Where duties, obligations or liabiUties are imposed by law upon any person, company or corporation or where contracts or agreements are or have heretofore been created, enacted or 1302 VILLAGES Cap. 5 1913 (Ist Sesa.) validated, by any Statutes imposing such duties, obligations or habUities the village shall have the right by action to enforce such duties or obligations and the payment of such liabilities and to obtain as complete and full relief and to enforce the same remedies as could have been maintained, obtained and enforced therein by the Attorney General had he been a party to the said action as plaintiff or a plaintiff upon the relation of any person interested. 143. In case a by-law, order or resolution is illegal in whole no action or in part or in case anything has been done under it which by™*^'^^^"'*'' reason of such illegality gives any person a right of action no such action shall be brought until one month has elapsed after the by-law, order or resolution has been quashed or repealed nor until one month's notice in writing of the intention to bring the action has been given to the village; and every such action shall be brought against the village alone and not against any person acting under the by-law, order or resolution. 144. In case the village tenders amends to the plaintiff or Tender his soUcitor if such tender is pleaded and if traversed, proved and no more than the amount tendered is recovered the plaintiff shall have no costs; but costs shall be taxed to the defendant on such scale as the presiding judge may direct and shall be set off against the amoimt recovered; and the balance due to either party may be recovered as in ordinary cases. (2) The council of any village upon any claim being made or action brought for damages for alleged negUgence on the part of the village may tender or pay into court as the case may be, such amount as they may consider proper compensation for the damage sustained; and in the event of the nonacceptance by the claimant of such tender or of the amount paid into court, and of the action being proceeded with, and no greater amount being recovered than the amount so tendered or paid into court, the costs of suit shall be awarded to the defendants and set off against any amount recovered against them. 145. No proceedings of the council or of any committee of proceedings the council or of any person acting as chairman or member of ij^^gjjjj^^j the council or of a committee shall be invahdated by reason of by certain any defect in the appointment or election of or any disqualifica- *"°" tion of any such person. EXECUTION AGAINST VILLAGES. 146. Any writ of execution against a village may be endorsed Enforce- with a direction to the sheriff of the judicial district in which ™™*^^j^ the village is wholly or mainly situated to levy the amount thereof by rate and the proceedings thereon shall be as follows: 1. The sheriff shall deliver a copy of the writ and endorsement Copy writ to be to the secretary-treasurer with a statement in writing of the amount slraltoy-'" required to satisfy such execution including the amount of interest treasurer thereon and sheriff's fees and demand the payment of the same;pa^^°nt'" 2. In case the amount demanded is not paid to the sheriff Execution within thirty days after such delivery the sheriff shall examine '■»'*® the assessment roll of the village and shall in hke manner as rates are struck for general vilTage purposes strike a rate sufficient 1303 1913 (1st Sess.) Sheriff's precept to secretary- treasurer Cap. 5 VILLAGES Levy of special rate Surplus Secretary- treasurer's percentage Secretary- treasurer and assessor officers of court to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover the interest, hts own fees and the collector's percentage up to the time when such rate will probably be available; 3. The sheriff shall thereupon issue a precept or precepts imder his hand and seal of office directed to the secretary-treasurer and shall annex thereto the roll of such rate and shall by such precept after reciting the writ and that the village had neglected to satisfy the same and referring to the roll aimexed to the precept com- mand the secretary-treasurer to levy such rate at the time and in the manner by law required in respect to the general annual rates; 4. At the time for levying the annual rates next after the receipt of such precept the secretary-treasurer shall add a colimm to the tax roll headed: "Execution rate in A.B. versus the Village of No .{as the case may he)" adding a similar column if- there are more executions than one and shall insert therdn the amount by such precept or precepts to be levied upon each person respectively and shall levy the amount of such execution rate as aforesaid and shall within the time he is required to make the returns of the general annual rate return to the sheriff the precept or precepts with the amount levied thereon deducting his percentage; 5. The sheriff shall after satisfying the execution and all fees thereon return any surplus within ten days after receiving the same to the secretary-treasurer for the general purposes of the village. 6. In case the secretary-treasurer of any village against which an execution has issued is not paid by percentage fixed by by-law he shall be paid for such collections a sum not exceeding two and one-half per centum; 7. The secretary-treasurer and the assessor shall for the pur- poses of carrying into effect the provisions of this Act with respect to such execution be deemed to be officers of the coxirt from which such writ issued and as such may be proceeded against by attach- ment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. ERECTION OF VILLAGES INTO TOWNS. When village may be erected into town Procedure 147. If at any time it appears by a census taken under the authority of the Minister, or under the authority of any Act of the Legislature of the Province of Alberta or of the Parlia- ment of Canada, that a village contains over seven hundred inhabitants the village may be erected into a town municipality subject to the provisions hereinafter contained. 1914, c. 8, s. 18. 148. No village shall be erected into a town municipaUty unless and until a resolution authorizing the council to petition for such erection has been approved by two-thirds of the electors voting thereon at a meeting specially called for the purpose. (2) The reeve of the village shall preside at such meeting and notice thereof in the form hereinafter provided shall be posted up in at least three conspicuous places in the village, one of which will be in the post office, if any, at least ten days before the date fixed for such meeting. 1304 VILLAGES Cap. 5 1913 (1st SesB.) Such notice shall be in the following form: "Take notice that a meeting of the electors of the Village of will be held on the day of at the hour of o'clock p.m. at in the village of for the purpose of considering a resolution authorizing the Council of the Village to petition the Minister of Municipal Affairs for the erection of the village and (here insert the description of any additional land which it is desired, to include within the village) into a town muni- cipality. "Dated the day of 19 " Secretary-Treasurer of the Village of " 149. At any time not less than one month nor more than Proclamation two months after the passing of such resolution, the council may^age^ petition the Lieutenant Governor in Council for the erection of'''*°*°w° the village into a town municipality and shall with the petition furnish satisfactory proof of substantial compliance with the provisions of this Act, and thereupon the Lieutenant Governor may by a proclamation erect the village into a town municipaUty by the name to be given thereto in the proclamation. 150. The Lieutenant Governor in Council may include in the Lands not new town any lands not included in the village but adjacent '^^^°may thereto and within the hmits mentioned in the aforesaid notice; I'e added provided that no such land shall be included in any new town unless the plan of subdivision of such territory has been registered in the land titles office for the land registration district within which such land is situated and unless there is erected on such territory at least one building actually occupied as a dwelling house or place of business for every five acres included therein. 151. From and after the erection of any village into a town Town Act municipality as hereinbefore provided all the provisions of The*"^^^^^ Town Act shall apply hereto. 153. The council of the village shall until the election of a village council for the town under the provisions of The Town Act be""^^^'^^^ deemed to be the council of the town and shall have all the "f^i election powers and be charged with all the duties of a town council and^ounST all the officers of the village shall be and become officers of the town and shall hold office until their successors are appointed and the reeve of the village shall become mayor of the town. 153. All books, accounts, records, lists, vouchers, moneys and be°(feHvered all other properties of the village shall forthwith on demand oftosecretary- the secretary-treasurer of the town be dehvered by the person *'^°*^""' last holding them to the said secretary-treasurer who shall for the purpose of receiving the said books, accounts, records, vouchers, moneys and other property be deemed to be the successor in office of the secretary-treasurer of the village. 154. All by-laws or resolutions passed by the council of the village shall until the same are altered or repealed by the council of the town continue to have the same force and effect as if the same had been passed by the council of the town. 1305 1913 (lat Sess.) Village taxes to be paid to town Suits and rights of action and liabilities continued Title to property of village to pass to town Lieutenant Governor in Council may waive irregularity Village Act repealed Cap. 5 VILLAGES 155. All taxes due to the village shall on its erection into a town municipality be deemed to be arrears of taxes due to such town municipality and the provisions of The Town Act relating to arrears of taxes and the collection thereof shall apply thereto. 156. All suits and rights of action by or against the village shall after its erection into the town municipaUty be continued or maintainable by or against the town municipaUty and all debts and liabiUties of the village be assumed and paid by the town municipality. 157. The title to and all rights in respect of any real estate or other property of the village shall be vested in the town muni- cipality upon the erection of the village into a town municipality. 158. The Lieutenant Governor in Council may, upon the recommendation of the Minister, if satisfied that the pfovisions of this Act respecting the erection of villages into towns have been substantially complied with, notwithstanding any defect, irregularity or want of form in any of the proceedings incident to the erection of any village into a town, by proclamation erect the same into a town municipality. 159. The ViUage Act, being chapter 10 of the Statutes oj Alberta, 1907, is hereby repealed. 160. Sections 81 to 128 inclusive shall apply as though in force on the first of January, 1913. RESTRAINING ANIMALS AT LARGE. 161. The council of every village shall have full power to pass a by-law or by-laws for restraining animals at large and in such by-law or by-laws may: (a) Describe the several kinds of animals the by-law purports to restrain; (&) Determine what condition shall constitute an animal at large; (c) Determine whether animals at large shall be restrained throughout the whole year or only a portion thereof, and if only a portion what portion; (d) Determine whether such by-law is to be made applicable to the whole village or only a portion or portions thereof and if only a portion or portions what portion or portions; (e) Determine whether animals' not the property of residents shall be permitted to be at large within the village and if such permission is given by such by-law the conditions under and the time or times during, which such animals may be at large in the village 1914,_c. 8, s. 19; (/) Determine whether animals not the property of residents within any portion of the village shall be permitted to be at large within such portion of the village and if such permission is given by such by-law the conditions under and the time or times during which such animals may be at large within such portions. 1914, c. 8, s. 19; (g) Prescribe the manner in which animals required by such by-law to be restrained from being at large shall be distrained 1306 VILLAGES Cap. 5 1913 (1st 8eBS.) and kept during such distraint and the places at which and the persons with whom animals so distrained shall be impounded. 1913 (2nd Session), c. 23, s. 19. (2) The term "residents" in this section includes any person living in the village and any person using in any way any land within the village. 1914, c. 8, s. 19. 163. In every such by-law the council shall incorporate substantially all the provisions of sections 163 to 170 inclusive of this Act, ■ substituting the word "by-law" for "Act" where the meaning requires it. 1913 (2nd Session), c. 23, s. 19. (2) {Repealed— 1914:, c. 8, s. 20.) 163. Any person claiming any damage for trespass by any animal impounded may, at any time before the animal is released, deliver to the poundkeeper a statement in writing, showing the amount of his demand. 1913 (2nd Session), c. 23, s. 19. (6) Upon the receipt of such . statement the poundkeeper shall apply to the reeve or to any one of the councillors of the village, or to a justice of the peace, who is hereby authorized and required to forthwith simimon three disinterested inhabitants of the village, and such three appraisers or any two of them shall, within twenty-four hours after notice as aforesaid, view the ground on which the animal or animals where found doing the damage and appraise the damage committed, and the determination of a majority of the said appraisers shall be con- clusive as to the amount of such damages and they shall, within twenty-four hours after having made the view, give, in writing, to the poundkeeper a statement of the amount of damages assessed by them, and said amount shall be the amount to be collected from the owner or to be retained from the sale of the animal or animals as damages by the poundkeeper. 1913 (2nd Session), 0. 23, s. 19. 164. If any poundkeeper impounds or assists or incites or employs any person to impound any animal in the village unless such animal was an estray or was trespassing upon the pound- keeper's own land, he shall, in addition to any civil liability which he may incur by reason thereof, be guilty of an offence and liable on summary conviction to a penalty not exceeding $100. 1913 (2nd Session), c. 23, s. 19. (2) Every poundkeeper shall keep the pound to which he is appointed clean and in good repair and shall supply the animals impounded therein with sufficient and wholesome sustenance and provide for them such shelter as is commonly provided at the time for animals of similar age and class in the vicinity, and the poundkeeper may send such aninjials out of his pound at fit times and to fit places for grazing or watering and every poundkeeper shall be responsible to the owner of any impounded animal for all loss or damage occasioned by any act or negHgence of himself or his agent; in no case shall an open wire corral be regarded as a suitable pound. 1913 (2nd Session), c. 23, s. 19. 165. If the owner of any impounded animal is known to the poundkeeper as the owner of such animal the poundkeeper shall forthwith deliver at or mail by registered post to the address 1307 1913 Cap. 5 VILLAGES (1st SesB.) of such owner a notice in the form hereinafter provided. 1913 (2nd Session), c. 23, s. 19. (2) In case such owner is not known, or such owner or person notified shall not within ten days after the posting or delivery of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees, mileage rates and appraised claim for damage, the poxmdkeeper shall cause to be inserted once each week for two cpnsecutive weeks in some newspaper circulating in the vicinity of the pound, a notice in the form hereinafter provided: "Notice is hereby given that {description of animal impounded, giving registered brands, if any, marks and points) was impounded in the pound kept by the undersigned on (description of place where pound is located) on day of 19 1913 (2nd Session), c. 23, s. 19. Signature of Poundkeeper." 166. Every poundkeeper shall without charge in addition to any copies of any notice which he may be required under this Act to post or deliver, post a copy of every such notice in a con- spicuous place at his poimd and in the nearest post office and shall keep and maintain such notice at his pound during the whole of such time such notice may refer to. 1913 (2nd Session), c. 23, s. 19. 167. When any animal shall not have been released from the pound within twenty days after the notice has been inserted for the last time in a newspaper as is herein provided the said animal shall be sold by public auction after notice of puch sale shall have been posted for eight days in three conspicuous places within the village one of which shall be the post oflice nearest the pound and at such sale the poundkeeper shall be the auctioneer; and such sale shall be held at the pound or at such other place as may be designated by by-law of the village and shall com- mence at the hour of two o'clock in the afternoon and the pound- keeper shall not either in person or by his agent purchase any animal at such sale or have any interest of any kind in any animal so purchased. 1913 (2nd Session), c. 23, s. 19. 168. If more than one animal is impounded and the owner thereof is known, the poundkeeper shall only sell sufficient of such animals to satisfy the claims for damages, expenses and fees chargeable against the animals and the owner of the animals shall be entitled to those remaining unsold. 1913 (2nd Session), c. 23, s. 19. (2) If the owner of the animals is unknown the poundkeeper shall sell all the animals impounded. 1913 (2nd Session), c. 23, s. 19. (3) The poundkeeper shall immediately after such sale send to the treasurer a description of the animal sold, the date of sale, the amount realized and the disposition thereof. 1913 (2nd Session), c. 23, s. 19. 169. No poundkeeper making a sale under the provisions of this Act shall be liable to a penalty for selfing without a ficense as an auctioneer. 1913 (2nd Session), c. 23, s.. 19. 1308 VILLAGES Cap. 5 1913 (1st Sess.) 170. The proceeds of the sale of any impounded animal sold under the provisions of this Act shall be appUcable in payment: (o) Of any costs and charges attending such sale; (b) Of all sustenance fees; (c) To the impounder of such animal of the amount due to him for capturing and impounding same, if any, and to claimant for damage done; and the residue, if any, shall be paid to the owner of such animal, or if not claimed at the time of sale by any person entitled thereto, to the treasurer of the village. 1913 (2nd Session), c. 23, s. 19. 171. Any money received by the treasurer under the provisions of the next preceding section shall be paid to the owner of the animal sold on evidence satisfactory to the council being fur- nished as to applicant's title thereto and application therefor being made to the council within twelve months from the date of the sale; otherwise such money shall form part of the general revenue of the village. 1913 (2nd Session), c. 23, s. 19. 173. Before any by-law for the restraining of animals at large shall be finally passed by the council of any village the council shall cause a copy of the proposed by-law to be posted up in each of at least three conspicuous places in the village, one of which shall be the ofl&ce of the secretary-treasurer and shall upon the completion of the posting of such copies cause to be inserted in some newspaper published in the municipahty or if there is no newspaper published therein in some newspaper circulating therein, a notice in the form following or to the Uke effect: "Pubhc notice is hereby given that there has been introduced in the council of the Village of. a by-law of which the following is a short synopsis {here insert short synopsis of by-law) and that a copy of same may be seen in each of the following places (here insert list of the places at which by-law may be seen) and further that unless within thirty days of the pab- lication of this notice at least ten resident electors of the village petition the council to submit such by-law to a vote of the resi- dent electors of the village the council will proceed to pass same. Secretary-Treasurer of the Village of " 1913 (2nd Session), c. 23, s. 19; 1914, c. 8, s. 21; 1915, c. 17, s. 3. 173a. If within twenty days after the last insertion of such notice any ten resident electors of the village petition the council to submit such by-law to the vote of the resident electors of the village, such by-law shall be submitted to the vote of such resident electors. 1914, c. 8, s. 22. 1736. The secretary-treasurer shall be the returning officer in connection with any vote taken on such by-law, and in case of his inability or refusal to act, the council shall appoint some person to act as returning officer. 1914,. c. 8, s. 22. 173c. Within three days from the presentation of such petition to the council, the returning officer shall cause to be posted up in three conspicuous places in the village, one of which shall be the post office, a notice in the following form or to the like effect: 1309 1913 Cap. 5 VILLAGES (1st Sess.) "Village of "Public notice is hereby given that between the hours of two and nine on the afternoon of day the day of , A.D. 19 , a poll will be taken at of the resident electors of the village for and against the following by-law: {here insert by-law) and that I will at on the day of , A.D. 19 , at the hour of ten-thirty p.m. sum up the votes for and against the said by- law, and declare the result of the voting thereon. "Given imder my hand at this day of , A.D. 19 1914, c. 8, s. 22. Returning Officer." 173d. The provisions of sections 45 and 46, and of subsections 1, 5, 6, 7 and 9 of section 47 of this Act shall apply to the voting on any such by-law. 1914, c. 8, s. 22. 173e. The returning officer shall upon demand give a ballot to each resident elector whose name appears upon the assess- ment roll, and who appears by the tax enforcement return to have paid all taxes due up to the thirty-first day of December, last preceding, and explain to him the manner of voting; provided, however, that if two or more persons are assessed in respect of the same property, only those first presenting themselves to vote to the number of three shall be entitled to vote. 1914, c. 8, s. 22. 173/. The returning officer shall immediately upon the expira- tion of the time fixed for taking the poll publicly count the ballots and declare the result of the poll. Such declaration shall be in the following form or to the like effect: "I, , the undersigned returning officer in connection with the voting on a by-law {here insert short description of by-law) do solemnly declare that at the poll taken for and against the said by-law on the day of , A.D. 19 , the same was (carried or defeated as the case may be) and that the following is a correct statement of the votes polled for and against the said by-law {insert statement of votes for and against by-law). Returning Officer." "Declared before me at this day of , A.D. 19 "A Commissioner, etc." 1914, c. 8, s. 22. 173gr. Any person voting on any such by-law who is not entitled thereto, shall be guilty of an offence and hable on sum- mary conviction thereof to a penalty of not less than $10 and not more than $50. 173. The following shall be the tariff of the poundkeeper's fees under any by-law passed in accordance with the provisions of this Act: 1310 VILLAGES Cap. 5 1913 (iBt Seu.) For each stallion or jack $ .50 For each bull 50 For each other animal 25 Provided that the total poundkeeper's fees, not including commission on sales, shall not exceed 110 and disbursements for advertising. 1914, c. 8, s. 22. For posting notices, each such notice to include all such animals impounded at one distress $1 . 00 For notice in newspaper: , actual cost. For selhng impounded animals, as directed by the by- law: 2J^% comrdission upon the amount reaUzed on the sale. For attending for summonses and serving same on appraisers each .25 and 10c. per mile one way for each mile necessarily travelled. (&) That the amount to be allowed the poundkeeper for the care and sustenance of each animal for each day or portion of a day shall be as follows: For each stallion or jack $1 . 00 For each bull 50 For each other animal 25 (c) That the amount to be allowed the owner or tenant of any land in the village for capturing and impounding a stallion or bull of one year old or upwards at large, contrary to any village by-law, shall be five dollars and on receiving settlement or realiz- ing from sale said amount shall be paid over to the person entitled by the poundkeeper. (2) Any such fees and no others shall be payable for such purposes. 174. Nothing contained in this Act shall deprive the owner of any animal impounded, of any action, remedy or right that he may have at common law or otherwise by reason of said animal being unlawfully impounded. 175. The provisions of The Stray Animals Ordinance, The Entire Aninials Ordinance, The Herd Ordinance, The Fence Ordinance and The Pound District Ordinance shall cease to be operative within any village upon the coming into effect of any by-law passed by the coimcil in pursuance of the powers con- ferred upon it by this Act. 1311 1913 (first session) CHAPTER 6. Short title Interpretation Municipality Council Secretary Engineer Ditch Construction Maintenance Nonresident An Act respecting the Construction and Maintenance of Small Ditches by the Owners of Lands to be Benefited. {Assented to March 25, 1913.) I_IIS MAJESTY, by and with the advice and consent of the "^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Private Ditches Act." INTERPRETATION . ,3. In this Act unless the context otherwise requires the expression — ■ 1. "Municipality" means and includes any incorporated municipality whether a city, town, village or rural municipality and also a local improvement district; 2. "Council" means and includes the coimcil of a mimicipality; 3. "Secretary" means and includes the treasurer of a city municipality and the secretary or secretary-treasurer of a town, village, or rural municipality or of a local improvement district; 4. "Engineer" means a duly qualified engineer or a surveyor duly qualified to practise in Alberta; 5. "Ditch" means and includes a drain open or covered wholly or in part whether in the channel- of a natural stream, creek or watercourse or not and also the work and material necessary for bridges, culverts, catch basins and guards; 6. "Construction" means and includes the original opening or making of a ditch by artificial means and the disposal of the material taken therefrom; 7. "Maintenaiice" means and includes the preservation of a ditch and keeping it in repair; 8. "Nonresident" means and includes a person who does not reside within the miinicipality in which his lands affected by proceedings under this Act are situate; 9. "Owner" means and includes any person who by any right, title, or estate whatsoever is or is entitled to be in possession of any land and the executor or administrator of an owner, the guardian of an infant owner, any person entitled to sell or convey the land, an agent of an owner under a general power of attorney or under a power of attorney empowering him to deal with the land and as regards, roads the municipality within which the same is situate; 1312 PRIVATE DITCHES Cap. 6 1913 (1st SesB.) 10. "Road" means and includes any road surveyed and set^"*'' apart as a highway under the provisions of The North-West Territories Act, The Public Works Act, The Rural Municipality Act, or The Land Titles Act and any road allowance under The Dominion Lands Surveys Act; 11. "Sufficient outlet" means and includes the safe discharge Sufficient of water at a point where it will do no injury to lands or roads °""^* or into a natural water-course that will carry said discharge; 12. "Court" means the District Court of the judicial district <^°"' within which the lands in respect of which proceedings under this Act are taken are wholly or mainly situate; 13. "Judge" means a judge of the court; Judge 14. "Initiating municipality" means the municipality within ^i*^^™^.^, which is situate the land of an owner commencing proceedings under this Act; 15. "Minister" means the Minister of PubUc Works of Minister Alberta; 16. "Form" means a form in the schedule to this Act. ^°"o 3. Every ditch to be constructed under this Act shall be^™'*°'°°'' continued to a sufficient outlet, but no ditch the whole cost whereof according to the estimate of the engineer or the agree- ment of the parties will exceed $5,000.00 shall be constructed under the provisions of this Act. 4. The lands, the owners of which may be ma.de liable forj^tatia^ds the construction of a ditch under this Act shall be those lying uabie for within a distance of one mile from the sides and point of com-™"^*""'*^"" mencement of the ditch, or any other lands the engineer may consider liable. 5. Any owner other than the municipality shall before com- Deoiaratira mencing proceedings under this Act file with the secretary of° """"^ " the municipahty in which the parcel of land requiring the ditch is situate a declaration of ownership thereof in the form A which may be taken before a notary public, a justice of the peace, a commissioner for taking affidavits or the secretary of the municipality. (2) Before a municipality commences proceedings imder this Act its council shall pass a resolution to the effect that such proceedings be commenced. (3) In case of omission to file such declaration through inad- vertence or mistake at the time aforesaid the judge may in case of such ownership at the said time permit the same to be filed at any stage of the proceedings upon such terms and conditions as he may impose or direct. (4) Where a declaration of ownership has been filed under the provisions of this Act or such resolution passed by council such declaration or resolution shall be conclusive as conferring jurisdiction to proceed unless appealed against to the judge under the provisions of this Act. 6. The owner of any parcel of land who requires the con- Notice to struction of a ditch thereon shall before filing with the secretary affected'""'' of the municipality the requisition provided for by section 11 of this Act serve upon the owners or occupants of the other 1313 1913 (1st Sess.) Cap. 6 PRIVATE DITCHES Form of agreement Filing Informalities not to invalidate proceedings Adjourning meeting for purpose of adding parties Chief executive officer to sign on behalf of municipality interested Hequisition for appointment by engineer wnen no agreement arrived at lands to be affected a notice in writing in the form B signed by him and naming therein a day and hour and also a place convenient to the site of the ditch at which all the owners shall meet and estimate the cost of the ditch and agree if possible upon the apportionment of the work and supply of material for construction among the several owners according to their respective interests therein and settle the proportions in which the ditch shall be maintained; and the notices shall be served not less tha,n twelve clear days before the time named therein for meeting. 7. If an agreement is arrived at by the owners as in the next preceding section is provided it shall be reduced to writing in the form C and signed by all the owners and shall within twelve days after the signing thereof be filed with the secretary of the municipality hx which the parcel of land the owner of which requires the ditch is situate; but if the lands affected lie in two or more municipalities the agreement shall be in as many numbers as there are municipalities and filed as aforesaid with their respective secretaries; and the agreement may be enforced, in the like maimer as an award of the engineer as hereinafter provided. 8. No proceedings taken or agreement made and entered into under the provisions of sections 6 and 7 of this Act shall in any case for want of strict compUance with such provisions be void or invalidate any subsequent proceedings under this Act proAdded the notices required by section 6 of this Act ha,ve been duly served; and any such agreement may with the consent in writing of the parties thereto (which consent shall be filed in the same manner as the agreement) or by order of the court or of the judge on an appeal under tnis Act be amended so as to cause the same to conform to the provisions of this Act. 9. If at or before the meeting of owners provided for in section 7 of this Act it appears that any notice required by section 6 has not been duly served the owners present at such meeting shall adjourn the same to some subsequent day in order to allow the necessary notices to be duly served; and such adjourned meeting shall if such notices have been given and served as provided by section 6 be a sufficient compliance with the provisions of this Act. 10. The chief executive officer of the municipaUty shall have power on behalf of the municipality to sign the agreement aforesaid and his signature shall be binding upon the municipality. 11. In case an agreement as aforesaid is not arrived at by the owners at the said meeting or within six days thereafter then the owner requiring the ditch may file with the secretary of the mimicipality in which such parcel is situate a requisition in the form D naming therein all the several parcels of land that will be affected by the ditch and the respective owners thereof and requesting that an engineer to be appointed by the municipality under this Act be asked to appoint a time and place in the locaUty of the proposed ditch at which the said engineer will attend to make an examination as hereinafter provided. 1314 PKiVATE DITCHES Cap. 6 1913 (Ist Seas.) 13. Upon receipt of such requisition in the form D the council 0/*°^™?°* shall name and appoint one person to be an engineer to carry out the provisions of this Act and such engineer shall be and continue an ofl&cer of the municipality until his appointment is revoked and another engineer is appointed in his stead who shall have authority to commence proceedings under this Act or to continue such work as may have been already undertaken. (2) The council when necessity requires shall provide for^j|^^°^j pasrment to the secretary of a fair and reasonable remuneration engineer for services performed by him in carrying out the provisions of this Act and shall fix the charges to be made by the engineer of the municipality for services performed by him under this Act and such charges shall not exceed $15 per day and legitimate expenses. (3) Every engineer appointed under this Act shall before entering upon his duties take and subscribe the oath or affirm- ation in the form E and shall file the same with the secretary. 13. The secretary upon receiving the requisition shall forthwith Notice to enclose a copy thereof in a registered letter to the engineer and l^f n^i„e of on receipt of the same by the engineer he shall notify the^^J°J™™* secretary in writing appointing a time and place at which he^neer will attend in answer to the requisition a ad on receipt of the notice of appointment from the engineer the secretary shall file the same with the requisition and shall forthwith send by registered letter a copy of the notice of appointment to the owner making the requisition who shall at least ten days before the time so appointed serve upon the other owners named in the requisition a notice in the form F requiring their attendance at the time and place fixed by the engineer and shall after serving such notice endorse on one copy thereof the time and manner of service and leave the same with the endorsements thereon with the engineer not later than the day before the time fixed in the notice of appointment. 14. Notices under the provisions of this Act shall be served Mode of personally or by leaviag the same at the place of abode of the°o'^°f owner or occupant with some person residing thereat apparently or actually over the age of sixteen years and in case of non- residents then upon the agent of the owner or by registered letter addressed to the owner at the post office address shown by the records of the proper land titles office or in case of the owner of impatented lajid by the records of the proper Dominion lands office. (2) Any occupant not the owner of the land notified in the manner provided by this Act shall immediately notify the owner thereof and shall if he neglects to do so be liable for all damages suffered by such owner by reason of such neglect. (3) Whenever an owner serves any notice required by this Act he shall keep a record showing the names of the parties served and the time, place and manner of service and shall if required to do so by a judge or the secretary make an affidavit proving such service. 15. The engineer shall attend at the tipie and place appointed Duties of by him in answer to the requisition and shall examine the**®"*™*" 1315 1913 (1st Seaa.) Cap. 6 PRIVATE DITCHES Engineer may order opening of ditch acroaa land of a peraon not benefited locality and if he deems it proper or if requested by any of the owners may ejcamine the owners and their witnesses present and take their evidence and may administer an oath or aflBrmation to any owner or witness examined by him; if upon examining the locality the engineer is of opinion that the lands of owners upon whom notice has not been served will be affected by the ditch he shall direct that the notice required by section 13 hereof shall be served on such owners by the owner making the requisition and shall adjourn the proceedings to the day named in the notice for continuing the saine for the purpose of allowing such owners to be present and to he heard upon the examination and taking of evidence. (2) The engineer may adjourn his examination and the hearing of- evidence from time to time and if he finds that the ditch is required he shall within thirty days after his first attendance make his award in writing in the form G specifying clearly the location, description and course of the ditch, its commencement and teimination, apportioning the work and the furnishing of material among the lands affected and the owners thereof according to his estimate of their respective interests in the ditch, fixing the time for performance by the respective owners, apportioning the maintenance of the ditch among all or any of the owners so that as far as practicable each owner shall maintain the portion of his own land and stating the amount of his fees including the estimated cost of his inspection after the time has expired for the construction of the ditch according to his award and the other charges and by whom the same shall be paid. (3) In making his award the engineer shall consider direct benefit only to the lands affected. (4) The period prescribed for the engineer to make his award shall be exclusive of the time required to obtain the approval of the works or the specifications or plans thereof by the board of railway commissioners for Canada where such approval is necessary. (5) In any case where a ditch is to be covered the engineer shall in his award specify the kind of material to be used in the covered portion of such ditch. 16. Should the engineer be of the opinion that the land of any owner will not be sufficiently affected by the construction of the ditch to make him liable to perform any part thereof and that it is necessaiy or not, as the case may be, to construct the ditch across or into his land he may by his award relieve such owner from performing any part of the work of the ditch and place its construction on the other owners and any person carrying out the provisions of the award upon the land of the owner so relieved shall not be considered a trespasser while causing no uimecessary damage and he shall replace any fences opened or removed by him; and the owner so relieved may claim compensation for damage done to his land by the construction of the ditch; and the engineer shall award such damages as he deems reasonable and shall state the amount thereof in the award. (2) No award for damages shall be made under this section where the construction of such ditch consists of restoring a 1316 PRIVATE DITCHES Cap. 6 1913 (l8t Seas.) natural watercourse to its original condition, but the engineer may award damages where in his opinion such natural water- course has been enlarged beyond its original size. 17. The engineer shall forthwith after making his award as™^|. hereinbefore provided file the same and a plan, profile and notice to specifications of the ditch in duplicate with the secretary ofalSSted the initiating municipahty but should the lands affected lie in two or more municipalities then the engineer shall file with the said secretary as many additional copies of the award, plan, profile and specifications as there are other municipalities affected and the secretary of the initiating municipality shall forward a copy to the secretary of each municipahty affected; such award, plan, profile or specifications may be given as evidence in any legal proceedings by certified copy as are other ofl&cial documents and the secretary of the municipality or of each of the municipalities shall forthwith upon the filing of the award notify each of the persons affected thereby within the municipality of which he is secretary by registered letter or personal service of the filing of the same and the portion of work to be done and material furnished by the person notified as shown by the award; and the secretary shall keep a book in which he shall record the names of the parties to whom he has sent notices, the address to which the same was sent and the date upon which the same was deposited in the post office or personally served. (2) The secretary of the initiating municipality shall forthwith Copy of forward one copy of the award, plan, profile, and specifications to^be'sent" to the Minister to be filed in his department. toMiniater 18. If the lands affected by the ditch are'situate in two or powers of more municipalities the engineer of the initiating municipality ^^^^■'^5^ shall have full power and authority to continue the ditch into in which or through so much of the lands in any other municipality ascommeneld may be found necessary but within the limits hereinbefore provided; and all proceedings authorized under the provisions of this Act shall be taken and carried on in the municipality where commenced. 19. In every case where lands or roads in two or more muni- certificates cipalities aie affected the secretary of the initiating municipality j'^^^^*" shall forward to the secretary of each of the other mimicipalities roads in a certified copy of every certificate -affecting or relating to lands ?^S^p&tiei or roads therein respectively and the council thereof shall pay the sum for which lands and roads within its limits are liable to the treasurer of the initiating municipahty and unless the amounts are paid within twelve days after demand in writing by the parties declared by the certificate liable to pay the same such council shall have power to take all proceedings for the collection of the sums so certified to be paid as though all the proceedings had been taken and carried on within its own limits. 20. The council of any municipahty may enter into an agree- culverts, ment with any railway company for the construction or enlarge- ^^-^""^ ,' . ment by the railway company of any ditch or culvert on the"^ "^^ *° lands of such railway company and for the payment of the cost of such work after completion out of the general funds of the 1317 1913 (Ist Sess.) Cap. 6 PRIVATE DITCHES mimicipality and the council shall have power to assess and levy the amount so paid exclusive of any part thereof for which the municipality may be liable under the award as to the cost of the work in the same maimer as taxes are levied upon the lands mentioned in the award and in the relative proportion of the estimated cost of the work to be done and materials furnished by the respective owners in the construction of such ditch; and such assessment shall in. every case be determined by a supple- mentary award made by the engineer and shall be subject to appeal to the judge in the same manner as other awards made under this Act. (2) No agreement with a railway company shall be entered into by a council under this section which will impose a special liability on the owners without the consent in writing filed with the secretary of the municipality of two-thirds of the owners liable for the construction of the ditch in respect to which such work on railway lands is to be imdertaken. (3) The cost of any such work on railway lands shall be exclusive of the sum fixed as the limit of the cost of the work imposed by section 3 of this Act. Appeals from award to judge Notice of appeal Clerk to notify judge and judge to fix time and place for hearing Inspection of premises by another engineer Clerk of the court 31. Any owner dissatisfied with the award of the engineer and affected thereby may within twelve clear days after the date of the mailing or service of the last of the notices of the fiUng of the award as provided in section 17 hereof appeal there- from to the judge and the proceedings on the appeal shall be as hereinafter provided. (2) The appellants shall serve upon the secretary of the initiating municipality a notice in writing of his intention to appeal from the award shortly setting forth therein the grounds of appeal. (3) The secretary in the next preceding subsection mentioned shall after the expiration of the time for appeal forward by registered letter or delivery a copy of the notice or notices of appeal and a certified copy of the award and also the plans, profiles and specifications to the judge who shall forthwith upon the receipt of the registered letter or documents aforesaid notify the secretary of the time he appoints for the hearing thereof and shall fix the place of hearing at the city, town or village nearest to the ditch unless the judge for the greater convenience of the parties and to save expense fixes some other place for the hearing; the judge may if he thinks proper order such sum of money to be paid by the appellant or appellants to the said secretary as will be a sufficient indemnity against costs of the appeal; and the secretary upon receiving notice from the judge shall forthwith notify the engineer whose award is appealed against and all parties interested in the maimer provided for the service of notices imder this Act. (4) Any appellant may have the lands and premises inspected by any other engineer or person who for such purposes may enter upon such lands and premises but shall do no unnecessary damage. (5) The secretary of the municipality to whom notice of appeal is given shall be the clerk of the court and shall record the proceedings. 1318 PBiVATE DITCHES Cap. 6 1913 (1st Sess.) (6) It sHall be the duty of the judge to hear and determine J^f«^°*| the appeal or appeals within two months after receiving notice determine thereof from the secretary of the municipality as hereinbefore months*"" provided or within such further period as the judge on hearing the parties may decide to be necessary in order to allow proper inspection of the premises to be made as authorized by the next following subsection. (7) The judge may set aside, alter or aflfirm the award and?j°j^|'^^^f correct any errors therein; he may examine parties and witnesses appeal on oath and may inspect the premises and may require the engineer to accompany him; and should the award be affirmed or altered the costs of appeal shall be in his discretion and it set aside he shall have power to provide for the payment of the costs in the award mentioned and also the costs of appeal and may order the payment thereof by the parties to the award or any of them as to him may seem just and may fix the amount of such costs. (8) The judge shall be entitled to charge for holding court J>|_8^™^^^^^ for the trial of appeals under this Act and for the inspection ot judge of the premises the sum of five dollars per day and his necessary disbursements which charge shall be considered part of the costs of appeal imder the provisions of the next preceding subsection. 1914, c. 2, s. 20. (9) The award so altered or aflGirmed shall be certified byEiforoement the secretary together with the costs ordered and by whomamraded*^ to be paid and shall be enforced in the same manner as the award of the engineer and the time for the performance of its requirements shall be computed from the date of such judgment in appeal; and the secretary shall immediately after the hearing send by registered letter to the secretary of any other municipality in which lands affected by the ditch are situate a certified copy of the changes made in the award by the judge which copy shall be filed with the award; and each secretary shall forthwith by registered letter notify every owner within the municipality of any change made by the judge in the portion of work and material assigned to such owner. 22. No award made by an engineer under this Act shall be judge may set aside by the judge for want of form only or, on account of *^™^^°/^ want of strict compliance with the provisions of this Act and award the judge shall have power to amend the award or other pro- ceedings and may in any case refer back the award to the engineer with such directions as may be necessary to carry out the provisions of this Act. 33. Every award made under the provisions of this Act shall when award after the lapse of the time hereinbefore limited for appeal to ^'^j^j'j°^°|. the judge and after the determination of appeals, if any, by ing detects him, where the award is aflSrmed be vaUd and binding to all intents and pxuT)oses notwithstanding any defects in form or substance either in the award or in any of the proceedings relating to the works to be done thereimder taken under the provisions of this Act. 34. In all appeals imder this Act from the engineer's award Powers of the judge shall possess all such powers for compelling theSng*^*" •tty-tn evidence 1913 (l9t Sess.) Cap. 6 PRIVATE DITCHES attendance of and for the examination on oath of all parties and other persons as belong to or might be exercised by him in the District Court. Clerk may issue subpoenas Municipalities to pay costs, etc., and collect same from persons liable 35. Upon an appeal to a judge under this Act the secretary of the municipality shall have the like powers as the clerk of a District Court as to the issuing of subpoenas to witnesses upon the application of any party to the proceedings or upon an order of the judge for the attendance of any person as a witness before him. (2) The fees to be allowed to witnesses upon an appeal under this Act shall be upon the scale of fees allowed to witnesses in any action in the District Court. 36. The municipality or each of the municipalities shall within twelve days after the expiration of the time for appeal, or after appeal, as the case may be, pay to the engineer and the judge and all other persons entitled to the same their charges and fees or the portion thereof awarded or adjudged to be paid by the owners therein and shall if the same are not forthwith repaid by the persons awarded or adjudged to pay the same cause the amoimt with ten per centum added thereto to be placed upon the tax roll or assessment roll in cases where the assessment roll is also the tax roll as a charge against the lands of the persons so in default and the same shall thereupon become a charge upon such lands and shall be collected in the same manner as taxes. Letting work on noncompliance with award Extension of time for compliance Liability of Serson in efault of doing work after proceedings began 37. The engineer at the expiration of the time limited by the award for the completion of the ditch shall inspect the same and if he finds the ditch or any part thereof not completed in accordance with the award he may let the work and supply of. material to the lowest bidder who shall give security to be approved by the engineer in favour of the municipality by which he was appointed for the due performance thereof within a limited time; but no such letting shall take place — (a) Until notice in writing of the intended letting has been posted for ten clear days in at least three conspicuous places in the neighbourhood of the place at which the work is to be done; and until a notice of the intended letting has been published in two consecutive weekly issues of at least one newspaper, published or circulating in the vicinity of the ditch; (b) Until the expiration of twelve days after the sending of the notice by registered letter as provided in section 14 hereof to nonresidents interested in the said award. (2) If however the engineer is satisfied of the good faith of the person failing in the performance of the award and there is good reason for the nonperformance thereof he may in his discretion and upon payment of the fees and charges extend the time for performance. (3) Any owner in default of supplying the material and doing the work after proceedings are begun to let the same shall be liable for the fees and expenses occasioned by his default and the same shall form a charge on his land and if not paid by him on notice the council shall pay the same on the certificate of the 1320 PRIVATE DITCHES Cap. 6 1913 (Ist Sess.) engineer and shall cause the amount with ten per centum added thereto to be placed on the tax roll or assessment roll in cases where the assessment roll is also the tax roll against the lands of the person in default to be collected in the same manner as other taxes. (4) The engineer may let the work and supply of material or any part thereof by the award directed a second time or oftener if it becomes necessary in order to secure its performance and completion. 38. The engineer shall after receipt of notice in writing of Certificates the supplying of material and completion of the work let asSpon^Sm- in the next preceding section mentioned inspect the same andpJ^J""""* shall if he finds the material furnished and the work completed certify the same in writing in the form H stating the name of the contractor, the amount payable to him, the fees and charges to which the engineer is entitled for his services rendered necessary by reason of the nonperformance and by whom the same are to be paid. 39. The coimcil shall at its meeting held next after the filing of a^^^^* °' the certificate or certificates as in the next preceding section named in mentioned pay the sums therein set forth to the persons therein of^^neer named; and imless the owners within the municipality upon notice pay the sums for which they are thereby made liable the council shall have power to cause the amount for which the owner is liable together with ten per centum added thereto to be placed upon the tax roll or assessment roll in cases where the assessment roll is also the tax roll and the same shall there- upon become a charge against the lands of such owners respectively and shall be collected in the same manner as other taxes. 30. If it appears to the engineer that heavy work is required Letting the engineer may cause the same to be done by letting it outfOTiwavy to public competition by tender or otherwise instead of requiring '""'^^ each owner benefited to do his share of the work and the engineer shall by his award determine the fractional part of ttie whole cost thereof which shall be paid by each of the owners benefited and upon completion of such heavy work shall certify to the secretary of the mimicipality by which he was appointed the total cost thereof including his fees and charges and the said secretary and the secretary of any other municipality affected shall notify each of the owners liable to contribute imder the award within their respective municipalities of the said total cost and the part to be paid by him, and unless forthwith paid the same with ten per centum added thereto shall be placed on the tax roll or assessment roll in cases where the assessment roll is also the tax roll of the municipality in which his lands are situate and the same shall thereupon become a charge against the land of each owner so Uable and shall be collected in the same manner as other taxes. (2) It shall be the duty of the initiating municipality through Payment ot the treasurer thereof to pay the contractor for such heavy work aSdengtaeer as soon as done to the satisfaction and upon the certificates of the engineer and also to pay the fees and charges of the engineer in connection therewith. 1321 1913 (Ist Seas.) Owners desiring to avail themselves of ditch after construction Deepening, widening or covering ditch Cap. 6 PEIVATE DITCHES Maintenance of ditches heretofore or hereafter constructed Enforcing maintenance Proceedings for widening, etc. 31. In case any owner during or after the construction of a ditch desires to avail himself of such ditch for the purpose of draining lands other than those contemplated by the original proceedings he may avail himself of the provisions of this Act as if he were an owner requiring the construction of a ditch; but no owner shall make use of such ditch after construction imless under an agreement or award pursuant to the provisions of this Act. 33. This Act shall apply to the extension, deepening, widening or covering of any ditch already or hereafter constructed no matter by whom or when or under what authority and the proceedings to be taken for procuring such ejctension, deepening, widening or covering shall be the same as the proceedings to be taken for the construction of a ditch under the provisions of this Act; but in no case shall a ditch be covered imless it will provide capacity for all the surface and other water from lands and roads draining naturally towards and into it as well as for the water from ail the lands made liable for the construction thereof. 33. The maintenance of any ditch, whether covered or open or of any creek or watercourse that has been deepened or widened imder any authority in that behalf, or constructed, deepened, widened or covered under the provisions of this Act shall be performed by the respective owners in such proportion as is provided in the original or any subsequent award and the manner of enforcing the same shall be as hereinafter provided. 34. If any owner whose duty it is to maintain any portion of a ditch neglects to maintain the same in the manner provided by the award any of the owners, parties to the award, whose lands are affected by the ditch may in writing notify the owner making default to have his portion put in repair within ten days from the receipt of such notice and if the repairs are not made and completed within such ten days the owner giving the notice in writing may request the coimcil to have the portion complained of inspected by an engineer. (2) The inspection by the engineer and thq proceedings for doing and completing the repairs required and enforcing payment of costs, fees and charges shall be as hereinbefore provided in case of noncompletion of the construction of a ditch but should the engineer find no cause of complaint he shall certify the same with the amoxmt of his fees and charges to the owner who complained and also to the secretary of the municipality and the owner who made complaint shall pay the fees and charges of the engineer and if not forthwith paid by him the same shall be charged and collected in the same manner as is provided for by this Act in the case of other certificates of the engineer. 35. Any owner interested in or affected by any ditch heretofore constructed or hereafter constructed otherwise than under this Act rnay take proceedings for the deepening, widening, extending, covering or repairing of such ditch in the same manner as for the construction of a ditch under this Act: Provided always that the extent of the work and costs thereof and assessment therefor shall not exceed the limitations imposed by sections 3 and 4 of this Act. 1322 PKivATE DITCHES Cap. 6 1913 (1st Sees.) 36. Any owner party to the award whose lands are affected Proceedings by a ditch whether constructed under this Act or any other dderttion of authority in that behalf may at any time after the expiration ^'^^"/J"* of two years from the completion of the construction thereof or in case of a covered drain at any time after the expiration of one year take proceedings for the reconsideration of the agreement or award imder which it was constructed and ia every such case he shall take the same proceedings and in the same form and maimer as are hereiubeiore provided in the case oi the construction of a ditch: Provided that in case any ditch after its construction proves ProvUo insufficient for the purposes for which it was constructed so as to cause an overflow of water upon any lands along the said ditch and cause damage to the same any owner party to the award may at any time after the expiration of six months from the completion of the ditch take proceedings as aforesaid for the reconsideration of the agreement or award under which such ditch was constructed for the purpose of remedying the defect in that particular respect. 3'J'. No action, suit or other proceeding shall lie or be had^°^°^;^'' or taken for a mandamus or other order to enforce or compel etc., not to the performance of an award or completion of a ditch made^^ under this Act but the same shall be enforced in the maimer provided for by this Act. 38. In carrying into effect the provisions of this Act the Use of forms forms set forth ia the schedule hereto may be used and the same or forms to the like effect shall be deemed sufficient for the purposes mentioned ia the said schedule. 39. Where it is desired to construct a ditch through lands Application .•111- ''Tx to works in not mcluded m a mumcipality an owner may commence pro- unorganized ceedings under this Act by filing with the Miaister the declaration *^™*°'y of ownership referred to ia section 5 hereof and in such case or in case a ditch commenced in a municipality is to be extended into or through lands not included in any municipality the Minister shall with respect to such lands have all the powers and perform all the duties invested ia or devolving upon a council or secretary with respect to lands in a municipality and all the provisions of this Act shall mutatis mutandis apply to work in such unorganized territory. SCHEDULE. FORM A. (Section 5.) Declabation op Ownership. In the matter of The Private Ditches Act and in the matter of a ditch in Town- ship in Range west of the Meridian, in the Province of Alberta. 1, of in the Province of Alberta do solemnly declare and 1323 1913 Cap. 6 PRIVATE DITCHES (Ist Seas.) aflSrm that I am the owner within the meaning of The Prwaie Ditches Act of the quarter {or as the case may be) of Section in Township in Range west of the Meridian, in the Province of Alberta, being (describe the nature of ownership). Solemnly declared and affirmed before me") at in the Province of Alberta this day of 19 A Commissioner for Oaths, J. P., or N.P., or Secretary of Municipality. FORM B. (Section 6.) Notice to Owners op Land Affected bt Proposed Ditch. Alta., 19. To Sir,— I am within the meaning of The Private Ditches Act the owner of the quarter (or as the case may be) of Section in Township in Range west of the Meridian, in the Province of Alberta, and as such owner I require a ditch to be constructed (or if for reconsideration of agreement or award to deepen, widen or otherwise improve the ditch, state the object) ioi the draining of my land under the said Act. The following other lands wiU be affected (here set out the other parcels of land and the name of the owrur in each case, also each road and the municipality within which it is situaled) . I hereby require that you as owner of the said (deserve his land) wiU attend at (state place of meeting) on the day of 19 at the hour of o'clock in the noon with the object of agreeing if possible on the respective portions of the work and materials to be done and furnished by the several owners interested and the several portions of the ditch to be maintained by them. Yours, etc., Name of Owner. FORM C. (Section 7.) Agreement of Owners. Alta., 19... Whereas it is found necessary that a ditch should be constructed (or deepened, or umdened, or otherwise improved) imder the provisions of The Private Ditches Act for the draining of the following lands (and roads if any): (here describe each pared of land and give name of owner, including applicant's oum land and also roads and the municipality within which sit^wied): Therefore, we the owners within the meaning of the said Act of the said lands (and if roads proceed and the mayor, overseer or reeve of the said municipality on behalf of the council thereof) do agree each with the other as follows: That a ditch be constructed (or as the case may be) and we do hereby estimate the cost thereof at the sum of $ and the ditch shall be of the following description (here give point of commencement, course and determination, its depth, bottom and top, width arid other partuMlars as agreed upon; also any bridges, culverts or catch basins, etc., required). Ij ■ • •. owner of (describe the lands) agree to (here give portion of work to be done or material to be supplied) and to complete the performance thereof on or before the day of 19 1324 PRIVATE DITCHES Cap. 6 1913 (iBt Seas.) I , owner of, etc., (as above and so an vdth all the owners and the whole ditch). That the ditch when constructed shall be maintained as follows: I , owner of (describe his lands) agree to maintain the portion of the ditch from (state point of commencement) to (state the point of termination of his portion). Ii , owner of, etc. (as above and so on with the owners and the whole ditch). To he signed here by all the owners. Signed in the presence of \ FORM D. (Sedion 11.) Requisition for the Examination by Engineek. Alta 19 To (Name of Secretary). Secretary of (P.O. Address). Sir,— I am within the meaning of The Private Ditches Act the owner of the. .'.... quarter (or as the case may be) of Section in Township in Biange west of the Meridian, in the Province of Alberta, and as such I require to construct (deepen, widen or otherwise improve as needed) a ditch under the provisions of the said Act for the drainage of my said land, and the following lands and roads will be affected: (here describe each parcel of land to be affected as in the notice for the meeting to agree and state the name of the owner thereof) and the said owners having met and failed to agree in regard to the same I request that an engineer to be appointed by the municipaJity for the purpose of the said Act be asked to appoint a time and place in the locality of the proposed ditch at which he shall attend and examine the premises, hear any evidence of the parties and their witnesses and make 'his award under the provisions of the said Act. Signature of party applying. FORM E. (Section 12 (3).) In the matter of The Private Ditches Act. I, of . .' in' the Province of Alberta (engineer or surveyor) make oath and say (or do solemnly declare and affirm) that I will to the best of my skill, knowledge, judgment and ability honestly and faithfully and without fear of, favour to or prejudice against any owner or owners perform the duties from time to time assigned to me in connection with work under The Private Ditches Act and make a true and just award thereon. Sworn (or solemnly declared and affirmed) ' before me at in the Province of Albertaj this day of 19 A Commissioner for Oaths, J. P., N.P., or Secretary of Municipality. 1325 1913 Cap. 6 ' PRIVATE DITCHES (1-st Sess.) FORM F. (Seaim 13.) Notice op Appointment for Examination by Engineer. Alta., 19.... To (Name of ovmer). (P.O. Address). Sir,— You are hereby notified that has been appointed engiaeer for the purposes of The Private Ditches Act and has in answer to my requisition fixed the hour of o'clock in the noon of day the day of 19 at in the Province of Alberta as the time and place for examining the premises and site of the ditch required by me to be constructed under the provisions of the said Act (or as the case may be) and you as owner of lands affected are required to attend with any wit- nesses that you may desire to have heard at the same time and place. Yours, etc., Signature of Applicant. FORM G. (Section 15 (2).) Award op Engineer. I, , the engineer appointed by the council of {dty, town, village, rural nvmicipcdity or local improvement district, as the case may be) under the provisions of The Private Ditches Act having been required so to do by the requisition of owner of the quarter {or as the case may be) of Section in Town- ship in R^ge west, of the Meridian, in the Province of Alberta, filled with the secretary of said mimicipality and representing that he requires certain work to be done under the provisions of the said Act for the drainage of the said land and that the following other lands (and roads, if any) wiU be afifected (here set out the other parcels of lands or roads affected as in the requisition) did attend at the time and place named in my notice in answer to said requisition and having examined the locality (and the parties and their witnesses if such be the case) find that the ditch (or the deepening or widening of a ditch) is within the said Act and is required. The location, description and course of the ditch and its point of commence- ment and termination are as follows: (Here describe the ditch as to all above particulars.) The said work will affect the following lands (and roads, if any). (Here set forth and describe the lands and state the owners.) I do therefore award and apportion the work and the furnishing of material among the lands (and roads, if any) affected and the owners thereof according to my estimate of their respective interests in the said work as follows: 1. (Name, ovmer and description of his land) shall make and complete (here fix the point of commencement and ending of his portion)' and shaU furnish the following material (state what material) all of wmch according to my estimate wiU amount in value to $ ' and I fix the time for the performance of such work and providing such material at not later than the day of 19 2. (Name of owner and description of land and so on as dbcme to the end.) I do further award and apportion the maintenance of the ditch as follows: 1. (Name of owner and description of land) shaU maintain (here state point of commencement and ending of his portion). 2. (Name of owner, etc., as above.) 3. (Name of owner, etc., as above) shall receive $ as compensation for damages which shall be borne and paid as follows: (State by whom and by what lands respectively). 1326 PRIVATE DITCHES Cap. 6 1913 (1st Ses9-) My fees and the other charges attendant upon and for making this award are Qiere give fees and other charges in detail) amounting in all to $ -which shall be borne and paid as follows: (State by whcym and by what lands respectively). Witness: Signature of Engineer. FORM H. (Section 28.) Cbetificatb op Enginder. To , Secretary of I hereby certify that has furnished the material and completed the work (as the case may be) which under my award made in accordance with the provisions of The Private Ditches Act and dated the.. day of 19 , one owner of the quarter (or as the case may be) of Section in Township in Range west of the Meridian, in the Province of Alberta, was adjudged to jfumish or perform and having failed to furnish or perform the same, it was subsequently let by me to the said for the sum of $ and as he has now completed the furnish- ing and performance thereof he is entitled to be paid the said amount. I further certify that my fees and charges for my services rendered necessary by reason of such failure are (give items) amounting to $ and said amount payable to the said contractor and my said fees and charges are chargeable on (describe land to be charged theremth) under the provisions of The Private Ditches Act. Dated this day of 19 Signature of Engineer. 1913 (first session) CHAPTER 7. An Act to amend Chapter 3 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act respecting Rural Municipalities." (Conseilidaied in Chapter 3, 1911-12.) 1913 (first session) CHAPTER 8. An Act to amend Chapter 2 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act re- specting Towns." {Consolidated in Chapter 2, 1911-12.) 1327 1913 (fihst session) CHAPTER 9. An Act to amend the Statute Law. {Consolidated in the various Acts.) 1328 1913 (first session) CHAPTER 10. An Act to regulate the Purchase, Sale and Transfer of Stocks of Goods in Bulk. (Assented to March 25, 1913.) UIS MAJESTY, by and with the advice and consent of the * * Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as " The Bulk Saies Act of Alberta." short title 3. It shall be the duty of every person who shall bargain Purchaser of for, buy or purchase any stock of goods, wares or merchandise |*°'d5i^ in bulk, for cash or on credit, before closing the purchase of bulk to the same, and before paying to the vendor any part of the purchase vendor to° price, or giving any promissory note or notes, or any secxirity j^^ment for the said purchase price, to demand of and receive from such showing vendor, and it shall be the duty of each vendor of such goods SflTdebito to furnish to the purchaser a written stateinent, verified by°g^fi*^''by the statutory declaration of the vendor or his duly authorized statutory agent, or if the vendor is a corporation, by the statutory declara- tion of the president, vice-president, secretary-treasurer or manager of such corporation, which statement sha,ll contain the names and addresses of all the creditors of the said vendor, together with the amount of the indebtedness or liability due, owiag, payable or accruing due, or to become due and payable by said vendor to each of said creditors, which said statement and declaration may be in the form set forth in schedule A hereto, or to a like effect. 3. Whenever any person" sha,ll bargain for or purchase any n such stock of goods, wares or merchandise in bulk, for cash or on|'g*^^J°g^j, credit, and shall pay any part of the purchase price or execute not demanded or deliver to the vendor or to his order, or to any person f or sSe dT^e'd "* his use, any promissory note or other document for or on account and shilfL of the purchase price of said goods, or any part thereof, without void as •first having demanded and obtained from the vendor, or from oreXtora''* his agent, or if the vendor is a corporation from the president, °' '''^ ^™'^°' vice-president, secretary-treasurer or manager thereof, a written statement verified by statutory declaration purporting to be such as is provided for in the preceding section of this Act,, then such sale shall, in and with respect to any action or proceeding which within sixty days thereafter is brought, had or taken against such purchaser, to impeach or set aside such transaction, be deemed to be fraudulent and shall be absolutely void as against the creditors of the vendor, and every disposition made of the purchase money or of a note or other security given unless proceeds therefor by the purchaser shall be fraudulent and void as between ^l^^^ '" the purchaser and creditors of the vendor, unless' the wAoZelebS™*" 1329 1913 (1st Seas.) Cap. 10 BTTLK SALES Duty of purchaser in such case Distribution of money Fees of trust company of the proceeds of such sale, or sufficient thereof to satisfy the claims of all creditors of the vendor is in fact actually applied by the vendor in or towards payment of all his creditors, without giving any preference or priority to one' over another except such as is provided for by law or previous contract. (2) Where goods, wares and merchandise purchased in bulk contrary to the provisions of this Act are resold in bulk, and it appears to the court that the sale and re-sale were made for the purpose of evading this Act, the rights of the creditors of the original vendor hereimder shall be capable of enforcement against the person or persons in possession of such goods, wares and merchandise, in the same way as though they were still in the hands of the original purchaser. 4. Any such purchaser upon obtaining such written statement and statutory declaration shall either obtain the written waiver hereinafter referred to, from the creditors of the vendor, or shall pay the whole of his purchase money or sufficient thereof to satisfy the claims of all the creditors of the vendor, or deliver his promissory note or notes or other documents securing the same, or part thereof, iato the hands of an official assignee, for distribution pro rata among the creditors of the said vendor, subject to any preferences provided for by law or by previous contract. Such distribution shall be made in like manner as moneys are distributed by an official assignee under The Assign- ments Act, and all the provisions of The Assignments Act relating to meetings of creditors, advertising for creditors and proof of claims shall apply to proceedings had by an official assignee under this section. The fees of any such official assignee shall not exceed 3 per cent, of the total proceeds of such sale ■which shall come to his hands, and shall together with any disbursements be paid bv b'^ing deducted out of the moneys to be received by the said creditors and shall in no event be charged to the debtor; provided fvuiiher that from and after the fumislnng of such declaration no preference or priority shall be obtainable by any creditor by attachment or garnishing process or otherwise. Consequence if purchaser fails to carry out require- ments of Act What to be deemed "a sale in bulk" 5. If such purchaser upon receiving such written statement and statutory declaration shall fail to observe the requirements of the last preceding section without obtaining the written waiver from creditors hereinafter referred to, then such purchaser shall be liable to the creditors of the vendor in the amount of the purchase price or such portion thereof as is not or has not been paid or applied in or towards payment of all the creditors of the vendor pro rata without giving any preference or priority to one over another, except such as is provided by law or previous contract. 6. Any sale or transfer of a stock of goods, wares or merchandise, out of the usual course of business or trade of the vendor, or whenever substantially the entire stock-in-trade of the vendor shall be sold or conveyed, or whenever an interest in the business or trade of the vendor is sold or conveyed, or attempted to be sold and conveyed, such sale, transfer or conveyance shall be deemed "a sale in bulk" within the meaning of this Act; provided, however, that if the vendor produces and delivers to the vendee 1330 BULK SALES Cap. 10 1913 (1st Seas.) a written waiver of the provisions of this Act from his creditors, if ''^i^^^.^j representing fifty per cent, in number and value of the claims produJai, "" as shown by said written statement, then the provisions of this^°*»^^^ Act shall not apply. This Act shall only apply. to sales by traders and merchants o^y^J;^ and merchants Persons who as their ostensible occupation buy and defined as follows (a) - - , sell goods, wares and merchandise, ordinarily the subject of trade and commerce; (&) Commission merchants; (c) Manufacturers. 8. Nothing in this A.ct contained shall apply to or affect anyP®^^™ sale by executors, administrators, receivers, assignees for thea£feoted benefit of creditors or any public official acting imder judicial process. SCHEDULE A. Statement showing names and addresses of all creditors of. Name of Creditors Post Office Address Nature of indebtedness Amount When due Statutoby Declakation. I, .of in the Province of Alberta, do solemnly declare that the above is a true and correct statement of the names and addresses of aU creditors, and shows correctly the amount of the indebtedness or liabihty due, owing, payable or accruing due, or to become due, and payable by to each of said creditors. (If the dedaration is made by an agent add) I am the duly authorized agent of the vendor and have a personal knowledge of the matters herein declared to. Or, if the vendor is a corporation — I, of in the Province of Alberta, do solemnly declare that the above is a true and correct statement of the names and addresses of aU the creditors of the company, and shows correctly the amount of the iudebtedness or liability due, owing, payable or accruing due, or to become due and payable by such company to each of said creditors, and that I am the of the said company, and have a personal know- ledge of the matters herein declared to. And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at the 1 of In the Province of Alberta, this ( day of A.D. 19 J A Commissioner, etc. 1331 Short title 1913 (first session) CHAPTER 11. An Act respecting Schools of Agriculture. {Assented to March 25, 1913.) I-IIS MAJESTY, by and with the advice and consent of the ■*^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOBT TITLE. 1. This Act may be cited as " The Agricultural Schools Act." INTERPRETATION. Interpretation 3. Inthis Act xmlcss the context otherwise requires — . 1. The expression "school" means a school for the purpose of teaching practical and scientific farming, household economy, domestic science and such other subjects as the Board may prescribe; 2. The expression "Minister" means the Minister of Agri- culture; 3. The expression "Board" means the Board of Agricultural Education. Establishing schools Teaching stafi ESTABLISHMENT AND ORGANIZATION. 3. A school may be established in coimection with each of the demonstration farms, now owned or hereafter acquired by the province, or at such other point or points within the province as may be decided upon by the Lieutenant Governor in Council. 4. The Lieutenant Governor in Council shall appoint the teaching staff for each school and shall fix the salary of the respective members of the staff. 5. The Department of PubUc Works shall erect, furnish and equip the necessary buildings for the schools. 6. Except as herein otherwise provided the Minister shall have charge of the govenunent, conduct, management, and control of the schools and of the property, revenues, business and affairs thereof. THE BOARD. MM^ist'of '■ "^^^^^ ^^^^^ ^^ ^^^ ^s hereby constituted a Board of Agri- nine members cultural Education to be composed of nine members, three of whom shall be graduates of an Agricultural College, to be appointed 1332 AGRICULTTJBAIi SCHOOLS Cap. 11 1913 (Ist Sess.) by the Lieutenant Governor in Council; and of the first appointed members of the Board, three shall be appointed to hold office for one year, three for two years, and the remaining three for three years, and each of them imtil his successor is appointed. All members of the Board subsequently appointed except as provided for in section 13 shall hold office for three years. 8. No person shall be eligible for appointment as a member DisqvaU- of the Board unless he is a British subject and a resident of this^°**'°"° province. 9. One of the members of the Board shall be appointed by chairman the Lieutenant Governor in Coimcil to be chairman thereof. 10. The Board may appoint one of its members to be vice- Appointment chairman, and in the absence or illness of the chairman, or ofot^r^n there being a vacancy in the office of chairman, the vice-chairman shall act for and have all the powers of the chairman. (2) In the absence or illness of the chairman and vice-chairman, the Board may appoint one of its members to act as chairman for the time being, and the member so appointed shall act for and have all the powers of the chairman. (3) All acts which lawfully might have been done by the chairman, when done by the vice-chairman or by a chairman appointed for the time being shall be conclusively deemed to have been lawfully done, and it shall not be necessary to prove that any of the causes mentioned in subsection 1 for the vice- chairman acting or that any of the causes mentioned in subsection 2 for the appointment of a chairman for the time being in fact existed. 11. Unless and until otherwise provided by the Board five Quorum members thereof shall be necessary to constitute a quonun. T exercise 13. Notwithstanding any vacancy in the Board, as long as six members there are at least six members thereof it shall be competent forpo^ei the Board to exercise all or any of its powers. 13. If a member of the Board, after his appointment, ceases to be a resident of the province, or otherwise becomes incapable of acting as a member of the Board, he shall ipso facto vacate his office, and a declaration of the existence of such vacancy entered upon the minutes of the board and confirmation of such declaration by the Lieutenant Governor in Council shall be conclusive evidence thereof. 14. In the case of a vacancy in the Board caused by resignation raung, or otherwise which shall happen before the term of office for™"™"'®" which a member has been appointed has expired, the vacancy shall forthwith be filled by the appointment by the Lieutenant Governor in Council of a successor to the member who has died, or resigned, or otherwise ceased to be a member, who shall hold office for the remainder of the latter's term of office. 15. The Board, together with the Minister, shall prepare the Duties of scheme of practical and scientific work to be done by students ''""'^ 1333 1913 (1st Sess.) Cap. 11 AGHICrDlTUIlAL SCHOOLS attending each and every school, shall prescribe the courses of study, appoint examiners, and shall in addition be an advisory board to aid the Minister in all agricultural educational work. GENERAL. HegulatioDB 16. The Minister with the Board shall make all necessary regulations for the organization, classification, government and conduct of said schools. maintaining StabUshing !'?• The cost of erecting and fiu-nishing suitable buildings, and and of establishing, maintaining and conducting said schools shall be paid out of the general revenues of the province and such funds as may be available for agricultural education. 18. Every student attending the full course prescribed by the Board and satisfactorily complying with the requirements of the practical course as well as successfully passing the required written examinations shall be entitled to a diploma. 1334 1913 (first session) CHAPTER 12. An Act respecting Co-Operative Associations. (Assented to March 25, 1913.) IJIS MAJESTY, by and with the advice and consent of the •^ * Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Co-operative Associations short utu Act." 2. "Registrar" shall mean the Registrar of Joint Stock Com- interpretation panics for the Province of Alberta; "Association" shall mean any association incorporated under this Act. •3. The registrar shall have and exercise the powers by this Power of Act granted to such registrar, and shall receive all fees payable [§tot*8took to him, and shall have all the powers given him and perform <=°™p'™'«s all the duties prescribed by this Act with reference to any association. 4. Any seven or more persons who desire to associate them- Procedure selves together as an incorporated association under this Act, inoo*^OTatipn for the purpose of carrying on any labour, or fulfilling the "/^J^^jooia- requirements of any contract or tmdertaking by or on behalf tua Act of labourers, or for the purpose of conducting and carrying on any co-operative store or business, whether wholesale or retail, may, in the presence of a witness, sign in duplicate and cause to be filed in the office of the registrar a memorandum of association in writing (to which shall be attached an affidavit verifying the signatures) in the form mentioned in schedule A to this Act, or to the same effect, together with a copy of the rules or by-laws agreed upon for the regulation, government and management of the association, signed by such persons respectively. (2) The signatures to the rules or by-laws shall be verified by verification the affidavit of a subscribing witness thereto. of signatures (3) The said rules or by-laws shall contain provisions in respect of the following matters: (a) Mode of convening general and special meetings, and of altering rules or by-laws; (b) Provisions for the audit of accounts; (c) Power and mode of withdrawal of members, and pro- visions for the claims of executors or administrators of members; (d) Mode of apphcation of profits; 1335 1913 (let Seas.) Cap. 12 CO-OPERA.TIVE ASSOCIATIONS Corporate body when formed Evidence of incorporation Publication of memor- andum of association Rules and by-laws; repeal, amendment, etc., of Proviso (e) Appointment of trustees, in number three, five or seven, ^hose duties shall be to conduct and manage all the business of the association and who shall appoint a chairman and secretary, and, if ihey deem it advisable a manager or managers and other ofiicers whose respective duties they shall define and whose remimeration they shall fix; filHng any vacancy that from any cause may occur on the trustee board. (4) It shall be the duty of the registrar to carefully peruse the said rules and by-laws and, if considered workable, to receive and file the same and the memorandum of association, otherwise to return them to the subscribers. (5) Upon the filing of the memorandum of association and rules, or by-laws as aforesaid, and payment of the proper fees, the subscribers to the said memorandum of association shall become a body corporate by the name therein described, having perpetual succession and a common seal, with power to sue and be sued, plead and be impleaded, in all courts in the province, and to hold such lands as are required for the carrjdng on ol the business of the association. (6) The registrar shall endorse upon the duplicate memorandum of association, and upon a duplicate of the rules or by-laws, certificates of the originals having been filed in his office, with the date of filing; and every such endorsement shall be prima facie evidence of the facts stated therein, and of the iacorporation of the association. (7) The registrar shall cause the memorandum of association mentioned in schedule A to this Act to be advertised for four weeks, at the expense of the association, in The Alberta Gazette, and shall at the time of filing receive the charges provided for such advertising in^ schedule E to this Act. (8) All rules or by-laws of the association may be repealed, altered or amended by other rules or by-laws passed at any meeting of the association specially called for that purpose, or at any aimual meeting when at least thirty days' notice of such intention to repeal, alter, or amend such by-laws or rules has been given; provided that no new rule or by-law or amended rule or by-law, shall have any force or effect until a copy thereof, proved by the affidavit of the chairman or secretary of the board of trustees to be a true copy, of the rule or by-law, or rules or by-laws, passed by the association at a meeting specially called for the purpose of considering the same, has been received and after perusal has been found workable and has been filed by the registrar. Difiference . of name from existing associations "Limited" last word Head office, etc. 5. No association shall be registered imder a name identical with that by which any other existing association has been registered, or so nearly resembliag such name as to be likely to deceive the members or the public, and the word "Limited" shall be the last word in the name of any association registered imder this Act. 6. Any memorandum of association so to be filed may designate any one or more places where the business is to be carried on, but shall designate where the head office or principal place of business of the association shall be. 1336 CO-OPEEATIVE ASSOCIATIONS Cap. 12 1913 (let Seas.) 7. A member of an association incorporated imder this Act Number of may have shares therein to an amount mentioned in any by-law be"lidby of the association, but no member shall have more than one * '"^™''^'' vote. 8. The rules or by-laws of every association under this Act How rules shall bind the association and the members thereof to the same ^'■^^ membere extent as if each member had subscribed his name and aflBxed his seal thereto, and there were in such rules or by-laws a covenant on the part of himself, his heirs, executors and administrators, to conform to such rules or by-laws subject to the provisions of this Act. (a) All moneys payable by a member to an association imder Dues by a. this Act shall be a debt due from such member to the association, member and shall be recoverable as such in the District Court of the district in which the head office of the association is situate. Recovery of or in that of the district in which such member resides, at the option of the association. (&) Every association under this Act shall have a lien on Lien of shares the shares of any member for any debt due to it by him, and may set-off any sum credited to the member thereon in or towards payment of such debt. SHAKES AND CALLS. 9. The capital of every association under this Act shall be Denomination in shares of such denomination as may be mentioned in such°'°''"*^ rules or by-laws. 10. The shares may be payable by instalments, not exceeding shares, how twenty per cent, at such times and ia such manner as may be^""'"'''*^*'*'®*"'. mentioned in the rules or by-laws; but no member shall be entitled to draw more than his proportion of interest on the paid-up portion of his shares, and shares shall not be transferable unless the rules provide for their transfer. Members may from time withdrawal to time withdraw upon such terms as may be specified in the rules or by-laws; and the association may repurchase shares held by any member. 11. The liability of the shareholders shall be limited, thatLiabiuty is to say: No shareholder in any association under this Act °* °''*''*^ shall be in any manner liable for or charged with the payment of any debt or demand due by the association beyond the amount remaining uncalled and unpaid of the face value of his share • or shares subscribed for; and any shareholder having fully paid up the amount of his said share or shares shall be absolved from all further liability. 12. All elections shall be by ballot, and each member shall Elections be entitled to one vote only. 13. In case it happens at any time that an election of trustees Elections is not made on the day designated in the rules or by-laws of J"*™*''/^ ^^ the association when it ought to have been made, the association shall not for that reason be dissolved, but an election may be held on any other day in such manner as may be provided for in the rules or by-laws, or at a general meeting of the members 1337 1913 (1st Se39.) Cap. 12 CO-OPEHATIVE ASSOCIATIONS to be specially called for that purpose, due notice being given of such election as in the rules provided for calling a general meeting; and all acts of trustees, until their successors are appointed, shall be valid and binding. DUTIES AND OBLIGATIONS OF ASSOCIATIONS. Duties and obligations Head office Association name Accounts, audit of Annual return Inspection of books by members 14. With respect to the duties and obligations of associations under this Act, the following provisions shall have effect: (1) Every association shall — (a) Have a head office to which all communications and notices may be addressed, and at which all process may be served, and send to the registrar notice of the situation of such office, and of every change therein; (&) Paint or affix, and keep painted or affixed, its name on the outside of every office or place in which the business of the association is carried on, in a conspicuous place, in letters easily legible; and have its name engraven in legible characters on its seal; and have its name mentioned in legible characters in all notices, advertise- ments, and other official publications of the association, and in all bills of exchange, promissory notes, endorse- ments, cheques, and orders for money or goods purporting to be signed by or on behalf of such association, and in all bills of parcels, invoices, receipts, and letters of credit of the association; (c) At the close of every year submit its accounts for audit to two or more persons appointed as the rules or by-laws of the association provide, who shall have access to all the books and accounts of the association, and shall examine the general statement of the receipts and expenditures, funds and effects of the association, and verify the same with the accounts and vouchers relating thereto, and shall either sign the same, as found by them to be correct, duly vouched, and in accordance with law, or specially report to the association in what respect they found any entry or account incorrect, unvouched, or not in accordance with law; (d) In the month of January in every year send to the registrar a general statement (to be called the annual return) of the receipts and expenditure funds and effects of the association as audited, which shall show separately the expenditure in respect of the several objects of the association, and shall be made out to and inclusive of the thirty-ffi-st day of December then last past, and shall state the name, address and calling or profession of each such auditor, and the maimer in which, and the authority under which, he is appointed, and together therewith shall send a copy of the auditor's report; (e) Allow any member or person having an interest in the fimds of the association to inspect the books and the names of the members at all reasonable times, at the head office of the association, or at any place where the same are kept, subject to such regulations as to 1338 CO-OPEKATIVE ASSOCIATIONS Cap. 12 1913 (1st Seas.) the time and manner of sucli inspection as may be made from time to time by the general meetings of the association, except that no such ihember or person, miless be be an officer of the association, or be specially authorized by a resolution thereof, shall have the right to inspect a loan or deposit account of any other member without the written consent of such member; (/) Supply gratuitously to every member or person Annual returns interested in the funds of the association on his appli-free^''""'''^'' cation, a copy of the last aimual return of the association for the time being; (g) Keep a copy of the last balance sheet for the time being, a^™°|iJor°* together with the report of the auditors, always hung report to up in a conspicuous place in the head office of the ^oiSpfraousiy ' association. (2) It shall be an offence against this Act if any association ^Ji»* , \ ,■• • I, . ° "^ constitutes under this Act — offences (a) Fails to give any notice, send any return or document, or do, or allow to be done, any act or thing which the association is by this Act required to give, send, do or allow to be done; (fe) Wilfully neglects or refuses to do any act, or to furnish any information required for the purposes of this Act by the registrar, or other person authorized imder this Act, or does any act or thing forbidden by this Act; (c) Makes a return, or wilfully furnishes information, in any respect false or insufficient. (3) Every offence by an association under this Act shall be^f^^"™-^" deemed to have 'been also committed by every officer of the committed same bound by the rules thereof to fulfil the duties whereof such offence is a breach, or if there be no such officer, then by each of the trustees, unless such member or trustee be proved to have been ignorant of or to have attempted to prevent- the commission of such offence; and every act and default under this Act constituting an offence, if continued, shall constitute a new off^cte in every week during which the same continues. (4) Every return and other document ri^quired for the purposes Retum, of this Act shall be made in such form, and shall contain such*°™°' particulars, as the registrar requires and prescribes. (5) All docimients by this section required to be sent to the J^l*^*^^'' registrar shall be deposited with the rules or by-laws of the receipt of association to which the same respectively relate, and shall'*'""™'™** be registered or recorded by the registrar, with such observations thereon, if any, as he shall see fit. PRIVILEGES. 15. A member of an association not being imder the age 0^^°™°!?'°" sixteen years, may, by writing imder his hajad, delivered at orltai^win sent to the he^d office of the association, nominate any person '^''^^ °' "^^*'' not being an officer or servant of the association, unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew or niece of the nominator, to whom his shares in the association shall be transferred at his decease, and may from time to time revoke or vary such nomination by writing 1339 1913 (1st Seas.) Book to be kept Cap. 12 CO-OPERATIVE ASSOCIATIONS To whom shares belong in case of death Transfer to such person valid Lunacy of member Minor may be a member Promissory notes, etc., of association Register prima facie evidence of particulars therein under his hand, similarly delivered or sent, but not otherwise; and every such association shall keep a book wherein the names of all persons so nominated shall be regularly entered, and the shares comprised in any such nomination shall be transferable to the nominee, although the rules of the association declare its shares to be generally not transferable; and on receiving satisfactory proof of the death of a nominator the trustee shall either transfer the shares in manner directed on such nomination, or pay to every person entitled thereunder the full value of his interest at their option. (2) If any member of an association entitled at his death to an interest in the association dies intestate, ajid without having made any nomination under this Act which remains imrevoked at his death, such interest shall be transferable or payable, without letters of administration to or among the persons who appear to a majority of the trustees upon such evidence as they may deem satisfactory, to be entitled by law to receive the same. (3) Whenever the trustees, after the decease of any member, make any payment or transfer to any person who at the time appears to them to be entitled under this section, the payment or transfer shall be valid and effectual against any demand made upon the committee or the association by any other person. (4) Where a member or person claiming through a member of an association is insane, and no committee of his estate or trustee of his property has been duly appointed, the association may, when it is proved to the satisfaction of the trustees that it is just and expedient so to do, pay the amoimt of the shares, loans and deposits belonging to such member or person to any person whom they shall judge proper to receive the same on his behalf, whose receipt shall be a good discharge to the association for any sum so paid. (5) A person under the age of twenty-one, but above the age of sixteen, may be a member of an association unless provision be made in the rules or by-laws thereof to the contrary, and may, subject to the rules or by-laws of the association, enjoy all the rights of a member (except as herein provided), and execute all instruments, and give all acquittances necessary to be executed or given under the rules or by-laws, but shall not be a member of the committee, trustee, manager, or treasurer of the association. (6) A promissory note or bill of exchange shall be deemed to have been made, accepted, or endorsed on behalf of any association tmder this Act, if made, accepted or endorsed in the name of any such association, or by or on behalf or account of the association by any person acting under authority of the association. (7) Any register or list of members or shares kept by any association under this Act shall be prima facie evidence in any court of any of the following particulars entered therein: (a) The names, addresses and occupations of the members, the number of shares held by them respectively, the numbers of such shares, if they are distinguished by numbers, and the amount paid, or considered as paid, on any such share; 1340 CO-OPERATIVE ASSOCIATIONS Cap. 12 1913 (1st Seas.) (6) The date at which the name of any person, company or association was entered in such register or list as a member; (c) The date at which any such person, company, association ceased to be a member. CONTBACTS. 16. Contracts on behalf of any association under this Act *^°°*''*''*^ may be made, varied or discharged as follows: (a) Any contract which, if made between private persons, By special to would be by law required to be in writing and under seal, may be made on behalf of the association in writing under the common seal of the association, and may in the same manner be varied or discharged; (&) Any contract which, if made between private persons, oinSaots would be by law required to be in writing signed by^«[8 the persons to be charged therewith, may be made requisite on behalf of the association in writing by any person '"' °'**"*^ acting under the authority of the association, and may in the same manner be varied or discharged; (c) Any contract which, if made between private persons, s™p^^^ would be by law valid, though made by parol only, and not reduced into writing, may be made on behalf of the association by a writing not under seal, signed by any person acting imder the authority of the association; (d) A signature purporting to be made by a person holding signature any office in the association shall 'prima facie be taken °' °^'^^ to be the signature of a person holding, at the time when the signature was made, the office so stated. And all contracts which may be or have been made, varied or discharged according to the provisions herein contained, shall, so far as concerns the form thereof, be effectual in law and binding on the association, and all other parties thereto. PEOPEKTT AND FUNDS. 17. With respect to the property and funds of associations Associations under this Act, the following provisions shall have effect: ™^^ (1) An association may (if its rules do not direct otherwise) feafirfth land hold, purchase, or take on lease in its own name any land and may sell, exchange, mortgage, lease or build upon the same, and no purchaser, assignee, mortgagee or tenant shall be bound to inquire as to the authority for any such sale, exchange, mort- gage or lease by the association, and the receipt of the association shall be a discharge for all moneys arising from or in connection with such sale, exchange, mortgage or lease. (2) The rules may provide for the advancing of money by Advance the association to members on the security of real or personal on re™''" property. security (3) An association may, if its rules so allow, invest any part invest in of its capital in the shares or on the security of any other ^"""^^ association or corporation registered imder this Act, or under any Act relating to Joint Stock Companies for the time being in force in this province, or incorporated by Statute; provided 1341 1913 (Ist Sess.) Other corporations may acquire ita shares Apply its profits lawfully Satisfaction of mortgage and other debts Cap. 12 CO-OPERATIVE ASSOCIATIONS Security to be given by officials that no such mvestment be made in the shares of any association or corporation other than one with limited liabiUty; and an association so investing may make such investment in its registered name. (4) Any other body corporate, may, if its regulations permit, hold shares by its corporate name in an association under this Act. (5) The profits of the association may be apphed to any lawful purpose. (6) A receipt under the hand of the chairman of the board of trustees of any association under this Act, countersigned by the secretary, in the form contained in schedule B to this Act, or in any form specified by the rules of the association, or any schedule thereto, for all moneys secured to such association by any mortgage or other assurance, endorsed upon or aimexed to such mortgage or other assurance, shall, when registered in the proper office, vacate the same, and shall vest the property therein described in the person entitled to the equity of redemption of the same without any conveyance, and a registrar imder The Land Titles Act shall accept such receipt, provided the same is in the form required by The Land Titles Act as satis- factory proof of the satisfaction of the mortgage or other assurance. 18. Every person appointed to an office touching the receipt, management or expenditure of money, or with the receipt of goods, wares or merchandise for the purposes of an association under this Act, shall, before entering upon the duties of his office, give such security, as is deemed sufficient by the trustees, which security may be varied in amount or renewed from time to time, and may be in the form contained in schedule C to this Act. toTe"Sttied ^^- Evcry dispute between any member or members of an by arbitration associatiou Under this Act, or any person claiming through or xmder a member, or imder the rules or by-laws of the association, and the trustees, treasurer, or other officer thereof, shall be decided by arbitration in manner directed by the rules or by-laws of the association, and the decision so made shall be binding and conclusive on all parties without appeal, and application for the enforcement thereof may be made to the District Court. Special resolutions Special resolution defined 30. With respect to special resolutions by associations under this Act, and to the piroceedings which may be taken by virtue thereof, the following provisions shall have effect: (1) A special resolution is one which is passed by a majority of not less than three-fourths of such members of an association for the time being entitled under the rules to vote, as may be present in person or by proxy (where the rules allow proxies) at any general meeting, of which notice specifying the intention to propose such resolution has been duly given according to the rules, and which resolution is confirmed by a majority of such members, for the time being entitled under the rules to vote, as may be present in person or by proxy at a subsequent general meeting, of which notice has been duly given, held 1342 CO-OPERATIVE ASSOCIATIONS Cap. 12 1913 (1st Seas.) not less than fourteen days and not more than one month from the day of the meeting at which such resolution was first passed. (2) An association may, by special resolution, change its change of name, but no such change shall affect any right or obhgation """"^ of the association, or of any .member thereof, and any pending legal proceedings may be continued by or against the association, notwithstanding its new name. (5) Any two or more associations imder this Act may, by Amalgamation special resolution of both or all such associations, become amal- gamated together as one association, with or without any dissolution or division of the funds of such association, or either of them; and any association may, by spe.cial resolution, transfer its engagements to any other registered association, which may undertake to fulfil the engagements of such association. (4) No amalgamation or transfer of engagements shall prejudice any right of a creditor of any association which is a party thereto; (5) A copy of every special resolution for any of the purposes Eegistration mentioned in this section, si^ed by the chairman of the meeting JctXSoL and countersigned by the secretary, shall be sent to the registrar and registered, and ^until such copy is so registered such special resolution shall not take effect. 31. An association tmder this Act may be dissolved by consent Dissolution ~ of three-fourths of the members, testified by their signatures to °' ^'™'**'°° an instrument of dissolution. (a) The instrument of dissolution shall set forth the liabilities and assets of the association in detail, the number of members, and the nature of their interests in the association respectively, the claims of creditors (if any), and the provisions to be made for their payment, and the intended appropriation or division of the fimds and property of the assqciation, unless the same be stated in the instrument of dissolution to be left to the award of the registrar. (b) A statutory declaration shall be made by the chairman and the secretary of the board of trustees that the provisions of this Act have been complied with, and shall be sent to the registrar with the instrument of dissolution. (c) The registrar shall cause a notice of the dissolution to be advertised, at the expense of the association, in The Alberta Gazette, and in some newspaper circulating in the district in which the head office of the association is situated. 32. In case of a dissolution of an association, under this Act, Alter the association shall nevertheless be considered as subsisting ^^°^"^°° and be in all respects subject to the provisions of this Act, so subsists long' and so far as any matters relating to the same remain MoeJaMy unsettled, to the intent that the association may do all things *'"""'^ "^ necessary to the winding up of the concerns thereof; ajid may sue and be sued under the provisions of this Act, in respect of all such unsettled matters. 33. Any one guilty of an offence under this Act shall, on offences the complaint of the association or any member thereof, or of 1343 1913 (1st Sess.) Penalty Cap. 12 CO-OPEBATIVB ASSOCIATIONS the registrar, be liable, on summary conviction before any two justices of the peace, or any magistrate having the powers of two justices imder The Summary Convictions Act, to a penalty not exceeding one hundred dollars and costs. offrarby™ ^^' ^^^ ^®^s which may be received by the registrar under registrar Or by virtue of this Act shall be paid by him into and form part of the general revenue fund. 35. The registrar shall, upon the written rfequest of any person and the payment of the fees mentioned in schedule E, prepare a set of rules or by-laws for the regulation, government and management of any proposed association under this Act, provided the said person outliiie to the registrar the aims, object and business of said proposed association. SCHEDULE A. {SeUum 3.) rOHM OP MEMORANDtTM OP ASSOCIATION. We (insert the name, aMition and address o/ each svbscriber), do hereby express our desire to form an association under the provisions of The Co- operative Associations Act. The corporate name of the association is to be (insert name oj assodaiion). Limited, and the objects for. which the association is to be formed are (insert ohjeds for which association is formed) ; the number of shares is to be unlimited; and the capital is to consist of shares of (insert amount of shares') each, or of such other amount as shall from time to time be determined by the rules or by-laws of the association. The number of , the trustees who shall manage the concerns of the a^ociation shall be (insert the number of. trustees), and the names of such trustees, until their successors are appointed under the rules or by-laws of the association to be formed, are (insert names), and the name of the place where the head office is situate is (insert name). Dated the : day of : . . . Witness: (Signatures.) SCHEDULE B. EECEIPT OP ACKNOWLEDGMENT OP PATMENT OP MORTGAGE OR OTHER ENCUM- BRANCE. Schedule B I, CD., the mortgagee (encumbranoee or assignee, as the case may be) do acknowledge to have received all the moneys due or to become, due under the within mortgage (or encumbrance, as the case may be) and that the same is wholly discharged. In witness whereof I have hereunto subscribed my name this day of 19 Signed by the above named CD., in the] presence of .- > I (Signaturis.) SCHEDULE C. PORM OP BOND. Know all men by these presents, that we, A.B., of ' ., one of the officers of the Association, Limited, 1344 CO-OPEEATIVE ASSOCIATIONS Cap. 12 1913 (1st SesB.) established at , in the district of , in the Province of Alberta, and CD., of , (as surety on behalf of the said A.B!) are jointly and severally held and firmly bound to the said aBsooiation in the sum of to be paid to the said association, or their attorney, for which payment well and truly made, to be made, we jointly and severally bind ourselves, and each of us, and each of our heirs, executors and administrators firmly by these presents. Sealed with our seals. Dated the '. day of Whereas, the above bounden A.B., has been duly appointed to the office of of. the association, established as aforesaid, and he together with the above bounden CD., as his surety, have entered into the above written bond, subject to the condition hereinafter contained: Now, therefore, the condition of the above written bond is such that the said A.B. do render a just and true account of all moneys received and paid by him on account of the said association, at such times as the rules or by-laws thereof appoint, and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all property (including books and papers) belonging to the said association in \as hands or custody to such person or persons as the said association or the trustees thereof appoint, according to the rules or by-laws of the said association, then the above written bond shall be void, otherwise it shall remain in full force. In witness whereof we have hereunto set our hands and seals this day of 191 .. . Signed, sealed and delivered in the\ presence of ; SCHEDULE D. ACKNOWLEDGMENT OP BEGISTHY OF THE ASSOCIATION. The .: Association, Limited, having filed a duly executed Memorandum of Association and the rules {tyr by-laws) of the associa- tion, is registered under The Co-Operaiive Associations Act, tlus .day of (stamp of registrar.) SCHEDULE E. TABLE OF FEES TO BE PAID TO THE REGISTRAR UNDER THIS ACT. Filing application for registration $10. 00 Registrar filing by-laws or rules, or amended by-laws or rules 2. 50 Each search. 25 Every cancellation of registry .', ■ 2. 50 ■Piling any document ,, , \ ' 1 25 Every certificate 1 . 25 Piling change of name 2! 50 Advertising Certificate, Schedule A, in Gazette, four weeks 10. 00 Preparing a set of Rules or By-laws for any proposed association 10.00 1345 1913 (first session)' CHAPTER 13. An Act to incorporate the Alberta Farmers Co-operative Elevator Company, Limited. (Assented to March 25, 1913.) UIS MAJESTY, by and with the advice and consent of the •* * Legislative Assembly of the Province of Alberta, enacts as follows: Interpretation i_ Jq j^ijig ^(.^ the term "local" uiiless the context otherwise , requires means the body of shareholders who support an elevator organized and established at any point in the province, and the term "local board of management" means the board of managers elected at any meeting of such "local," according to the provisions of this Act. Incorporation Capital stbck Holdings Powers INCOKPOEATION, POWERS, ETC. 2. William J. Tregillus, of Calgary; Edward John Fream, of Calgary; Joseph Quinsey, of Noble; William S. Henry, of Bow Island; Rice Sheppard, of Edmonton; Edwin Carswell, of Red Deer, and Percy P. Woodbridge, of Calgary, all in the Province of Alberta, and all such. other persons as shall become shareholders of the company shall be and are hereby declared to be a body corporate and politic, under the name and style of "The Alberta Farmers Co-operative Elevator Company, Limited." 3. The capital stock of the company shall consist of such amount as shall from time to \ time be fixed by the Lieutenant Governor in Council and shall be divided into shares of sixty dollars each,' to be held only by agriculturists. 4. No person shall hold more than twenty shares and no assignment or transfer of any share shall be valid unless approved by the directors. 5. The company shall have power to construct, acquire by purchase, agreement, lease or otherwise, maintain and operate grain elevators and (subject to the provisions of the next succeediag section of this Act) to sell or lease to any company, or to make an agreement with any comp0,ny to control and operate grain elevators in the Province of Alberta (provided that no such • last mentioned sale, lease or agreement shall be valid or binding until it has first been submitted to all "locals" and has been approved by a majority of the total shareholders of the company actually voting upon such proposed sale, lease or agreement); to buy and sell grain and generally to do all things necessary 1346 FAKMEBS CO-OPEBATIVB ELEVATORS Cap. 13 1913 (let Sese.) to the production, storing and marketing of grain; to act as commission or general agents for any person, company or corporation in the purchase, sale, storing and delivery of any and all goods and chattels required by fcirmers; to acquire by purchase, agreement, lease, or otherwise, and to hold, any interest in real or personal property requisite for the purposes of the company, and to dispose of the same or any portion thereof. 6. Every sale, lease, agreement, or other arrangement made with any company for the control or operation of the said elevators imder authority of the next preceding section, shall be subject to the approval of the Lieutenant Governor in Coimcil, and its covenants, provisions and requirements shall be non- enforceable until such approval has been expressed, 7. The head office of the company shall be at Calgary, in Head office the Province of Alberta, or at any such other place in Alberta as the directors may from time to time determine by by-law. 8. Until directors are elected as hereinafter provided thePro™ionai , aforesaid WilUam J. Tregillus, Edward John Fream, Joseph*^""*"" Quinsey, William S. Henry, Rice Sheppard, Edwin Carswell, and Percy P. Woodbridge, shall be the provisional directors; and they or a majority of them are hereby empowered to take subscriptions for shares and to receive payments thereon, to . organize locals, to make all necessary payments for costs and expenses incident to the sale of shares, and the organization of locals and generally to perform all acts and things and pay all expenses necessary for the organization of the company. 9. The company shall not commence business imtil twenty commenoe.- locals.have been organized as hereinafter provided. b^ness 10. As soon as the conditions for the commencement of business First general as set out in the next preceding section have been complied™""'™^ with the provisional directors shall call the first general meeting of the company at the head office of the company by giving twenty days' notice of the holding of such meeting to each delegate, elected as hereinafter provided for; such notice to be given by registered letter; and at the said meeting a board of directors comprised of nine duly qualified shareholders shall be elected who shall be paid such remimeration as the meeting may determine. 11. At the first general meeting of the company three directors Directors shall be elected for three years, three for two years, and three for one year, and thereafter a sufficient number of directors shall be elected each year to fill the vacancies occurring on the board; and all directors elected annually subsequent to the first general meeting shall hold office for three years; provided that the shareholders at any general meetiag may by a resolution which shall receive three-fifths majority of the delegates voting thereon remove any director or all directors before the expiration of his or their period of office and may subsequently by an ordinary resolution appoint another shareholder or shareholders in his or their stead. The shareholder or shareholders so appointed shall 1347 1913 (lat Sess.) Gap. 13 FARMERS CO-OPERATIVE ELEVATORS Officers Persona entitled to vote Powers of directors hold office during such time only as the director or directors in whose place he or they (is, or) are appointed would have held the same if the said director or directors had not been removed. 13. Immediately after each annual meeting the directors shall meet and from among their niunber or otherwise they shall appoint a president, vice-president, secretary and treasurer, and shall by by-law describe and set out the duties of the various officers, fix the amount and mode of payment of the salaries of all officers, and, in the absence of by-laws passed by the shareholders may make by-laws for the manajgement and control of the property of the company, and the general conduct of its business. Any such by-laws, except those assigning the duties and fixing the salaries of officers shall be confirmed, amended or repealed at the annual meeting of shareholders succeeding their adoption by the directors. The remuneration of the directors gua directors shall be fixed by the shareholders in annual meeting assembled. 13. The persons entitled to vote at the first general meeting and at all subsequent general meetings of the company shall be the shareholders who have been elected delegates by the locals for that purpose under ,the provisions of section 20 hereof; each delegate shall have one vote; and excepting as provided in this section no shareholder shall vote at any meeting of the company on account of any shares held by him or otherwise and all acts done by a majority of the delegates at any meeting of the company shall be deemed to be the acts of the company. 14. The business of the company shall be managed by the directors who may affix the seal of the company and make all contracts on behalf of the company and may exercise all such powers of the company as are not by this Act required to be exercised by the company iu general meeting or as are not conferred by by-law of the company upon the local boards of maxiagement and any other powers not contrary to the provisions of this Act which may be conferred upon them by by-law of the company. Locals Capacity LOCALS. 15. When farmers owning or cultivating an annual graiu crop acreage of at least 6,000 acres tributary to any shipping point, prior to the first day of April in any year, in writing, request the directors to establish (whether by erection, purchase, lease or other mode of acquisition) an elevator (with sufficient store- room attached) at . said shipping point and subscribe for an amount of stock at least equal to the value of the- proposed elevator said elevator shall be established by the company in time to receive that year's grain and other farm produce and the company shall in that and succeeding years operate said elevator. 16. The directors shall not, without the consent of the Lieutenant Governor in Council, establish any local unless it 1348 FARMERS CO-OPERATIVE ELEVATORS Cap, 13 1913 (iBt SeM(.) appear to their satisfaction that the amount of shares held by the supporters of the proposed local is at least equal to the value of the proposed elevator and that the aggregate annual crop acreage of the said shareholders represents a proportion of not less than two thousand acres for each ten thousand bushels of elevator capacity asked for. 1915, c. 2, s. 22. 17. At any time during the course of the construction or during the time negotiations to acquire an elevator, or at any time subsequent thereto any person so desiring may subscribe for stock and become a member of a "local," provided he pays for his stock on the same terms as the original shareholders of the said "local." 1915, c. 2, s. 22. 18. At any time subsequent to the erection or acquisition of an elevator, any member or members of the "local" supporting said elevator may withdraw from said "local" and become members of any other "local," already organized or in course of organization; provided always that in so withdrawing the "local" from which they desire to withdraw is not so weakened as to fail to comply with the requirements of sections 15 and 16. 19. Twenty per cent, of the stock subscribed by shareholders Payment of desiring an elevator at any shipping point must be paid prior '""^ to the erection or acquisition by the company of such elevator, and the remaining eighty per cent, within four years from the date of subscription. A written notice by the secretary of the company sent by registered mail to any such shareholder shall be sufficient demand from such shareholder of payment of the amount mentioned in said notice, and barring error, the said amount shall be due and payable to the company on the day mentioned in said written notice; provided tl^t thirty days' notice must be given and not more than twenty per cent, of the amoimt of stock subscri|)ed by any shareholder shall be collectable iu one call; provided however, that the company may agree with any shareholder to accept payment of the said eighty per cent, of the amount of stock subscribed by him or any percentage thereof by way of a charge of an extra one cent per bushel over and above the regular charge for handling his grain. 30. Upon the erection or acquisition of an elevator at any Local board* shipping point and annually thereafter upon a date fixed by ^""^ '*^^*"'**'' by-law of the company a meeting of the shareholders supporting the said elevator shall be held at which all matters pertaining to the management, operation and maintenance of the elevator shall be reviewed and discussed and a local board of management consisting of five duly qualified shareholders supporting the said elevator, shall be elected to hold office vmtil their successors are appointed; and at the said meeting there shall be elected from among the shareholders supporting the said elevator, three delegates or such other number of delegates as the company may by by-law determine to attend the general meetings of the compSiiy. 1349 1913 (1st Sess.) Voting Power of local board Cap. 13 TABMERS CO-OPERATIVE ELEVATORS 31, At all meetings of the shareholders supporting any parti- cular elevator, each shareholder shall have one vote. 33. The local board of management shall have such powers and duties as shall be determined from time to time by by-law of the company or as may be delegated to them by the directors. ■FINANCES. Books and accounts Moneys to be deposited in chartered bank Security of officers of the company Audit Officer falsifying books or accounts Auditor making false report or signing false statement 33. It shall be the duty of the directors to make provision for keeping an accurate account of all the business and financial transactions of the company and for that purpose all books, records, forms and methods of book-keeping and accoimting shall be submitted, to the provincial auditor for approval before being adopted. 34. All moneys received by the company or by any of its officers on behalf of the company shall be deposited forthwith in such chartered bank or banks as the directors may determine and shall be pai4 out, under regulations to be framed by the directors, by cheques signed by the president or treasurer of the company, and such other person as by by-law the directors may designate or appoint. 35. The treasurer of the company apd each of its officers, employees, or servants, whose duty it is to receive or handle moneys on behalf of the company shall before entering upon the duties of his- office furnish a bond or covenant of some guarantee company to be named by the directors, to secure the due accoimting by him for all moneys that come into his hand, which bond or guarantee in each case shall be in such* form and for such amount as the directors may decide and the directors shall pay the premiums for such guarantee bonds out of the funds of the company. 36. The directors of the company shall appoint a resident auditor whose duty it shall be to examine all accounts and vouchers, countersign all cheques and thoroughly inspect and audit all books and accounts qf the company and verify all reports and financial statements made by the directors to the shareholders, such audit to be continuously carried on during the year, and such auditor shall make such statements, recom- mendations and reports to the directors and to the annual meeting of shareholders as may be required. 1915, c. 2, s. 22. 37. Any officer, servant or employee of the company who knowingly or fraudulently signs any false' statement or report or makes any false or misleading entry of any kind in any book of the company or in any way in the transaction of the company's business shall ipso facto be disqualified forever from holding any office or position of trust in connection with the company's affairs. 1914, c. 2, s. 21. 38. Any auditor who knowingly or fraudulently certifies any false, misleading or improper statement, account or balance of accounts or report as correct or who through any wilful or 1350 FARMERS CO-OPERATIVE ELEVATORS Cap. 13 1913 (iBt Sess.) fraudulent neglect fails to detect any false or misleading entry, statement or report, which a careful audit should have detected, or who knowingly or fraudulently signs any false or misleading certificate, statement or report shall ipso fado become disqualified from further acting as au^tor for the company, and the (Erectors in the name of the company, within reasonable time after the discovery, of any such misconduct on the part of any auditor, shall be entitled to sue and obtain judgment against the said auditor for any and all sums of money paid said auditor by the company at any time, and to their right to bring such action no Statute of Limitations shall apply. 1914, c. 2, s. 21. 29. The financial year of the company shall end on the thirty- Knanciai first day of July in each year, on which date the books and''^" accounts of the company shall be closed and balanced. 1915, c. 2, s. 22. 30. The Provincial Auditoi, or his nominee or nominees. Audit by may at any time and shall at the close of the financial yearASStOT'"' audit all accounts and inspect all records and books of the company and examine all reports and returns for the said financial year and report the result to the Provincial Treasurer; and the costs and expenses of such audits, inspections and reports shall be paid by the company to the Provincial Treasiu:er. 1915, c. 2, s. 22. PROVINCIAL AID. 31. The Lieutenant Governor in Council is hereby authorized po^inaai from time to time and on such terms and conditions as may °^'^ be agreed on with the company to loan to the company for the purpose of aiding in the acquisition, erection, extension or remodelling of any elevator or elevators a sum not to exceed eighty-five per cent, of the estimated cost of the said elevator or elevators or of such extension or remodelling. 33. The amount of every such loan shall bear interest at Repayment the rate of five per cent, imtil the thirty-first day of August™ ^^'^"^y in the year following the date of such loan. When such interest shall be payable, and the amount of the said loan with interest at the, said rate shall be repaid to the Provincial Treasurer in twenty equal annual instalments of principal and interest, the first of such instalments to be due and payable on the thirty- first day of August in the second year next following the granting of the loan, and each of the remaining nineteen instalments of principal and interest on the thirty-first day of August of each of the succeeding nineteen years. All sums of mo];iey so loaned to the company together with interest at the said rate shall be secured by a first mortgage or nioi'tgages upon the said elevator or elevators or upon all elevators belonging to the company and upon any and every interest in all real and personal property which the company may have, or hold in connection with the said elevator or elevators. 33. Notwithstanding anything contained in The Land Titles Voim of Act or The Bills of Sale Ordinance, or any other Act or Ordinance ^drllfltration in force in this province, any chattel mortgage or mortgage 1351 1913 (let Sess.) Cap. 13 FARMERS CO-OPERATIVE ELEVATORS Forms and terms of securities Provincial aid for organization purposes Order of disposition of revenue affecting real estate . or any other instrument affecting either real or personal property given by the company to the province or to the Provincial Treasurer, representiQg the province, by way of security for any advance or loan made the company by the province imder the authority of this Act, shall be legal and binding on the company, without any affidavit of bona fides and without any detailed description of the chattel property charged thereby, and it shall be sufficiently registered and filed, if filed in the office of the registrar of joint stock companies and such mortgage, or other instrument shall have priority from the date of such filing over all executions, transfers, mortgages or other encumbrances or charges of dispositions of any sort affecting the same property or any part thereof and shall from the date of the filing thereof as aforesaid be and remain in full force and effect without renewal until discharged or satisfied. 34. The form and terms of the mortgage, and of any other CAridences of debt which may be given by the company on account of any such said loan, the times and maimers in which the sums loaned shall be paid to the company and the disposition of all moneys loaned shall be such as the Lieutenant Governor in Council may approve. 35. The Lieutenant Governor in Council shall have power to. pay to the provisional directors of the company any sum not exceeding the amount granted by the Legislature for that purpose which may be required to cover the expenses incurred in the organization of the company and of locals; any siuns so paid to the .provisional directors shall be expended in such, manner as may be approved by the Lieutenant Governor in Coimcil and all such expenditures shall be subject to the audit of the Provincial Auditor. DISPOSITION OF REVENUE. 36. The annual revenue of the company, including all moneys received as a result of the operation of the elevators under its control or management, shall be distributed as follows: (a) The annual payment, if any, due to the province shall be first paid; (6) (Repealed— 1915, c. 2, s. 22.) (c) If sufficient funds remain, a dividend not exceeding 8% shall be declared and paid to the shareholders; (d) If funds still remain, the directors shall set aside such sum as they deem meet as a reserve fund; (e) If any balance remains it shall be divided among the shareholders and patrons of the company, on a pro rata basis according to the business furnished to the company by each, and as to such pro rata distribution the decision of the directors shall be final and there shall be no appeal therefrom and no action or suit in court shall be maintained with, reference to the same. GENERAL. 37. The Lieutenant Governor in Council shall have power to make all provisions not inconsistent with this Act which may be required for the better carrying out of the purposes of the Act. 1352 FARMEHS CO-OPERATIVE ELEVATORS Cap. 13 1913 (iBt Seas.) BY-LAWS. 38. The company may from time to time u^akg such by-laws Power to not contrary to law or inconsistent with this Act for the adminis- ™*''^ ^y-iaws tration, management and control of the property and business of the company and for the conduct in all particulars of the affairs of the company as are considered necessary or expedient for carrying out the provisions of this Act according to' the true intent and meaning thereof. 39. The company shall have power to borrow money by Power to debenture or otherwise for the purpose of carrying out the """"'"'"'^y objects of its incorporation and to hypothecate, pledge and mortgage its real and personal property and to sign bills, notes, contracts and other evidences of or securities for money borrowed or to be borrowed by the company for the purposes aforesaid. (2) The board of directors may exercise these powers when duly authorized thereto by by-laws' of the company. SPECIAL GENERAL MEETING. 40. Any ten of the locals comprising the company may, by Special resolution passed by a majority in each case of the shareholders meeting supporting any local elevator who actually attend and vote at such meeting called for that purpose by the respective boards of management, request the president to call a special general meet- ing of the shareholders of the company to .discuss the affairs of the company and it shall be the duty of the president to call such special general mteting at the City of Calgary or some other convenient place and to cause all chairmen and secretaries of the local, boards of management to be notified of the time and place of such meeting by registered mail at least twenty days in advance of such meeting. Each local shall be entitled to representation at such special general meeting on the same basis as is provided for in the by-laws of the company governing the annual meeting. 1915, c. 2, s. 22. 41. {BepeaUd— 1915, c. 2, s. 22 (8).) 1353 1913 (first session) CHAPTER 14. An Act for the Protection of Persons Employed in the Construction of Buildings and Excavations. (Assented to March 25, 1913.) IJIS MAJESTY, by and with the advice and consent of the * '■ Legislative Assembly of the Province of Alberta, enacts as follows: Short title Interpretation Building Excavation Inspector Municipality Appointment of inspectors Inspector may order ' compliance with provisions of Act Work to cease until orders obeyed Penalty for disobedience to order Unsafe apparatus not to be used 1. This Act may be cited as " The Building Trades Protection Act." 3. In this Act — (a) "Buildii^" shall include any structure roofed in or intended to be roofed in, and capable when completed of affording protection and shelter; (&) "Excavation" shall mean any trench in the ground at a depth of more than four feet; (c) "Inspector" shall mean an inspector appointed by a mvmicipality or by the Lieutenant Governor in Council for the purpose of enforcing the provisions of this Act; (d) "Municipality" means and includes any incorporated municipality, whether a city, town, village or rural munici- pality. 3. Every municipality shall appoint an inspector or inspectors to enforce this Act within the limits of the municipality. (2) The Lieutenant Governor in Coimcil may appoint an inspector or inspectors to enforce this Act in territory outside of municipalities. 4. Where any inspector appointed under this Act finds that any provision of this Act is being violated in the case of any building or excavation he may give such orders in writing as may, in his opinion, be required to secure due compliance with such provision, and upon any such order being made and until the same is carried out the work upon that part of the building or excavation in which the default occurs shall be suspended. (2) Every person to whom the order of the inspector is directed who disobeys or knowingly permits any person under his direction and control to disobey any such order or to 'carry on work in violation of subsection (1) hereof before the' order is compUed with shall be guilty of an offence and liable on summary conviction to payment of a penalty not exceeding $50 for every day upon which such default occurs. 5. In the erection, alteration, repair, improvement or demolition of any building, no scaffolding, hoists, stays, ladders, flooring 1354 liUILDING TRADES PROTECTION Cap. 14 1913 (1st SeSB.) or other mechanical and temporary contrivances shall be used ' which are junsafe, unsuitable or improper, or which are not so constructed, protected, placed and operated as to afford reason- able safety from accident to persons employed or engaged upon the building or excavation. 6. The following regula.tions shall be complied with in th.e^^^^^°°l erection, alteration, repair, improvement or demolition of every to floors of ,.,,.' , ' scaffolds building: (1) The floors of all scaffolding suspended from overhead shall be at least two and one-half feet wide and the floors of all standing scaffolding shall be at least four feet wide; all such scaffolding shall, unless the same is dispensed with by written authority of the inspector, have a railing or guard not less than three nor more than four feet from the flooring on the outside of the scaffolding for the protection of persons working thereon. (2) Where scaffolding or staging is "swung" or suspended s™*^^ from an overhead support it shall be so secured as to prevent its swaying to and fro. (3) Where poles are used in scaffolding the poles shall be^o'^^ securely lashed at every point of contact, and where square timber is used in scaffolding, the same shall be securely spiked or bolted at every point of contact. (4) No lumber or timber shall be hoisted in a single sling, h^^^^s (5) Where hoists are used for raising materials for use in openings buildings, the shafts or openings shall be protected at each '^ ''°'°*' floor by a barrier not less than three feet nor more than four feet from the level of the floor, and the barrier shall be placed not less than two feet frora the edge of the shaft or opening in which the hoist is operated; provided that upon the level or floor in actual use by such hoist such barrier shall not be placed across the openings used for entrance or exits to or from such hoists. (6) All ladders shall extend at least four feet above any ladders scaffold, staging or floor. 7. Where the plans and speciflcations require the floors to Flooring to be arched between the beams thereof, or where the floors orJ'^°°^|f*°* filling in between the floors are of fire proof mateiial the flooring extent as or filling in shall be completed as the building or excavation progre'Se* progresses to not less than within three stories below that on which the iron work is being erected. (2) Where the plans and specifications do not require filling Underflooring in between the beams of floors with fireproof material or brick to drtSS'**''* work, the contractor for the carpenter work, in the course oi^^^^ construction, shall lay the Under flooring of the building on progresses each storey as the building or excavation progresses to not less than within two storeys below the one to which the building has been erected. (3) Where double floors are not to be used, such contractor Floors to shall keep planked over, with planks ptoperly sebured, the floor ''°,p'™''^'1 two storeys below where the work is being performed. 1355 1913 (let Sess.) Iron floor beams to be planked over on which structural work is being erected Cap. 14 BUILDING- TRADES PEOTECTldN (4) If the floor beams are of- iron or stteel, the contiractor for the iron or steel work of a building or excavation in course of constructioja, or the owner of such a building or excavation shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for tiie proper con- struction of such iron or steel work and for the raising or lowering of materials to be used in the constructibn of such building and such spaces as may be designated by the plans and specificatipris for stairways and elevator shafts. Kegulations as to skeleton frame buildings Each floor to be planked as the framework reaches floor above Double planking under derricks Riveters' sta^ng to be safe and temporary floor provided Steel work may be done in advance of permanent floors Regulations in cities and towns having no by-laws Covered passage to be erected over sidewalk Barrier to be erected on inside line of sidewalk 8. In the case of what are known as skeleton steel frame buildings, compliance with the following regulations shall be sufficient, and it shall not be necessary to comply with the requirements of section 7: (1) As soon as the steel frame of a building is erected to the first column splice above the first floor level, a flooring of two- inch planking shall be laid oyer floor beams on the floor immediately below the first column splice, making a temporary floor over that part of the area of the building or excavation inside columns at that level, except in places where it is necessary to have openings for the passage of material for building above that point. When erection has reached a point level with the next column splice the planking used as a temporary floor at first column splice shall be removed and placed as before at second splice, and so on to the top of the building. (2) A -double flooring of two inch planking shall be laid down immediately under any derrick for a suflicient space about the derrick to protect workmen on the floors below that on which the derrick is working and to hold with safety the materials hoisted by the derrick. (3) Riveteis' staging shall be so constructed as to secure the reasonable pafety of the riveters and a temporary floor must be provided on the girders and floor beams immediately below the portion of the floor upon which the riveters are working, sufficient for the protection of workmen engaged below that floor. (4) The steel work may be carried on in advance of the con- struction of permanent floors. 9. In cities and towns the following regulations shall be complied with in erecting, altering or repairing any building, provided such city or town has not by by-law made regulations applicable to itself regarding such matters: (1) When the work is located on the line of any street or within three feet of the inside line of the sidewalk of any street, before any of the work above the sidewalk or footway is com- menced, there shall be erected over the sidewalk or footway of the street a covered passageway or independent structure not less than eight feet high at the lowest side above the level of the sidewalk or footway and of sufficient strength to protect the public using the sidewalk or footway. (2) If a building or excavation is to be erected or made within seven feet of the inside line of the sidewalk on any street, a 1356 BUILDING TBADES PEOTECTION Cap. 14 1913 (Ist SeBB.) strongly constructed close-boarded fence or barricade, not less than six feet high, shall be erected along the inside line of such sidewalk. (3) No person shall place -aiiy stone, brick, lumber, or any Dr^ns, etc., building material, fence, barricade or temporary sidewalk so obstructed as to obstruct the free passage of water in the drains, gutters *°^g™^'' °f or watercourses; and the. roofs of all covered ways shall be kept ways to be clear of any material whatever. ' ' ''^p* '''^*' (4) All sewers, ditches, drains or any other excavation of Aiiexoava- whiatever nattir'e shall be properly shored up, so as to prevent BliOTed°up° the caving in of the groimd, after a depth of four feet has been excavated from the ground level. 10. The provisions of this Act shall be read and applied as Act to be supplementary to the by-laws of every mimicipality in this ^'S'Spl"'' province, where any. such exist, but where no by-law has been t>y-iawB passed dealing with the matters covered by this Act then the provisions herein shall apply. 11. Sections 6, 7 and 8 of this Act shall not apply to any Limit of building not more than two storeys in height or to any excavation If^ertida'^ t less than four feet deep, nor tp any farm building or exca-vation, sections nor to any work being done upon a building or excavation by the owner or occupant thereof in person. 12. Nothing in this Act contained shall in any way decrease Act not to or lessen the Uability or obligations of any person or corporation gfgji^ty imder The Workmen's Compensation Act, 1908. under Workmen^s Compensation Act 1357 1913 (first session) CHAPTER 16. An Act respecting Agreements for the Machinery. of Farm Short title (Assented to March 25, 1913.) LJIS MAJESTY, by and with the advice and consent of the ^ * Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Farm Machinery Act." lAerpretatiott 3. "Farm machinery" in this Act shall mean any and every implement and machme pm-chased by a farmer for use upon any farm, and without in any way restricting this meaning shall include all engines, threshing machines, steam plows, binders and mowers. Unreasonable provisions 3. No covenant, proviso, stipulation or condition in any agreement (whether imder seal, verbal or written) shall be binding upon the purchaser of farm machinery, provided a court or judge shall decide or declare that such covenant, proviso, stipulation or condition is, imder, all the facts and circumstances of the case unreasonable. 4. Notwithstanding anything contained in any agreement to the contrary, the vendor shall be responsible ¥or all representations made by his agent or agents during the negotiations of sale, and any and all persons conducting negotiations on behalf of vendor which terminate in an actual sale shall be deemed to be agents of the vendor. 5. Notwithstanding anything in any agreement contained to the contrary all farm machinery shall be sold as warranted and guaranteed to be made of good material, to be properly constructed both as to design and workmanship, to be in good working order, to satisfactorily perform the work for which it is intended, to be free from latent ^ and other defects and to be in every way so designied and constructed as with proper care and use to ensure reasonable durability. 6. This Act shall not apply to second-hand machinery. 1358 1913 (fibst session) CHAPTER 16. An Aet respecting Insurance Companies. (Repealed— 1915, c. 8, s. 102.) Note. — ^All actions and proceedings already instituted under the repealed Act may be completed under the provisions thereof. (See 1915, c. 8, s. 102.) 1359 1913 • (first session) CHAPTER 17. An Act for the Protection of Wages to Threshing Machine Employees. {Assented to March 25, 1913.) I-IIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOET TITLE. Short title 1, This Act may be cited as "The Thresher Employees Lden Act." INTEBPBETATION. Interpretation 3, In this Act unless the context otherwise requires — Employer J "Employer" includes any person or body of persons cor- porate or unincorporate with whom an eriiployee as defined by this Act has entered into a contract of service whether such employer is the owner, lessee or bailee of the threshing machine on or about which such contract of service is performed; 2. "Employee" includes every person who is engaged in an employment of threshing on or about any threshing machine and means any person who has entered into or works under a contract of service with an employer as defined by this Acb whether the contract is expressed or implied, is oral or in writing; 3. "Court" means the District Court of the judicial district within which the threshing or some part thereof has been per- formed; and "judge" means the judge of the said court. 3. Any employee who works for wages on or about any threshing machine shall to the extent of his wages have a claim against the earnings of his employer in the hands of a third person, •for whom such threshing has been done by his employer and in the course of which such employee was engaged, provided he notifies the said third person, while such threshing is being done that he has such claim; and such claim, shall have priority over all assigmnents, attachments or garnishments of such earnings whensoever made and over every claim or right of every kind and description whatsoever accruing either brfore or after the passing of this Act. (2) No such third person shall be liable to any action or proceeding by such employer or his assigns in respect of such earnings while retained by him pursuant to the provisions of this Act. Court Judg'e Priority of claim for wages against earnings of machines Third person exempt from actions or . proceedings of°SSm°' *• ^^^^ c''^™ shall cease to exist unless such employee shall serve a claim and proceed as provided by this Act; provided 1360 THRESHER EMPLOYEES LIEN ACT Cap. 17 1913 , (iBt Seas.) however that within ten days after ■ such threshing has • been , completed any employer and one or more employees may sign an agreement showing the amount due as wages by the employer to such employee or employees, and any third person for whom threshing has been done by said employer may sign said agree- ment and imdertake to pay to the employee or employees the amount so shown to be due. The execution of such agreement and undertaking shall be a release to the employer of such indebtedness to his employee or employees' and a discharge pro tq,nto of the indebtedness of the said third person to the employer; and each employee may collect from said third person such sum as is so shown to be due him. The said amounts so due shall have priority over all assignments, attachments and garnishments whensoever made and over every claim or right of every kind or description. The said agreement and imdertaking may be in the form A in the schedule to this Act. 5. Sucn claim shall be in writing and shall set out — Contents (a) The full name and post oflBce address of such employee ° " *"° together with the post office address and full name of such employer where practicable with as much certainty and particularity as possible; (6) A short description of the work or service done together with a statement of the length of time worked by such employee; (c) The sum of money claimed as due. (2) Such claim may be in the form B hi the schedule to this Form of Act or to the like effect and shall be verified by the affidavit"'"" of such employee. (3) Such claim shall within ten days after such threshing serWoe of is completed be served on such third person and on such"^*™ employer. ' 6. Provided any employee notifies the third person for whomLiaWKty such threshing shall have been done as provided in section 3 person to and the employee's claim has not been paid, the said third person fOT'^^agM shall hold in his possession until the expiration of the said ten days the sum of money earned by such employer: Provided, however, that in case a claim under this Act haspjoT^so within the said ten days been served upon him such third person shall continue to hold in his possession such sum of money until the expiration of thirty days from the completion of such threshing or for such further time as may be provided by this Act: Provided further that such thu:d person shall if he fail to Proviso hold in his possession such sum of money, be to the extent thereof liable for the wages due to every employee in respect of such threshing. 7. Subject to the provisions of section 8 of this Act such third Payment person shall after the expiration of said thirty days pay to such employee employee upon demand the amount of his claim unless within ^^.'^i'^'^ the said thirty days such employer shall have served upon such third person a notice of contest as herein provided. (2) All payments lawfully made under this Act by such third Payments person shall be deemed to be payment pro tanto to such employer, ^^ *^"' 1361 person protected 1913 (Ut Seas.) ProoeedingB against third person on default of payment Cap. 17 THRESHER EMPLOYEES LIEN ACT (3) In case such third person neglects or refuses to pay such wages upon demand as provided by this section he may be proceeded against by such employee under The Ordinance respecting Masters and Servants, the provisions whereof are hereby declared to be applicable to any proceedings taken by such employee tmder tlus section. Proceedings in case total claims amount of earnings Procedure in case claim is contested by employer Proviso Costs of person paying into court Form of notice of contest 8. In case the total sxun of money in respect of which such claims have been served on such third person exceeds the total svun of money earned by such employer in threshing for such third person such third person shall after the expiration of ten days and not later than thirty days after such threshing was completed pay into the District Court such total sum of money which payment shall be a valid discharge to him against such employer to the amoimt paid and shall at the same time deliver or transmit by registered post letter to the clerk of such coiui all claims, notices of contest and all other documents served upon him relating to such sum of money. 9. Wherever the provisions of the next preceding section shall not apply to the circimistances of the case such third person shall in case within the said thirty days he shall have been served with a notice of contest by such employer in respect of any clain; as hereia provided forthwith but not later than forty days after such threshing was completed and subject to the provisions of the next preceding section pay into ,the District Court the sum of money claimed in guch claim which payment shall be a valid discharge to him against such employer to the amoxmt paid and he shall at the same time deliver or transmit by registered post letter to the clerk of such court the claim, notice of contest -and all other documents served upon him relating to the said sum of money: Provided, however, that in case the provisions of the next preceding' section shall apply to the circtmistances of the case such third person shall forthwith after being served with any notice of contest of such employer but not later than forty days after such threshing was completed deliver or transmit by registered post letter to the said clerk all claims, notices of contest and all other documents served upon him and relating to the said sum of money. 10.- The person so paying money into court under the pro- visions of sections 8 or 9 of this Act shall be entitled to deduct therefrom his necessary disbursements and costs (not exceeding five dollars) excepting when such sum of money is larger than the amount of the claim of the employee in which case the person so paying money into court may deduct such costs and disbursements out of the balance in his hands but if such balance is not sufficient to cover such disbursements and costs he may deduct the difference from the amount to be paid into court. 11. The notice of contest provided by this Act shall be in form C in the schedule to this Act or to the like effect, shall contain a brief statement of the nature or grounds of contest and the post office address of such employer and be verified by the affidavit of the employer. 1362 THEESHEK EMPLOYEES LIEN ACT Cap. 17 1913 (1st Seas.) 118. The clerk of the court shall from time to time — by°derkrf° (a) Forthwith after receipt by him of money paid into t""®^"™'^* . ,. court pursuant to section 8 or 9 hereof notify byoFciaims, registered post letter such employer and all employees °*™®' ***' claiming in respect of such money; and (6) Forthwith after receipt by him of notice of contest \mder this Act notify by registered post letter every employee in respect to whose claim such notice of contest is given: Provided that if an employer shall in his notice ofP™™o contest omit to state his post office address the notice to him shall be mailed to the address stated by the employee in his claim as required by section 5 hereof. 13. Where a sum of pdoney is paid into court under this Act Fro"?dure any employee claiming imder this Act (or in case there are more court for than one claiming then any one of such employees) may sue^f"}^!^* out an interpleader summons to determine, adjust and finally settle the rights of the several claims and parties to such sum of money paid into court and in such proceedings between employees and employers the former shall be plaintiff and the latter defendant; and in the event of such interpleader summons not being sued out by any such employee 'within twenty days after such sum of money has been paid into coiu:t such sum of money shall be paid out only in pursuance of an order of the judge of the said court to such employer or his assigns or to such other person as may be entitled thereto. (2) Such interpleader summons shall be in form D in the Form of schedule to this Act and any number of claimants may be summons" joined therein. 14. Upon the return of such interpleader summons the judge Adjudication shall summarily determine the rights of the said several parties '■y *® '""^^e to the moneys so paid into court and may make such order in the premises and as to costs as shall to him appear just. 15. Where a sum of money has been paid into court by suchBateaWe third person and an order has been made for the payment of^caM^ot™ the sum out of court to such employees or any of them anddefiowncy such sum of money is not sufficient to satisfy in full the claims of such employees then in such case such sum of money shall be distributed rateably among such employees subject to any order of the court as to costs: Provided however that any smn of money so paid into court Proviso as to which no order of payment out to such employees or any of them shall have been made ^hall be paid out as provided by section 13 of this Act. 16. Every employer shall upon demand at any time of any statement .employee or of any third person for whom threshing has been ?' ^e finished done forthwith furnish to such employee or to such third person by employer a written statement setting forth the length of time for which on^^^nl^ such employee is entitled at the time of such demand to be paid for such work and setting forth the sum of money earned by such employee for such work up to that time which written statement shall be signed by such employer or by his foreman 1363 1913 (1st Sess.) Penalty Proviso, Contravention of section by foieman or agent of employer Cap. 17 THRESHER EMPLOYEES LIEN ACT Clerk's fees • Effect of conviction against member of partnership or agent acting for him; and if such employer or his foreman or agent refuses or neglects to furnish such written statement on demand he shall be liable upon summary conviction before a justice of the peace to a penalty of five dollars ($5) .for every- day during which such statement is withheld together with the costs of the prosecution: Provided how;ever that any contravention of this section by the foreman or agent of any such employer shall be presumed to be the act of such employer but such presumption m,a,y be rebutted by proof of exphcit instructions to the contrary by such employer and any such foreman or agent contravening the provisions of this section and disobeying such explicit Lastructions shall be liable tp the penalty provided by this section. 17. The following fees shall be paid to the clerk of the District Court ia respect of the following matters herein provided for and may be by him retained as to clauses 1 and 2 of this section out of the money paid into court pursuant to section 8 or 9 of this Act: (1) Filing claim, twenty-five cents; (2) Filing notice of contest, twenty-five cents; (3) Interpleader summons, fifty cents. 18. For the purposes of the consequences of any order or conviction by a justice of the peace under this Act an order or conviction against a member of a partnership shall be deemed to be an order or conviction; against each member of such partnership. SCHEDULE. FORM A. (Section 4.) The undersigned employer and employee (or employeeB) hereby agree that the amount set opposite the name of the employee (or the name of each employee) is due and payable by the employer to the employee (or to each employee respectively). (Name of Emjdoyer.) (Name of Employee) . . . . S ., (Name of Employee) $ (Name of Employee) '. $ I, the undersigned, agree to pay each of the above employees in days from this date, the amount of money set opposite his name. Dated this day of 191. . . (Signature of man for whom threshing was done.) FORM a (Section 5.) Thkbshek Emplotbe's Claim. To. of. in the Province of Alberta: 1364 THEESHEE EMPLOYEES LIEN ACT Cap. 17 1913 (l8t Sess.) Sif, — ^Take notice that I, the undersigned, claim frojn you payment of the 8Vim of dollars as the balance of my wages for work done for (insert here name in fvll and post office address of employer) in threshing your grain; that I was employed at such work. . .-. days (or weeks or as the case may be) at dollars per day (,or as the casfi may be) commencing the day of 19". , and ending on the .day of 19 My post office address is Dated at in the Province of Alberta, this day of 19 (Name in fvll of Employee.) I, (name in full of employee) of .in the Province of Alberta, labourer, make oath and say that I am the above named employee, that I have executed the above claim, that the statements contained therein are true both in substance and in fact and that .there is still due to me for wages as above set forth the sum of ^ . . .dollars. (Name of Employee.) Sworn before me at 1 ' % the Province of Alberta this .\ lay of 191... I (A Commissioner for Oaths, N.P., or J.P., in and for the Prooince of Alberta, as the case may be.) FORM C. (Section 11.) Notice of Contest. To of in the Province of Alberta. Sir, — Take notice that the undersigned contests the claim served upon you by on or about the '. day of 19 , on the following grounds: (Here state briefly the grounds of contest in such manner that the particular nature thereof may be readily ascertained.) And further take notice that I require you to pay all money the subject of such claim into court as required by law. My post office address is Dated at in the Province of Alberta this .day of 19 (Name in fvll of Employer.) I, (name of employer in full), of in the Province of Alberta, thresher, make oath and' say: That I am the employer above mentioned, that I have duly executed the above notice of contest and that the statements therein contained are true both in substance and in fact. (Name of Employe.) Sworn before me at in the Proviace of Alberta this day of 191... (A Commissioner for Oaths, N.P. or J. P., in and for the Prooince of Alberta, as the case may be.) 1365 1913 Cap. 17 THBESHEB EMPLOYEES LIEN ACT (1st Sess.) FORM D. (Sediffn 13, 2.) iNTERFLEADIiR StJMMONS. Canada Province of Alberta. In the District Court of the Judicial Distinct of Between: of and of. D^endant. To the above named defendant: You are hereby sxunmoned to appear at the sittings of this court to be holden at on the day of .'.. 19 , at ...o'clock in; the . . _. noon when the claini of yourself and the plaintiff to the money paid into court by. under the provisions of The Thresher Employees' Lien Act will be adjudicated upon and such order may thereupon be made as the court may deem fit. Dated at in the said Province of Alberta this day of .19 By the Court, J (Clerk of the Court.) 1366 1913 (first session) CHAPTER 18. An Act relating to Town Planning. (Assented to March 25, 1913.) UIS MAJESTY, by and with the advice and consent of the '■■* Legislative Assembly of the Province of Alberta, enacts as follows: 1. A town planning scheme may be prepared in accordance Preparation with the provisions of this Act with respect to any land which offo^*""™' is in course of development or appears likely to be used forP^j°™°e building purposes, with the general object of securing suitable °° ™* provision for traffic, proper sanitary conditions, amenity and convenience in connection with the laying out of streets and use of the land and of any neighbouring lands for building or other purposes. j (2) The term "local authority" as hereinafter used in thisi'^ai. Act, shall mean any city or town council of any regularly iacor-andMimster porated city or town or the municipal council of any municipality '^^''"^'' in J;he Province of Alberta, and the term "Minister" as hereinafter used in this Act shall mean the Mioister of Municipal Affairs of the Province of Alberta. (3) Any local authority may make application to the Minister AppUoation for for authority to put into effect a town planning scheme or any*"* ""'' part thereof and the Minister may authorize a local authority to prepare and put into effect a town planning scheme or any part thereof with reference to any land within or in the neighbour- hood of the area over which it has municipal control, if the local authority satisfies the Minister that there is a prima facie case for making such a scheme, or the Minister may authorize a local authority to adopt with or without modifications any such scheme or any part thereof, proposed by all or any owners of land, with respect to which the local Authority might itself have been authorized to prepare a town planning scheme. (4) The expression " land likely to be used for building purposes" ^*'"' ^'^^^ sliall include any land likely to be used as or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreation grounds, or for the purpose of executing any work upon or under the land incidental to a toAvn planning scheme, whether in the nature of a building work or not, and the decision of the Minister as to whether land is likely to be used for building purposes shall be final. (5) The Minister may authorize the inclusion in a town planning wna* imd scheme of any land already built upon or any land' not likely ISSeme to be used for building purposes, if it be made to appear to him that such land is so situated that it ought to be included, and 1367 1913 (lat Sees.) Approval of Minister necessary Cap. 18 TOWN PLANNING Objections sustained Scheme may be varied or revoked Effect of approval of scheme may provide for the demolition or alteration of any building thereon so far as may be necessary for carrying the scheme into effect. (6) A town plaiming scheme prepared or adopted by a local authority shall not have effect unless approved by written ordei of the Minister, and the Minister may refuse to approve any such scheme ^cept with such modifications and subject to such conditions as he may think fit to impose; provided that before a town plaiming scheme can be approved of by the Minister, notice of intention to make appliisation for its approval must have been published in The Alberta Gazette of the province for at least one month, and if within twenty-one days from the publication of such notice, any interested person or authority files notice of objection in the prescribed manner, such objection shall be heard and adjudicated upon by the Minister or by such board or boards of commission as may be appointed by the Minister for the purposes of hearing and adjudicating upon all or any matters of dispute, which may arise between a local authority or a responsible authority, and other interested parties. ' • • ■ In the event 6f objections being sustained by the Minister or such board of commission as he may appoint for the piupose of adjudicating upon them, no proceedings shall be taken toward carrying part of the scheme so objected to into effect, but this without prejudice to the preparation of a new or modified scheme covering the same area or any part thereof. (7) A town planning scheme may be varied or revoked by a subsequent scheme prepared or adopted by a local authority or a responsible authority,- and approved by the Minister in accordance with the provisions of this Act. (8) A town planning scheme when approved by the Minister shall have effect as if it were specially enacted in this Act. Definition of responsible !SPC ithi authority 3. The authority to be responsible for the carrying out of a town planning scheme, herein referred to as the "responsible authority" may be either — (a) The local authority applying for approval of the scheme; (b) Where land included in a town pla,iming scheme is in the area of more than one local authority or in the area of a local authority by whom the scheme was not prepare,d, the responsible authority may be one of those authorities, or for certain purposes of the scheme it may be one local authority and for certain purposes another local authority; or A body constituted specially for the pm^pose of the scheme as hereinafter provided ajid all necessary pro- vision may be made by the scheme for constituting such body and giving it the necessary powers and duties. (2) For the purpose of preparing a town planning scheme ^tfmmi^Mon""* aud caiTying the same into effect, a local authority,. or the local authorities, where more than one is interested, may singly or jointly appoint a commission of not less than five, or more than ten members, whose names shall be submitted to the Minister for approval, and upon the approval by the Minister of the scheme, and of the constitution of the commission named therein, the commission thus appointed shall become the responsible 1368 (c) TOWN PLANNING Cap. 18 1913 (■1st Sess.) stuthority for carrying the scheme into effect, to whom shall be delegated all the powers conferred by, and for the purposes of this Act upon the local authority. Vacancies as they occur may be filled from time to time by the local authority or authorities. Vaoanoies (3) The Lieutenant Governor in Council may prescribe a set of general provisions (or separate sets of general provisions Contents of adapted for areas of any special character) for carrying OutBchenw*""'"^ of the general objects of town planning schemes and in particular for dealing with matters set out in the schedule A attached to this Act and the general provisions or separate sets of general provisions appropriate to the area for which the town planning scheme is made, shall take effect as part of every scheme, except so far as special provision is made by the scheme as approved by the Minister, for the variation or the exclusion of. any of these general provisions and shall have the same effect as if specially enacted by the Legislature. (4) Special provisions shall in addition be inserted in every Are* and ,1.1 1J2'* 1 1 vanation of town plaimmg scheme denning m such manner as may be general prescribed by regulations under this Act, the area to which the''""^"°°^ scheme is to apply and the authority which is to be responsible for enforcing the observance of the scheme, and for the execution of any works which tmder the scheme, or under the Act, are to be executed by the responsible authority, and providing for any 'matters which may be dealt with by general provisions, and otherwise supplementing, excluding or varying the general . provisions and also dealing with any special circumstances or contingencies for which adequate provision is not niade in the geneiral provisions, and for suspending, so far as necessary, for the proper carrying out of the scheme, any enactments, by-laws, regulations or other provisions made by a local authority, which are in operation in the area included in the scheme, and such special provision shall have the same effect as if specially enacted by the Legislature. (5) Special provision may also be made in every town planning Funds scheme defining the manner in which the funds necessary for °"''^^* the carrying it into effect are to be procured. If no such pro- vision is made in the scheme, funds may be procured in any way authorized for local improvement or general purposes by any public or private Act in force in the city, town or municipality affected by the scheme; provided always that no assessment upon any city, town or municipality shall be authorized by ahy town plaiming scheme, without the consent of the local authority in control of the area affected being first had and obtained; nor shall any power to borrow money either by issue of bonds or otherwise, be conferred upon a responsible authority, by any town . planning scheme, except with the approval of the local authority having municipal control of the area affected. (6) The Minister may certify any by-laws for contracting J^j^j^*^^ "^^y^ debts or incurring liabilities, and for this purpose, sections 190°" '' ^ ""^ to 193 inclusive of The Town Act, mutatis mviandis, are hereby incorporated into and shall be deemed to be part of this Act. (7) Any expenses incurred in preparing any town planning Preliminary fecheme may be paid out of current revenue by the local maylT authority or out of the proceeds of any special tax levied for p^'^ °"* °' 1 QftQ current iooy revenue 1913 (let Seas.) Cap. 18 TOWN PLANNING part purposes to an amount not to exceed $20,000 in the case of cities, $10,000 in the case of towns and $5,000 in the case of other mimicipahties. Procedure regulations Contents of piooedure regulations Co-operation Notices General 3. The Minister may miake regulations for regulating generally the procedure to be adopted with respect to applications for authority to prepare or adopt a town planning scheme, the preparation of the scheme, obtaining the approval of the Minister to a scheme so prepared or adopted, and' any inquiries, reports, notices or other matters required in connection with the pre- paration or adoption or the approval of the scheme, or preliminary thereto, or in relation to the carrying out of the scheme, of enforcing the observance of the provisions thereof. (2) Provision shall be made by these regulations — (a) For securing co-operation on the part, of the local authority with the owners and other persons interested in the land proposed to be included in the scheme at every stage of the proceedings by means of conferences and such other means as may be provided by the regulations; (6) For securing that notice of the proposal to prepare or adopt the scheme should be given at the earliest stage possible to any parties interested in the land; and (c) For dealing with the other matters mentioned in schedule B to this Act. Power to enforce scheme Remove buildings Execute work for others Expenses, how recovered Questions arising — how determined 4. The responsible authority may at any time, after giving such notice as may be provided by a town planning scheme and in accordance with the provisions of this Act — (a) Remove, pull down or alter any building or other work in the area included in the scheme which is such as to contravene the scheme or in the erection or carrying out of which any provision of this scheme has not been complied with; or (&) Execute any work which it is the duty of any person to execute under the scheme in any case where it appears to any authority that delay in execution of the work would prejudice the eflScient operation of the scheme. (2) Any expenses incurred by the responsible authority under this section may be recovered from the persons in default in such manner and subject to such conditions as may be provided by the scheme. (3) If any question arises whether any building or work con- travenes a town planning scheme, or whether any provision of a town planning scheme is not complied with in the erection or carrjongout of any such building or work, that question shall be referred to the Minister or such board as he may appoint for the purpose, and, unless the parties otherwise agree, shall be determined by the Minister or such board as arbitrators and their decision shall be final and conclusive and binding on all persons. Compensation 5. Any persou whose property is injm-iously affected by the making of a town planning scheme, shall if he makes a claim, 1370 TOWN PLANNING Cap. 18 1913 (iBt Sess.) for the purpose within the time (if any) limited by the scheme not being less than three months after the date when notice of the approval of the scheme is published in the manner pre- scribed by regulations made by the Minister, be entitled to obtain compensation in. respect thereof from the responsible authority. (2) A person shall not be entitled to obtain compensation Time for under this section on account of any building erected on ot^'^^^^^^^^ contract made or other thing done with respect to land included in a scheme or after the time at which the application for authority to prepare the scheme has been made, or after such other time as the Minister may fix, for the purpose: Provided this provision shall not apply as respects any work done before the date of the approval of the scheme for the purpose of finishing a building begun or of carrying out a contract entered into before the application was made. (3) Where by the making of any town planning scheme, any EesponaiWe property is increased in value, the responsible authority if they StitiS*to make a claim for the purpose within the time (if any) limited 9°^^^||' by the scheme (not being less than three months after the date value when notice of the approval of the scheme is first published in the manner prescribed by regulations made by the Minister) shall be entitled to recover from any person whose property is so increased in value, one-half of the amount of that inciease. (4) Any question as to whether any property is injuriously Arbitration affected or increased in value within the meaning of this section, and as to the amount and manner of payment (whether by instalments or otherwise) or the sum which is to be paid as compensation under this section or which the responsible authority is entitled to recover from a person whose property is increased in value, shall be determined by arbitration tmder the provisions of The Arbitration Act, unless the parties agree on some other method of determination. (5) Any amount due under this section as compensation Recovery of to a person aggrieved from the responsible authority, or to a °°™''®"***'°"' responsible authority from a person whose property is increased in value, may be recovered summarily as a civil debt. (6) Where a town planning scheme is revoked by an order Compensation of the Minister under this Act, any person who has incurred urevoM™^ expenditure for the purpose of complying with the scheme shall be entitled to compensation in accordance with this section in so far as any puch expenditure is rendered abortive by reason of the revocation of the scheme. 6. .Where property is alleged to be injuriously affected, by Exclusion of reason of any provisions contained in a town planning scheme, """^p^**'™ no compensation shall be paid in respect thereof, if or so far cases as the provisions are such as woidd have been enforced if they had been contained in by-laws made by the local authority. (2) Property- shall not be deemed to be injuriously affected ^pj^^*^'""'* by reason of the making of any provisions inserted in a town and area planning scheme, which with a view to securing the amenity '" ""''^ of the area included in the scheme or any part thereof, prescribe the space about buildings or limit the number of buildings to be erected or prescribe the height or character of buildings or the amount of vacant land to be taken for parks or open spaces 1371 1913 (Ist Sess.) No double compenaation Cap. 18 TOWN PLANNING not to exceed five (5) per- cent, of the total, area and which the Mmister having regard to the nature and situation of the land affected by the provisions consider reasonable for the purpose. (3) Where a person' is entitled to compensation under this part of this Act in respect to any matter or thing, and he would be entitled to compensation in respect to the same matter or thing, under any other enactment, he shall not be entitled to compensation in respect of that matter or thing both under this Act and under that other enactment, and shall not be entitled to any greater compensation imder this Act than he would be entitled to under the other enactment. May purchase or expropriate Increased value not paid for Powers of Minister in case of default of local authority to make or execute a town planning scheme Minister may enforce observance of scheme 1. The responsible authority may, for the purpose of a town planning, scheme, purchase any land comprised in such scheme by agreement or compulsorily in the same manner and subject to the same provisions as a local authority may purchase under any local or public Act. (2) In the event of compulsory purchase, the arbitrators or arbitrator in deciding on values. or compensation shall take into consideration the increased value that will be given to any liands by the scheme, or by reason of the enforcement thereof and shall set off such increased value that, will attach to such lands or grounds against the inconveniences. 8. If the Minister is satisfied on any representation, after holding a public inquiry, that a local authority — ■ (a) Have failed to take the requisite steps for having a satisfactory town planning scheme prepared and approved in a case where, a town planning scheme ought to be made; , (6) Having failed to adopt a scheme proposed by owners of any land in a case where a town planning scheme ought to be adopted; or (c) Have imreasonably refused to consent, to any modi- fication or , conditions imposed by tl^e Minister, the Minister may, as. the case requires, order the local authority to prepare and submit for his approval, such a town planning scheme, or to adopt the scheme or to consent to the modifications or conditions so inserted: Provided that, where the representation is that a local authority have failed to adopt a Scheme, the Minister, in lieu of making such an order as aforesaid, may approve the proposed scheme subject to such modifications or conditions, if any, as he thinks fit, and thereupon the scheme shall have effect as if it had been adopted by the local authority and approved by the Minister. (2) If the Minister is satisfied on any representation after holding an inquiry, that a responsable authority has failed to enforce effectively the observance of a scheme which has been confirmed, or any provisions thereof, or to execute any works, which under the scheme of this Act, the authority is required to execute, the Minister may order that authority to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively, or for executing any works which under the scheme or this part of this Act the authority is required to execute. 1372 TOWN PLANNING Cap. 18 1913 (1st Sees.) (3) Any order under this section may be enforced by mandamus. Mandamus 9. Any expenses incurred by the Minister under this Act Expenses of including . the payment of any board or commission shall be ^j,™""°**"°« paid out of any funds appropriated from the general revenue fund to the Department of Municipal Affairs for that purpose. 10. This A-ct may be cited as "The Town Planning Act." How cited SCHEDULE A. MATTERS TO BE DEALT WITH BY GENEEAL PROVISIONS PRESCRIBED BY THE MINISTER. 1. Streets, tramways, roads and other ways, and stopping up or diversion of existing highways. 2. Buildings, structures and erections. 3. Open spaces, private and public. 4. The preservation of objects of historical interest or natural beauty, 5. Sewerage, drainage and sewage disposal. 6. Lighting. 7. Water supply. 8. Ancillary or consequential works. 9. Extinction or variation of private rights of way and other easements. 10. Dealing with or disposal of land acquired by the responsible authority or by a local authority. 11. Power of entry and inspection. 12. Power of the responsible authority to remove, alter or demolish any obstructive work. 13. Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another. 14. Power of the responsible authority or a local authority to accept any money or property for the furtherance of the objects of any town planning scheme, and provision for regulating the administration of any such money or property. 15. Application with necessary modifications and adaptations of statutory enactments. 16. Carrying out and supplementing the provisions of this Act for enforc- ing schemes. 17. Limitation of time for operation of scheme. 18. Co-operation of the responsible authority with the owners of land included in the scheme or other person interested by means of conference and qther means. 19. Charging on the inheritance of any land the value of which is increased by the operation of a town planning scheme the sum required to be paid in respect to that increase and for that purpose applying with the necessary adaptations, the provisions of any enactments dealing with charges for improvements of land or making special provisions to govern the same. SCHEDULE B. 1. Procedure anterior to and for the purpose of an appUcation for authority to prepare or adopt a scheme. (a) Submission of plans and estimates. (6) PubUcation of notices. 2. Procedure during, on, and after the preparation or adoption and before the approval of the scheme. (a) Submission to the Minister of the proposed scheme with plans and estimates. (6) Notice of submission of proposed scheme to the. Minister, (c) Hearing of objections and representations by persons affectetJ, including persons representing architectural or archiological societies or otherwise inta-ested in the amenity of the proposed scheme. {d) Publication of notice of intention to approve scheme and the lodging of objections thereto. 1373 1913 Cap. 18 TOWN planning (1st Sess.) 3. Procediire after the approval of the scheme. (a) Notice to be given of the approval of the scheme. (6) Inquiries and reports as to beginning and the progress and com- pletion of works and other action under the scheme. 4. Duty, at any stage, of the local authority to publish or deposit for inspection any scheme, or proposed scheme, and the plans relating thereto, and to give information to persons affected with reference to any such scheme or proposed scheme. 5. The detaUs to be specified in plans, including wherever the circimi- stances so require, the restrictions on the number of buildings which may be erected on each acre, and the height and character of these buildings. 1913 (first session) CHAPTER 19. An Act to amend The School Ordinance, The School Assessment Ordinance and The School Grants Ordi- nance. (Consolidated in various Ordinances.) 1374 1913 (fihst session) CHAPTER 20. An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western Railway Company. (See also 1911-12, caps. 19, 29; 1913 (2), c. 9; 1915, c. 20.) (Assented to March 25, 1913.) \\7HEREAS by chapter 19 of the Statutes of Alberta, passed ''" in the years 1911-12, entitled "An Act to Authorize the Guarantee of Certain Securities of the Canadian Northern Western Railway Company" (hereinafter called the "said Act") provision . was made for the guaranteeing by the Province of Alberta of securities in respect among others, of certain lines which the Canadian Northern Western Railway Company (hereinafter called the "company") was authorized to construct and for the securing of the guarantee securities by means of certain mortgages or deeds of trust; And whereas the rate of interest on the said securities authorized to be guaranteed by the said Act was to be at the rate of four (4) per cent, per annum; And whereas it is expedient to increase the rate of interest on the said securities from four (4) per cent, per annum to four and one-half (4J^) per cent, per annum; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The rate of interest of the securities authorized to be guaranteed by the province under the provisions of the said Act shall be four and one-half (4i/^) per cent.' per annum instead of four (4) per cent, per annum, and the said Act is amended by substituting the words "four and one-half per cent, per aimum" for the words "four per cent, per annum" in the second section of the said Act; and the Lieutenant Governor in Coimcil is hereby authorized to provide for and do all such things or otherwise as may be considered advisable for putting into effect the change of interest herein provided for. 3. All the provisions of the said Act not inconsistent with the provisions of this Act shall apply to the guarantee of the securities therein authorized, and save as by this Act amended the said Act shall be and is hereby confirmed. 1375 1913 (first session) CHAPTER 21. An Act for Raising Money on the Credit of the General Revenue Fund of Alberta. (Assented to March 25, 1913.) jLIIS MAJESTY, by and with the advice and consent of the ^ ■^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. It shall be lawful for the Lieutenant Governor in Council from time to time to authorize the Provincial Treasurer to raise by way of loan upon the credit of the province, such sum or sums of money not to exceed in the whole Five Million Dollars for all or any of the purposes following, that is. to say: (a) For the extension of the Provincial Telephone System, Two Million Dollars; (6) For the carrying on of Public Works authorized by the Legislature, Tlffee Million Dollars. 2. The aforesaid sums of money may be borrowed for any term or terms not exceeding fifty years at a rate not exceeding four and one-half per cent, per annum, and shall be raised upon the credit of the General Revenue Fund of Alberta and shall be chargeable thereon. 1913 (2nd Session), c. 3. Note. — Chapters 22 to 88 inclusive are Private Acts. 1376 1913 (second session) CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money for the Public Service of the Fiscal Years ending respectively the Thirty-first day of December, 1913, and the Thirty-first day of December, 1914. {Assented to October 22, 1913.) Most Gracious Sovereign: \3iniEREAS it appears by Messages from His Honour '" George Hedley Vicars Bulyea,' Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Messages, that the sums hereinafter mentioned are required to defray certain expenses of the Public Service of Alberta not otherwise provided for during the financial periods ending respectively the thirty-first day of Deceniber, one thousand nine hundred and thirteen, and the thirty-first day of December, one thousand nine himdred and fourteen, and for other pur- poses relating thereto: May it therefore' please Your Majesty that it may, be enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1913 (2nd Session)." 2. From aiid out of the General Revenue Fund may be. paid and applied a sum not exceeding in the whole five hundred and sixty-three thousand nine hundred and ninety-fom- doUars and eighty-four cents towards defraying the several charges and expenses of the Public Service from the first day of January to the thirty-first day of December, in the year of our Lord one thousand nine hundred and thirteea, not otherwise provided for and set forth in schedule A to this Act. 3. From and out of the General Revenuei Fund there may be paid and applied a sum not exceeding in the whole eight million five hundred and fourteen thousand one hundred and thirty dollars and no cents towards defraying the several charges and expenses of the PubHc Service from the first day of January to the thirty-first day of December, in the year of our Lord one thousand nine huncfred and fourteen, not otherwise provided for and set forth in schedule B to this Act. 4. The due application of all moneys expended under this Act shall be accounted for. 1377 1913 Cap. 1 APPROPRIATION (2iid_Sesa.) SCHEDULE A. Sums granted to His Majesty by this Act for the fiscal year ending December 31, 1913, and the purposes for which they are granted. Civil Government — Executive Council S5,000.00 Treasury Department, Insurance Branch. . . . 6,000.00 Attorney General's Department 3,000. 00 Education Department 2,288. 16 Railways and Telephones 3,000. 00 $ 19,288.16 Legislation ; . . 105,000.00 Administbation op Justice 59,706. 68 Agricultuee (Capital) 305,000. 00 Miscellaneous 75,000.00 $563,994.84 SCHEDULE B. Sums granted to His Majesty by this Act for the fiscal year ending December 31, 1914, and the purposes for which they are granted. I. Public Debt «675,000.00 II. Civil Government — Lieutenant Governor's Office $ 2,700. 00 Executive Council 69,340. 00 Attorney General's Department 42,360. 00 Provincial Secretary's Department 18,200. 00 Municipal Affairs Department 64,120. 00 Treasury Department 30,080. 00 Auditor's Office 27,840.00 Public Works Department 74,960. 00 Education Department 50,060. 00 Agriculture Department 35,520. 00 Railways and Telephones Department 13,740. 00 Government Printer's Office 12,740. 00 $441,640.00 III. Legislation 121,000. 00 rv. Administration op Justice 719,280. 00 V. Public Works — Chargeable to Income 578,000. 00 Chargeable to Capital $2,024,100.00 VI. Education 762,610. 00 VII. Agriculture and Statistics — Chargeable to Income 543,500. 00 Chargeable to Capital 326,000. 00 VIII. Hospitals, Charities and Public Health 152,000.00 1378 APPROPKiATioN Cap. 1 1913 (2nd Sees.) IX. Chargeable to Income S900,000. 00 Chargeable to Capital $1,000,000,00 X. Public Institutions 226,500. 00 XI. Miscellaneous 44,500. 00 $5,164,030.00 $3,350,100.00 1913 (second session) CHAPTER 2. An Act to amend the Statute Law. (Consolidated in various Acts.) 1913 (second session) CHAPTER 3. An Act to amend the Statute Law. (Consolidated in various Acts.) 1379 1913 (second session) CHAPTER 4. An Act to Authorize the Guai;antee of Certain Seciirities of the Grand Trunk Pacific Branch Lines Company. {See also 1909, c. 14; 1911-12, c. 17; 1913 (2), c. 4.) {Assented to October 22, 1913.) \X7HEREAS, by chapter 15 of the Statutes of Alberta, passed ''^ in the year 1909, intituled "An Act to authorize the Guarantee of Certain Securities of the Grand Trunk Pacific Branch Lines Company" (hereinafter called the principal Act), provision was made for the guaranteeing by the Province of Alberta of securities to the extent of $13,000 per mile in respect of certain lines of railway mentioned and described in the schedule to the said Act and including therein a line from a point on the western division of the Grand Trunk Pacific Railway between the 111th and 113th degrees of longitude, to Calgary which the Grand Trunk Pacific Branch Lines Company (hereinafter called the company) was authorized to construct, and for the securiiig of the guaranteed seciuities by means of certain mortgages or deeds of trust; And whereas, by section 10 of the principal Act it was amongst other things enacted that subject to the proviso in the said section contained, the mortgages or deeds of trust securing the securities thereby authorized to be guaranteed might provide for the issue from time to time and ranking pari pa^su with the said securities and without preference or priority one over the other of addi- tional securities of similar kind, tenor and effect, not exceeding •12,000 per mile of the mileage of any of the lines mentioned in the scliedxile thereto; provided always that before such addi- tional securities were issued the guarantee by the province of the payment of the principal and interest thereof should first have been authorized by the Legislative Assembly and that such guarantee should first have been given piu-suant to such authorization; And whereas, it is expedient to authorize the guarantee by the province of additional securities pursuant to the said pro- vision in the principal Act contained; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the pro- visions of this Act as may be agreed upon with the company, to guarantee the principal and interest of additional bonds, debentm-es, debenture stock or other securities (hereinafter called the additional securities) of the company, to the extent and upon the terms hereinafter set forth. 1380 Cap. 4 GRAND TRUNK PACIFIC BRANCH LINES 1913 (2od Seas.) 2. The amount of the additional securities to be so guaranteed shall not exceed the sum represented by $2,000 per mile of the line of the company's railway running from a point on the western division of the Grand Trunk Pacific Railway between the 111th and 113th degrees of longitude to Calgary. 3. The additional securities shall form part of the issue secured by the mortgage dated the 28th day of July, 1909, and made between the Grand Trunk Pacific Branch Lines Company, the National Trust Company, Limited, as trustee, and His Majesty, representing the Province of Alberta (being the deed of trust by way of mortgage securing the guaranteed securities authorized to be issued and guaranteed by the principal Act). 4t. Before the additional securities are issued and guaranteed supplementary mortgages or deeds of trust covering the line in section 2 hereof mentioned, in the form approved by the Lieutenant Governor in Council shall, as provided in the second proviso to the said section 10 of the principal Act be taken to the trustees of the mortgage dated the 28th day of July, 1909, herein- before referred to. 5. The certificate of the Minister of Railways and Telephones for Alberta as to the mileage of the said line of railway shall for the purposes of this Act and of the additional securities be con^ elusive. 6. All the provisions of the principal Act not inconsistent with the provisions of this Act shall apply to the additional securities issued and guaranteed in pursuance hereof. 7. The time for the construction of the hereinbefore men- tioned line of, railway which the company is authorized to con- struct, or in respect of which the province is authorized to guarantee the securities, and the time for the completion of the same which but for the passing of this Act would have exijired, is hereby extended until the 31st' day of December, 1915. (1914, c. 2; s. 24.) 1381 1913 (second session) CHAPTER 5. An Act to Authorize the Guarantee of Seciirities of Light Railways. « (Assented to Odoher 22, 1913.) \317HEREAS it is expedient to make provision for the "" transportation facilities in portions of the province not served by existing railways ; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council may on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with the company, guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other secmities (hereinafter called the securities) of a company in respect of the line or part of the line of the railway of such company, to the extent of an amount not being more than fifty per cent, of the estimated cost of construction thereof, and in any event not being-more than $7,000 a mile of the mileage of such railway or part thereof. 3. The certificate of the Minister of Railways and Telephones of the Province of Alberta as to the mileage of the said line shall, for the purposes of this Act and of the guaranteed securities, be conclusive, but the said Minister may issue interim certifi- cates from time to time based upon the estimated mileage of the said line, or fixing temporarily the mileage with regard thereto. A final certificate shall ultimately be issued by the said Minister with regard to the said line to accord with the miles and fractions of miles of the said line actually constructed between the points authorized. The said securities may be made payable in whole or in part in lawful money of Canada or in its equivalent in sterling or other money. Interest thereon shall be payable at the rate of not more thai five per cent, per annum and may be made payable either yearly or half-yearly. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charge to a trustee or trustees approved by the Lieutenant Governor in Council and such deeds or deeds of trust shall grant a first mortgage or charge upon the line of railway and the rolling stock and equipment, present and fxiture, acquired for the purposes of the said line, and the tolls, revenues and income arising and to arise therefrom, and the rights, piivileges, franchises and powers of the company now or hereafter held or enjoyed in respect of the said line of railway and the operation and maintenance thereof. 1382 LIGHT RAILWAYS Cap. 5 1913 (2nd Bess.) 4.' The kind of securities to be guaranteed, ajid the form and terms thereof, and the form and terms of the deed or deeds of trust by way of mortgage securing them, and th6 times and manner of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure of such moneys for the purposes of the said line of railway and the form and manner of the guarantee or guarantees from time to time or at anytime given in respect thereof, shall be such as the Lieutenant Governor in Council may approve. 5. The said guarantee or guarantees shall be signed by the Provincial Treasurer or such other oflBcer as may be designated by the Lieutenant Governor iu Coimcil and upon being so signed the Province of Alberta shall become liable for the payment of the priQcipal and interest of the securities guaranteed accord- ing to the tenor thereof, and the Lieutenant Governor in Council is hereby authorized to make arrangements for supplying the money necessary to fulfil the requirements of the said guarantee or guarantees and to advance the amount necessary for that purpose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities the said guarantee or guarantees so signed shall be conclusive evidence that the requirements of this Act with respect to the guaranteed securities and the deed of trust and all matters relating thereto have been complied with, and that the company is a company within the meaning of this Act, and that the railway is a railway to which .this Act applies., 6. All moneys realized by sale, pledge or otherwise of the securities hereby authorized shall be paid directly by the i)ur- chaser, subscriber, pledgee, or lender into a banlc or banks approved by the Lieutenant Governor in Coimcil to the credit of a special account in the name of the Treasurer of the province or to such other credit as the Lieutenant Governor in Council may direct; and if money borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance only shall be paid in; and securities borrowed upon may after the loans thereon have been paid or discharged by the company be issued or re-issued and shall be secured by the said deed or deeds of trust and entitled to the benefit thereof notwithstanding such loans and payment or discharge. The balances at the credit of the special account or accounts shall be credited with interest at such times and at such rates as may be agreed upon betAveen the company and the bank holding the same, and the said balances shall from time to time be paid out to the company or its nomi- nees 'in monthly payments as far as practicable as the construc- tion of the line of railway is proceeded with to the satisfaction of the govenoment according to the specifications fixed by con- tract between the government and the company and from time to time, as the said work of construction proceeds the government shall out of the said balances pay to the company or its nominees in monthly payments as far as is practicable, amounts equa respectively to one-half of such sums as an engineer appointed 1383 1913 Cap. 5 ' LIGHT RAILWAYS <2nd Segs.) by the Lieutenant Governor in Council shall certify as justified, having regard to the proportion of the work done upon the said line of railway as compared with the whole work done and to be done thereon. The balance, if any, of the proceeds of such securities which may remain after the completion of the said line of railway may be paid over to the company or its nominees upon such terms and conditions and in such amounts and at such time or times as shall be agreed upon between the company and the government. 7. Any payment by the province of principal or interest on the said securities, pursuant to the guarantee thereof, shall not in .any event be taken to affect the liability of the company therefor under the securities so paid or under the deed or deeds of trust securing the payment thereof, but such liability shall remain unimpaired and enforceable by the province against the company. The province shall be subrogated as against the company to all rights, privileges and powers to which the holders of the respective securities so paid were entitled by virtue of such securities, or of the said deed or deeds of trust prior to pajonent by the province under its guarantee, and shall with respect to the securities so pa;id be in' the same position as a holder of securities upon which the company has made default. 8. No securities shall be guaranteed hereunder imtil it has been made to appear to the satisfaction of the Minister of Rail- ways and Telephones that adequate provision has been made by the company for furnishing the balance of the money necessary to construct and equip the railway; and no such securities shall be sold, pledged or otherwise disposed of without the consent of the Mmister of Railways and Telephones. 9. In this Act imless the context otherwise requires — (a) The word "company" shall mean a railway company authorized by the Province of Alberta to construct and operate a railway in the Province of Alberta, the length of which between the authorized termini in the company's special Act mentioned is not more than seventy-five miles ; (fc) The expression "cost of construction" shall include sur- veys and location, engineering expenses, acquisition of right- of-way and station grounds, grading, construction of bridges, trestles, culvertsj ties, rails and fastenings, track laying and surfacing, construction of telegraph and telephone lines and necessary equipment, construction of necessary stations and other buildings and erections, , construction of water stations and providing for an adequate supply of water, all spurs, switches, sidings and all other railroad construction and rolling stock of whatever kind necessary to the effectual operation of the line of railway, interest during construction, all other work or expense incidental to and properly chargeable to the cost of construction and rolling stock equipment of the line of railway. 10. Not more than 200 miles of railway shall be guaranteed under this Act before the next session of the Legislature, nor shall any further mileage be guaranteed without a resolution of the Legislature fixing the limit of such mileage. 11. This Act may be cited as " The Light Railways Assistance Act." 1384 1913 • (second session) CHAPTER 6. An Act respecting The Alberta and Great Waterways Railway Company. (See also 1909, c. 16, 46; 1910 (2), c. 9; 1910 (2), c. 11.) {Assented to October 22, 1913.) tJIS MAJESTY, by and with the advice and consent of the *■ ^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Act known as chapter 9 of the Statutes of Alberta, 1910, 1 George V (2nd Session), is hereby repealed. 3. The Province of Alberta hereby ratifies and confirms the Acts known as 9 Edward VII, chapters 16 and 46, and the bond issue amounting to $7,400,000.00 created thereunder, and the guarantee of the province thereon, which guarantee has been signed by A. C. Rutherford as Provincial Treasurer on some of the bonds and by A. L. Sifton as Provincial Treasurer on all of them; and the Provincial Treasurer is hej-eby authorized to issue and deliver the said bonds as soon as the same shall have been certified by the trustee, in exchange for the single interim bond of $7,400,000.00 heretofore issued. 3. Notwithstanding anything contained in the said Acts, 9 Edward VII, chapters 16 and 46, or anything heretofore done thereunder, the Lieutenant Governor in Coimcil is hereby author- ized and empowered by order in council to change from time to time the bank or banks in which the moneys realized from the sale of the said bonds is de'posited, and any bank holding said moneys, or any portion thereof, may lawfully pay such moneys to any other bank or banks pursuant to the provisions of any such order in coimcil; and upon such payment shall be relieved from all liability in respect of the moneys so paid over. Any money so transferred shall be held and paid out by the bank or banks to which it shall have been transferred in accordance with the terms and provisions of the Statute 9 Edward VII, chapter 16. The Provincial Treasurer is hereby authorized and empowered to execute on behalf of the province an agreement or agreements indemnifying any bank from, which the moneys or any part thereof are so transferred against any and all claims on the part of the holder or holders of the said bonds, or any person claiming through or under such holder or holders. 4. Upon the coming into force of this Act, the province shall be entitled to receive from the company the interest on, the proceeds of the bond issue earned up to the time when this Act comes into force, less the interest accrued on the said bonds from 1385 1913 Cap. 6 ALBEKTA Airo GREAT WATERWAYS RAILWAY (2nd Sees.) July 1st, 1913, up to the said time and upon such amount being so received all defaults of every nature and kind (if any) on the part of the railway company up to the time of the coming into force of this Act shall be and the same are hereby waived and nulled. 5. Section 14 of the Act 9 Edward VII, chapter 46, is hereby amended so as to provide that the work of constructing the said line of railway shall be commenced on or before the 31st day of December, 1913, and shall be completed within two years thereafter. 6. This Act shall come into force on proclamation by the Lieutenant Governor in Council. PROCLAMATION. On, from and after the 24th day of October, A.D. 1913, in pursuance of the said Section 6 of Chapter 6 of the Statutes of Alberta, 1913 (2nd Session) that the said Act shall come into force and take effect. (See Alberta Gazette, Vol. 9, No. 20, Page 1, October 31, 1913.) 1386 1913 (second session) CHAPTER 7. An Act to Authorize the Guarantee of Certain Securities of the Central Canada Railway Company. (See also 1914, caps. 29, 30; 1915, caps. 19, 36.) {Assented to October 22, 1913.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the pro- visions of this Act as may be agreed upon with the Central Canada Railway Company (hereinafter called the company) to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called the securi- ties) of the company in respect of that portion of the line of the company's railway from a point where the said railway joins the Edmonton, Dunvegan and British Columbia Eailway to a point at or near Peace River Landing, thence in a general westerly direction to a point in township eighty-one (81), range four (4), west of the sixth principal meridian, a total distance of one hundred miles, to the extent of twenty thousand dollars ($20,000) per mile of such line. 3. The certificate of the Minister of Railways and Telephones of the Province of Alberta as to the mileage of the said line of railway shall, for the purposes of this Act and of the guaranteed securities, be conclusive, but the said Minister may issue interim certificates from time to time based upon the estimated mileage of the said line, or fixing temporarily the mileage with regard thereto. Final certificates shall be ultimately issued by the said Minister with regard to the said line to accord with the miles and fractions of miles of the said line actually constructed between the points authorized. The said securities may be made payable in whole or in part in lawful money of Canada' or in its equivalent in sterling or othet money. Interest thereon shall be payable at the rate of four and one-half per cent, per annum half-yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charge to a trustee or trustees approved by the Lieutenant Governor in Council and such deed or deeds of trust shall grant a first mortgage or charge upon the line of railway included therein and with respect to the mileage of which the securities secured thereby are issued, and the rolling stock and equipment, present and future, acquired for the purposes of the said line so included in such deed or deeds 1387 1913 Cap. 7 CENTBAL CANADA RAILWAY (2nd Ses9.) of trust respectively, and the tolls, revenues and income arising and to arise therefrom, and the rights, privileges, franchises and powers of the company now or hereafter held or enjoyed in respect of the said Ime and the operation and maintenance thereof. 4. The kind of securities to be guaranteed, and the form and terms thereof, and the form and terms of the deed or deeds of trust by way of mortgage securing them, and the times and manner of the issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditiu-e of such moneys for the purposes of the said line of railway, and the form and manner of the guarantee or guarantees from time to time or at any time given in respect thereof shall be «uch as the Lieutenant Governor in Coimcil may approve. 5. The said guarantee or guarantees shall be signed by the Provincial Treasurer or such other officer as may be designated by the Lieutabant Governor in Council and upon being so signed the Province of Alberta shall become liable for the payment of the principal and interest of the securities guaranteed accord- ing to the tenor thereof, and the Lieutenant Governor in Council is hereby authorized to make arrangements for supplying the money necessary to fulfil the requirements of the said guarantee or guarantees and to advance the amount necessary for that purpose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities the said guarantee or guarantees so signed shall be conclusive evidence that the requirements of this Act with respect to the guaranteed securities and the deed of trust and all matters relating thereto have been complied with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby authorized shall be paid directly by the pur- chaser, subscriber, pledgee or lender into a bank or banks approved by the Lieutenant Governor in Council to the credit of a special accoimt in the name of the Treasurer of the province or to such other credit as the Lieutenant Governor in Council may direct; and if money be borrowed by the company upon pledge or other- wise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount so paid in shall be deducted from the purchase price subssquently received for the securities so borrowed upon, aad tne balance only shall be paid in; and securities borrowed upon may after the loans thereon have been paid or discharged by the company ba issued or re- issued, and shall be secured by the said deed or deeds of trust and entitled to the benefit thereof notwithstanding such loans and payments or discharge. The balances at the credit of the special account or accouiits shall be credited with interest at such times and at such rates as may be agreed upon between the company and the bank holding same and the said balances shall from time to time be paid out to the company or its nomi- nees in monthly payments as far as is practicable as the con- struction of the line of railway is proceeded with to the satis- faction of the government according to the specifications feed by contract between the government and the company, and from 1388 CENTRAL CANADA RAILWAY Cap. 7 1913 (2nd Sess.) time to time as the said work of construction proceeds the government shall out of the said balances pay to the company or its nominees in monthly payments as far as is practicable such sums as an engineer appointed by the Lieutenant Governor in Council shall certify as justified, having regard to the pro- portion of work done upon the said Une of railway as compared with the whole work done and to be done upon such line. The balance, if any, of the proceeds of such securities which may remain after the completion of the said Une of railway, shall be paid over to the company or its nominees. Pending com- pletion of the said line the balances at the credit of such special accounts shall, until paid out as above provided for, be deemed part of the mortgaged premises under said deed or deeds of trust and shall not be taken to be public moneys, received by the province : Provided, also, that the Lieutenant Governor in Coimcil may upon the request of the company by order in council alter the deposit of the said money or any portion or balance thereof by approving of any other bank or banks than, and in the place and stead of, those originally approved of for the deposit therein of any of the said money or any portion or balance thereof, and any such money the deposit of which is so changed into any other bank or banks than those originally approved of, shall be deposited to the same credit and be subject to the same provisions as are herein provided for in respect of the original deposit or deposits. 7. Work to the value of at least fifty (50) miles of constructed Une shall be done by the company upon the said Une on or before the 31st December, 1914, and the said line shall be completed and ready for traffic on or .before the 31st December, 1916. 8. The said line shall be constructed to a general standard in aU respects, apart from grades and curvature (as to which the character of the country through which the Unes pass shall be taken into consideration) not inferior to the standard fixed by the specifications of the main line of the Edmonton, Dun- vegan & British Columbia Railway, and to the satisfaction of the Minister of Railways and Telephones. 9. Any payment by the province of principal or interest on the said- securities, pursuant to the guarantee thereof, shaU not in any event be taken to affect the UabiUty of the company therefor under the securities so paid or under the deed or deeds of trust securing the payment thereof, but such UabiUty shall remain imimpaired . and enforceable by the province against the company. The province shall be subrogated as against the company to all rights, privileges and powers to which the holders of the respective securities . so paid were entitled by virtue of such securities, or of the said deed or deeds of trust prior to payment by the province under its guarantee, and shall with respect to the securities so paid be in the same position as a holder of secmities upon which the company has made default. 10. Subject to the proviso in this section contained, the deed or deeds of trust (hereinafter caUed the original instruments) securing the securities hereby authorized to be guaranteed may 1389 1913 Cap. 7 CENTRAL CANADA BAILWAY (2nd Sess.) provide for the issue from time to time and ranking pari passu with the said securities and without preference or priority one over the other of additional securities of similar ^ind, tenor and effect in respect of the mileage of the said line, and also additional securities of similar kind, tenor and effect also ranking pari passu and without preference or priority as aforesaid in respect of additional lines of railway ia the Province of Alberta to be here- after constructed by the company, but not exceeding twenty thousand dollars ($20,000) per mile of such additional lines; provided always, that before any such additional securities are issued the guarantee by the province of the payment of the principal and interest thereof shall first have been authorized and the amounts to be issued per mile in respect of such lines shall first have been fixed by the Legislative Assembly and that such guarantee shall first have been given pursuant thereto. 11. A supplementary deed or- deeds of trust (herein called supplementary instruments) covering the said line in respect of which additional securities are authorized to be issued or such additional lines as aforementioned, as the case may be, in the form approved by the Lieutenant Governor in Covmcil shall from time to time be taken to the trustees of the original instruments, and such additional securities shall be issued under the terms of the original instruments and supplementary instru- ments which, together with the mortgaged premises covered by the original and supplementary instruments, shall form the security for all securities issued thereunder in the same manner and with the same effect as if the original iastnunent and supple- mentary instrument or instruments formed together but one instrument and as if all the securities issued or to be issued imder the original or supplementary instruments were issued under one instrument. 13. Should the constructed mileage of the said line herein mentioned be Ijess than the mileage herein estimated, by reason whereof there remains — A surplus of authorized mileage in respect of which, no securities at the rates respectively specified with regard thereto were actually issued or guaranteed; or A surplus of proceeds of the moneys realized by sale, pledge or otherwise of guaranteed securities issued' in respect thereof, the Lieutenant Governor in Council may guarantee additional securities in respect of such surplus of mileage or authorize the application of such surplus of proceeds, whichever may be the case, in or in respect of the further construction by the company of extensions of the said line or of branches therefrom, or of other lines of railway in Alberta approved by the Lieutenant Governor in Council. (2) A supplementary deed or deeds of trust covering the mileage further constructed by the company under this section shall be taken to the trustees of the original instruments men- tioned in sections 10 and 11 of this Act, and the provisions of section 11 shall, ^here not inconsistent with this section, apply to the supplementary deeds executed under this section and .to the securities which may be issued and guaranteed in pursuance hereof. 1390 1913 (second session) CHAPTER 8. An Act to Authorize the. Guarantee of Certain Securities of the Canadian Northern Railway Company. (See also 1909, c. 14; 1911-12, c. 17.) (Assented to October 22, 1913.) \317HEREAS, by chapter 14 of the Statutes of Alberta passed "' in the year 1909, intituled "An Act to authorize the Guar- antee of Certain Securities of the Canadian Northern Railway Company" (hereinafter called the principal Act), provision was made for ti(ie guaranteeing by the Province of Alberta of securi- ties to the extent of $13,000 per mile in respect of certain lines of railway mentioned and described in the schedule to the said Act, which the Canadian Northern Railway Company (herein- after called the company) was authorized to construct, and for the securing of the guaranteed securities by means of certain mortgages or deeds of trust; And whereas, by section 10 of the principal Act it was enacted that subject to the proviso in the said section contained, the mortgages or deeds of trust securing the securities thereby authorized to be guaranteed might provide for the issue from time to time and ranking pari passu with the said securities and without preference or priority one over the other of iaddi- tional securities of- similar kind, tenor and effect not exceeding $2,000 per mile of the mileage of any of the lines mentioned in the schedule thereto, and also of additional securities of similar kind, tenor and effect also ranking pari passu and without -pre- ference or priority as aforesaid, not exceeding $15,000 per mile of additional lines of railway in the Province of Alberta to be thereafter constructed by the Canadian Northern Railway Company; provided always that before such additional securi- ties were, issued the guarantee by the province of the payment of the principal and interest thereof should first have been author- ized by the Legislative Assembly and that such guarantee should first have been given pursuant to such authorization; And whereas, by chapter 17 of the Statutes of Alberta, 1911- 12, intituled "An Act to authorize the Guarantee of Certain Securi- ties of the Canadian Northern Railway Company" (hereinafter called the first supplementary Act), provision was made for the guaranteeing, by the Province of Alberta of additional securities to the extent of $13,000 per mile of one additional line of railway mentioned and described in the said first supplementary Act which the company was authorized to construct, and also for the securing of the said additional securities by certain further mort- gages or deeds of trust supplementary to the mortgages or deeds of trust made or created under and pursuant to the said principal Act; And whereas, it was by the first supplementary Act provided that all the provisions of the principal Act not inconsistent 1391 1913 Cap. 8 CANADIAN NOBTHEBN BAILWAY (2nd SesB.) with the provisions of the first supplementary Act should apply to the additional line of railway and to the additional securities issued and guaranteed in pursuance of the first supplementary Act; And whereas, the provision of the said principal Act ' herein- before recited providing for the issue from time to time and ranking Tpari passu with the securities thereby authorized to be guaranteed and without preference or priority one over the other of addi- tional securities of similar kind, tenor and effect, not exceeding $2,000 per mile of the mileages of the lines of railway to which the said principal Act referred but subject always to the proviso in the principal Act contained providing that before such addi- tional securities are issued, the guarantee by the province of the payment of the principal and interest thereof shall first have been authorized by the Legislative Assembly and that such guarantee shall first have been given • pursuant to such authorization was intended to apply to the additional line of railway and to the additional securities issued and guaranteed in pursuance of the first supplementary Act in the same way and to the same extent and effect as if the said additional line of railway had been included in the schedule to the principal Act; And whereas, it is expedient to authorize the guarantee by the province of additional securities pursuant to the said provision in the principal Act contained; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the pro- visions of this Act as may be agreed upon with the company, to guarantee the payment of principal and interest of additional bonds, debentures, debenture stock or other securities (here- inafter called the additional securities) of the company to the extent and upon the terms hereinafter set forth. 2. The amount of the additional securities to be so guaranteed shall not exceed the sum represented by $2,000 per mile of the lines of railway respectively mentioned in the schedule to the principal Act and the additional line of railway mentioned in the first supplementary Act and for the purposes of this Act and of the first supplementary Act the said additional fine of railway shall be deemed to have been added to the schedule to. the principal Act. 3. The additional securities shall form part of the issue secured by the mortgage dated the 10th day of June, 1909, and made between the Canadian Northern Railway Company, the National Trust Company, Limited, and the British Empire Trust Com- pany, Limited, as trustees, and His Majesty the King repre- senting the Province of Alberta (being the deed of trust by way of mortgage securing the guaranteed securities authorized to be issued and guaranteed by the principal Act); and by confirm- atory and supplementary deeds made between the same parties and dated respect'vely the twentieth day of January, 1910, and the twentieth day of June, 1912. 1392 CANADIAN NORTHEKN RAILWAY Cap. 8 1913 (2nd SesB.) 4. Before the additional securities are issued and guaranteed any necessary supplementary mortgages or deeds of trust covering the lines mentioned in the schedule to the principal Act and the additional Une of railway mentioned in the first supplementary Act in the form approved by the Lieutenant Governor in Coimcil shall as provided in section 11 of the principal Act be taken to the trustees of the mortgage dated the 10th day of June, 1909, hereinbefdre referred to. 5. The certificate of the Minister of Railways and Telephones for Alberta as to the mileage of the said lines of railway respec- tively shall, for the purposes of this Act, and of the additional securities, be conclusive. 6. All the provisions of the principal Act not inconsistent with the provisions of this Act, shall apply to the additional > securities issued and guaranteed in pursuance hereof. 7. When the constructed mileage of any Une or lines of railway mentioned or referred to in the schedule to the principal Act, or of the line Of railway mentioned in the first supplementary Act, or the aggregate mileage of some or all of such lines is less than the mileage as estimated or set out in the said schedule or Act, by reason of which there remains a surplus of authorized mileage in respect of which no securities at the rates specified with regard thereto in the said principal Act or the first supple- mentary Act where actually issued or guaranteed, or a surplus of the proceeds of the money realized by sale, pledge or otherwise of the guaranteed securities in respect thereof, the Lieutenant Governor in Council may guarantee additional securities in respect of such surplus of mileage or authorize the apphcation of such surplus of proceeds, whichever may be the case, in or in respect of the further construction by the company of exten- sions or any of the lines mentioned in the said principal Act, or the first supplementary Act, or of branches therefrom or of other lines of railway in Alberta approved by the Lieutenant Governor in Coimcil. 8. The time for the construction of- the lines of railway which the company is authorized to construct, or in respect of which the province is authorized to guarantee the securities, which but for the passing of this Act would have expired, is hereby extended until the thirty-first day of December, 1915. 1914, c. 2, s. 19. 1393 1913 (second session) CHAPTER 9. An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western Railway Co. (See also 1911-12, c. 19; 1913 (1), c. 20; 1913 (2) c. 9; 1915, c. 20.) {Assented to October 22, 1913.) UIS MAJESTY, by and with the advice and consent of the * * Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the pro- visions of this Act as may be agreed upon with the Canadian Northern Western Railway Company (hereinafter called the company) to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called the securities) of the company to the extent of $25,000 per mile for each mile or fraction of a mile of the company's line of railway and branches described in the schedule hereto (which line of railway and branches hereinafter together called the Brazeau line); the said securities may be made pay- able in whole or in part in lawful money of Canada, or its equivar lent in sterUng or other money; the interest thereon shall be payable at the rate of four and one-half per cent, per annum half-yearly, and the principal payable in thirty years from the passing of this Act. 3. The certificate of the Minister of Railways and Telephones of the Province of Alberta as to the mileage of the Brazeau line or of any part thereof, shall for the purposes of this Act and of the guaranteed securities be conclusive, but the said Minister may issue interim certificates from time to time based upon the esti- mated mileages, or fixing temporarily the mileage with regard thereto. Final certificates shall be ultimately issued by the said Minister to accord with the miles and fractions of miles of the Brazeau line actually constructed. 3. The securities shall be secured by a deed of trust by way of mortgage or charge to the British Empire Trust Company, Limited, and National Trust Company, Limited, as trustees (hereinafter called the trustees), and such deed of trust shall grant a first mortgage or charge, subject as therein to be stated, upon the mileage of the Brazeau line in respect of which the securities secured thereby are issued, and the rolling stock and equipment, present and future, acquu-ed for the purposes of the Brazeau line, and the tolls, revenues and income arising and to arise therefrom, and the rights, privileges, franchises and powers of the company now or hereafter held or enjoyed in respect of the Brazeau line and the operation and maintenance thereof. 1394 CANADIAN NORTHERN WESTERN RAILWAY Cap. 9 1913 (2n prevail , infant's real estate. A sale of the estate of the infanta may be authorized 10. Where an infant is seized, possessed of or entitled to any real estate in fee or for a term of years, or otherwise, and the Supreme Court is of opinion that a sale, lease or other dis- position of the same, or of a part thereof, is necessary or proper for the maintenance or education of the infant or that for any cause his interest requires or will be substantially promoted 1408 INFANTS Cap. 13 1913 (2nd Sess.) by such disposition, the court may order the sale, or the letting for a term of years, or other disposition of such real estate, or any part thereof, to be made imder the direction of the court or of one of its officers, or by the guardian of the infant, or by a person appointed for the purpose, in such manner and with such restrictions as may be deemed expedient, and may order the infant to convey the estate. (2) No sale, lease, or other disposition shall be made contrary ^os^aia ^^^ to the provisions of a will or conveyance by which the estate devise, etc. has been devised or granted to the infant or for his use. 11. The appUcation shall be in the name of the infant by his ^he appiKjation next friend, or guardian; but shall not be made without thefnendor consent of the infant if he is of the age of fomiieen years or upwards ^'"'^'*° unless the court otherwise directs or allows. 13. Where it is deemed convenient, the court .may direct ^ii^s^isubsti- some other person in the place of the infant to convey the estate, appointed to convey 13. Every such conveyance, whether executed by the infantoeeds , or by a person appointed to execute the same in his place, shallbeS^'" be as effectual as if the infant had executed the same, and hadlj'^yj'^ *° *'* been of the age of twenty-one years at the time. 14. The money arising from such sale, lease or other dis-The court to position shall be laid out, applied and disposed of in such mannerappScation of as the court directs. proceeds 15. On any sale or other disposition so made, the money Quality of raised, ot the surplus thereof, shall be of the same nature and»"j|^jj"g=^™°»^y= character as the estate sold or disposed of; and the heirs, next real estate of kin, or other representatives of the infant, shall have the like interest in any surplus which may remain at the decease of the infant as they would have had in the estate sold or disposed of if no such sale or other disposition had been made. 16- Where an infant is seized of the reversion of land subject Consent to- to a lease and such lease contains a covenant not to assign or of lease by sublet without leave, the guardian of such infant may with "^*°* the approbation of a judge of the Supreme Court or of the judge of the District Court of the judicial district in which the land, or any part of it, is situate, consent to any assignment or transfer of such leasehold interest, in the same manner and with the hke effect as if the consent were given by a lessor under no such disabihty. 17. Where by a will or other instrument property is given order for beneficially to any person for his Ufe with a power of devisiiig ^jj*^^"^! or appointing the same by will in favour of his children, or of settled for ufe one or more of them, the Supreme Court may on the application, ^^intment' or with the consent of the tenant for life, order that such portion jj^5^°j'j,^^ of the proceeds of the property, as it may deem proper, shall We tenant be applied towards the maintenance or education of any infant child in whose favour the power might be exercised, notwith- staading that there is a gift over in the event of there being no children to take under the power, or that there is a right 1409 1913 (2nd Sess.) Cap. 13 INFANTS conferred upon the tenant for life, or upon some other person in such event to make a disposition of the property in favour of some person other than such children. DIVIDENDS OF INFANT's STOCK OR PBOCEED8 THEREOF. Supreme Court may order dividends of stock belong- ing to infanta be applied for maintenance Costs may be directed to be paid Apt to be an indemnity to banks, etc. 18. The Supreme Court by an order to be made on the appli- cation of the guardian of an infant in whose name any stock or money by virtue of any statute for paying off any stock is stand- ing and ^who is beneficially entitled thereto, or if there is no guardian by an order to be made in any action, cause or matter depending in the court may direct all or any part of the dividends in respect of such stock or any such money to be paid to the guardian of such infant or to any other person for the main- tenance and education or otherwise for the benefit of the infant. (2) Such guardian or other person to whom payment is directed to be made shall be named in the order and his receipt therefor shall be. as effectual as if the infant had attained the age of twenty-one years and had signed and given the same. (3) The court may order the costs and expenses of and relating to the application to be made and raised out of or from the stock or dividends in respect of which the same is made in such manner as the court deems proper. (4) This section shall be a full and complete indemnity and discharge to all banks, companies and societies and their officers and servants for all acts and things done or permitted to be done pursuant thereto. MARRIAGE SETTLEMENTS OF INFANTS. the Supreme Court make valid settle- ments upon marriage Infants may 19. Evcry infant upon, or in contemplation of, his marriage approbation of ^t^ the sanctiou of the Supreme Court may make a valid and binding settlement, or contract for a settlement, of all or any part of his property over which he has a power of appointment, whether real or personal and whether in possession, reversion, remainder or expectancy, and every conveyance, appointment and assignment of such property or contract to make a Convey- ance, appointment or assignment thereof, executed by such infant with the approbation of the court for the purpose of giving effect to such settlement, shall be as valid and effectual as if the person executing the same were of the full age of twenty- one years. (2) This section shall not extend to a power which it is, expressly declared shall not be exercised by an infant. If infant die 30. Where a.n appoiatment under a power of appointment appdntSent ?^ ^ discntaiUng assurance has been executed by an infant tenant deedT^'be void ^^ ^^^^ Under the provisions of the next preceding section and the infant afterwards dies under age, such appointment or disentail- ing assurance shall thereupon become absolutely void. The sanction of 31. The Sanction of the court to any such settlement or con- clfurt to^b^^ tJ'act for a settlement may be given upon the application of the motfon*""" infant or his guardian without the institution of an action, and if there is no guardian the court may require a guardian to be 1410 INFANTS Cap. 13 1913 (2nd Sew.) appointed if it shall think fit and the court may also require that any person interested or appearing to be interested in the property shall be served with notice of the application. 33. Nothing in the next three preceding sections shall apply to a male infant imder the age of twenty years, or to a female infant under the age of seventeen years. 6UAKDIANS. 33. On the death of the father of an infant, the mother, if SJije?* mother surviving, shall be the guardian of the infant, either alone, whentSbe^diM no guardian has been appointed by the father or jointly withfoSSy^^th any guardian appointed by the father. t"**™ (2) Where no guardian has been appointed by the father, or if the guardian appointed by the father is dead, or refuses to act, the Supreme Court or the District Court may from time to time appoint a guardian or guardians to act jointly with the mother. (3) The mother of an infant may, by deed or will, appoint ^°*^ej™ay any person or persons to be guardian or guardians of the infant gSa?^aii in after the death of herself and the father of the infant, if the infant '^'*™""" be then unmarried and where guardians are appointed by both parents they shall act jointly. (4) The mother of an infant may, by deed or will, provision- ally nominate some fit person or persons to act as guardian or guardians of the infant after her death jointly with the father of the infant, and the court after her death, if it be shown that the father is for any reason imfitted to be the sole guardian of his children, may confirm the appointment of such guardian or guardians, who shall thereupon be empowered to act, or may make such other order in respect of the guardianship as may be deemed just. (5) In the event of guardians being unable to agree upon a question affecting the welfare of an infant, any of them may apply to the court for its direction, and the court may make such order as may be deemed proper. 34. Upon the application of an infant, or of any one on its Court may behalf, when it is made to appear that the infant has no parent ^MfflL or lawful guardian or that such parent or lawful guarcfian is not a fit and proper person to have the guardianship of the infant, the court may appoint a guardian or new guardian. 35. Testamentary guardians and guardians appointed by^^™^^*"' order or letters of guardianship shall be removable by the Supreme^"" "" Court or by the District Court for the same causes for which trustees are removable. (2) Any such guardian may by leave of the court resign his oflBce upon such terms and conditions as may be deemed just. AUTHORITY OF GUABDIANS. 36. Unless, where the authority of a guardian appointed or Guardian's constituted by virtue of this Act is otherwise limited, the guardian *"*'"'"*y 1411 etc. 1913 Cap. 13 INFANTS (2nd Sess.) SO appointed or constituted during the continuance of his guar(fianship — ward" " (a) Shall have authority to act for and on behalf of the infant; Mtionr"'" W May appear in any court and prosecute or defend any action or proceedings in his name; re^™nd°'^^ (c) Shall have the charge and management of the infant's peraonai estate estate, real and personal, when he has given such security as may be ordered by the court or when security has been dispensed with by order of the court,* have the custody of the infant's person and the care of his education. ADOPTION OP INFANT. 37. Any adult person, or a husband and wife jointly, may by petition to the Supreme Court apply iot leave to adopt an infant or infants. 38. The Supreme Court may, on the return of the petition, if satisfied of the ability of the petitioner or petitioners to bring up and educate the infant in a proper manner and of the fitness and propriety of ^he adoption, having regard to the welfare of the infant and the interest of the natural parents, if living, make an order for the adoption of the infant by the petitioner or petitioners. 39. Unless such consent is dispensed with by the said court no order for adoption shall be made without the written consent of the following persons duly verified by afiidavit, that is to say: 1. The infant when above the age of ten years; 2. The parents of the infant or survivor of them; or the parent, guardian or person having the custody of the infant; or the mother only where the infant is illegitimate; 3. The parent by adoption in case of a subsequent adoption; 4. One of the next of kin to the infant where such infant has no parent or guardian. 30. When an order for adoption has been made the effect shall be — 1. To divest the natural parents, guardian or person in whose custody the infant has been, of all legal rights in respect of such infant and to free such persons from all legal obligations and duties as to the maintenance of such infant; 2. To make such infant, for the custody of the person and right of obedience, to all intents and purposes the child of the petitioner or petitioners; 3. To give the infant thfrsame right to any claim for nurture, maintenance and education upon his adopted parent or parents that he would have were they his natural parent or parents. to*takl'!shire* 31- ^s to succession to property an infant adopted inaccord- b'rn*t*o*OTent ^^^^ ^^^ ^^^ provisions of this Act shall, in case of intestacy, In we(Uock"Sd take the same share of property of the parent by adoption that «utfmto°h*s'''^® '^o"l°iyear respect to the amounts earned imder clause 1 or clause 2 of section 3 hereof as soon as the school closes for the year on receipt of the returns, bond and agreement mentioned in the next pre- ceding section. 1419 1913 (2nd Seas.) Payable to teacher for arrears of salary Under clause 3 if no inspection Teacher attending convention School closed by reason'of disease Cap. 15 SCHOOL GRANTS Special grant by Order in Council Statements to be forwarded No fees 10. When the return of the treasurer of any district as herein- after provided shows that the district is indebted to any teacher or teachers with respect to salary the grant payable to such district under clause 1 or clause 2 of section 3 hereof or such portion of it to the amount of such indebtedness shall be paid proportionately to such, teacher or teachers. 11. The grant earned by any district under clause 3 of section 3 hereof shall be paid to such district at the end of the school year and in case the school of any district is not inspected during the year the district shall be paid for such year such grant as it may be entitled to upon the basis of the grading its school attains on the first inspection in the following year. 13. Any district whose school has been closed on account of the absence of the teacher in attending a teachers' institute or convention held under the regulations of the department shall be entitled to all grants as if the school had been actually in operation during such period. 13. If in any district the school has been closed by the written order of a duly qualified medical practitioner on account of the prevalence within the district of any disease the' Lieutenant Governor in Council may pay grants in respect of such days as the school has been closed but in no case shall such grants be paid for more than thirty teaching days in the calendar year. 14. The Lieutenant Governor in Council may order the payment of a special grant to any school whether organized according to law or not. 15. The secretary, treasurer and teacher of every district shall at the end of each school term forward to the Minister such statements respecting the school and district as are necessary to enable him to apportion the grants to which it may be entitled under this Act and such statement shall be verified by declara- tion and shall be in form prescribed by the Minister. 16. {Repealed— 1915, c. 10, s. 4.) 17. No grant shall be paid under clause 4 or clause 5 of section 3 hereof to any district which imposes school fees on pupils in grades above the eighth, whether they are residents of the, school district or otherwise. Supervisors jg^ j^ towu distrfcts supcrvlsors whose qualifications and appointment are approved by the Minister shall, for the pur- poses of this Act, rank as teachers. Repealed 19. The School Grants Ordinance and amendments thereto is hereby repealed. 30. This Act shall come into force on the first day of January, 1914. 1420 SCHOOL GRANTS Cap. 15 1913 (Znd Sees.) REGULATIONS RE TECHNICAL EDUCATION UNDER THE SCHOOL GRANTS ACT. Edmonton, Monday, November 2, 1914. Pursuant to the provisions of Section 3 of The School Grants Act, His Honour the Lieutenant Governor, by and with the advice of the Executive Council, has been pleased to order the approval of the Regulations hereto attached, which shall apply to the payment of grants under subclause (c) of clause 1 of Section 3, and of subclause (/) of clause 2 of said Section 3 thereof; SCHEDTTIiE OP GbANTS IN AlD OP TECHNICAL EDUCATION. Instruction in Science, Agriculture and School Gardening. (4) In rural and village school distcicts: (1) To the school board: An annual grant equal to 60 per cent, of their expenditure on approved improvement and upkeep of school garden and the value of approved equipment for such instruction up to a maximum grant of $15; • (2) To the teacher: An annual grant of $25. (5) In any school district including a town or city in which fewer than 30 teachers are employed in aid of instruction in Science and Agriculture and related school gardening in Grades VII to XI inclusive of all of such grades as may be represented in the said schools: (1) To the school board: An annual grant equal to 50 per cent, of their expenditure on approved improvements and upkeep of the school garden and the value of the approved equipment for such instructions up to a maxi- mum grant of $75; (2) To the teacher responsible for such instruction and giving full time service to the board: An annual grant of $50. (C) In any school district including a town or city in which at least 30 teachers are employed in aid of instruction in the Agricultural course of Grade XI: (1) To the school board: An annual grant equal to 50 per cent, of their expenditure on approved improvements and upkeep of the necessary garden and experimental plots and the value of the approved equipment for such instruction to a maximum grant of $75 for each school providing such in- struction. II. Instruction in Manual Training. (,A) In rm:al and village school districts: (1) To the school board: An annual grant equal to 50 per centi of the value of approved equipment up to a maximum grant of $15; (2) To the teacher: An annual grant of $20. (B) In any school district including a town or city in which fewer than 30 teachers are employed: (1) To the school board: An annual grant equal to 10 per cent, of the value of approved equipment up to a maximum grant of $100 exclusive of grants earned under 'Section 18 of The School Grants Act; (2) To the teacher responsible for such instruction and giving fuH time service to the board: An annual grant of $50. III. Instruction in Household Science and Art. (A) In rural and village school districts: (1) To the school board: An annual grant equal to 50 per cent, of the value of approved equipment up to a maximum grant of $15; (2) To the teacher: An annual grant of $20. (B) In any school district including a town or city in which fewer than 30 teachers are employed: (1) To the school board: An annual grant equal to 10 per cent, of the value of the approved equipment up to a maximum grant of $100 exclusive of grants earned under Section 18 of The School Grants Act; (2) To the teacher responsible for such instruction and giving full time service to the board: An annual grant of $50. 1421 1913 Cap. 15 SCHOOL grants (2nd Sess.) IV. Nighi Class Instruction. {A) In any school district including a city, town or village in which fewer than 30 teachera are employed; or in any other school district that has obtained permission from the Minister to establish ilight class instruction: (1). To the school board: (a) When approved night class instruction in oijy the ordinary school branches is provided: An annual grant equal to 40 per cent, of the cost of tuition up to a maximum grant of $100; (6) When approved night class instruction in vocational and technical subjects in addition to that in the ordinary school branches is provided: An annual grant equal to 50 per cent, of the cost of tuition up to a maximum grant of »250. (£) In any school district including a village, town or city in which at least 30 teachers are employed: (1) To the school board: An annual grant equal to 25 per cent, of the cost of tuition in approved night classes up to a maximum grant of $1,500. Pre-Vocationdl, Vocational and Technical Day Classes. (A) In any school district including a town or city in which at least 30 teachers are employed: (1) To the school board: (a) An annual grant equal to 25 per cent, of the total expenditure for the salaries of instructors and supervisors of such classes up to a maximum grant of $2,000, inclusive of grants earned under Section 18 of The School Grants Act; (b) An annual grant equal to 5 per cent, of the value of approved equipment up to a maximimi grant of $1,500. Payment op Grants. (1) The grants for the encouragement of instruction in the subjects and courses indicated in the schedule are payable only when the organization, accommodation, equipment, courses of instruction, instructors and super- visors have been approved by the Minister of Education. If the provisions made by the school board and the character of the instruction be not fully satisfactory and if there be sufScient evidence of a bona fide efFort to bring them up to standard' the Minister may authorize the payment 'of such por- tion of the grant as, in his discretion, he may determine. The grants indicated in the schedule shall be subject to such pro rata increase or decrease as the amount available for such grants" may permit or require. (2) The instructors and supervisors of the subjects and courses of instruc- tion affected by the said grants must hold such certificates and meet such requirements as the Minister may prescribe. (3) The courses and classes affected by these grants shall form an integral Eart of the school system under the control of the school board and shall e under the general direction and supervision of the superintendent of schools in those school districts where such an official is employed bf the boaid and in all other cases under the direction of a principal to be designated as the supervising principal of the schools of the district. (4) The school board shall cause to be prepared and transmitted to the Department of Education within thirty days after the close of each calendar yearj an aimual report and such other reports as may be required by the Minister from time to time. Such reports shall be in form prescribed by the Minister. (5) In regard to night class instruction the schedule of grants shall be deemed in force on and after October 1st, 1914, the balance of the schedule shall become operative on and after January 1st, 1915. Clerk of Executive Council. 1422 1913 (second session) CHAPTER 16. An Act to amend The School Ordinance, The School Assessment Ordinance and The Truancy Act. {Consolidated in various Ordinances.) 1913 (second session) CHAPTER 17. An Act to amend The Liquor License Ordinance. (Consolidated in CO. 1915, c. 89.) 1913 (second session) CHAPTER 18. An Act to amend The Alberta Insurance Act. (Repealed— 1915, c. 8, s. 102.) 1913 (second session) CHAPTER 19. An Act to amend Chapter 19 of the Statutes of the Province of Alberta, 1907, intituled "The Corporations Taxation Act," and amendments thereto. (Consolidated in 1907, c. 19.) 1423 1913 (second SESSldN) CHAPTER 20. An Act to amend the Company Law. (Assented to October 25, 1913.) LJIS MAJESTY, by and with the advice and consent of the * ■*■ Legislative Assembly of the Province of Alberta, enacts as follows : 1. That this Act may be cited as The Companies Act, 1913. 3. Where any association has been or is about to be formed as a limited company if it proves to the registrar that it is formed for the purpose of promoting art, science, religion, charity or any other useful object, and that it is the intention of such association to apply the profits, if any, or any other income of the association in promoting its objects and to prohibit the payment of any dividend to the members of the association the registrar may direct such association to be registered with Umited hability without the addition of the word "Umited" to its name and such association may be registered accordingly and upon registration shall enjoy all the privileges and be subject to the obligations imposed by The Companies Ordinance and by this Act on limited companies with the exception that none of the provisions thereof that require a limited company to use the word "limited" as a part of its name or to publish its name or to send a list of its members, directors, or managers to the registrar shall apply to an association so registered; the direction by the registrar may be made upon such conditions and subject to such regula- tions as the registrar thinks fit to impose and such conditions and regulations shall be binding on the association and may at the option of the registrar be inserted in the memorandum and articles of association or in both or in one of such documents. 3. In the case of any existing association or company formed for the above mentioned purposes or any of them and using the word "limited" as a part of its name it shall be lawful for the registrar upon the application of such association or comjiany to authorize the discontinuance of the word "limited" as part of such name; and upon such authorization being granted such association or company shall be entitled to the same benefits and subject to the same liabilities as associations registered under the provisions of this Act. 4. Where any association has been or is about to be formed as a limited company, if it proves to the satisfaction of the registrar that it is formed solely for the purpose of promoting recreation amongst its members and that it is the intention of such associa- tion .to apply the profits, if any, or any other income of the association in promoting its objects and that it is not formed with 1424 COMPANIES Cap. 20 gain for its object and that no dividend shall be divided among the members of the association and that its capital does not exceed six thousand dollars the registrar may direct such associa- tion to be registered with limited Uability without the addition of the word "limited" to its name and such association may be registered accordingly and shall enjoy all the privileges and be subject to the obligations of The Companies Ordinance and of this Act with the exception that none of the provisions thereof that require a limited company to use the word "limited" as a part of its name or tb pubUsh its name or to send in to the registrar any of the returns prescribed by this Act shall apply to an. association so registered and that the total fee for registering such an association shall be twenty-five dollars. 5. Tables B and C in the first schedule to The Companies Ordinance are hereby repealed and the following substituted therefor: 1913 (2nd Sees.) "TABLE B. Table of fees to be paid to the registrar by a company having a capital divided iato shares: For registration of a company whose nominal capital does not exceed $20,000 ; $50. 00 For registration of a company whose nominal capital exceeds $20,000, the above fee of $50.00 with the following additional fees regulated according to the amount of capital, that is to say: For every $5,000 or part of $5,000 after the first $20,000 up to $100,000 5.00 For every $10,000 or part of $10,000 after the first $100,000 up to $500,000 3.00 For every $100,000 or part of $100,000 thereafter 20.00 For registration of any increase of capital made after the first regis- tration of the company, the same fees as would have been payable if such increased capital had formed part of the original capital at the time of registration. For registering change of name of a company 5. 00 For registration of any existing company, except such companies as are by this Ordinance exempted from payment of fees in respect of registration under this Ordinance, the same fee as is charged for registering a new company. For registering any document hereby required or authorized to be registered other than the memorandum of association. ... 1.00 For making a record of any fact hereby authorized or required to be recorded by the registrar a fee of 1.00 Fees for each search .25 Fee for publishing the certificate of incorporation in The Alberta Gazette 5. 00 Fee for filing articles of association 2. 00 "TABLE C. Table of fees to be paid to the registrar by a company not having its capital divided into shares: For registration of a company whose number of members as stated in the- articles of association does not exceed 10 $50.00 For registration of a company whose number of members as stated in the articles bi ^sociation exceeds 10 but does not exceed 100 80.00 For registration joi a company whose number of members as stated in the articles of association exceeds 100 but is not stated to be unlimited the above fee of $80.00, with an additional $5.00 for every fifty members after the first 100. For registration of a company in which the number of members is stated in the articles of association to be unlimited 200.00 1425 1913 Cap. 20 COMPANIES (2nd Seas.) For registration of any increase in the number of members made after the registration of the company in respect to every fifty members or less than fifty members of such increase S5.00 Provided, that no one company shall be Uable to pay on the whole a greater fee than $100.00 in respect of its number of members, taking jnto account the fee paid on the first registration of the company. For registering any document hereby required or authorized to be registered other than the memorandum of association. ... 1.00 For making a record of any fact hereby authorized or required to be recorded by the registrar of companies a fee of 1. 00 Fees for each search .25 Fee for publishing the certificate of incorporation in The Alberta Gazette 5.00 Fee for filing articles of association 2. 00 1913 (second session) CHAPTER 21. An Act to amend The Rural Municipality Act. (Consolidated in 1911-12, c. 3.) 1913 (second session) CHAPTER 22. An Act to amend The Town Act. (Consolidited in 1911-12, c. 2.) 1913 (second session) CHAPTER 23. An Act to amend The Village Act. (Consolidated in 1913 (1), c. 5.) 1426 1913 (second session) CHAPTER 24. An Act respecting Brands. {Assented to October 25, 1913.) IJIS MAJESTY, by and with the advice and consent of the ^^ Legislative Assembly of the Province of Alberta, enacts as follows: SHOKT TITLE. 1. This Act may be cited as "The Brand Ad." Short title INTERPRETATION. 3. In this Act unless the context otherwise requires the expression — 1. "Department" means the Department of Agriculture forDepartm«nt Alberta; 2. "Minister" means the Minister of Agriculture for Alberta; Minister 3. "Horse" means any horse, mare, gelding, colt or filly, Horae ass or mule; 4. "Cattle" means any bull, cow, ox, heifer, steer or calf;Cattie 6. "Stock" means any horse or head of cattle; stock 6. "Owner" means the owner, jointly or in severalty of any Owner brand or vent recorded under this Act, and the authorized agent or such owner or transferee; 7. "Brand" means any letter, sign or numeral or combination Brand of the same recorded as allotted; 8. "Vent" means — Vent (o) Any vent brand allotted as having been recorded prior to March 1st, 189^8; (6) A second marking in a horizontal or lazy position imme- diately below the brand mark upon any stock of a letter or numeral forming part or the whole of such brand; Any such brand denoting the fact of the proprietary rights in any stock bearing the same having passed from the owner to some other person. 9. "Recorded" means duly entered in the record to be kept Recorded in pursuance of this Act; 10. "Character" means any sign, letter or numeral. Character brands: THEIR NATURE, OWNERSHIP, DURATION, USE AND SIGNIFICANCE. 3. Subject to the provisions in subsection 2 of this section Brands may contained brands of any form or combination of characters''**""'**'' may be allotted for any part of the body of any stock, subject to the approval of the Minister. 1427 1913 (2nd Seas.) Form of brands Cap. 24 BHANDS Cancellation of brands Renewal of brands Re-allotment of brands to original owner Re-allotment of brands to other persons forbidden Owner's exclu- sive right to use of brand Brand as evidence No evidence if cancelled (2) Every brand for cattle allotted for the hip or thigh, for the rib and for the shoulder or top of arm shall consist of three characters and the shape and pattern of such characters and the arrangement thereof shall be fixed and determined by the Minister: Provided, that on the payment of an additional fee of fifty cents any person may have allotted to him any other brand, which may consist of less than three characters and which does not conflict with any brand already allotted. 4. All brands allotted under the provisions of this Act and all brands and vents allotted under the provisions of any other Act or Ordinance and, save as hereinafter provided, all rights of the owner thereto, therein, or thereunder, shall be cancelled and determined as and upon the several dates respectively here- inafter mentioned, that is to say: Those allotted prior to January 1st, 1907, upon December 31st, 1915; Those allotted during the years 1907, 1908 and 1909, upon December 31st, 1916; Those allotted during the years 1910, 1911 and 1912, upon December 31st, 1917; Those allotted during the years 1913 and 1914, upon December 31st, 1918; And thereafter those allotted subsequent to the 31st day of December in the year 1914 upon the 31st day of December in the fourth year next following the year during which such brand was allotted: 1914, c. 23, s. 1. Provided, that upon appUcation diu-ing the year in which any brand would become cancelled hereunder the allotment and exclusive right to the use thereof may from time to time be renewed for a further period of four years from the end of such year: Provided, further, that the owner of any brand so cancelled may, upon application in writing, not later than three months' next after the date of such cancellation procure the re-allotment to him of such brand. (2) Save as herein provided no brand shall, after any cancella- tion thereof, be again allotted to any person until after the expiration of one year after the date of its cancellation. 1914, c. 23, s. 1. 5. Until the cancellation of the same the owner of any brand allotted under this Act or under any other Act or Ordi- nance shall have the exclusive right to the use thereof, and during such period the mark of any brand upon stock not bearing the mark of a subsequent vent by the owner of such brand shall be 'prima facie evidence in any court or tribunal in Alberta of the ownership by the owner of such brand of the animal bearing the same, but no. such presumption of ownership shall arise or be given effect to in any case where the brand upon any such animal has not been recorded or has been cancelled prior to such evidence being tendered. Recorder of brands RECORD OF BRANDS. 6. The Lieutenant Governor in Council may appoint a Recorder of Brands, who shall be subject to the direction of the Minister 1428 BBANDS Cap. 24 1913 (2od Seas.) and who shall keep in a book or books for that purpose a record of all brands allotted under this Act, or any other Act or Ordi- nance, and of their duration, renewal, re-allotment, cancellation and transfer, together with the dates thereof and the names of the owner or transferee thereof. 7. -Any person shall be entitled to search or have the record Searches and searched to obtain certified extracts therefrom during the regular ^''*'^*''*^ business hours of the department, upon payment of the fees prescribed in the tariff of fees appended hereto. 8. Any person requiring the allotment to him of a brand, ^roKration^^ or the re-allotment or the renewal thereof, shall make apphca^ of brand tion therefor to the recorder, which appUcation shall be accom- panied by the proper fee therefor as prescribed in the said tariff, and upon being satisfied that such appUcation is in conformity with the provisions of this Act the recorder shall grant such appUcation and enter such allotment, renewal or re-allotment in the record forthwith: Provided, however, that the Minister may, if he deems it advisable, refuse any such application: ' Provided also, that no brand shall be allotted to an Indian Uving upon a reserve. 1914, c. 23, s. 1. 9. Upon the recording of the allotment, renewal or re-allot- Certificate of ment of any brand as aforesaid the person in whose name thebrln"!! °* same is last recorded shall become the owner thereof and of aU rights thereto and therein and the recorder shall deUver or transmit to such person a certificate of the allotment, renewal or re- allotment thereof and of the recorded entryjof the same, and the production of any certificate purporting to oe a certificate signed by the recorder under the provisions of this section in any court or tribunal in Alberta shall be prima fade evidence of the owner- ship of such brand without any further proof of signature. 10. The Minister may at any such time and in such manner Publication of as to him may seem advisable cause to be pubUshed from time[,^j^d8^ to time a complete Ust of the brands recorded under this Act and may make a reasonable charge for the volmne containing the same. CHANGE IN RECOKD. 11. The recorder may, upon the appUcation of any owner, chai^e in accompanied by the fee prescribed in the said tariff, make changes in any brand or form or position thereof not inconsistent with the provisions of this Act. ^ NOTICE OF EXPIHATION. 13. It shall be the duty of the recorder in each year to notify Notice of the owners of all brands which would expire and become canceUedb^^'^ntby*" at the expiration of such year of the date upon which the same recorder will become canceUed, unless previously renewed, and such notice shall be given by registered letter, postage prepaid and addressed to such owners respectively at their respective post oflSces as entered in the said record. 1429 1913 Cap. 24 (2iid Seas.) BRANDS CANCELLATION BY THE MINISTER. ^S'co"*'' 1^* ^^ ^°y *^o o'" more owners of stock have the same or flioting brands conflicting brands recorded the Minister may, if he deems it advisable, authorize the cancellation of , the brand last recorded or (with the sanction of the owner) of any brand previously recorded, and may allot another in lieu thereof, without charge. Recording transfer of brands Where owner is dead or absent Vent on transferred stock Or statement of transfer given TRANSFER OF BRANDS. 14. Any person wishing to transfer the ownership in any brand recorded under the provisions of this Act shall make and sign in the presence of a commissioner for oaths, who shall aflBx his signature thereto as such commissioner, as a witness, a memorandum in form A in the schedule hereto, and shall transmit the same to the recorder with the proper fee chargeable upon such transfer, as prescribed in the said tariff; and the recorder, upon the receipt of such memorandum and fees, shall make an entry in the record opposite to the entry of the original allot- ment thereof, setting forth the fact of such transfer of such brand to the transferee, together with his post office address and the date of such entry; and such transferee shall thereafter be deemed to be the owner of and to have the exclusive right to the use of such brand and to the same benefits and rights in respect thereof as before such transfer was held by the trans- ferror hereimder. (2) In case of death or absence of the owner a declaration made by the transferee in form B in the schedule hereto appended may, subject to the approval of the Minister, be accepted in lieu of the memorandum in form A: Provided that such transfer shall not be recorded until thirty days after notice thereof has been pubhshed in one issue of the official gazette and in two successive weekly issues of a newspaper to be named by the Minister. 15. Upon every transfer for value of any stock marked with the recorded ,brand of the transferror the transferror shall also mark his vent on the stock so transferred unless at the time of such transfer the said brand is transferred to the transferee of such stock: Provided, however, that with the transferee's consent it shall be a sufficient compliance with requirements of this section if the transferror shall give to the transferee, when so taking posses- sion of such stock, a statement according to form C in the schedule appended hereto, and thereafter such statement shall, for the space of thirty days next after the date thereof, be accepted in any court or tribunal in Alberta as evidence of the transfer of such stock according to the purport thereof. DROVERS. 16. Whenever the owner of any stock, or his agent, is remov- ing such stock from one point of the province to another, distant twenty miles or more from his home, or to a point beyond the province, he shall provide himself with the brand recorder's certificate of the brand of such stock as a proof that the said 1430 BRANDS Cap. 24 1913 (2nd Sess.) stock are properly in his possession; or such proprietor shall make a declaration before anyone empowered to take affidavits, showing the number and class of stock which are being removed and the recorded brands on the same, \isrhich declaration he shall give to the person in charge of such stock; and any person who may have purchased stock and is driving the same or having them driven from one point in the province to another, or to a point beyond the province, which stock are not branded with the purchaser's recorded brand, shall have in his possession or give to the person in charge thereof a bill of sale of such stock from the vendor thereof, showing the number and class of the same and the last recorded brand on them. Any person shall have the right to inspect such travelling stock and compare the brands thereon with such brand certificate, declaration or bill of sale; and the person in charge of such stock shall, when required, produce and submit the same to inspection, and shall also submit all stock in his charge to inspection. Any owner or drover or person in charge of such stock failing to comply with any of the requirements of this section or anyone who interferes or in any way tries to prevent the inspection of such stock, shall be guilty of an offence under this Act. (2) The provisions of this section shall not apply to any person driving stock for the piupose of shipment or bring- ing the same away from any railway shipping point withini the province reasonably close to the place from or to which such stock are being brought, nor to the driver of any animal which has strayed. BRAND COMMISSIONERS. 17. The Lieutenant Governor in Council may appoint a Appointment board of brand commissioners, to consist of three persons, each ^;^*°^j°''"' of whom shall be the owner of horses or cattle and of at least one brand allotted under this Act, and shall be a resident of Alberta. (2) The said board shall meet at such times and places as Meeting the recorder of brands shall arrange and appoint, and shall advise him of all matters which he may bring to their notice in connection with the administration of this Act. (3) Each member of the said board shall hold office during Tenure of the pleasure of the Lieutenant Governor in Council, and his"^"^™** said office shall be honorary; but each commissioner shall be allowed for his travelling and other expenses while attending meetings of the board the sum of five dollars per day and his actual transportation expenses. (4) The recorder of brands shall be the secretary of the board Record of and shall keep a record of the proceedings of every meeting '"°°°^'^'*° thereof, which shall be certified to by the members of the board present at each such meieting as correct, and shall form a part of the records of the department. OFFENCES AND PENALTIES. 18. Any person who — (o) Brands, or directs, aids or assists to brand any stock Offences with a brand, vent or mark which has not been recorded ^^tie» imdej the provisions of this Act or which has been cancelled thereunder; 1431 1913 Cap. 24 brands (2iid Sess.) (6) Brands or causes, directs or permits to be branded with his own or with any brand, vent or mark any stock of which he is not the owner without the authority of the owner; (c) Blotches, defaces or otherwise renders illegible, or alters any brand, vent or ma^k upon stocky or directs, causes or permits any such brand, vent or mark to be blotched, defaced or otherwise rendered illegible or altered; (d) Refuses to comply with the provisions of section 16 of. this Act; shall be guilty of an offence and, in addition to any other penalty to which he may be subject by law, on simimary conviction thereof before a justice of the peace, be Uable to a penalty not exceeding the sum of $200.00 and costs. 19. The Minister may prescribe any forms necessary for the purpose of carrying out of the provisions of this Act. 30. Chapter 22 of the Ordinances of the North-West Terri- tories, 1900, and amendments are hereby repealed. 1914, c. 23, s. 1. SCHEDULE. FORM A. Memorandum of Transfeb op Brand. To the Recorder of Brands, Medicine Hat, Alberta: DESCRIPTION op I, (oT Wc) BRAND. of , being the recorded owner... of the brand mentioned in the margin (Brand) hereof, having transferred the same to of Alberta, do hereby request that you will make the POSITION necessary transfer to of such brand in your record and I (or we) enclose CATTLE OB HORSES, herewith the sum of j,wo dollars ($2.00) as the author- ized fee therefor imder 'The Brand Act.' Dated at this day of ,..., 191... Ovmer. Witness: Post Office Address. A Commissioner for Oaths for Alberta. 1914, c. 23, s. 1. FORM B. In the Matter op an Application por the Transpbr op a Brand. I, , of , Alberta, do solemnly declare: description 1. That I am the purchaser of the brand men- op BRAND tioned in the margin hereof and recorded in the name of of (Brand) 2. That the said brand was actually sold to me by the said on or POSITION. about the. . . ; day of 191 ... , and that I am entitled to a transfer for the same. 1432 BRANDS Cap. 24 1913 (2nd Sess.) CATTLE OE HORSES. 3. That (a or no) transfer of the said brand was given to me by the said 4. That I am to the best of my knowledge and belief the rightful owner of all (horses or cattle) running at large in this district, branded with the said brand. And I make this solemn declaration; conscientiously believing it to be true and knowing it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Ad. Declared before me at 1 in the Province of Alberta this \ day of A.D. 191 J (Signature of Transferee.) A Commissioner of Oaths for Alberta. 1914, c. 23, s. 1. FORM C. To all whom the same may in anywise concern: Take notice that I have this day sold to (nome o/ purchaser) the foUow ing described stock: branded with my recorded brand No. Description: Dated at this. day of , 19 (Signature.) (P.d.' Address.)' Tariff of Fees. On application of allotment of a brand $3.00 On appUcation of renewal of a brand ._y 2. 00 On application of re-allotment of a brand 3. 00 On application for change in the record of a brand 2. 00 On every transfer of a recorded brand 3. 00 For every search of a brand record 1 . 00 For every certified extract from the brand record 2. 00 1914, c. 23, s. 1. 1913 (second session) CHAPTER 25. An Act to amend The Game Act, being Chapter 14 of the Statutes of Alberta, 1907, as amended by the Statutes of Alberta, 1908, 1909, 1910 (2nd Session), and 1911-12. (Consolidated in 1907, c. 14.) 1433 1913 (second session) CHAPTER 26. An Act to provide for Giving Threshers a Lien in Certain Cases. (Assented to October 25, 1913.) OIS MAJESTY, by and with the advice and consent of the ^^ JLegislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Threshers Lien Ad." 3. Every person, firm or company owning or operating a threshing machine or separator, or causing the same to be operated, shall each year before commencing operations register his or their machine or machines with the Minister of Agriculture and shall procure a certificate of registration as in form A in the schedule hereto. 3. Such registration certificate shall be kept posted in a conspicuous place upon the machine or separator by the owner or operator during the whole of the threshing season. 4. The fee for registration shall be $1.00. (2) Upon a transfer of ownership of a machine, registered imder this Act, the certificate of registration may be transferred as in form B in the schedule hereto by the Minister of Agricul- ture upon proof to his satisfaction of siich transfer upon payment of a transfer fee of 50 cents. 5. Every person who threshes or causes to be threshed grain of any Hnd for another person at or for a fixed price or rate of remuneration shall from the date of the commencement of such threshing have a lien upon such grain for the purpose of securing payment of the said price or remuneration and may take a sufiicient quantity of such grain to secure payment of said price or remuneration or of such part or proportion thereof as may be earned at the time of such taking and such lien shall have priority over all rights of execution against the owner thereof or chattel mortgages, bills of sale or conveyances made by him and over rights of distress for rent reserved upon the land upon which the grain is grown; provided, that the right to exercise said lien and to take, remove and sell the grain retained under said hen shall be subject to the following conditions: 1, The machine or separator must be registered in the name of the owner or owners in accordance with the provisions of this Act. 1434 THEESHERS LIEN Cap. 26 1913 (2nd Sess.) (2) Notice of said retention of said grain shall be given during the threshing or forthwith after the threshing is finished and said grain so retained shall be separated from the bulk of the threshed grain and removed from the premises within thirty days. (3) All claims for wages from employees of the thresher for such threshing shall be satisfied. 6. The quantity of grain which may be so retained shall be approximately such as will when computed at the market value thereof at the nearest market pay the total account for threshing done that season, together with the cost of haulage of the grain so retained as follows: 4 cents per 100 pounds for six miles or less, and ^ cents per 100 pounds for each additional mile; pro- vided that the total charge for haulage shall not exceed 20 cents per 100 pounds. 7. The person who asserts such right of retention and removal may house or store the grain so taken and removed in his own name and if at the expiration of fifteen days from the time when such right of retention is asserted by the person entitled to the same the price or remuneration for which the said grain is held be not paid such person may sell the said grain at a fair market price, retain the haulage as set out in section 6 hereof and the price of remuneration for threshing and pay the balance, if any, to the owner of said grain. 8. In all cases grain retained imder the provisions of this Act shall be sold within thirty days after the right of retention, is asserted, unless the owner thereof consents in writing to the same being held imsold for a longer period. 9. Every owner or operator of a machine shall from time to time, as he may be required by the Minister of Agriculture, send to the Department of Agriculture such certificates as to compliance with the provisions of The Noxious Weeds Act, and such other information, statistics and retmns as may be required from him. 10. The violation of any of the provisions of this Act shall be an offence for which the offender shall be liable on summary conviction to a penalty not exceeding $25 and costs, and in default of payment thereof it shall be lawful for a justice or justices of the peace or police magistrate so convicting them or any one of them to commit the offender to the nearest common gaol, with or without hard labour, for a period not exceeding thirty days, unless the said penalty be sooner paid. 11. All fines imposed for the violation of this Act shall be paid over to the general revenue fimd of the province. 13. The provisions of chapter 60 of the Consolidated Ordi- nances of the North-West Territories, 1898, as amended by chapter 11 of the Ordinances of the North-West Territories, 1899, are hereby repealed. 1435 1913 Cap. 26 threshers lien (2nd Seas.) SCHEDULE. FORM A. government op the pbovincb op alberta, department op agriculture. Registration Certtpicate op Threshing Machine, No This is to certify that of : . has duly registered his threshing machine in accordance with the provisions of section 2 of The Threshers Lmi Act. Dated at Edmonton, Alberta, this day of 19 Minister of Agriculture. FORM B. Certificate op Transfer. I hereby certify that this certificate is this day transferred from'. of to. of Dated at Edmonton, Alberta, this day of 19 Minister of Agriculture. 1436 1913 (second session) CHAPTER 27. An Act for Restraining Dangerous and Mischievous Animals. • (Assented to October 25, 1913.) LJIS MAJESTY, by and with the advice and consent of the *■ * Legislative Assembly of the Province of Alberta, enacts as follows : 1. This Act may be cited as "An Act for Restraining Dangerous and Mischievous Animals." 3. On information made on oath before a justice of the peace that the accused owns or has in his possession any cross or dangerous or notoriously breachy or mischievous animal or animals, and that said animal or animals are not confined or restrained in such a manner as to protect the pubUc from injury or loss, such justice may, when the owner of such animal or animals is known, issue a sunamons directed to such person or persons stating the matter of complaint and requiring such accused person or persons to appear before him at a certain time and place therein stated to answer such complaint, and upon conviction on the evidence of two credible witnesses other than the complainant the justice may make an order, with or without costs, requiring the accused to confine or restrain such animal or animals in such maimer as to the justice may appear necessary. 3. Upon default of compUance with such order the justice may, on summary conviction, impose a fine upon such owner or possessor of said animal or animals not exceeding $50.00 and costs for each offence, and in default of payment thereof commit the offender to the nearest common gaol, with or without hard labour, for a period not exceeding 30 days, unless such penalty be sooner paid. 4. When the owner is not known and no one claims possession of said animal or animals the justice may upon hearing the evidence of two credible witnesses, other than the complainant, make an order authorizing the complainant to deal with said animal or animals as under The Stray Animals Ordinance where the owner is not known. 5. "Where it is shown to the satisfaction of the Minister' of Agriculture that horses or cattle having escaped and become wild are doing damage to settlers' crops and stock or endanger- ing life, he may appoint a suitable person to capture, confine or otherwise take the said animals in charge and provide for their disposal. 6. Any sheep or hog which breaks through or under any fence shall be deemed to be a "notoriously breachy" animal within the meaning of this Act. 1915, c. 2, s. 19. 1437 1913 (second session) CHAPTER 28. Short title An Act relating to Liens of Woodmen for Services. {Assented to October 22, 1913.) jLIIS MAJESTY, by and with the advice and consent of the '^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as " The Woodman's Lien Act." Interpretation g. In this Act, unless the context otherwise requires- LogB and timber Labour, service or- BervieeB Person in seotion 3 Judge Lien Lien to attach when Btatement filed in office of Dietrict Court clerk (a) The expression "logs and timber" means and includes logs,- timber, poles, ties, bolts, staves, posts, tanbark and wood; (b) The expression "labour, service or services" means and includes cutting, skidding, felling, hauling, sckling, banking, driving, running, rafting or booming any logs or timber, and any work done by cooks, blacksmiths, artisans and others, usually employed in connection therewith whether performed by wage- earners or others; (c) The expression "person" in the third section of this Act shall be interpreted to include clerks, timekeepers, storekeepers,^ cooks, blacksmiths, artisans and all others usually employed' in connection with such labour, service or services; (d) The expression "judge" means a judge of any of the District Courts in this province, or any deputy lawfully acting for him or any judge of the Supreme Court. HOW LIEN ARISES AND WHEN SAME ATTACHES. 3. Any person performing any labour, service or services in connection with any logs or timber within this province shall have a lien thereon and upon any logs or timber belonging to the same owner with which any such logs or timber or any porti n thereof may have become mixed for the amount due, for such labour, service or services and the same shall be deemed a first lien or charge on such logs or timber, and shall have precedence of all other claims or liens thereon, except any lien or claim which the Crown may have upon such logs or timber for or in respect of any dues or charges and no contract hereinbefore or here- after entered into shall deprive such person of such lien. 4. The lien provided for in the last preceding section shall not remain a charge on the logs or timber, unless a statement thereof in writing verified upon oath by the person claiming such Hen, . or some one duly authorized on his behalf, and bearing indorse thereon the name and address of the claimant or his solicitor shall be filed in the office of the clerk of the District Court or of 1438 woodman's lien Cap. 28 1913 (2iid SesB.) the Supreme Court (according to the amount of the claim) of the judicial district in which the labour or services or some part thereof has been performed: Provided that, when such labour or. services have been per- Proviso formed upon any logs or timber got out to be run down or run down any of the rivers or streams, within or partly within the Province of Alberta, such statement may, at the option of the claimant, be filed in the office of the clerk of the District Court or of the Supreme Court of the judicial district wherein the drive terminates or reaches its destination. 5. Such statement shall set out briefly the nature of the debt, ^°t^e„t°' demand or claim, the amount due to the claimant, as near as may of uen be, over and above all Ipgal set-offs or counter-claims and a description of the logs or timber upon or against which the lein is claimed, and may be in the form set out in schedule A to this Act or to the like effect. 6. If such labour, service or services be performed between when the first day of October and the first day of June next thereafter, fe^^i"* *° the statement of claim shall be filed on or before the thirtieth day of said month of Jime, but if ^uch labour or services be done or performed on or after the first day of June and before the first day of October in any year, then such statement shall be filed within thirty days after the last day such labour, service or services were performed: Provided that no mortgage, sale or transfer of the logs or Proviso timber upon which a lien is claimed under this Act. during the time limited for the fifing of such statement of claim and previous to the filing thereof, or after the filing thereof and during the time Umited for the enforcement thereof, shall in anywise affect such lien, but such lien shall remain and be in force against such logs or timber, no matter in whose possession the same shall be found. ENFORCEMENT OP LIEN. 7. Any person or persons having a lien upon or against any Enforcement logs or timber under this Act may enforce the same by the regular"' ^^^ practice and procedure of the courts according to the amount of the claim either in the District Court, or in the Supreme Court in the district within whose jurisdiction the said logs or timber, or any part thereof, may be situated at the time of the commencement of the siiit; and such suit may be commenced to enforce such liens, if the same be due, immediately after the filing of such statement, or if credit has been given, immediately after the expiry of the period of credit, and such hen shall cease to be lien upon the property named in such statement, unless the proceedings to enforce the same be commenced within thirty days after the filing of the statement of claim or within thirty days of the expiry of the period of credit. In all such suits the person, company or corporation liable for the payment of such debt or claim shall be made the party defendant. 8. In any case, whether commenced by writ of summons Summary or attachment, the judge may order that the same shall be dis-^e3°*'°' 1439 1913 (2nd Sess.) Cap. 28 WOODMAN S LIEN posed of summarity in chambers, upon such terms as to notice and otherwise as the order shall provide, and the same may be so heard and disposed of. Chamber application to set aside attachment or seizure When attachment to issue Issue of writ 9. The judge may also entertain in chambers any application to set aside an attachment or seizure or to release logs or timber that have been seized, and may summarily dispose of the same. 10. When the amount of any claim filed as aforesaid is not less than ten dollars, upon the production and filing of a copy of said claim and affidavit, and of an affidavit made and sworn by the claimant as to the correctness of the amount of the claim due and owing, and showing that the same has been filed as aforesaid, and stating that — (a) He has good reason to believe and does believe that the logs or timber are about to be removed out of the Province of Alberta; or (&) That the person indebted for the amount of such lien has absconded from the province with the intent to defraud or defeat his creditors; or (c) That the logs or timber are about to be cut into lumber or other timber, so that the same cannot be identified; (d) And that he is in danger of losing his said claim if an attachment do not issue; and (e) If an affidavit corroborating the affidavit of the plaintiff in respect of subsections (a), (6), or (c) of this section be also filed, then the clerk of the proper court within whose jurisdiction the logs or timber are shall issue a writ of attachment, directed to the sheriff or bailiff of such court, commanding such sheriff or bailiff to attach, seize, take and safely keep such logs or timber, or a sufficient portion thereof to secure the sum mentioned in the said writ, and the costs of the suit and of the proceedings to enforce the lien, and to return the writ forthwith to the court out of which the same issued. Second seizure Service of writ of attachment 11. Where additional claims are made or the amount of a claim is increased or a sufficient seizure has not been made, a second or subsequent seizure may be made either under execution or attachment. 13. The said writ of attachment shall also, where no writ of summons has issued, summon the defendant to enter an appearance in the court out of which the attachment has issued, and a copy of the writ of attachment .shall be served upon the defendant, and if the defendant in such attachment is not the owner of the logs or timber described in the writ of attachment then a copy of the writ shall also be served upon the owner of the said logs or timber, or upon the agent or person in whose possession, custody or control they may be found for him. The owner may on his own application or by direction of a judge, be made a party defendant at the trial. Orders allowing defendant or owner to defend 13. Where the service has not been personal upon either the defendant or owner, and where a proper defence has not been filed, the judge may in his discretion admit them or either 1440 ■woodman's lien Cap. 28 1913 (2nd Sees.) of them to make full defence and may mate such order as to ser- vice and otherwise in the premises as may be reasonable and just to all parties. 14. No sheriff or bailiff shall seize upon or detain any logs togs not to or timber under the provisions of this Act when in transit byj'^°^^°\™^y° •water from the place where cut to the place of destination. water 15. In case of an attachment, if the owner of said logs or Possession timber, or any other person in his behalf, shall execute and fileupo"^^*"'' with the clerk of the coiu-t out of which the attachment has^f^^ond" issued a good and sufficient bond to the person claiming the lien, executed by two sureties and approved by the said clerk and conditioned for the pajnnent of all "damages, costs, charges, dis- bursements and expenses that may be recovered by the claimant in such proceedings, together with the amount for which a lien is claimed in any other suit, if any, the clerk shall issue an order to the sheriff or bailiff having in charge the logs or timber directing their release, and upon service of such order upon the bailiff, he shall release the same. 16. Any person who shall have been served with a copy of^°^^j^g°* the writ of attachment under this Act, and who may desire to dispute the same, shall, within ten days after such service,, file in the court in which proceedings are pending a statement of defence. 17. If no statement of defence is filed under the last preceding Judgment section, judgment may be entered as in the case of default, and ^^ '^^'*"'* the practice or procedure may be the same as in a suit begun by writ of summons. 18. The defendant may, at any time after service of the ■writ?^y™™Jj of attachment and before the sale of the logs or timber, pay into court the amount for which a lien is claimed in the suit, together with the amount for which a lien is claimed in any other suit (if any), and together with costs of the proceedings thereon to the date of such payment taxed by the clerk of the court if so required, and the person making such payment shall thereupon be entitled to a certificate vacating such lien; and upon said certificate being filed with the clerk of the court in which the original statement of claim was filed the said lien shall be vacated and all further proceedings thereon shall cease and the person hiaking such payment shall further be entitled to an order directing the delivery up of the logs or timber seized under the attachment and the cancellation of any bond given under the eighteenth section of this Act. 19. In any case commenced by writ of attachment, after Hearing the expiration of the time hereinbefore named within which aa?count^?^f statement of defence may » be filed and provided a statement of defence has been filed, the judge shall, in chambers as pro- vided by section 11 of this Act, or at the next sitting of the court after due notice has been given to all parties to the suit and to all persons claiming hens on the logs or timber and whose liens are duly filed as aforesaid, or to their soUcitors, hear all such parties and claimants, and take all accounts necessary to deter- 1441 1913 (2nd Seas.) Judge's report and order for payment Cap. 28 woodman's lien mine the amounts, if any, due to them or any of them or to any other holders of liens who may be called by the judge to prove their liens, and shall fix or cause to be taxed by the clerk their costs and determine by whom the same shall be payable and settle their priorities and generally determine all such matters as may be necessary for the adjustment of the rights of the several parties. 30. At the conclusion of the inquiry the judge shall make his report and order, which shall state his findings and direct the payment into the court in which proceedings are pending of the amoimts, if any, so found due and costs, within eight days thereafter, and, in default of such payment that the logs or timber shall be sold by the sheriff or bailiff for the satisfaction of the amounts found due to the several parties upon the inquiry and costs. Time of sale gj, jjj default of pajoneut into court under the last preceding section within the said eight days the said logs or timbier shall within twenty, days thereafter be sold by the sheriff or bailiff, in the same manner and subject to the same provisions of law as goods and chattels seized or taken in execution, unless the judge shall direct that additional publicity be given to the sale; and the amount realized by such sale shall, after deducting the expenses thereof payable to the sheriff or bailiff, be paid into the court in which the proceedings are pending, and shall upon the application of the several parties found to be entitled thereto under the order of the judge, be paid out to them by the clerk of the said court: Apportionment Provided that where the amount realized upon the sale shall where sum not bc sufiicient to pay the claims in full and costs, the judge insufficient to shall apportion the amount realized 'pro rata among the different pay all claims claimants. Money realized to be paid into court Apportionment Judgment and execution for balance remaining unpaid 33. If, after such sale and distribution of the proceeds thereof under the preceding section, any balance shall remain due to any person under the said order of the judge, the clerk of the court shall upon the application of such person give to him a certificate that such amount remains due, which certificate may be entered as a judgment in the court having jurisdiction, against the person or persons by whom the claim was directed to be paid, and execu- tion may be issued thereupon as in the case of other judgments in the courts. Discharge if liens where claims unfounded Disposition of balance of money paid into court 33. Where nothing shall be found due upon the several claims filed under this Act or upon the lien or liens in respect to which proceedings have been taken, the judge may direct by his said order that the lien or hens be discharged and the logs or timber released or the security given therefor be dehvered up and cancelled, and shall also by such order direct payment forthwith of any costs which may be found due to the defendant or owner of the said logs or timber. ^ 34. Where more money shall be paid into court as the pro- ceeds of the sale of logs or timber than shall be required to satisfy the hen which shall have been proven and the interest and costs, the remaining moneys shall be paid over to the party entitled to the same unless the judge otherwise orders. 1442 woodman's lien Cap. 28 1913 (2ad Sesa.) 25. Any person affected by the proceedings taken under Dismissal tor this Act may apply to the judge to dismiss the same for want ™°* °J^i^^ of prosecution, and the judge may make such order upon the application as to costs or otherwise as may be just. 36. The judge may at any stage of such proceedings on apph- Adding cation of any party, or as he may see fit, order that any person''"*'™ who may be deemed a necessary party to any such proceedings be added as a party thereto or be served with any process or notice provided for by this Act, and the judge may make such order as to the costs of adding such person or corporation or as to such service as may be just. 21. Nothing in this Act contained shall be deemed to dis- other entitle any person to any other remedy than that afforded byprSrarved this Act for the recovery of any amount due in respect of labour, service or services performed upon or in connection with any logs or timber; and where a suit is brought to enforce a lien, but no hen shall be found to exist, judgment may be directed for the amount found due as in an ordinary case. 88. Any number of lienholders may join whether by writjl^'JlJj^"/^ of attachment or otherwise in taking proceedings under this Act, or may assign their claims to any one or more persons but the statement of claim shall include particular statements of the several claims of persons so joining. 39. The practice and procedure of the District Courts and of the Supreme Court (according to the amount of the claim) shall be followed as nearly as may be, as also the tariff of costs of the said courts. SCHEDULE. The following is the Schedule referred to in this Act; SCHEDULE A. (Sections 4 end 5.) Statement of Claim of Lien. "A.B. (name of claimant), of (here state residence of claimant), (if so) as statement of assignee of (state name and address of assignor) widerThe Woodman's Lien claim of lien Act, claims a lien upon certain logs or timber, the property of (here state the name and residence of the ovmer of logs or timber upon which the lien is claimed if known) and which logs and timber are composed of (state the kinds of logs or timber such as spruce, tamarac, cedar, or other logs, ties, poles, posts, etc., also where situate at the time of filing of statement) in respect of the follow- ing work, that is to say (here give a short description of the work done for which the lien is claimed), which work was done for (here state the name and residence of the person upon whose credit the work was done) between the day of and the day of at (per day, month or quantity).- The amount claimed aa due (or to become due) is the sum of (when credit has been given) the said work was done on credit, and the period of credit will expire on -the day of A.D. 19 (Signature of Claimant.) 1443 1913 Cap. 28 woodman's lien (2nd Seaa.) Affidavit to be Attached to Statement op Claim. Affidavit i^ ^ make oath and say that I have read ^'aiin^ (<"' iiB,ve heard read) the foregoing statement of claim, and I say that the facts therein set forth are to thelaest of my knowledge and belief true, and the amoimt claimed to be due to me in respect of my lien is due and owing to me after giving credit for all the sums of money, goods or merchandise to which the said (naming the debtor) is entitled to credit as against me. Sworn before me at in the. of this day of A.D. 19 (Signature of Claimant.) A Commissioner, etc. 1444 1913 (second session) CHAPTER 29. An Act for Raising Money on the Credit of the General Revenue Fund of Alberta. (Assented to October 22, 1913.) UIS MAJESTY, by and with the advice aiid consent of the '■'■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. It shall be lawful for the Lieutenant Governor in Council, from time to time, to authorize the Provincial Treasurer to raise, by way of a loan, upon the credit of the province, such sum or sums of money, not to exceed in the whole Three million six hundred thousand dollars, for all or any of the purposes following, that is to say: (a) For the extension of the Provincial Telephone System, One million dollars; (6) For loans to the Alberta Farmers Co-operative Eleyator Company, Limited, One million doUars; (c) For the carrying on of Public Works authorized by the Legislature, One million six hundred thousand dollars. (2) The aforesaid siuns of money may be borrowed for any term or terms, not exceeding fifty years, at a rate not exceeding four and one-half per cent, per annum, and shall be raised upon the credit of the General Revenue Fund of the Province of Alberta and shall be chargeable thereon. Note. — Chapters 30 to 66 both inclusive are Private Acts. 1445 1914 CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money for the Public Service of the Fiscal Years ending respectively the Thirty-first day of December, 1913, the Thirty-first day of December, 1914, and the Thirty-first day of December, 1916. (Assented to- October 22, 1914.) Most Gracious Sovereign: \A7HEREAS it appears by Messages from His Honour George •y Hedley Vicars Bulyea, Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Messages, that the sums hereinafter mentioned are required to defray certain expenses of the Public Service of Alberta not otherwise provided for during the financial periods ending respec- tively the thirty-first day of December, one thousand nine himdred and thirteen, the thirty-first day of December, one thousand nine hundred and fourteen, and the thirty-first day of December, one thousand nine hundred and fifteen, and for other purposes relating thereto: May it therefore please Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1914." 3. From and out of the General Revenue Fund there may be paid and applied a sum not exceeding in the whole one hundred and thirty-nine thousand three hundred and twenty-six dollars and thirty-four cents towards defraying the several charges and expenses of the Public Service from the first day of January to the thirty-first day of December, in the year of our Lord one thousand nine hundred and thirteen, not otherwise provided for and set forth in schedule A to this Act. 3. From and out of the General Revenue Fund there may be paid and applied a smn not exceeding in the whole five hundred and fourteen thousand nine hundred and eighty-three dollars and no cents towards defra.ying the several charges and expenses of the PubUc Service from the first day of January to the thirty- first day of December, in the year of oiu- Lord one thousand nine hundred and fourteen, not otherwise provided for and set forth in schedule B to this Act. 4r. From and out of the General Revenue Fund there may be paid and applied a sum not exceeding in the whole seven million seven hundred and seventy-five thousand and ninety-five dollars and no cents towards defraying the several charges 1447 1914 Cap. 1 APPEOPBIATION and expenses of the Public Service from the first day of January to the thirty-first day of December in the year of our Lord one thousand nine hundred and fifteen, not otherwise provided for and set forth in schedule C to this Act. 5. The due application of all moneys expended under this Act shall be accounted for. SCHEDULE A. Sums granted to His Majesty by this Act for the fiscal year ending December 31, 1913, and the purposes for which they are granted. Public Debt $11,582.38 Civil Government — Attorney General's Department 4,709. 69 Telephones— Chargeable to Income 65,788. 96 Chargeable to Capital $57,245. 31 $82,081.03 $57,245.31 SCHEDULE B. Sums granted to His Majesty by this Act for the fiscal year ending December 31, 1914, and the purposes for which they are granted. Civil Government — Executive Council $ 1,600.00 Attorney General's Department 2,640. 00 Provincial Secretary's Department 2,500. 00 Education Department 10,000. 00 Agriculture Department 1,600. 00 Government Printer 1,300. 00 $19,440.00 Legislation — To provide for Sessional Indemnity for Member for Peace River for portion of Second Session of 1913 $1,000. 00 To provide for Sessional Indemnity for the late Member for Wetaski- win for Session of 1914 1,500. 00 $ 2,500.00 Administration or Justice 94,320. 00 Education 68,723. 00 Miscellaneous (Capital) $340,000.00 $174,983.00 $340,000.00 SCHEDULE C. Sums granted to His Majesty by this Act for the fiscal year ending December 31, 1916, and the purposes for which they are granted. I. Public Debt $725,000.00 II. Civil Government — Lieutenant Governor's OflSce $ 2,700. 00 Executive Council 71,500. 00 Attorney General's Department 45,000. 00 1448 APPBOPBIATION Cap. 1 1914 Provincial Secretary's Department $26,020. 00 lyiunicipal Affairs Department 65,040. 00 Treasuiy Department 33,820. 00 Auditor's Office 27,840.00 Public Works Department 80,680. 00 Education Department 62,840. 00 Agriculture Department 51,080. 00 Railways and Telephones Department 13,740. 00 Government Printer 14,740.00 $494,900.00 III. Legislation 120,525. 00 IV. Administration of Justicb 792,130. 00 V. PiTBLic Works — Chargeable to Income 593,520. 00 Chargeable to Capital $1,385,000.00 VI. Education — Chargeable to Income 814,370. 00 Chargeable to Capital 75,000. 00 VII. AGRICnLTURE AND STATISTICS — Chargeable to Income 528,000. 00 Chargeable to Capital 212,500. 00 VIII. Hospitals, Charities and Public Health 127,000.00 IX. Telephones — ., Chargeable to Income 900,000. 00 Chargeable to Capital ,^ 700,000. 00 X. Public Institutions 257,000. 00 XI. Municipal Apfairs Department 11,650. 00 XII. Miscellaneous 38,500. 00 $5,402,595.00 $2,372,500.00 1914 CHAPTER 2. An Act to amend the Statute Law. {Consolidated in the various Acts.) 1449 1914 CHAPTER 3. An Act respecting the Taxation of Wild Lands. (Assented to October 22, 1914.) UIS MAJESTY, by and with the advice and consent of the ^^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Wild Lands Tax Ad." tax: how and when payable. TCM Lands 2. FoT the purpose of adding to or supplementing the revenues of the Crown a tax at the rate of one per cent, of the assessed value to be called a Wild Lands Tax shall be annually assessed, levied and collected on all land within the province subject to taxation under this Act; provided, however, that in the event of the tax payable on any lot or fraction of a section of land under this section for the purposes of this Act being less than $1.00, the tax to be entered on the roll as payable for such purposes would be $1.00. exemptions 3. The lands exempt from taxation under the provisions of this Act shall be — 1. Any land held in trust for the Crown; 2. Land specially exempted by law or held for the public use of the Province of Alberta; 3. All lands held by or in trust for the use of any tribe of Indians; 4. The land to the extent of three acres held by or for the use of any church and occupied by a building used for church purposes; 5. The land in use as a public cemetery not exceeding twenty- five acres; 6. Land for which homestead entry has been made under the provisions of The Dominion Lands Act or of any Act substituted therefor and for which patent has not been issued; 7. All land held under grazing lease from the Government of Canada actually used for grazing purposes, and in accordance with the terms and provisions of the Grazing Regulations as from time to time in force; 8. Land vested in any library board estabUshed under the provisions of The Public Libraries Act, being chapter 17 of the Statutes of Alberta, 1907, or any Act passed ia amendment or substitution thereof; 9. Land used by agricultural societies organized under The Agricultural Societies Ordinance, or any Act passed in amendment or substitution thereof; 1450 WILD LANDS TAX Cap. 3 1914 10. Land attached to and uSjed in connection with any hospital which receives aid from the province under the provisions of The Hospital Ordinance or any Act passed in amendment or substitution thereof; 11. All land belonging to any city, town, village or rural muni- cipality and used for the purposes thereof; 12. Land attached to or otherwise bona fide used in connection with or for the purposes of every university; every school estab- lished under the authority of The School Ordinance, and every incorporated hospital, so long as the said land is actually used and occupied by such institution, but not if otherwise occupied; 13. Land held by the province under reservation for public purposes; 14. A fractional section of land less than one acre in extent or any lot described upon a registered plan being less than one acre in extent; 15. Land included within the boundaries of an incorporated city, town or village; 16. All enclosed land which has been used for the purpose of pasturing horses, cattle or sheep which are the property of the owner of the land and upon which horses or cattle to the number of at least one or sheep to the number of at least three for every ten acres so enclosed have been pasturing for six months during the previous year; provided that the Minister of Municipal Affairs may by written order modify the requirements of this subsection for any given year or years and for any section or sections of the province; 17. Land owned by a bona fide farmer who is actually residing on some portion of same; provided that the exemption under this clause shall not exceed 640 acres in the aggregate; such exemption, however, may cover parcels of land which are not contiguous but which are situated within a radius of nine miles from the home of the owner; 18. The land of any owner where each section or portion thereof has had one-fourth of its area imder cultivation or crop during the previous year; provided that where the owner has several portions of land within a radius of nine miles and in the same assessment district the area under cultivation or crop may be on any portion. ASSESSMENT DISTRICTS. 4. For the purposes of this Act, the Lieutenant Governor Aaaessment in Council shall have power to divide the province into assess- districts ment districts and to define the boundaries thereof, and from time to time alter the boundaries of any district and create new districts. 5. The Lieutenant Governor in Council shall from time Assessors and to time appoint in and for each district persons to act as assessor ''°'^"'°" or assessors, collector or collectors, and to prescribe regulations for governing them in the performance of their duties and hke-dP^MSOTs"* wise to apj)oint the portion or portions of any district within™,^ which any such assessor or collector shall act. "" °°*°" 6. Every assessor or collector before entering on the duties Bonds of his oflBce shall enter into a bond for the faithful performance of his duties. 1451 1914 Bonds : how given Cap. 3 WILD LANDS TAX 7. Such bonds shall be given by the officer in such s\im and such manner as the Lieutenant Governor in Council shall require in that behalf. ASSESSMENT AND TAXATION. Assessment: how made. Assessment to be made Jrior to 1st uly in each year 8. All taxes under this Act shall be levied equally upon all rateable land according to the assessed value of such land and it shall be the duty of the assessor to make the assessment of such land as hereinafter provided. 9. As soon as may be in each year but not later than the first day of July the assessor shall assess every person the owner of land in the assessment district and shall prepare an assessment roll in which shall be set out as accurately as may be — (a) The name of the owner of every lot or parcel of land in the assessment district, which is Uable to assessment,, and the post oflSce address if known of every such owner. (b) A brief description of each such lot or parcel of land, the number of acres which it contains and the assessed value thereof. (2) Such assessment roll shall be as in the form following or to the like effect or in such form as may be prescribed from time to time by the Minister of Municipal Affairs. 1452 WILD LANDS TAX Cap. 3 1914 •0(i i^diaoe'a prej ^nnoray Bjci^raj aoi^o^ xBjt JO ^:^Ba moi BiBajiy g^wa iB-jox not^BXBx JO a^jB^j jossassy jo sppmi aoi;o^ 3UTITBJ\i JO ^VSQ janMQ JO ssajppv '0 • '^™''='' *■■«* leased, held under license, claimed or occupied by any person for the special purpose of cutting or removing timber therefrom, or which is held as an investment or for the accruing value of the timber growing thereon, and which is not merely held in trust for the Crown or for any body or tribe of Indians; 2. "Minister" means the Minister of Municipal Affairs; Minister 3. "Person" shall include companies, corporations, firms, ^«™°i associations, trustees, executors, administrators, guardians, agents and receivers; 4. "Proprietor" shall include any person who owns, controls, ^'•"p"^*"' occupies, leases, holds under license, claims or carries on opera- tions upon any timber area or timber berth. 3. On or before the first day of March in each and every year Annual every proprietor of a timber area shall, without receiving any" ""^"^ notice or demand, deliver to the Minister a statement verified by the affidavit of himself, his manager, or some person having a pergonal knowledge of all the facts and circumstances, and such statement shall give in detail the following information: (a) The name of the proprietor; (6) If the proprietor is not an individual, a statement as to whether it is a firm, company, or corporation, and the manner in which it was found or incorporated; (c) The names and addresses of the proprietor's officers and general manager; (d) The location of the proprietor's head office in the province; (e) The legal or other well defined description of each parcel of land contained in such timber area, together with the acreage thereof, 4. The Minister may at any time require any proprietor to Miniater may furnish under oath any information with regard to a timber fnflj^mation area, and such information shall be delivered to the Minister with'n thirty days after a demand therefor has been sent by registered mail to the head office of the proprietor within the province. 1485 1914 Cap. 15 TIMBER AKEAS TAX Penalty for default 5. Every proprietor, and the manager or agent in the province of every proprietor, who does not conform with the provisions of the two last preceding sections, shall be liable upon summary conviction before a justice of the peace to a penalty of $20.00 per day for each day for which default in delivering any of the said returns continues, and the proprietor shall also pay the amount of the tax hereinafter prescribed for the period covered by such returns, together with one himdred per centum of the said amount which shall be collectable as part of the said tax. Tax Ijieutenant Governor in Council may rebate Taxes may be collected by distress or action Taxes a first lien Lien not to be defeated 6. On or before the first day of June in each and every year every proprietor of a timber area in the province shall pay to the Minister of Municipal Affairs, a tax of two and one-half cents for every acre of land comprising such timber area; provided, that every proprietor shall pay a minimum tax of $25.00. 7. Upon the receipt of satisfactory eyidence that the whole or any part of a timber area is held exclusively for tfie purpose of cutting cordwood or timber for settler's use, the Lieutenant Governor in Cotmcil may relieve the proprietor from paying the whole or any part of the said tax, and if the proprietor is manufacturing lumber in Alberta from timber cut on any such area, the LieutenantGovemor in Council may rebate such portion of the said tax as may be deemed advisable, but the said rebate shall not exceed one and one-half cents per acre. 8. If default is made in the payment of taxes imposed by this Act they may be levied and collected with costs by distress upon the goods and chattels of the proprietor, wherever they may be found within the province, and upon receipt of a warrant signed by the Minister such distress shall be levied by the sheriff of the judicial district in which the proprietor may have any goods or chattels, and in such case the sheriff shall realize the arrears of the said tax, and the double tax or penalty, and the costs of the seizure and sale of such part of the said goods and chattels as may be necessary to satisfy the amount required to be leAried by the said warrant, or the said taxes, and the double tax and penalty hereinbefore prescribed may be recovered with costs in any court of competent jurisdiction in an action brought by the Minister of Municipal Affairs as plaintiff, but it shall not be necessary to name the said Minister, and the action shall not abate by reason of a change of the person holding that office. I 9. All taxes payable under this Act shall be a first charge or lien on the whole or any part of liunber, saw logs, ties, or other timber cut from any timber area, and the said lumber, saw logs, ties, or other timber may be seized and detained by the agents of the Minister in any part of the province until the said taxes are paid or secured. 10. No transfer, assignment, sale, mortgage, or delivery to any person of the said lumber, saw logs, ties, or other timber, shall in any way affect or defeat the said lien, and if the lumber, saw logs, ties or other timber, are cut or converted into any other form or mixed or piled with any lumber, saw logs, ties, or other timber, upon which the said tax has been paid, in such a way that their identity cannot be ascertained, the Ixmiber, saw logs. 1486 TIMBER AEEAS TAX Cap." 15 1914 ties, or other timber, or the product thereof, with which they have been so mixed or piled shall be deemed to be subject to the lien in respect of the said unpaid taxes. 11. If the amount of the said unpaid taxes, together with ^^J^j^'J^^^ the expenses, penalties, and costs of seizure and detention, are not paid or secured within thirty days from the date of the seizure or detention, the Minister may order a sale of the said liunber, saw logs, ties, and other timber, or the product thereof, to be made after such notice as he deems sufficient, and any surplus remaining in the hands of the Treasurer after paying the said taxes, expenses, penalties, and costs, shall be paid to the pro- prietor, but if a sufficient amount is not realized from such sale to recover the said taxes, expenses, penalties, and costs, the amount remaining unpaid shall be recoverable from the proprietor in the manner hereinbefore provided. 12. In any proceeding under this Act for the collection of Burden of taxes, or penalties, the burden of proving payment shall lie onP™pri°J^i. the proprietor and not upon the person instituting any prosecu- tion or making any seizure of lumber, saw logs, ties, or other timber. 13. The moneys collected under this Act shall be paid into i>»?^*o ^e the general revenue fund of the province at such times as the Iter's" Provincial Treasurer may direct. ffi""* 1487 1914 CHAPTER 16. An Act respecting a Contribution to the Patriotic Fund. Short title Contribution payable (Assented to October 22, 1914.) LJIS MAJESTY, by and with the advice and consent of the *■ * Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as " The Patriotic CorUribviion Act." 3. From and after the first day of October, 1914, all salaries, wages, fees and other forms of remuneration payable to any person, within the Province of Alberta, other than a manual labourer temporarily employed by the day, for services rendered to the province, or by reasoi of the occupation of any provincial office or employment, shall be subject to a deduction of five per centum on all payments, or portions of payments, up to and including $125.00 in any month and to a deduction of ten per centimi on the excess of all payments over $125.00 in any month. 3. The Provincial Treasurer shall collect and place the said deductions in a fund to be known as "The Patriotic Fund" and shall keep a detailed accoimt of all collections and disburse- ments. a^uburae™ *• "^^^ ^^'^ ^"^<^ ^^^ ^^ administered by the Provincial ment Trcasiu-er under the direction of the Lieutenant Governor in Council and shall be paid to The Canadian Patriotic Fund in the proportions of one-half to The North Alberta Patriotic Fimd and one-half to The South Alberta Patriotic Fund. Accounting Repeal 5. This Act shall continue 'n force until repealed by proclama- tion of the Lieutenant Governor in Coimcil. 1488 1914 CHAPTER 17. An Act respecting Transfers of Executions and Judgments. {Assented to October 22, 1914.) IJIS MAJESTY, by and with the advice and consent of the * ^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. Subject to the approval of the Inspector of Legal Offices the sheriff of the judicial district from which any territory is detached and transferred to or included in any other district, shall transm't to the sheriff of such other district all, wholly or partially -unexecuted writs of execution, which affect any execution deb or residing in such transferred territory, and thereafter such writs' shal have the same effect, and the power and duties of the sheriff to whom they have been transmitted shaU be those that would have arisen if the writs had been originally directed to him. 2. If a sheriff has made a seizure in any territory before it is transferred to another judicial district the writ of execution under which it was made shall be retained by him and he shall continue the proceedings thereunder as if no transfer of the territory had been made; provided, that if any portion of the judgment debt remains unpaid after such proceedings are com- pleted, the writ shall be forwarded to the sheriff of the district to which such territory has been transferred, imder the provisions of the last preceding section. . 3. After the transfer of a writ of execution from one judicial district to another the execution creditor may obtain a copy of the judgment or order upon which such writ was issued, duly certified by the proper officer of the court in which the same was entered, and if such copy is filed in the office of the Supreme or District Courts in the district to which the writ has been transmitted it shall become a judgment or order of record in the said office, and thereafter all writs, renewals and proceedings, under or upon the said judgment or order may be issued, taken or done, in or from the said office. 4. This Act shall be deemed to have been in force on, from and after the first day of September, 1914. 1489 Short title Circuses, etc., not to be exhibited without license License fee License fee for certain shows to be fixed by the Provincial Secretary 1914 CHAPTER 18. An Act respecting Circuses and Travelling Shows. {Assented to October 22, 1914.) LI IS MAJESTY, by and with" the advice and consent of the ^ *■ Legislative Assembly of the Province of Alberta, enacts as follows; SHOBT TITLE. 1. This Act may be cited as "The Travelling Shows Act." 2. No menagerie, circus, wild west show, trained animal show or show of any kind whatsoever shall be exhibited at any place in Alberta, vmless the owner, proprietor, manager, agent or person in charge of such show has obtained a license for that purpose from the Provincial Secretary. 3. Every applicant for a license shall make and file in the ofiice of the Provincial Secretary a, statutory declaration setting forth the number of days upon which the show is to be exhibited in Alberta, and the localities in which the performances or exhibi- tions are to be held and for such license shall pay to the Provincial Secretary the sxmis following for every day upon which the show is to be exhibited in Alberta: For every circus, menagerie or wild west show and not more than one side show: In every city $250.00 In every town or village 50.00 For each additional side show. ! 10 .00 For every trained animal show where there is no equestrian exhibition: In every city |25 .00 In every town or village. 15 .00 For each side show 10.00 For every carnival or collection of side shows not connected with any circus, menagerie or wild west show $25.00 And for every other show such sum as may be determined by the Provincial Secretary for every day upon which the show is Ucensed to be exhibited. 4. If any such show is exhibited as part of an industrial exhibition or agricultural fair the applicant shall pay such Ucense fee as the Provincial Secretary may impose, but not in excess of the fees fixed by section 3 for the particular class of show and the Pro- vincial Secretary may have regard to any special circumstances of the case and may if he deems it advisable impose a nominal fee. 1490 TKAVELLING SHOWS Cap. 18 1914 6. Any license issued under the provisions of section 3 hereof ^^'J|^'° may be revoked at any time by the Provincial Secretary, if it licenses appears to his satisfaction that the show is made the occasion for violation of the law or that gambling or any game of chance has been carried on in connection therewith. 6. Any person in charge of a show or the owner, proprietor, Penalty for manager or person having control thereof who exhibits the sameOTMbltfon or any part thereof without holding a license shall be liable to a penalty, upon summary conviction before a justice of the peace, of not less than $200 and not more than 1300 for every day upon which such show or any part thereof has been exhibited in any place in Alberta. 7. No municipality shall issue a license to any show to which License when section 2 applies until the applicant produces a license from^'^Mue '*'' the Provincial Secretary authorizing its exhibition in Alberta and any member or officer of the municipality who is a party to the issue of a license in violation of the provisions of this section shall be liable to a penalty of $20 upon summary conviction before a justice of the peace. 8. Every constable shall have access free of all charge to all Constables shows mentioned in section 2 and every horse race, agricultural, mmssTo* horticultural or industrial exhibition, ball game, theatre or public ""^"^""^ gathering and to the grounds, tents and buildings in which such shows, races, exhibitions and gatherings are held during the hours the pubUc are admitted thereto and any person hindering, preventing or refusing such free access after any such officer has demanded such admission and displayed his badge of office- shall incur a penalty not exceeding $100 and not less than $50, or in the discretion of the convicting justice or justices such person may be imprisoned for any term not exceeding three months. 9. All sums payable for licenses, penalties, expenses of seizure and costs, under this Act, shall be a first charge or hen on all the goods and chattels constituting or in any way used or con- nected with any menagerie, circus, Wild west trained animal, or other show, and such goods and chattels may be seized without any warrant by any constable or agent of the Provincial Secretary in any part of the province, and may be detained by him untU the said sums are paid and forwarded to the Provincial Secretary 10. No transfer, assignment, sale, mortgage, or delivery of possession to any person shall in any way affect or defeat the said lien, and if the said sums are not paid within ten days after the date of seizure, the Provincial Secretary may order the said goods and chattels to be sold upon such notice as he deems sufficient. 11. It shall be the duty of the chief constable of every munici- pality to demand production of a license granted under this Act from the person in charge of any such menagerie or show and to notify the Provincial Secretary if its production is refused. 13. In every prosecution under this Act the burden of proving payment for and possession of a Hcense shall rest upon the owner, manager, agent, or person in charge of the menagerie or show. 1491 1914 CHAPTER 19. An Act to amend Chapter 10 of the Statutes of Alberta, 1910 (2nd Session), respecting the Raising of Loans Authorized by the Legislature. {Consolidated in c. 10, 1910 (2).) 1914 CHAPTER 20. An Act to amend The Alberta Insurance Act. (Repealed — See Chapter. 8, 1915, sec. 102.) 1914 CHAPTER 21. An Act to amend Chapter 89 of the Consolidated Ordinances, 1898, intituled "The Liquor License Ordinance," and amendments thereto. {Consolidated in CO. 1915, c. 89.) 1914 CHAPTER 22. An Act to amend Chapter 24 of the Statutes of Alberta, 1911-12, intituled "The Pool Room Act," and amend- ments thereto. {Consolidated in Chapter 24, 1911-12.) 1492 1914 CHAPTER 23. An Act to amend Chapter 24 of the Statutes of Alberta, 1913 (2nd Session), intituled "The Brand Act." (Consolidated in Chapter 24, 1913 (2).) 1914 CHAPTER 24. An Act to amend Chapter 6 of the Statutes of Alberta, 1911-12, intituled "The Motor Vehicles Act." (Consolidated in Chapter 6, 1911-12.) 1493 1914 CHAPTER 26. An Act for Raising Money on the Credit of the General Revenue of Alberta. (Assented to October 22, 1914.) OIS MAJESTY, by and with the advice and consent of the * '■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized to raise by way of loan a sum of money not exceeding Fouf million dollars for any or all of the purposes following, that is to say: for the pubhc service; for the covering of any debt of the province on open account; for paying any floating indebted- ness of the province; for the carrying on of public works author- ized by the Legislature; and for the sati^action or discharge of any obligations of the province; and for such other purposes as may be authorized by the Legislature. 1915, c. 9, s. 1. 3. The aforesaid sum of money may be borrowed for any term or terms not exceeding fifty years at a rate not exceeding five per centum per anniun, and shall be raised upon the credit of the General Revenue Fund of the Province of Alberta and shall be chargeable thereon. 1915, c. 9, s. 1. 1494 1914 CHAPTER 26. An Act to provide for the Relief of the Springbank Irrigation District. (Assented to October 22, 1914.) \X7'HEREAS The Springbank Irrigation District is indebted "" to the holders of debentures issued by the said district and is unable to meet the principal sum of said debentures; And whereas the said district has, by its petition, prayed that the province make provision for the relief of the said district in the payment of the said indebtedness; And whereas there is still owing on the said debentures the principal sum of $25,000 .00 and for interest and costs the approxi- mate sum of $15,000.00; And whereas it is expedient to grant relief upon certain terms and conditions; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. That the Lieutenant Governor in Council be and is hereby authorized to direct the Provincial Treasurer to pay the said principal sum of $25,000.00 to the holders of said debentures of The Springbank Irrigation District, upon the production of evidence by the holders of the said debentures that the said district has paid or has made satisfactory arrangements with them to pay the costs, interest and all other liability in connection with the said debenture indebtedness. 1495 1914 CHAPTER 27. An Act to Authorize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company. (See ako 1911-12, c. 16; 1915, o. 21.) {Assented to October 22, 1914.) \A7^HEREAS the Edmonton, Dunvegan and British Columbia '^ Railway Company, a company incorporated by an Act of the Parliament of Canada, is authorized to construct a line^ of railway from Edmonton through Dunvegan to the western' boundary of the province running south of Lesser Slave Lake; And whereas by an Act of the Province of Alberta being chapter 16 of the Acts of 1911-12, the Lieutenant Governor in Council of the province was authorized to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities of the company in respect of the said line of railway to the extent of twenty thousand dollars a mile and in respect of three hundred and fifty miles thereof; And whereas it is expedient to authorize the guarantee by the Government of certain securities to be issued by the company and to be secured upon the balance of the said line being that portion of the said line rom a point distant three hundred and fifty miles from Edmonton to the western boundary of the province, a distance of sixty-one miles; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with the Edmonton, Dun- vegan and British Columbia Railway Company (hereinafter called the company), to guarantee the payment of the principal and interest of the bonds, debentures, debenture stock or other securities (hereinafter called the securities) of the company in respect of that portion of the line of the Edmonton, Dunvegan and British Columbia Railway Company (being the line recited in the first recital hereof) from a point distant three hundred and fifty miles from Edmonton to the western boundary of the province, a distance of sixty-one miles to the extent of twenty thousand dollars a mile of such mileage and upon the terms hereinafter set forth. 3. The certificate of the Minister of Railways of the Province of Alberta as to the mileage of the said line shall, for the purposes of this Act and of the guaranteed securities, be conclusive, but the said Minister may issue interim certificates from time to time based upon the estimated mileage with regard 1496 EDMONTON, DUNVEGAN AND B.C. RAILWAY Cap. 27 1914 thereto. A final certificate shall ultimately be issued by the said Minister with regard to the said line to accord with the miles and fractions of miles of the said line actually constructed between the points authorized. The said securities may be made payable in whole or in part in lawful money of Canada or in its equivalent in sterling or other money. Interest thereon shall be payable at the rate of four and one-half per cent, per annum half-yearly. The principal shall be payable in thirty years from the passing of this Act. 3. The said securities shall be secured by one or more deeds of trust by way of mortgage or charge to the trustee under the deed of trust securing the securities of the company heretofore guaranteed by the Government, and such deed or deeds of trust shall grant a first mortgage or charge upon the line of railway the securities whereof are hereby authorized to be guaranteed, and the rolling stock and equipment, present and future, acquired for the purposes thereof and the tolls, revenues and income arising and to arise therefrom, and the rights, privileges, fran- chises and powers of the company now or hereafter held or enjoyed in respect thereof and the operation and maintenance thereof. 4. The kind of securities to be guaranteed, and the form and term^ thereof, and the form and terms of the deed or deeds of trust by way of mortgage securing them, and the times and manner of the, issue of the securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure of such moneys and the form and manner of the guarantee or guarantees from time to time or at any time given in respect thereof, shall be such as the Lieutenant Governor in Council may approve. 5. The said guarantee or guarantees shall be signed by the Provincial Treasurer or such other ofiicer as may be designated by the Lieutenant Governor in Council and upon being so signed the Province of Alberta shall become liable for the payment of the principal and interest of the securities guaranteed according to the tenor thereof, and the Lieutenant Governor in Council is hereby authorized to make arrangements for supplying the money necessary to fulfil the requirements of the said guarantee or guarantees and to advance the amount necessary for. that pur- pose out of the general revenue of the province, and in the hands of any purchaser, pledgee or other person acquiring any of such securities the said guarantee or guarantees so signed shall be conclusive evidence that the requirements of this Act with respect to the guaranteed securities and the deed of trust and all matters relating thereto have been complied with. 6. All moneys realized by sale, pledge or otherwise of the securities hereby authorized shall be paid directly by the pur- chaser, subscriber, pledgee or lender into the bank or banks approved by the Lieutenant Governor in Council to the credit of a special account in the name of the Treasurer of the province or to such other credit as the Lieutenant Governor in Council may direct; and if the money be borrowed by the company upon pledge or otherwise of any of the securities prior to sale thereof, which money shall be paid in as aforesaid, the amount 1497 1914 Cap. 27 edmonton, dunvegan and b.c. bailway so paid in shall be deducted from the purchase price subsequently received for the securities so borrowed upon, and the balance . only shall be paid in; and securities borrowed upon may after the loans thereon haye been paid or discharged by the company be issued or re-issued and shall be secured by the said deed or deeds of trust and entitled to the benefit thereof notwithstanding such loans and payment or discharge. The balances at the credit of the special account or accounts shall be credited with interest at such times and at such rates as may be agreed upon between the company and the banji holding the same, and the said balances shall from time to time be paid out to the company or its nominees in monthly payments as far as practicable as the construction of the said line of railway is proceeded with to the satisfaction of the Government according to the specification fixed by contract between the Government and the company, and from time to time as the said work of construction proceeds the Government shall (subject to the provisions of the next succeeding clause of this Act) out of the said balances, pay to the company or its nominees, in monthly payments as far as practicable such sums as an engineer appointed by the Lieutenant Governor in Council shall certify as justified, having regard to the proportion of the work done upon the said line of railway as compared with the whole work done and to be done thereon. The balance, if any, of the proceeds of such securities which may remain after the completion of the said fine of railway shall be paid over to the company or its nominees. Pending completion of the said line of railway the balances at the credit of such special account shall, until paid out as above provided for, be deemed part of the mortgaged premises under said deed or deeds of trust and shall not be taken to be public moneys received by the province. 7. The constructions of the said line of railway shall be begun on or before the first day of October, 1915, and the said line shall be completed and be ready for traflSic on or before the first day of October, 1917. 8. The said line shall be constructed to a general standard in all respects, apart from grades and curvatvu-e (as to which the character of the country through which the line passes shall be taken into consideration) not inferior to the standard set by the specifications of the balance of the line of the said railway, and to the satisfaction of the Minister of Railways. 9. Any payment by the province of principal or interest on the said secm'ities, pursuant to the guarantee thereof, shall not in any event be taken to affect the liability of the company therefor under the securities so paid or under the deed or dee(^ of trust securing the payment thereof, but such liability shall remain unimpaired and enforceable by the province against the company. The province shall be subrogated as against the company to all rights, privileges and powers to which the holders of the respective securities so paid were entitled by virtue of such securities, or of the saiid deed or deeds of trust prior to payment by the province imder its guarantee, and shall with respect to the securities so paid be in the same position as a holder of securities upon which the company has made default. 1498 EDMONTON, DUNVEGAN AND B.C. RAILWAY Cap. 27 1914 10. Subject to the proviso in this section contained the deed or deeds of trust (hereinafter called the original instruments) securing the securities hereby authorized to be guaranteed may provide for the issue from time to time and ranking pari passu with the said securities and without preference or priority one over the other of additional securities of similar kind, tenor and effect in respect of the mileage of the said line, and also additional securities of similar kind, tenor and effect also ranking pari passu and without perference or priority as aforesaid in respect of additional lines of railway in the Province of Alberta to be here- after constructed by the companj^ . but not exceeding twenty thousand dollars ($20,000) per mile of such additional lines; provided always that before any such additional securities are issued the guarantee by the t)rovince of the payment of principal and interest thereof shall have first been authorized and the amount t6 be issued per mile in respect of such line or lines shall first have been fixed by the Legislative Assembly and that such guarantee shall first have been given pursuant thereto. 11. A supplementary deed or deeds of trust (herein called supplementary instruments) covering the said Une in respect of which additional securities are authorized to be issued or such additional lines as aforementioned, as the case may be, in the form approved by the Lieutenant Governor in Council shall from time to time be taken to the trustees of the original instruments, and such additional securities shall be issued under the terms of the original instruments and supplementary instru- ments which, together with the mortgaged premises covered by the original and supplementary instruments, shall form the security for all the securities issued thereunder in the same manner and with the same effect as if the original instrument and supple- mentary instrument or instruments formed together but one instrument, and as if all securities issued or to be issued imder the original or supplementary instruments were issued under one instrument. 13. Should the constructed mileage of the said line be less than the mileage herein estimated by reason whereof there remains — A surplus of authorized mileage in respect of which no securities were actually issued or guaranteed; or A surplus of proceeds of the moneys realized by sale, pledge or otherwise of the guaranteed securities issued in respect thereof, the Lieutenant Governor in Council may guarantee additional securities in respect of such surplus of mileage or authorize the appUcation of such surplus of proceeds, whichever may be the case, in or in respect of further construction by the company or extensions of the said line or of branches thereof or of other hues of railway in Alberta approved by the Lieutenant Governor in Council. 13. A supplementary deed or deeds of trust covering the mileage further constructed by the company under the last preceding section of this Act shall be taken to the trustees of 1499 1914 Cap. 27 Edmonton, dunvegan and b.c. kailway the original instruments mentioned in sections 10 and 11 of this Act, and the provisions of section 11 shall, where not inconsistent with this section or with the last preceding section, apply to the supplementary deeds executed under this section and to the securities which may be issued and guaranteed in pursuance thereof. 1500 1914 CHAPTER 28. An Act to Authorize the Guarantee of Certain Securities of the Central Canada Railway Company. (See also 1913 (1), c. 46; 1913 (2), c. 7; 1914, c. 28 and 29; 1915, caps. 19 and 36.) (Assented to October 22, 1914.) \X7HEREAS by chapter 7 of the Statutes of Alberta passed " ' in the year 1913 (2nd Session), entitled "An Act to Authorize the Guarantee of Certain Securities of the Central Canada Railway Company" (hereinafter called the said Act) provision was made for the guaranteeing by the Province of Alberta of securities in respect of a certain portion of the railway line of the Central Canada Railway Company (hereinafter called the company) which the company was authorized to construct and for the securing of the guaranteed securities by means of certain mort- gages or deeds of trust; And whereas by section 10 of the said Act it was, amongst other things, enacted that provision might be made for the issue from time to time ranking pari passu with the seciu-ities guaran- teed under the said Act and without preference or priority one over the other, of additional securities of similar kind, tenor and effect not exceeding twenty thousand dollars ($20,000) per mile of additional lines of railway in the Province of Alberta to be thereafter constructed by the company; provided that before such additional securities were issued, the guarantee by the province of the payment of the principal and interest thereof should first have been authorized and the amounts to be issued per mile in respect of such lines should first have been fixed by the Legislative Assembly, and that such guarantee should first have been given pursuant to such authorization; And whereas it is expedient to authorize the guarantee by the province of additional securities pursuant to the said provision; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: / 1. The Lieutenant Governor in Council is hereby authorized on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with the company to guarantee the payment of the principal and interest of additional bonds, debentures, debenture stock or other securities (hereinafter called additional securities) of the company to the extent and upon the terms hereinafter set forth. 3. The additional securities shall form part of the issue secured by the mortgage or mortgages, deed or deeds of trust securing the guaranteed securities authorized to be issued and guaranteed by the said Act; and the additional securities shall be limited 1501 1914 Cap. 28 central canada railway to the amount represented by $20,000 per mile of one additional line of railway (hereinafter called the additional line of railway) namely: a line of the company's railway extending from a point on the Edmonton, Dunvegan and British Colmnbia Railway to or through Grouard in the Province of Alberta, a distance of about fourteen miles. 3. Before the additional securities are issued and guaranteed, such supplementary mortgages or deeds of ttHist (if any) covering the lines mentioned in the said Act and the additional hne of railway as shall be necessary or expedient to be taken, shall as provided in section 11 of the said Act be talsen to the trustees of the mortgage or mortgages, deed or deeds of trust securing the guaranteed securities authorized to be issued and guaranteed pursuant to the said Act in the form approved by the Lieutenant Governor in Council. 4. The certificate of the Minister of Railways and Telephones for Alberta as to the mileage of the additional Hne of railway shall, for the purposes of this Act and of the additional securities, be conclusive. 5. Construction upon the additional line of railway shall be commenced at or before the 31st day of December, 1915, and the said additional hne of railway shall be completed and ready for traffic on or before 31st December, 1917. 6. All the provisions of the said Act not inconsistent with the provisions of this Act shall apply to the additional hne of railway and to the additional securities issued and guaranteed in pursuance hereof. 1502 1914 CHAPTER 29. An Act concerning the Central Canada Railway Company. (See also 1913 (1), c. 46; 1913 (2), c. 7; 1914, caps. 28 and 29; 1915, caps. 19 and 36.) (Assented to October 22, 1914.) \X7HEREAS by chapter 7 of the Statutes of Alberta passed '^' in the year 1913 (2nd Session), intituled "An Ad to Authorize the Guarantee of Certain Securities of the Central Canada Railway Company" (hereinafter called the said Act) provision was made for the guaranteeing by the Province of Alberta of securities in respect to that portion of the railway line of the Central Canada Railway Company (hereinafter called the com- pany), from a point where the said railway joins the Edmonton, Dunvegan and British Columbia Railway to a point at or near Peace River Landing, thence in a general westerly direction to a point in township eighty-one (81), range four (4), west of the sixth principal ' meridian, a total distance of 100 miles to the extent of $20,000.00 per mile of such line; And whereas the securities of the said company have not yet been sold; And whereas it is expedient that that portion of the said line of railway from a-point on the line of the Edmonton, Dimvegan and British Columbia Railway to the Peace River, a distance of about 50 miles, should be completed as speedily as possible for the purpose of connecting with the navigation of the said Peace River; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Provincial Treasurer is hereby authorized to pay to the said company out of the- proceeds of the sale or hypothecation of the securities of the said company, upon the report of the Minister of Railways and Telephones, and the certificate of the Provincial Railway Engineer, a sum or sums not exceeding eighty per cent. (80%) of the actual cost of the said line from the said point on the line of the Edmonton, Dunvegan and British Columbia Railway to the said point at or near Peace River Landing. 2. An amount or amounts not exceeding eighty per cent, of the estimated cost of construction of the said portion of the said line in section 1 hereof mentioned may from time to time pending the disposal of the guaranteed securities of the company in this Act recited be advanced by the Government out of any of the unappropriated funds of the province which the Government is authorized to raise by way of loan for the purpose amongst others of the satisfaction and discharge of any obhgation of the 1503 1914 Cap. 29 central Canada bailwat province; provided, however, that the total amount of the said advance shall not exceed the amount of the said guaranteed secmities of the company. 1915, c. 19, s. 1. 3. Such advance shall carry interest at such rate (not being less than four and one-half per centum per annum) as the Lieu- tenant Governor in Council may fix, and shall be secured by a bond, debenture, covenant or other seciu"ity of the company guaranteed by the Edmonton, Dunvegan and British Colmnbia Railway Company, the due payment whereof shall be further secm-ed by a first mortgage or charge upon the said line of railway and the rolling stock and equipment, present and future, acquired for the purposes thereof, and the tolls, revenues and incomes arising and to arise therefrom, and the rights, privileges, fran- chises and powers of the company now or hereafter held and enjoyed in respect thereof, and the operation and maintenance thereof, and the said bond^ debenture, covenant or other security shall provide for the payment of the said advance either con- temporaneously with the sale, pledge or other disposition of the guaranteed securities of the company in the said recited Act mentioned or in five years from the time of the coming into force of this Act whichever period shall be the shorter. 1915, c. 19, s. 1. 4. The kind of security to be given for the said advance and the form and terms thereof and the form and terms of any deed or any deeds of trust by way of mortgage securing them and the trustee or trustees thereunder shall be such as the Lieutenant Governor in Council may approve and such advance shall save as hereinafter otherwise provided, for all the purposes of section 6 of the said recited Act, be treated as money borrowed by the company upon a pledge of the securities in the said recited Act mentioned. 1915, c. 19, s. 1. 5. Any balance of the said advance not paid out for the com- pletion of the said portion of the said line in section 1 hereof mentioned shall, untU repayment of the said advance and interest remain in the special account in said section 6 of the said recited Act mentioned, to be paid out in accordance with the provisions of the said last mentioned section towards the completion of the balance of the said line of railway. 1915, c. 19, s. 1. Note — Chapters 30 to S3 inclusive are Private Acts. 1504 1915 CHAPTER 1. An Act for Granting to His Majesty Certain Sums of Money for the Public Service of the Fiscal Tears ending respectively the Thirty-first day of December, 1914, the Thirty-first day of December, 1916, and the Thirty-first day of March, 1916. (Assented to April 17, 1915.) Most Gracious Sovereign: \\TJIEKEAB it appears by Messages from His Honour George "'' Hedley Vicars Bulyea, Lieutenant Governor of the Province of Alberta, and the Estimates accompanying the said Messages, that the sums hereinafter mentioned are required to defray certain expenses of the Public Service of Alberta not otherwise provided for during the financial periods ending respectively the Thirty-first day of December, one thousand nine hundred and fourteen, the Thirty-first, day of December, one thousand nine hundred and fifteen and the Thirty-first day of March, one thousand nine hundred and sixteen, and for other purposes relating thereto: May it therefore jplease Your Majesty that it may be enacted and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, as follows: 1. This Act may be cited as "The Appropriation Act, 1915." 3. From and out of the General Revenue Fund there may be paid and applied a sum not exceeding in the whole fifty-six thousand six hundred and twenty-seven dollars and forty-seven cents towards defraying the several charges and expenses of the PubUc Service from the first day of January to the thirty-first day of December, in the year of our Lord one thousand nine hundred and fourteen, not otherwise provided for and set forth in schedule A to this Act. 3. From and out of the General Revenue Fund there may be paid and applied a sum not exceeding in the whole one hundred and sixty-two thousand nine hundred and thirteen dollars and seventy-one cents towards defraying the several charges and expenses of the Pubhc Service from the first day of January to the thirty-first day of December, in the year of our Lord one thousand nine hundred and fifteen, not otherwise provided for and set forth in schedule B to this Act. 4. From and out of the General Revenue Fund there may be paid and apphed a sum not exceeding in the whole one million eight hundred and eight thousand and forty-five dollars and 1505 1915 Cap. 1 • APPBOPRIATION no cents towards defraying the several charges and expenses of the Public Service from the first day of January to the thirty- first day of March, in the year, of our Lord one thousand nine hundred and sixteen, not otherwise provided for. 5. The due appUcation of all moneys expended under this Act shall be accounted for. SCHEDULE A. Sums granted to His Majesty by this Act for the fiscal year ending Decem- ber 31, 1914, and the purposes for which they are granted. Civil Government — Executive Council $48. 53 Municipal Affairs Department 1,143. 93 $1,192.46 Telephones — Chargeable to Income 55,435. 01 $56,627.47 SCHEDULE B. Sums granted to His Majesty by this Act for the fiscal year ending Decem- ber 31, 1915, and the purposes for which they are granted. Education $2,386. 50 Miscellaneous — Chargeable to Income 100,000.00 Chargeable to Capital $60,527. 21 8102,386.50 $60,527.21 1915 CHAPTER 2. An Act to amend the Statute Law. {Consolidated in various Acts.) 1915 CHAPTER 3. An Act to amend The Land Titles Act. {Consolidated in Chapter 24, 1906.) 1506 1915 CHAPTER 4. The Married Woman's Home Protection Act. {Assented to April 17, 1915.) UIS MAJESTY, by and with the advice and consent of the *■ '■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. Any married woman may cause to be filed on her behalf with the registrar an instrument to be known as a married woman's caveat in form WW in the schedule to this Act against the registration of any transfer, mortgage, encumbrance, lease or other instrument made by or on behalf of her husband affecting a homestead as defined in section 2 of this Act. 2. "Homestead" in this Act shall mean the house and bmldings occupied by such married woman as her home at the time of the filing of such caveat, or which has been occupied by such married woman as her home within six months prior to the time of the filing of such caveat and the lands, premises and appurtenances thereto occupied thereby or enjoyed therewith. 3. Upon the receipt of such married woman's caveat the registrar shall take the same proceedings as m. the case of the filing of any other caveat imder this Act. 4. So long as such caveat remains in force the registrar shall not register any transfer, mortgage, encumbrance, lease or other instrument made by or on behalf of the husband purporting to affect the land in respect to which the caveat is filed. 5. No fee shall be charged for the registration of any married woman's caveat. 6. The caveator may by notice in writing to the registrar withdraw her caveat at any time and the registrar shall forthwith give notice in writing of such withdrawal by mail or otherwise to the caveatee. T. The husband agaiast whose land any such caveat has been filed may at any time thereafter apply to a judge of the Supreme Court of Alberta by originating notice, which shall be served upon the caveator, to remove the married woman's caveat so filed, and upon the hearing of such application the judge to whom the apphcation is made may make such order in the premises as to such judge may seem just. 8. This Act shall be read with and as part of The Land Titles Act. 1507 1915 Cap, 4 MABHiED woman's home protection FORM WW. To the Registrar for Take notice that I, the wife of , the owner of a homestead within the meaning of section 2 of The Married Woman's Home Protection Act described as follows: {describe land by lot and plan or section number); and I forbid the registration or any transfer, mortgage, encumbrance, lease or other instru- ment made by or on behalf of my said husband affecting the said homestead. I appoint as the place at which notices and proceedings relating hereto may be served. Dated this .day of ,19 (Signature of Caveator or her Agent.) 1508 1915 CHAPTER 5. An Act respecting the Property of Intestates dying without Next-of-kin. {Assented to April 17, 1915.) LJIS MAJESTY, by and with the advice and consent of the •*• *• Legislative Assembly of the Province of Alberta, enacts as follows: 1. When any person dies intestate owning any real or personal Right of property and without leaving any next-of-kin or other person Majesty entitled thereto by the law of Alberta, such property shall *°p™p^^y inunediately on his death vest in His Majesty in his right of dymg without Alberta, and the Attorney General may cause possession thereof kf^''. to be taken in the name of His Majesty in his said right; or if possession is withheld may cause an action to be brought in the Supreme Covui; of Alberta for the recovery thereof. (2) The proceedings in the action may be in all respects similar p™"*"™ to those in other actions in the said coiu't. 2. The Lieutenant Governor in Council may grant any property Grant in^^ which has vested or which hereafter vests in His Majesty byM°^mi™ virtue of this Act or any part thereof, or any interest therein, °'"™ to any person for the purpose of transferring or restoring the same to any person having a legal or moral claim upon the person to whom the same had belonged, or of carrying into J'o'ceLed's effect any disposition thereof which such person may have con- intention templated, or of rewarding any person giving information with or.reward respect to such property as to the Lieutenant Governor jn*""^"™*"* Council may seem meet, and if possession of the property is withheld the person to whom the grant is made may institute, Rights of in any court of competent jurisdiction, proceedings for the^'*"*** recovery thereof. 3. As to the property of any person who has died on or since Application of the first day of September, 1905, and prior to the passing hereof^"* this Act shall apply and be effective and be deemed to have been effective as if the same had been passed on the first day of September, 1905. 1509 1915 CHAPTER 6. An Act respecting Public Utilities, to Create a Public Utility Commission, and to prescribe its Powers and Duties. {Assented to April 17, 1915.) IJIS MAJESTY, by and with the advice and consent of the * * Legislative Assembly of the Province of Alberta, enacts as follows: SHOKT TITLE. 1. This Act may be cited as "The Public Utilities Act." INTERPRETATION. 3. In this Act, unless the context otherwise requires- — (a) The expression "board" means the Board of Public Utility Commissioners appointed under this Act; (&) The expression "public utihty" means and includes every corporation other than municipal corporations (unless such municipal corporation voluntarily comes under this Act in the manner hereinafter provided), and every firm, person or associa- tion of persons, the business and operations whereof are subject to the legislative authority of this province, their lessees, trustees, liquidators, or receivers appointed by any court that now or hereafter own, operate, manage or control any system, works, plant or equipment for- the conveyance of telegraph or telephone messages or for the conveyance of travellers or goods over a railway, street railway, or tramway, or for the production, trans- mission, delivery, or furnishing of a water, gas, heat or light power, either directly or indirectly, to or for the pubhc; alsq, the Alberta government telephones, now managed and operated by the Department of Railways and Telephones; (c) The expression "charter" means any special or general legislative Act of the province or Ordinance of the North-West Territories by or by virtue of which a corporation or company is incorporated, and the letters patent issued in virtue of any such Act or Ordinance; (d) The expression "local authority" shall mean and include the council of a city, town, village or rural municipahty, the board of trustees of a school district and the directors, or other officers of any corporation doing business under The Municipal Telephone Act. 3. This Act is applied^ — (a) To all public utilities as hereinbefore defined, which are now or may hereafter be owned or operated by or under the control of the government of the province; 1510 PUBLIC UTILITIES Cap. 6 1915 (6) To all such public utilities that shall be owned or operated by or under the control of any company or corporation that is subject to the legislative authority of the province; and (c) To every person, company 'or corporation owning or operating any pubhc utility as hereinbefore defined including railway, street railway, or tramway to which the jurisdiction of the province extends, but not including any railway, street railway, tramway or other public utility owned and operated by any municipality which has not passed a by-law under section 4 hereof. 4. This Act shall not apply to any public utility owned or operated by any mimicipal corporation unless and until the same is brought under this Act by an order of the Lieutenant Governor in Council, which may be made upon and after the due passing of a by-law by the council of any municipality requesting that all or any public utilities operated by the muni- cipahty be made subject to this Act. COMMISSION BOAED. 5. There shall be a board to be known as the Board of Public Utility Commissioners, to be composed of three members to be appointed by the Lieutenant Governor in Council, one of whom shall be appointed as chairman and shall be entitled to hold the position of chairman as long as he continues a member of the board. The board shall be a court of record and shall have an official seal of such design as shall be provided by the Lieu- tenant Governor in Council and such seal shall be judicially noticed. 6. Each of the cpmmissioners shall hold office during good behaviour for a period of ten years from the date of appointment, but shall be removable by the Lieutenant Governor on address of the Legislative Assembly. A commissioner shall devote the whole of his time to the performance of his duties imder this Act and shall not accept or hold any oJ0Bce or employment incon- sistent with this section, nor shall he, directly or indirectly — (a) Hold, acquire or become interested in for his own behalf any stock, share, bond, debenture or other security of any pubhc utility; {b) Have any interest in any device, appliance, machine, patent, process or article, or in any part thereof, which may be used for the purpose of the business of a public utility; nor shall he, directly or indirectly, hold, purchase or become interested in any stock, debenture or other security of a local authority in Alberta or become concerned or interested in a bargain or contract for the construction of any work made with or on behalf of any such local authority or become or remain a member of any company which deals in the securities of local authorities or is concerned or interested in any such bargain or contract. If any such thing, or interest therein, is the property of any commissioner when he is appointed to his office, or if thereafter and while he holds such office he acquires the same by succession or by will, he shall, within six months after such appointment or subsequent acquisition, as the case may be, ahenate the same or his interest therein. 1511 1915 Cap. 6 • PUBLIC utilities 7. A commissioner shall cease to hold office upon reaching the age of seventy years. 8. A commissioner, on expiration of the term of his office, if not disqualified by age, shall be eligible for reappointment. 9. The commissioners shall, during their term of office, reside in such places as the Lieutenant Governor in Council from time to time determines. SITTINGS. 10. The Lieutenant Governor in Coimcil shall fix the place where the board shall sit and shall have its office, and shall also provide it with suitable quarters, furniture and facihties for the holding of its sittings and the transaction of its business generally. 11. Whenever circumstances render it expedient to hold a sitting of the board elsewhere than in the place fixed by the Lieutenant Governor in Council, the board may hold such sitting in any part of the province. EXPEKTS. 13. The Lieutenant Governor in Council may, upon the recommendation of the board, from time to time appoint one or more experts, or persons having technical or special knowledge of the matter in question, to inquire into and report to the board and to assist the board in an advisory capacity in respect of any matter before it. SECBETABT. 13. There shall be a secretary of the board who shall be appointed by the Lieutenant Governor in Council and who shall hold office during his pleasure. 14. It shall be the duty of the secretary — (a) To attend all sessions of the board; (b) To keep a record of all proceedings conducted before the board; (c) To have the custody and care of all records and documents of the board; (d) To obey all rules of practice and directions which may be made or given by the board touching his duties or office; (e) To have every order and rule of practice of the board drawn pursuant to the direction of the board signed by the chairman or other duly authorized officer, sealed with the official seal of the boatd and filed in the office of the secretary. (2) The secretary shall keep suitable books of record, in which he shall enter a true copy of every such order and rule of practice, and every other document which the board shall order to be entered therein, and such entry shall constitute and be the original record of any such order or rule of practice. (3) Upon application of any person, and pn payment of such fees as the Lieutenant Governor in Council may prescribe, the secretary shall deliver to such applicant a certified copy of any such order, rule of practice or other document. 1512 PUBLIC UTILITIES Cap. 6 1915 16. In the absence of the secretary, the board may replace ^ 'him temporarily. LIABILITY OF OFFICIALS. 16. No member or officer of the board, nor any employee under its control, shall be personally liable for anything done by him under the authority of this Act. HEMUNEEATION. 17. The members, secretary and other officials or appointees of the board shall receive such remuneration as may be fixed by the Lieutenant Governor in Council. 18. Whenever the board, acting within its jurisdiction, appoints or directs any person, other than a member of its staff, to perform any service required by this Act, such person shall be paid therefor such sum for services and expenses as the Lieutenant Governor in Council may, upon the recommendation of the board, determine. 19. The above remuneration, and all the expenses incurred by the board in the performance of its duties, including all reasonable travelling expenses of the members and secretary, and of such members of the staff of the board as may be required by the board, shall be paid monthly, out of the consolidated revenue fund of the province. JUHISDICTION AND POWERS OF BOARD. 30. The board shall have jurisdiction — (o) In all questions relating to the transportation of goods or passengers on the lines of any tramway company or street railway company or steam railway company under the juris- diction of the Legislature of Alberta as herein defined or on any parts thereof; and for such purpose it may authorize or require any such company to carry goods or passengers on its lines or any part thereof for any period of time and at such prices as it may fix; (b) Whenever it is made to appear to the board, upon the complaint of any public utility, or of any person or persons haying an interest, present or contingent, in the matter respecting which the complaint is made, that there is reason to believe that the tolls demanded by any public utility exceed what is just and reasonable, having regard to the nature and quality of the service rendered or of the commodity supplied, and in such case it may proceed to hold such investigation as it sees fit into all matters relating to the nature and quality of the service or the commodity in question, or to the performance of such service and the tolls or charges demanded therefor, and may make such order respecting the improvement of the com- modities or services and as to the tolls or charges demanded, as seems to it to be just and reasonable, and may disallow or chaiige, as it thinks reasonable, any such tolls or charges as, in its opinion, are excessive, unjust or unreasonable or unjustly discriminate between different persons or different municipalities; 1513 1915 Gap. 6 PUBLIC utilities the whole, however, subject to such of the provisions of any contract existing between such pubUc utility and a municipaUty at the time such complaint is made as the board shall consider fair and reasonable; (c) In all cases arising when a public utility having the right to enter a municipality for the purpose of placing therein, with or without the consent of the municipality, its rails, posts, wires, pipes, condmts or other appliances, upon,, along, across, over or under any public road, street, square, watercourse or part thereof, cannot come to any agreement with such municipality, as to the use, as aforesaid, of the roadway or the watercourse in question, or as to the terms and conditions of such use, and applies to the commission for permission to use such roadway or watercourse, or to fix the terms and conditions of such use; and in such case the board may permit, as aforesaid, the use of such roadway or watercourse, and prescribe the terms and conditions thereof; (d) In all questions arising whenever a public utility, being unable to extend its system, line or apparatus from a point where it lawfully does business to another point or points where it is authorized to do business, without placing its rails, posts, wires, pipes, conduits or other apparatus upon, along, across, over or under some public road, street, square, watercourse or part thereof, which it caimot lawfully so use without the consent of the municipal corporation having control of the same, and being unable to come to an agreement with the said municipal corporation, applies to the board for permission to such public road, street, square, watercourse or part thereof; and, for the purpose of such extension only, and without unduly preventing the use thereof by other persons or companies already lawfully using the same, the board may permit such use, notwithstanding any law or contract granting any other person or corporation exclusive rights with respect thereto, but shall prescribe the terms and conditions upon which such pubUc utility may use such road, street, square or watercourse, or part thereof; (e) In all contestations arising between a pubUc utility and a mtmicipality with reference to the performance of the terms and conditions mentioned in paragraphs (c) and (d) of this section; and the board may change such terms and conditions if, in its opinion, such changes are necessary or desirable; (/) Upon the complaint of any municipality that a public utility doing business in such municipality fails to extend its services to any part of such municipaUty, and after hearing the parties and their witnesses, and makmg such inquiry into such matter as it sees fit, may order the extension of such services and the conditions under which the same shall be done, including the cost of all necessary works, which it may apportion between the public utility and the municipality in any matter it deems equitable; (g) Subject to the terms of any contract between any public utility and any municipality, and of the franchise' or rights of the public utility, to define or prescribe the terms and conditions upon which a public utility shall or may use, for any of its purposes as a public utility, any highway or any public bridge or subway constructed or to be constructed by the mvmicipality, or two or more municipalities, and to enforce compliance with such terms and conditions. 1514 PUBLIC UTILITIES Cap. 6 1915 31. The board shall have a general supervision over all public utilities subject to the legislative authority of the province, and may make such orders regardiiag equipment, appliances, safety devices, extension of works or systems, reporting and other matters, as are necessary for the safety or convenience of the public or for the proper carrying out of any contract, charter or franchise involving the use of pubKc property or rights. The board shall conduct all inquiries necessary for the obtaining of complete information as to the maimer in which pubUc utilities comply with the law, or as to any other matter or thing within the jurisdiction of the board. 33. The fact that a receiver, manager or' other official of any public utility, or a sequestrator of the property thereof, has been appointed by any court in the province, or is managing or operating a public utility under the authority of any such court, shall not prevent the exercise by the board of any juris- diction conferred by this Act; but every such receiver, manager or official shall be bound to manage and operate any such public utility in accordance with this Act and with the orders and directions of the board, whether general or referring particularly to such public utility; and every such receiver, manager or official, and every person acting under him, shall obey all orders of the board witMn its jurisdiction in- respect of such public utility, and be subject to have them enforced against him by the board, notwithstanding the fact tha,t such receiver, manager, official or person is a,ppointed by, or acts under the authority of, any court. 33. The board shall have power — (a) To investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility as herein defined; (6) From time to time to appraise and value the property of any public utihty as herein defined, whenever in the judgment of the said board it shall be necessary so to do, for the purpose of carrying out any of the provisions of this Act, and in making such valuation the board may have access to and use any books, documents or records in the possession of any department or board of the province or any municipafity thereof; (c) After hearing, upon notice, by order in writing, to fix just and reasonable individual rates, joint rates, tolls, charges or schedules thereof, as well as commutation, mileage and other special rates which shall be imposed, observed and followed thereafter by any public utility as herein defined, whenever the board shall determine any existing individual rate, joint rate, toll, charge or schedule thereof or commutation, mileage or other special rate to be unjust, unreasonable, insufficient or unjustly discriminatory or preferential; (d) After hearing, upon notice, by order in writing, to fix just and reasonable standards, classifications, regulations, prac- tices, measurements or service to be furnished, imposed, observed and followed thereafter by any pubhc utihty as herein defined* (e) To require every public utiUty as herein de&ied to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare or charge made, charged 1515 1915 Cap. 6 PUBLIC utilities or enacted by it for any product supplied or service rendered within this province as specified in such requirement; if) To impose and enforce regulations for the safety and protection of employees of any public utiUty; . (^) To impose and enforce regulations in case of accidents, howsoever happening, in or about a public utility or the operation thereof, and for the remedying of the cause thereof and prevention of recurrence; (h) After- hearing, upon notice, by order in writing, to direct any railroad or street railway company to establish and maintain at any junction or point of connection or intersection with any other line of said road, or with any line of any other railroad, street railway or traction company, such just and reasonable coimections as shall be necessary to promote the convenience of shippers of property, or of passengers, and in like manner to direct any railroad, street railway or traction company engaged in carrying merchandise to construct, maintain and operate, upon reasonable terms, a switch coimection with any private sidetrack, which may be constructed by any private shipper to connect with the railroad or street railway where, in the judgment of the board, such coimection is reasonable and prac- ticable and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same. 34. Where it is in the public interest or where, as a means of saving expense, it is in the interest of any public utilities, that there be joint user of the means of distribution, such as poles, conduits or other equipment, the board may, after notice to all parties concerned, in cases where it shall be practicable, order such joint user and declare the terms thereof, and by such order or subsequent order make such provisions as may be necessary for the convenient and effectual carrying out of the work, and the operation of the services by means of the equipment so to be jointly used. 35. For the purpose of clearing and improving the appearance of streets, and wherever it may be found practicable to do so, the board may, after notice to all parties concerned, direct that the wires known as span wires of street railway companies shall, on any street or part of a street, be affixed to buildings on the properties abutting on the street. No such direction shall be made as to involve any expense to the owner of any such building, but the expense shall be paid by the municipality or street railway company, or by the two jointly, as the board may direct. Such directions shall be given and the work shall be so carried out as to cause no permanent injury to the building or inconvenience to the owner or occupant thereof. The necessary access to the building for this purpose shall be afforded and, in case o^ any question affecting the same, the board shall give proper directions. 26. In considering and acting upon any application or matter before the board involving the question of rates to be charged for service by ajiy public utility, the board shall not make any ruling or direction to raise rates for any such service beyond what the owners of any public utility may desire to impose. 1516 PUBLIC UTILITIES Cap. 6 1915 37. The board shall have power, after hearing, upon notice, by order in writing, to require every public utility as herein defined — (o) To comply with the laws of thia province and any municipal ordinance or by-law affecting the public utility, and /to conform to the duties imposed upon it thereby, or by the provisions of its own charter or by any agreement with any municipality or other public utility; (b) To furnish safe, adequate and proper service and to keep and maintain its property and equipment in such condition as to enable it to do so; (c) To establish, construct, maintain and operate any reason- able extension of its existing faciUties where, in the judgment of said board, such extension is reasonable and practicable and will furnish sufficient business to justify the construction and maintenance of the same, and when the financial condition of the ,said public utility reasonably warrants the original expenditure Required in making and operating such extension; (d) To keep its. books, records and accounts so as to afford an intelligent imderstanding of the conduct of its business, and to that end to require every such pubhc utility of the same class to adopt a uniform system of accounting, which system may be prescribed by the board; (e) To furnish periodically, and whenever the board shall require, a detailed report* of fibaances and operations, in such form and containing such matters and verified in such manner as the board may from time to time by order prescribe; (/) To carry, whenever in the judgment of the board it may reasonably be required, for the protection of stockholders, bond- holders or creditors, a proper and adequate depreciation accoimt in accordance with such rules, regulations and forms of accoxint as the board may prescribe; the board shall from time to time ascertain and determine, and by order in writing after hearing, fix proper and adequate rates of depreciation of the property of each public utility, in accordance with such regulations or classifications, which rates shall be sufficient to provide the amounts required over and above the expense of maintenance to keep such property in a state of efficiency corresponding to the progress of the industry; each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund; the income from investments of moneys in such fimd shall likewise be carried in such fund; this fund shall not be expended otherwise than for depreciation, improvements, new constructions, exten- sions or additions to the property of such public utility; (g) To give such notice to the board as it may by order require of any and all accidents which may occur within this proAance upon the property of any public utility as herein defined or directly or indirectly arising from or connected with its main- tenance or operation, and to investigate any such accident, and the board may make such order or recommendation with respect thereto as in its judgment may be just and reasonable. 38. Said board shall have power to require every public utility as herein defined to file with the board a statement in writing, verified by th& oaths of the president and secretary thereof, 1517 1915 Cap.' 6 PUBLIC utilities respectively, setting forth the name, title of office or position^ and post office address, and the authority, power and duties of eyery officer, member of the, board of directors, trustee, execu- tive committee, superintendent, chief or head of construction and operatibn, or department, division or line of construction and operation thereof, in such form as to disclose the source and origin of each administrative act, rule, decision, order or other action of the corporation, and shall, within ten days after any change is made in the title of, or authority, powers or duties appertaining to any such office or position, or the person holding the, same, file with the board a like statement, verified in like maimer, setting forth such change. BESTBICTION ON POWERS OF PUBLIC UTILITIES. 39. No public utility as herein defined shall — (a) Make, impose or exact any unjust or unreasonable, imjustly discriminatory or unduly preferential individual or joiat rate, commutation rate, mileage or other special rate, toll, fare, charge or schedule for any product of service supplied or rendered by it within this province;" (fe) Adopt or impose any upijust or imreason^ble classification in the making or as the' basis of any individual or joint rate, toll, fare, charge or schedule for any product or service rendered by it within this province; (c) Adopt, maintain or enforce any regulation, practice or measurement which shall be unjust, ^unreasonable, imduly pre- ferential, arbitrarily or unjustly discriminatory or otherwise in violation of law; nor shall any public utility as herein defined provide or maintain any service that is imsafe, , improper or inadequate, or withhold or refuse any service which can reason- ably be demanded and furnished when ordered by said board; (d) Make, or give, directly or indirectly, any undue or un-^ reasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic ia any respect whatsoever, or subject any particular person or corporation or locality or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever; (e) Issue any stocks, stock certificates, bonds oi other evidences of indebtedness, payable in more than one year from the date thereof, until it shall have first obtained authority from the board for such proposed issue; it shall be the duty of the board, after hearing, to approve of any such proposed issue maturing in more than one year from the date thereof, when satisfied that the same is to be made in accordance with law and the purpose of such issue be approved by said board; (/) Capitalize any franchise to be a corporation; capitalize any franchise in excess of the amount (exclusive of any tax or annual charge) actually paid to the province or any muni- cipality thereof as the consideration of such franchise; capitalize any contract for consolidation, merger or lease; issue any bond,s or other evidence of indebtedness against or as a lien upon any contract for consolidation, merger or lease; provided, however, that the provisions of this paragraph shall not prevent the issuance of stock, bonds or other evidences of indebtedness, 1518 PUBLIC UTILITIES Cap. 6 1915 subject to the Approval of said board, by any lawfully merged or consolidated pilblic utilities not in contravention of the pro- visions of this paragraph; (g) Without the approval of the board, sell, lease, mortgage or otherwise dispose of or eicumber its property, franchises, privileges or rights, or any part thereof; or merge or consolidate its property, franchises, privileges or rights, or any part thereof, with that of any other public utility as herein defined; every sale, lease, mortgage, disposition, encumbrance, merger or consolidation made in violation of any of the provisions hereof' shall be void and. of no effect; nothing herein contained shall be construed in' any wise to prevent the sale, lease or other disposition by any public utility as herein defined of any of its property in' the ordinary course of its business. 30. No public utility as herein defined, incorporated under the laws of this province, shall sell, nor shall any such pubUc utility make or permit to be made upon its books any transfer of any share or shares of its capital stock to any other public utility as herein defined, unless authorized to do so by the board; nor shall any public utility as herein defined, incorporated under the laws of this province, sell any share or shares of its capital stock or make or permit any transfer thereof to be made upon its books, to any corporation, domestic or foreign, the result of which sale or transfer, in itself or in connection with other previous sales or transfers, shall be to vest in such corporation a majority in interest of the outstanding capital stock of such public utility corporation unless authorized to do so by the board. Every assignment, transfer, contract or agreement for assignment or transfer by or through any person or corporation to any corporation in violation ot any of the pro-visions hereof shall be void and of no effect, and no such transfer shall be made on the books of any public utility corporation. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired. 31. In the case of a public utility which has for its object the construction, working or maintaining of telegraph, telephone or transmission lines, or the delivery or sale of -water, gas, heat, light or power,' the following conditions shall be fulfilled, over and above those which may be prescribed by the board, that is to say — • (a) The public utility shall not interfere with the public right of travel, or in any way obstruct the entrance to any door or gateway or free access to any building; (h) The public utility shall not permit any wire to be less than sixteen feet above such highway or pubUc place, or erect more than one line of poles along any highway; (c) All poles shall be as nearly as possible straight and perpendicular; (d) The public utility shall not unnecessarily cut down or mutilate any shade, fruit or ornamental tree; (e) The opening up of any street, square or other public place, for the erection of poles, or for the carrjnng of wires undergroimd, shall be subject to the supervision of such person as the municipal 1519 1915 Cap. 6 • PUBLIC utilities council may appoint, and such street, square or other public place shall, without mmecessary delay, be restored as far as possible to its former condition; (f) If, in the exercise of the public right of travel, it is necessary that the said wires or poles be temporarily removed by cutting or otherwise, the public utility shall, at its own, expense, upon reasonable notice in writing from any person requiring it, remove such wires and poles; and in default of the public utility so doing such person may remove such wires and poles at the expense of the public utility. (2) The public utility shall be responsible for all unnecessary damage which it causes in carrying out, maintaining or operating any of its said works. (3) The public utility, unless ordered by the board, shall not be entitled to compensation on account of its poles or wires being cut by order of the officer in charge of the fire brigade at any fire tf, in the opinion of such officer, it is advisable that such poles or wires be cut. (4) Every person engaged in erecting or repairing any line or instrument of the public utility shall have conspicuously attached to his dress a badge on which are legibly inscribed the name of the public utility and a number by which he can be readily identified. (6) Nothing in this section shall be deemed to authorize the public utility to sell or distribute water, gas, light, heat, power or electricity in cities, towns or villages without having previously obtained by by-law the consent of the municipality thereto, imless such public utility has authority therefor by its charter. 33. No change in any existing individual rates, joint rates, tolls, charges or schedules thereof or any commutation, mileage or other special rates shall be made by any public utility, nor shall any new schedule of any such rates, tolls or charges be established imtil»such changed rates or new rates are approved by the board, when they shall come into force on a date to be fixed by the board, and the board shall have power, either upon written complaint or upon its own initiative, to hear and determine whether the proposed increases, changes or alterations are just and reasonable. The burden of proof to show that any such increases, changes or alterations are just and reasonable shall be upon the public utility seeking to make the saine. 33. Every municipality operating any form of public utility service shall keep the accounts thereof in the manner prescribed by the board for the accounting of similar public utilities, and shall file with the said board such statements thereof as it may be directed so to do by said board. 34. No railway company within the legislative authority of this province shall, without first obtaining the approval of the board, abandon any railway station or stop the sale of passenger tickets, or cease to maintain an agent to receive and discharge freight, at any station now or hereafter established in tMs province, at which passenger tickets are now or may hereafter be regularly sold, or at which such agent is now or may hereafter be maintained. 1520 PUBLIC UTILITIES Cap. 6 1915 35. No highway shall be constructed across the tracks of any such railway company at grade, nor shall the tracks of any such railway company, or of any street railway or traction com- pany be laid across any highway, so as to make a new crossing at grade, nor shall the tracks of any such railway or street railway or traction company be laid across the tracks of any other railway or street railway or traction company, without first obtaining therefor permission from the board; provided, however, that this section shall not apply to the replacement of lawfully existing tracks. 36. Whenever it appears to the board that a public highway and a railway within the legislative authority of this province cross one another, or that a public highway and a street railway cross one another, of that such a railway and a street railway cross one another at the same level, and that conditions at such grade crossing make it necessary for the protection of the travoUing public at such grade crossing that gates be erected or that some other reasonable provision for the protection of the travelling public at such grade crossing should be adopted, the board may order and direct such railway company or such street railway company, or either or both of them, to install such protective device or devices or adopt such other reasonable provision for the protection of the travelling public at such crossing as in the discretion of the board shall be necessary. 37. No privilege or franchise hereafter granted to any public utility as herein defined, by any municipality of this province shall be valid imtil approved by said board, such approval to be given when, after hearing, said board determines that such privilege or franchise is necessary and proper for the public convenience and properly conserves the public interests, and the board shall have power in so approving to impose such conditions as to construction, equipment, maintenance, service or operation as the public convenience and interests may reason- ably require. 38. Whe^e, by any general or special Act, a public utility is authorized to amalgamate with any other public utility, such amalgamation shall be subject' to the consent of the board, and shall have no effect imtil the order authorizing the same is published in The Alberta Gazette. ENFORCEMENT OF ACT — ^PROCEDUHE. 39. Every municipal council, whenever it deems that the interests of the public in a municipaUty or in a considerable part of a municipality are sufficiently concerned, may by reso- lution authorize the municipality to become a complainant or intervenant in any matter within the jurisdiction of the board; and for that purpose the council is authorized to take any steps and to incur any expense and to take any proceedings necessary to submit the question in dispute to the decision of the board, and if necessary to authorize the mimicipality to become a party to an appeal therefrom. 1521 1915 Cap. 6 PUBLIC utilities 40. If the Attorney General, a municipality or any party interested makes a complaint to the board that any public utility, municipal corporation, company or person has unlawfully done or unlawfully failed to do, or is about unlawfully to do, or unlaw- fully not to do, something relating to a matter over which the board has jurisdiction as aforesaid, and prays that the board do make some order in the premises, the board shall, after hearing such evidence as it may think fit to require, make such order as it thinks proper vmder the circumstances. 41. The board may make rules of practice, not inconsistent with this Act, regulating its procedure and the times of its sittings. Such rules of practice shall come into force from the date of their publication in The Alberta Gazette. 43. Any summons to a witness may be signed by a member of the board or by the secretary of the board, and shall be served in the same manner as a like summons is served in the Supreme Court of Alberta. 43. The board may issue commissions to take evidence outside of Alberta, and make all proper orders for the purpose and for the return and use of the evidence so obtained. 44. The board shall, as respects the costs of all proceedings before it, the attendance and examination of witnesses, the production and inspection of tariffs, contracts, papers, books, accounts, and all other documents, the enforcement of its orders, the entry on and inspection of property, the punishment of contempt of court and other matters necessary or proper for the due exercise of its jurisdiction, or for carrying this Act into effect, have all such powers, rights and privileges as are vested in the Supreme Court of Alberta or a judge thereof, including the ordering of costs to be paid by any party in its discretion. (2) When costs are ordered to be paid by any party to any other party, the "same shall be fixed by the board. 45. The board may in its discretion accept and act upon evidence by affidavit or written affirmation or by the report of any officer or engineer appointed by it or obtained in such' other manner as it may decide. 46. All hearings and investigations before the board shall be governed by rules adopted by the board, and in the conduct thereof the board shall not be bound by the technical rules of legal evidence. 47 . No person shall be excused from testifying or from producing any book, document or paper in any investigation or inquiry by or upon the hearing before said board, when ordered so to do by the board, upon the ground that the testimony or evidence, book, document or paper required of him may tend to. incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on ar-count of any act, transaction, matter or thing con- 1522 PUBLIC UTILITIES Gap. 6 1915 ceming which he shall, under oath, have testified or produced documentary evidence; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any maimer giving to any corporation immunity of any kind. No member or employee of the board shall be required to give testimony in any civil suit to which the board is not a party, with regard to information obtained by him in the discharge of his official duty. 48. The board may appoint or direct any person to make an inquiry and report upon any application, complaint or dispute pending before the board, or any matter or thing over which the board has jurisdiction under this Act or any other Act, and may order and direct by whom and in what proportion the costs and expenses incurred in making such inquiry and report shall be paid, and may fix the amount of such costs and expenses. 49. Sheriffs, deputy sheriffs, bailiffs, constables and other peace officers shall be ex officio officers of the board and shall aid, assist and obey the board in the exercise of its jurisdiction conferred by this Act or any other Act whenever required so to do, and shall, upon the certificate of the secretary, be paid like fees as for similar services in the Supreme Court of Alberta. 50. The board or any person authorized by the board to make inquiry or report, may — (o) Enter upon and inspect any place, building or works being the property or under the cohtrol of any public utility; (6) Inspect any works, structure, rolling stock or other property of such pubhc utihty; (c) Require the attendance of all such persons as he thinks fit to summon and examine and take the testimony of such persons; (d) Require the production of all books, plans, specifications, drawings and documents; (e) Administer oaths, affirmations or declarations; and shall have the like powers to summon witnesses, enforce their attend- ance, and compel them to give evidence and produce the books, plans, specifications, drawings and documents, which it or he may require them to produce, as is vested in any court in civil cases. 51. Every order made by the board shall be served upon the person or public utihty, as herein defined, affected thereby, within ten days from the time said order is signed, or -within such longer time as the board may direct, by personally delivering or by mailing a certified copy thereof, in a sealed package, with postage prepaid, to the person to be affected thereby, or, in case of a "public utility, to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the law in this province." All orders of the board to continue service or rates in effect at the time said order is made shall be immediately operative; all other orders shall become effective 1523 1915 Cap. 6 PUBLIC utilities upon the date specified therein, which shall be at least twenty days after the date of said order, unless the board shall, for good reason, specially provide for an earlier date. 53. The board may order and require any company or person or municipal corporation to do forthwith, or within or at any specified time, and in any manner prescribed by the board, so far as is not inconsistent with this Act or any other Act, any act, matter or thing which such company or person or municipal corporation is or may be required to do under this Act or any other Act, or any regulation, order or direction of the board, or under any agreement, and may forbid the doing or continuing of any act, matter or thing which is contrary to this Act, or any other Act, or any such regulation, order, direction or agree- ment, and shall have full jurisdiction to hear and determine all matters, whether of law or of fact, and shall, as respects the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders, the entry on and inspection of property, and other matters necessary or proper for the due exercise of its jurisdiction imder this Act or any other Act, or otherwise for carrying this Act or any other Act, or any such regulation, order, direction or agreement into effect, have all such powers, rights and privileges as are vested in the Supreme Court of Alberta. 53. In case default shall be made in the doing of any act, matter or thing, which the board may direct, to be done by the company or person or municipal corporation required to do the same, the board may authorize such person as it may see fit to do the act, matter or thing, and in every such case the person so authorized may do such act, matter or thing, and the expense incurred in the doing ot the same may be recovered from the company or person or municipal corporation in default as money paid for and at the request of such company or person or corporation and the certificate of the board of the amount so expended shall be conclusive evidence thereof. 54. The observance of the orders of the board may be enforced by a written direction to the sheriff of any judicial district endorsed upon or annexed to a certified copy of any such order and signed by the said board, and in the case of an order for payment of any money, costs, expenses or penalty, the sheriff receiving such direction shall levy the amount with his costs and expenses in like manner and with the same powers as if the order were an execution against the goods of the party to pay issued out of the Supreme Court of Alberta. (2) In the case of an order of the board for payment of any money, costs, expenses or penalty, a certificate of the order signed by the secretary may be registered in the office of any registration district or land titles ofiice in the province, and when so registered shall constitute a lien and charge upon any lands or int^est therein of the party or person or company' ordered to pay the money in the registration district or land titles district in which such office is situated to the same extent and in the same maimei as such lands would be boimd by the registration of an execution issued after judgment in the Supreme Court of Alberta. The "amount ordered to be paid by any 1524 PUBLIC UTILITIES Cap. 6 1915 such order so registered may be realized ki the same maimer and by similar proceedings as the amomit of any registered execution of the Supreme Court of Alberta. 55. The board may take such steps and employ such persons as are necessary for the enforcement of any order made by it and for the purposes thereof may forcibly or otherwise enter upon, seize and take possession of the whole or part of the movable and immovable property of such public utility, together with the books and offices thereof, and may, until such order has been enforced, assume and take over the management of the business thereof for and in the interest of the shareholders and the public, and all or any of the powers, duties, rights and functions of the directors and officers of the public utility in all respects, including the employment and dismissal of officers and servants thereof, for such time as the board continues to direct such management. (2) Upon the board so taking possession of such property, it shall be the duty of every officer and employee of the public utility to obey the orders of the board or of such person or persons as it places in authority in the management of any or all departments of the undertaking. (3) The board may, upon so taking possession of such under- taking and property, determine, receive and pay out all moneys due to or o\ying by the public utility, and give cheques, acquit- tances and receipts for moneys to the same extent and as fully as the proper officers thereof could do if no such possession had been taken. (4) The costs and expenses of and incidental to proceedings to be taken by the board under this section shall be in the discretion of the board, and the board may direct by whom and to what extent they shall be pkid. 66. If it is proved that a public utility has not complied with an order given by the board, and if it is of opinion that there are no effectual means of compelling the public utility to obey such order, the board, as an alternative, shall transmit to the Attorney General a certificate, signed by the board and secretary, setting forth the nature of the order and the default ot the public utility in complying therewith. Such default so established shall be ground, after public notice in The Alberta Gazette of the receipt of the said certificate by the Attorney General, for an action to dissolve the public utility or to annul the letters patent incorporating it. The proceedings upon such action shall be governed by the rules in force imder The Supreme Court Act as nearly as may be. 57. The board may, if the special circumstances of any case so requirei, make a provisional order after notice, and in cases of urgency, without notice, authorizing, requiring or forbidding anything to be done which the board would be empowered, in a contested case, to authorize, require or forbid; and such pro- visional order shall remain in force until the final decision of the board, or in case of appeal, imtil the final judgment of the court en banc. 1525 1915 Cap. 6 ' PUBLIC utilities (2) If a provisiofial order has been made without notice, any interested party may, at any time before final order or judgment, a,pply by petition to have the same modified or set aside. 58. The board may direct in any order that such order or any portion thereof shall come into force at a future time, or upon the happening of any contingency, event or condition in such order specified, or upon the performance, to the satis- faction of the board, or person named4>y it, of any terms which the board may impose upon any party interested, and the board may direct that the whole or any portion of such order shall have force for a limited time, or until the happening of a specified event. 59. When in the exercise of the powers conferred upon it by this Act or by any special Act the board directs any structure, appliances, equipment or works to be provided, constructed, reconstructed, altered, repaired, installed, used or maintained, it may order by what company, municipality or persons interested and when or within what time and upon what terms and conditions as to the payment of compensation or otherwise, and under what supervision such work shall be carried out. 60. When any order of the board requires any work, act or thing to be performed or done within a specified time, the board may, upon notice, extend the time so specified. 61. No order involving any outlay, loss or deprivation to any public utility, municipality or person shall be made without due notice and full opportunity to all parties concerned, to make proof to be heard at a public sitting of the board, except in case of urgency, and, in such case, as soon as practicable thereafter, the board shall, on the appUcation of any party affected by such order, rehear and reconsider the matter and make such order as shall seem just. 63. Upon application made for that purpose, the board may, after hearing the parties and their witnesses, revise, change or annul a decision, order or rule previously given or made. (2) The board at any time may order a rehearing and extend, revoke or modify any order made by it. • 63. Every public utility shall, as soon as possible after having received or having been served with any order or other document of the board, notify the same to each of its or his officers and servants performing duties which are or may be affected thereby, by delivering a copy to him or by posting up a copy in some place where his work or duties or some of them are to be per- formed. 64. The decision of the board upon any question of fact or law within its jurisdiction shall be final and be res jvdicata. BOARD DOCTTMENTS AS EVIDENCE. 65. Copies of all official documents and orders filed or deposited in the office of the board, certified by the board, or by the secretary, 1526 PUBLIC UTILITIES Cap. 6 1916 to be true copies of the originals, under the official seal of the board, shall be evidence in like manner as the originals in all courts of this province, and the board or secretary may charge and collect for such copies ten cents for each folio; the fees so collected shall be paid into the treasury of the province. 66. Every document purporting to be signed by the board and secretary, or either of them, or by any officer of the board shall, without proof of any such signature, be prima fade evidence in all courts, and shall be sufficient notice to the pubUc utility and all parties interested (if duly served therewith) that such document was duly signed and issued by the board or officer of the board, as the case may be; and, if such dociunent purports to be a copy of any regulation, order, direction, decision or report, and when duly served on the public utility, or any person, shall be sufficient notice to the public utihty, or any person, of such regulation, order, direction, decision or report from the time of such service. ANNUAL EEPORT. 6'?. The board shall, in the month of January in each year, transmit to the chairman of the Executive Council, for the year ending on the thirtieth day of November previous, a report showing briefly — (a) Applications to the board and summaries of the orders made thereon; (6) The number and the nature of the inquiries which it has held of its own motion; (c) Such matters as the Lieutenant Governor in Council directs. (2) The report shall be laid before the Legislative Assembly during the first fifteen days of the then next session, or within fifteen days after its receipt if the legislature shall be then sitting. 68. A substantial compliance with, the requirements of this Act shall be sufficient to give eflfect to all the rules, orders, acts and regulations of the board, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. APPEAL. 69. The decision of the board upon any question of fact or law within its jurisdiction, and as to whether any company, municipahty or person is or is not a party interested within the meaning of this Act, shall be binding and conclusive upon all companies and persons and municipal corporations and in all courts. (2) The board shall have exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred ~ on it by this Act, or by any other Act, and, save as herein other- wise provided, no order, decision or proceeding of the board shall be questioned or reviewed, restrained or removed by prohibition, injunction, certiorari or any other process or pro- ceeding in any court, even when the question of its jurisdiction is raised. 1527 1915 Cap. 6 PUBLIC utilities (3) No order of the board need show upon its face that any proceeding or notice was had or given, or any circumstance existed, necessajy to give it jurisdiction to make such order. (4) In determining any question of fact, the board shall not be concluded by the finding or judgment of any other court in any suit, prosecution or proceeding involving the determination of such fact, but such finding or judgment shall, in proceedings before the board, be prima fade evidence only. (5) The pendency of any suit, prosecution or proceeding in any other court, involving questions of fact, shall not deprive the board of jurisdiction to hear and determine liie same questions of fact. 70. An appeal shall lie to the court en banc from any final decision of the board upon any question involving the jurisdiction of the board, but such appeal can be taken only by permission of the court en banc and upon notice of intention to appeal being given to the board and the parties within fifteen days from the day on which the decision of the board has been served upon each of the parties or his solicitor. The costs of such application and appeal shall be in the discretio:i of the court en banc. 71. The time for appeal shall begin to run from the day on which the decision of the board has been served upon the party or upon his soHcitor. 73. When the petition to appeal has been granted the appeal shall be brought by a praecipe filed in the office of the secretary of the board and with the registrar of the Supreme Court within eight days after the permission to appeal has been granted. The praecipe must contain a statement of the names of the parties and their addresses, the date of the order appealed from, and a statement of its effect and of the groimds of the appeal, and the date, hour and place when and where the security hereinafter mentioned will be given, and, in case money is not deposited as security, the names and addresses of the proposed surety or sureties. After the praecipe has been filed and within the said eight days a copy of it must be served upon the adverse party or parties. 73. At the time mentioned in the praecipe, which must be within five days after the filing of it, or within such further time as the board may order, the appellant shall give security before the secretary of the board in conformity, as nearly as may be, with the rules governing the giving of security for costs in an action in the Supreme Court. 74. In other respects the proceedings upon appeals taken in virtue of this Act, until final judgment by the court en banc, shall be in conformity, as nearly as may be, with the rules governing appeals in the Supreme Court. 75. The court en banc shall thereafter determine the matter referred to it, or upon which the appeal is taken, and shall make such order as shall appear just and shall adjudge the costs of such appeal in its discretion and order that the record be trans- 1528 PUBLIC UTILITIES Cap. 6 1915 mitted to the secretary of the board by the registrar of the Supreme Court, who shall aimex to the record a copy of the judgment of the court, and there shall be no appeal from such judgment. Payment of any costs so ordered may be enforced m the same manner as payment of costs ordered by the board to be paid. 76. Every order of the board shall go into effect at the time prescribed by the order, and its operation shall not be suspended by any such appeal to the court en banc unless otherwise ordered by the said court en banc; but the board itself may suspend the operation of its order, when appealed from, until the decision of the court en banc is rendered, if the board thinks fit. GENERAL PEOVISIONS. 77. Every municipal corporation owning or operating any public utility within the meaning of this Act may, by by-law of the councir thereof, approved of by the Lieutenant Governor in Council, provide that such public utiUty shall come under the operation of this Act and be subject to the control and orders of the said board; and, if any such by-law is so passed and approved, the public utility owned and operated by such municipality shall thereafter come under the operation of this Act and under the control and management of the said board. 78. Any proceeding in any court of this province directly affecting an order of the board, or to which the board is a party, shall have preference over all other civil proceedings pending in such court. 79. If, for any reason, any section or provision of this Act shall be questioned in any court, and shall be held to be uncon- stitutional or invalid, no other section or provision of this Act shall be affected thereby. PENALTIES. 80. In default of compliance with any order of the board, when the same shall become effective, the person or pubKc utility affected thereby shall be subject to a penalty of one hundred dollars per day for every day during which such default continues, the amount of such penalty to be fixed and determined by the board by order signed by it under the seal of the board. 81. Any person who shall knowingly and wilfully perform, commit or do, or participate in performing, committing or doing, or who shall knowingly or wilfully cause, participate or join with others in causing, any public utility or corporation or company to do, perform or commit, or who shall advise, solicit, persuade or knowingly and wilfully instruct, direct or order any officer, agent or employee of any public utility, cor- poration or company, to perform, commit or do any act or thing forbidden or prohibited by this Act, shall be guilty of an offence against this Act. 83. Any person who shall knowingly and wilfully neglect, fail or omit to do or perform, or who shall knowingly and wilfully 1529 1915 Cap. 6 " PUBLIC utilities cause or join or participate with others in causing any public utility, corporation or company to neglect, fail or omit to do or perform, or who shall advise, solicit or persuade, or knowingly or wilfully instruct, direct or order any officer, agent or employee of any public utility, corporation or company to neglect, fail or omit to do, any act or thing required to be done by this Act, shall be guilty of an offence against this Act. 83. Any public utility, corporation or company which shall perform, commit or do any act or thing hereby prohibited or forbidden, or which shall neglect, fail or omit to do or perform any act or thing hereby required to be done or performed by it, shall be guilty of an offence against this Act. 84. Every person or public utility guilty of an offence imder this Act shall, in addition to all other penalties, be liable, on summary conviction before a police magistrate or two justices of the peace, to a fine of not less than fiifty dollars nor more than five hundred dollars, besides costs of prosecution, and, in default of payment, if an individual, to imprisomnent for a term not exceeding six months. 85. This Act shall not have the effect to release or waive any right of action by the board or by any person for any right, penalty or forfeiture which inay have arisen, or which may arise, imder any of the laws of this province, and any penalty or forfeiture enforceable under this Act shall not be a bar to or affect the recovery for a right, or affect or bar any action at law or prosecution, against any public utility, or person or persons operating such public utility, its ofl&cers, directors, agents or employees. ADDITIONAL POWERS. 86. In addition to the powers hereinbefore granted, the board shall have power — (a) To inquire into the merits of any application of a local authority for permission to raise money by way of debenture or upon the security of stock, and to grant or refuse such per- mission; (6) To manage, notwithstanding anything in any city charter, town charter or The Town Act, the sinking fimd of any local authority which desires to intrust the same to the board for management; (c) To supervise the expenditure of moneys borrowed by a local authority under this Act; (d) To obtain from any local authority at any time a statement in detail of its assets and liabilities and of its revenue and expenditures for any definite period. 87. The officials of any local authority, to whom the board makes application for statements, reports, copies of documents or information of any kind, shall furnish the required statements, copies or information to the board free of cost. (2) The registrars of land titles m the different land registration districts throughout the province shall furnish the board with such certificates and certified copies of documents as the board 1530 PUBLIC UTILITIES Cap. 6 1915 may in writing require without charge, and the board or any member or official of the board thereunto authorized may at any time search in the pubUc records of the land titles offices without charge. (3) The board shall have all the power and authority to compel persons to attend and testify under~oath or affirmation as to matters coimected with any investigation or inquiry which it is authorized to make and to produce books and documents, and all the power and authority to preserve order and punish for contempt, which may be exercised by a police magistrate or justice of the peace in respect of criminal or quasi criminal matters pending before him. 88. When a local authority desires to provide for the raising of a loan by way of debenture or upon the security of stock for the purpose of any work or undertaking, the acquisition of property or any other object within its jurisdiction, application shall be made to the board for permission to do so. 89. In the case of a city or town such application shall be made prior to, or forthwith after, the first reading of a by-law providing for the loan and before such by-law is submitted to a vote of the persons authorized to vote thereon, and no further action shall be taken by the council upon the by-law until the authorization of the commissioners has been obtained as herein- after provided. 90. In the case of villages and rural municipalities the council shall continue to follow the procedure now provided by The Village Act and The Rural Municipality Act, respectively, for obtaining leave to borrow money, save that hereafter application for such leave shall be made to and the power to grant such authority shall vest in the board instead of the Minister of Municipal Affairs as now provided in the said Acts; and whenever in sections 75, 76, 77, 79 and the second line of section 78 of The Village Act, and in sections 227, 238, 239 and the second line of section 240 of The Rural Municipality Act, reference is made to the Minister of Municipal Affairs, the said reference shall be deemed to apply to the board. 91. In the case of school districts the school boards shall continue to follow the procedure laid down ia The School Ordi- nance for obtaining permission to borrow money, save that hereafter apphcation for such authority shall be made to and the power to grant such permission shall vest in the board instead of the Minister as now provided in the said Ordinance; and whenever in sections 108, 110, 112 and the fourth line only ol section 128 of The School Ordinance, reference is made to the Minister, arid when in subsection (2) of section 109 and in section 127 of The School Ordinance reference is made to the department, the reierence shall be deemed to apply to the board. 93. Every application shall be addressed to the secretary of the board and shall be accompanied in the case of applications ' by the councils of cities and towns by a copy of the by-law dealing with the proposed loan, in other cases by the documents prescribed by the various statutes governing -the application. 1531 1915 Cap. 6 PUBLIC utilities PBOCBDUEE BY THE BOARD. 93. The board in conducting its inquiry and in arriving at its decision shall consider the nature of the work, undertaking or other object of the proposed loan, the necessity or expediency of the same, the . financial position of the local authority and all such other matters as in the opinion of the board may call for consideration. 94. The board, in the course of an inquiry, shall have power to summon and examine on oath any person whose evidence it may desire to obtain and may fix a date for the hearing of all parties interested in the granting or refusing of an application, in which case it may order that proper public notice be given of the hearing. 95. When a local authority proposes to borrow money by way of debenture or other security for the purpose of establishing or extending any system of waterworks or of constructing, altering or extending any common sewer or system of sewerage, the board shall not grant the permission applied for until the certi- ficate of the provincial board of health approving of the proposed undertaking has first been obtained, as proAdded by sections 11 or 12, as the case may be, or under the provision of section 13 of The Public Health Act. 96. All debentures issued by local authorities shall contain, in addition to other particulars required by law, a note or memorandum imder the seal of the board, signed by the chairman or, in his absence, by one of the other commissioners, authorizing the issue: Provided, however, that nothing contained in this section or in any other section of this Act shall be deemed to repeal any of the provisions concerning the countersigning of debentures or of debenture coupons by a Minister contained in any Act now in force in Alberta. 97. In case the board undertakes the management of the sinking fund of a local authority it shall be at liberty to invest the same in all or any of the securicies in which trustees having trust money in their hands are authorized to invest it under The Trustee Ordinance; and it shall have all the powers and authorities conferred upon sinking fund trustees by city charters, town charters and The Town Act respectively; and the treasurer of the local authority shall be subject to the control and requisition of the board and shall deposit the sinking fund as required by the city charter, town charter or The Town Act, as the case may be. 98. It shall be the duty of the Provincial Auditor to arrange for an annual audit of the accounts of the board in coimection with sinking funds and their management, and an inspection of the books and records of the board connected with such funds for the preceding financial year, and such audit and inspection shall be under the supervision of the Provincial Auditor and the costs and expenses thereof shall be paid by the board as part of the cost of managing the i\XD.ds at its disposal. 1532 PUBLIC UTILITIES Cap. 6 1915 SUPERVISION OP EXPENDITUEE. 99. In case the board undertakes to supervise the application of any moneys borrowed by a local authority under this Act, the board, its auditor, engineer, inspector or other person appointed to make an inquiry or report, may- Co) Enter upon and inspect any place, building or works, the property or under the control of the local authority, the entry or inspection of which appears to it requisite; (b) Require the attendance of all such persons as it or he thinks fit to summon and examuie, and require answers or returns to such inquiries as it or he thinks fit to make; (c) Require the production of all material, books, papers, plans, specifications, drawing and documents; (rf) Administer oaths, affirmations or declarations; and shall have the like power of enforcing the attendance and examination of witnesses, the production and inspection of documents, the enforcemenf of its orders, and other matters necessary or proper for the due exercise of its jurisdiction as is vested in the Supreme Court of Alberta in respect of any cause or matter properly before it. FEES. ' 100. There shall be paid on every application for permission to raise money by way of loan on debentures or stock and for services performed by the board in iuquiring into the merits of applications or in managing the investing of a sinking fund such fees as shall be fixed by the board with the approval of the Lieutenant Governor in Council. GENERAL. ■ 101. The Lieutenant Governor in Coimcil shall have power to make all provisions not inconsistent with this Act which may be required for the better carrying its purposes into effect. 103. This Act shall come into force on a date fixed by proclamation. 1915 CHAPTER 7. An Act to amend The Libel and Slander Act. {Consolidated in ChaTpter 12, 1913 (2).) 1533 1915 CHAPTER 8. An Act respecting Insurance. {Assented to April 17, 1915.) UIS MAJESTY, by and with the advice "and consent of the * *■ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Alberta Insurance ActJ' INTERPRETATION. 3. In this Act, unless the context otherwise requires — 1. "Actuarial solvency" shall mean the solvency of an insurance corporation when its actuarial liabilities are charged or treated as present liabilities; 2. "Agent" shall include any person who undertakes or assists or aids another to undertake insurance; and shall also include an insurance broker; 3. "Accident insurance" means insurance against bodily injury and death by accident, including the liability of employers for injuries to persons in their employment; 4. "Automobile insurance" shall include insurance against accidental bodily injury or death to the driver of an automobile, insurance against loss or damage from accident or injury suffered by an employee or other person caused by an automobile and for which the owner thereof is Uable, insurance against loss or damage to property from an .accident ca,used by an automobile, and insurance against loss or damage to an automobile by fire, accident, burglary or theft; 5. "Beneficiary" shall include every person entitled to insurance money, and the executors, adininistrators and assigns of any person so entitled; 6. "Cash-mutual company" means a company "organized to transact mutual insurance, but empowered to undertake contracts 'of insurance on both the cash plan and the premium note or mutual plan; 7. "Certificate of authority" means any certificate issued by the superintendent of insurance, entitling the; holder, to act as an insiirance agent within the province; '■ 8. " Company " means and includes any company or corporation, or any society or association, incorporated or unincorporated, or any firm or partnership, or any underwriter, except a friendly society, that undertakes or effects for valuable consideration, or agrees or offers so to undertake or effect, in the province, ' any contract of insurance within the meaning of this Act; 1534 INSURANCE Cap. 8 1915 9. "Contract" means and includes any contract or agreement, sealed, written, or oral, the subject matter of which is within the intent of paragraph 20 hereof; 10. "Credit insurance" means insurance against the insolvency of debtors or against loss from giving or extending credit; 11. "Dominion company" means a company licensed under authority of the Parliament of the Dominion of Canada; 12. "Dominion insurance corporation" means an insurance corporation licensed under authority of the Parliament of the Dominion of Canada; 13. "Fidelity insurance" means insurance against the dis- honesty, unfaithfulness, negligence, or default of employees, or trustees, or persons occupying public or private positions of duty, trust, confidence or agency; 14. "Foreign company" means any company other than a Dominion company, not incorporated by or under the authority of the legislature; 15. "Foreign insurance corporation" means any insurance corporation other than a Dominion insurance corporation not incorporated by or under the authority of the legislature; 16. "Friejidly society" shall include any corporation, society, association, or fraternity, benevolent, mutual, provident, industrial or co-operative, or the like, which does not carry on insurance for profit, and which through the mutual co-operation of its members furnishes to such members or to their families, relatives, dependents, or other designated beneficiaries upon a specified contingency aid, protection, or benefit; 17. "Guarantee insurance" shall include "credit insurance," "fidehty insurance," and "title insurance," and any contract whereby the insurer undertakes suretyship, or undertakes to pay money or perform a contract, trust or duty on default of another who is in the first instance liable for such payment or performance; 18. "Inland marine insurance" means marine insurance in respect of subjects of insurance at risk in Canada above the harbour of Montreal; 19. "Inland transportation insurance" means insurance against loss or damage to goods, wares, merchandise or property of any Mnd including matter transmitted by mail, in transit, other- wise than by water, from place to place in Canada; 20. "Insurance" shall include the following, whether the contract be one of primary msurance, or of reinsurance, and whether the premium payable be a sum certain, or consist of sums uncertain or variable in time, number or amount: (a) Insurance against death, sickness, infirmity, casualty, accident, disability or any change of physical or mental condition, whether payable in money, services or otherwise; (6) Insurance against financial loss; or against loss of work, employment, practice, custom, wages, rents, profits, income or revenue; (c) Insurance of property against any loss or injury from any cause whatsoever, whether the obligation of the insurer is to indemnify by a money payment or by restoring or reinstatuig. the property insured; (d) Contracts of endowment, assessment endowment, tontine, semi-tontine, lifetime benefits, annuities on lives, or 1535 1915 Cap. 8 , INSURANCE contracts of investment involving tontine or survivorship principles for the benefit of persisting members; and any contract of investment involving life contingencies; (e) Any contract made in consideration of a premium and based on the expectancy or expectation or probability of life; and any contract made, on such consideration and having for its subject the life, safety, health, fidelity or insurable interest of any person, whether the benefit under the contract is primarily payable to the assured or to a donee, grantee or assignee, or to trustees, guardians or representatives, or to or in. trust for. any beneficiary, or to the assured by way of indemnity or insurance against any liability incurred by him by Or through the death or injury of any person; (/) Any investment contract imder which lapses or payments made by discontinuing members or investors accrue to the benefit of persisting members or investors, except where a corporation other than an insurance corporation is expressly authorized to undertake such contract by a statute in force in Alberta; (g) Generally any contract in the nature of any of the foregoing whereby the benefit under the contract accrues payable on or after the occurrence of some contingent event; 21. "Insurance on the cash plan" means insurance given for a money consideration without premium note; 22. "Insurance corporation" shall include any company and any friendly society as defined by this Act; 23. "Investment insurance" means insurance against loss of either , principal or interest, or both, of moneys lent, invested, or secured on mortgages or debentures, and loss of deposits and loans of every Mnd to any person at home or abroad, and includes insurance against loss of rentals by any cause except fire; 24. "Legislature" means the Legislative Assembly of Alberta; 25. "Mutual insurance" means insurance given in consideration of a premium note or undertaking with or without any immediate cash pajTnent thereof; and the expression "mutual company" means a company empowered solely to transact mutual insur- ance; 26. "Offer to undertake" shall include the setting up of a sign or inscription containing the name of the insurance corporation, and the distribution or publication of any proposal, circular, card, advertisement, printed form, or like document, in the name of the insurance corporation, or any written or oral solicitation on its behalf; 27. "Officer" shall include any trustee, director, manager, treasurer, secretary or member of the board or committee of management of a corporation or any person appointed by the corporation, to sue and be sued in its behalf; 28. "Person" shall, unless the context otherwise requires, include any company or corporation, any society or association, incorporated or unincorporated, and any firm or partnership; 29. "Plate glass insurance" means insurance against the breaking of plate or other glass, either local or in transit; 30. "Policy" shall include any contract of insurance within the meaning of this Act; 1536 INSURANCE Cap. 8 1915 31. "Premium note" means an instrument given as con- sideration for insurance whereby the maker undertakes to pay such Slim or sums as may be legally demanded by the insurer, tlite aggregate of such sums not to exceed an amount specified in the instrument; 32. "Province" means the Province of Alberta; 33. "Provincial. company" means any company incorporated by or under the authority of the legislature; 34. "Provincial insurance corporation" means any insurance corporation incorporated by or under the authority of the legislature; 35. "Registered" means, entered in the register of* the super- intendent; 36. "Sickness insurance" means insurance against loss through ilhiess not ending in death, or disability not arising from accident or old age; 37. "Steam boiler insurance" means insurance against loss or damage to life, person, or property, caused by the explosion of steam boilers, or engines or pipes connected therewith or operated thereby; 38. The expression "superintendent" and "superintendent of insurance" means any superintendent of insurance appointed under this Act, and shall include his deputy; 39. "Title insurance" shall include insurance whereby the insurer insures the validity of title to property, real or personal, or insures the legality and validity of written obligations or of other instruments; 40. "Treasurer" means the Treasurer of the Province of Alberta, or any member of the Executive Council to whom from time to time may be transferred, either for a limited period or otherwise, the powers and duties which are by this Act assigned to the Treasurer; 41. "Undertake" shall include undertake, or negotiate, or solicit, or agree, or offer to undertake; 42. "Written" as applied to any instrument, shall include written or printed, or partly written and partly printed. 3. Every insurance corporation which undertakes insurance within the province other than the renewal from time to time of life insurance policies shall pay to the superintendent, for the use of the province, an annual tax as follows: 1. Every company undertaking — (a) Life insxirance $300.00 (b) Fire, storm, cyclone, tornado, inland marine, inland transportation and sprinkler leakage insurance 300 . 00 (c) Hail insurance 200.00 (d) Accident, sickness and guarantee insurance 200 . 00 (e) Plate glass insurance 50 . 00 (/) Storm, cyclone and tornfl,do insurance 50 . 00 (g) Inland marine and inland transportation insur- ance 50.00 (h) Sprinkler leakage insurance 50 . 00 (i) Mutual fire insurance — ■ (i) If provincial 50 . 00 (ii) If Dominion or foreign 100 . 00 0) One or more of all other classes of insurance . . . 100 . 00 1537 1916 Cap. 8 INSURANCE 2. Every underwriter's agency undertaking one or more of all classes of insurance $100 . 00 3. Every friendly society, having less than one hundred members in the province, undertaking any one or more of the classes of insurance named in the following sub- section 25.00 4. Every friendly society, having one hundred members or more in the province, imdertaking — (a) Sickness and funeral benefit insurance, and having its head office — (i) Within Canada 25.00 (ii) Without Canada 50.00 (&) Life insurance, including sickness and fimeral benefit insm-ance, and having its head office — (i) Within Canada 50.00 (ii) Without Canada 100.00 5. Save as in this section provided, every insurance corporation shall pay a separate tax in respect of each class of insurance undertaken by it, and no insurance corporation other than a Dominion insurance corporation, undertaking life insurance, shall undertake any other class of insurance, except as in this section provided; 6. The tax payable by any insurance corporation, not under- taking insurance within the province, before the first day of July in any year shall, except as to the undertaking of hail insurance, be such proportion of the aimual tax as the Lieutenant Governor in Council shall by order determine. 4. All taxes imposed upon any insurance corporation by this Act shall become due and payable immediately on the undertaking of insurance by it within the province, and on the first day of January in each and every year thereafter, and if any such taxes are not paid within sixty days from the time when the same became due and payable there shall be added thereto by way of a penalty a sum equal to fifty per centum of such taxes remaining unpaid and such sum shall form a part of the said taxes and be recoverable therewith. 5. The superintendent shall keep a register in which he shall enter the name of every insurance corporation which has paid all taxes due by it, and shall, subject to the provisions of section 18, issue to any such insurance corporation a receipt or certificate of payment thereof in such form as he shall determine. 6. A certificate of payment of taxes shall confer on the insurance corporation named therein the same corporate rights (except as is or may be otherwise provided by this or any other Ordinance or Act) as if it had been incorporated by an Act of the Legislature. (2) No receipt, certificate of payment of taxes, nor the pub- lication of the annual or other report or statement in any Govern- ment publication, shall be construed to te a guarantee, warranty or commendation of the financial standing or actuarial solvency of any insurance corporation, nor shall any person orally or in writing so represent. 1538 INSURANCE Cap. 8 1915 7. No company, other than a Dominion company, shall imder- take insurance in this province if it be a company — 1. Undertaking fire, or fire and inland marine, or fire and accident, or life, or guarantee or suretyship insurance, or hail insurance, unless the amount of its authorized capital stock shall be at least $500,000, and unless the company shall furnish to the superintendent satisfactory evidence that of the said capital stock at least $200,000 has been bona fide subscribed for and taken up, and that at least $25,000 of the said subscribed stock has been paid up; 2. Undertal^ng accident, or sickness, or sickness and accident, or live stock insurance with or without insurance on vehicles, unless the amount of its authorized capital stock shall be at least $200,000, of which $100,000 at least shall be shown to have been bona fide subscribed for and takten up, and at least $10,000 paid 3. Undertaking only inland marine insurance, or inland trans- portation insurance, or insurance (other than that referred to in clause 4 hereof) against any loss or damage to property by accidental causes, including explosions, or by reason of larceny, house-breaking or burglary, or any two of the said classes of insurance, unless the amount of its authorized capital stock shall be at least $100,000 of which at least $50,000 shall be shown to have been bona fide subscribed for and taken up, and at least $10,000 paid up; 4. Undertaking bicycle or vehicle insurance (other than auto- mobile insurance) or plate glass insurance, or any two or more thereof, unless the amount of its authorized capital stock shall be at least $25,000, of which $12,000 at least shall be shown to have been bona fide subscribed for and taken up, and at least $3,000 paid up. (2) No friendly society other than one licensed by the Dominion of Canada, shall undertake insurance unless its contracts for life insurance require members to pay premiums or assessments on every $1,000 liability equal to those set out in schedule A hereto, and in addition such further sums as the superintendent considers sufficient to cover the expenses of management. (3) The Lieutenant Governor in Council may relieve any friendly society other than one Ucensed under the authority of the ParUament of Canada, Ucensed to do business in the province prior to the first day of January, 1915, from the application of this section upon any terms and conditions that may seem advisable. (4) No insurance corporation other than a Dominion insur- ance corporation shall undertake insurance in the province if the taxes imposed upon it by this Act are in arrear. 8. The Treasurer shall cause to be published yearly in The Alberta Gazette a Ust of registered insurance corporations with the amount of deposit, if any, made by each insurance corpora- tion, and from time to time upon a new insurance corporation becoming registered, or upon the taxes imposed by this Act being unpaid or in arrear, shall publish a notice thereof in The Alberta Gazette. (2) Every registered insurance corporation shall forthwith after issue to it of the receipt or certificate referred to in section 1539 1915 Cap, 8 INSURANCE 5 publish a notice thereof in two issues of The Alberta Gazette and once a week for four weeks in a newspaper publiahed in Edmonton, and shall give the like notice when it ceases to carry on any class of insurance. 9. Every insurance corporation shall forthwith upon becoming registered file with the superintendent the following documents, that is to say: 1. A certified copy of its Act of incorporation, charter or other instrument of association and of its Dominion license, if any; 2. A power of attorney (in form prescribed by the Lieutenant Governor in Council or to the like effect) from the insurance corporation to the superintendent under its seal, if any, and signed by the president and secretary or other proper officer thereof, in the presence of a witness who shall make oath or affirmation as to the due execution thereof and the official posi- tions in the insurance corporation held by the officers signing such power of attorney shall be sworn to or affirmed by some person cognizant of the facts necessary in that behalf; provided that whenever the insurance corporation has by such power of attorney imder its seal appointed a general agent for Canada, and has thereby authorized such general agent to appoint chief officers or agents for it in the various provinces of Canada, then, after so filing a copy of the said first mentioned docimient duly certified by a notary public to be a true copy thereof, powers of attorney executed by the said general agent for Canada under his seal, in the presence of a witness who has by oath or affirma- tion duly verified thte execution thereof, shall be deemed suffi- ciently executed by the insurance corporation for all the purposes of this Act; 3. A certified copy of any resolution of the insurance corpora- tion authorizing the signatories to such power of attorney to sign the same on its behalf, and such other documents as the superintendent may require; 4. A statement, in such form as may be required by the Treasurer, of the condition and affairs of the insurance corpora- tion on the thirty-first day of December then next preceding, or up to its usual balancing day but such day shall not be more than twelve months before the filing of the statement. (2) Every company shall pay to the superintendent for the use of the province on filing the said documents a fee of $10.00. (3) Every friendly society shall in addition to the docimients required to be filed by the first subsection, file the following: (1) Certified copies of its rules, by-laws and regulations verified to the satisfaction of the superintendent; (2) An affidavit or statutory declaration that the society is still in existence and legally authorized to undertake insurance under its charter; (3) Notice of the location of the head office of the society; (4) Notice of the location of the head office of the society in Alberta; (5) A certified statement of the society's membership in Alberta; (6) A schedule of the rates fixed by the society. 1540 INSURANCE Cap. 8 1915 (4) Every friendly society shall pay to the superintendent for the use of the province on filing the said documents a fee of $5.00. 10. After such certified copies and power of attorney are filed as aforesaid, any process in any action, suit or proceeding against the insurance corporation in respect of any liabilities incurred in the province may be served upon its attorney appointed pursuant to the ninth section of this Act, and such notice shall be deemed to be service upon the insurance corporation; provided, however, that nothing herein contained shall render invaUd service in any other mode in which the insurance corporation may be lawfully served. 11. Whenever any legal process is served upon the superin- tendent, under the provisions of this Act, as attorney for a registered insurance corporation, he shall, if its head office is in Canada, forthwith notify it of such service by registered letter, containing a copy of such process, prepaid and directed to the secretary, or, if its head office is without Canada, to its resident manager, if any, in Canada, or to such other person as may have been previously designated by it, by written notice filed in the office of the superintendent, as the person to whom the same should be sent. The superintendent shall keep a record of the date and hour of the service of process upon him. 13. There shall be no judgment for default of appearance or defence, or action taken as a consequence of such service unless and until an affidavit is filed in the court out of which or by which such process is issued, showing that the said attorney has, in accordance with the requirements of section 11, duly notified the insurance corporation affected by such process of the service thereof upon him. 13. Every registered fire insurance company shall cause to be printed, stamped or written in plain letters across the face of every poUcy, interim receipt or other insuring document, covering fire loss, issued by or on behalf of such company, on property of any kind, either real or personal, in the province, or which on the face of such policy, interim receipt or other insuring document is stated to be in the province, the words "registered under The Alberta Insurance Act." UNDEBWEITEHS' AGENCY. 14. No policy* of insurance covering loss by fire on property situate in the province shall be issued through any underwriters' agency or underwriters' company which issues policies in its own name for another principal or guaranteeing or managing company, unless such principal or guaranteeing or managing company and such underwriters' agency or underwriters' com- pany are both registered, nor unless such policy bears the name of the principal, guaranteeing or managing company in a prominent and conspicuous manner, nor unless the form of such pohcy has been approved by the superintendent. (2) Every registered fire insurance company which carries on any of its business or issues any policy of insurance through an 1541 1915 Cap. 8 INStERANCE underwriters' agency or company shall, in addition to the other information required to be given by such company, file, on a , form to be prescribed by the superintendent, a return of the business transacted by the said underwriters' agency or company up to the 31st day of December in each and every year. AGENTS. 15. Every fire or employers' liability insurance policy issued by any company covering a risk in the province shall be approved by an agent of the company who is a resident of the province, holding a certificate of authority from the superintendent, and such agent shall sign or countersign any policy, duplicate poHcy or cdntract so issued and make a record of the same in books provided by the company for that purpose, and shall receive the commission or some part thereof when the premium stipu- lated in such policy is paid; provided, that tins section shall not apply to direct insurance covering the rolling stock of railroad corporations or property in transit, which is in the possession and custody of railroad corporations, or other common carriers, or to movable property employed by them in their business as common carriers. 16. No agent, other than an agent of a provincial mutual fire insurance company, shall undertake insurance in this pro'dnce unless and until he has obtained from the superintendent a certi- ficate of authority to act as such agent. No such certificate shall be granted to an agent to undertake insurance for an insurance corporation which is not registered. (2) No agent, or other person representing or doing business in the province for any company registered imder this Act shall, directly or indirectly, divide or offer to divide his commission or other remuneration with, or give, or offer to give, any part of his conunission or other remimeration, or any other matter or thing of value to any person whose life, safety, health, fidelity, property or insurable interest he. may be insuring or seeking to insiu-e, or to any person having or claiming or appearing to have any infiuence or control as to the placing of such insurance, as an inducement to insure with him or in or with a company employ- ing him or represented by him, or to any other person who has not obtained a certificate of authority under this Act. (3) No resident agent holding a certificate of authority shall sign any policy of insurance in blank. (4) The superintendent of insurance may revoke any certifi- cate of authority if, after due investigation by him or his agent, he determines that the agent to whom it was issued has violated any of the provisions of this Act, or of the laws of the Dominion of Canada respecting insurance, or is incompetent, vmtrustworthy ■ or dishonest. No person whose certificate of authority is revoked shall be entitled to another until one year after such revocation. 17. Every agent shall pay to the superintendent for the' use of the province for each certificate of authority or renewal " thereof — 1. To undertake all classes of insurance: In cities $25 .00 1542 INSURANCE Cap. 8 1915 In towns $7 .00 In other places 3 .00 2. To undertake, anywhere in the province, all classes of insurance except fire insurance 3 . 00 (2) The holding of a certificate of authority shall ipso facto exempt the agent from liability to pay any license fee for under- taking insurance imposed by any other authority in the province. (3) Every such certificate shall expire on the fifteenth day of February next following the date of the granting thereof, but may upon the application of the agent be renewed by the superintendent upon payment of the prescribed fee. secukiti.es. 18. Every provincial and every foreign insiu-ance corporation, not being a friendly society incorporated and licensed by or jmder the authority of the Legislature of any province of Canada^ shall, before the issue of a receipt or certificate of payment of taxes, lodge with the Treasurer, either in cash or in any stock, debentures or other securities approved of by the Treasurer the deposits respectively hereinafter stated. 19. The deposit to be made by any such insurance corporation shall be the sum appointed therefor in the twentieth and. twenty-first sections of this Act and such deposit shall be accom- panied by an affidavit of at least two of the principal officers of the insurance corporation that the said securities, are its property absolutely and are free from liens and enciunbrances of any and every nature whatsoever. 30. If on the preceding thirty-first day of December in any year the total contingent liability, or the amount at risk in the province, of any such insurance corporation does not exceed one million, five hundred thousand dollars, then — 1. Every joint stock company, if a provincial company, shall keep on deposit with the Treasurer $10,000, and, if a foreign company, $20,000; provided, however, that a provincial or foreign company imdertaking plate glass insurance only shall deposit $3,000; 2. Every friendly society, included in section 18, shall keep on deposit with the Treasurer $10,000, but if doing only sickness and funeral benefit insurance, or one of them, the amount of the deposit shall be $2,000; 3. Every provincial mutual fire, or fire and inland marine company, insuring mercantile or manufacturing risks, shall keep on deposit with the Treasurer $5,000; and every provincial cash-mutual fire, or fire and inland marine company insuring mercantile or manufacturing risks, $5,000; 4. Every foreign mutual fire, or fire and inland marine com- pany insuring mercantile and manufacturing risks shall keep on deposit with the Treasurer $10,000; but a foreign mutual fire insurance company not insuring mercantile and manufac- turing risks shall keep on deposit with the Treasurer $5,000; 5. Every foreign mutual hail insurance company shall keep on deposit with the Treasurer the sum of $20,000, and every such provincial company the simi of $5,000. 1543 1915 Cap. 6 INSURANCE 31. If on the preceding thirty-first day of December in any year the total contingent liability, or the amount at risk in the province, of any insurance corporation, referred to in the ne3ct preceding section, exceeds one million, five hundred thousand dollars then for each additional one million, five hundred thousand dollars, or fraction thereof, each such insurance corporation shall, if foreign, keep on deposit with the Treasurer by way of additional security a sum equal to one-half of the initial deposit; and, if provincial, shall keep on deposit 8200 for every one hundred thousand dollars, or fraction thereof, by which the said total contingent liability, or amount at risk, exceeds one million, five hundred thousand dollars. 33. Notwithstanding the provisions of its charter or memor- andum of association, every insurance corporation heretofore or hereafter incorporated or chartered, by or under the authority of the Legislature, shall be governed only by this Act in regard to deposits to be made with the Treasurer or the Government of Alberta, and shall not be required to make or continue any further or other deposit or deposits than such as are required hereby. 33. Securities approved of hereunder by the Treasufer shall be accepted at their market value at the time when they are deposited. . 34. If the market value of any of the securities which have been deposited by any insurance corporation declines below the value at which they were deposited the Treasurer may from time to time call upon the insurance corporation to make a further deposit, so that the market value of all the securities deposited by any insm-ance corporation shall be equal to the amount which they are required to deposit by this Act. 35. The Treasurer may permit the substitution of other securities for those deposited with him. 36. Any securities deposited under the provisions of this Act may be used by the Treasurer for the purposes of re-insuring all or any part of the risks of the insurance corporation out- standing in Alberta as and when the superintendent may see fit. 37. An insurance corporation may deposit with the Treasurer any moneys or securities of the kind prescribed by section 18 of this Act beyond the sum hereinbefore required; and such moneys or securities shall be dealt with as if the same had been part of the original deposit, and no part thereof shall be with- drawn except with the sanction of the Lieutenant Governor in Council. 38. If from the annual statements, or from an examination of the affairs and condition of any company, other than a Dominion company, it appears that the re-insurance value of all its risks outstanding in the province, together with any other liabilities in the province, exceeds its assets in the province, including the deposit in the hands of the Treasurer, then the company shall be called upon by the Treasurer to make good the deficiency 1544 iNSUEANCE Cap8. 1915 at once, and on failure to do so its corporate powers in the pro- vince shall thereupon cease and determine, except fot the purpose of winding up its affairs. In the case of life companies, such re-insurance value shall be calculated on the basis used by the insurance branch of the Department of Finance at Ottawa. 39. Where an insurance corporation, other than a Dominion insurance corporation, fails to make the deposits under this Act at the time required, or where written notice has been served on the Treasurer of an undisputed claim arising from loss insured against in Alberta remaining unpaid for the space of sixty days after being due, or of a disputed claim after final judgment in the regular course- of law and tender of a legal valid discharge being unpaid, so that the amount of securities representing the deposit of the insurance corporation is liable to be reduced by sale of any portion thereof, the corporate powers of such insurance corporation in the province shall ipso facto be suspended until the deposit is again brought to the strength -required by this Act over and above such liable reduction, but on such strength being acquired, the insurance corporation shall again ipso facto be clothed with its corporate powers in the province. 30. Except in cases with respect to which it may be otherwise provided by the Lieutenant Governor in Council, so long as the deposit of any insurance corporation is unimpaired and no notice of any final judgment or order to the contrary is served . upon the Treasurer, the interest upon securities forming the deposit shall be handed over to the insurance corporation when received by him. 31. Every registered company, other than a Dominion company, transacting any business of life insurance in the province, shall maintain a reserve for the protection of its Alberta poUcyholders, computed on the basis of the reserve required under the pro- visions of The Insurance Act of Canada for the time being in , force. (2) Every registered foreign insurance company shall deposit with the Treasurer such a percentage of the reserve required by the preceding subsection on all its Alberta policies as the superintendent may direct. ADMINISTRATION OF SECURITIES. 33. The s^urities deposited with the Treasurer shall be subject to administration only in respect of any contract which falls within section 2 of this Act, and which further has for its subject some property in the province, or property in transit to or from the province, or the life, safety, health, fidelity, or insurable interest of some resident of the province, or where the contract itself makes the payment thereunder primarily payable to some resident of the province. 33. Any insurance corporation shall be Uable upon the apph- cation of any creditor or policyholder to have its deposits in the hands of the Treasurer administered in manner hereinafter mentioned upon the failure of the compamy to pay any undis- puted claim arising under any contract within the last preceding 1545 1915 Cap. 8 INSURANCE section for the space of sixty days after being due, or if disputed, after final judgment and tender of a legal valid dischargs, and (in either case) after notice thereof, to the Treasurer. In the event of such administration all deposits of the insurance corpora- tion held by the Treasurer shall be applied pro rata towards the payment of all claims duly authenticated against the insurance corporation, as well as in respect of unearned premiums, such being claims and premiums under the contracts aforesaid; and the distribution of the proceeds of such deposits may be made . by order of a judge of the Supreme Court of the province. 34. In any case where a claim accruing on the occurrence of any event is by the terms of the contract payable on proof of such occurrence without any stipulated delay, the notice required in the last preceding section shall not be given until after the lapse of sixty days from the time when the claim becomes due. 35. Before an application is made to a judge of the Supreme Court of Alberta for the administration of the deposit of an insurance corporation at least ten days' notice of the intended appU cation shall be served on the Treasurer; and the notice shall designate the day named for the hearing of the application. 36. Upon granting an order for administration as aforesaid the court shall appoint a receiver, who may be an officer of the court, who shall forthwith call upon 'the insurance corporation to furnish a statement of all its outstanding contracts, being within the second and thirty-second sections of this Act, and upon all claimants under such contracts to file their claims; and upon the filing of the claims with the receiver the parties interested shall have the right of contestation thereof, and the right of \ appeal from the decision of the receiver to the court as aforesaid, according to the practice of the court; and in case of any such administration the claimants aforesaid shall be entitled to claim for a part of the premiums paid proportionate to the unexpired period of their contracts respectively, and such unearned, pre- miums shall rank, in the distribution of assets, with judgments obtained and claims accrued; and upon the completion of the schedule to be prepared by the receiver of all judgments against the company upon said outstanding contracts, and of all claims for unearned premiums, or for surrender of policies, the court shall cause the securities held by the Treasurer for the insurance corporation, or any part of them, to be sold in such manner and after such notice and formalities as the court appoints; but all the proceeds thereof, after paying expenses incurred, shall be distributed pro rata amongst the claimants according to the schedule, and the balance, if any, shall be surrendered to the insurance corporation; but if any claim, within the second and thirty-second sections of this Act, arises after the statement of the said outstanding contracts has been obtained from the insurance corporation, as hereinbefore provided, and before the final order of the court for the distribution of the proceeds of the securities, the holder of such claim, upon due proof thereof, shall be entitled to share in such distribution. 1546 iNSUEANCE Cap. 8 1915 37. As to any claim arising after the distribution of the pro- ceeds of the securities and as to any balance of claims against the insurance corporation not fully paid and met by such distri- bution, the holders of such claim shall not be barred from any recourse they may have against the insurance corporation. 38. The court, by the order appointing a receiver or by any subsequent order, may authorize the receiver to exercise, in respect of the accounts of the insurance corporation, all or any of the • powers which a judge of the Supreme Court of the province would have if he were taking an account of the claims against the said deposit, and every receiver so authorized shall possess. the said powers, as well as the powers usually enjoyed by a receiver appointed under an order of the said court. SURRENDER OF SECURITIES. 39. Where an insurance corporation has ceased to undertake insurance within the province and has given written notice to that effect to the Treasurer it shall re-insure all such outstanding contracts as are within the second and thirty-second sections of this Act with some registered insurance corporation or cor- porations, and shall pay all loss claims for which it is legally Uable and all unearned premiums in respect of contracts not re-insured, or obtain a discharge thereof, and its securities shall not be delivered to the insurance corporation until the same is done to the satisfaction of the Treasurer. 40. When an insurance corporation has ceased to undertake insurance in the province after the notice hereby required it shall pay the losses arising from policies not re-insured or surrendered as if it had continued to do business in the province, 41. Upon making application for securities the insurance corporation shall file with the Treasurer a Ust of all contracts within the second and thirty-second sections of this Act which have not been re-insured as provided by the fortieth section of this Act or have not been discharged; and it shall at the same time publish in The Alberta Gazette a notice that it has applied to the Treasurer for the release of its securities on a certain day, not less than three months after the date of the notice, and calling upon all claimants, contingent or actual, opposing the release, to file their opposition with the Treasurer on or before the day so named, and after that date, if the Treasiu-er is satisfied that the insurance corporation has ample assets to meet its liabilities under this Act, all the sectirittes may be released to the insurance corporation by an order of the Lieutenant Governor in Council, or a sufficient amount thereof may be retained to cover the claims filed, and the remainder may be released; and thereafter from time to time, as such opposing claims lapse or proof is adduced that they have been satisfied, further releases may be made on the authority aforesaid. ■ CHANGE OF NAME. 43. Where an insurance corporation incorporated imder the provisions of a special or general Act of the legislature is desirous 1547 1915 Cap. 8 msuEANCE of adopting a name differing from that by which it was incor- porated; or where, in the opinion of the Lieutenant Governor in Council, the name by which any such insurance corporation was incorporated may be easily confounded with that of any other existing insurance corporation, the Lieutenant Governor in Council upon being satisfied that a change of name will not work or effect any improper purpose, may by order change the name of such insurance corporation to some other name to be set forth in the order; but no such change of name shall affect the rights or obligations of the insurance corporation; and all pro- ceedings which might Have been commenced or continued by or against it by its former name may be commenced and continued by or against it by its new name. (2) The Lieutenant Governor in Council may require the same notice to be given upon any application for such change of name as is required by The Companies Ordinance. (3) Notice of any change of name shall be forthwith inserted by the insurance corporation in at least one issue of The Alberta Gazette. PLACE OF PAYMENT OF LIFE POLICY. 43. The moneys payable under any policy of life insurance already issued, or that may hereafter be issued by an insurance corporation that has already become or may hereafter become registered under the provisions of this Act, or licensed or regis- tered under any Act for which this Act is substituted, shall, in all cases, be payable in the province, when the assured is or dies domiciled therein, notwithstanding anything contained in any policy or the fact that the head office of the insurance cor- poration is not within the province. BOOKS TO BE KEPT BY INSUBANCE COHPOHATIONS. 44. Every registered insurance corporation, other than a Dominion insurance corporation, shall keep a classification of its contracts and such registers and books of account as may from time to time be directed or authorized by the Treasurer; and if it appears at any time to the Treasurer that such books are not kept in such business-like way as to make at any time a proper showing of the affairs and standing of such insurance corporation he shall thereupon nominate a competent accountant to proceed under his directions to audit such books, and to give such instructions as will enable the ofiicers of such insurance corporation to keep them correctly thereafter, the expense of the accountant to be borne by the insurance corporation to which he is sent, and shall not exceed ten dollars per day and necessary travelling expenses; the account for such audit and instructions shall be certified and approved by the Treasurer and thereupon shall be payable forthwith by the insurance corporation. 45. Where a registered company, other than a Dominion company, has a share or stock capital, such company shall keep a stock register, in which register all the transfers of the stock shall be accurately kept, and it shall at all reasonable times be open to the examination of any shareholder and the Treasurer. The entries in such register shall include the following particulars: 1548 INSURANCE Cap. 8 1915 (a) The registered number of the shares transferred; (6) The amount of subscribed stock transferred; (c) The number of shares subscribed for; (d) The amoimt paid up on said shares; (e) The names and addresses of the transferror and trans- feree; (/) The date of transfer, and date of confirmation or dis- allowance by the board of directors. 46. The books and records required to be kept by section 44 shall include only contracts within the second and thirty- second sections of this Act. 47. Where any advertisement, letterhead, account or other documents issued, published or circulated by a registered com- pany, other than a Dominion company, or any of its officers, agents or employees, purports to state the capital of the company it shall state separately — (a) The authorized capital; (6) The capital actually and bona fide subscribed; (c) The capital actually and bona fide paid up. ANNUAL STATEMENTS. 48. Every registered insurance corporation shall on or before the first day of April in each year furnish to the superintendent a statement showing: 1. The condition and the affairs of the insurance corporation on the thirty-first day of December then next preceding, exhibit- ing the assets, liabilities, receipts and expenditures, in such form and with such items and detail as shall from year to year \be required by the said superintendent and shall cause such state- ment to be deposited in the office of the superintendent, accom- panied by a statutory declaration to the effect shown in the form in schedule B to this Act to be made by the president or vice- president and secretary or treasurer or other qualified officer. 2. The grdss premiums received during the preceding, year by the insurance corporation in respect wholly or in part of or on account of policies issued to or held by persons residing in the province or covering property situate in the province, whether such premiums were so received by such insurance corporation within the province or were received elsewhere in respect of such Alberta business. 3. If a life insurance company, a statement of the value of all its policies in force on the thirty-first day of December then next preceding, certified to by a duly qualified actuary, such valuation to be computed on the basis of the reserve required under the provision of The Insurance Act of Canada; and, once in every five years, or oftener (at the discretion of the Treasurer), the superintendent shall have a valuation made of all said policies then in force by a duly qualified actuary, who shall be appointed by the Treasurer. 4. A statement showing the total liability of the company if a provincial company, in respect of unearned premiums upon all its outstanding unmatured policies, and if not a provincial 1549 1915 Cap. 8 INSUEANCE company, in respect of unearned premiums upon all its out- standing unmatured policies of insurance upon property in Alberta. This subsection shall apply only to registered fire, inland marine and accident insurance companies. (2) In the case of hail insurance companies or of fire insurance companies other than those transacting purely nonhazardous mutual business, a sunmipjy of such statement shall be published by the company in a daily newspaper published in the province, on or before the fifteenth day of April in every year and proof of publication shall be filed with the superintendent, on or before the fifth day of May next following, in default of which the superintendent shall cause such publication to be made at the expense of the company. SUPERINTENDENT OF INSURANCE. 49. The Lieutenant Governor in Council may appoint an officer to be called the superintendent of insurance, who shall act under the instructions of the Treasurer, and his duties shall include examining into and reporting to the Treasurer from time to time upon all matters connected with insurance in this province. (2) Neither the superintendent, nor any officer under him, shall be interested as a shareholder, directly or indirectly, in any insurance company. 50. The salary of the superintendent shall be such sum per annum as the Lieutenant Governor in Council shall from time to time determine; and the Lieutenant Governor in Council may provide from time to time such assistance as may be foimd necessary, and may appoint a deputy of such superintendent. INSPECTION REGISTER. 51. The superintendent shall keep on file the various docu- ments required by this Act to be filed in his office, and shall personally or by deputy visit the head or chief office in Alberta of every registered insurance corporation other than a Dominion insurance corporation at least once in every year, and shall care- fully examine the condition and affairs of each such insurance corporation and report thereon to the Treasurer as to all matters requiring his attention and ■ decision. 52. In order to facilitate the inspection of the books and papers of any such insurance corporation such insurance cor- poration may be required by the superintendent, with the approval of the Lieutenant Governor in Council, to produce the said books and papers at its head or chief office in Alberta, or to such other convenient place as the superintendent may direct. The officer or officers of the insurance corporation who have custody of the books shall be entitled to be paid by the insurance cor- poration for the actual expenses of such attendance. 53. The superintendent shall from such examination prepare and lay before the Treasurer an annual report of the condition of the business of every registered insurance corporation as ascer- tained from such inspection, and such report may be published forthwith after the completion thereof. 1550 iNSTJBANCB Cap. 8 1915 54. It sl^all be the duty of the officers or agents of the insur- ance corporation to cause their books to be open for the examina- tion of the superintendent, and otherwise to facilitate the examination so far as may be in their power; and the superin- tendent or his deputy shall have power to examine under oath any officer or agent of the insurance corporation relative to its business. 55. It shall also be the duty of the officers and agents of the insurance corporation to furnish the superintendent, on his recjuest, with full information as to the total liability of the insurance corporation, if provincial, in respect of unearned premiimis upon all outstanding unmatured policies, and, if fbreign, in respect of unearned premiums upon all its outstanding unmatured policies of insurance upon property in Alberta. 56. A report of all insurance corporations so inspected shall be entered in a book kept for that purpose with notes and memo, randa showing the condition of each such insurance corporation- and where a special examination has been made a special written report shall be communicated to the Treasurer stating the superintendent's opinion of the condition and financial standing of the insurance corporation, and all other matters desira,ble to be made known to the Treasurer. 57. Every director, officer, manager, agent, collector, auditor or employee of an insurance corporation who knowingly makes or assists to make any imtrue entry in any books of any such insurance corporation, or who refuses or neglects to make any proper entry therein, or to exhibit the same or to allow the same to be inspected, and extracts to be taken therefrom, shall be liable on svunmary conviction thereof to a fine not exceeding fifty dollars and costs, and, in default of payment to imprisonment for a term not exceeding six months. 58. If it appears to the superintendent that the assets of any insurance corporation are not sufficient to justify its continuance of business, or that the insurance corporation is unsafe for the public to effect insurance with, he shall make a special report on the affairs of the insurance corporation to the Treasurer to that effect. 59. After full consideration of such report and a reasonable time being given to the insurance corporation to be heard, and if, after such further inquiry and investigation (if any) as he may see proper to make, the Treasurer reports to the Lieutenant Governor in Coxmcil that he agrees with the superintendent in the opinion expressed in his report, then, if the Lieutenant Gover- nor in Council also concurs in such opinion, he may by order suspend or cancel the corporate powers of the insurance corpora- tion, other than a Dominion corporation, in Alberta, and thereafter it shall not be lawful for such insurance corporation to do any further business in the province, until the suspension or prohi- bition is removed by the Lieutenant Governor in Council, and the corporate powers of the insurance corporation in the province restored. 1551 1915 Cap. 8 INSURANCE 60. Notice of the suspension or cancelling of the corporate powers in the province of any insurance corporation shall be published in The Alberta Gazette; and thereafter any person undertaking insurance on behalf of the insurance corporation, except for winding up its affairs pursuant to this or any other Act, shall be liable on summary conviction thereof to a penalty not exceeding $100.00 and costs. 61. Wherever the affairs of any registered insurance corporation other than a Dominion insurance corporation appear to require the same the superintendent, with the approval of the Lieutenant Governor in Council, may, at the expense of the insurance corporation, have abstracts prepared of its books and vouchers and a valuation made of its assets and liabihties; and the certifi- cate of the superintendent approved of by the Treasurer shall be conclusive as to the expenses to be paid by the insurance corporation in respect thereof. 63. The Treasurer's certificate, or approval of an account certified by the superintendent, shall, as to the amount payable by any insurance corporation under the forty-fourth and sixty- first sections of this Act be held to be conclusive. IMPAIRMENT OF CAPITAL AND PAYMENT OF DIVIDENDS. 63. Every registered fire or inland marine insurance company, other than a Dominion company, shall at all times maintain assets in the province at least equal in value to the total of the unearned premiums upon all outstanding unmatured policies upon property in the province, calculated pro rata for the times imexpired, together with the amount of matured claims for losses in the province, and all its other liabilities of every kind in the province. 64. No dividend shall be paid by any such company while its paid up capital is impaired or while its assets are less than the amount required by the next preceding section, nor shall any dividend be paid which would reduce its assets below the said amount or impair its capital. 65. If it appears to the superintendent at any time that the assets of any such company fall below the requirements of section 63 he shall report the fact to the Treasurer, and state whether or not the company appears to him to have paid any dividend in contravention of the last preceding section, and the Treasurer, after a full consideration of the matter and after giving the company a reasonable opportunity to be heard, may either recommend to the Lieutenant Governor in Council, the cancellation by him of the corporate powers of the company in the province, who may if he concurs in such recommendation order the can- cellation of the same, or the Treasurer may, upon such terms and conditions as he may deem proper, limit a time within which such company shall make good the deficiency, and upon the company's failure to make good such deficiency within the time so limited, such corporate powers in the province shall be can- celled by the Lieutenant Governor in Council upon the report of the Treasurer recommending the same. 1552 iNSUEANCB Cap. 8 1915 66. If a^ any time it be found that the assets of any such company are less than the amount required by section 63, by an amount equal to twenty per cent, or more of the total amount of the said unearned premiums, calculated as aforesaid, or that the company has paid any dividends in contravention of section 64, it shall be the duty of the Treasurer to report the same to the Lieutenant Governor in Council, whereupon the company's corporate powers in the province shall be cancelled by order of the Lieutenant Governor in Council. FIRE INSURANCE. 67. Every registered fire insurance company may insure or re-insure any property in which the assured has an insurable interest against damage or loss by fire, hghtning or explosion, whether the same happens by accident or from any other cause, except that of design on the part of the assured. (2) A registered fire insurance company insuring any mer- cantile or manufactming risk, may either by the same or by a separate contract insure the same risk against loss or damage arising from defects in or injuries from sprinklers or other fire extinguishing apphances. 68. Fire insurance contracts shall not exceed the term of three years; and the insurance of mercantile and manufacturing risks shall, if on the cash plan, be for a term not exceeding one year, but any policy may be renewed by the delivery of a renewal receipt or a new premium note. 69. On the face of a policy of fire insurance there shall appear the name of the insurer, the name of the assured, the name of the person or persons to whom the insurance money is payable, the" premium or other consideration for the insurance, the subject matter of the insurance, the maximum amount or amounts which the insurer contracts to pay, the event on the happening of which payment is to be made and the term of the insurance. (2) On every contract of insurance issued by a registered fire insurance company there shall be printed, stamped, or written the words "Issued on application submitted by (with name of agent filled in), authorized resident agent at (with name of place filled in) " but if the contract is countersigned or is to be coimter- signed before delivery by an authorized resident agent, the provisions of this subsection shall not apply. (3) A policy may contain a co-insurance clause, but any such policy shall have printed or stamped across its face in large type and in red ink the words "This policy contains a co-insurance clause", and if these words are not so printed or stamped such clause shall not be binding on the assured. (4) Any stipulation or term of the contract, other than these above stated, if held to be not just and reasonable by a court or a judge before whom a question relating thereto is tried, shall not be binding on the assured. (5) The conditions set forth in schedule C to this Act shall, as against the insurer, be deemed to be part of every contract in force in the province with respect to any property therein or in transit therefrom or thereto, and shall be printed on every 1553 1916 Cap. 8 mSTJHANCE policy with the heading "Statutory Conditions", and no stipu- lation to the contrary, or providing for any variation, addition or omission shall be binding on the assured imless evidenced in the manner prescribed by sections 70 and 71. (6) The said conditions shall be deemed to have been in force from the first day of JanuJMy, 1915, but the provisions of this Act as to printing the same on the policies shall not be imperative until on and after the first day of January, 1916. 70. If the insurer desires to vary the statutory conditions or to omit any of them, or to add any new condition, there shall be added inunediately after such conditions words to the follow- ing effect, which with any such variation, addition or reference to omissions, shall be printed in conspicuous type and in red ink: VARIATIONS IN CONDITIONS. "This policy is issued on the above statutory conditions, with the following variations, omissions and ad(fitions, which are, by virtue of The Alberta Insurance Act, in force so far only as they shall be held- to be just and reasonable to be exacted by the company." 71. No such variation, omission or addition, unless the same is distinctly indicated , and set forth in the manner above pre- scribed, shall be binding on the assured; but on the contrary, the policy shall, as against the insurer, be subject to the statutory conditions only. 73. Any such variation, omission or addition, imless held to be just and reasonable, shall be null and void. 73. It shall be optional with the insurer to pay or allow claims, wholly or in part, which are void under any statutory condition. 74. Where the loss, if any, under any policy has with the con- sent of the company been made payable to some person or persons other than the assured as mortgagee or mortgagees said policy shall not be cancelled by the company upon the application of the assured nor in any case without reasonable notice to the said mortgagee or mortgagees. 75. Where, by reason of necessity, accident or mistake, any condition of a contract of insurance on property in the province as to the proof to be given to the insurer after the occurrence of the event insured against, has not been strictly compHed with, or where after statement or proof of loss has been given in good faith by or on behalf of the assured, in pursuance of any condition of such contract of insurance, the insurer, through its agent or otherwise, objects to the loss upon other grounds than for imperfect compliance with such conditions or does not within a reasonable time after receiving such statement or proof notify the assured in writing that it is objected to, stating the particulars in which the same is alleged to be defective, and so from time to time, or where, for any other reason, it is held to be inequitable that the insurance should be deemed void or 1554 INSURANCE Cap. 8 1915 forfeited by reason of imperfect compliance with such condition, no objection to the sufficiency of such statement or proof or amended or supplemental statement or proof, as the case may be, shall be allowed as a defence by the insurer or a discharge of his ability on such contract of insurance wherever entered into. 76. After any loss or damage to insured property the insurer by a duly accredited agent, shall have an immecfiate right of entry and access sufficient to enable him to survey and ejcamine the property, and to make an estimate of the loss or damage, but the insurer shall not be entitled to the disposition, control, occupation or possession of the injured property, or of the remains or salvage thereof, unless the insurer undertakes re-instatement, or accepts abandonment of the property. (2) After any loss or damage to insured property, it shall be the duty of the assured when, and as soon as it is practicable, to secure the insured property from damage, or from further damage, and to separate as far as reasonably may be, the damaged from the undamaged property, and to notify the insurer when such separation has been made, and thereupon the insurer shall be entitled to entry and access sufficient to enable him to make an appraisement or particular estimate of the loss or damage. (3) The insurer and the assured, instead of proceeding by arbitration under statutory condition 22, may at any time after the loss or damage make a joint survey, examination, estimate or appraisement of the loss or damage, in which case the insurer shall be deemed to have waived all right to make a separate survey, examination, estimate or appraisement thereof. 77. Where proofs of loss are made by any person other than the assured, the insurer shall be entitled to have the assured examined under oath touching the loss or damage before the District Court Judge of the judicial district in which the assured resides, and the procedure shall be the same as that upon an examination for discovery in an action. EXAMINATION OP COMPANY'S AFFAIRS. RECEIVER. 78. The Lieutenant Governor in Council may, when he deems it expedient, direct an inquiry to be made by a commissioner or commissioners into the affairs of any insurance corporation, under the provisions of An Ad respecting Inquiries Concerning Public Matters, being chapter 2 of the Statutes of 1908, insurance and the undertaking thereof being hereby declared to be "public business" within the meaning of the said Act. 79. After receiving the report the Attorney General may be authorized by the Lieutenant Governor in Council to take such action aj may be taken by a contributory under The Com- panies Winding Up Ordinance. LIQUIDATION AND WINDING UP. 80. The corponate powers of any provincial insurance cor- poration, whether incorporated under a special or general Act of the Legislature, shall be forfeited by nonuser during any 1555 1915 Cap. 8 " INSUEANCE continuous period of four years, ending after the coming into force of this Act, whether commencing before or after such coming into force, or if, after an insurance corporation has undertaken contracts within the intent of this Act, such insurance corporation discontinues business for one year, or if it ceases to be a registered insurance corporation, or if its corporate powers in Alberta are otherwise cancelled, the said corporate powers shall be for- feited, except for the sole purpose of winding up its affairs; and a judge of the Supreme Court of Alberta, upon the petition of the Attorney General or of any person interested, may, by judgment or order, limit the time within which the insurance corporation shall settle and close its accounts, and may for this, specific purpose direct it to be woimd up under The Companies Winding Up Ordinance. 81. When an insurance coiporation proposes to go into volim- tary liquidation, under the provisions of The Companies Winding Up Ordinance, at least one month's notice in advance shall be given to the Treasurer; the like notice shall also be published by the insurance corporation in two consecutive issues of The Alberta Gazette, and in some newspaper should the Treasurer so require; and the notice shall state the date at which contracts shall cease to be taken by the insurance corporation, also the name and address of its liquidator, or its intention to apply on a stated date for the appointment of a liquidator. 83. The Treasurer may, at any time before a permanent liquidator is appointed, appoint a provisional liquidator, who shall forthwith take charge of the affairs of the insurance cor- poration and shall act until a permanent liquidator is appointed, 83. The remimeration to be paid to any liquidator appointed under the provisions of the preceding section shall be fixed by the Treasurer, and such remuneration and all expenses and outlay in connection with such appointment, together with all expenses and outlay of the provisional liquidator while he acts in such capacity, shall be borne and paid by the insurance cor- poration; and all such remuneration, expenses and outlay shall form a first lien or charge upon the assets of the insurance cor- poration, and the Treasurer may pay the same out of the securities deposited with him by the insurance corporation. 84. At the winding up of a mutual or cash-mutual fire insur- ance company, after notice has been given as required by section 81 of this Act, it shall be lawful for the directors of such company to re-insure out of the reserve fund the unexpired contracts for which premiums or premitma notes have been taken, but such re-insurance shall be effected with some registered company. 85. When any insurance corporation is wound up, each person contracted with on the cash plan shall be entitled to a refund from the insurance corporation of the unearned proportion of the cash premium calculated from the date at which the insurance corporation according to the notice as provided for by this Act, ceased to undertake contracts; but this shall not destroy or defeat any other remedy such person may have against the insurance corporation in respect thereof or for any other cause. 1556 INSURANCE • .Cap. 8 1915 86. Every assignee or liquidator of an insurance corporation shall, until the affairs of the insurance corporation are wound up and the accounts are finally closed, within seven days after the close of each month, file with the court or other authority appointing him, and also with the Treasurer, detailed schedules showing in such forms as may be required receipts and expendi- tures, and also assets and liabilities, and he shall, whenever, by the authority appointing him or Ijy the Treasurer, required so to do, exhibit the office books and vouchers, and furnish such other information respecting the affairs of the insurance cor- poration as may be required; and any assignee or liquidator refusing or neglecting to furnish such information shall, for each offence, be subject to a penalty of not less than fifty dollars nor more than two himdred dollars, to be recovered with costs on behalf of His Majesty for the use of the province; and he shall in addition render himself liable to be dismissed or removed. mStJRANCE IN UNBEGISTERED COMPANIES. 87. Save as hereinafter provided, no person shall insure or cause to be insured any property whatever, real or personal, situate in, or described in any policy, interim receipt, or insuring document as situate in any part of the province against fire loss in any provincial or foreign company which is not registered under this Act. 88. Any person may insure any property situate in the province, in which he has an insurable interest, with any foreign company, which is not registered under this Act, and any person may also insure with persons who iKciprocally insure for protection only and not for profit; and any property insured imder this section may be inspected and any loss incurred in respect thereof adjusted, provided: 1. That such insurance is effected outside of Canada without any solicitation whatsoever directly or indirectly on the part of such company or persons, and that such company or persons, as the case may be, do not undertake insurance within the province; 2. That any person (or any officer, agent or employee of any such person, having any actual knowledge of the facts) procuring any insurance against fire on any property, real or personal in the province, or described in any policy, interim receipt, or insuring document as situate in any part of the province in any such company or with any such persons, shall forthwith, and not later than one month from the effecting of any such insurance, or of the receipt of any such policy, interim receipt, or insuring document issued by or on behalf of such company or persons, whichever shall be first in point of time, notify the superintendent of insurance in writing under oath of the terms of such insurance, the company with which such insurance is placed, and the amount of premium paid or payable, or premium notes given or to be given, or mutual liability assumed in connection therewith, and shall, at the same time, pay to the Treasurer for the benefit of the province a sum equal to fifty per centum of the premium paid or payable, or premium note given or to be given, or mutual liability assumed in connection with such insurance.- 1557 1915 Cap. 8 INSURANCE 89. It shall be competent for the Treasurer, or the Lieutenant Governor m Council, on application made by or on behalf of any person, to permit contracts of insurance to be made or entered into without the province with a foreign company not registered under this Act, under such regulations and restrictions as may be deemed necessary and expedient. PENALTIES AND PBOSBCUTIONS. 90. Any person or any insurance corporation violating any of the provisions of this Act or of any rules or regulations made thereunder or omitting or refusing or neglecting to fulfil, perform, observe or carry out any duty or obligation created or imposed by this Act or any rules or regulations. made thereunder shall, unless a special penalty is otherwise provided by this Act, be liable upon summary conviction to a penalty of not less than $20.00 and costs and not more than $200.00 and costs for every such offence, and in default of payment thereof forthwith to imprisonment for a term not exceeding three months. 91. In any prosecution under this Act the burden of proof shall be upon the accused. FUETHEB DEPOSIT BT FOKEIGN MUTUAL HAIL COMPANIES. 93. Every foreign mutual hail insurance company shall, in addition to the deposit required by sections 20 and 21 of this Act, on or before the first day of March in each and every year until the sum of fifteen thousand dollars, exclusive of any deposit under the provisions of sections 20 and 21, is deposited as herein provided, deposit with the Treasurer either in cash, or in any stock debentures or other securities approved by the Treasurer, an amoimt equal to two per centum of the total gross premiums or premium notes paid or payable or assessments made in respect of all insurance imdertaken within the province, during the preceding calendar year. (2) The provisions of this Act as to proof of ownership, payment of interest, administration and release of securities shall, mviatis mutandis, apply to securities deposited under the provisions of this section. (3) Every such company may, for the purpose of complying with the provisions of this section, make any such special assess- ment or assessments upon its members within the proArince as may be necessary therefor. (4) Any such company undertaking insurance within the province during the year 1915 shall make the deposit required by this section on or before the 15th day of May, 1915. (5) Any such company, refusing, omitting or neglecting to make the deposit required by this section within the time or times so limited, shall be liable to a penalty of not less than $100.00 per day to be paid to the Treasurer for the use of the province for each and every day during which such refusal, omission or neglect continues, and in addition thereto to have its corporate powers within the province suspended or cancelled by the Lieu- tenant .Governor in Council. 1558 INSURANCE Cap. 8 1915 MISCELLANEOUS. 93. All moneys payable or becoming payable to the Treasurer, under this Act, or under The Alberta Insurance Act heretofore in force, shall be a debt due to the Treasurer, and shall be recover- able by him by action in any court of competent jurisdiction. 94. Every agent of any registered company who receives or collects any premium moneys as such agent shall be responsible in a trust or fiduciary capacity to such company and such pre- mium moneys shall not be retained when paid to him by the assured oyer and beyond the term stipulated in his agency contract or agreement. 95. All fees paid by any insurance corporation under The Alberta Insurance Act and amendments heretofore in force shall be deemed to have been taxes paid as if this Act had been in force at the time of the several payments thereof. 96. The corporate powers in the province of any insurance corporation when suspended or cancelled under this Act for any cause may, imless otherwise expressed in this Act, be restored by order of the Lieutenant Governor in Council. 97. For the purposes of his duties imder this Act, or under any other Act relating to insurance, the superintendent may require to be made, and may take and receive affidavits, statutory declarations and depositions, and may examine witnesses upon oath; and he shall have the same power to summon officers of corporations, receivers and liquidators, and other persons to attend as witnesses to enforce their attendance, and to compel them to produce books, documents and things, and to give evidence as any court has in civil cases. 98. No company incorporated elsewhere than in Canada shall have corporate powers in the province conferred upon it under the provisions of section 6 of this Act, imless it shows to the satisfaction of the Treasurer that it has carried on successfully for a period of at least five years the class or classes of insurance • which it proposes to undertake. 99. Where a contract of insurance other than one of life insurance has been delivered it shall be as binding on the insurer as if the premium had been paid, although it has not in fact been paid, and although delivered by an officer or agent of the insurer, who had not authority to deliver it. (2) This section shall have effect notwithstanding any agree- ment, condition or stipulation to the contrary. (3) Where the premium is paid by a cheque or a promissory note and the cheque is not paid on presentation or the promissory note at maturity the contract shall at the option of the insurer be void. 100. The fact that any insurance corporation is in arrears in payment of any tax or fee imposed upon it by this Act may be pleaded to any action brought by it and if established shall be an effectual bar to such action until such arrears are paid- or extinguished. 1559 1915 Cap. 8 ■• INSUBANCE (2) No registrar of land titles for any land registration district within the province shall register any instrument made by or in favour of, or purporting to confer any interest in land, whether by way of caveat or otherwise, upon any insurance corporation until he is satisfied that such insurance corporation is not in arrear for any tax or fee imposed thereon by this Act. 101. For the purpose of carrying out the provisions of this Act according to their true intent and supplying any deficiency therein the Lieutenant Governor in Council may make rules and regulations not inconsistent with the spirit of this Act, including the fixing of a scale of fees for departmental services, which shall have the same force and effect as if incorporated herein. 103. The Alberta Insurance Act, being chapter 16 of the Statutes of 1913, is hereby repealed but all actions and proceedings already instituted under the said Act may be completed under the pto- visions thereof. 1560 INSURANCE SCHEDULES. Cap. 8 1915 SCHEDTTLB A. {Section 7.) Net Level Phemium toe Aix-Life Insurance of $1,000 Age at Entry Yeaxly Half-yearly Quarterly Monthly in advance in advance in adva|ace in advance 18 $ 9.86 $ 5.00 S 2.61 $ .84 19 10.20 5.18 2.60 .87 20 10.65 5.36 2.69 .90 21 10.91 5.53 2.78 .93 22 11.28 5.71 2.87 .96 23 11.66 5.89 2.96 .99 24 12.03 6.07 3.05 1.02 25 12.42 6.25 3.14 1.06 26 12.76 6.43 3.23 1.08 27 13.12 6.60 3.32 1.11 28 13.49 6.78 3.41 1.14 29 13.87 7.02 3.63 1.18 30 14.31 7.20 3.62 1.21 31 14.76 7.44' 3.74 1.25 32 15.22 7.68 3.86 1.29 33 15.73 7.91 3.98 1.33 34 16.25 8.21 4.13 1.38 '35 16.82 8.61 4.28 1.43 36 17.42 8.81 4.43 1.48 37 18.05 9.10 4.67 1.53 38 18.71 9.46 4.76 1.59 39 19.42 9.82 4.93 1.65 40 20.18 10.17 6.11 1.71 41 20.97 10.59 5.32 1.78 42 21.81 11.01 6.63 1.85 43 22.70 11.48 6.77 1.93 44 23.65 11.96 6.01 2.01 45 24.66 12.44 6.25 2.09 46 25.72 12.97 6.52 2.18 47 27.31 13.80 6.94 2.32 48 28.10 14.16 7.12 2.38 49 29.36 14.82 7.45 2.49 50 30.72 15.53 7.80 2.61 51 32.17 16.24 8.16 2.73 52 33.71 17.02 8.66 2.86 53 35.34 17.85 8.97 3.00 54 37.07 18.74 9.42 3.16 55 38.94 19.64 9.87 3.30 Schedule B. {Section 48.) STATDTOHY DECLARATION. In the matter of The Alberta Insurance Ad-, and in the matter of the annual statement of an insurance corporation. We, , of the of , in the of and of in the of , do solemnly dedare: 1. That I, the said , am the. of , the above named insuraiice corporation; 1561 1915 Cap. 8 INSURANCE 2. That I, the said , am the of , the above named insurance corporation; 3. That each of us has the means of verifying the correctness of the state- ment within contained (or hereunto annexed) of the affairs of the said insur- ance corporation, and that on the day of last all the above described assets were the absolute property of the said insurance corporation, free and dear of any and every Uen or claim thereon, except as above stated, and that the said statement and the schedules and explanations hereunto annexed and by us subscribed are a full and correct exhibit of all the liabilities and of the income and expenditure and of the general condition and affairs of the said , insurance corporation on the said day of last and for the year ending on that date. And we severally make this solemn declaration, conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Ad. Seveeallt Declabed before me at , in the of this day of , A.D. 19 A Commissioner, Notary Public, etc. Schedule C. Statdtoky Conditions. 1. If any person insures property and causes the same to be described otherwise than as it really is to the prejudice of the company, or misrepre- sents or omits to communicate any circumstance which is material to be made known to the company, in order to enable it to judge of the risk it undertakes, such insurance shall be of no force in fespect to the property in regard to which the misrepresentation or. omission is made. 2. Any change, material to the risk, and within the control or knowledge of the assured, shaU avoid the i>olicy as to the part affected thereby, unless the change is promptly notified in writing to the company or its local agent; and the company when so notified may return the unearned portion, if any, of the premium which has been paid for the unexpired period and cancel the policy, or may demand in writing, by registered letter addressed to the assured at his last post office address notified to the company, and where no address notified then to the post office of the agency from which the application was received, an additional premium, which the assured shall, if he desires the continuance of the policy, within fifteen days pay to the company, and if he neglects to make such payment within fifteen days after receiving such demand the policy shall be no longer in force. 3. If the assured now has any other insurance on any property covered by this policy which is not disclosed to the company or hereafter effects any other insurance thereon without the written assent of the company, he shaU not be entitled to recover in excess of sixty per cent, of the loss or damage ia respect of such property; but if for any fraudulent purpose the assured does not disclose such other insittance to the company this policy shall be void. (a) If within two weeks after written notice of such other insurance or of any intended insurance, or after that time and before such other insurance is effected, the company does not dissent by notice in writing to the assured, it shall be deemed to have assented thereto. 4. In the event of there being any other insurance on the property herein described at the time of the happening of any loss or damage in respect thereof, then this company shall be liable only for the payment of a rateable propor- tion of such loss or damage or of such amoimt as the assured shall be entitled to recover as provided by condition No. 3. 5. After application for insurance, if the same is in writing signed by the assured, it shall be deemed that any policy sent or delivered to the assured is intended to be in accordance with the terms of the application, unless the company points out in writing, the particulars wherein the policy differs from the application. If the policy has been issued on verbal application or instructions of the assured it shall be deemed to be in accordance with such application or instructions, unless the assured points out to the com- pany in writing the particulars wherein the policy differs from such applica- tion or instructions. 1562 iNstJEANCE Cap. 8 1915 6. No condition of the policy, either in whole or in part, shall be deemed to have been waived by the company, unless the waiver is clearly expressed in writing, signed by an agent of the company. 7. Any oflScer or agent of the company who assumes on behalf of the company to enter into any written agreement relating to any matter con- nected with the insurance shall be deemed lyrima fade to be the agent of the company for the purpose. ■8. Any written notice to the assured may be by letter delivered to the assured or by registered letter addressed to hun at hSs last post office address notified to the company or where no address is notified and the address, is not known, addressed to him at the post office of the agency, if any, from which the application was received. 9. Any written notice to the company may be delivered at the head office or chief agency of the company in the province in which the property is situate, or sent by registered post addressed to the company, its manager or agent, at such head office or chief agency or may be delivered or sent by registered post to an authorized agent of the company. 10. The insurance may be terminated by the company by giving to the assured fifteen days' notice in writing or five days' personal notice to that effect, and if on the cash plan by tendering therewith a rateable proportion of the premiimi paid, for the unexpired term, calculated from the terminal tion of the notice, and the pohcy shall cease after such notice or notice and tender, as the case may be, and the expiration of the fifteen days or five days, as the case may be. 11. The insurance^ if on the cash plan, may also be terminated by the assured by giving written notice to that effect to the company or its authorized agent, in which case the company may retain the customary short rate for the time the iosuranoe has been in force, and shall repay to the assured the balance of the premium paid. 12. If the property insured is assigned without a written permission endorsed hereon by an agent of the company duly authorized for such pur- pose, the policy shall thereby become void; but this condition does not apply to change of title by succession or by operation of the law, or byreajaon of death. 13. Money, books of account, securities for money, and evidences of debt or title, are not insured. 14. The company is not liable for the losses following, that is to say: (o) For the loss of property owned by any other person than the assured, unless the interest of the assured is stated in or ijpon the policy; nor for loss beyond the actual value destroyed by fire nor for loss occasioned by Ordinance or law regulating construction or repair of buildings^ (6) For loss caused by invasion, insurrection, riot, civil commotion, military or usurped powerj (c) Where the msurance is upon buildings or their contents for loss caused by the want of good and substantial brick or stone or cement chimneys; or by ashes or embers being deposited, with the knowledge and consent of the assured, in wooden vessels; or by stoves or stovepipes being, to the knowledge of the assured, in an unsafe condition or improperly secured; id) For loss or damage, to goods destroyed or damaged while undergoing any process in or by which the application of fire heat is necessary; (e) For loss or damage occurring to buildings or to their contents while the buildings are being altered or repaired by carpenters, joiners, plasterers, or other workmen, and in consequence thereof, unleps permission to execute such repSirs or alterations has been previously granted in writing, signed by a duly authorized agent of the company, but fifteen days are allowed in each year for incidental alterations or repairs without such permission; (/) For loss or damage occurring while petroleum, rock, earth or coal oil, camphene, gasohne, burning fluid, benzine, naphtha or any liquid products thereof, or any of their constituent parts (refined coal oil for lighting pur- poses only, not exceeding five gallons in quantity, or lubricating ou not belag crude petroleum nor oil of less specific gravity than required by law for illuminating purposes, not exceeding five gallons in quantity, excepted) or more than twenty-five pounds weight of gunpowder is or are stored, kept or used by the assured or to his knowledge by any other person under his control, in the building insured or containing the property insured unless permission is given in writing by the company. In the case of gasoline not more than a quart shall be stored, kept, or used upon the premises without a permit; is) Where the building insured or containing the property insured be, or becomes vacant and unoccupied for a^period of thirty days to the know- ledge of the assured without the consent of the company in writing. 1563 1915 Cap. 8 INSURANCE 15. The company shall make good loss or damage caused by the explosion of coal or natural gas in a building not forming part of gas works, and loss or damage by fire caused by any other explosion or loss or damage caused by lightning, whether fire ensues therefrom or not, but if dynamos, exciters, lamps, switches, motors, or other electrical appliances or devices are insiired any loss or damage to them caused by lightning or other electrical currents, artificial or natural, is expressly excluded and the company is liable only for such loss or damage to them as may occur from resultant fire originating outside the machines themselves. 16. Where property insured is only partially damaged, no abandonment of the same will be allowed unless by the consent of the company or its agent; and in case of removal of property to prevent damage thereto, the company will contribute to the loss and expenses attending such act of salvage proportionately to the respective interest of the company or companies and the assiured; and that part of this poUcy in excess of its ;proportion of any loss and of the value of the property remaining in the original location, shall for the ensuing seven days only or for the unexpired term of the policy if less than seven days, cover the property so removed in the new location or locations in the proportion that the value in any one such new location bears to the value in all such new locations. 17. The company instead of making payment, may repair, rebuild or replace, within a reasonable time, the property damaged or lost, giving notice of their intention within fifteen days after receipt of the proofs herein required. 18. Subject to condition 19 proof of loss must be made by the assured, although the loss is payable to a third person. 19. Proofs of loss may be made by the agent of the assured, in case of the absence or inabihty of the assured himself to make the same, such absence or inability being satisfactorily accounted for, or in the like case or if the assured refuses to do so by a person to whom any part of the insurance money is payable. 20. Any person entitled to make a claim under this policy shall: (a) Forthwith after loss give notice in writing to the company; (6) Deliver, as soon after as practicable, as particular an account of the loss as the nature of the case permits; (c) Furnish therewith a statutory declaration declaring: That the account is just and true; when and how the loss occurred, and if caused by fire how the fire originated, so far as the declarant knows or believes; that the loss did not occur, or if caused by fire, that the fire was not caused through any wilful act or neglect or the procurement, means or contrivance of the assured; the amount of other insurances,, and names of other insuring companies; all liens and encumbrances on the subject of insurance; the place where the property insured, if movable, was deposited at the time of the fire; (d) If required and if practicable, produce books of account, warehouse receipts and stock lists, and furnish invoices and other vouchers, verified by a statutory declaration in support of his claim, and furnish copies of the written portion of all policies, separate as far as reasonably may be the damaged from the undamaged property and exhibit for examination all that remains of the property which was covered by the policy. The evidence furnished under this clause shall not be considered proofs of loss within the meaning of condition 23. 21. Any fraud or false statement in any statutory declaration in relation to any of the above particulars shall vitiate the claim of the person making the declaration. 22. If any difference arises as to the value of tjte property insured, the property saved, or the amount of the loss, such value and amount and the proportion thereof (if any) to be paid by the company shall, whether the right to recover on the poUcy is disputed or not, and independently of all other questions, be submitted to the arbitration of some person to be chosen by both parties, or if they cajinot agree on one person, then to two persons, one to be chosen by the party assured and the other by the company, and a third to be appointed by the persons so chosen, or in their faiUng to agree, then by a judge of the district court of the district in which the loss has hap- pened; and such reference shall be subject to the provisions of The Arbitration Act; and the award shall, if the company is in other respects liable, be con- clusive as to the amount of the loss and the proportion to be paid by the company; where the full amount of the claim is awaxded the costs shall follow the event; and in other cases all questions of costs shall be in the discretion of the arbitrators. 1564 rNSUKANCE Cap. 8 1915 23; The loss shall be payable in sixty days after the completion of the proofs of loss, unless a shorter period is provided for by the contract of insurance. 24. Eveiy action or proceeding against the company for the recovery of any claim imder or by virtue of this policy, shall be absolutely barred, unless commenced within one year next after the loss or damage occurs. 1915 CHAPTER 9. An Act to amend Chapter 26 of the Statutes of Alberta, 1914, being "An Act for Raising Money on the Credit of the General Revenue of Alberta." {Consolidated in 1914, c. 25.) 1915 CHAPTER 10. An Act to amend The School Ordinance, The School Assessment Ordinance, The School Grants Act, and The Truancy Act. (Consolidated in various Acts and Ordinances.) 1565 1915 CHAPTER 11. An Act to provide for the Inspection of Stock. (Assented to April 17, 1915.) OIS MAJESTY, by and with the advice and consent of the •*■•■■ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Stock Inspection Act." INTERPRETATION . 3. In this Act, imless the context otherwise requires — 1. The expression "brand" means any letter, sign, character or numeral recorded as allotted to any owner and the permanent impression of any letter, sign, character or numeral placed upon stock under the provisions of chapter 24 of the Statutes of Alberta of 1913 (2nd Session); 2. The expression "brand reader" means any person appointed by the Minister to give an accurate description of an estray; 3. The expression "Minister" means the Minister of Agricul- ture; 4. The expression "department" means the Department of Agriculture; 5. The expression "special inspector of stock" means a person appointed by the Minister who, in addition to the duties of an inspector of stock as provided herein, has special duties to perform under rules and regulations passed from time to time by the Lieutenant Governor in Council, and includes special deputy inspector; 6. The expression "inspector of stock" means any person appointed as such by the Minister; 7. The expression "stock" includes any horse, mare, gelding, colt or filly, ass or mule and any bull, cow, ox, heifer, steer or calf; 8. The expression "cattle" means any bull, cow, ox, heifer, steer or calf. SPECIAL INSPECTOR AND SPECIAL DEPUTY INSPECTOR. 3. Where the number of animals shipped to or from any point, or slaughtered thereat, is sufficient in the opinion of the Minister to require special inspection, he shall appoint a' special inspector of stock for such point who shall, in addition to the ordinary duties of an inspector of stock, inspect the stock on the premises of any slaughter house or abattoir or in any place where live stock is being held for feed, rest or sale and the remuneration of such special inspector of stock shall be fixed by the Minister. 1566 STOCK INSPECTION Cap. 11 1915 (2) It shall be the duty of all shippers of stock to furnish the special inspector of stock with memoranda of sale similar to those required under section 8 hereof for shipment of stock to a pomt outside the province and it shall be the duty of the special inspector of stock to procure such memoranda and to forward same to the Minister on the first day of each month. (3) Where a special inspector of stock finds that any animal has been unlawfully shipped or is being unlawfully held, he shall detain such animal and offer same for sale by auction or other- wise at a reserve price of the average amount paid for such stock' according to class and age at the point of shipment or place where such animal is held. No special inspector of stock shall purchase in person or by his agent, directly or indirectly, any stock detailed or offered for sale by him, nor shall he acquire any interest of any kind in any such stock. (4) The special inspector of stock detaining and selling or .collecting the price of any animal shall immediately forward the net amount of sale or amount so collected to the department, together with a return, giving an accurate description of each animal so detained, any brand or brands it bears, and name and address of the shipper or person holding, the point of ship- ment or place where held and date of such shipment or holding and, if sold, the name and address of the purchaser. (5) Upon the receipt of the said money and return the depart- ment shall forward the money to the owner, if known, and in case the owner cannot be found a description of the animal and full particulars regarding same shall be published in two consecutive issues of The Alberta Gazette, and the money paid over upon satisfactory proof of ownership being made to the department within twelve months from the date of the sale, otherwise such money shall form part of the general revenue fund. 4. A special inspector of stock may (with the consent of the Minister) by writing under his hand appoint one or more persons to be special deputy inspectors of stock, and the production of a writing purporting to be the appointment of a special deputy inspector shall be prima facie evidence of such appointment. Said special deputy inspectors shall receive such remuneration as may be fixed by the Minister. 5. Special inspectors and special deputy inspectors of stock shall for the purposes of this Act have the powers of constables and of brand readers. INSPECTION BEFORE SHIPMENT. 6. The Minister may from time to time appoint such, persons as he may think fit to be inspectors of stock and, for the purposes of this Act, such inspectors of stock shall have all the powers of brand readers as provided in The Stray Animals Ordinance. 7. No person shall place any stock consigned to a point outside of the province in a railway car unless such stock has first been inspected by an inspector of stock and such inspector has issued 1567 1915 Cap. 11 STOCK INSPECTION a certificate in or to the effect of form A in the schedule hereto, nor shall any person who has billed any stock to a point within the province re-bill such stock to a point outside of the province without a certificate by an inspector of stock. The inspector of stock shall be entitled to a fee of five cents per head, with a minimum fee of twenty-five cents, for such certificate: Provided, however, that the provisions of this section shall not apply to the shipment of stock registered in the records maintained, or approved of by the National Records at Ottawa, and the presentation of the pedigree certificate to the station agent shall be sufficient authority to ship such stock. 8. No certificate shall be issued by any inspector of stock unless the shipper of such stock produces to him a memorandum of sale signed by the person who, from the brand or brands on such stock, appears to be the owner thereof or unless such person or his agent verbally consents to the granting of the certificate by the inspector. (2) The provisions of this section shall not apply to any shipper of stock branded with the recorded brand of such shipper but such shipper shall, before receiving the said certificate, deliver to the inspector a memorandum signed by him or his agent, setting forth the age, sex and brands of each animal. (3) In the case of unbranded stock the shipper shall sign and deliver to the inspector a memorandum setting forth the age, sex and description of each animal and stating from whom each animal was originally acquired by him or his agent. THE INSPECTION OF ANIMALS SOLD AT PUBLIC ATJCTION OE PRIVATE SALE. 9. No vendor of any stock, no owner or lessee of any premises where a sale takes place and no auctioneer conducting a sale shall in the case of — (a) Stock sold at public auction at any sale yard, sale, exchange or other stable where stock is kept for sale or exchange; (&) Stock sold at private sale at any sale yard, sale, exchange or other stable where stock is kept for sale or exchange; (c) Stock sold at a farm or other auction or private sale not included in subsections (a) and (6) hereof where stock is offered for sale that has not been on the pre- mises for at least thirty days, accept settlement for nor deliver possession of, nor allow such stock to be removed from the premises where the sale takes place until an inspector of stock or a brand reader gives to the purchaser a duly signed certificate of such stock, containing a description of each animal, its brands, age, sex, colour and markings, and the vendor shall pay for such certificate the sum of ten cents per head for each animal sold. No inspector of stock or brand reader shall issue such certificate without first securing the memorandum hereinafter referred to and without first person- ally inspecting the stock and for failure to do so and for gross carelessness or fraud in preparing the description in any certifi- cate he shall be Uable to the penalty hereinafter provided. 1568 STOCK INSPECTION Cap. 11 1915 (2) It shall be the duty of the auctioneer at any auction sale coming under the provisions of this section to cause a list of the stock to be sold at such sale, containing a description of each animal with its brands, to be made, signed by himself and an inspector of stock or a brand reader, and posted in a con- spicuous position at the place of sale at least three hours before the sale commences and to see that same remains posted till the conclusion of the sale; and he shall give to each purchaser of stock at said sale a memorandum of sale signed by the owner and himself in the following form: "memorandum of sale by auction. "Sold by auction this day of 19 ,to of P.O., the following stock: "{Here state age, sex, colour and brands of each animal.) Auctioneer. Owner." Every vendor shall give the inspector of stock or brand reader a memorandum duly signed by said vendor setting forth the name and address of the person from whom each animal was acquired. (2) Every inspector and brand reader shall forward to the department on the first day of each month a copy of all certifi- cates issued by him during the month next preceding, with all memoranda and other data connected with each certificate attached thereto. 10. In case any inspector of stock or brand reader has reason to believe that any certificate of inspection issued by him was improperly issued or that the person to whom it was issued was not for any reason entitled to the same the inspector or brand reader may demand the return to him of such certificate for can- cellation and the person then holding the same shall thereupon return such certificate. 11. The inspector of stock or brand reader shall be entitled to a fee of ten cents for every animal inspected by him under this Act and not otherwise provided for with a minimum fee of twenty-five cents for each certificate and the said fee shall be paid to the inspector. or brand reader before any certificate of inspection is given by him. butchers and hide dealers. 13. There shall be taken out by every butcher and by every other person dealing in the purchase and sale of hides a license in form B hereto, good for the current year, for which the person obtaining the same shall pay to the Minister of Agriculture at the time of applying for such Ucense the sum of one dollar, and it shall not be lawful for any person, firm, corporation or partner- ship to engage in business as a butcher or as a dealer in hides without having first obtained such hcense. 13. Every butcher shall keep a record of all cattle slaughtered by or for him, naming therein the person from whom obtained 1569 1915 Cap. 11 STOCK INSPECTION and his place of residence and the age, sex, brands (if any) and markings of any such cattle, which record shall be kept at the place of business of such butcher and shall at all times be open for inspection by any person, and a copy of such record duly signed shall be sent to the Minister on the first of each month. 14. Every butcher and every other dealer in hides shall keep a record of the hides of all cattle purchased, naming therein the person from whom obtained and his place of residence and the brands (if any) and markings of all such hides, which record shall be kept at the place of business of such butcher or other dealer in hides and shall at all times be open for inspection by any person, and a copy of such record duly signed by the party shall be sent to the Minister on the first of each month. 15. It shall not be lawful for any railway station agent to accept for shipment any hides of cattle excepting those offered for shipment by a licensed butcher or dealer in hides, unless same is accompanied by a certificate of inspection by an inspector of stock or a brand reader, which said certificate may be obtained from said inspector of stock or brand reader upon the applicant furnishing him with a signed memorandum similar to the record required under section 14 hereof. 16. An inspector of stock or brand reader shall be entitled to a fee of ten cents for each hide inspected and such inspector of stock or brand reader shall be liable to the penalty provided herein if he fails to personally inspect the hide for which a certifi- cate is asked or if he is guilty of neghgence in preparing the description of same or if he fails to forward to the Minister on the first of each month a report on all certificates issued, together with the memoranda obtained by him in connection therewith. 17. No person who slaughters any head of cattle shall sell the hide to anyone but a licensed buyer. 18. No person other than the owner of an animal, or his agent, shall remove the hide from the carcass of any cattle found dead. inspectob's return. 19. Every special inspector of stock and every inspector of stock appointed under the provisions, of this Act shall, on or before the fifteenth day of January of each year, make a return to the Minister setting forth the fees and emoluments received under this Act for the year next preceding and shall at all times furnish the Minister on- demand with any information he may require. PENALTIES. 30. Any person contravening any of the provisions of this Act or of any rules or regulations thereunder shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding one hundred dollars and costs. 31. The Minister may from time to time make such regula- tions and prescribe such forms as may be deemed necessary for 1570 STOCK INSPECTION Cap. 11 1915 the proper carrying into effect of the provisions of this Act, and such regulations shall have the same force and effect as if they were included in this Act and herein enacted. 23. The Stock Inspection Ordinance is hereby repealed. SCHEDULE. FORM A. The Stock Inspection Act. A.D. 19... I have this day inspected for at head of stock described as follows: (ffere state age, sex, and brands of each animal.) Inspector of Stack oir Brand Reader. FORM B. Government op the Province op Alberta. Department op Aghictjltube. No Fee, $ : butcher's and hide dealer's license. Under and by virtue of the power vested in the Minister of Agriculture under The Stock Inspection Act of the Province of Alberta of .-•'•. in the is hereby authorized to buy and sell the hides of cattle under the provisions of the law in that respect, on the premises occupied by him in in the Province of Alberta, between the day of and the thirty-first day of December, 191 .... Dated at Edmonton, Alberta, this day of 191 Deputy Minister of Agriculture, 1571 1915 CHAPTER 12. An Act to Govern and Regulate the Driving or Trailing of Sheep. {Assented to April 17, 1915.) UIS MAJESTY, by and with the advice and consent of the ■*■ '■ Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Sheep Trailing Act." 3. Whenever the owner of five hundred or more sheep desires to move same on foot from one point of the province to another distant twenty-five miles or more, he shall send a notice of such intention to the live stock commissioner of the provinc€^at least ten days before starting on the proposed move. Said notice shall set out — (a) The full name and address of the owner of the sheep to be trailed; (6) The starting point; (c) The objective point; (d) The proposed route; (e) The nurdber of sheep to be trailed; (/) The probable date of starting; (gf) The name of responsible person who will be in charge of the sheep; Provided that said notice shall not be necessary where the sheep are being driven directly to market. 3. Sheep that are being driven or trailed over public roads, trails or road allowances of the Province of Alberta must be in charge of the owner, or his agent, whose duty it shall be to see that the sheep are kept moving and under the control of the herders, and that they travel a minimum total distance of five miles a day. 4. The owner, or agent of any owner of sheep which are being driven over the roads, trails and road allowances in the Province of Alberta shall keep said sheep to such roads, trails and road allowances, and any owner or agent who allows said sheep, or any of them, to enter on the lands or rights of any person holding homestead entry, patent, lease or permit shall be liable for all damage done thereon, whether said lands are fenced or not, any provision of The Fence Ordinance to the contrary notwith- standing. 5. When sheep that are being driven or trailed enter upon private land or land held under lease or permit they may be seized by the owner, lessee or permittee of such lands and held until all damages resulting from said entrance shall have been paid. 1572 SHEEP TRAILING Cap. 12 1915 6. When sheep have been thus seized and the parties cannot agree on the amount of the damages, or if the amount is not paid forthwith, the person making the seizure shall report same to the nearest justice of the peace without delay. 7. The Justice of the peace shall, on receiving notice of the seizure, appoint three disinterested persons to survey and assess the damage done, and upon receipt of their report shall order the payment of the amount, with costs, by the owner of the sheep or his agent to the party suffering the damage, and upon such payment shall order the release of the sheep. 8. If the owner of the sheep or his agent refuses or neglects to pay the amount as ordered by the justice of the peace, he may order the sheep imder seizure to be sold to satisfy the claim for said amount and in the order of sale may prescribe such notice to be given, such further costs to be paid and such other conditions as to him may appear just and reasonable. 9. Nothing in this Act shall prevent any person who has suffered damages because of sheep entering upon his lands from recovering compensation in any court of competent jurisdiction from the owner of the sheep through which such damage has been caused, any provision of The Fence Ordinance to the contrary notwithstanding. 10. Any owner or agent of any owner who rescues or attempts to rescue or interfere, directly or indirectly, with any sheep seized for damages, or with the person seizing them, shall be liable on summary conviction to a penalty not exceeding one hundred dollars and costs. 11. Any herder who permits sheep \mder his charge, custody or control to wander on privately owned land or lands held under lease or permit and to commit damage to crops or meadows thereon shall be personally liable on summary conviction to a fine not exceeding ten dollars for each and every offence. 13. Any person contra veniug any of the provisions of this Act shall be guilty of an offence and, wherein not otherwise provided for, shall, on summary conviction, be liable to a penalty not exceeding one hundred dollars and costs. 1573 1915 CHAPTER 13. An Act respecting Irrigation Districts. (Assented to April 17, 1915.) UlS MAJESTY, by and with the advice and consent of the •*■ *■ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Irrigation District Act, 1915." INTERPRETATION. 3. In this Act, unless the contejct otherwise requires — (1) The expression "Irrigation Act" means the Act of the ParUament of Canada, known as The Irrigation Act, chapter 61 of the Revised Statutes of Canada, 1906, and any amendments thereto which may have been or may hereafter be passed; (2) The expression "district" means any irrigation district created under the provisions of this Act; (3) The expression "water users' distribt" means any water users' district created under the provisions of this Act; (4) The expression "water user" means any owner who is using or is entitled imder any agreement made under the authority of The Irrigation Act to a supply of water for irrigation purposes; (5) The expression "owner" means and includes any person who by any right, title or estate whatsoever is or is entitled to be in possession of agricultural land in any district or water users' district or in any area proposed to be erected into a district or a water users' district under the provisions of this Act; (6) The expression "works" shall, for the purposes of this Act, have the same meaning as the expression "works" in The Irrigation Act; (7) The expression "voter" means any person duly qualified under the provisions hereof to vote at any election or upon the taking of any vote under the provisions hereof; (8) The expression "Minister" means the Minister of Public Works for the Province of Alberta; (9) The expression "engineer" means any engineer appointed under the provisions of tWs Act; (10) The expression "board" means the board of trustees elected under the provisions of this Act. 3. Any irrigation district now existing which was constituted or erected imder any Ordinance of the North-West Territories heretofore in force is hereby continued and shall be subject to the provisions of this Act. 1574 IRRIGATION DISTRICTS Cap. 13 1915 ORGANIZATION OF DISTRICTS. 4. The majority of the owners of the full age of twenty-one years representing not less than one-half of the total area of land affected, and resident within any tract of land, or within five miles thereof, not already in an irrigation district may petition the Minister to erect such tract into an irrigation district under the provisions of this Act and such petition shall clearly define the area and boundaries of such tract. (2) Accompanying such petition shall be a statutory declara- tion made by two responsible owners resident within the tract, who have signed the petition, that they verily believe that one- half of the proposed distpct can be irrigated from the proposed works, that the signatures to the petition have been affixed in their presence and that the signers are a majority of the owners of the full age of twenty-one years, resident within the tract or five miles of such tract, which it is desired to have created a district. 5. Upon receipt of such petition by the Minister he shall cause a notice to be pubfished within one month in The Alberta Gazette stating that appUcation has been made for the erection of such tract (describing it) into an irrigation district under the provisions hereof; and a Uke notice shall be published once by the petitioners in a newspaper published within the proposed district, or if there be no such newspaper then in the newspaper published nearest thereto. 6. If at the expiration of two weeks from the publication of the said notice in such newspaper no substantial objection to the erection of the proposed district has been made the Minister shall appoint a resident owner to be returning officer for the pur- pose of taking a vote of the owners within the proposed district upon the question of the erection of such district. 7. The Minister shall cause such returning officer to be notified of his appointment and on receipt of such notification the return- ing officer shall cause a notice signed by him in form A in the schedule hereto to be posted in at least ten conspicuous and widely separated places within such proposed district and in the post office therein or nearest thereto and shall also cause a copy of such notice to be published at least one week before the time fixed for the meeting in some weekly newspaper published in the proposed district or in case there is none published therein in a newspaper published at the point nearest thereto. (2) Such meeting shall be held at or near the point most centrally situated within the proposed district where a suitable building therefor can be obtained. (3) A certified copy of such notice together with a statutory declaration by the returning officer proving the due posting and publication thereof shall be forwarded to the Minister. (4) The persons entitled to take part and vote at such meetings shall be the owners of the full age of twenty-one years. (5) Any corporation, being an owner as defined by this Act, shall be entitled to vote by any one of its properly authorized officers, resident within the province. 1575 1915 Cap. 13 .. IRRIGATION DISTRICTS 8. At the hour appointed in the notice calling such meeting, which shall not ,be later than ten o'clock in the forenoon, the returning officer shall read to the meeting the petition for the erection of the district or a copy thereof and his appointment as returning officer, after which and until noon of the same day, he shall take the votes of the voters present on the questioii of the erection of the district. (2) Every voter shall sign a declaration as in form B in the schedule hereto and record his vote as provided in such form. (3) The returning officer may vote. ELECTION OF TRUSTEES. 9. If such vote results in two-thirds of the voters voting in favoTir of the erection of the district, the returning officer shall proceed to hold an election of three trustees for the district and at one o'clock of the afternoon of the same day, the returning officer shall proceed to receive nominations of candidates for election as trustees. 10. Persons qualified as voters and no other persons shall be entitled to nominate candidates. (2) Trustees shall be owners resident in the district, or within five miles, and qualified as voters. (3) Nominations may be made during the first hour of the election meeting. (4) If no more than the requisite number of persons are nomi- nated the returning officer shall declare them elected. (5) If more than the requisite number of persons are nominated during such period, the returning officer shall at the expiration thereof declare the nominations closed and shall proceed to take a vote by open voting. (6) The persons entitled to vote at such election shall be the owners of the full age of twenty-one years. (7) Every voter shall have as many votes as there are trustees to be elected but shall in no case vote more than once for one candidate at the same election. (8) If required to do so by any owner present or of his own accord, if deemed advisable, the returning officer shall administer an oath to any person applying to vote on the question of the erection of the district or the election of trustees for the district as to his quaUfication to vote, which oath shall be as follows: "You do swear that you are of the full age of twenty-one years and that you are lawfully in possession or entitled to be in possession of agricultural land situate within this proposed irrigation district and that you have not received any reward or offer or promise of reward for voting at this election. So help you God." Or in the case of an officer of any corporation, as follows: "You do swear that you are of the full age of twenty-one years; that you are an officer of the (naming the corporation) resident within the province and duly authorized to vote on behalf of the said corporation; that the said corporation is lawfully in possession or entitled to be in possession of agricultural land situate within the proposed irrigation district; that neither you, 1576 lEBIGATION DISTKICTS Cap. 13 1915 nor to the best of your knowledge and belief, the said corporation has directly or indirectly received any reward or offer or promise of reward for the vote which you now tender, nor do you or to the best of your knowledge and belief the said corporation expect to receive any. So help you God." (9) The returning officer shall truly record in a poll book containing suitable columns, the name and residence of each person applying to vote, the land in respect of which he claims to be entitled to vote and unless he declines to take the oath the person or persons for whom he votes and if such person when required takes or declines to take the oath the returning officer shall record such fact in the poll book. Any person dechning to take the oath shall not be permitted to vote. (10) The poll book shall continue open until and be closed at the hour of five o'clock in the afternoon of the day of voting. (11) At the close of the poll, the returning officer shall sum up the votes polled and declare elected the necessary number of candidates having the highest number of votes. (12) The retiu:ning officer may vote and in case of an equality of votes for any candidateSj the returning officer shall have a casting vote. (13) Immediately after the election, the returning officer shall transmit to the Minister a statement of the result of the votes taken by him together with a solemn declaration in form C in the schedule hereto. (14) The returning officer shall after he has forwarded his statement to the Minister hand the poll book to the secretary- treasurer of the district, when appointed. (15) At subsequent elections, the secretary-treasurer of the district shall, unless the Minister appoints another person, be the returning officer and the provisions of this section shall apply and be observed at all elections of trustees. (16) In case for any reason at any time trustees are not elected or are not duly elected hereunder the Minister may appoint trustees who shall hold office in all respects as if duly elected. (17) If any two owners who were entitled to vote at the election ■ make it appear to the satisfaction of the Minister by their solemn declaration that the election was irregularly or improperly con- ducted or that corrupt practices prevailed thereat and that by reason thereof, the result of the election was affected, the Minister may make or appoint some other person to make inquiries into the matter and cause evidence to be taken under oath or by solemn declaration and by order require the attendance of wit- nesses or production of documents and may make such order as to the said election and as to the persons entitled to hold the' office of trustee as may seem proper and the trustees and officers of the district shall be bound by and shall observe such orders and the nonobservance of any order made under this section shall be an offence and the offender shall on summary conviction thereof be liable to a penalty not exceeding $100. 11. If the statement made by the returning officer to the Minister under subsection 13 of section 10 hereof shows that a two-thirds majority of the voters representing not less than 1577 1915 Cap. 13 IRRIGATION DISTRICTS one-half of the total area of land within the tract were in favour of the erection of the district, the Minister may, by order, erect the tract of land described in the petition into an irrigation district under the provisions of this Act. (2) The order erecting such irrigation district shall set forth — (a) The name in full, situation and hmits thereof; (b) The date and place at which the meeting of owners and the election of trustees was held; (c) The names of the elected trustees and their post office addresses. (3) Such order shall be published within one month in The Alberta Gazette. trustee's declaration of office. 13. Every trustee shall within eight days after his election make the following declaration before the returning officer who shall forward the same to the Minister: "I, A.B., do hereby accept the office of trustee to which I have been elected in {name of irrigation district in full) and I will to the best of, my ability honestly and faithfully discharge the duties devolving on me as such trustee during the term for which I^have been elected." trustee's term of office. 13. The trustees elected at the first election shall hold office as follows: (1) The candidate receiving the highest number of votes or , the first one nominated if no vote has been taken shall be elected to serve imtil and including the thirty-first day of December of the second year following the election. (2) The candidate receiving the second highest number of votes or second in order of nomination shall be elected to serve until and including the thirty-first day of December of the year following the election. (3) The candidate receiving the third highest number of votes or the third in order of nomination shall be elected to serve until and including the thirty-first day of December following the election: Provided always that when the election takes place between the thirtieth day of Jime and the thirty-first day of December following in any year, the third trustee shall continue in office until and including the thirty-first day of December the year following the election; the second trustee shall continue in office until and including the thirty-first day of December of the second year following the election; and the first trustee shall continue in office imtil and including the thirty-first day of December of the third year following the election: Providing also that the retiring trustee shall remain in office until his successor is elected. ANNUAL ELECTION OF TRUSTEE. 14. The regular annual election of a trustee to fill the vacancy which occurs yearly shall take place on a day in the first week in January at the hour of ten o'clock in the forenoon and in the 1578 IRRIGATION DISTRICTS Cap. 13 1916 event of more candidates being nominated at twelve o'clock noon than the number required to fill vacancies then existing in the board, the nominations shall be closed and a poll shall be opened at that hour and shall close at five o'clock in the after- noon of the same day and the proceedings at such aimual election shall as nearly as possible be the same as at the first election of trustees. TRUSTEES A BODY CORPORATE. 15. The board of trustees of every district created hereunder shall be a body corporate and shall have all the rights and be subject to all the liabilities of a corporation; and especially shall have full power to acquire, hold and ahenate water rights and all other powers and privileges under The Irrigation Act and real and personal estate for all purposes of the district and by the same name they and their successors shall have perpetual succession and they shall have power to sue and be sued, implead, and be impleaded, answer and be answered unto in all courts and in all actions, causes and suits at law and in equity whatsoever and they shall have a common seal with power to alter and modify the same at their will and pleasure; and they shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property real or moveable for the use of the said district and of becoming parties to any agreements in the management of the affairs of the said district and shall have all the powers necessary for the construction, working, maintenance and renewal of irrigation works necessary for the uses and purposes of the said district and the inhabitants thereof. CHAIRMAN AND SECRETARY-TREASURER. 16. The board shall within ten days after the date of their election hold a meeting at which they shall proceed to elect a chairman who shall preside at all meetings of the board and at the same meeting the board shall'appoint a secretary-treasurer. 17. The chairman of any meeting of the board may vote with the other members of the board on all questions and any question on which there is an equaUty of votes shall be deemed to be negatived. 18. In the event of the absence of the chairman from any meeting the remaining members of the board shall elect another chairman from amongst themselves who shall have all the powers of the chairman at such meeting. 19. Meetings of the board of trustees may be called at any time by the chairman or by two trustees by giving seven clear days' written notice of the same, and may be held at any con- venient place within the district. REGULATIONS AND BY-LAWS. 30. Every board may make regulations and by-laws in respect of matters not provided for by this Act and not contrary to law, consistent with the objects for which the district was created 1579 1915 Cap. 13 „ IRRIGATION DISTRICTS for governing its proceedings, calling meetings, appointing com- mittees and generally such regulations as the interest of the district may require, and may appeal, alter and amend its own regulations and by-laws except where by-laws are made for the purpose of raising money, lievying assessments or striking rates. 31. Every board may pass a by-law for paying the members thereof but such paymeSnt shall in no case exceed the sum of two dollars per day to each member and ten cents for every mile necessarily travelled in going to and from the meetings of the board. 33. The board of trustees shall define the duties of its officers and shall exact security from the secretary-treasurer for the faithful performance of his duties and it shall be the duty of every board at its first meeting in each year or within a reasonable time thereafter to examine the security so exacted and see that the same is a vaUd security. AUTHORITY FOR CONSTRUCTION OF WORKS. 33. The board may forthwith after the erection of such district under the provisions hereof proceed to make an application in accordance with the provisions of The Irrigation Act for the water necessary for the irrigation of the district and for authority to , construct the necessary works for the utihzation of such water and may employ such surveyors or engineers as are required to obtain the necessary information to enable them to make such application. (2) The board, instead of or in addition to. making application for an authorization, may, subject to the approval of the Minister, enter into any contract for the construction or operation of any works or the supply or sale of water for irrigation purposes to or within the district, or for all «r any of such objects with any company (as defined in The Irrigation Act) to which an authoriza- tion or license has been granted under The Irrigation Act; and all the provisions of this Act shall apply to the works provided for, or the supply or sale of water under the said contract, to the extent necessary to enable the board to carry out any such con- tract according to the terms thereof. 34. If the authorization to construct such works as provided by section 20 of The Irrigation Act be not obtained or a contract be not entered into as provided by subsection (2) of section 23 hereof, within six months after the date of the order creating the district or such further time as the Lieutenant Governor in Council may direct, the district shall cease to exist as such. 85. If the authorization provided for by section 20 of The Irrigation Act is issued such authorization together with a copy of the maps and plans required by The Irrigation Act shall be filed in the office of the secretary-treasurer of the board and shall be open for inspection by any owner or his agent at all reasonable times. 1580 lEHIGATION DISTRICTS Cap. 13 ' 1915 ENGINEER OF DISTRICT. 36. Immediately upon receipt of the authorization provided by section 20 of The Irrigation Act the board shall proceed to appoint a qualified engineer for the district whose duty it shall be to make the necessary detailed surveys for the proposed works together with the maps and plans of the same and he shall also make a careful estimate in detail- of the amount required to construct the several portions of the proposed works and of the total amount required to complete the same; he shall also make an estimate in detail of the amount required to be expended in each year for the purpose of maintaining and operating the said works when constructed and such maps, plans and estimates shall be filed by him in the ofiice of the secretary-treasurer and shall be open for inspection by any owner or lus agent at all reasonable hours. (2) Where any contract is or is proposed to be entered into by the board under the provisions of section 23, subsection (2) hereof, the board may appoint such an engineer to report upon such proposed contract or to advise the board from time to time upon the due performance thereof. ASSESSMENT ROLL. 37. Upon completion of the maps, plans and estimates provided for in the preceding section the engineer so appointed shall make an assessment roll of the district in which he shall set down to the best of his knowledge, information, skill and ability in the first column thereof the name of each owner of each parcel of land in the district which is hable to taxation under the provisions hereof; in the second column thereof a description of the lands so owned; in the third colimm thereof the number of acres which are capable of being irrigated by the proposed works as shown by the maps and plans prepared l?y the engineer, and in the fourth column the number of acres which are not capable of being so irrigated. (2) All land lying at a lower elevation than the sill of any gate by which, if constructed, water could be delivered for the irrigation of such land, and which land, in the opinion of the engineer, can be put in condition for irrigation and provided with the necessary lateral distributing system at a cost not exceed- ing eight dollars per acre of the land to be irrigated, shall be deemed to be irrigable for the purposes of this Act. 38. The engineer shall also in such assessment roll give a description of each parcel of lands liable to taxation the owners of which are unknown to him and shall opposite to each parcel enter in the several columns of the said roll the same particulars as are required by the preceding section. 89. Occupants of Crown lands in respect of which homestead or purchase rights have been granted shall be liable to taxation in respect of their occupancy of the same in the same way as owners of other land. 1581 1915 * Cap. 13 lEHIGATION DISTEICTS 30. Upon completion of the assessment roll the engmeer shall hand the same to the secretary-treasurer of , the board who shall within one week after its receipt deliver to each person residing in the district whose name appears on the assessment roll or leave at his residence a notice setting forth the land in respect- of which he is assessed or entered on the said roll and the number of irrigable and nonirrigable acres therein and shall mail a similar notice by registered letter to. all the persons whose names appear on such roll who reside without such district and shall enter on the roll opposite the name of each person therein the date of such delivery or mailing and such entry shall be prima facie evidence of such delivery and of the date thereof. (2) The assessment roll shall remain in the office of the secretary- treasurer of the board except when it is required before the court of revision or before a judge and shall be open for inspection by any owner or by his agent. COUHT OP BEVISION. 31. The board shall form a court of revision for the trial of complaints of any owner as to himself or any other person being wrongfully assessed on the said roll or omitted therefrom or of being assessed in respect of property of which they are not the owners or occupants or as to the number of acres stated on such roll to be contained in any parcel or as to the number of acres thereof stated therein as being capable of irrigation by means of the proposed works. 33. The secretary-treasurer shall be the clerk of the court of revision, and shall record all the proceedings thereof. 33. The proceedings of the com-t of revision and the mode of ■ appeal thereto shall be as follows : 1. Any owner desiring to appeal may within two weeks from the date of the delivering or mailing of the assessment notice notify the secretary-treasurer in writiag of the particulars and grounds of his appeal. 2. Forthwith after the receipt by the secretary-treasurer of the assessment roll he shall notify the board thereof and the board shall thereupon fix a day not less than one but within two months after such receipt of the roll and a place at which they will sit as a court of revision. 3. As soon as the time withm which notice of appeal may be given has expired the secretary-treasurer shall personally or by mail notify the parties appealing and appealed against of the time and place fixed for the sitting of the court of revision. 4. The court of revision may meet and adjourn from time to time but so that their duties shall be completed within the said two months. 5. All evidence before the court of revision shall be taken on oath and any member of the court shall be competent to administer the oath to any person giving evidence before the court and the secretary-treasurer may when required issue a summons to any witness to attend such court or produce docu- ments thereat and if any person so summoned as a witness fails without good and sufficient reason to attend or produce docu- 1582 IHBIGATION DISTRICTS Cap. 13 1915 ments (having been tendered witness fees at the rate of $1 per day and actual railway fare or mileage at the rate of ten cents per mile where railway is not available) he shall be guilty of an offence and on summary conviction thereof be liable to a penalty not exceeding $50. 34. If at 'any time not later than two weeks before the date fixed for holding the court of revision it shall be discovered that any property has been omitted from the assessment roll the secretary-treasurer shall forthwith notify the owner thereof if he resides or has a place of business within the district that application will be made to the court of revision to add the name of such owner and the said property to the asses^ent roll and that such owner is required to attend the court of revision to show cause why the said property should not be assessed. (2) If such owner does not reside within the district then such notice shall be posted by registered letter to the post ofloice address of such owner. (3) After such notice has been given as aforesaid and after the expiration of the time mentioned therein or if such person be not known then without any notice the board may unless good cause is shown to the contrary assess such property and direct the secretary-treasurer to enter the same upon the assess- ment roll with the name of such person if known upon which entry the said property shall be deemed to have been duly assessed. 35. The roll as finally passed by the court shall be valid and bind all parties concerned notwithstanding any defect, or error committed in or with regard to such roll or any defect, error or mis-statement in any notice required by this Act or the omission to deliver or transmit such notice. 36. The assessment roll herein provided for and as revised under the provisions hereof shall be the revised assessment roll of the district until such time as the board shall by by-law from time to time provide for the making of a new' assessment roll and any assessment made under any such by-law shall be made and revised imder and subject to all the provisions of this Act relating to assessments or appeals therefrom. BY-LAW FOE RAISING LOAN. 37. If upon the revision of such roll in the manner herein provided it is found that the amount required to construct and complete the proposed works according to the maps, plans and estimates of the engineer and the amount required to defray the necessary expenses incurred in procuring the erection of such district and the said authorization including the cost of surveys and plans therefor (or the total amount required to be raised under the provisions of any contract proposed to be entered into under the provisions of section 23, subsection (2) hereof including all such necessary expenses) do not together exceed an amount equal to twenty-five dollars per acre of the lands shown by such assessment roll to be capable of irrigation by means of the proposed works and that the amount required to be raised annually for the purpose of maintaining such works and paying the expenses of the administration of the affairs of 1583 1915 Cap. 13 IRHIGATION DISTEICTS such district does not exceed an amount equal to one dollar and fifty cents per acre of the lands shown by such roll to be capable of irrigation by means of such works the board shall forthwith submit to a vote of the voters of the said district a by-law providing for raising by loan upon the credit of the district the amount shown by such estimate to be required for the purposes of defraying the cost of construction of such works and-the amoimt required to defray the necessary expenses inciurred in procuring the erection of such district and in the proceedings hereunder and of obtaining such authorization (or the amount required to be raised under the provisions of any contract proposed to be entered into as aforesaid) and for levying the necessary rates for the payment of such loan and the interest accruing thereon and for the issues of debentures for the same. 38. Such by-law shall set forth — (o) The object of the by-law; (&) The date upon which it shall take effect; (c) The amount of the proposed loan showing the purposes for which it is proposed to be raised and the several amounts required for each purpose; (d) The times and manner of repayment thereof or of the debentures to be issued therefor, the rate of interest thereon and the times for pa3maent thereof; (e) The total irrigable acreage of the rateable real property in the district as shown by such revised assessment roll; (/) The specific sum to be raised in each year during the currency of the by-law for the purpose of paying the several instalments of principal and interest payable thereunder. 39. Such by-law and the debentures issued thereunder shall provide for the payment of the whole principal money within thirty years from the time the by-law takes effect and shall be repayable by aimual instalments extending over the whole of such period or the last twenty years thereof. 40. The board may in and by such by-law divide such district into polling subdivisions for the purpose of taking such vote and shall thereby fix the day and hour and polling place or places for taking the same and fix the time and place when and where the returning officer shall sum up the number of votes given for or against the by-law. (2) The day so to be fixed for taking such votes shall not be less than two or more than four weeks from the first publication of such by-law in the manner hereinafter mentioned. (3) The board shall appoint a returning ofiBlcer and if necessary deputy returning ofiicers. The returning officer may act as a deputy returning officer in which case the provisions hereof applicable to deputy returning officers shall apply to him. 41. The board shall before the voting thereon by the rate- payers publish a copy of the by-law in some newspaper published within the said district or if there be no such newspaper then in some newspaper published near the district and such publicar 1584 lEHIGATION DISTRICTS Cap. 13 1915 tion shall appear in at least one number weekly of such newspaper for two consecutive weeks and the secretary-treasurer shall post up a copy of the by-law in his office. 43. Appended to each copy so published shall be a notice signed by the secretary-treasurer stating that such copy is a true copy of a proposed by-law which will be taken into considera- tion by the board after being voted on by the voters and stating the date of the first publication and the day, hour and place or places fixed for taking the votes of the persons entitled to vote. 43. The persons qualified to vote at the taking of the vote upon such by-law shall be the owners who were assessed on the last revised assessment roll 3.nd are of the full age of twenty-one years, and in the case of a corporation, being an owner as defined by this Act, any one of its properly authorized officers, resident within the province. 44. At the request of any person who is entitled to vote on such by-law the returning officer or deputy returning officer shall administer to any person applying to vote an oath of quali- fication in the following form: "You do swear that you are of the full age of twenty-one years; that you are lawfully in possession or entitled to be in possession of agricultural land situate within the Irrigation District; that you were assessed on the last revised assessment roll of the said district; that you have not already voted on the by-law now before the voters and that you have not received any reward or offer or promise of reward for voting on the said by-law. So help you God." Or, in the case of an officer of any corporation, the following: "You do swear that you are of the full age of twenty-one years; that you are an officer of the {naming the corporation) residecnt within the province^ and duly authorized to vote on behalf of the said corporation; that the said corporation is law- fully in possession or entitled to be in possession of agricultural land situate within the - . . Irrigation District and was assessed on the last revised assessment roll of the said district; that neither you, nor to the best of your knowledge and belief, any one on behalf of the said corporation has already voted on the by-law now before the voters; and that neither you, nor to the best of your knowledge and belief the said corporation, had received any reward or offer or promise of reward for voting on the said by-law. So help you God." 45. The votes upon the by-law shall be given by ballot in the manner hereinafter set forth and the ballots shall be in form D in the schedule hereto. 46. The returning officer shall procure or cause to be procured as many ballot boxes as there are polling subdivisions in the district and cause to be printed a sufficient number of baUot papers for the purposes of the election. 1585 1915 Cap. 13 IRRIGATION DISTRICTS 47. The returning officer shall at least two days before polling day deliver one of the ballot boxes to each deputy returning officer. 48. The returning officer shall before the poll is opened cause to be delivered to every deputy returning officer the ballot papers and materials for marking the ballot papers. 49. The secretary-treasurer of the board shall supply to each deputy returning officer before the opening of the poll a certified ^ list of the names of the owners of land within his polling sub- division as shown by the last revised assessment roll and no persons other than those named on such list shall be entitled to vote on such by-law. 50. Every deputy returning officer shall provide a compart- ment at the polling place to which he is appointed where the voters can mark their ballots screened from observation and may appoint a constable to maintain order at the polling place. 51. Every deputy returning officer shall immediately before the commencement of the poll open the ballot box and call such person as may be present to witness that it is empty; he shall then lock and properly seal the same to prevent its being opened without breaking the seal and then place the box in view for the reception of ballots and the seal shall not be broken nor the box unlocked during the time appointed for taking the votes. 53. No person shall be allowed in any polling place during the hours for polling except the returning officer, the deputy returning officer, the constable (if any), the voter engaged in voting and any agents appointed as in this section provided. (2) On application to him the returning officer may appoint two persons for each poll to act as scrutineers on behalf of the peifeons in favour of the passage of the by-law and two persons for each poll to act as scrutineers on behalf of the persons opposed to the passage of the by-law but before such persons act as such agents they shall severally subscribe and make a declaration before the returning officer or a person empowered to administer oaths in the following form: "I, • • , do solemnly declare that I am interested in and desirous of securing (jiyr opposing, as the case may be) the passage of the by-law now being or about to be submitted to the vote of the owners in Irrigation District." 53. Proceedings at the poll shall be as follows: 1. On a person presenting himseK for the purpose of voting the deputy returning officer shall ascertain that the name of such person is entered or purports to be entered upon the voters' list of his polling subdivision. 2. If such person takes the oath prescribed by this Act the deputy returning officer shall cause to be entered opposite the name of such person in the proper column of the voters' list the word "sworn". 3. When such person as aforesaid has been required to take the oath prescribed by this Act and refuses to take the same 1586 IRRIGATION DISTRICTS Cap. 13 1916 the deputy returning officer shall cause to be entered in the proper column of the voters' list the words "refused to be sworn"; no person who has refused to take the oath prescribed by this Act when requested to do so shall receive a ballot paper or be admitted to vote. 4. When the vote is objected to the deputy returning officer shall cause to be entered in the proper column of the voters' list opposite the voter's name the words "objected to". 5. After the proper entries respecting a person claiming to vote have been made in the voters' Ust in the manner prescribed the deputy returning officer shall stamp or sign his initials upon the back of the ballot paper and shall deliver the same to such person. 6. The deputy returning officer shall explain to the voter the mode of voting. 7. The deputy returning officer shall cause to be placed in the proper column of the voters' list a mark opposite th6 name of every voter receiving a ballot paper. 8. Only one person claiming to be entitled to vote shall be allowed at a time in the polling place. 9. Every person receiving a ballot paper shall forthwith pro- ceed to the compartment provided for marking ballots and shall mark his ballot paper by placing a cross opposite the words "for the by-law" or opposite the words "against the by-law" as the case may be in accordance with his intention to vote for or against the proposed by-law; he shall then fold the ballot paper so as to conceal the marks on the face of the paper but so as to expose the initials of the deputy returning officer and on leaving the compartment shall forthwith and without exposing the face of the ballot paper to anyone or in any manner making known to any person which way he has voted deliver the same to the deputy returning officer who shall without unfolding it verify his initials and at once deposit it in the ballot box in the presence of all persons then present in the polling place. 10. While any voter is in the compartment for the purpose of marking his ballot paper no other person shall be allowed ia the same compartment or be in any position from which he can see the maimer in which such voter marks his ballot paper except as hereinafter provided. 11. In case any elector states he is unable to mark his ballot paper — (a) The deputy returning officer shall administer an oath to such elector that he is imable to mark his ballot paper and shall then cause the vote of such elector to be marked as he directs and shall then place the same in the ballot box; and (&) The deputy returning officer shall state in the voters' list opposite the name of such elector in the column for remarks the fact that the ballot paper was marked by him at the request of the voter and the reasons therefor. 12. Any elector who has spoiled his ballot paper in marking it and discovers the fact before it has been placed in the ballot box may on returning the same to the deputy returning officer and proving the fact to him obtain another ballot paper and the deputy returning officer shall mark upon the face of the baUot paper so spoiled the word "cancelled", and all ballot papers so marked shall be preserved by the deputy retunung officer 1587 1915 Cap. 13 IRRIGATION DISTRICTS and by him returned to the returning officer in the manner herein- after provided. 13. Any person who has received a ballot paper and who leaves the polling place without delivering same to the deputy returning officer in the manner provided or if after receiving the same refuses to vote shall forfeit his right to vote and the deputy returning officer then shall make an entry in the voters' list opposite the name of such person in the column for remarks that such person received the ballot paper but did not return the same or that the person returned the ballot paper and declined to vote in which case the deputy retiuning officer shall mark upon the face of the ballot paper the word "declined", and d;ll ballot papers so marked shall be preserved by the deputy returning officer and by him returned to the returning officer in the manner hereinafter provided. 14. Any deputy returning officer who is entitled to vote in a polling subdivision other than the one in which he is perform- ing the duties of such officer may, subject to the other provisions hereof, vote at the polling station at which he is so engaged providing he produces a certificate from the secretary-treasurer that he is a qualified voter within the district and the deputy returning officer shall attach such certificate to the voters' list. 54. Immediately after the close of the poll, the deputy return- ing officer shall, in the presence of the poll clerk, if there be one, open the ballot box and proceed as follows: 1. He shall examine the ballot papers and reject all those on the back of which his initials are not found or on which more votes are given than the voter is entitled to give or on which anything appears by which the voter can be identified and any ballot paper so rejected shall be void; 2. Take a note of any objection made by any agent to any ballot paper found in the ballot box and decide on any question arising out of the objection; 3. Number such objection and place a corresponding number on the back, of the ballot paper with the word "allowed" or "disallowed" as the case may be, with his initials; 4. Count the votes given fpr or against the said by-law from the ballot papers not rejected and make a written statement of the number of votes given for or against the said by-law and of the number of ballot papers rejected and not counted by him, which statement shall be then signed by him and such of the agents present as may desire to sign the same; 5. The deputy returning officer shall then certify under his own hand in full words on the voters' list the total number of persons who have voted at the polling place at which he is appointed, and make up into separate packets — (a) The statement of votes given for and against the by-law and of the rejected ballot papers; (6) The used ballot papers which have not been objected to and which have not been counted; (c) The ballot papers which have been objected to but which have been counted; (d) The rejected ballot papers; (e) The declined and cancelled ballot papers; (/) The voters' list; 1588 IRRIGATION DISTRICTS Cap. 13 1915 which packets, closed up and sealed with his own seal and with the seals of any persons present desiring to affix their seals thereto and marked on the opposite side with a memorandum designating their respective contents, shall by the deputy returning officer be transmitted forthwith to the returning officer. 55. After the close of the poll the deputy returning officer shall make and subscribe before a justice of the peace a declara- tion in the following form: "I, the undersigned, deputy returning officer for polhng sub- division No of Irrigation District do solemnly declare that the poll book kept by me for the said polling subdivision on the vote on the by-law of said district to raise I by way of loan was correctly kept, that the total number of votes polled at said poUing sub- division was of which were in favour of the said by-law and were against it, that the voters' list used at said poll was used in the manner prescribed by law and the entries required to be made therein were made according to law and that I faithfully performed all the duties required of me by law." (2) Such declaration shall be attached to the voters' list and sent to the returning officer. 56. At the time and place fixed for declaring the result of the election, the returning officer shall open the packet containing the statement of the nmnber of votes given for and against the by-law and shall publicly declare as to whether the by-law has been assented to or rejected by the voters, as the case may be, in accordance with the majority of the votes cast. 57. After the voting the ballot boxes, packets and returns together with a statement showing the result of the vote shall be transmitted by the returning officer to the secretary-treasurer who shall be responsible for their safe keeping and for their delivery when required. 58. If the majority of votes polled upon such by-law is against the passing thereof the board shall forthwith report the same to the Minister and shall immediately proceed to discharge all the outstanding liabiUties of the district and shall have power to make such assessments and levy such rates as may be necessary for such purpose; and so soon as all debts and liabilities of the district have been so discharged it shall immediately cease to exist as such. 59. If the majority of votes polled upon such by-law is in favour of the passing thereof it shall within one week from the day of voting be finally passed by the board. 60. The by-law for raising such loan shall receive the assent of the Minister of Public Works after the final passing thereof by the board which assent shall be conclusive evidence that all necessary formalities in respect to the passing thereof and to the vote thereon have been complied with; and the legality 1589 1915 Cap. 13 IHEIGATION DISTEICTS of the said by-law and of all debentures issued thereunder shall be thereby conclusively established and shall not be. questioned in any. court. 61. The trustees, having received notice of the assent of the ' Minister of Public Works to such -by-law, shall issue debentures for the amount of such proposed loan to secure the repayment of the same with interest upon the terms specified in the by-law; and the said debentures and the coupons thereof shall be sufficient when signed by two of the trustees of the district to bind the district and in the hands of any holder thereof shall be a charge or lien upon all the land (including the buildings and improvements thereon) within the district, and upon all the property of the district and all rates levied under the provisions of this Act therein. 63. The debentures to be issued under any such by-law shall be in the form following or to the like effect: " Canada province of albekta. $ Debenture No "The trustees of Irrigation District promise to pay to the bearer at '. . the sum of dollars of lawful money of Canada in equal annual instalments with interest at the rate of per cent, per annum in the manner specified in the coupons attached hereto. "Dated this , day of 1 "For the said trustees. Trustee. , Trustee." " COUPONS. "Coupon No "Debenture No "The trustees of Irrigation District will pay the bearer at on the day of ,1 , the sum of », . ■ dollars, beikg the payment with the total interest at the rate of per cent, per annum due on that day on Debenture No Trustee. Trustee." 63. The board shall not later than the first day of May in each year after the by-law takes effect make an estimate of the amount required to pay the instalments of principal and interest payable under such by-law up to the expiration of such year and the lawful expenses which shall be incurred diu-ing such year in carrying out the provisions of this Act, including salaries and expenses of officers and such allowances as the members of the board may be entitled to imder the provisions hereof and the general expenses of the district, and shall forthwith pass a by- law authorizing and directing the levying and collecting of an • equal rate upon each acre of irrigable land as shown by the last 1590 IRRIGATION DISTRICTS Cap. 13 1915 revised assessment roll for the district which rate shall be sufficient to raise the amount of such estimate after making all due and reasonable allowances for the cost of collection and abatement for losses which may occur in the collection of taxes. 64. The secretary-treasurer shall be the collector of taxes for the district but the board may appoint another person to be such collector. 65. Immediately after the passing of such last mentioned by-law in each year the secretary-treasurer shall make out a collector's roll in which he shall set down in the first column thereof the full name of every person whose name appears upon the revised assessment roll as the owner of any irrigable land and in the second column thereof the amount for which each person is assessed in such assessment roll for such year and in the third column thereof the amount of the taxes and rates with which he is chargeable under the said last mentioned by-law and shall unless he himself is collector deUver the roll certified under his name to the collector appointed by the board. 66. The collector shall forthwith after .the completion or delivery to him of such collector's roll leave at the usual residence or place of business of or transmit by mail to each person whose name appears on the said roll or to any agent of such person in the district a statement and demand of the taxes charged against him which statement shall state the time such taxes are required to be paid and the collector shall enter the date of delivery or mailing such notice in said collector's roll opposite the name of the person taxed and such entry shall be prima fade evidence of the due delivery of such statement and demand. e"?. All rates, charges and taxes payable under the provisions of this Act shall be paid to the collector within fourteen days after such demand thereof by the said collector, and in case of refusal or neglect to pay the same within such time or in case the same shall not be paid before the return of the roll the col- lector or the secretary-treasurer may levy the same with the costs of distress and sale by distress and sale of the goods and chattels of the defaulter situated within the district or of any goods and chattels found upon the premises assessed. 68. Rates, charges and taxes may be recovered as a debt due to the board in which case the production of the collector's roll or a copy of so much thereof as relates to the rates, charges or taxes payable by any person, certified by the secretary-treasurer to be a true copy, shall be prima fade evidence of the debt. 69. The collector shall on or before the first day of December in each year or such later time as the board may direct return •the collector's roll to the secretary-treasurer, with an account of all moneys received by him, accompanied by a solemn declara- tion made before an officer authorized to administer oaths, that the collection and other proceedings have been taken in accord- ance with the terms of this Act and that the returns contained therein are correct. 1591 1915 Cap. 13 IRRIGATION DISTRICTS ARREARS OF TAXES. PROCEDURE AGAINST LAND. 70. The secretary-treasurer shall on or before the 15th day of January in each year make a return verified by his solemn declar§,tion to the board in such form as may be prescribed by the board showing all lands within the district upon which taxes are overdue and unpaid together with the years for which such taxes are due. (2) The return shall for all purposes be ■prima facie evidence of the vitality of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Act have been taken 9,nd observed. 71. On production of such return by the board or some solicitor authorized by the board to a judge of the Supreme Court in chambers such judge shall appoint a time and place for confirma- tion of the said return, notice of which shall be published in every issue of The Alberta Gazette for at least two months, and any further or other notice of the appointment shall be given as the judge may direct. (2) A notice of the time and place fixed for the confirmation of such return shall be sent by mail at least sixty days prior to the time so fixed to each person who appears by the records of the land titles office for the land registration district in which the said lands are situate, or by the said return, to have any interest in the lands mentioned in the said return and whose post office address is shown by said records or return; and the entry against such lands of the date of mailing such notice together with the initials of the secretary-treasurer or other officer of the board shall without proof of the appointment or signature of such person be ■prima facie evidence that the required notice has been mailed. (3) Any person interested in any land shown in such return may pay the taxes shown by such return to be overdue and any additional sum payable under the provisions hereof and recover the amount so paid from the person liable to pay the same as a debt due from such person. 73. At the time and place so appointed the judge shall hear the apphcation and also any objecting parties and the evidence adduced before him and thereupon adjudge and determine whether or not the taxes imposed respectively upon each parcel of land included in the return were either wholly or in part in default and report the adjudication to the board and shall also confirm the return as to those parcels on which any taxes are determined to be in arrears for over one year naming the amounts severally and adding thereto a reasonable amount for the expense of adver- tising together with such sum as he may fix for costs of the application and the effect of such adjudication shall be to vest iu the board the said lands subject however to redemption by the owners respectively of the said lands at any time within one year from the date of the adjudication by payment to the board of the amounts named including expenses as aforesaid together with a redemption fee of five cents for each and every acre in the parcel so redeemed. 1592 lEHIGATION DISTKICTS Cap. 13 1916 (2) For the purposes of this section all taxes shall be held to be due on the first day of January of the calendar year within which the same are imposed. (3) A copy of such adjudication certified by the secretary- treasurer of the board shall be forwarded to the registrar of the land registration district in which the lands named in the adjudi- cation or any of them are situate, and such copies shall be notice to all persons of the facts therein set forth. (4) If any person interested in any parcel of land contained in the return presented to the judge for confirmation as provided by section 72 of this Act pays the taxes upon such land before the date fixed for confirmation of such return but after such date has been fixed he shall in addition to the amount of taxes shown by such return to be overdue pay the sum of five cents for each and every acre in such parcel to cover the costs of the proceedings. 73. At any time after the expiration of one year from the date of such adjudication on ex parte application by the board or its appointee and production of the last named adjudication together with such proof of nonredemption as the judge may require the judge by order in chambers may direct that the title to such of the land named in the adjudication as has not been redeemed by the owner be absolutely vested in the board freed from all liens, mortgages and encumbrances of whatever nature and kind the same may be, except the charge or lien created under the provisions of this Act. 74. The board may from time to time offer for sale any lands vested in the board as herein provided at such prices and upon such terms as may be fixed by the board. , 75. The taxes accruing upon or in respect of any land in the district hable to taxation under the provisions hereof shall be a lien upon such land including the buildings and improvements thereon having preference over any claim, lien, privilege or encumbrance and of any party whomsoever. WATER usees' DISTEICTS. 76. A majority of the owners of the full age of twenty-one years resident within any tract of land, capable of being irrigated from works already constructed or authorized, or to which water is being supplied for irrigation purposes from such works, raay petition the Minister to erect such tract into a water users' district under the provisions of this Act, and such petition shall define the area and boundaries of the proposed district; and shall be accompanied by the written consent of the company (as defined in The Irrigation Act) to whom the authorization or license has been granted, certifying that the area and boundaries of the proposed district are approved by such person and that the said works can be utilized for supplying water for irrigation purposes to the said tract. (2) Accompanying such petition shall also be a statutory declaration made by two responsible owners resident within the tract who have signed the petition that they verily believe that the said works can be utiUzed for the irrigation of the said 1593 1915 Cap. 13 IRRIGATION DISTRICTS ' tract; that the signatures to the petition have been aflBxed in their presence and that the signers are a majority of the owners of the full age of twenty-one years, resident within the tract which it is desired to have created a water users' district. 77. All the provisions of this Act with respect to the erection of irrigation (fistricts, the election, powers, rights and duties of trustees, the preparation and revision of assessment rolls, the passage of by-laws for the raising of loans, the issue of debentures, the levying and collecting of rates, the procedure in respect of arrears of taxes, alterations of boundaries and the enforcement of executions against districts and the forms in the schedule to this Act shall mutatis mutandis be applicable to any proposed water users' district in respect of which a petition is presented to the Minister as provided for in the preceding paragraph hereof, and to any such water users' district when erected. GENERAL PROVISIONS. 78. In addition to the powers hereinbefore mentioned the board shall subject to the provisions of The Irrigation Act have and possess and may exercise all the powers which may be neces- sary in order to enable them to construct and maintain the said works and may by by-law provide for the construction or main- tenance thereof or both in such manner as it may see fit and may also make and enforce such regulations as it may see fit respecting the supply of water to any person and for the disposal or supply of any surplus water which is Hot required for the purposes of the district and for the cutting off or stopping the supply of any water to any person in arrears in respect thereof and to any persons from whom rates or taxes are due to such district. 79. The board may pass by-laws from time to time authorizing the chairman and treasurer thereof to borrow from any person, bank or corporation such sum or sums of money as may from time to time be required to pay any instalment of principal or interest or both falUng due upon any such debentures or to provide for any other expenditure until such time as the taxes levied or to be levied therefor can be collected. 80. In case of any vacancy in the board by death, resignation or otherwise the remaining members of the board shall appoint some owner residing within the district to the vacant position. In case there are no members of the board remaining the Minister shall appoint three such persons to constitute the board. 81. In case the board shall at any time fail to appoint the necessary officers to carry out the provisions of this Act or in case any officer a,ppointed by the board, shall fail to perform the duties prescribed by this Act the Minister shall appoint the necessary officer or officers for the purpose of carrying out the provisions hereof and any such officer so appointed shall have and possess all the powers and shall perform all the duties of his office in the same manner as if he had been appointed by the board. 1594 IBKIGATION DISTRICTS Cap. 13 1915 ALTERATION OF BOUNDARIES. 83. The Minister shall have power to alter and amend the boundaries and area of any district erected as herein provided by adding thereto or taking therefrom but no area shall be added to a district unless the majority of the owners in such area signify their consent to such addition nor shall any portion of a district be cut off unless the board by resolution agrees to such reduction in the area of the district. (2) In case of any district having any debenture debt out- standing no alteration shall be made in the same or in, the boundaries thereof which will prejudidally affect the rights or security of the holders of any such debentures. (3) The order of the Minister amending the boundaries or area of any district erected under the provisions hereof shall be pub- lished in The Alberta Gazette and a copy thereof filed by the board. EXECUTIONS AGAINST DISTRICTS. 83. Any writ of execution against a district may be endorsed with a direction to the sheriff to levy the amount thereof by rate and the proceedings thereon shall be as follows: 1. The sheriff shall deliver a copy of the writ and endorsement to the secretary-treasurer of the board with a statement in writing of the amount required to satisfy such execution including the amount of interest thereon and sheriff's fees and demand the payment of the same; 2. In case the amount demanded is not paid to the sheriff within thirty days after such delivery the sheriff shall examine the assessment roll of the district and shall in like manner as rates are struck for general district purposes strike a rate in the dollar sufficient to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems efficient to cover interest, his own fees and the collector's percentage up to the time when such rate will probably be available; 3. The sheriff shall thereupon issue a precept under his hand and seal of office directed to the secretary-treasurer of the board and shall annex thereto the roll of such rate and shall by such precept after reciting the writ and that the corporation had neglected to satisfy the same and referring to the roll annexed to the precept command the secretary-treasurer of the board to levy such rate at the time and in the manner by law required in respect to the general annual rates; 4. In case at any time for levying the annual rates next after the receipt of such precept the seci-etary-treasurer of the board has a general rate toll delivered to him for such year he shall add a column thereto headed: "Execution rate in A.B. versus The Irrigation District ," as the case may be, adding a similar column if there are more executions than one and shall insert therein the amount by such precept reqmred to be levied upon each owner respectively and shall levy the amount of such execution rate aforesaid and shall within the time that he is required to make the return of the general annual rate return to the sheriff the precept with the amount levied thereon deducting his percentage; 1595 1915 Cap. 13 lEBlGATION DISTRICTS 5. The sheriff shall after satisfying the execution and all fees thereon return any surplus within ten days after receiving the same to the secretary-treasurer of the board for the general pur- poses of the district; , 6. In case the secretary-treasurer of the board of any district ( against which an execution has issued is not paid by percentage fixed by by-law of the district he shall be paid for such collection a sum not exceeding two and one-half per centum of the amount collected. 84. The secretary-treasurer or collector of the district shall for the purpose of carrying into effect or permitting or assisting the sheriff to carry into effect the provisions of this Act with respect to such execution be deemed to be officers of the court from which such writ was issued and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. 85. In case there is no secretary-treasurer or collector and the trustees refuse or neglect to appoint such officers or in case such officers are absent from the district or for -any reason the sheriff is unable to proceed as herein provided he may (upon application to a judge of the Supreme Court) be invested with full power and authority to assess, levy, collect and enforce payment of such sum or sums of money as may be required to pay and satisfy the execution or executions and all fees and legal expenses including such allowances for the costs, levy, collection and enforcement of payment as the judge may allow, in the same manner as assessors, collectors or secretary-treasurers are authorized to do by this Act: Provided that in case any person desires to appeal from any assessment or omission of assessment by the sheriff appeal may be had io a judge of the Supreme Court. 86. In all proceedings for levying, collecting and enforcing payment of any sum or sums of money under any execution against a district, resort shall first be had to the irrigable lands within the district and for the purposes of this section "irrigable lands" shall be deemed to mean any and every quarter section of 160 acres and any and every parcel of less than 160 acres, of land within the district, any portion of which is irrigable; should the irrigable lands within the district be found insufficient to satisfy any such execution, resort shall be had to all other lands within the district; provided that a judge of the Supreme Court may, at any time, if it be made to appear to his satisfaction that_ it is necessary for the due protection of any execution creditor, o;rder that such proceedings may be taken in respect of all lands within the district, irrigable and nonirrigable alike. _ 87. The Minister may from time to time make such regular tions and prescribe such forms in lieu of or in- addition to the forms in the schedule to this Act as may be deemed necessary for the proper carrying into effect of the provisions of this Act. 88. The Irrigation District Ordinance No. 30 of 1898, with all amendments thereto, is hereby repealed. 1596 IRRIGATION DISTRICTS SCHEDULE. Cap. 13 1916 FORM A. Notice is hereby given that under the provisions of The Irrigation District Act the' undersigned has been appointed by the Minister of Public Works for the purpose of taking a vote on the question of the erection of the Irrigation District and, if such vote is in favour of the erection of such district, to hold an election of three duly qualified persons to compose the board of trustees of the said irrigation district which comprises the following area: {Here set out area.) The persons entitled to vote are such persons as are of the fuU age of twenty-one years who are lawfully in possession of or entitled to be in pos- session of land situate within the district. Now therefore, the electors so qualified to vote^ are-iereby notified to attend at {describing the place of voting) on the day of , 1 , at the hour of ten o'clock in the fore- noon at which hour and place I will proceed to take a vote on the said question and if the vote thereon is favoxu:able to the section of the district I wiH at one o'clock in the afternoon of the said date receive nominations for persons to serve as such trustees and if at the hour of two o'clock in the afternoon on said day more than three persons have been nominated I will forthwith proceed to hold a poU and receive the votes of persons qualified to vote wmch poll wiU continue open until and close at the hour of five o'clock in the afternoon of said day at which time I wiQ declare the result of the poll. Dated this day of , 1 Returning Officer. FORM B. Irrigation District. The undersigned severally declare each for himself that he is an owner of land, as defined in The Irrigation District Act, in the above mentioned district; that he is of the full age of twenty-one years and that the votes upon the land set opposite his name and former against the erection of the said district as indicated by the cross set opposite his name. Name Land voted upon For the erection of the district Against the erection of the district Returning OffiAxr. FORM C. Irrigation District. I, A.B., Returning OflScer for the : Irrigation District, hereby solemnly declare that the record of votes annexed signed by me is a true record of the votes cast upon the day of , 1 , for and against the erection of the district and (if the vote was in favour of the erection of the district) for the election of three trustees for the district, and I make this solemn declaration conscientiously believing it to be true and knowing that it is rf the same force and effect as if made imder oath and by virtue of The Canada Evidence Act. Declared before me at ; this day of ■ 1 I Returning Officer. A Commissioner or J. P. 1597 1915 Cap. 13 IRRIGATION DISTRICTS FORM D. Inigation District. Ballot Paper. Vote on by-law to raise S for the construction of the works required for irrigation of the district. For the By-law Against the By-law 1598 1915 CHAPTER 14. An Act respecting Seed Grain, Fodder, and other Relief. {Assented to April 17, 1915.) LJIS MAJESTY, by and with the advice and consent of the *^ Legislative Assembly of the Province of Alberta, enacts as follows: 1. A memorandum of agreement dated the thirteenth day of February, 1915, made between the Honourable WiUiam James Roche, Minister of the Interior, on behalf of the Dominion of Canada, and the Honourable Arthur L. Sifton, on behalf of the Government of Alberta (which memorandum of agreement is set out in the schedule to this Act) is hereby approved, ratified and confirmed, and the Lieutenant Governor in Council is hereby declared to have had power, and shall have power by order in council to do all acts deemed necessary or expedient to be done to carry out and perform on the part of the Govern- ment of Alberta the terms of the said agreement. 2. Any and all orders in council heretofore made for the pur- poses aforesaid are hereby approved, ratified and confirmed. 3. The moneys agreed to be paid by any person for seed grain, fodder for animals or other goods by way of relief in consideration of the advance to him by His Majesty the King in the right of the Dominion of Canada (hereinafter called His Majesty) of such seed grain, fodder for animals or other goods by way of rvlief, together with interest thereon at the rate of five per centum per annum until paid, shall be a debt due by such person to His Majesty and shall be a charge upon any real property of such person and upon any crop of any kind now being or hereafter grown on any land by such person having priority over all other liens, taxes, charges or other encumbrances, whenever created, upon such crop, and so far as such moneys are agreed to be paid in consider- ation of the advance of seed grain and fodder for animals, having priority over all other hens, taxes, charges and other encumbrances, whenever created, upon such real property; such charge shall be in addition to any other remedy which His Majesty may have to enforce payment of the said amount and shall be capable of enforcement by seizure and sale of the said real property or crop when growing or when cut, under warrant signed by the Minister of the Interior of Canada (hereinafter called the Minister) or by anyone authorized by him to sign such warrant wherever and whenever any of the said property may be found, and in respect thereof His Majesty shall have and be entitled to all the remedies of a mortgagee in the same manner as if the said amount were secured by a registered charge against the said land or by a chattel mortgage duly filed against the said crop and having the priorities herein set out. 1599 1915 Cap. 14 . SEED GRAIN AND PODDEB 4. The Minister may send to the registrar of land titles for each land registration district, a statement showing in alphabetic order the name of each person to whom an advance of seed grain, fodder for animals or other goods by way of relief has been made as aforesaid and showing the land for the cultivation of which such advance has been made, the amounts agreed to be paid by such persons for: (a) Seed grain and fodder for animals; (6) Other goods by way of relief; and the date or dates from which interest is payable, and the registrar shall, except as provided in subsection 6 hereof, upon receipt of such statement enter in the register against such land, and endorse upon any duplicate certificate of title thereafter issued therefor, a memorandum as follows: "This land is subject to a hen in favour of His Majesty in the right of the Dominion of Canada for the sum of dollars for seed grain and fodder for animals and interest thereon at five per centum per annvun from the .day of 191 . . . . , and for the siun of dollars for other goods by way of relief and interest thereon from the , . .day of 191. . ." (2) In respect of any other land in his land registration district the registrar shall treat each item in the statement as if it were a writ of execution against the land of such person for the amount shown thereby to be owing by such person, and may use the form herein provided in making the memorandum required to be made by section 77 of The Land Titles Act. (3) Instead of entering a memorandum in the execution docket the registrar may use a separate docket to be known as the "seed grain docket." (4) The Minister shall also cause the said statement to be published in the official gazette. (5) In case it shall be made to appear to the Minister that any land against which such memorandum is entered, was not owned by the person agreeing to pay for such advances of seed grain, fodder for animals or other goods by way of relief when such seed grain, fodder for animals or other goods by way of relief, or any part thereof, was advanced, and was not interested therein under an agreement or contract for purchase thereof, and that the owner of such land or the person interested therein under an agreement or contract for purchase thereof did not join in, such agreement to pay nor consent in writing to the same being given or to such advances, or only consented to part thereof, the Minister may require the registrar to cancel the said memo- randum, or to reduce the charge stated therein to such amount as appears to the Minister to have been so consented to, and when so cancelled such land shall be discharged from the lien represented thereby, or if the amount is directed to be reduced as aforesaid the memorandum shall have the same effect as if the amount as so reduced had been the original amount entered in such memorandum. (6) The Minister may also send to each registrar as aforesaid a statement showing in alphabetic order the name of each person (if any) who has so agreed to pay for seed grain, fodder for animals or other goods by way of relief, and who appears to be a tenant 1600 SEED GRAIN AND FODDER Cap. 14 1915 of the land for the cultivation of which such seed grain, fodder for animals or other goods by way of relief were furnished and whose landlord has not joined in or consented in writing to such agr:eeinents or advances, and shall also furnish such registrar with the other particulars mentioned in subsection 1 of this section, and as to such tenants no memorandum shall be entered or endorsed as aforesaid as against such land unless the same is otherwise subject to a lien under this Act. 5. The Minister may by letter direct any registrar of land titles to enter a memorandimi upon the certificate or certificates of title in the register to any land mentioned in such letter to the effect that the person mentioned in such letter has paid the amount charged against such land for advances of (a) seed grain and fodder for animals, or (6) other goods by way of reUef, or both; and the registrar shall on receipt of such letter make such memorandmn accordingly, and thereupon such land shall be dis- charged to the extent of the amount so paid, as appearing by such memorandum. 6. The Minister may, by letter, direct any registrar of land titles to enter a memorandum in the execution docket or in the seed grain docket as the case may be, to the effect that all the lands and crops of the person mentioned in such letter are released from all liens under this Act, and upon receipt of such letter the registrar shall make such memorandum accordingly, and thereafter such land and crops shall be absolutely released and discharged from all liens and claims under this Act. 7. All rights, securities and priorities of every kind given to or provided for His Majesty under this Act, shall be in addition to and independent of any other rights or securities taken by His Majesty from any person to whom advances of seed grain, fodder for animals or other goods by way of rehef have been made as aforesaid, or from any other person on behalf of such person, and any such rights or securities, so taken are hereby declared to be legal and binding, and such rights, securities and priorities shall also be in addition to and independent of all other rights and privileges of His Majesty. Such rights, securities and priorities of His Majesty shall in no way be prejudiced by The Creditors' Relief Act or by any other Act or law. 8. Notwithstanding anything contained in The Bills of Sal^ Ordinance or in any other Act or law, every document purporting to be a chattel mortgage heretofore or hereafter given or made to or in favour of His Majesty, or of any person representing His Majesty, to secure an advance of seed grain, fodder for animals or other goods by way of relief shall be capable of registration free of charge under The Bills of Sale Ordinance, and shall be Valid and effective according to the true intent and meaning thereof; and no irregularity, mformality, or insufficiency therein or in any affidavit made, in connection therewith, nor the failure to jnake any such affidavit, nor the failure to -file and register the said document, or to file or register the same within the time limited by law for that purpose shall render the same invalid; but every document shall bind the crop therein mentioned as fully and effectually to all intents and purposes as Lf all the provisions 1601 1915 Cap, 14 SEED GKAIN AND FODDER of The Bills of Sale Ordinance and of any other Act or law had been strictly complied with and shall have priority over any other mortgage or lien whenever given upon the security of the same crop or any writ of execution against the mortgagor. 9. Any secretary-treasurer of a local improvement district or of any mimicipality, any Dominion land agent, sub-land agent, homestead inspector, immigration agent or member of the Royal North-West Mounted Police, or any other officer named by the Minister, is hereby declared to have had power and shall have power to administer oaths and take and receive affidavits, declara^ tions and affirmations within this province appearing upon any paper or document taken by His Majesty in respect of, or as security for advances of seed grain, fodder for animals, or other goods by way of relief, and any order in council heretofore made so empowering such persons or any of them is hereby approved, ratified. and confirmed. 10. All registrations, annotations, memoranda, entries or other work performed by any registrar of land titles, or by any other officer or employee of the Government of Alberta as pro- vided for in this Act shall be done without fee or charge of any kind, and all publications in the official gazette provided for in this Act shall also be without fee or charge. 11. Any person to whom seed grain, fodder or other goods by way of relief have been advanced as in this Act provided, and who sells or disposes of same or any part thereof, or who neglects or fails to sow in a husband-hke manner such seed grain or any part thereof without the consent of the Minister or of such person as may be appointed by the Minister for such pur- pose, shall be guilty of an offence, and shall be liable, upon conviction, to a fine not exceeding $500.00 and to imprisonment for any term not exceeding two years or to both. 13. Any lien or charge in favour of His Majsety, for seed grain, fodder for animals or other goods by way of relief, advanced under this Act, or heretofore at any time advanced, a memoran- dum of which has appeared or shall hereafter appear, upon any letters patent issued by His Majesty, for land in this province shall as respects said land have priority over all other liens, taxes, charges or other encimibrances whenever created or to be created: 13. Prosecutions under the preceding sections may be had before any justice of the peace or police magistrate having juris- diction in the place where the offence was committed or where the accused person resides, and the proceedings shall be sununary. SCHEDULE. Mbmoeandum of Agreement between the Honourable W. J. Roche, Minister of the Department of Interior, on behalf of the Government of the Dominion of Camada, and the Honourable Arthur L. Sifton, on behalf of the Government of the Province of Alberta, entered into this Thir- teenth day of February, 1915. Whereas the Government of the Dominion of Canada and the Government of the Proviiice of Alberta recognize that a serious situation exists in a portion 1602 SEED GRAIN AND FODDER Cap. 14 1915 of the said province owing to severe drought which prevailed during the past summer and that the crops in those districts were ahnost a total failure and that the settlers are in many cases destitute; And whereas it is generally recognized that to insure the future of the said province, it will be necessary to seed down every available ^cre of land and endeavour to keep up the production of grain; And whereas the Government of the Dominion of Canada has undertaken a distribution of relief to the settlers affected as aforesaid; Therefore it is agreed by the said Minister of the Interior and by the said Honourable Arthur L. Sifton for the Province of Alberta, as follows: First, That the Dominion Government will undertake the distribution of seed grain and reUef other than seed grain to homesteaders on patented and unpatented lands alike and in accordance with their necessities, and within the area described as the drought stricken area. Also outside of the drought stricken area, if found advisable to do so. Second, That the Provincial Government agrees to afford the Government of Canada the same measure of protection and the same facilities in reference to the collection of advances of seed grain and fodder for animals made to homesteaders on lands now or hereafter patented as is afforded to the Government of Alberta by the Act respecting Seed Grain, being chapter 21 of the Statutes of 1908 of the Province of Alberta, as amended; and that the Government of the Province of Alberta shall at the next ensuing session of the Legislature procure the enactment of such legislation as wUl afford to His Majesty in the right of Canada the same security in respect of seed grain advances and other relief herein mentioned as is provided for His Majesty in the right of the province under the said Act. Third, That the Province of Alberta hereby agrees to bear the expense of the central distribution office at Winnipeg and of the officers connected therewith in distributing such seed grain and other reUef in respect of patented lands. Fourth, That the Provincial Government will undertake to protect and legalize the hens for seed graia or reUef other than seed grain which have already been taken or which will be taken hereafter by the Dominion Govern- ment against homesteaders on patented lands within the said Province of Alberta. Fifth, That in the cases where hens for seed grain or reUef other than seed grain have been consented to by homesteaders on unpatented lands, and where such homesteaders subsequently obtain their patents, the Pro- vincial Government will undertake! to protect and legalize the collection, by the Domioion Government through their authorized agents, of the amounts of such hens against such lands in the same manner as if the liens had primarily been filed against homesteaders on patented lands, such liens to have priority over all other liens, charges or encumbrances until fully paid. Sixth, That the Provincial Government wiU undertake to register, free of charge, with the registrar of land titles for each land registration district, the mortgages given vy homesteaders on patented lands within the Province of Alberta, as well as the liens given by homesteaders on unpatented lands, who may subsequently obtain their patents, and against whom such hens should be recorded on account of not having been paid prior to the securing of such patents, the said liens to have priority over all other liens, charges or encumbrances whatsoever until fuUy paid. Seventh, That the Minister of the Interior and the Honourable Arthur L. Sifton, of the Province of Alberta, will undertake to have an order in council passed as soon as possible by their respective Government to ratify the agreement herewith; and Eighth, That the Minister of the Interior and the Honourable Arthur L. Sffton, of the Province of Alberta, will undertake to have their respective Government pass, at their next session of Parliament, the necessary legis- lation approving, ratifying and confirming the order in council and agreement made for the purposes aforesaid. In witness whereof the parties hereto have hereunto set their hands the day and year first hereinbefore written. 1{Sgd.) W. J. Roche, Minister of the Interior, on behalf of the Dominion Government. {Sgd.) Abthitr L. Sifton, l/3ffo.; JiTHEL UI.EMBNTS. For the Province of Alberta. 1603 1915 CHAPTER 15. An Act to amend The Town Act. (Consolidated in Chapter 2, 1911-12.) 1915 4 CHAPTER 16. An Act to amend The Rural Municipality Act. (Consolidated in Chapter 3, 1911-12.) 1915 CHAPTER 17. An Act to amend the Village Act. (Consolidated in Chapter 5, 1913 (1).) 1604 1915 CHAPTER 18. An Act respecting Municipal Co-operative Hail Insurance. (Assented to April 17, 1915.) UIS MAJESTY, by and with the advice and consent of the ^^ Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as " The Municipal Co-operative Hail Insurance Act." INTERPRETATION. . 2. In this Act unless the context otherwise requires — (o) "Minister," "municipality," "council," "reeve," "coun- cillor," "resident elector," "elector," "owner," "occupant," "person" and "land" shall have the same meaning and inter- pretation as that contained in The Rural Municipality Act and amendments thereto; (6) "Hail insurance district" shall mean and include any haU insurance district formed under the provisions of this Act and amendments thereto; (c) "Ctop" means and includes any grain, cereal, cultivated grass or clover grown for hay growing on any land; (d) "Hail Insurance Board of Alberta," "Hail insurance board" and "board" shall mean and include the hail insurance board appointed under this Act and amendments thereto; (e) "Commissioner" shall mean and include any commissioner appointed under and for the purposes of this Act; (/) "Inspector" means the inspector appointed under this Act and amendments thereto; (fif) "The Rural Municipality Act" shall mean chapter 3 of the Statutes of 1911-12 and shall include all amendments thereto. 3. Where forms are prescribed any deviation therefrom not affecting the substance nor calculated to mislead shall not vitiate the same and forms to the Uke effect shall sufl&ce. 4. If anything to be done by or under this Act at or within a fixed time cannot be or is not so done the Minister may by order from time to time appoint a further or other time for doing the same whether the time within which the same ought to have been done has or has not expired, and anything done within the time prescribed by such order shall be as valid as if it had been done within the time fixed by or under this Act. 1605 1915 Cap. 18 HAIL INSUBANCE OHGANIZATION. 5. The council of any municipality may pass a by-law, in form prescribed by the Minister, providing for the union of such municipality with at. least nineteen other municipalities in a hail insurance district, for the purpose of indemnifying all persons having an interest in any crop within the limits of any such municipality, against damage to or destniption of such crop by hail; such by-law before coming into force shall be submitted to the resident electors of each municipality and receive the approval of a majority of the number of such resident electors voting thereon, according to the procedure prescribed by The Rural Municipality Act for voting on debenture by-laws. (2) If the required majority of such resident electors of at least twenty municipalities, so proposing to unite, approve of such by-law, the Minister may, by order, establish such municipali- ties as a hail insm-ance district: Provided, however, that after the organization of said hail insurance district any municipality other than those above mentioned may be admitted to all the benefits and rights but subject to all the provisions of this Act upon such terms as by regulation or order the hail insurance board may direct. HAIL INSUBANCE BOARD. 6. The hail insurance district shall be under the direction of a board to be known as " The Hail Insurance Board of Alberta," which board shall consist of three commissioners and shall have power, subject to the provisions of this Act, to adjust, settle and pay all claims of any person having an interest in any crop in the district for indemnity for damage to or destruction of such crop by hail. (2) One member of such board, who shall be the chairman thereof, shall be appointed by and shall hold office during the pleasure of the Minister. (3) The two other commissioners shall be appointed by the reeves of the several municipalities composing the hail insurance district, at a meeting thereof to be held at, such place and time as is fixed by the Minister; notice of such meeting being sent in writing to the several municipahties. These two commissioners shall hold office for the term of one and two years respectively; the commissioner receiving the highest number of votes being appointed for the longer term. (4) The successor of each of such two commissioners shall be chosen at a meeting of the reeves of all the municipalities within the hail insurance district to be held annually at such time and place as the board may direct, and the term of each such commissioner shall be two years; provided that the council of any such municipahty may appoint to attend at any such meeting on its behalf such other member or officer of the council ia lieu of the reeve as by resolution it may determine. (5) The reeves or other members or officers of the council appointed to attend meetings of the reeves of all the mimicipalities within the hail insurance district shall be paid by the hail insur- ance board for the time necessarily occupied in attending such 1606 HAIL INSURANCE Cap. 18 1915 meeting at the rate of $4.00 per diem, together with the actual cost of transportation incurred and paid by them. (6) The Minister may, in the event of the death or resignation of any commissioner, or of his office becoming or being declared vacant, appoint some person to fill such vacancy until same is filled by election or otherwise as herein provided. (7) The board so appointed, and as from time to time con- stituted, shall be a corporate body, and shall have power under its corporate name of "The Hail Insurance Board of Alberta" to do all acts and things, to execute all deeds or instruments and to prosecute and maintain all actions and suits at law which in its judgment may be considered necessary to carry out and give effect to this Act. (8) The board may by resolution authorize its chairman and treasurer to borrow from any person, bank or corporation, such sum or sums of money as the board deem necessary to meet any claims for any year against ,the hail insurance district for indemnity under this Act, and such loan shall be a debt owing by the hail insurance district, repayable in accordance with the terms of the resolution authorizing the same, and shall also be a first charge upon the taxes levied by any municipality in the hail insurance district for hail insurance purposes, and not paid by such municipality to the board; provided that such loans may be further secured by promissory note or notes of the chair- man and treasurer given on behalf of the board, and such board may by the resolution authorizing such loans regulate the amounts of the same and define the note or notes to be given as security therefor; and further provided that any money received by the board from such unpaid taxes upon which such loans are made a charge, shall be, up to an amount equal to the principal and accruing interest of such loans, kept by the board in a separate account, and deposited in a chartered bank in a trust fund to , be styled "Hail Insurance Trust Fund," and shall only be paid thereout in repayment of such loans. (9) The board shall have power to invest any reserve funds or surplus that may be from time to time accumulated in such securities or ways as may be approved by the Minister. DUTIES OF HAIL INSURANCE BOARD. 7. The hail insurance board shall appoint a secretary-treasurer and an inspector or inspectors, and, subject to the approval of the Minister, may de&ie the duties and fix the remuneration of such officials and such other officials as may from time to time be required. (2) The duty of the board shall be to superintend the operation of this Act; to receive, adjudicate upon and determine all claims for indemnity hereunder; to receive and distribute all moneys collected and remitted to it for the purposes hereof; to make regulations for the carrying out of the purposes of this Act, and generally to fulfil and to see to the fulfilment by all persons charged therewith of all duties imposed vmder this Act. ' 8. The commissioners shall be paid for their services and expenses a per diem allowance of seven dollars, together with 1607 1915 Cap. 18 HAIL mSUBANCE the actual cost of transportation incurred and paid by them for attendance at all meetings of the board. 9. On or before the fifteenth day of November in each year the hail insurance board shall appoint an auditor or auditors who on or before the first day of February in each year shall make a full and complete audit of the books, records and accoimts of the board for the year ending on the thirty-first day of January, and shall for the purposes of such audit have free access to the books, records, accounts, vouchers, and receipts of the board, and the board shall on the completion of such audit prepare and publish a complete report of the operations of the board for the preceding year, and a copy of such report shall be furnished to the Minister and to the reeve and secretary-treasurer of each municipaUty within the hail insurance district. If the board shall neglect to make such appointment, the Minister may appoint an auditor or auditors to make such audit who shall have the like right of access to the books, records, accounts, vouchers and receipts of the board. CLAIMS FOR INDEMNITY. 10. When any growing. crop within the hail insurance district is damaged or destroyed by hail between the sixteenth day of June and the fifteenth day of September, both inclusive, in any year, any person having an interest in such crop and wishing indemnity therefor, shall within three days from the date on which such damage or destruction shall have been sustained give notice to the secretary of the hail insurance board by regis- tered letter addressed to him at Edmonton in the province and such notice shall be in the form to be prescribed by the hail insurance board and shall show the location of the crop, the kind of crop, the number of acres damaged, the percentage of damage done, the nature and amount of the claimant's interest in the crop, the name and address of any other person or persons having an interest in the said crop and the nature and amount of their interest and shall be verified by statutory declaration. (2) Such notice shall also show the section, township and range in which the claimant resides and his post office address and in case such claimant does not reside Avithin two miles of the crop in respect of which the claim is being made, such notice shall contain the name, section, township and range of some person residing within two miles of such crop who shall be recog- nized by the inspector as the representative of such claimant for th*^ purposes of inspection. (3) It shall be the duty of every inspector to make every effort to personally see the claimant or in the absence of such claimant his resident representative, and upon the completion of his inspection to deliver in person to the claimant or hds resident , representative a complete copy of his report on such inspection. (4) The maximum indemnity paid for total loss shall be six dollars per acre. 11. Any claimant or his resident representative who is not satisfied with the inspector's report may give notice in writing of his appeal therefrom, and shall within five days from the 1608 HAIL iNSUBANCE Cap. 18 1915 delivery of such report to him by the inspector either mail such notice of appeal by registered letter ad(kessed to the secretary of the hail insurance board at Edmonton in the province, or shall within the Uke period deliver such notice to such secretary in person; the hail insurance board shall hear and consider the allegations of all persons so appealing as soon as conveniently may be, and confirm or vary the report of the inspector as it may deem proper. The decision of the hail insurance board as to the amount of the loss so sustained by any person shall be final and conclusive, and shall not be questioned by any court on any grounds whatsoever. DISPOSITION OF MONEYS. 12. In any year if it is found by the board that the total taxes levied for hail insurance purposes, together with any surplus that may be on hand, will not be sufficient to pay all the costs of administration and the losses in full, the board shall on or before the fifteenth day of November, after deducting from the total amount of moneys available from the taxes levied and the surplus, if any, an amount sufficient to pay the cost of administration to the end of the then current fiscal year, apportion the balance of the money among the claimants pro rata. (2) From the amount awarded to any person for damage to his crop by hail there shall be deducted by the board the amount owing by the claimant by way of hail insurance tax to the muni- cipality from which the claim arises, and the amount of such tax so deducted shall be paid to the secretary-treasurer of such municipality to be credited by him upon the hail insurance tax owing by such claimant. (3) If any such claim for indemnity is not paid within thirty days from the fifteenth day of November in the year in which such indemnity is awarded the municipaUties composing the hail insurance district shall be severally liable for an amount not exceeding the hail insurance tax due and xmpaid by such municipality to the hail insurance board, and the said amount may be recovered with costs by the person entitled to the payment of the claim for indemnity by action in any court of competent jurisdiction. HAIL INSURANCE TAX. 13. As soon as may be in any year, the hail insurance board shall prepare an estimate of the amount required during the then current year to pay all lawful expenses of the board and also all probable claims for indemnity for damage to or destruction of crops by hail, and also the amount, if any, required to pay all such claims outstanding and shall strike a rate per acre suffi- cient for the payment of such amounts to be levied equally upon all lands assessable for hail insurance purposes within the hail insurance district, and shall determine the total amoimt, based upon such rate, and the area of assessable land therein, which each municipality shall contribute for the purposes of the hail insurance district shall on or before the fifteenth day of February in each year forward a statement of such rate and the amount chargeable against each mtinicipality to the Minister, and upon 1609 1915 Cap. 18 . HAIL mSUBANCE the same being approved by him shall notify the treasurer of the various municipalities composing the district of such rate and amount. (2) Every municipaUty within the hail insurance district shall within thirty days of the receipt from the secretary of the hail insurance board of the notification of such rate and amount pay to the hail insurance board a sum equal to five per centum of the total amount required to be paid by that municipality for hail insurance purposes and shall pay the balance of the amount on or before the fifteenth day of November of the year in which the same is levied: Provided that with the written consent of the hail insurance board previously obtained the . secretary-treasurer of any mimi- cipality may withhold from such remittance the total amount of the hail insiirance tax levied upon lands title to which is in doubt or in respect to which the right of the municipality to tax is in dispute. (3) The secretary-treasurer of each mimicipality shall cause the said rate to be levied equally against all assessable lands in the municipality except lands that are subdivided into blocks and lots according to a plan registered at the land titles ofl&ce for the land registration district within which such lands are situated and lands held under lease or permit from the Dominion government for the purpose of pasture or for hay, and such taxes shall become payable in accordance with the provisions of this Act as hereinafter provided and may be collected by any means provided for the collection of other municipal taxes. (4) In the event of any such hail insurance tax remaining vmpaid after the thirty-first day of October of the year in which the same is levied there shall be added thereto by way of penalty the sum of one dollar for each quarter section in respect to which such tax remains unpaid and in the event of such tax remaining unpaid after the thirty-first day of December of the year for which the same is levied it shall be subject to the same penalties as are proAdded for in the case of other municipal taxes. (5) The secretary-treasurer of each municipaUty in the hail insurance district shall mail to every person assessed for hail insurance purposes a notice in the following form: "hail insurance tax notice. "Take notice that if your hail insurance tax is not paid before the first day of November next, a penalty of one dollar per quarter section will be added to the tax, and in the event of any of such tax remaining unpaid after the thirty-first day of December of the year in which the same is levied, it shall be subject to the same penalties as are provided for in the case of other municipal taxes. "Secretary-Treasurer of the Rural Municipality of No ■. "To "Dated the day of A.D. 19 " 1610 HAIL INSURANCE Cap. 18 1915 (6) The amount chargeable against any municipality by the hail insurance board under this Act shall be a debt due by such municipality to the hail insurance board and may be recovered by it by action in any court of competent jurisdiction in Alberta. (7) The secretary-treasurer of each municipality within the hail insurance district shall on or before the first day of February in each year furnish the secretary of the hail insurance board with a statement setting forth the total acreage of land assessable for hail insurance purposes within the boxmds of the municipality. (8) Upon all sums remaining due and tmpaid to the hail insur- ance board by any mimicipality on the sixteenth day of November in each year, such municipality shall pay interest at the rate of eight per cent, per annum imtil fully paid. (9) Any secretary-treasurer or other oflBcer or. person who fails to perform any duty or send any notification or return required of him by this Act or who makes a return that is wilfully false or misleading in any particular or who performs any act forbidden by this Act shall be deemed guilty, of an offence and upon summary conviction shall be liable to a fine of not less than ten nor more than fifty dollars, and the provisions of part XV of chapter 146 of the Revised Statutes of Canada, 1906 (known as The Criminal Code) shall be applicable to all proceed- ings for the enforcement of any penalty under this Act. 14. Any person who may be liable to assessment under this Act, and who may be a resident and the owner or occupant of land within a mimicipality within the hail insurance district, may on or before the first day of May in any year by written notice to the secretary-treasurer of such municipality, withdraw from the operation of this Act any quarter section, as the same may in such notice be described by him, of land in respect of which he is liable to assessment hereunder upon satisfying the council and the hail insurance board as hereinafter provided that the same is an unpatented quarter section held by him under home- stead entry from the Dominion of Canada upon which there are less than twenty-one acres under cultivation; and such land so described shall be exempt from such tax for the then current year. (2) The council of each municipality within the hail insurance district shall during the month of May consider each such notice of withdrawal within their municipality and if satisfied that the land proposed to be withdrawn may properly be. withdrawn imder the next preceding subsection, shall authorize the with- drawal of same; forthwith after such action of the council and before the .first day of June the' secretary-treasurer shall prepare and forward to the hail insurance board a detailed statement of all the lands the withdrawal of, which has been authorized by the council: Provided, however, that all withdrawals shall be subject to review by the hail insurance board and if it decides that any withdrawal has been improperly made it may order that the withdrawal be cancelled and that the hail insurance tax be levied against such land and upon receipt by the secretary-treasurer of a notice from the hail insurance board to that effect the secretary-treasurer shall cancel the said withdrawal. 1611 1915 Cap. 18 HAIL INSURANCE DISORGANIZATION. 15. At any time after the expiration of five years after the formation of the hail insurance district any municipality may, by by-law approved by a majority of the resident electors in the manner prescribed in The Rural Municipality Act for yoting on debenture by-laws withdraw from such insurance district upon such terms as the Minister may deem just and upon such withdrawal the Minister shall have power to settle and adjust the assets and liabiUties of such district among the municipalities composing the same and if less than twenty municipalities remain in such district to wind up the affairs of such district, and his decision shall be final in regard to all matters connected therewith. BORROWING POWERS. 16. The council of any municipality may by resolution authorize the reeve and treasurer to borrow from any person, bank or cor- poration such sums of money as may be required to enable it to pay in full the hail insurance board the amount of the special rate herein provided for during the then current year, and the making of such loan by any municipality for such purpose shall not limit or impair its borrowing powers under any Act or law fixing or limiting the same. Such loan may be secured by pro- missory note or notes of the reeve or treasurer given under the seal of the municipaUty and on behalf of the council: Provided, however, that no money shall be borrowed under the provisions of this section unless the municipahty has been required to do so by resolution of the hail insurance board. (2) In every year all taxes collected by any municipality Tor hail insurance purposes and all moneys borrowed under this '.section shall be kept by the council of such municipality in a separate account and deposited in a chartered bank in a trust fund to be styled "Hail Tax Trust Fund" and shall only be paid thereout to the hail insurance board. (3) Moneys due as indemnity for hail losses shall be exempt from garnishment or attachment and shall be incapable of being assigned. 1915 CHAPTER 19. An Act to amend Chapter 29, Statutes of Alberta, 1914. {Consolidated in Chapter 29, 1914.) 1612 1915 CHAPTER 20. An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western Railway Company. (See also 1911-12, caps. 19, 29; 1913 (1), c. 40; 1913 (2), c. 9; 1914, u. 2.) {Assented to April 17, 1915.) \^ HEREAS by chapter 19 of the Statutes of Alberta, passed "' in the years 1911-12, entitled An Act to authorize the Guarantee of Certain Securities of The Canadian Northern Western Railway Company (hereinafter called the said Act) provision was made for the guaranteeing by the Province of Alberta of securi- ties in respect amongst other things of certain lines which The Canadian Northern Western Railway Company (hereinafter called "the company") was authorized to construct and for the securing of the guaranteed securities by means of certain mort- gages or deeds of trust; And whereas by chapter 20 of the Statutes of Alberta, passed in the year 1913 (1st Session), entitled An Act to authorize the Guar- antee of Certain Securities of The Canadian Northern Western Railway Company, the said Act was amended by altering the rate of interest of the securities authorized to be guaranteed by the province under the provisions of the said Act from four per centum per annum to four and one-half per centum per annum ; And whereas by section 10 of the said Ac^ it was amongst other tilings enacted that provision might be made for the issue from time to time ranking pari passu with the securities guaran- teed under the said Act and without preference or priority one over the other of additional securities of similar kind, tenor and effect in respect of the mileage of any of the lines mentioned in the schedule to the said Act; provided that before any such additional securities were issued the guarantee by the province of the payment of the principal and interest thereof should first have been authorized and the amounts to be issued per mile in respect of such mileage should first have been fixed by the Legislative Assembly and that such guarantee should first have been given pursuant to such authorization; And whereas it is expedient to authorize the guarantee by the province of additional securities pursuant to the said provision; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Lieutenant Governor in Council is hereby authorized on su 297 (2) 695 Form of return (form 51) 233 680 Inability to act, duty of election clerk 115 654 Ineligible for appointment as 117 654 Irregular return, procedure 235 681 Justices of the peace to assist 242 683 Justices of the peace to have powers of at elections 241 683 List of candidates nominated to each candidate 142 660 (See Voters' Lists.) Magistrates and constables to assist 242 683 Misfeasance by 285 692 Neglect to make return 235 681 Neglect of duty by 285 692 Nomination day postponed by 144 661 only one candidate 141 660 Not bound to act as 118 654 Not to act as 117 654 Oath administered by. 5 (2) 630 Oath of office, receipt pf writ 120 655 Poll granted, duties 142 (2) 660 Poll notice 145 661 Poll notice (form 35) 145 661 PoU notice, posting up 145 661 PoU notice, posting up 121 (2) 655 Polling day, fixing of 121(6) 655 Polling places, fixing by 133 657 (See Polling Place.) 1663 INDEX ELECTION ACrr— Continued. sec. paob Proclamation 121 655 (jSee Proclamation.) Kecount duties {See Recount). Recount, judge, attendance 223 678 Refusing to act 115 654 Refusing to a ct 119 655 election clerk to act as 124 (3) 656 Return of candidate, sent to clerk of the Executive CouncU , by 233 680 Return of candidate, sent to clerk of the Executive Council by 234 681 (See Retiun.) Special constables, may swear in 241 683 Stamp for ballots, furnished to 162(2) 663 Statement of election expenses, copy to clerk of the Execu- tive CouncU 296(2) 695 Vote, casting 211 675 only in case of tie 229 679 Voter, permit to inspect aocoimts 296 (5) 695 Withdrawal of candidate, return 143 660 Writ of election sent to by clerk of the Executive Council. . 112 653 • (See Writ.) {See also Voter, Votes, Voting.) Screen, furnished to deputy returning officer 150 664 Secrecy, at counting votes, oath of 251 684 at poll, maintenance of ' 247 683 violation of 284 692 oath of, agents, returning officers, officers at polling places.. 251 684 Stamp for ballot papers, clerk of the Executive Council forwards to returning officer 152 663 description of ' 152 (3) 663 forgery, or counterfeiting 277 (g) 691 position of on ballot paper 152 (2) 663 returned to clerk of the Executive Council after election. . . 234 681 Subornation of personation 261 687 definition 261 687 (See also Personation, Perjury.) Threats of violence, etc 260 687 Time limitation, noncompliance with, not to invalidatft election. 4 629 Treating by candidate 256 686 refresmnents, giving of, prima facie evidence 256 (2) 686 habit of, not sufficient answer 256 (3) 686 Undue influence 260 687 Voter (See Registration of Voters.) Addition, name, etc., to declare 166 666 Ballot, displayed by, forbidden 250 684 penalty 284 692 Blind, or unable to mark ballot, oath 174 (2) 667 penalty 284 692 Carter paid conveying, disqualified 258 686 Criminate, disqualified 10 630 Convey apce, person furnishing, disqualified 258 (a) 687 Corrupt practices, disqualification 10 630 Deputy returning officer, to instruct how to mark and fold ballot 173 667 Directions to, posting up by deputy returning officer 153 663 supplied by returning officer 153 663 Disfranchised 270 689 Displaying ballot 250 684 penalty 284 692 Disqualifications 10 630 Entry in poll book after name of 170 666 Election expenses accounts, inspection of , by 296 (5) 695 Employee, right of to time for votmg 185 669 Hiring conveyance, disquaUfied 258 686 Impeded or molested 248 683 Indian, disquaUfied 10 630 Induced to show ballot 249 684 Inspection of election accounts by 296 (5) 695 Instructed how to mark and fold ballot paper 173 667 Interfering with marking ballot 248 683 1664 INDEX ELECTION ACT— Continued. sec. page Interpreter employed 175 667 Interpreter, where none, not to vote 175 (2) 667 Intimidation, undue influence of 260 687 Judge disqualified 10 630 List of (See Voters' Lists).' Lunatics disqualified 10 637 Mode of voting 176 660 Name, place of residence, and occupation declared by 166 666 Name on list, may vote 167 666 Never required to state how he voted 253 684 Not more than one in each compartment at a time in poll. 179 668 Oath qualification 168 666 Oath, refusing to take, not entitled to vote 171 667 Occupation, name and residence declared by 166 666 Personated, how to vote 181 669 Personation of, penalty 261 (2) 687 PoU book, entry after name of 170 666 Pollingplace at which to vote 160 664 Qualifications. . ; 11 631 Refusing to take oath, etc 171 667 Residence, rules as to 12 631 Screened from observation while voting 179 668 Spoiling ballot 182 669 Treating of 256 686 Undue influence ' 260 687 Vote without delay 178 668 Where to vote 160 664 Voters' lists (See Registration of Voters). » Authentic copies Candidates supplied with copies of 80 (2) 647 Certified copies to be sent to clerk of the Executive Council. - 76 646 Certified copies to be sent to clerk of the Executive Council. 53 (1) 642 Clerk of the Executive Council, cause Government Printer to print 54 (o) 642 certified copies may be obtained from custodian of original 80 647 last revised to send to registrar 18 633 trfe,nsmits revised to Government Printer 79 647 transmits to returning officer Ill (2) 653 Custodian of, clerk of the Executive Council 79 647 Deputy returning officer, supplied with 112 653 Enumerators prepare (See Enumerator) 92 649 For each polling place Ill (2) 653 Government Printer (See Govemmesi't Printer). Clerk of the Executive Council to foi ward copies to registrar 18 633 Deputy registrar to post copies 27 635 Original, clerk of the Executive Coimcil, custodian of 79 647 Polling subdivision, separate for each Ill (2) 653 Printing of, by Government Printer 54 642 Printing of, by Government iPrinter 80 647 Certified copies by clerk of the Executive Council 80 (2) 647 Fees for, 80 647 Returning officer, suppUed by clerk of the Executive Council 111 (2) 653 SuppUed to members and defeated candidates 80 (2) 647 on payment, by clerk of the Executive Council 80 647 Transmission of to clerk of the Executive Council, by registrar 53 (1) 642 Transmission of to clerk of the Executive Council, by revising officer 76 646 Certificate by enumerator 95 650 Enumerator, appointment of 90 649 Votes, addition of by returning officer (See Addition of Votes) . . 210 675 Candidate, not nominated; void 137 659 Candidate, withdrawn, void 143 660 Casting 211 675 on recount 229 (3) 679 Counting (See Counting of Votes). Disclosure 247 683 Disclosure 249 684 Penalty 284 692 1665 INDEX ELECTION ACT— Cmtinued. sec. page Equality of, casting 211 675 casting on recount 229 (3) 679 Majoritj , candidate declared elected 210 676 on recount 229 (2) 679 Null and void for person not nomiaated 137 659 for candidate withdrawn 143 660 Keoount (See Recount by Judge). Secrecy 247 683 Secrecy 253 684 Voting, delay in forbidden 178 668 Directions to voters as to 153 663 Display of ballot, when, forbidden 250 684 Election officers, provisions as to Inducing voter to display ballot 249 684 Instructions to voters as to 153 663 Interference with 248 683 Interpreter employed 175 667 Manner of 176 667 Mode of and marking ballot 176 667 One voter at a time 166 666 Place for 133 657 Prohibited persons 10 630 Secrecy of 247 683 Secrecy of 253 684 vfolation of 284 692 Weapons {See Arms). Withdrawal of candidate (See Candidate). ENI^RCEMENT OF JUDGES' ORDERS IN MATTERS NOT IN COURT, An Act respecting (Chapter 7)— 1908 477 Jurisdiction of, judge to enforce ' 1 477 Fihng orders '. ; : 2 477- Fees on filing 3 477 Entry of orders 4 477 Costs 5 477 No appeal except expressly ordered 6 477 ESCHEATED ESTATES ACT (Chapter 5)— 1915 1-3 1509 EVIDENCE ACT (Chapter 3)— 1910 (2nd Sess.) 800 Affidavits out of Alberta 40 807 formal defects in 42 808 Affirmations 14 802 AppUcation of Act 3 800 Attendance of witnesses 19 803 Bills ajid notes, protests of .... '. 38 807 Competency of witnesses 4 800 Copies of registered instrmnents 47 809 Copies of written instruments. ■ 50 809 Corroborative evidence 11 801 Documents, public 24 804 official 28 805 notarial .• 36 806 refusal to produce 51-3 ^ 810 Depositions 43 808 Evidence, corroborative 11 801 expert 10 801 I instruments offered for 54 811 Examination of witnesses 20 803 Foreign judgments 35 806 tribunal 51 810 Instruments, copies of registered 47 809 copies of other written 50 809 offered for evidence 54 811 Interpretation .' 2 800 Judge's signature 33 806 Judgftients, foreign 35 806 Notarial documents 36 806 9^^?y\ ; :::::::::::::::::::::: u 802 Umcial documents 28 805 1666 INDEX EVIDENCE ACr—CmHmted. sec. page Proof of wills 44 808 Protest of bills and notes 38 807 Public documents 24 804 Registered instruments, copies of 47 809 Short title 1 800 Signature of judges 33 806 Statutes 24 804 Wills, proof of 44 808 Witnesses, attendance of 19 803 attesting to instruments 52 810 competency of 4 800 deposition of 43 808 examination of 20 803 examination of, before foreign tribunal 51 810 oath of 14 802 payment of 51 810 refusal to answer or produce documents 51 810 writing of, disputed 53 810 writteix instruments, copies of 50 810 EXECUTIONS AND JUDGMENTS, TRANSFER OP, ACT (Chapter 17)— 1914 1489 Commencement of Act 4 1489 Certified judgments 3 1489 Copies of judgments 3 1489 Effect of transfer 1 1489 Execution retained till seizure 2 1489 Partial recovery of debt 2 . 1489 Powers and duties of sheriff 1 1489 Procedure 2 1489 Subsequent writs 3 1489 Transmission of executions 1 1489 Transfer to be approved 1 1489 Unexecuted writs 1 1489 EXPLOSIVES IN MINES, Orders in Council respecting use vmder Minigs Act 1250-1260 EXTRA-JUDICIAL SEIZURE ACT (Chapter 4)— 1914 1462 Creditors Relief Ad not to apply.' 5 1462 Criminal Code applied 2 1462 Distress to be made by sheriff 1 1462 Distress must be preceded by warrant 3 1462 Exemptions 6 1463 Trust Deeds 6 1463 Debenture mortgages 6 1463 Bonds or stocks .■ 6 1463 Taxes 6 1463 Convictions 6 1468 Fees : 1 1462 schedule of . . , , 1463 Goods not to be removed 4 1463 perishable 4 1463 Indenmity to sheriff 3 1462 Penalty 2 1462 Proclamation of repeal ; 8 1463 Repeal 8 1463 Sale after order 4 1463 Schedule of fees 1463 SEC. PAGE. FARM MACHINERY ACT (Chapter 15)— 1913 (1st Sess.) 1358 Agents, who are deemed to be 4 1358 representations by 4 1353 vendor liable for representations by 4 1353 Covenants, unreasonable 3 1353 Definition of farm machinery ' 2 1358 1667 SEC. PAGE 2 1358 2 1358 5 1358 5 1358 2 1358 5 1358 6 1358 3 1358 5 1358 INDEX FARM MACHINERY ACT— Cmtinued. Faxm machinery definition of sold as warranted and guaranteed defects in Interpretations Latent aad other defects Second hand machinery, Act does not apply to Unreasonable provisions Warranty and guarantee FARMERS CO-OPERATIVE ELEVATORS ACT (Chapter 13) —1913 (1st Sess.) 1346 FORECLOSURE AND SALE ACT (Chapter 6)— 1914 (Repealed) 1482 FRAUDS -AND PERJURIES in relation to Sales of Real Property (Chapter 27)— 1906 202 G GAME ACT (Chapter 14)— 1907 401 Short title; interpretation 1, 2 401 Hunting on Sunday prohibited 3 401 Big game, protection of 4 401 Game birds, protection of 5 402 Fur-bearing animals, protection of 6 403 Hunting over enclosed lands or at night prohibited 7 403 Prohibited modes of capture 9 403 Prohibitive export of game except by permit 10 404 Sale of game heads 11 404 Residents' licenses 19 405 Game dealers 16 404 Non-residents' licenses 17 • 405 Rocky Mountain and Island Park preserves 20 406 Permission 22 406 Permits; close season; guides 25-27 407 Penalties 29 408 Game guardian, powers 32 408 Application of Act 28 408 Regulations (orders in council) 409 GAOLS AND PRISONS, An Act respecting (Chapter 15)— 1908. . 582 Employing persons without the walls of gaols , 7 583 Prohibition of intoxicants 12 583 Government may establish gaols 1 582 Gaols to be under supervision of sheriffs 2 582 Making of rules for management 3 582 Confinement of prisoners 4 582 Medical attendance, provision for . . . '. 5 582 GARNISHMENT OF SALARIES OF CIVIL SERVANTS, An Act to Provide for (Chapter 8)— 1908 478 Inteipretation 1 478 Creditor may garnish salary due 2 478 Notice to Provincial Treasurer 3 478 Treasurer to retain money due 4 478 Dispute notice 6 479 Where no dispute 6 479 Where dispute notice filed 7 479 Treasurer to keep book 8 479 Application 10 479 Immunity of the Government 10 479 Former practice superseded, 11 479 GENERAL REVENUE, An Act to raise Money on— Chapter 21, 1911-12 1182 Chapter 21, 1913, (Ist Sess.) 1376 Chapter 29, 1913 (2nd Sess.) 1445 Chapter 25, 1914 I494 1668 580 1 580 1 580 3 580 4 581 5 581 6 581 770 1165 1380 INDEX SEC. FAOE GOVERNMENT BUILDINGS, An Act closing Certain Highways near (Chapter 23)— 1915 1617 GOVERNMENT TELEPHONE AND TELEGRAPH SYSTEMS, An Act respecting (Chapter 14) — 1908. . . . ; Government may construct and operate Systems to be public works Govermnent may issue debentures Provisions, financial and keeping accounts "Government of Alberta," interpretation ' Previous contracts ratified GRAND TRUNK PACIFIC BRANCH LINES COMPANY ACT- Chapter 15, 1909 Chapter 18, 1912 Chapter 4, 1913 (2nd Sess.) GRANTS FOR SCHOOL PURPOSES ACT (Chapter 16)— 1913 (2nd Sess.) 1417 H HAIL INSURANCE ACT (Chapter 18)— 1915 1605 Attachments of funds 16 (3) 1612 Appeal 11 1608 Assignment of funds 16 (3) 1612 Auditor, appointment of 9 1608 duties of 9 1608 Assessment notice 13 (5) 1610 Borrowing powers of board . 6 (8) 1607 of municipaUties 16 1612 By-law providing for union of municipalities 5 1606 providing for withdrawal 15 1612 Borrowing powers 6 (8), 16 1607-1612 Board of hail insurance 6 1606 appointment of 6 (2) 1606 powers of , 6 (7) 1607 may borrow money 6 (8) 1607 duties of ■ 7 1607 appeal to 12 1609 Claims for indemnity 10 1608 payment of : 12 (3) 1609 Crop, definition. .: 2 (c) 1605 Cnminal Code applied 13 (9) 1611 Commissioners, definition 2 (c) 1606 appointment 6 1606 resignation 6 (6) 1607 payment of 8 1607 Deductions 12 (2) 1609 Disorganization 15 1612 Establishing districts 6 (2) 1606 Election on by-law 5 1606 Electors, who may be 6 1606 Forms 3 1605 Funds not gamishable 16 (3) 1612 Garnishment of funds 16 (3) 1612 Hail insurance district, interpretation 2 (6) 1605 board, interpretation ~ 2, (c) 1605 inspector, interpretation 2' (/) 1605 organization. '. 5 1606 claims 10 1608 tax 13 1609 Inspector, definition 2"(/) 1605 appointment of 7 1607 duties of 7, 10 1607, 1608 appeal from 11 1608 Indemnity 10 1608 maximum 10 (4) 1608 1669 * INDEX HAIIi INSURANCE ACT— Cmtimwd. sec. page Liability of municipalities 12 (3) 1609 Majority for approving by-law 5 1606 Municipalities, amalgamation of 5 1606 to furnish statements 7 1607 Minister ,. . 2 (a) 1605 interpretation 2 (o) 1605 may approve by-law 5 (2) 1606 auditor must report to 9 1608 may consent to withdrawal 15 1612 Moneys, division of balance 12 (1) 1609 Notice of damage 10 1608 contents of 10 1608 appeal 11 , 1608 Organization of districts 5, 15 1606, 1612 Penalties 13 (9) 1611 Resolution to borrow .'.... 16 (1) 1612 Rural Municipality Act, application of 5 1606 meaning of 2 (^) 1605 Rate of tax 13 1609 notification of rate 13 (2) 1610 levy of 13 (3) 1610 Secretary-treasiurer, duties'of •. . . . 13 1609 Time limits 4 1605 extension of 4 1605 Tax 13 1609 unpaid 13 (4) 1610 notice : 13 (5) 1610 to be a debt 13 (6) 1611 trust fund 16 (2) 1612 Trust fund 16 (2) 1612 Withdrawal from provisions of Act 14 (1) 1611 Winding up 15 1612 HEALTH ACT, PUBLIC (Chapter 17)— 1910 (2nd Sess.). (See PubUc Health) 861 HIGHWAYS ACT (Chapter 5)— 1911-12 - 1087 Bicycles and tricycles 3 (2), 4 1087 rider of to give warning , 5 1088 ' persons meeting to allow sufficient room to pass 4 (3) 1087 riders to turn out to the right when overtaken 4 (3) 1087 Bridges 10 1088 notice at 10 1088 injuring notice. - 11 1088 fast driving on prohibited 12" 1088 Carriages 3 IO87 meeting other carriages to turn to right 3 IO87 overtaken to turn to right 4 (1) IO87 overtaking to pass on left ' 4 (2) IO87 Driver 6 1088 imable to tiirn out to stop 6, 7 1088 unable to manage horses, etc., through drunkenness 7 1088 Interpretation 2 IO87 Penalties 13 lOSg Racing, etc 8 lOSg forbidden on highways 8 IO80 Sleighs 9 108| to have bells 9 108g HIGHWAYS (GOATERNMENT BUILDINGS) ACT (Chapter 23) —1915 .-. 1617 HISTORICAL SOCIETY OP ALBERTA ACT (Chapter 23)— 1907 465 I IMPERIAL DEBTORS' ACT, An Act respecting the (Chapter 6) —1908 476 Imperial Debtors' Act not in force in Alberta 1 476 Existing proceedings not affected 2 476 1670 INDEX SEC. PAGE INCREMENT TAX ACT (Chapter 10)— 1913 (2nd Sess.) 1396 INDUSTRIAL SCHOOL ACT (Chapter 11)— 1908 488 Short title; intei-pretation 1 488 Establishment of school 3 488 name 3 488 situation 4 488 Object 5 488 officers 6 488 commitment to school 7 489 removal and detention •. 7 489 General regulations: Contracts 9 489 Making of rules 10 489 Suspension of officers 11 489 Inspection, etc 12 490 Superintendent, powers and duties 13 490 receiving and detaining boys 14 490 notify parents 15 490 Oaths of officials 16 490 who shall administer 17 491 Sentences of confinement 18 491 boy between 10 and 13 years 19 491 time of confinement 20 491 detention in gaol after sentence 21 491 further detention in gaol when not safe to move 22 492 discharge when reformed 24 492 Discharge from school 25 492 binding to service 25 492 cannot be discharged on Simday , 26 493 cannot be discharged if iU 27 493 Annual report 28 493 Preservation of order 29 493 officials are constables 29 493 penalty for disorderly conduct 30 493 penalty for abuse of boys ,.. . 31 494 Prosecutions , 32 494 Escapes, recapture and punishment 33 494 Visitors 34 494 Schedule 495 INFANTS ACT (Chapter 13)— 1913 (2nd Sess.) 1407 Adoption of infant 27-33 1412-13 application forj by petition to Supreme Court 27 1412 ability of petitioner to bring up the infant 28 1412 consent required unless dispensed with by court 29 1412 of infant when above 10 years 29 cl. 1 1412 of parents 29 ol. 2 1412 of mother when infant illegitimate 29 cl. 2 1412 •of parent by adoption in-case of subsequent adoption. 29 cl. 3 1412 of nejrt of kin 29 cl. 4 1412 death of adopted infant, descent of his estate 32 1413 eflFect of order for adoption 30 1412 as to succession 1o property of adopted parent 31 1412 infant not to lose his right to other inheritances 32 (2) 1413 without the province, rights of infant and adopted parents as to property in Alberta 33 1413 Court, District, meaning of term 35 1413 Supreme, powers of hereunder, exercisable by judge thereof in chambers 35 (2) 1413 Custody of infant, mother may apply for (See mother of infant). 23 1411 father may dispose of (See father of infant). 3 1407 rules of equity to apply in cases relating to 9 1408 District Court, meaning of term 35 1413 Dividends of infant's stock (See Stock in name of infant) 18 1410 Education of infant, rules of equity to prevail in questions of . . 9 1408 religious education, power of court as to 7 1408 legal right of parent 7 1408 wishes of infant may be consulted 7 1408 1671 * INDEX INFANTS ACT— Cmtinued.. sec. page Equity, rules of, to prevail in questions as' to custody and education 9 1408 Father of infant, liability of for costs to mother, order respecting. 2 1407 may bfe made liable for maintenance of uuant _ 2 (2) 1407 may dispose, by deed or will, of custody and education of infant 3 1407 effect of such disposition 3 (2), (3) 1407 Guardian, appointment of, by court, to act jointly with mother. 23 (2) 1411 to act in lieu of parent 24 1411 appointment of, by father 3 1407 action of such guardian for protection of ward 3 (3) 1407 appointment of, by mother ;' 23 (3), (4) 1411 where guardians appointed by both parents, to act jointly. 23 (3) 1411 authority of 26 1411 to act for ward 26a 1412 to appear in actions ' 26b 1412 to manage estate 26c 1412 removal of 25 1411 resignation of 25 (2) 1411 Illegitimate infant, consent of mother to adoption of 29 cl. 2 1412 Infant, abandonment of by parent 4, 6o 1408 adoption of {See Adoption of Infant) . custody of () 130 Instrument" 2 (fc) 130 J"dge 2(0 130 f a'ld". . 2 (a) 129 "Lunatic" 2 (i) 129 "Memorandum" L-i iqn " Mortgage "... ! " '. ! ! ! ! ' ' ' ' 2 S 129 "Mortgagee". .. 2 f) 129 ;Mortgagor" [W: 1^ \^ g^°er" ... 2(b) 129 "Person of unsound mmd" 2 (7) 129 "Possession." 2 Yx) 130 "Register" .■.;.■.■;.■.■.■;.:;::.■ 2© iso 1684 IIJBBX LAND TITLES A.CT:~Continmd. sec. page . "Registrar" 2 (p) 130 "Registration" 2 (m) 130 "Territories" 2(7) 130 "Transfer" 2(c) 129 "Transferee" 2 (d) 129 "Transferrer" ' 2 (d) 129 "Transmission" 2 («) 130 Judge, duties of in certain oases referred to 30, 113 138, 166 may extend time for proceedings on caveats 90 160 appeal to/from acts of registrar 112 166 question may be referred to by registrar "... 113 166 notice to be given by in certain cases 114 167 may intervene in cases of fraud 114 167 examination by 31, 115 138, 168 when imprisonment may be ordered 115 168 cancellation or correction of instruments by order of 115 168 powers of in certain proceedings 113 166 LeaseSj form of for more than three years "K" 185 stii>ulation of right to purchase . .''. 54 144 obligation of lessor in such case 54 144 proviso as to lease of mortgaged land 54 144 implied covenants 55 145 impUed powers of lessor 56 145 registrar's duty in case of re-entry 57 145 cancellation of lease • 57 145 surrender otherwise than by operation of law 59 146 Marriage of female owner, registration in consequence of 83 158 Mortgage and encumbrances 60 146 form of 60 146 memorandum on certificate 60 146 registration of charges created before issue of grant 60 (2) 146 registration prohibited of transfers contrary to 60 (3) 147 only a security 61 147 proceedings to foreclose, etc . 62, 62 (a) 147 registration of discharge 63 150 extinction of an annuity, etc 64 151 payment when mortgagee is absent 65 151 form, registration and priority of transfers of 66 152 effect of registration of transfer .■ 67 152 rights of transferee-. 68 152 impUed covenants 69 152 when land encumbered registrar to retain duplicate certi- ficate 71 153 transmitted by will or .intestacy.. 75 154 Notice to be given by judge in certain cases 144 177 Oaths of office 11 132 Oaths of sureties 13 133 Oaths respecting titles to land 16 133 Office hours 19 133 Officers to be under control of the Attorney General's depart- ment 10 132 salaries of 10 132 security to be given by 12 132 not to be agents 18 133 protection of 143 177 continuation of former 153 180 Owner or mortgagee to give address to registrar 38 139 in certain cases to allow beneficiary to use name 132 175 indemnification therefor 132 175 Personal representative, land of deceased owner to vest in 74 164 Powers of attorney 72 153 form of "T" 191 registration of 72 163 owner's power suspended imtil revocation 72 153 form of revocation "U" 191 Prior certificate 44 140 holders of 44 140 Priority of registered instruments 23 134 transfers of mortgage 66 152 registration by way of caveats 97 161 1685 INDEX LAND TITLES ACT— Continued. sec. page Proceedings to foreclose or redeem, mortgages, etc 62, 62 (o) 147 on caveat judge maj extend time for . ■. 90 160 how purchase for valuable consideration proved 134 1,75 evidence of duphcate certificate 44 140 not to abate in cases of death 141 177 not to be invalidated for defects of form 142 177 protection of officers against. 143 177 Proof of purchase for valuable consideration 134 ^ 175 Protection of officers against action. . . -. 143 177 Proclamation of Act 156 181 Registrars, appointment and qualfficaftioia 8 (2) 132 to furnish copies and abstracts of instruments 17- 133 duties of in sheriffs' sales 79 167 duties of on receipt of caveat 86 159 accoimting of moneys received by 118 169 may in certain case substitute certificate 122 170 Registration on production of certificate of title 20 (2) 134 exceptions 20(2) 134 when deemed to be effected 22 134 memorandum to contain details 24 135 memorandum to be on duphcate also 25 135 of grants made by letters patent 26 135 of H.B.Co. lands 26(3) 135 of C.P.R. lands 26(4) 135 of estate for hfe or for more than three years 26 (5) 136 of roads abandoned by the Crown 26 (6-) 136 of title to land aheady granted 27 136 receipt to be given by owner 38 139 how entry of certificates to be made in register 39 139 effect of 41 139 of Indian lands 53(6) 143 of title of land of deceased owner 74 154 of transfer of land sold by sheriff 80 157 in consequence of marriage of female owner 83 158 priority of by way of caveat 97 161 affidavits for use in 142 177 Remedial proceedings 104 163 protection against ejectment 104 163 indemnification of person deprived of land by fraud 105 164 protection of bona fide purchaser of mortgages 106 164 registrar a nominal defendant in certain cases 107 164 recovery of damages from assurance fund 108 164 where costs are given to nominal defendant 109 165 , prescription of action against registrar or assurance fimd. . 110 '165 proviso: case of disabiUty 110 165 neglect to lodge caveat 110 165 Reservations in certificate of title 43 140 Roads 125 173 lands on which situated to vest in Crown 126 173 compensation 127 173 registrar to cancel area out of certificate of title 128 173 cancellation of area when certificate not issued 129 174 filing of corrected plan 130 174 certificate to be returned 130 174 Seal of office to be kept and used by registrar 15 133 Security to be given by officers 12 132 Sheriff's sale, confirmation of 81 157 b> court 79 157 registrar's duties 79 157 registration of transfer of land sold by sheriff 80 157 application for confirmation of sale 81 157 costs 81 157 Subdivision of land into lots 124 171 plan must be deposited 124 171 what plan must show 124 171 attestation of plan 124 171 correction of plans and surveys 124 (3) 172 Tax sales , 82 157 Transfers 48 141 form and tenor of , . ., 48 141 1686 INDEX LAND TITLES AGT—Cmlinued. sec. page easements to be mentioned on certificate 49 141 delivery and cancellation of certificate 50 141 issue of new certificate 61 142 registrar tp retain cancelled certificate ; 51 142 partially cancelled certificates 51 142 covenant^ to be implied 52 142 plans of land .' 53, 124 142, 171 railway plans 53 (a) 143 scales of plans 53, 124 142, 171 refusal of owner to comply with requirements of Act 53 (4) 143 subsequent subdivisions 124 171 of land sold by sheriff 80 157 of land sold for taxes 82 157 to trustees and joint owners 137 176 insertion of words "no survivorship" 137 176 Trusts, not to be registered 47 141 Trustees to be deemed owners of land 137 176 and joint owners , , 137 176 effect of words "no survivorship" >. 137 176 LAND SURVEYORS ACT (Chapter 2)— 1910 (1st Sess.) 779 Alberta Land Surveyors Association 4 779 Articled, pupils 22 784 Admission to practise 26, 33 785, 787 Attendance of pjipils 27 785 Admission of candidates 33 787 ApijUcation of funds 48 791 , Acting when unqualified 51 792 Association defined 2 (1) 779 powers of 5 779 Annual meeting 18 783 By-laws : 6 780 Ballot 9 781 counting 12 782 Board, definition '. 2 (4) 779 Board of Examiners ; 19 783 British qualification 29 786 Bond to be deposited , 36 (2) 788 Council defined 3 779 Counting ballots • 12 782 Certificate fees. 23 784 Candidates to give notice 33 787 Certificate, form of 35 787 Declaration of result of baUot 13 782 Disputed elebtions; 17 782 Death of surveyor 31 787 Dismissal or suspension 38 788 Examining board 19 783 committee 19 (2) 783 place 20 783 ■ fees...., 23 784 Examinations 19 783 li^inctions of council 8 781 Pees 23, 34 784, 787 tariff of 39 789 recovery of 46 791 application of 48 791 ■ Fraudulent registration 44 791 Investment of funds 48 (2) 792 Officers , 7 (2), (4) 780 qualification 15 (2) 782 Penalties 46 791 recovery of 46 791 Registration, who are subject to 3 779 manner of 40 789 fraudulent 44 791 Suspension 38 788 Surveys in accordance with Act 50 792 Schedules (forms) 794 1687 INDEX LEGAL PROFESSION ACT (Chapter 20)— 1907. Short title Incorporation of Law Society; members Visitors of society Benchers Officers of society Benchers' powers , Enrollment of members Funds of society Prohibition and penalties Disciplinary Right to recover fees Taxation of biU '. , Proceedings on reference Costs Special circumstaiiceB Re-taxation , Act to come into force on proclamation Schedule , 1 2 6 7 31 32 34 36 46 51 59 60 63 64 70 72 75 LEGISLATIVE ASSEMBLY ACT (Chapter 2)— 1909 Assembly, powers and privileges of 1 constitution 1 Committee, attendance and examinlEition of witnesses before ... '37 Deputy Speaker, election of 31 absence of 32 duties of 32 Disclaimer, mode, form, effect and notice of 18 petition where corruption charged 22 Electoral districts defined Sched. Acadia Alexandra Athabasca Beaver River Bow Valley Calgary, N., S. and C , Camrose Cardston Clareshohn Clearwater Coronation Cochrane Didsbury Edmonton and Edmonton South Edson Grouard Gleichen HandhiUs High River Innisfail Lacombe •. Lac Ste. Arme Leduc Lethbridge City Little Bow ; . . . Macleod Medicine Hat Nanton Okotoks... Olds ;.;.;;;;;; Peace River Pembina Pincher CreeJi Ponoka ' _ ' ] Red Deer [ _ Ribstone : Redcliff '..'.'.'.'.'.'.'.'.'.'.'.'.'.'..'. Rocky Mountain Sedgewick St. Albert . .' '. . . .\'.'.'.'.'.'.'.'.'. 1688 PAGE 449 449 449 449 450 452 453 453 455 456 457 459 460 460 460 461 461 462 462 603 603 603 610 609 609 609 606 607 1 614 622 615 614 615 622 623-4 619 627 625 614 620 623 621 616 618 614 623 622 625 621 620 617 618 625 625 626 626 625 624 621 614 614 627 619 621 620 622 625 619 617 INDEX LEGISLATIVE ASSEMBLY ACT— Continued. St. Paul Sched Stettler Stony Plain Sturgeon Taber Vegreville Vermilion Victoria •. Wetaskiwin Whitford Wainwright Wamep Executive Council, members accepting office members may qhange office members may hold office Indemnity to members how paid for part of session traveUing expenses declaration of amount to be made pubUn contractors ineligible resignation of resignation, form for voting in Assembly when disqualified, penalty Money votes Powers and privileges of Assembly members not liable to civil action during session has all rights of a court Quorum Resignation of members does not affect controverted election proceedings Schedule of districts (See Electoral Districts) Schedule of forms Speaker and Deputy Speaker, absence of allowance to election of Vacating seats death of member duty of speaker receiving resignation not allowed until member is declared elected Witnesses, oath of form of oath Speaker's warrant for attendance and examination Writ, for election of a member form of SEC. FAOE bed. 615 it 620 (I 617 It 616 CI 626 11 616 11 616 It 616 tt 618 " 616 It 619 tt 626 9 604 9 604 9 604 53 612 54 613 55 613 56 613 57 613 10 604 25 608 25 608 17 606 52 612 37 610 41 610 44 6-10 51 612 24 607 29 608 614 627 30 609 36 609 30 609 24 607 27 608 26 608 28 608 627 627 627 627 627 .627 LIBEL AND SLANDER ACT (Chapter 12)— 1913 (2nd Sess.) . . . 1401 LIGHT RAILWAYS ASSISTANCE ACT (Chapter 5)— 1913 (2nd Sess.) 1382 Company, meaning of word 9 (a) 1384 liability of, not affected by payment of province 7 1384 enforceable by province 7 1384 Cost of construction, meaning of expression 9 (6) 1384 Guarantee, not to cover more than 200 miles 10 1384 how executed 5 1383 liability of province under 5 1383 moneys for requirements of. Lieutenant Governor in Council may advance 5 1383 to be conclusive evidence that requirements comphed with. 5 1383 Mileage, certificate of Minister, conclusive as to 2 1382 interim certificate as to estimated or temporary mileage... 2 1382 Securities, meaning of term 1 1382 Lieutenant Governor in Council may guarantee ;.... 1 1382 to what extent 1 1382 not to be guaranteed until Minister satisfied as to provisions for balance of money. . . ., 8 1384 how to be made payable 2 1382 interest on, rate of, and how payable 2 1382 1689 INDEX LIGHT RAILWAYS ASSISTANCE ACT— Continued. sec. page to be seciired by first mortgage or charge to trustee 3 1382 form and terms of mortgage 4 1383 kind, form and terms of 4 1383 time and manner of issue of 4 1383 sale or pledge of, not to be effected without consent of Minister 8 1384 disposition of moneys raised by :••.•• ^ -^^^ proceeds to be paid to bank in name of Provincial Treasurer 6 1384 balance paid out to company by monthly payments . . 6 1384 interest on balances 6 1384 certificate of engineer as to amount justified 6 1384 Short title 11 1384 LOANS, PROVINCIAL— Chapter 10, 1910 (2nd Sess.) 854 Chapter 12, 1910 (2nd Sess.) ■ 859 Chapter 21, 1911-12 1182 Chapter 2,' 1913 (1st Sess.) 1376 Chapter 29, 1913 (2nd Sess.) 1445 Chapter 25, 1914 1494 Chapter 9, 1915 1565 LOCAL IMPROVEMENT ACT (Chapter 11)— 1907 361 Short title; interpretation 1 361 Constitution of districts 3 362 District councils, qualification of member of; vacation of office. 12-14 365 Retirements or vacancies; ouster of office 15, 18 365, 366 Election of council 20 366 Declaration on election 29 369 Nonacceptance of office 30 370 Proceedings and powers of coimcils 31 370 Special meetings of councU 42 371 Committees; rules of procedure 46, 48 371, 372 Payment of councils; appointment of officers 49, 50 372 Assessment of the district; assessment roll 52 373 Notice of assessment; appeal from penalty 57 374 Taxes a hen; distress for taxes 60 375 Suit for taxes; contracts; apportionment of expenditme 61 375 Accounts and audits 69, 72 376, 377 Local improvement district inspectors 73 377 Large local inoprovement districts 78 379 Returns to Minister 90 381 Exemptions 97 384 Regulations of Lieutenant Governor 99 384 Existing districts continued 103 385 Secretary neglecting to discharge duties 104 386 Forms '. . Sched. 386-9' M MARRIED WOMAN'S HOME PROTECTION ACT (Chapter 4) , -1915.. 1507 Apphcation of Act 8 1507 Caveat, form of schediile 1508 effect of 4 1607 fees on registration of, not charged 5 1507 withdrawal of 6 ' 1507 apphcation for withdrawal of 7 1607 Effect of caveat 4 1607 • Fees not charged 5 1607 Husband may apply to remove caveat ] 7 1507 Land Titles Act applies ] , [[ 8 1507 Supreme Court jurisdiction 7 1607 MARRIED WOMEN'S RELIEF ACT (Chapter 18)— 1910 (2nd Sess.) ggg Application to be made by motion 3 899 to be within six months 12 900 1690 INDEX PAGE 899 899 899 900 900 899 899 899 585 585 585 585 585 585 586 586 586 586 586 586 586 587 587 587 MARRIED WOMEN'S RELIEF ACT— Continued. sec, Affidavit of applicant : 6 Allowance may be lump sum 9 Circumstances governing grant 8 Defences available 10 Enforcement of order 11 Evidence 7 Practice, and procedure 5 Service of notice ^ Short title 1 Widow may apply for relief 2 MECHANICS AND LITERARY INSTITUTES ACT (Chapter 16)— 1908 Short title 1 Organization and objects 2 Organization 2 Election of officers 3 Annual subscription 4 Purposes 5 Annual meeting 6 Voting, etc 7 Meeting of officers 8 Annual report 9 Financial statement 10 Copy of annual report for Provincial Secretary 11 Officers to give information 12 Institute to be a corporation 14 Schedule MECHANICS' LIEN ACT (Chapter 21)— 1906 106 Agreement as to liens '6 107 Appeal, none where claim does not exceed $200 23 112 Application of Act 3 107 Application of moneys » 30 113 Cancellation, expiration and discharge of liens 25, 26, 27, 35 113, 116 by order of judge 26 113 Claim for wages 10 108 judgment for amount of 24 112 no appeal if not for over $200 23 112 when tried summarily 21 112 Consolidation of liens, suits and actions 18 111 Construction of this Act 41 116 Costs, owner to pay in certain cases 28 113 Discharge, expiration and cancellation of Uens 35 115 Enforcement of liens 18-34 111-15 for improvement of chattels 34 116 Exemption of material from execution 33 115 Expiration, cancellation and discharge of liens 35 115 Interpretation of expressions : "Contractor" 2( 2) "Court" 2 (1) "Judge" 2 (1) "Labourer" 2 (6) "Material" 2 (7) "Mortgage" 9 (2) "Owner" 2 (4) "Subcontractor" 2 (3) "Wages" 2 (8) " Works or improvements " 2 (5) Insurance moneys 12 Judgment for amount of claim 24 Leasehold property 29 Liens, agreement as to 6 amount limited 8 amount for which may be ffied 13 (1) assignment of 15 cancellation of, by order of judge 26 certain proceedings not to be deemed waiver of 7 consolidation of 18 enforcement of 21, 22 1691 106 106 106 106 106 108 106 106 106 106 109 112 113 107 108 110 110 113 107 111 112 INDEX MECHANICS' LIEN ACT— Continued. sec. page for improvement of chattek 34 115 expiration of, unless registered 35 115 material subject to 5 107 nature of. ... : 4 107 not invalidated for improper registration 14 110 on mortgaged premises 9 108 passing of on death of holder 15 110 property not to be removed during continuance of 16 110 registered, when may be cancelled 36 116 registration of 13 109 Materials exempt from execution 33 115 Material subject to hens 5 107 Mechanics, etc., to have hens for work done 4 107 Moneys, apphcation of -30 113 Mortgaged premises, hens on 9 108 Owner of land deemed to have authority 11 109 Owner's habihty as to wages unpaid by contractor 32 114 Pay rolls, receipted, to be posted 17 110 Priority of wage earners, device to defeat, void 31 114 Proceedings, when claims tried summarily 21 112 Registration of hens: with registrar or clerk 13 109 amount for which liens may be filed 13 109 claims to be registered as encmnbrances 13 (2) 110 Repeal..; 42 117 Rules and regulations may be made by judge 40 116 Wages, claim for 10 108 MEDICAL PROFESSION ACT (Chapter 28)— 1906 203 Actions, limitation of 71 215 Apphcation, pending for registration 74 216 College of Physicians and Surgeons 2-4 .203 incorporation of 2 203 who may be admitted as members '. 7 204 council of, election of members for 5-27 204-7 persons entitled to vote at 6, 11 204, 206 ehgibiUty of members for 7 204 number to be elected ; . . . . 8 204 districts for purposes of ' 8 (6) 204 conduct of 9 204 voting papers 11 205 scrutineers 12 205 counting of votes 13 205 term of office 14 205 equahty of votes 16 205 hst of voters 20 206 omission from list 21 206 regulations respecting 23 206 petition against 25 206 inquiry as to legaUty of 26 206 new election 27 207 officers of 28 207 executive committee of 29 207 meetings of 30 207 general powers of 41 210 Discipline committee, to be appointed by council 43 2l0 duties of 44 211 suspension may be ordered by 45 211 investigation by 46 211 Fees, to members of council for attendance 38 210 for registration 38 210 annual membership ] . , . 39 2IO remission of 40 210 professional, recovery of ' ' 58 213 no recovery of, unless registered 60 213 Inquiries and investigation 46 211 Interpretation of expressions: "Legally qualified medical practitioner" 63 213 "Duly quaUfied medical practitioner" 63 213 Misconduct, cases of to be investigated by discipline committee. 44 211 1692 INDEX MEDICAL PROFESSION ACT— Continued. sec. page preliminary inquiry into, where to be held 46 211 meetings of inquiry into, where to be held 52 212 disciplme committee may employ legal aid 51 212 notice to person complained of 53 212 attendance of witnesses at investigations 54 212 appeal to a judge 56 212 procedure on appeal 57 212 limitation of actions 71 215 Penalties, practising without certificate 66 215 pretending to be a physician 67 215 assumption of name or title 68 215 prosecution 69 215 limitation of time 71 215 Register to be kept by council 33 208 for Canada 37 209 Alberta medical '. 33 208 Registration, duties of registrar 34 208 who may be registered 35 209 erasure of names 36, 49 209, 211 fees for 38 210 name erased for misconduct 36, 49 209, 211 restoration of name erased 50 211 certificate required by law 62 213 evidence of 65, 70 214, 215 pending application for 74 216 Rights of medical practitioners 58-62 213 MINES ACT (Chapter 4)— 1913 (1st Sess.) 1211 Act, posting of 126 1247 Ambulances 85 1237 Animals in mine 115 1244 AppHcation of Act 3 1211 dispute as to 3 1211 as 1 o mines entered otherwise than by shaft 12 1215 Application for certificate 20 1217 Accident, form of notice of . . •. Sched. A 1250 Abandoned mines 47 1225 reiurn as to 43 1224 fencing 47 1225 plans of 48 1225 Banksmen 122 1245 Boreholes 66 1234 Books 91 1238 Brakes 79 1236 Boilers 81 1236 Cars in 105, 118, 1239, 1244 Checkers 40 1223 Cagers 119 1245 Check-weigher 36 1222 appointment of 36 1222 interference with 37 1222 payment of 38 1222 removal of 39 1223 Certificates 21 _ 1218 of age to be given by teacher 7 1213 issue of 21 1218 application for 20 1217 restoration of 32 1220 examination for 22 1218 loss of 33 1221 registers of holders of 23 1218 cancellation of 31 1220 Certified persons 26 1218 Commencement of Act 141 1243 Coroners' inquests 56 1229 Damage to property 86 1237 Detonators 65 1233 use of 65 1233 how kept 65 1233 Driver's boss 116 1244 1693 INDEX MINES ACT — Cmlinued. sec. page Explosives 65 1233 storing 65 1233 precautions as to use of 65 1233 thawing 65 (14)1234 Employment of persons 5 1212 boys, women and girls 6 1212 below groimd & 1213 Examiner of mine 110 1240 Examiners, board of 16 1216 appointment of 17 1216 district of 17 1216 rules 18 1217 fees 19 1217 granting certificates 20 1217 Examination 21 1218 result of 21 1218 certificates of 21 1218 nature of 22 1218 Fetioing mines 61 1231 machinery 80 1236 Forms, regulations as to 138 1249 Gas in mine, inspection for 59 1230 when found 59 1230 when not found 60 1231 inspection for 59 1230 withdrawal of workmen when 63 1231 Haulage roads 118 1244 Information for Minister 136 1249 Intoxicated persons not allowed in mine 100 1239 Intoxicating liquor not allowed in mine 100 1239 Instructions not expressed, provided for ; 125 1247 Incompetency of person holding certificate 30 1220 inquiry as to : 30 1220 Inspection. ." 63-68, 1231-36 Inspectors 1226 appointment of 49 1226 nolice in Alberta Gazette of appointment 49 (3) 1226 duties of 50 1227 not to act as engineer or manager 49 (4) 1227 annual report of 50 (2) 1227 posting copy of report 50 (3) 1227 powers of .' 51 1227 obstruction of 52 1227 to give notice of defects 53 1227 Investigations 54 1228 how held 54 1228 ■who by 54 (2) 1228 powers of inspector on 54 (4) 1228 fees on 54 (5) 1228 Ladders : . . . 84 1237 Lampmen 112 1242 Lights 104 1239 Manholes 69 1235 Machinery, inspection of 82 1237 Mine, authority to enter 88 1237 Manager '. 108 1239 Notices 44 1224 'of change in name 46 1225 how served 127 1248 form of notice of explosion or accident 1250 Orders in council respecting mines 1250 Outside foreman 120 1245 duties of 120 1245 Onsetter 119 i245 Orders not expressly provided for 125 1247 Outlets 13 15 1215 1216 smgle 13 1215 second 13 1215 exceptions to provisions I5 12I6 Persons in mine without authority 88 1237 1694 INDEX MINES ACT— Core«mi'■ 413 • ; ' Destruoiion of weeds. . ......;.:.' . : ...■.:'.■.'. . .'. .'.,. : ,r. . .,.v*. . "' , 5 •; ■■■' 413 ' ' Threshing machines ...........:....'.■.....■...-... 16-18' 415 , . Penalties ; . .' ;v^:-, /A .'. .^ .-Si^ .^- lfl-20 415 . ■::■ .:ii.. ■ , o :^X ■■■' "-v''''" OFFICIAL AUDITORS (Chapter 10)— 1909 . ''.'.'T . . . '. '! ,' ■''; 1-3' 738 ■ I Appointment "'*' 1 -v 738 . ' Duties , . , , 2 ■ "■ 738 ; Fees , ,...>. ,. 3' 738 ORDERS- IN COUNCIL RP:SPECTING— ..;-.,.. .,, ■..■,., - (a) Siabdivision of land . . . .• :.'..■ i'.',. ...... •;: ,■„., 77 (b) Lahd titles fees :] .■•.■.,. . ;; -'^u 188 (c) Judicial districts . / :;r,:-.:'^ 244 (d) Registration districts .11; . . .; r-:,<-.';'"-.C - 250 (e) Masters in Chambers .i. , . -..':,';...' . 254 (/) Rules of court " 255 (g) Exporting foxes , 409 (h) Appointment of official auditors . . . . ' ;.;... ' ' 738 (i) Public health ' ' ' 870 {]') Construction and inspection of boilers , 1114 (■'■0 Early closing by-law.s .' ; .;,, . '. , , 1186 (I) Pool room fees .:.... 1189 • (to) Theatre fees and regulations ^. ,■■ . 1192 (n) Mines using explosives and electricity ...,. ..j.. -. '•. 1250 PARTNERSHIPS, An Act respecting (Chapter 5).— 1908 : Registration of co-partnership. . . ." ,, Declaration to be filed , . , Where parties absent , ,,.,,..,,, Contents of declaration , , , , . . ./. , ... Time of filing ,...,,,,.. i Changes in fiim , , , ,.,,....,..... Person using trade name ,.,.,.,■.. 4,,5 Contents of individual declaration , . , ,..,.,,. 5 Registration books 6-8 Firm index book Individual index book Penalty for nonregistration Effect of declaration Liability of persons signing Failure to declare ,......, Partner's rights Dissolution of partnership. Fees , , . , \ Schedule 1697 471 1 471 1 471 1 471 2 471 .3 471 3 471 :„5 . 472 5 472 ;-8 472 7 472 8 472 9 472 10 473 11 473 11 473 11 473 12 473 13 473 474 INDEX • SEC. PAGE PATRIOTIC CONTRIBUTION ACT (Chapter 16)— 1914 1488 Accounting 3 1488 Administration 4 1488 Contribution 2 1488 Distribution 4 1488 Repeal 5 1488 PENALTIES, An Act respecting the Remission of Certain (Chapter 3)— 1908 1,2 470 PETITION OP RIGHT ACT (Chapter 20)— 1906 100 Costs against suppliant 17 103 for suppliant 18 103 secimty for 4 101 Defence by third party 7 101 Interpretation of expressions: '^Court" 2(a) 100 "Judge" • 2(6) 100 "Relief" ■ 2 (c) 100 Judgment 15, 16 102 against Crown, enforcing 19, 20 103 Petition, form and contents of 3 100 Pleadings 8-10 101 Practice 11, 12 102 Real estate, notice to last occupant of 6 101 Saving clause 21 104 Trial of issues 14 102 PLUMBING, Regulations by Orders in Council under Public Health Act respecting Plumbing in Houses POISONS, An Act respecting (Chapter 19)— 1908 595 Putting out poison 1,2 595 Schedule 596 POOL ROOM ACT (Chapter 24)— 1911-12 1187 By-laws 4 1188 Act to prevail over in case of conflict 12 1188 Interpretation 2 1187 Pool room 2 (1) 1187 closing hour of 4 1188 drunkenness and swearing prohibited in 5 1188 proprietor of and his servants liable 6 1188 no person under 17 allowed to play in 3 1187 Penalties 7-8 1188 apphcation of 10 1188 Criminal Code ajjpUcable to procedure to enforce 9 1188 Regulations (set out in full) 13 1189 Rights to certiorari taken away 11 1188 PRIVATE ACTS: Table showing when the same were passed 1619 PRIVATE DITCHES ACT (Chapter 6)— 1913 (1st Sess.) 1312 Appeal 21 1318 clerk's duties on 21 (3) 1318 powers of judge on 21 (7) 1319 notice of 21 (2) 1318 Award, appeal from 21 1318 of engineer 17 1317 notice of appeal from 21 (2) 1318 powers of judge as to amendment of 21 (7) 1319 reconsidering 36 1323 enforcement of as amended 21 (9) 1319 may be referred back 22 1319 defects in ' ' ' ' 23 1319 Costs 26 1320 Ditches, construction of 4 1313 hmit to cost of 3 1313 lands liable for \]\[ 4 1313 notice to owners affected 6 1313 1698 INDEX PRIVATE DITCHES kCT—ConUnued. sec. page covering ; 32 1322 deepening...: 32' 1322 maintenance of 33 1322 proceedings relating to widening 35 1322 widening 32 1322 Engineer, letting work on noncompliance with award 27 1320 extension of time for compliance given by 27 (2) 1320 certificates 28 1321 payment of amount on certificate of 30 (2) 1321 letting contracts for heavy work 30 1321 payment of 30 (2) 1321 Fees 25 (2) 1320 Forms 1323 use of 38 1323 "A" 5 1313 "B" ;. 6 1313 "C" 7 1314 "D" 11 1314 "E" 12 (3) 1315 "F" 13 1316 "G" 15 (2) 1316 "H" 28 1321 Informalities not to invalidate proceedings 8 1314 Interpretation 2 1312 Judge 21 1318 powers of 21 1318 Maintenance 34 1322 Owners affected 5 1313 declaration by 5 1313 desiring to use ditch 31 1322 notice to 6 1313 agreement with 7 1314 meetings of ^ 9 1314 Ownership, declaration of 5 1313 Proceedings for widening 35 1322 Proceedings for reconsidering award 36 1323 Secretary-treasurer, duties of 21 1318 Service, mode of 14 1315 of notices 14 1315 PaOCLAMATIONS— Supreme Court Act, 1907 244 District Courts Act, 1907 268 Legal Profession Act, 1907 462 Kings' Counsel Act, 1907 , 464 Childreb's Protection Act, 1909 762 Alberta and Great Waterways (Repeal) Act, 1913 (2nd Sess.) . . 1386 Controverted Municipal Elections Act, 1911-12 1181 Theatres Acl^ 1911-12 1192 Juvenile Courts Act, 1913 (2nd Sess.) 1416 PROVINCIAL LOANS ACT— Chapter 10, 1910 (2nd Sess.) 854 Chapter 12, 1910 (2nd Sess.) 859 Chapter 21, 1911-12 1182 Chapter 21, 1913 (1st Sess.) 1376 Chapter 29, 1913 (2nd Sess.) 1445 Chapter 25, 1914 1494 Chapter 9, 1915 1565 PROVINCIAL LOANS ACT— (Chapter 10)— 1910 (2nd Sess.).. . 853 Authorization of payments by Provincial Treasurer 6 (2) 856 Authorization by Legislature 4 854 Arrangements may be made restricting accrued interest 13 857 All money raised to form part of general revenue. 9 856 Debts not to be increased with authority of Legislature 11 857 Exchequer or Treasury Bills'. 4 (d) 855 . Form of debt may be changed 7 856 "..- Government securities free from provincial and municipal taxes. 10 856 ;' Hypothecation 4 (e) 856 1699 :■■•)•!>■; INDEX PJIPVINQIAL LOANS ACT—Cmiinued, '*''" ^-^ ,;: V:'ji ^ec,.; page .■■{-: How loans can be raised '. t .'.'.' T'„ ;'4^(1) 854 ,;i>.Issue^f debentures '. . . J,,,jj'.4-(a) 855 : ,.v 7,-gt(jck. ^.. ,-,,..,.,.;,- ,. .„„ ,, ..,., . . .,. ..:,jRecondp of securities ."."■'. .„ 4 (/) 855 Regulations :.'... 3, 8 854, 856 _',, Report of Provincial Treasurer,.. ... J :-..-■, itWi.,-.' 4(9) 85^ t,j:!.-.Sinkii!g_^und ,..,,,.,..,,.,,,, ,... „:4.1 4(2) 855 .;, jiSecurjiSes previously issued ,. 12 857 -■ ■ \ ^ Efi,OVIN^AL SECRETARY'S DEPARTMENT ACT (Chapter 'J.^ 7^--1906 : ; . , • 57 ,^{;.;, Organization 2 .'■ • 57 Duties : 3 (a) 57 ... Secretary to be registrar ; 4 '57 i I Officers and clerks 5 '. 58 ; -! Fees, .< : 6' , , . 58 , . \ Repeal of provisions inconsistent with Act 7 ■' 58 PUBLIC eUILDINGS .(EGRESS) ACT (Chapter 26)— 1911-12.. . 1199 PUBLIC HEALTH ACT (Chapter 17)— iblO (2nd Sess.) '861 , Elections, suspension of „ 21 • 868. ..-...' Healtfe;districts ' 2:S 869 X: Inspection of works. ,, 14 • .. 867 ,,y Interpretation , , 2 861 ,;^ ' Contagious disease '. 2(11) 862 ■>• E^iecutive officer ... 2 (5) 861 ■;-• House • : 2(7) 861 .,:' Householder ,.,, , 2 (10) 861 ■;.;:', Infectious disease - „ .■■■. , . 2 (li). 862 iC Lpcal board .■ , 2 (2) 861 ,.(• Medical officer of health. ,, 2 (4> ' 861 ■!■ Minister 2 (8),; 861 -: Owner 2 (9), 861 Provincial board , ..,,.-. ....... 2 (1) 861 Provincial officer of health - (3) 861 Registered medical practitioner i 2 (13) 862 ex • Street r 2 (6) 861 »\ Supreme Court ^ 2 (12) 862 Xf Local boards T .,,, 22 869 ify composition ■....!. 22 (2) 869 ;.; expenses [ . 9 865 medical health officer 19 868 r quorum 22 (4) 869 responsibib'ties ' 22 869 Medical officer of health , . . ^ 19 868 notice of appointment > . . . . 18 ' 868 notification to appoint , , 17 868 temporary appointment 16 17 868 vacancy ,...'.".'//.'.'.'. '20 868 Offences . 27, 28 870 Jr'ayment of expenses 9 ggs adjustment between boards ,,,[', 10 865 Penalties , ' ' 29 870 Provincial Board of Health .................].'... 3 862 acting chairman ;........ ' 4 862 by-laws '..'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..'. 5 ,862 chairman 3 §52 expenses '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..'.[ 9 865 ., functions g 8g2 meetings '.■'.'■'.'.'.'.'.'.'.'.'.'.'.'.'. '.I'. '.'.'. '..'..'. 5 862 membership g gg2 orders and regulations ....]..][.'. .y.. 8 864 orders conflicting with present Acts in force ...'.['........ 25 869 1700 INDEX PUBLIC HEALTH ACT— Continued. sec. page organization 3 862 powers 7 863 quorum 5 862 responsible in local improvement districts 22 (5) 869 Provincial Medical Health OflBcer, duties 15 867 Publication of orders 8 864 Repeal 33 870 Regulations (set out in full) 870-898 Sewerage systems, establishment, extension cr alteration 12 866 by-law not to be voted on without certificate 13 867 inspection of works 14 867 PUBLIC LIBRARIES ACT (Chapter 17)— 1907 ' 424 Short title; establishment of public libraries 1, 2 424 Special rate and assessment 30 428 Debentures 31 428 Application of amount levied , 33 428 Aid to public libraries 34 428 Schedule 430 PUBLIC PRINTING (Chapter 9)— 1906 61 Appointment of King's Printer 1 61 PubUcation of Gazette, Acts, etc 2 61 Advertisements, etc., in Gazette 4, 5 61 Purchase of stationery, supplies, etc '9 62 Printing regulations 15 62 Repeal of provisions inconsistent with Act 8 61 PUBLIC SERVICE ACT (Chapter 4)— 1906 35 Absence, leave of 28 39 Application of Act to certain officers of Supreme Court 5 36 to employees of the Legislative Assembly 6 36 to PubUc Service 5 35 Appointments, acting head or officer, etc 13 37 how made 12 37 Clerk of the Legislative Assembly 4 35 Departments of the Public Service 4 35 management of 9, 10 36 Divisions of the Public Service, inside and outside 20 38 Extra services, no payment allowed for 25 38 Hours of attendance 23 38 Interpretation of words and phrases: "Employee" 3 35 "Head," "head of department" 2 35 Leave of absence 28 39 Management of departments 9, 10 36 Oaths of allegiance and oflfice 14 37 Officials, precedence of in departments 19 38 required 21 38 suspension of 26 39 Organization, divisions of departments into branches 20 38 Precedence of officials 19 38 Payment for extra services, none allowed 25 38 Public Service, departments 4 35 References to public departments, etc., in Ordinances 30 (o) 39 Repeal of provisions inconsistent with this Act 31 39 Rules and regulations may be made 29 39 Salaries .' 18 38 no apphcation for increase of, to be made 27 39 Suspension of officials 26 39 Transfer of clerks from one department to another 24 38 PUBLIC UTILITIES ACT (Chapter 6)— 1915 1510 Acquisition of property to be approved 88 1531 Apphcation of Act to 3 , 1510 (o) Provincial public, utilities 3 (o) 1510 (6) Cdrporafte pubUo utilities , 3 (6) 1511 , : . (c) Municipal pubhc utilities 3 (c) 1511 ' Application of Act after passing by-law 4 1511 Age a disquaUfication at seventy 8 1512 1701 JNDEX PUBLIC UTILITIES ACT— Continued. sec. , page Access to books • 23 (6) 1515 Adjustment of rates 23 (c), 32 1515, 1520 Abandonment of railway must have approval of board 34 1520 Attorney General may be complainant 40 1522 may enforce orders by dissolving utility 56 1525 Alberta GazeUe 38, 42 1521; 1522 Annual report 67 1527 Authorization of loans ^ 88, 89 1631 Appeal 69-76 1527-9 Auditor's powers 98 1532 By-law consenting to extension into another municipality 31 (5) 1520 By-law authorizing loan, procedure 89 1531 bringing utility under Act: 77, 3 (c), 3 (c) 1529, 1511 a,pproved by Lieutenant Governor in Council 77. . 1529 Board: interpretation 2 (a) 1510 experts recommended by 12 1512 remuneration of members 17 1513 . powers of 23, 27, 86 1515, 1517, 1530 orders of general supervision 21 1515 may require statements under oath 28 - 1517 to authorize transfers of shares 30 1519 rules of practice may be made by 41 1522 additional powers 86 1530 Badge of identification 31 (4) 1520 Borrowing powers restricted 88, 89, 90 • 1531 village 90 1531 rural municipalities. .. 90 1531 school board : ; 91 ■ 1531 applications to exercise 92 1531 affecting public health matters 95 1632 Capitalization of franchise. . .,'. 29 (6) 1518 Charter, interpretation 2 (c) 1510 Copies of orders certified by Secretary 14 (3) 1512 Crossings of railways and highways to be approved 35, 36 1521 Costs 44 1522 Costs of taking possession 55 1525 Commission board 5 1511 to be coxui; of record 5 1511 CompUance, substantial 68 1627 Commissioners : number of 5 1511 appointment of 5, 6 1511 removal of 6 1511 chairman of 5 1511 term of oflice 6, 7 1511-2 must devote whole time to duties 6 1511 cannot hold interest in public utility 6 (o) 1611 must not be interested in patent 6 (6) 1611 cease to hold pflSce at seventy years of age 7 1612 residence of 9 1512 disqualifications ! !6, 7, 9 1511,1512 sittmgs 1011 1512 remuneration 17 1513 expenses of travelling I9 1513 Commission, evidence on [\ 43 1522 Complaints by Attorney General. ^ 40 1622 Constitutional questions 79 1529 Duties, whole time to be devoted by commissioners. . . 6 1511 of secretary I4 1512 C^ontempt of court 44 47 1522,1630 Discrimination, regulating 23 (c) 1516 forbidden 29 (4) 1618 Damage, unnecessary, payable by utihty 31 (2) 1520 Default may be remedied and expense charged . 53 1524 Dissolvmg public utih'ty 56 1525 Debentures of local authorities '.'.'.'.'.. '.'.'.'.'.'.'.'.'.'.'.'.'.'.86,96 1530,1532 Experts 12 1512 Lieutenant Governor appoints .[.[.....].. 12 1512 board may recommend 12 1512 1702 INDEX PUBLIC UTILITIES kCT—Cordinued. sec. page Expenses 19 1513 Employees, safety and protection of 23 (6) 1515 Enforcement of Act 39, 52, 63 1521, 1524 Enforcement of orders '. . 54, 55 1624^5 Evidence on commission 43 1522 by employee 47 1622 generally 44 1522 by affidavit 46 1622 technical rules of do not apply 46 1522 excuse from testifying , 47 1522 orders of board to be 65, 66 1526-7 attendance to give 44, 87 1522,1530 Fees 14 (3), 65, 100 1512, 1526, 1533 Franchise capitulation 29 (/) 1618 sale, lease, mortgage of 29 (j) 1519 grant to have approval of board 37 1621 Grade crossings 36 1521 Gates at crossings 36 1621 Highway across tracks must be approved by board 35 1521 Hearings subject to rules but not technical rules of evidence. . . 46 1622 Inspectors, powers of 99 1533 Inspection of works 60 1623 of local authorities' undertakings 99 1533 Intervenant 39 1621 Interpretation 2 1510 '^Board" 2 (a) 1510 "Public utiUty" 2 (6) 1610 "Charter" 2 (c) 1510 "Local authority" 2 (d) 1510 Inquiries by experts 12 1612 by board 21 1515 generaUy 23 (o), 48 1615, 1623 powers of board on 50, 86 (3) 1523, 1530 • Information for board 28 1517 Identification badge ' ." 31 (4) 1519 Incriminating statements 47 1522 Immunity from giving evidence 47 1522 Judicial notice 5 1511 of seal 5 1511 Jurisdiction of board 20 1513 in transportation matters 20 (a) 1513 on complaints as to toUs 20 (6) 1613 as to right of pubhc utility to enter municipaUty 20 (c) 1514 as to extension of systems 20 (d) 1514 as to contestation between municipality and pubhc utility. 20 (e) 1614 on failure of service by pubhc utUity 20 (/) 1514 as to highways and user thereof. . . , 20 (p) 1514 not prevented by receiver being in possession . ; 22 1515 Junctions and sidetrack connections 23 (/i) 1516 Joint user of poles, conduits and equipment 24 1616 Land titles office, procedure to register order 54 (2) 1624 Land titles office to furnish information free 87 1530 Liabihty of officials 16 1613 Local authority: assets and habihties of 86 1630 interpretation 2 (d) 1510 regulated by board 86 1530 loans supervised 86 1630 supervision of expenditure of 99 1533 Lieutenant Governor in CouncU: order of after by-law 4 1511 appoints commissioners 5 1511 sittings of board fixed by 10, 11 1612 experts appointed by 12 1512 secretary appointed by 13 1612 fees prescribed by 14 (3), 100 1512, 1533 remuneration of officials fixed by 17, 18 1513 approval of municipal by-law 77 1629 rules by :. 101 1533 1703 INDEX PUBLIC UTILITIES kCT— Continued. sec. page Loans by local authorities 86 1530 city or town 89 1531 Merger. ' 29 (/), 38 1518, 1521 Municipal supervision of openings in streets 31 (e) 1519 Municipal franchise grants subject to approval of board 39 1521 Oaths 50 1523 Orders as to: records 27 (d) 1517 report of finances and operations 27 (e) 1517 depreciation account 27 (/) 1517 aipcidents and notice thereof 27 (g) 1517 statements for information of board 28 1517 inquiries by individual 48 1523 municipal corporation doing certain acts 52 1524 payment of money '....., 54 (2) 1524 compensation 59 1526 ia) Joint user of equipment ■. 24 1516 ,U>) Span wires of street railway companies 25 1516 (c) Complying with laws of province 27 (o) 1517 (d) Maintaining and equipping utility 27 (6) 1517 (e) Furnishing service 27 (6) 1517 ■(/) Extension of service 27 (c) 1517 (g) Keeping books . 27 (d) 1517 Orders, urgency^ 61 1526 copies of 14 (3) 1512 enforcement of ,,,,,,, 44, 55 1522,1525 service of 51 1523 ' variation 62 1526 Officials, liabiUty of 16 1513 remuneration of 17 1613 other than members of staff 18 1513 to obey order of board 49 1523 Operation of orders , 51 1523 Ornamental trees not to be cut 31 (b) 1519 Proclamation 102 1533 Penalties 80-85 1529-30 Public Health Act appUes in part 95 1532 Procedure 39, 52, 64, 78, 93 152] ,'24,'26,'29,'32 rules to be published 41 1522 on inquiries 50 1523 to enforce orders 54, 55 1524 Public utility, interpretation 2 (d) 1510 to notify officers of orders 63 1526 restriction of powers of 29 1518 Provisional order 57 1525 Powers of board 23, 44, 52 1515, 1522, 1524 Poles to be straight .^, , ' 31 (c) 1519 temporary removal of .* 31 (/) 1520 compensation not to be paid utility unless ordered by board. 31 (3) 1520 Provincial auditors, powers , 98 1532 Production of documents , . ,. 44, 47 1522 Possession of property of public utility 55 1525 Proof of documents 66 1527 Questions as to validity of Act ...,,........: ^ .. . 79 1-629 Rural Municipality Act applies in part .,,.... 90 1531 Report to Legislative Assembly 67 1525 Rules of practice .'.'..'..'. 41, 101 1522,1533 publication of 41 1522 Regulations . ! 41, loi 1522,1533 Rehearing ; .^ 62. 1526 Railway crossings to be approved by board 36 1521 Railway abandonment must have approval of board 34- 1520 Records ^ 14 1512 Rules of practice 14 . : 1512 Remuneration of officials '' " 17-19 1513 Receiver in possession of .utility, position of ! 22 1515 Rates, adjustment of , ,.:.;; 23 (c), 32 1515, 1520 application for raising 26-32 l516-'20 . Restrictions of powers of public utilities , 29 ' 1518 Restrictions of water, gas, heat, light and power companies 31 1519 1704 INDEX /3>;i: ' ! PUBLIC UTILITIES ACT— Cmtinued. sec. page ■'^'' Restrictions, telegraph, telephone and transmissicin .' ; . . . .■. , .h'. i '31 ''lSi9 ''■''■ Short title :.:K'\'.'. .. . i'. : ." fti : i : 1510 ':;:,■ Seal V'.'..' .'''5 ,, 1511 ' i' ■ Sittings ofcdinmissioners 10-11' 1512 ' ' Secretary ■ • •■• ' • ■''• '■ ;••":■', '. . ;• 13 ''• 1512 appointment of . . ....... . . Vi. . ..'.;);.:. ... .if,< .■';']. . .'■... rf • • • "Surveyor" ^ "Written" or "writing" Lands required for public works expropriation of lands entering lands taking possession deposit or removal of material notice of roads drains divert streams or roads divert pipes, wires, poles removing fences constructing ditches obligation of land-owner sidings, conduits or tracks , right of way survey and plan plan to be approved by chief engineer ^ application to judge for vesting order notice of compensation claim for increased compensation compensation by arbitration in cases of disagreement Maps and plans Official valuators ,. Opening of roads on petition, and payment of expenses Organization and duties of department Other works may be declared public works Powers and duties of Minister Private ferries Protection of public works Public feiries Public property not required may be disposed of Public works, control of , Records, evidence on •. Registration of plans (See Regulations) . . .' Regulations Repeal of all provisions inconsistent with Act Surveys .\ . Valuators, official Verification of accounts , SEC. PAGE 2(12) 64 2(1) 63 2<3) 63 2(5) 63 2(11) 63 2(11) 63 2(6) 63 2(20) 64 2(22) 64 • 2(21) 64 2(13) 64 2(2) 63 2(16) 64 2(18) 64 2(17) 64 2(19) 64 2(10) 63 2(14) 64 2(7) 63 2(9) 63 2(23) 64 2(8) 63 2(15) 64 31 69 31 69 31(2) 70 31(3) 70 31(4) 70 31(5) 70 31(6) 70 31(7) 70 31(8) 70 32 70 32 70 32 70 33 70 33 70 34 71 35 71 36 71 37 71 38 71 39 72 35 71 41 73 63 77 3 64 13 66 3-9 65 47 74 60, 61 75, 76 46 74 12-15 66-67 15 67 12 66 21 68 77-79 77 65 77 27-30 69 41 73 10 65 QUESTIONS AS TO VALIDITY OF PROVINCIAL STATUTES and other Constitutional Matters 1706 480 INDEX R SEC. PAGB RAILWAY ACT (Chapter 8)— 1907 .295 Dividends 43-45 303 Shares 46-61 303-6 Bonds, mortgages and borrowing powers 62-68 306-9 Limitation of time for construction 68 309 Powers of company, general 69 ' 309 Construction of railway 71 310 Location of line 72 311 Taking or using land 81 316 Lands and their valuation 83 316 Powers to take materials for consideration 91 317 Powers re sidings, snow fences and condmt 91 (2) 317 Expropriation proceedings after deposit of plan 99 319 Service of notice 101 319 Consideration of increased value of land 107 321 Costs of arbitration 118-20 (4) 324 Appeal from award 114 323 Branch lines 121 325 ■ Railway crossings and junctions 122-6 326 Navigation, bridges, etc 127 326 Highway crossings 131 327 Farm crossings 138 328 Telegraph and telephone lines 139 329 Drainage 142 330 Switches and sidings to industries 143 330 Fences, gates and cattle guards 144 331 Bridges, tunnels and other structures 151 332 Wages of labourers 153 333 Inspecting engineers 155 334 Inspection of the railway before opening 156 334 Trains 160 336 Equipment, brakes and couplers 160-1 336-7 Safety chains and apphances, qualification of drivers 163 338 Duties respecting transportation, accommodation 168 339 Excess baggage, transportation of dangerous goods 174 340 • Swing bridges, hi^way crossing 177 340 Rate of speed in city 181 341 Notice at station 185 342 Use of railway by Dominion Government 186 343 ^ Members of Legislature to be carried free 187 343 ' "Sleeping and parlour cars = 188 343 Accidents 189 344 Cattle, fires 190-12 344r-5 Purchase of railway by person without power to operate 193 345 Passenger Conductors to be constables 194 346 Limitation of actions 198 347 By-laws, riJes and regulations 199 347 Tolls, by-laws 206 348 Discrimination 207 348 Express compames, collection of toUs, interchange of traffic. . . .210-12 351 Offences and penalties 213 352 jRetums and statistics 224 354 Acquisition of railways by the province 233 356 General 239 358 Street cars not to operate on Sxmday . 241 359 Companies Ordinance applicable in part 240 358 RAILWAY TAXATION ACT (Chapter 30)— 1906 218 Date pf^coming into force of Act 11 220 Mileage, when fixed by Lieutenant Governor 7 219 PajTnent of taxes, date of ....... ! 9 219 provision in default of 10 219 Rate of tax to bo levied 8 219 , , Statement by railway to Provincial Treasurer. 4 218 Taxation of railways on actual value '. 1 218 ' Value, ascertaining of 3 218 basis of taxation 3 218 1707 1142 5 1142 2 1142 2 1142 3 1142 '4 1142 6 1142 ''mi)5Ex RAILWAYS AND TELEPHONES DEPARTMENT ACT (Chap- ter 10)— 1911-12 ■; . , .. . . :.....■; ..':•.;.-' Organization .'.';•■ Powers and duties of department. ........::..;,... I ....... .' ■ Department of Railways and Te)ephones Created Jurisdiction over railways J Jurisdiction over telephones and telegraphs , Ifailivdy Act amended (See Railway Act) REFORMATION ACT (Chapter 11)— 1908 488 REGULATIONS— , . Public Works Act, 1906, respecting subdivision of land 77 Real Property Act, 1906, respecting tariff of fees 198 Supreime Court Act, 1907, respecting judicial and registration districts, masters in chambers and rules of court 244 Game Act, 1907, respecting — . (a) Export of foxes 409 (6) Fees for permits 411 Workmen's Compensation Act, 1908, respecting — (a) Medical referees '. 508 (6) Workmen's compensation rules 521 PubUc Health Act,. 1910, respecting all pubUc health matters.. . 870 Subdivision of lands 77 Boilers, their construction and inspection 1114 Early Closing by-laws 1186 Pool room licenses.' 1189 Theatres 1192 Mines using explosives and electricity 1250 School Grants Act, 1913 (2nd Sess.) 1421 RELIEF OF MARRIED WOMEN (Chapter 18)— 1910 (2nd Sess.) 1 - 899 RELIEF OF SCHOOL DISTRICTS (Chapter 11)— 1914 1483 RELIEF OF SPRINGBANK IRRIGATION DISTRICT (Chap- ter 26)— 1914 1495 REMISSION OF PENALTIES, An Act respecting Certain (Chap- ter 3)— 1908 1-2 470 Lieutenant Governor in Council may remit 1 470 Statement for Legislative Assembly 2 470 REVENUE ACT— Chapter 30, 1906 218 Chapter 10, 1910 (2nd Sess.) 854 Chapter 12, 1910 (2nd Sess.) 859 , Chapter 21, 1911-12 1182 * Chapter 21, 1913 (1st Sess.) 1376 Chapter 29, 1913 (2nd Sess.) 1445 Chapter 25, 1914 1494 RURAL MUNICIPALITY ACT (Chapter 3)— 1911-12 1 1006 Area and boundaiies of municipalities ,■ 8 1008 Area of municipality 8 1008 Map of municipalities 9 1009 Cities, towns or villages not included 10 1009 Map open to inspection (See alterations in boundaries and boundaries) 11 1009 Alterations in boundaries of municipalities 38 1011 Adjustment of matters in case of change of boundaries 39 1011 Appointed councillors 79 1018 IVJinister may appoint councillor : . . . 79 1018 Lieutenant Governor in Council may appoint whole council. 80 1018 Auditor. igi 1044 A,udi1or's reports 182 1044 Inspections of auditor's reports ■ 183 1044 Abstract of receipts, expenditures, etc., for the year 183 1044 Auditor's declaration of ofi&ce :..'.....' 184 1044 1708 INDEX RURAL MUNICIPALITY ACT— Continued. sec. page Assessment 249 1064 Assessment to be of land only 249 1064 Exemptions 250 1064 Assessments to be made prior to 1st June in each year. . . . 251 1064 Form of assessment roU 1065 Mode of assessment 252 1066 Provisions of hamlet • 253 1066 Information for assessor 254 1066 Penalty 254 (2) 1066 Where owner is unknown 255 1066 Fraudulent assessment 256 1066 MaiUng of notice 257 1066 Posting of notice 258 1067 Form , 258 1067 Notice of assessment '.'....'. 259 1067 Error in form of assessment notice. ..'. 260 1067 Complaints against assessment , 261 1067 Form of notice of appeal , 262 1067 Notice of hearing 263 1067 When meeting held 264 1068 Time of notice 265 1068 Court of revision 266 1068 List of appeals 267 1068 'Clerk 268 1068 Conduct of hearing 269 1068 Non-appearance .• 270 1068 Evidence 271 1069 Termination of sittings 272 1069 Amendment of roll 273 1069 Adoption of roll 274 1069 Correct ion of errors (See Appeal from Court of Revision). . 275 1069 Assessor {See Assessment) 251 1064 Appeal from court of revision to judge 276 1069 Appeal lies to judge 276 1069 Notice of appeal 277 1069 Secretary to notify judge. 278 1069 Notice to parties 279 1069 Notice qf appeals 280 1070 Clerk of court 281 1070 Adjournment of court 282 1070 Production and amendment of roll 283 1070 Witnesses 283 (2) 1070 Costs 285 1070 Taxation 286 1070 Decision of judge final 287 1071 Council may order addition to roU 288 1071 Notice to persons affected by correction of roll 289 1071 Binding effect of amended roU 290 1071 Evidence of roll 291 1071 Actions by and against municipality 324 1088 Rights as in proceedings by Attorney General 324 1083 Notice of action in certain cases 325 1083 Tender of amends.' 326 1083 Disqualification of member not to invalidate proceedings (See Highways and Public Places and Hail Insurance). 327 1084 Bonuses. . , 197 1050 Prohibited.. 197 1050 Boundaries : . . . 8 1008 How defined... , 8 1008 How errors in boundaries rectified 40, 41 1012 By-laws , 185 1045 By-law to be under seal. 186 1045 ii I Three readings required.. , 186 1045 . . -Validation of by4aws 187 1045 : t Assent of electors and Minister to inoney by-laws ........ 188 1045 1 i Council may do omitted work required under any by-law. : • ' 189 1045 Evidence of by-law (See Quashing of by-laws, infraction ^f ; by-laws) ,.......'... " • 190 1045 ' Council •.■■■■•. ,. • :., ■ 47 1013 • Constitution of .'.,■...,.. 47 1013 ,1709 •■ • INDEX RURAL MUNICIPALITY ACT— ConHnued. sec. page Council may be elected by divisions 48 1013 Payment of 74 1017 Committee of (See Meetings of Coxmcils, Powers and Duties of Council) 75 1018 Change of name 53, 54 1014 Effect of change 54 1014 Care of sick 221-4 1058 Demand by hospital board 222 1058 Recovery of pajrment from patient 222 l058 Agreement between council and board 224 1058 Councillors 47 1013 terms of oflBoe of 49 1014 resigpation of 76 1018 quaUfioation of 92 1021 Disorganization of municipality 43 1012 Debentures (See Money by-laws) 227 1059 Dissolution of local improvement district 20, 340 1010,1085 Disposition of assets and liabilities on dissolution of local im- provement district and disposition of assets, etc., of localimprovement district organized as a municipaUty. 340 1085 Minister to settle disputes 341 1085 Expenditures, apportionment of between divisions Executions against rural municipalities 338 . 1084 Procedure on writs of execution in- sheriff's hands. ■. 338 1084 Copy writ to be delivered to treasurer ; 338 (1) 1084 Demand for payment ; 338 (1) 1084 Execution rate 338 (2) 1084 Sheriff's precept to treasurer 338 (3) 1084 Levy of special rate 338 (4) 1084 Surplus 338 (5) 1084 Treasurer's percentage 338 (6) 1084 Treasurer and assessor officers of court 338 (7) 1084 Electors 125 1029 qualification of (jSee Resident Elector and Joint Owners) . . 125 1029 ' Elections. 81 1019 Voters'list 85 1019 Particulars - 8"6 1020 Treasurer's certificate 87 1020 Copy of list to be posted in treasurer's office 88 1020 Revision of list 89 1021 Penalty for treasurer 90 1021 Election official's declaration 99 1023 Meetings for nomination of councU 101 1024 Council to make provision for election 95 1023 Place of nomination ,. 96 1023 Place of polling 97 1023 Hour of meeting 98 1023 Posting notices 100 1024 Notice for nomination for elections 100 1024 Proceedings at nomination meeting 101 1024 Nomination 101 1024 Nomination in writing 102 1025 Statement of eligibility and consent 103 1025 Place and date of poll 104 1025 Withdrawal 105 1025 Notice that there wiU be no poll » 106 1025 Hour of poll 107 1026 Notice of poll 108 1026 Preparations for poU 109 1026 Poll clerk 109 1026 Ballot box 110 1026 Ballot papers Ill 1026 Printed or written : 112 1027 Form for councillor 113 1027 Supplies for deputy returning officers 115 1027 Directions for voters 116 1027 Proceedings at poll. 117 1028 Deputy returning offioM 117 1028 Voting compartment 118 1028 " Posting directions ;.. 119 1028 1710 Index RURAL MUNICIPALITY ACTI— Continued. sec. page Secretary to furnish copies of voters' list 120 1028 PoU boolc 121 1029 Agents 122 1029 Persons present in polling booth 123 1029 Proceedings at opening of poU 124 1029 Persons entitled to vote 125 1029 One vote for councillor 126 1030 Vote at special election 126 (2) 1030 Vote prior to first voters' hst 127 1030 Declaration of resident electors 127 1030 Voter's name must be on voters' list 128 1030 Voters must pay taxes 128 (2) 1031 Swearing voter on demand of agent 129 1031 Entry of oath on poll book. 130 1031 Refusal of voter to be sworn 131 1031 Deputy returning officer to initial ballot paper 132 1032 Explanation of methods of voting 133 1032 Incapacity of votef 134 1032 Penalty for omission to initial ballot paper 135 1032 Where to vote 136 1032 Penalty for double vote 137 1032 Evidence of voting : 138 1032 Method of voting 139 1033 Secrecy of vote 140 1033 Forfeiture of right to vote 141 1033 Voter may obtain second ballot paper 142 1033 Proceedings at close of poll 143 1033 Close of poU 143 1033 Opening ballot box 144 1034 Counting votes 144 (1) 1034 Objections to be noted 144 (2) 1034 Count 144 (3) 1034 Signed statement 144 (4) 1034 Certificate of count 144 (5) 1034 Sealing packets of ballot papers 144 (6) 1034 Statement of deputy returning officer 144 (7) 1034 Sealing ballot box 144 (8) 1035 DeUvery to returning oflicer 145 1035 Returning officer to count and sum up ballots 146 1035 Ballot box lost or destroyed 146 (2) 1035 Declaration of election 146 (3) 1035 Returning officer to have casting vote and no other. . . 147 1035 Transmission of baUot boxes, etc., to secretary 149 1035 Destruction of ballots 150 1036 Inspection 151 1036 Order for 152 1036 Secrecy of votes 160 1038 Candidate acting on his own behalf 161 1038 Candidates and agents 162 1038 Errors not affecting result 163 1039 PajTiient of election expenses 164 1039 Proceedings to be under Controverted Municipal Elections Act 165 1039 Offences and penalties 166 1039 Penalties 167 1039 Duties of election officers 168 1040 Penalty for displaying ballot 169 1040 Financial year 180 1042 First election of councillors 81 1019 Nomination meeting for first election 81 1019 Ajjpointments to conmiittee 82 1019 Minister may appoint person to supersede committee 83 1019 Returning officer to be secretary (See recount) 84 1019 Forms 4 1008 Deviation from 4 1008 Forfeiture of land for nonpayment of taxes 309 1077 Tax enforcement return 309 1077 Audit of tax enforcement return 310 1077 Return to be prima facie evidence 311 1077 Treasurer to collect arrears ' 312- 1078 1711 INDEX RURAL MUNICIPALITY ACT— Cmtinued. sec. page Court of confirmation of the said return 313 1078 Notice of confirmation court 314 1078 Payment of arrears after date fixed for confirmation of return 315 1078 Hearing of application for confirmation of return 316 1079 Costs of redemption 316 1079 Successful opposition to confirmation 316 (2) 1079 Copy of adjudication to be registered 316 (3) 1079 Copy of confirmation to be sent to all interested persons . . 316 (4) 1079 Publication of notice of forfeiture 316 (5) 1079 Payment of taxes to treasurer after confirmation 317 1080 Certificate of redemption 317 1080 Affidavit of attestation 317 1081 Issue of certificate of title 318 1081 Forfeited land to be liable for school taxes 319 1082 Forfeited land may be sold 320 1082 Highways and public places 217 1057 Control of street, etc 217 1057 Right of entry reserved to certain Ministers 218 1057 Repair of public works 219 1058 Limitation of time for action 220 1058 Hail insurance (Repealed — See 1915, c. 16, s. 13). Hamlets 44 1013 Organization of hamlets 44 1013 Half amount collected in hamlet to be spent therein 46 1013 Infraction of by-laws 192 1047 Power to inflict penalties 192 1047 Copies of by-law to be sent to Minister 192 (2) 1048 Penalty to be paid to municipaUty 192 (3) 1048 Transportation and maintenance of prisoners 193 1048 Interpretation 2 1006 Municipality a corporation 52 1014 Meetings of council 55 1014 First meeting of council 55 1014 Regular meetings 56 1015 Special meetings 57 1015 Conduct of meetings 57 (2) 1015 Waiver of notice of meeting 58 1015 Place of meeting 59 1015 Municipal loans 225 1059 Temporary loans 225 1059 Temporary loan during first year of organization 226 1059 Debenture by-laws 227 1059 ■Poll to be taken 231 1060 Notice of poll 232 1060 Proceedings at poll, etc 233 1060 Ballot paper 234 1060 Agents at poll 235 1061 One vote only 236 1061 Declaration of result of poU 237 1061 Certificate from secretary concerning passing of by-laws. . . 238 1061 Authorization of by-law by Minister 239 1061 Issue of debentures 240 1062 Foi-m of debenture 241 1062 Limit for debentm-es ! . 242 1063 Rate of interest 243 1063 Term of debentures 244 1063 Extension of term 245 1063 Debenture to be registered by Minister 246 1063 Debenture to be countersigned by Minister 247 1063 Debenture register 248 1064 Noxious weeds 199 1051 Appointment of inspectors 199 1051 Inspector may destroy weeds 200 1051 Recovery of amount expended 201 1051 Amount expended recovered in same manner as taxes 202 1051 I Certificate prima facie evidence of expenditure 203 1052 Neglect by inspector 204 1052 Penalty to go to municipality 205 1052 Organization of a municipaUty 12 1009 1712 INCEX RURAL MUNICIPALITY ACT— CejjimMed,.' A . '• j • s'ec.v page ' - Application for petition. ...,.,,... . ;. . .'. ."•.".:. ....... ri '12 1009 W(U .When acted upon •.■..■■■... ./v. ..,......:.. i .■:'. • 12(2) 1009 Number Of residents ..'...,........•......./:..;-..>.•.' 13 1009 ' '■■ V Petition for organization f . . . 14 1009 V Witness to signatures.". .Ii'.'j'.-x'.-. . . 15 1010 ">' ■ Final date for petitions .-.'. ...... 16 1010 • Minister to declare municipality organized. .: 17 1010 ' 'Date order takes effect 18 1010 Municipal committee. .... 19 1010 Organization of local improvement district into rural munici- pality....! ..... 20 1010 ■1 Notice of organization v 25 1011 • ■ Oaths of office ..■ 50 1014 Form of oath of office ' 50 1014 • - Deposit of form of oath 51 1014 ' Officials 170 1040 Appointment of 170 1040 Councillor not eligible for office 172 1041 Appointment not to be by tender. . ; 173 1041 Tenure of office 174 1041 Security to be given by 175 1041 Liability of v . . ■. 177 1041 Powers' and duties of councils ^96 1049 PubUc health, etc 191 1046 Nuisance grounds. 191 (2) 1046 Cemetery 191 (3) 1046 Hospitals, etc ..:...... I: 191 (4) 1046 Aid to needy person ..- . ! . . 191 (5) 1046 Trees ji. .J . . 191 (6) 1046 Light weight ; ..'■.■; . . 191 (7) 1046 Cruelty to animals 191 (8) 1046 Dogs 191 (9) 1046 Wolf bounty 191 (10)1046 Prairie fire 191 (11)1046 Hawkers, auctioneers, pedlars and transient traders 191(12)1046 Removal of dirt, etc., from roads 191 (13)1046 Storage of gunpowder 191 (14)1046 Encumbering the streets 191 (15)1046 Regulating use of bridges and highways 191 (16)1046 Traction engines 191 (17)1047 Aid to agricultural societies 191 (18)1047 Census 191 (19)1047 Extermination of animals 191 (20)1047 Indecent placards, etc 191 (21)1047 Vice, drunkenness, etc 191 (22)1047 Lewdness 191 (23)1047 Gaming. : 191 (24)1047 Vagrants 191 (25)1047 Indecent exposure 191 (26)1047 Bathing : 191 (27)1047 Regulating pool rooms, etc ; 191 (28)1047 Licensing exhibitions i 191 (29)1047 Acquire lands 196 (1) 1049 Weigh scales ; 196 (2) 1049 Roads 196 (3) 1049 Water supply 196 (4) 1049 Temporary road ; . . . ; 196 (5) 1050 Ferries 196 (6) 1050 Pile drivers, stone crushers, etc ^ 196 (7) 1050 Disposal of property ,......" 196 (8) 1050 May unite with other municipalities '. 196 (9) 1050 Expropriation 196 (10)1050 Bonuses, etc., prohibited (See Noxious Weeds, Restraining Animals at large, Highways and Public Places and Care of the Sick) : . . 197 1050 Penalties 321 1082 Penalties for nonpetformanefe of duties 321 1082 Recovery of penalties .■;<( r. 322 1083 ■penalties to go to general revenue fund of province. .'.-. i . . 323 1083 ' ' Qualification of coimcillors ....-......•..•;... 92 • 1021 1713 » INDEX RURAL MUNICIPALITY ACT— Continued. sec. paob Candidate's declaration of intention 92 1022 Disqualification , 93 1022 Shareholder not disqualified 94 1022 Quashing by-laws and resolutions 194 1048 Motion to quash , 194 1048 Notice of motion 194 (2) 1048 Proof of by-law 149 (3) 1048 Security for costs 194 (4) 1048 Affidavits of justification 194 (5) 1048 Payment into court 194 (6) 1049 Payment out of court 194 (7) 1049 Procedure 194 (8) 1049 By-laws procured by bribery and corruption 195 1049 Reeve 70 1016 Election of 62 1016 Duties ' , 70 1016 Power of suspension , 71 1017 Appointment of special constables 72 1017 May caU public meeting 73 1017 , Recount , , 153 1036 Attendance of clerk with papers 154. 1036 Mode of counting 155 1036 Quo warranto proceedings 156 1038 Costs 157 1038 Scale of costs 157 (2) 1038 Enforcement of payment of costs , , 158 1038 Jurisdiction when ecjual portions of municipality, in two or more judicial districts 159 1038 Resident elector 127 1030 Qualification of , 125 1029 Restraining animals at large 206 1052 By-laws restraining and regulating the runmng at large of animals 206 1052 Provisions of Act to be incorporated into by-law 207 1053 Damages for trespass by animal impounded 208 1053 Notices to be given and posted by poundkeeper 209 1053 Penalty for improper impounding 210 1054 Sale of impounded animals 211 1055 Only sufficient animals to satisfy claims to be sold 212 1055 Disposal of proceeds of sale 213 1055 Notice of council's intention to pass by-law ; 214 1056 Tariff of poundkeeper's fees . . ., 215 1056 Provisions of provincial Ordinances to cease to be operative on passing of by-law 216 1057 Secretary 178 1042 Duties of secretary 178 1042 To be clerk of court of revision 268 1068 To be clerk of appeal frora court of revision 281 1070 Treasurer 179 1043 Duties of treasurer 179 1043 Time , 5 1008 Extension of time 5 1008 Extension of time by order of Minister 7 1008 Taxation. 292 1071 Estimates 292 1071 Levy of rate 293 1071 Uniform rate of taxation 294 1072 School rates 295 1072 Demand for school trustees 296 1073 Tax roU 297 1073 Minimum municipal tax 297 (2) 1074 Minimum school tax 297 (3) 1074 MaliUng tax notice 298 1074 Taxes a lien on land 300 1074 Taxes when due. ,....;....,., 299 1074 Ppnalty for nonpaymieAti of taxes. ..,.,.., ', 301 . 1074 Receipt book for taxes ■..■:.\: ■ 302 1075 Arrears first charge on tax payment 303 1075 Distress for taxes 305, 1075 Suit for taxes ,.,;.. sqq- io76 1714 INDEX RURAL MUNICIPALITY ACT— Continued. sec. page Taxes on area created a village 307 1076 Deficiency in school taxes to be made up from general fund {See forfeiture of land for nonpayment of taxes) 308 1076 Vacancies in coiucil 76 1018 Resignation 76 1018 Declaration of vacancy 77 1018 Procedure upon vacancy 78 1018 Voters' list (See Elections) 85 1019 S SCHOOL DISTRICTS -RELIEF ACT (Chapter -11)— 1914 1483 SCHOOL GRANTS ACT (Chapter 15)— 1913 (2nd Sess.) 1417 SCHOOL LIBRARY ACT (Chapter 13)— 1908 578 Advance from treasury .■. . . 3 578 Expenses to be added to cost 5 579 Publication of annual statement '....... 6 579 Purchase of books 2 578 Proceeds of sale 9 679 Regulations 10 579 SECURITY TO BE GIVEN BY PUBLIC OFFICERS, An Act respecting (Chapter 10)— 1908 481 Persons to furnish security 1 481 Time and manner 1 481 Bond, solely or with sureties 2 481 Short form 3 481 Adaptation of bond 4 481 Irregulaiities 5 481 Sureties to justify 6 482 Attestation 6 482 Registration of boad. 6 482 Register of bonds 6 (2) 482 List of principals and sureties ' 6 (3) 482 Certified copies 6 (4), 482 Failure to give security . .■" 7 482 Exception, where security lost 7 (2) 482 Death, insolvency or nonresidence of sureties 8 483 Default in giving notice, penalty 8 (2) 483 Omission to furnish new security 8 (3) 483 Withdrawal of surety 9 483 Accepitance of security aft^r proper time 10 484 Securities executed at different times, registration 11 484 Irregularities in providing security 12 484 Registration after time 13 484 Guarantee company's bond 14 484 Interim receipt 15 484 Schedule 485 Affidavits 486 Indorsement of bond 487 SEED GRAIN ACT (Chapter 21)— 1908 ' ' ' 597 Charge 3 598 Declarations and affidavits 7 599 Taxes, collection of 4 598 exemptions 6 599 ^payment 6 599 Regulations 8 600 , ■ Schedule 600 SEED GRAIN ACT (Chapter 14)— 1915 '..'...'.. 1599 •i Agreement with Dominion Govermnent recited : 1 1599 memorandum of (See schedule) , .. , .1602 approval of Dominion Government. 1 ■ 1599 Advancement of money for see.d grain .'....., 3 • 1599 :Affidavits, execution of , , , 9 .^ 1602 Approval of Dominion Government agreement recited 1 h,-, 1599 1715 * yINPEX .SEED GJI.AIN ACT~Coniinued. Ui.,,n,,. . . >,, ./tTi; se?. ^i^J^GE ■ orders in covmcil '.'. . ."..".. '...'. .'. .;'..' . .2 ''.'■' 1599 Bills of Sale Ordinance, application.., ..:,..,,,;..,......,... ^,... .^j'!' 8 : 1601 ; Crop subject to charge .'■.....'...!.....;.'.,,'. .j, .^ 3 1599 Chattel mortgage, registration of .:...' .'•?'.,, ., ,8 1601 Confirmation of agreement in schedule ,".' . 1 1699 Chfuge on real property ;..... 3 1599 priority of .'...: 3 1599 i Creditors' Belief Act, application 7 1601 Dominion Government, memorandum of agreement of Schedule 1 1602 Enfproement by seizure and sale of property. 3 1599 , lien , 4 1600 Execution docket, entry on '. . } ,..'.,.... 6 1601 Form of hen .'........ 4 1600 Failure to register documents , 8 1601 Fees 10 1602 Irregularities 8 1601 Informalities 8 1601 Insufficiency 8 1601 Land titles, duties of registrar of 4 1600 apphcation of Act 4 1600 memorandum on certificate 6 1601 fees 10 1602 Lien, form of 4 1600 Lieutenant Governor in Council, powers of 1 1599 to carry out agreement 1 1599 confirmation of previous orders of 2 1599 Moneys advanced on security of land and crop. .' , 3 1599 Minister of Agriculture, powers of 4, 5, 6 1600-1 statements of liens 4 (6) 1600 Orders in council , ., 2 1599 confirmation of previous 2 1599 empowering persons to take oaths ■ • . ■ ■ • 9 1602 Oaths, persons having power to administer T. 9 1602 Priorities reserved V, 8, 12 1601-2 , Penalties 11 1602 Prosecutions 13 1602 Release of hen 5 1601 Seed grain lien 3 1599 advancement of moneys for 3 1599 memorandum of Governments as to 1 1599 docket in land titles oflSce 4 (3),6 160O-1 release of 6 1601 failure to sow 11 1602 priority of 11 1602 Schedule, memorandum of agreement 1 1599, 1602 SHEEP TRAILING ACT (Chapter 12)— 1915 1572 Agent, duties of 4 1572 Assessment of damage 7 1573 Compensation 9 1573 Control to be kept over sheep 3 1572 Costs 7 1573 Distance travelled 2-3 1572 Damage, agreement as to 6 1573 liabihty for 5 1572 assessment of 7 1573 saving clause as to 9 ■. 1573 Fence Ordinance, apphcation of 4, 9 1572, 1573 Herders 3 H 1572, 1573 . personal liabihty 11 1573 Justice of the peace, powers of 7 1573 Moving sheep on foot ,\ 2 1572 Owner, duties of \ 4 1572 Order for payment of damages 7 1573 Particulars oqntained in notice ,of moving 2 1572 Penalties.. g, 10, 11,12. 1573 Jtload allowances 3 1572 Release of sheep on payment of damages and costs .,■ 7 1573 Rescue of sheep 10 1573 teaje 01 sheep g ^573 1716 INDEX SHEEP TRAILING ACT— Continued. sec. page Short title 1 1572 Sheep to be in charge of owner or agent. 3 1572 to be kept moving 3 • 1572 rescue of ■ 10 1573 seizure of 5 1572 sale of 8 1573 TraUs 3 1572 Trespass by sheep 4 1572 SHERIFFS ACT (Chapter 11)— 1909 • 739 Attorney general may make regulations 48 749 Bailiff, appointment 2 (5) 739 Bond by sheriff 6 740 , Books to be property of government 39 747 . Fees. 32 745 action for '. 46 749 book 34 745 Uability for 32 (2) 746 mileage 32 (3) 746 returns of 35 (1) 745 transmission of 35 (4) 746 Oaths of oflBce, form of 749 Office hours 31 744 Salaries 4 740 Process 36 (1), 45 746, 748 book 36 (1) 746 Sheriff, appointment of. .... .' 2 (1) 739 assistant and deputy 2 (2) 739 absence or illness of 2 (6) 740 books open to public inspection 36 746 execution book 36 (2) 746 fees, fee book and returns 35 745 action for 46 749 failure to transmit . . . 36 (3) 746 penalties for failure to keep books 35 (2) 746 not to receive other reward 33 745 may not practise as a barrister 47 749 mUeage 32 (3) 746 neglecting to keep books, penalty 35 (2) 746 oath of office (form) 749 office hours 31 744 resignation of 38 746 Surety , 6 740 , action on security 22 743 death of 38 746 discharge of 38 746 filing bond in court - 7 741 form of security 6 740 further 6 (2) 740 judgment upon : . 26 744 liability of 21 743 in case of renewal 11 741 in case of removal of sheriff 27 744 Mmitations of 23 743 may withdraw 14 742 renewal of 9 741 Removal or resignation of sheriff 38 746 Vacancy of office .- 38 (2) 747 Books property of Government 40 747 ex-sheriff to have access to 41 747 possession of, penalty 40 747 Continuation of actions 43 748 ' of sale of lands .' 42 748 ■•Sl'RINGBANK IRRIGATION RELIEF ACT (Chapter 26)— .\ 1914 1495 STOCK INSPECTION ACT (Chapter 11)— 1915. ....■,..■ ' ■ 1666 ' Auction sales Vi .'_■- 9 1568 • ■ Auctioneer's duties .'«V' .J. 9 (2) 1569 1717 INDEX STOCK INSPECTION ACT— Continued. sec. paoe Alberta Gazette 3 (5) 1567 Brand readers' powers given to inspectors , 6 1567 fees of 11 1569 Butchers and hide dealers ■: 12-18 1569-70 records of 13-14 1569-70 Constables' powers given to special inspectors and deputies 5 1567 Certificates of inspector 8 1568 improperly issued 10 1569 fees for 7-16 1567-70 on shipment- ; 7 1567 on examining hides 15 1570 return each month 9 (2) 1569 Detention of animals unlawfully shipped 3 (3) 1567 Fees for certificates : 7 1567 for inspection of stock 11 1569 ' for inspection of hides 16 1570 Form A 7 1567 FormB 12 1569 Hides, sale of 17 1570 inspection of 15-16 1570 removal of 18 1570 fees for inspection. 16 1570 Interpretation 2 1566 ' '^Brand" 2 (1> 1566 "Brand reader" 2 (2) 1566 "Minister" 2 (3) 1566 "Department" 2 (4) 1566 "Special inspector of stock" 2 (5) 1666 "Inspector of stock" 2 (6) 1566 "Stock" 2 (7) 1566 "Cattle" .■ 2 (8) 1566 Inspector, duties of 3, 9 1566, 1568 special 3 1566 special deputy 4 1567 appointment of 6 1567 return of. 19 1570 Inspection before shipment 6 1567 after sale by pubUc auction 9 1568 License for butchers and hide dealers 12 1569 Memorandum of sale to be produced 8 1568 for inspector 3, 8 1566, 1568 Outside points, shipment to 7 1567 Pedigree stock 7 1567 PubUe auction sales 9 - 1568 Penalties 20 1570 Returns to department 3 (5), 9 (2), 19 1667,'69,'70 Records, national 7 1567 Regulations and forms 21 1570 Repeal 22 1571 Special inspection 3 1566 Shipment, inspection before 6, 7, 8 1567-68 of hides 15 1570 unlawful 3 (3) 1567 Short title 1 1566 Schedule A ....... .• 7 1567 Stray Animals Ordinance applied 6 1567 Unbranded stock 8 (3) 1568 SUBDIVISION OF LAND REGULATIONS . . . . : 77 SUCCESSION DUTIES ACT (Chapter 5)— 1914. 1465 Application of Act " 2 1465 before passing of Act '.[ 2 (a) 1465 after passing of Act 2 (6) 1465 Appointment of commissioner 25 1472 Appeal from valuation 28 1473 Assessment by Provincial Auditor 27 1473 ■ Attorney General's powers , . 38 1474 , AppeS,l, extent of under the Act 41 1474 Allowances deductable 4 1455 I7I8 ' " INDEX SUeCESSIQN DUTIES ACT— Continued: . r'.'/j' ' /sec. paoe ' ' ■ Afisignment of stocks and shares 30 1473 . - Appfication to show cause ^ 36 1474 Request to executor 8 1469 Cosls. 42 1475 -■ ' Determination of net value ,.,•... 4 1466 Determination as to property liable. 35 1474 Entry of lien 46 1475 Effect of registration of Hen 48 1475 Ejrtent of repeal 52 1476 Fees 43 1475 Filing of lien 45 1475 • -Form of lien 45 1475 Interpretation : 3 1465 ■^Property" 3 1465 "Child" v...i 3 1465 "Passing" 3 1465 "Aggregate value" .. '. '.'.>.■ '...;.■....:. . 3 1465 "Net value" , 3 1465 "Judge" .<; ■; . 3 1465 "Court" ....',...;,; 3 1465 Lien, nature of ■ ' 45 ' 1475 filing of 45 1475 form of .....; J 45 Jij 1475 entry of : 46 -,•;• 1475 withdrawal of -•. . - '. . 47 ' 1475 effect of ■ 4S . 1475 application of 49 1476 Lieutenant Governor in Council, rules 51 1476 Net value, how determined .- 4 1465 Provincial Treasurer, clerk to forward aflBdavitsto. ......'.;. 1 . . 11 1469 duty determiaed by 11 1469 approval of bonds i . ; . . 12 1470 guarantee company to be approved 12 1470 bonds to be filed with 14 1470 consent to issue of letters 15 1470 certificate of discharge 21-24 1471-2 may require further information 22 1471 may appoint commissioner 25 1472 refunds by 32 1473 fees of 43 (d) 1475 notice of passing accounts to be served on 31 1473 powers of commissioner 26 (2) 1472 payment of commissioner 26 (3) 1473 passing accounts 31 1473 practice of the court 36 1474 production of documents 28 1473 property transferred before death 44 1475 powers of judge on appeal 28 1473 Provincial Treasurer's fees 43 (2) 1475 questions of liability 35 1474 rules and regulations 51 1476 Schedule, affidavit of value, form 1 1476 Inventories 1478 Bond, form 2 1480 Lien notice, form 3 1481 Succession Duties, short title of Act 1 1465 application of Act • 2 1465 property subject to 3, 7 1465,1467 exemptions from 5 1466 determination of net value for _. 4 1465 allowances under '. 4 1465 deductions 4 1465 property passing 6 1466 rate of 7 1467 procedure for payment of 10 1469 determination of amount of 11 1469 Provincial Treasurer to determine 11 1469 bond for 12 1470 payable out of share 16 1470 executor personally liable 17 1470 1719 INDEX SUCCESSION DUTIES ACT— Continued. sec. page contingent estates 19 1471 commutation 21 1471 information 22 1471 when payable 23 1472 time for payment extended 23 1472 certificate of Provincial Treasurer 24 1472 valuation and assessment for 25 1472 Tecoverable as debt 29 1473 refunds 32 1473 actions for 37 1474 fees 43 1475 costs 42 1475 appeal 41 1474 lien 45 1475 repeal of Ordinance 52 1476 SUGAR BEET INDUSTRY, ENCOURAGEMENT OF (Chapter 20)— 1910 (2nd Sess.) 901 Act of 1906 repealed 1 901 Chapter 37, 1906, repealed 1 901 Claims of Knight Sugar Company not prejudiced 2 901 SUPREME COURT ACT (Chapter 3)— 1907 235 Short title; interpretation 1-2 235 Organization; seal; judged 3-6 236 Jurisdiction 9 237 Rules of court 24 241 Clerks and other oflScers 25 241 Sittings; court en bane 29 242 ' provisions of Judicature Ordinance to apply ' 36 243 Criminal procedmre not affected 38 244 Transfer of causes in Suprfeme Court N.W.T 39 244 Coming in force of Act 40 244 Rules 255 Judicial districts 244 Proclamation 244 Registration districts 250 Masters in chambers ■ 254 SURVEYS ACT (Chapter 13), 1911-12 1146 Evidence 5 1147 Surveyors may examine under oath 5 1147 Surveyors may compel attendance of witness 6 1147 Service of subpoena ' 7 1147 Evidence to be put in writing 8 1147 Field notes 9 1148 Interpretation 2 1146 Irrigation works, surveys 0|f 26 1153 Inspection of surveys 28 1164 How inspection to be made 29 1154 Lost posts (See re-establishment of lost posts) 25 1152 Monuments (/See subdivision surveys) 21, 22 1150-1 Right of entry upon private lands 4 1147 Re-establishment of lost comers of subdivision surveys made subsequent to this Act 20 1149 Block comers on external boundaries 20 (b) 1150 Block corners marking comers of original subdivision 20 (o) 1150 Interior Block corners 20 (c) 1150 Curvilinear lot corners 20 (d) 1150 Re-establishment of lost corners of subdivision surveys made prior to this Act 22 1151 Block corners 22 (a) 1151 Lot comers 22 (b) 1151 Procedure m special cases 23 1151 Re-estabhshment of lost posts 25 1152 Re-surveys. . '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 30 1154 Municipal council may apply for 30 1154 Evidence of original survey 30 (3) 1155 Production of evidence 30 (4) 1155 How survey to be made . . . . 31 II55 1720 St^EY^l .ACT— Continued. b;.u.i;i<(v':,- ■ il'y H'AIMH) ^^c. •' page' ';/ Return of re-survey.; K'l. .'/■.■.'.:■ -^' 31 1156 t Gfcufifirmation of survey '.'..'. "'32 1155 i Municipal treasurer to pay costs of survey . . ''33 1155 , , ; : Council may assess costs of same to lands benefited. ...... 35 1156 , . , p.emoving or defacing land marks ...'.: . ."* 1157 ■ Roads, surveys of ". . . : . i.j. . ! . . :'.''.''} .:. . : . ;'9"'27 1153 - Railway surveys .". . . . . ^; . . < . -J- '' 24 1151 , 'j'f ISjeasurements to be refen-ed to centreline. . ..:'.'?';'. . .'.'.H' !*'' 24 (a) 1151 Survey to be marked with iron posts ; '' '■ 24 (6) 1151 Intersections with land boundaries ; :'.' '**'" 24' (c) 1152 j.^.^.j Either limit may be posted 24 (d) 1152 '.-^"'- Hqw posted in subdivisions 24 (e) 1152 y^y, Posted limit to govern ., 24 (/) 1152 \"i , Eo?ts to mark true boundaries . .* 24 (tj) 1162 StsJidaM of measure 3" 1146 System of survey,. ,,......,.-, , 10-12 1148 Surveys to be 'astronoiAical. ......... , 10 1148 Certain surveys to be made under Dominion Lands Survcya Act '. 11 1148 „, Surveys to be marked on the ground 12 '"1148 Subdivision surveys '.'. . J: : . . : : .'. ..'.'. 13 1148 Outlines to be first established ....,, ..^....,. 13 , 1148 How block corners to be marked. .. !'.".".■ ..,.....'.!. 14 1149 How curvilinear lots to be marked ',.'. . . . 15 1149 Iron posts to govern ..■;".' . 16 1149 Lots to have proportionate frontage 17 1 149 How side and rear Mnes of lots to be surveyed 18 1149 Registration of plans not made in accordance with this Act (See re-establishment of lost comers). 20 1149 Monuments of, made prior to this Act to govern .v. 21 1150 ;„, Surveyor, personal supervision of required ..!..' 36 1156 Obstructing ,.■.:". ; . .1 37 1156 SURVEYS (DOMINION LANDS) PROVISIONS ACT (Chapter 22)— 1911-12 1183 Sections appHcable , . 1 1183 . Dominion Lands Surveys Act applied , , '. ... ' 1 1183 TABLE SHOWING PRIVATE AND LOCAL ACTS PASSED ; in the years 1906 to 1915, both inclusive 1619 TARIFF OF FEES— Land Titles Act 199 Permits to export foxes _ 411 Partnership registrations ; 473 Drainage Act proceedings , 594 Arbitrations , 733 Registration of land siUTreyors 789 Creditors' relief cases 823 Pool room licenses .....: 1189 Theatre licenses 1192 Brands I433 Travelling shows 1490 TAXATION OF RAILWAYS (Chapter 30)— 1906 218 THEATRES ACT {Chapter 25)— 1911-12 H90 Appeal from censor 5 (2) 1190 Application of penalties 12 1192 Citation 1 1190 Censor 5 1190 Commencement of Act 14 1192 Pihns to be stamped 6 1190 Inspection by police 10, 1 1 1191-2 License fees 4 1199 1721 INDEX THEATRES ACT— Continued. sec. page Offences 8 1191 Penalties 9 1191 application of 12 1192 Regulations (set out in fuU) -. 1192 Stamps 7 1191 THRESHER EMPLOYEES LIEN ACT (Ciiapter 17)— 1913 (1st Sess.) 1360 Agreement as to wages 4 1360 form of (See schedule, form A) 4 1360 to be a release when executed 4 1360 Adjudication by judge 14 1363 Clerk of court • 12 1363 duties of 12 1363 fees of 17 1364 Court 2 (3) 1360 procedure on settlement of claims 13 1363 fees. 17 1364 Claim — notification of 3 1360 agreement as to 4 1360 conditions of 4 "1360 to be served 4 1360 to have priority 3, 4 1360 contents 5 1361 form of (See schedule, form B) 5 (2) 1361 service of 5 (3) 1361 contested 9 1362 Convictions 18 1364 Contested claims 9 1362 notice of 9 1362 form of notice {See schedule, form C) 11 1362 Deficiency in funds 15 1363 Employer, definition of 2 (1) 1360 Employee, definition of 2 (2) 1360 priority of claim for wages 3 1360 to notify person holding moneys of claim 3 1360 to serve claim 4 1360 to proceed as in Act provided 4 1360 Form A, agreement (Section 4, See schedule) 1364 Form B, claim (Section 5, See schedule) 1364 Form C, notice of contest (Section 11, See schedule) 1365 Form D, interpleader summons (Section 13 (2), See schedule). . 1366 Garnishee has no priority over claim for wages 3 1360 Interpretation . , 2 1360 Interpleader proceedings 13 1363 summons, form of Schedule 1364 Liability of person holding moneys subject of claim 6 1361 Moneys to be retained by land person after service 6 1361 may be paid out after thirty days of claim 7 1361 Penalties for not furnishing statements : 16 1363 Payment into court 8 1362 costs of 10 1362 Persons holding moneys subject of claim, liabiUty of 6 1361 notice to 3 1360 retains moneys 6 1361 service upon 5 (3) 1361 payment out by 7 1361 proceedings against 8 1362 Service of claim 5 (3) 1361 time within which to be made 5 (3) 1361 effect of 6 1361 Schedules 1364 Wages — claims for : 3 1360 priority of 3 " 1360 notification of claim for 3 1360 have priority over garnishee 3 1360 statement of to be furnished by employer 16 1363 1722 INDEX SEC. PAGE THRESHERS LIEN ACT (Chapter 26)— 1913 (2nd Sess.) 1434 Certificate of registration, to be procured from Minister of Agri- culture • 2 1434 ' to be posted upon machine during threshing season 3 1434 transfer of, on sale of machine; fee for such transfer 4 1434 Conditions to which lien and right of sale subject (See lien) .... 5 (2) 1434 Employees of thresher, wages of, must be satisfied before lien exercised ■ 5 cl. 3 1435 Fines {See Penalty), to be paid over to general revenue fund . . 11 1435 Forms, registration certificate of threshmg machine, form A . . 1436 certificate of transfer, form B 1436 General revenue fund, fines to be paid over to 11 1435 Haulage, hen to cover cost of, how computed 6 1435 Housing of grain under hen 7 1435 Information, Minister may require thresher to send 9 1435 Lien of thresher upon grain threshed, for securing pa3rment 5 1434 Conditions to which hen and right of sale subject 5 1434 notice of detention 5 cl. 2 1435 registration of machine 5 cl. 1 1434 removal of grain within 30 days 5 cl. 2 1435 wages of employees to be satisfied 5 cl. 3 1435 Haulage, hen to cover cost of 6 1435 Priority of hen over executions, chattel mortgages, etc .... 5 1434 Quantity of grain which may be retained 6 1435, Sale of grain so taken, thresher's right as to V 1435 apphcation of proceeds 7 1435 right of sale to be exercised within 30 days 8 1435 unless by owner's consent in writing 8 1435 Notice of retention of grain, to be given 5 cl. 2 1435 Noxious Weeds Act, Minister may require thresher to send certificate of comphance with 9 1435 Penalty for violation of provisions of this Act 10 1435 Registration (See threshing machines) 2 1434 Removal of grain under hen 5 cl. 2 1435 Repeal of Ordinance respecting Threshers Liens 12 1435 Retention of grain, notice of to be given 5 cl. 2 1435 Returns, to Minister of Agriculture, may be required 9 1435 Sale of grain under hen (See hen) 5-8 1435 Sale of machine (See threshing machines, sale of) 4 (2) 1434 Separator (See threshing machines) 2 1434 Short title 1 1434 TIMBER AREAS TAX ACT (Chapter 15)— 1914 1485 Annual returns 3 1485 Burden of proof 12 1487 Citation of Act 1 1485 Dislress for taxes 8 1486 Interprefetion ....'. 2 1485 Information on oath 4 1485 Lien 9 I486 Minister, definition of 2 (3) 1485 Penalty for default 5 1486 Proof of payment 12 1487 Rebate 7 1486 Returns 3 1485 Sale for taxes 11 1487 Taxes 6 1486 collected by distress 8 1486 suit for 8 1486 first hen 9 1486 hen not to be defeated 10 4866 sale for 11 1487 proof of payment of 12 1487 paid to general revenue 13 1487 Timber area, definition of 2 1485 TOWN ACT (Chapter 2)— 1911-12 905 Appeal from court of revision to the judge 292 979 Appeal hes to judge 92, 292 (o) 9,79 Proceedings on appeal ■ 293 980 1723 IHBJDSC TOWN AST — Continued. Sd.-. .,,■'. i *;»«« '•n^Om : ; Naiioe of appeal hJ-m], v, . i}v. 293!(1) 980 Assessor to notify parties interested in appe^ils.,. . , j .■ . ,. iiij. Jt . 293 "(3) 980 fi\>: Itoe of notice 293 (4),,' 980 '■■.'.' Alssessor to post notice of appeals /,.,.'..,...,;.. m.:..' .293,(5) 980 (.'' Sfeeretary-treasurer to be clerk of court... 1 .... .' -^ i I 293'(6) 980 1'.. Hearing and determination of appeals .is i393is(7) 980 ElK)ceedings before judge ...s . . . ...t . . i ..v / ,293(8) 980 (Mo Judge's powers . 'via. : :'. . . . .' . 293' (9) 981 I'ii; ,, .Title of proceedings ;f. . ; • :..>.,..>... .:..;.,..,...........' ,293 (10) 981 M'! Gdst of proceedings .. v.„. 293 (11) 981 •.■■".' Taxation , . .„ ., 393 (12); 981 Decision final -.i . .-. . . jvlci *;i • 293 (13) 981 ■ '; Assessifaent : .,,•.'... ,■ . ';■. v; >■> 265' 971 ^••* Bbtemptions t!,. . 268 971 • ' '' Assessment of land 267, -xi > 972 •'■'■'. Board of school trustees to furnish estimate of money to council-.,,.'.,.,...^. '.,;.....; . . . .; l. '. ..268,268 (a) 973 . Preparation of assessment roll ..,. , 269 973 Sinking fund (See finance and deposit of sinking fund) Form of assessment roll .269-70 973-4 Fi'audulent assessment ..,, .^ ...... .• i ..--,, ■271. 975 Notice of assessment by publication .-, .-, : > . . 272 975 Notice by mail ' , 273 975 Ajlpeal to council ' 274 976 Form of notice of appeal 275 ' 976 Notice of hearing •: . ; , . . , 276 976 Titfie of notice •. 277 976 List of appeals; ..■.■: ..'. . ■. 27S 977 Duties of secretary 279 977 Conduct of hearing '. ,i'. ........; . 280 i 977 Nonappearance 281 ■ 977 Evidence , .,, ., . 282 977 Termination of sittings i.:.- . . . ., 281^ njft 977 1.' Amendment of roll ' .i.l :■. r. 284. 978 Binding effect of amended roU.'; i ., , . . .,.,, , 285 978 ' Evidence of roll.. ..:... .;•...... 286 978 Oniissions from assessment roll 287 978 Duties of assessors as to entries , . . . c -288 978 Information to be given : . . . 289 979 Adoption of roll. ..... .'. ...,•. 290. 979 Correction of errors (See appeal from court of revision) 291 979 Assent of burgesses to by-laws 194 955 Officer of corporation may vote 194 955 PubUoation of by-law and notice •. 195 955 Printing ballots 196 956 Form of ballot I97 955 By-law to fix times and places for vote 198 956 Appointment of representatives ■ 199 95g Oath of appointee 200 956 Production of appointment 201 956 Substitute 202 957 Who allowed in polling place 203 957 Voters' list ■ 204^5 957 PoUing 206 957 ■^ Poll opens 207 967 Officers' oaths 208 958 Directions to voters 209 958 X°*f-; 210 959 Oath of voter 211 959 Oath on behalf of corporation 212 959 Returning officer's statement 213 960 Objections 214 960 ^o™t;V. , ; 215 960 Voters list, etc., to be returned to secretary-treasurer 215(2) 961 Returns. ... , 216 961 Certificate of result 217 961 Declaration of result : 2I8 961 Offences 219 961 Scrutiny 220 962 Notice 221 962 1724 INDEX TOWN ACT— Cmtinued. sec. page Hearing by judge 222 962 General powers of judge 223 962 Auditors 50 915 Appointment of auditors 50 915 Councillor not to be appointed 50 915 Audit by 51 916 Audit by, before payment 52 916 Abstract to October 31st 53 916 Abstract of receipts, expenditures, etc., for the year 53 (2) 916 Inspections of abstracts of 54 916 Boundaries of towns 10-12 909 Additions to by petition 10 909 Additions to at instance of council 11 909 How boundaries defined 12 909 Council 13-15 910 Powers, how exercised . 13 910 Continuing body (See meetings of council, vacancies in council, powers and duties of council) 13 (2) 910 Councillors. 14 910 Qualification of after first election 15 910 Qualification of at first election 14 910 Term of office of 14, 15 910 Resignation of 16 911 Care of sick 165 948 Demand by hospital board 166 948 Recovery of pasrment from patient 167 948 Agreement between council and board 168 949 Court of Revision (See assessment and appeal from court of revision) 274 976 Debentures (See money by-laws and finance) 184 951 Deputy mayor 27 912 Appointment 2! 912 Deposit of sinking fund with the Provincial Treasurer 259 970 Sinking fund may be paid into provincial treasury 259 970 Money received to form part of general revenue fund 259 (3) 970 Sinking fund may be invested in the debentures, etc 259 (4) 970 Plan of payment 260 971 Amount payable into sinking fund to be a debt due to the treasurer • 261 971 By-laws for deposit of sinking fund to be sent to Minister. . 262 971 Annual return as to sinking fund to be sent to Minister. . . 263 971 Penalty 264 971 Elections 71 919 First election 71 919 Persons eligible at first election as candidates 72 919 Who may nominate candidates 73 919 Term of office of mayor 74 920 Term of office of councillors 75 920 Special election before preparation of voters' list 76 920 Names to be furnished the secretary-treasurer 77 920 Voters' lists 78 920 Qualification of voters 78 920 Proviso as to nonpayment of taxes 78 920 Defaulters' Ust : . . . . 78 (2) 920 Preparation of hst 79 921 Additions to Ust 80 921 Removals from and substitutions on Ust 81 921 Notice 82 921 List of appUcants 83 921 Court of revision 84 921 General provisions in regard to conduct of 86, 87 922 Returning officer, etc 86, 89 922 Annual meetings of electors 87 922 Mayor, etc., to attend and submit reports 88 922 Notice of nomination 89 922 Nominations .» 90 923 Consent to nomination 91 923 PoU 92 923 Notice of postmg 93 923 Withdrawal of candidate _94 924 1725 t INI?EX TOWN ACT— Continited. sec. page Abandonment of poll • 95 924 Vote by ballot ■■■■■■ 96 924 BaUot boxes 97 924 their construction 98 924 their distribution 99 924 Printed ballots 100 925 their contents 101 925 Directions for voters 103 925 Voting compartments. ., 104 927 Posting up of directions ■■■■': ■ • • ^^^ ^^^ Interpretation 107 927 Poll clerk... r 108 928 Constables = •. . ... ., Z .;. 108 (2) 928 Oath. ,. 109 928 Duration of poll 110 928 Agents , , Ill 928 One vote for mayor • 112 928 One vote for councillors - . • 113 928 Penalty '■ 114 928 Evidence of voting ...,,.- 115" 928 Exhibition of baUot box 116 929 Procedure in voting 117 929-930- Explanation to voter 118 930 Breach of duty by presiding officer 119 930 InitiaUng poU book 120 930 Marking of ballot .- • . . 121 930 Secrecy of vote , 122 930 BaUot received, but not used 123 931 Inability, etc., to mark ballot 124 931 BaUot spoiled before voting. .; , 125 931 Persons entitled to be in polling place. ..'. 126 932 Procedure on close of poll 127 932 Objections to be ^oted 128 932 Ballot to be numbered and initiaUed 129 932 BaUot to be indorsed 130 932 Count 131 932 Signed statement 132 932 Agents at count 133 ,932 Certificate of count 134 933 Certificate on poU book and sealing up of packages 135 933 Oath on return, 136 933 Inspection of poU book, etc 136 (3) 934 BaUot paper account 137 934 Summary by returning officer of result 138 934 Casting vote 138 934 Other officials not disqualified 140 934 Assumption of office 141 934 ' Return by returning officer to secretary-treasurer 142 934 Destruction of baUots 143 935 Inspection 144 935 Order for 145 935 Recount 146 935 Deposit 147 936 Attendance 148 935 Procedure, opening of packets 149 935 Time 150 936 Mode of counting 151 936 Costs 152 937 Penalties 153-5 937-8 Secrecy of vote 156 938 Candidate may act as agent 157 938 Candidates and agents 158 938 Errors not affecting result 159 939 Expenses 160 939 Returning officer to be furnished with copies of Contro- verted Municipal Elections Act 161 939 Electors 71 919 Qualification of 78 920 QuaUfication of at first election 71 919 Expropriation 227 963 1726 INDEX TOWN KC^—CmHnued. sec. page Council may acquire land 227 963 Compensation 228 964 Deposit of plan of land taken , 229 964 Claims for damages. . . ; 230 964 Compensation appurtenant to land 231 964 Trustees, etc 232 964 Compensation and damages to stand in lieu of land 233 965 Vesting order ; 234 966 Tender 235 965 Arbitration 236 966 Arbitrator's fees 237 966 Effect of reference 238 966 Costs 239 966 Notes of evidence and view 240 966 Effect of award 241 966 Executions against towns , 363 1002 Copy writ to be delivered to secretary-treasurer 363 (1) 1002 Demands for payment 363 (1) 1002 Execution rate 363 (2) 1002 Sheriff's precept to secretary-treasurer 363 (3) 1003 Levy of special rate 363 (4) 1003 Surplus 363 f5) 1003 Secretary-treasurer's percentage 363 (6) 1003 Secretary-treasurer and assessor officers of court 364 1003 Finance 242 967 Accounts of debts, special rates, sinking funds, etc 242 967 Disposal of surplus 243 967 Sinking fund 244 967 Redemption of debentures not yet payable 245 967 Liability in case of diversion of moneys 246 967 Neglect to levy sinking fund 247 967 Investment of sinking fund 248 968 Surplus income from town works 249 968 Prohibition as to investment 250 968 ConsoHdation of by-laws 251 969 Temporary loans ' 252 969 Debenture register 253 969 Effect of registration 254 969 Certificate of registration 255 969 Cancellation of debenture 256 969 Registration of transfer 257 970 Certificate of ownership of debenture (See Deposit of Sink- ing Fund) 258 970 Forfeiture of land for nonpayment of taxes 324 987 Tax enforcement return. 324 98V Audit of tax enforcement return 325 988 Return to be prima fade evidence 326 988 Treasurer to collect arrears 327 988 Coifft of confirmation of the said return 328 988 Notice of court of confirmation 329 989 Payment of arrears after date fixed for confirmation of return 330 939 Hearing of appHcation for confirmation of return 331 989 Cost of redemption 33O 989 Taxes due January 1st (Repealed) 331 (2) 990 Successful opposition to confirmation 331 (3) 990 Copy of adjudication to be registered 331 (4) 990 Copy of confirmation to be sent to aU interested persons . . 331 (5) 990 Publication of notice of forfeiture 331 (g) 990 Payment of taxes to treasurer after confirmation 332 991 Affidavit of attestation (form) 99I , Issue of certificate of title 333 992 Forfeited land to be liable for school taxes 334 993 Forfeited land may be sold 335 993 ^"^A • ,;. .■■■ ■■ 365 1003 bettmg withm town 355 1004 Penalty ; ] .' 357 joOS forms. ... 5 907 uovemment commission of mquiry 369 1004 Highways and pubhc places / _ 348 999 1727 • INDEX TOWN ACT— Continued. sec. page Within the town 348 909 Without the town 349 999 Repairs 350 999 Private dedication 351 1000 Town's remedy over in action of damages 352 1000 In same action 353 1000 In separate action 354 1000 Admission of third party's liability 355 1001 Nonadmission of liability 356 1001 Joint liability .' 357 1001 Limitation of liability 358 1001 No liability in office of town 359 1001 Interpretation 2 905 Judicial commission of inquiry. . . . r 370 1005 Inquiry by judge ". 370 1005 Investigation by committee of the council 371 1005 Licenses 170 949 Power in regard to 163 (54) 944 Liability for both hcense fees and taxes {See Powers and Duties of Council) 171 949 Local improvements 336 993 Interpretation 336 993 Amount of assessment and mode of collection. . . .^ 337 995 Procedure by-laws 338 995 Petition or notice 339 996 Time of making improvement 340 997 Invalid assessment 341 998 Appeal .' 342 998 Notice of assessment 343 998 Evidence of 344 998 Quashing 345 ' 998 Decisions of the council 346 998 Contents of by-law 347 999 Meetings of council 20 911 First meeting .20 911 Quorum 21 911 Conduct of meetiogs 22 912 Mayor 23 912 Term of office 14 910 Duties 23 912 Appointment of special constables by 24 912 Power of suspension 25 912 To preside^ etc 26 912 Vote, 29 912 May call special meetings . 30 913 May call public meetings 31 913 MonCT by-laws 177 950 General provisions 177 950 Time for which debentures may run under money by-laws. 183 951 Purpose for which debts may be contracted 178 950 Assent of two-thirds of burgesses required , . . . 179 950 Annual rates 180 950 Contents of by-laws 181 951 Time of takiag effect 182 951 Optional mode of payment 183 951 Form.of debentures 184 951 Local improvement debentures 185 953 Execution of debentures and coupons 186 953 Times and modes of issue 187 953 Validation of debentures 188 953 Final passing of by-law. (See assent of burgesses to by-laws and submission of debenture by-law to Minister) ..... 189 953 Oaths of office 55 917 Officials, etc 32 913 Holders of more than one office 56 917 Returning officers, etc 57 917 Before whom to be taken '. 58 917 Auditor's oath of office , 59 917 Before whom to be taken ;'.'..... 60 • 918 Power to administer oath .' 61 918 1728 INDEX TOWN ACT— Continued. sec. PA(iE Deposit of form of oath 62 918 Absence of mayor 63 918 Officials 32 913 Council to appoint certain oflBcials 32 913 Appointment not to be by tender 33 913 Tenure of office 34 913 Security to be given 35 913 Liability 37 913 Gratuities may be paid to 38 914 Police 64 918 Constitution of poUce force 64 918 Members of force to be appointed by the council 65 918 Form of oath 65 918 Council to make regulations 66 918 Duties of police constables 67 919 Existing appointments confirmed '. ■ 68 919 Dismissal or suspension from force 69 919 Council to fix remuneration 70 919 Powers and duties of the council 162 939 How exercised 162 939 Local extent 162 939 Raising revenue 163 939 Temporary loans 163 (2) 939 Exemption from taxation 163 (3) 939 Comprising taxes 163 (4) 939 Agricultural societies 163 (7) 940 Poor relief 163 (8) 940 Police '. 163 (9) 940 Public health 163 (10) 940 Scavengers 163 (11) 940 Planting trees 163 (12) 940 Census 163 (13) 940 Appointing officials 163 (14) 940 Expropriating land 163 (15) 940 Public works 163 (16) 940 Closing streets, etc 163 (17) 940 PubUc buildings 163 (18) 940 Public markets 163 (19) 940 Selling on streets 163 (19) 940 Public scales 163 (20) 941 Parks, rinks, etc 163 (21) 941 Ferries 163 (22) 941 Public wells 163 (23) 941 Regulating pubUc buildings 163 (24) 941 Preventing obstructions in aisles, etc 163 (25) 941 Regulating fire escapes 163 (26) 941 Regulating walls, etc 163 (27) 941 Constructing sewers, etc 163 (28) 941 Building sidewalks, etc 163 (29) 941 Bicycles 163 (30) 942 Clearing snow, etc., by^ residents 163 (31) 942 Clearing snow, etc., by nonresidents 163 (32) 942 Quarries, etc 163 (33) 942 Size of bread 163 (34) 942 Regulating food products 163 (35) 942 Authorizing construction of gasworks, etc 163 (36) 942 Electric and other works ; 163 (37) 942 Contracts for Ught or water 163 (38) 943 Purchase of nuisance ground 163 (39) 943 Removal of rubbish 163 (40) 943 Control of nuisance grounds 163 (41) 943 Controlling privies, etc 163 (42) 943 Abatement of nuisances 163 (43) 943 Slaughter houses. ;...;. 163 (44) 943 Storage of explosives I63 (46) 943 Removal of obstructions 163 (47) 943 Building inspectors 163 (48) 943 Naming streets, etc I63 (49) 943 Regulating speed of vehicles 163 (50) 943 Preventing encumbering of streets ] 163 (51) 943 1729 • INDEX TOWN kOfT— Continued. sec. page Controlling bill boards 163 (52) 943 Billposters 163 (S3) 944 Licensing hawkers 163 (54) 944 Licensing horse dealers 163 (55) 944 Dog tax 163 (56) 944 Licensing billiard tables 163 (57) 944 Licensing shows, etc 163 (58) 944 Licensing places of amusement 163 (59) 944 Licensing businesses, etc 163 (60) 944 Licensing porters, etc 163 (6l) 945 Fire department 163 (62) 945 Fire protection 163 (63) 945 Compelling assistance in putting out fire, razing buildings . 163 (64) 945 Regiilating erection of wooden buildings, etc 163 (65) 945 Chimneys • ■ 163 (65) 945 Removal of unauthorized building 163 (65) 945 Prevention of fires 163 (66) 945 Destruction of noxious weeds 163 (67) 945 Hospitals 163 (69) 945 Licensing pawnshops 163 (70) 946 Regulating railways 163 (7l) 946 Regulating railway trains 163 (72) 946 Parks, exhibition grounds, etc. 163 (73) 946 Erection of buildings, etc 163 (74) 947 Management of parks, etc 163 (75) 947 Appointment of pubUcity agent, etc 163 (76) 947 Closing of shops ' 163 (77) 947 Regulating burial of the dead 163 (78) 947 Restraining running at large of animals 163 (79) 947 Disposing of town property 163 (80) 947 Preventing children being on the streets at nightfall 163 (81) 947 Indecent placards, etc 163 (82) 947 Vice, drunkenness, etc 163 (83) 948 Gaming 163 (85) 948 Horse racing 163 (86) 948 Vagrants 163 (87) 948 Indecent exposure 163 (88) 948 Bathing 163 (89) 948 Preserve order, etc 163 (90) 948 Care of sick 165 948 Establishment of fuel yards in event of emergency 169 949 Licenses 170 949 May do omitted work 172 949 Penalties 365 1003 AppUcations of fines 366 1004 Transportation and maintenance of prisoners 366 (2) 1004 Amount of penalty; etc 367 1004 Recovery of penalties 368 1004 Quashing by-laws, etc 225 962 Motion to quash 225 962 By-laws procured by bribery or corruption '. 226 963 Rates. 294 ggl Liiuitations ' 294 981 By-law for 295 981 Deficiency 296 982 Equal deduction 297 983 Surplus 298 983 Date of maturity of taxes 299 983 Secretary-treasurer 39 914 Secretary-treasurer to attend meetings, etc '. . . 39 914 Secretary-treasurer to furnish bond 39 (2) 914 Records open to inspection 40 914 Copies of records 41 914 Secretary-treasurer's duties as to 44 914 Secretary-treasurer's duties as to deposits and cheques 43 914 Books to be kept by secretarystreasurer 44 914 Half-yearly statement of 44 914 To charge search fee 45 915 Absence. 4g gj^g Duties in regard to assessment 267 972 1730 INDEX TOWN ACyr—Contin-ued. sec. page To be clerk of court of revision 293 (6) 980 SoUoitor 48 915 Appointment ■ - • 48 915 Remuneration ■ • 49 915 Submission of debenture by-laws to Minister of Municipal Affairs ;■.•••• 1^0 953 Application for approvaj of debenture by-law by Minister. 190 953 Certificate not to be granted while proceedings pending. . . 190 (2) 954 Minister may grant certificate upon proof of substantial compliance with law , 191 954 By-law and debentures not to be open to question after approval 192 964 Countersigning of debentures 193 954 Time 3 906 Computation of 3 906 Extension of 4 907 Town Act 1 '905 Short title 1 905 AppUcation of Act 7 907 Towns ^ 8 907 Rights and obligation of 8 907 Corporate name of .' ; 8 (2) 907 Incorporated by special Act not affected by this Act 9 908 Boundaries (See boundaries of towns) ^ 10 909 Taxes 300 983 To be levied equaUy 265 971 'Preparation and contents of roll 69, 300 973, 983 Tax notice 72, 301 975, 984 Instahnents 303 984 Rebate 304 984 Land tax a hen , 305 984 Evidence of 306 985 Distress for taxes where lien 307 985 Goods of owner or taxed person only seizable 308 985 Tenants' goods 309 985 Distress where no hen 310 985 Stranger's goods 311 986 Assignee or liquidator 312 986 Exemptions 266 971, 986 Selection 314 986 Anticipatory distress 315 986 Costs 316 986 Errors 317 986 Sale of goods 318 987 Surplus, return to 319 987 Surplus, claim to 320 987 Contested claim 321 987 Reasons for nonoollection 322 987 Penalty for nonpayment (See forfeiture of land for non- payment of taxes) 323 987 Vacancies in council 16 911 Resignation 16 911 Declaration of vacancy 17 911 Election to fill vacancy in covmcil 18 911 Compulsory resignation 19 gn Voters' lists (See elections) 78 920 TOWN PLANNING ACT (Chapter 18)— 1913 (1st Sess.) 1367 Approval of town planning scheme 1 (6) 1368 Authority, local 1 (2) 1367 responsible 2 1368 powers of.... 4 1370 failure to adopt scheme g 1372 Arbitration, under section 5 (3) .....'. 5 (3) 1371 under section 6 (4) 5 (4) 137^ Administering Act, expenses of 9 1373 Compiission, town planning 2 (2) 1368 Co-operation in carrying out provisions 3 (2) 1370 Coiiipensation g 1370 time for '..'.'.'.'.'.'.. 6 (2) 1371 , 1731 INDEX TOWN PLANNING ACT— Continued. sec. page recovery of 5 (5) 1371 when scheme revoked ; . . 5 C6) 1371 exclusion of 6 1371 cannot be paid twice 6 (3) 1372 Expropriation, right of 7 1372 Expenses of administering Act 9 1373 Funds, how raised 2 (5) 1369 General provisions Scliedule 1373 Increase on value 5 (3) 1371 responsible authority entitled to half 5 (3) 1371 not paid for 7 (2) 1372 injuriously affected, meaning of 5, 6 1370-1 inquiry by Minister 8 1372 Local authority, definition of 1 (2) 1367 may make application 1 (3) 1367 , Land, defined 1 (4) 1367 what included in scheme . . . .- 1 (5) 1367 Minister to approve of scheme 6 1371 powers of 8 1372 may enforce scheme 8 (2) 1372 Mandamus 8 (3) 1373 Notices to persons interested in lands affected 3 (2) 1370 before removal of buildings 4 1370 Objections against scheme 1 (6) 1368 PubUc inquiries 8 1373 Parks and open spaces 6 (2) 1371 Provisions in scheme 2 (3) 1369 genera! 2 (3) 1369 special 2 (4) 1369 Preliminary expenses 2 (7) 1369 Proceedings anterior to"appUcation 3 (26)1368 Questions decided by arbitration in some cases 4 (3) 1370 Questions as to property affected 5 (4) 1371 Removal of buildings 4 (la)1370 expense in connection with 4 (2) 1370 Responsible authority, definition 2 1368 Regulations '. 3 1370 as to procedure 3 1370 require approval of Minister 3 1370 contents of 3 (2) 1370 Revocation of scheme .5 (6) 1371 Scheme — preparation of 1 1367 approval of 1 (6) 1369 objection to 1 (6) 1369 variation of .' 1 (7) 1369 effect of approval of 1 (8) 1369 contents of 2 (3) 1369 provisions as to area 2 (4) 1369 area covered by 2 (4) 1369 raising of funds for 2 (5) 1369 powers to enforce 4 1370 Short title 10 1373 Schedules I373 Town Act to apply in certain cases : 2 (6) 1369 Town planning commissions 2 (2) 1368 vacancies on 2 (2) 1368 TRANSFER OF EXECUTIONS AND JUDGMENTS (Chapter. 17)-1914 1489 Approval of inspector of legal offices 1 1489 Certified copies ;....'.. 3 1489 Copies of judgments and orders 3 1489 Detached territory 1 1489 Judgments, copies of 3 1439 Powers and duties of the sheriff 1 1439 Transfer and transmission 1_4 1439 approval of inspector of legal offices 1 1489 powers and duties of sheriff 1 1439 unexecuted writs 1 1439 1732 INDEX TRANSFER OF EXECUTIONS AND JUDGMENTS— Continued. unpaid judgment where seizure already made Writ of execution to be transferred TRANSFER AND DESCENT OF LAND (Chapter 19)— 1906. . Adultery, by husband by wife Devisee to take from personal representative Dower abolished Effect of transfer of words of limitation Estate tail abolished Estate in fee simple substituted for estate tail Fee simple not cfhangeable in limited estate Husband's right Illegitimate child dying intestate Illegitimate children inherit from mother interpretation of words: "Instrument" ' "Land" "Transfer" "Transferror" "Transmission" ; .' . Land to be considered pergonal estate Married woman to be as if feme sole Tenancy by the courtesy abolished Transfer, effect of between consorts of land to man and wife Widow's right ; . Words of limitation, effect of '. . TRAVELLING SHOWS ACT (Chapter 18)— 1914. Constable to have free access Fees License, fees municipality not in exhioit without license production of revocation of sale of transfer of Onus of proof Penalty for vmlicensed exhibition. . : Prosecutions Unlicensed shows TREASURY DEPARTMENT ACT (Chapter 5)— 1906 Accounting for public moneys : in hands of revenue officer deemed property of Crown . . . not accounted for, procedure to recover summary judgment for 44 lost through malfeasance, etc., liability of officer penaltjr for neglecting to transmit accounts, etc regulations regarding revenue officers, by , time for time for may be varied Accounts against Government to be rendered in duplicate. . . . examination of by department, mode of how certified '. ; 68, 69 Appointments and commissions existing to continue Appropriations : accounts, payment during first month of succeeding year. . cheques not to issue unless authority therefor. persons receiving moneys for specific purposes failing to apply them, substitutioA of other funds 45 48 unauthorized expenditure to be reported by Auditor to Treasurer 64 5j 1733 2 1489 2 1489 1 1489 97 12 98 U 98 4 98 5 98 3 97 3 97 9 98 9 98 9 98 6 98 14 99 13 98 1(4) 97 1(1) 97 1(2) 97 1(3) 97 1(5) 97 2 97 10 98 6 98 7,8 98 8 98 7 98 5 98 3 98 1490 8 1491 3-4 1490 3^ 1490 7 1491 2 1490 11 1491 5 1491 10 1491 10 1491 12 1491 6 1491 12 1491 6 1491 41 16 43 42 47 44 47 46 48 41 47 35 46 16 43 16 43 23 44 62 50 65 51 ,69 52,53 54 49 24 44 68 52 , INDEX TREASURY DEPARTMENT— CoM«iraued. sec. page unauthorized expenditure to be reported by Treasurer to Assembly 64 51 unexpended, lapse of 24 44 Attorney General,, opinion of regarding appropriations 68 (1) 52 recovery of penalties and forfeitures 63 49 suit by, for public moneys 44 47 Audit of public accounts, questions regarding before treasury board 68 (3) 52 regulations regarding 57 60 Auditor, accounts when certified to be handed auditor for examination 64 51 accounts, other, examination of 71 53 by whom to be rendered 72 53 statement to be submitted Treasurer 73 54 Auditor to give certificate 73 54 appointment of 56 50 appropriation accounts, examination of 64 61 re-examination of 66 51 expenditure from, found unauthorized, report to Treas- urer 64 51 Assistants, appointment of 56 60 books, to be kept by 58, 59 50 system of to be submitted to treasury board 69 60 cheque books to, be examined by, monthly 66 62 departmental receipts and expenditures to be audited monthly 60 60 certificate thereof 60 60 departmental books, to have access to 74 64 departmental examination of a ccoimts,not to relieve Auditor 62 51 departments may be required to furnish reports and returns to 30 45 detention of moneys improperly, to be reported by 75 54 differences between, and department, adjustment of 70 53 duties of 55-77 50-64 examination of accounts and vouchers^ mode of 64 61 expenditures, authority for, to be certified by '. ■ . 68 52 parties liable to account, nonpayment by, to be reported. . 76 54 public receipts and expenditures, other than departmental, report of on appropriation audit of 71 63 report of on appropriation accoimts, submission to Assembly 76 54 rules for conduct of business, may be made by 57 50 statement to treasury board monthly 77 64 term of ofl&ce of 65 50 vouchers, disposal of, after audit 63 51 Book-keeping, mode of 12, 59 43, 50 regulations regarding 12, 59 43, 50 Bribing revenue officers, penalty 47 48 accepting bribes 47 48 Cheques, Auditor to countersign 68 (5) 63 cheque books to be examined monthly 66 62 entry of 66 52 expenditure to be by 27 45 issue forbidden, unless appropriation therefor 67, 68 62 unless legislative authority therefor 68 62 exceptions 68 (2) 52 preparation of 66 62 signature of 66, 68 (6) 52, 53 Clerk of Executive Council to inform Auditor of certain appoint- ments • 72 63 Departmental receipts and expenditures, monthly audit 60 50 Departmental books, Auditor to have access to 74 54 examination of accounts 62 50 not to relieve Auditor 62 50 Departments may be required to furnish statements to Auditor. 74 54 Detention of moneys, improper, to be reported by 76 54 Estimates, balances unexpended to lapse 24 44 matter to be contained in 26 44 period provided for in 24 44 1734 INDEX TREASURY DEPARTMENT— Con/mued. sec. page Evidence before treasury board (See treasury board) 37-40 46-47 Examinations and inquiries to be on oath 37, 39 46 Expenditure, unauthorized, board to decide on 68 (3) 52 to be by cheque 27 45 extraordinary, Lieutenant Governor's warrant for 68 (2) 52 authority for 68 52 made without Auditor's certificate 68 (4) 52 Fiscal year, accoimts due in previous year, payment of 24 44 period of 21 44 revenues belongiug to previous year 16 43 Functions, powers and duties of Provincial Treasurer 18 43 General revenue fund, appropriation of, to be on message of Lieutenant Governor 7 42 expenditure by cheque 27 45 investment of 26 44 charges against 6 42 revenues composing 6 42 Interpretation 2 41 Judgment for public moneys, summary recovery of 44 47 Lapsed appropriations 24 44 Lieutenant Governor's warrant for extraordinary expenditure payment to be made by, when no other provision 68 (2) 52 MunicipaUties, returns to be made by 29 45 manner of making 30 45 Organization of department 3 41 Payment (See Expenditure) 27 45 vouchers 63 51 on progressive estimates 69 63 Penalties and forfeitures 41-49 47-48 bribes, offering 47 48 accepting 47 48 neglect to transmit accoimts or returns 41 47 property of His Majesty 43, 53 47, 49 suits by Attorney General for ; 44 47 witness failing to attend 40 47 Provincial Treasurer, appointment of 3 41 department to be presided over by 3 41 powers and duties 4 41 Progressive estimates, payment of 69 53 vouchers and certificates to be produced 69 53 PubUc accounts, auditing (See audit, auditor) 60-65 50-51 mode of keeping account books 12, 20, 59 43,44,50 regulations of auditor 35, 57 46, 50 yearly statement of 22 44 Public aid, bodies receiving reports of 28 45 reports of, how to be made 28 45 PubUc oflScers, to account to Auditor 72 53 to pay balances 75 54 recovery of balances from 44, 53 47, 49 Public worta, or buildings, accidents to, extraordinary expendi- ture for 68(2) 62 Regulations regarding, bookkeeping, etc 17, 20, 48, 68, 59 43, 44, 48, 50 Remedies apart from Act not impaired 49 43 Remission of taxes or fees in certain cases 51 49 statement of, to be submitted to Legislature 52 49 Returns by institutions aided by Government 28 46 mode of making, in certain cases 30 45 municipalities 29 46 parties liable to account 4X 47 revenue officers 16 43 school districts 29 46' viUages 29 45 penalty for omitting ; 41 47 Revenue, payment to Treasurer I7 43 Revenue officers, accepting bribe or unauthorized reward 47 43 accounting and payment by 16 43 alteration of tmie for 23 44 appointment of g 42 books, accounts, etc., open to inspection 17 43 1735 INDEX TREASURY DEPARTMENT— Contmued. bribing or rewarding, penalty cash book to be kept by employment in different branches ... hours of attendance notice of to be posted licenses, issue of moneys received by, disposition of — oversight and control of payment by, procedure to enforce 43, 44 penalty for not transmitting accounts persons, authorized to act for, acts by proper official for duty assigned, deemed to be salaries '. time for particular duties School districts, retiu'ns to be made by returns, how to be made Security by public officers, existing to continue Short title Staff of department duties of Statistics, books and accounts of, may be kept, returns of by bodies receiving public aid . . SEC. PAGE 47 48 17 43 10 42 11 42 11 42 16 43 17 43 13 43 1,44 47 41 47 9 42 9 42 8 42 11 42 29 45 30 , 45 54 49 1 41 19 43 19 43 12 43 28 45 31 45 31 45 37 46 38 ■ 46 39 46 40 47 32 45 33 45 68(3) 52 34 46 34 46 34 46 36 46 68(6) 53 29 45 30 45 43 47 68(2) 52 68(2) 62 35 46 -40 46 Treasury board composition of examination on oath by order for, on appUcation of of absent person, commission for disobedience to order, penalty / illness or absence of member minutes of meeting questions of audit, raising reports of dissent of member minority report yearly accounts to be examined by and reported on Trust moneys held by Government, certain provisions not to apply to '. Villages, returns to be made by how to be made Vouchers, production of Warrant of Lieutenant Governor, for expenditure under Acts . . for extraordinary expenditure regulations regarding issue of Witnesses, examination before treasury board 37-40 TRUANCY ACT (Chapter 8)— 1910 (2nd Sess.) 847 Age limit... ; 3 847 Employment during school hours 6 848 Excuse 3, 6 847, 848 Interpretation " Instruction by parent . Notice, form of Penalties Proceedings Truant officers powers of duties of Teacher's report U UNEARNED INCREMENT TAX ACT (Chapter 10)— 1913 (2nd Sess.) 1396 UNIVERSITY ACT (Chapter 7)— 1910 (2nd Sess.) 828 Board of Governors 11 830 Borrowing powers 85 844 Chancellor 54 §39 1736 2 847 4 847 851 5 847 10 850 7 848 7 848 8 849 11 850 INDEX UNIVERSITY ACT— Continued. sec. page. Convocation 44 839 Deans of faculties 69 842 Education of Women .' 89 845 Elections 71 842 Faculty councils : 62 840 Faculties, Deans of 69 842 Governors, Board of 11 830 Grant of succession duties 83 844 Interpretation 2 828 President 66 841 Registrar 70 842 Schedule 846 Senate 34 835 Short title 1 828 Succession duties, grant of 83 844 Visitor 84 844 Women, education of 89 845 VILLAGE ACT (Chapter 5)— 1913 (1st Sess.) 1261 Assessor 85 1289 Additions to roll 107 1293 notice of 108 1293 ^Auditor 60 1275 appointment of 60 1275 declaration by 62 1276 statement by 61 1276 Assessment roU 84 1289 form of 84 1289 Assessment 81 1288 manner of 83 1288 of interest of joint tenants 83 (3) 1289 appeals against 93 1290 duties of secretary-treasurer on 94 1290 notice of 99 1291 list of . . . .- 100 1291 hearing 101 1292 to judge 98 1291 proceeding at 103 1292 complaints against 92 1290 exemptions 82 1288 joint tenants' interest .... 83 (3) 1289 manner of 83 1288 mailing notices of 88 1289 notices of 90 1290 form of 90 1290 irregularities in 91 1290 roll 84 1289 contents of , 84 1289 information for 85 ' 1289 falsifying 87 1289 Borrowing powers 76 1284 By-laws 63 1277 quashing 69 1282 Bridges, duties of council as to 73 i283 Boundaries ^ 12 1264 alteration in 12 1264 procedure on disorganization I3 1265 Costs. 105 1292 Council 24 1267 meeting of 24 1267 Coupons attached to debenture 78 1286-7 n ^r^°^- ■■■■:■■ -Vi '.'.'.'/.'.'.'. 78 1286-7 uonstable, appointment of 55 1275 Candidates I9 1266 declaration by I9 1266 disqualification 20 1266 1737 INDEX VILLAGE ACT — Continued. sec. page Council 63 1277 powers of 63 1277 CounoiUors 18 1266 appointed 33 vl269 duration of office 34 1269 declaration of office of 19 1266 disqualification 20 1266 not eligible for municipal office 19, 20 1266 resignation 30 1268 term of office 21 1267 qualification 19 1266 vacancies 32 1268 voting at meetings 27 1267 Control of highways 71 1283 Debentures, issue of 78 1286 form of 78 1286 how payable 79 1287 Election of reeve 23 1267 Errors, correction of 15 1266 Erection of villages 7-10 1263-4 petition for 8 1263 form of 1263 posting notice of petition 9 1264 Executions 146 1303 enforcement of 146 1303 procedure on 146 1303 Levying vote upon 146 1303 Forfeiture for nonpayment of taxes 127 1297 Forfeited lands, how dealt with 138 1302 Highways, control of 71 1283 light of entry upon 72 1283 Interpretation 2 1261 Irregularities, waiver of 158 1306 Limitation of action 74 1283 I)eriod of 74 1283 Meeting of council 24 1267 rules of procedure at 26 1267 voting at 27 1268 reeve to preside 28 1268 absence of reeve 28 1268 Notice of poll 44 1271 form of .• 44 1271 Notice of petition : . . 8 1263 form of 8 1263 effect of publication of : 11 1264 Nominations 36 1269 form of notice for 38 1270 withdrawal of 42 1270 Nomination meeting 36 1269 first ; . . 36 1269 subsequent 37 1269 Officials ; 56 1275 appointment of 56 1276 how made 58 1275 duration of office 69 1276 Orders, validity of. 14 1265 Penalties 139 1302 how enforced 140 1302 disposition of , 141 1302 procedure , 142 1302 on illegal by-laws 143 1303 Polling 47 1271 hours of 46 1271 Powers of council _ 63 1277 Petition to Minister ' 75 1284 form of.: 75 i284 Posting of notice of meeting of electors ' . . 38 1270 Process : ; ; . . 104 1292 Proceeding at poll -. . . .^ , ... . . 47 1271 1738 INDEX VILLAGE ACT— Continued. sec. page Public Works Act, application of ^. 72 1283 Quorum. 25 1267 Regulations making 49 1274 Returning oflBcer 35 1269 . Roads— 17 1265 duties of council as to 73 1283 repair of 73 1283 Road allowances 16 1265 Roll, copy certified prima fade evidence of 110 1293 Reeve 23 1267 to preside at meetings 8 1263 duties of 29 1268 resignation of 30 1268 Secretary-treasurer — 35 1269 appointment of 50 1274 duties of 51, 110, 1274, '93 may appoint deputy 53 1275 to give Ijond 54 1276 Search fees 52 1274 Signing roll 109 1293 Taxation Ill 1293 demand from school trustees (Repealed — 1914, c. 8, s. 10) . . 115 1294 deficiency in school taxes (Repealed — 1914, c. 8, s. 11) 115 1294 estimates ■ Ill 1293 appeals against assessment 92, 106, 1290, '93 levy rate for 112 1293 rateof.. .., 113 1294 rates, school 114 1294 maiUug notices of 117 1294 Taxes 119 1295 adjustment of 126 1296 recovery of arrears of 124 1295 forfeiture on nonpayment of 127 1297 arrears 123 1295 are preferential 117 1294 nonpayment of ^ 120 1295 penalties for nonpasrment of 120 1295 receipt for 121 1295 credited on roll 122 1295 redemption of 133 1298 redemption after confirmation 135 1300 ■ village minimum 113 (2) 1294 school minimum (Repealed — 1914, c. 8, s. 8) [ 113 (3) 1294 Tax returns 127 1297 enforcement of •. 127 1297 to be evidence of nonpayment 129 1297 lands in return to continue liable .• 130 1297 confirmation 131 1298 notice of confirmation comi; of 132 1298 court of confirmation 132 1298 VITAL STATISTICS ACT (Chapter 13)— 1907 390 Short title; interpretation 1 390 Administration 3 390 Inspector of^ vital statistics 4 390 Registrars; population; statistics; church notice 5, 10 390, 391 Registration of births 14r-16 392 Registration of marriages and deaths 17-19 392-3 Correction of errors 25-30 394r-5 Regulations 31 395 Penalties and prosecutions 33 396 Schedule 397HtOO W WILD LANDS TAX ACT (Chapter 3)— 1914 1450 Appeal from assessment 21 1455 Assessment g 1452 1739 INDEX WILD LANDS TAX ACT—Cmtinued. skc. page how made 8 1452 on rateable land 8 1452 according to assessed value 8 1452 made by assessor 8 1452 date of assessment 9 1452 Assessment notice 14 1454 mailing of 14 1454 posting 15 1454 form of 15 1454 errors do not invalidate 17 1455 Assessment appeal 19-21 1455 form of notice '.y 19 1455 errors may be corrected 20 1455 right of 21 1455 to whom 21 1455 unknown owner to be assessed 12 1454 Assessment districts 4—7 1451 Applications for confirmation 35 1458 Auditors, appointment of 40 1460 Bonds 6 1451 assessor to give 6 1451 collector to give 6 1451 amount of 6 1451 Cultivated land. 3 (18)1451 Court of confirmation 33 1458 Confirmation of tax return 33 1458 Cost of redemption 36 1458 Certificate of title , 38 1460 CoUeetion of taxes 5 1451 appointment of collectors 5 1451 bonds for 6 1451 collector to make 39 1460 how made • 39 1460 Enclosed land, definition 3 (16)1451 Exemptions from taxation. . ; 3 1450 Farming land. 3 (17)1451 Farmer residing on land 3 (17)1451 Farmer, bona fide 3 (17)1451 Interpretation 43 1460 owner 43 (1) 1460 land 43 (2) 1461 person 43 (3) 1461 assessor 43 (4) 1461 coUector ,. 43 (5) 1461 Minister 43. (6) 1461 crop 43 (7) 1461 Land owned by bona fide farmer exempt 3 (17)1451 Lands exempt from taxation 3 1450 Lieutenant Governor in Council, powers of 41-42 1460 Notice of assessment 14^15 1454 Notice of confirmation court 34 1458 Nonpayment of taxes 30' 1457 Payment of arrears 35 1458 Payment after confirmation 37 1458 Posting notice of assessment 15 1454 Rate of taxation 2 1450 Remuneration of auditors 40 1460 Tax, rate of 2 1450 exemptions from 3 1450 assessment and taxation 8 1452 how made and levied 2 1450 when due 24 1456 penalty for nonpayment 26 1456 distress for 28 1456 nonpayment of 30 1457 forfeiture for nonpayment 30 1457 lien on land 25 1456 return 31 ' 1457 collection of 39 1460 suit for 29 1457 1740 INDEX SBC. PAGE WITNESSES AND EVIDENCE ACT (Chapter 3) 800 WOLF BOUNTY ACT (Chapter 13)— 1909 763 Appointment of inspectors 4 763 Administration of oaths 5 763 Appropriation for bounty 7 764 Bounty 3 763 Penalties 8 764 WOODMAN'S LIEN ACT (Chapter 28)— 1913 (2nd Sess.) 1438 WORKMEN'S COMPENSATION ACT (Chapter 12)— 1908 .... 496 Short title 1 496 Application and definition 2 496 LmbiUty of employers to workmen 3 498 Time for taking proceedings 4 499 Contracting out 5 499 Sub-contracting 6 500 Provision as to cases of insolvency of employer 7 501 Remedies against both employer and stranger.-. 8 502 Provisions as to existing contracts 9 502 Commencement : 11 503 Rules imder Act 521 Schedules .• 503 Scales and conditions of compensation 503 Arbitration 506 1741 Ill Iplh ilpiPti i^in^i mmm