•*.2 .»?. .-,-j^^ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES PROVIISiniAL LIBRARY. 1^RE EEYISED STATUTES OK SASKATCHEWAN 1920 PUBLISHED UNDER THE AUTHORITY OF THE ACT RESPECTINC THE REVISED STATUTES OF SASKATCHEWAN 1920, PASSED IN THE FOURTH SESSION OF THE FOURTH LEOISLATURK. Volume 11 '^m •^^ REGINA: Printed by J. W. Reid, King'3 Printer /// ronformity with the original Roll oj the said Revised Statutes, deposited in the Office 0^ the Clerk of the Legislative A$sembly. 1921 I»«OVINCIAL LIBRARY, VICTORIA. B. C. TAIM.E ^)V CONTENTS VOLUME 11 SECTION VIII MUNICIPAL MATTERS ;. MUNICIPAL INSTITUTIONS GENERALLY CHAPTKli 8() ( 'itios. 87 Towns. 88 Villages. 89 Rural Municipalities. 90 Local Improvement Districts. 2. MISCELLANEOUS MUNICIPAL MATTERS 91 Controverted Municipal Elections. 92 Municipal Public Works. 93 Mechanics and Literary Institutes. 94 Public Libraries. 95 Municipal Telephone Systems 96 Rural Telephone Systems. 97 Assessment of Railways. 98 Wolf Bounties. 99 Hail Insurance. 100 Seed Grain Distribution. 101 Subdivisions. 102 Repayment Terms of Municipal Debentures. 103 Arrears r)f Taxes. iO'4 To\vii-Plaiinint>; and Umal l)('Vt>l(jpm(M)t. iO.'j Housing in Urban Municipalities. 100 Material for Fencing I'urposes. 107 Relief in Local Improvement Districts. 1106401 IV TABLE OF CONTENTS SECTION IX EDUCATION C'HAPTEIt 10i^t i|J,^,',^!'e"''°^ being a public hotel), boarding house, lodging house or rooming house in which tiiere are at h'ust six bedrooms or l)eds used by or set apart for the use of lioarders, lodgers or inmates and for the use of which a charge is nuide by the owner, ten- ant, occupant, proprietor or manager; 2. "Burgess" is an elector who is such in respect of f roe- "Kwrgess" hold property ; 3. "Business" includes any trade, profession, calling, "Business- . occupation or employment ; 4. "City commissioners" means the commissioners of a "CHy co™- J niisaioners city; PROVINCIAL LIBRARY, 1140 Cap. 86 CITIES "Clerk," etc. "Council" "Elector" "Felony,- etc. 5. "' "Hawker" "pedler" "Income' 'Judge" "Land" 'Clerk/' "treasurer," ''assessor" and "auditor" mean respectively the persons occupying the positions of city clerk, city treasurer, city assessor and city auditor ; 6. "Council" means the municipal council of a city ; 7. "Elector" or "voter" means a person entitled to vote at municipal and school elections in a city; 8. "Felony" means an indictable offence which since the passing of live Criminal Code is punishable with death or imprisonment for a period of five years or over, and "misde- meanour" means any offence for which under the said code the extreme penalty is imprisonment for a term less than five vears and not less than two vears; 9. "Hawker" or "pedler" means a person who (being a principal or an agent in the employ of any person) goes from house to house selling or offering for sale goods, wares or merchandise, or carries and exposes samples or patterns of goods, wares or merchandise for purchase and sale by such sample or pattern or hy means of cuts or blue prints and upon the understanding that such goods, wares and merchan- dise are to be afterwards delivered in the city to any person who is not a wholesale or retail dealer in such goods, wares or merchandise, or who sells such goods, wares or merchan- dise upon the streets, but does not include a person selling by retail meat or other products of his own farm or fish of his own catching, or the bona fide servant or employee of any such person having written authority to sell; 10. "Income" means the profit or gain (whether ascer- tained and capable of computation as being wages, salary or other fixed amount, or unascertained as being fees or emolu- ments or profits from a trade or commercial or financial or other business or calling) directly or indirectly received by a person from any office or employment or from any profes- sion or calling or from any trade, manufacture or business during the year next preceding that for which the assess- ment is made, and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security or without security or from stocks or from any other investment and also profit or gain from any other source whatever; 11. "Judge" means a judge of the district court of the judicial district within which the city is situated, and "court" or "district court" means the said district court ; 12. "Land" includes lands, tenements and hereditaments and any estate or interest therein, or right or easement affecting the same ; and (a) land covered with water; (h) trees and underwood gi'owing upon land; CITIES Cap. 86 1141 (c) mines, miuerals, gas, oil, salt, quarries and fossils in and under land; and {d) in case of special franchise, machinery, fixtures, buildings, structures and other things existing, erected or placed upon, in, over, under or affixed to . . land or any highway, road, street, lane or public place or water, but not the rolling stock of a rail- way or street railway ; 13. ^'Minister" means the Minister of Municipal Affairs ; "Minister- 14. ''Money bylaw" means a bylaw for contracting a debt "Money or obligation or for borrowing money ; ^ "^ 15. "Municipality," "city" or "city municipality" means ;*Municipai- any city municipality now incorporated as such and also any|'city" city municipality hereafter incorporated under the provi- nfun^dpaiity" sions of any Act; 16. "Person" includes a corporation or partnership and "Person- women as well as men ; 17. "Places of public accommodation" means and includes "piaces of public hotels, boarding houses, restaurants, sample rooms and m"odation^°™' rest and reading rooms; 18. "Public hotel" means and includes every place of"Pubiie public accommodation, supplying lodging and meals to trav- ellers and guests, and licensed as a public hotel under this Act; 19. "Referred bylaw" means a bylaw referred to the vote -Referred of the burgesses; ^^'^'^ 20. "Resident" means a person residing within the limits "Resident- of the city ; 21. "Restaurant" means and includes every building or "Restaurant" part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public, which has and regidarly uses seating accommodation for serving more than eight paying gTiests at any one meal ; 22. "Revised assessment roll" means the assessment roll "Revised of the city or of any ward thereof as finally adopted by the roir*™ ° council ; or in case there have been any appeals to the Local Government Board, as finally revised by the board ; 23. "Revised voters' list" means the voters' list of the "Revised city or of any ward thereof as finally revised by the council ; Hst-"^^ 24. "Special franchise" means every right, authority or "Special^ permission to construct, maintain or operate within the city in, under, above, on or through any highway, road, street, lane, public place or public water within the jurisdiction of the city any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for the purposes of bridges, railways, tramways or for the purpose of ooudncTing 1142 Cap. 86 CITIES "Transient trader" steam, heat, water, ixas, oil, electricity or anv proporty, sub- stance or product ca]^al)le of heing' transported, transmitted or conveyed for the sni)ply of water and heat, power, trans- portation, teleiirapliic or other service; 25. "Transient trader" means a person doing hnsiness in the municipality who occupies premises foi- t(^mporary ]n\v- poses, or Avho, not ha\inu resided in the nuinicipality for at least three months next preceding" the time of the connnence- ment hy him of snch l)nsiness, offers goods or merchandise for sale by auction or in any otlier manner, and whether conducted by himself or a licensed auctioneer. The term shall include any person commencing business in the muni- cipality, whose luime has not been entered on the assessment roll for the then current year, in respect of business or income. 1915, c. 16, s. 2:' lOKi. c. IS. ss. 2. :5. . (sess. 2), c. 25, s. 2; 1<)18-1S>. c. :'>4. s. -2. 191' Boundaries of townships and sections 3. For the purpose^ of defining bonndaries of a city muni- cipality under this Act those sides of road allowances on which monuments or ])osts have l)een or may hereafter \x' placed under a survey made or to be made pursuant to TIip Dominion Lands Arf. being chapter 55 of The Revised Sfatufes of Can(id({ 1901). The Dominion Lands Sur-vej/s Arf, being chapter 21 of the statutes of Canada 1908 or any enactment which may be ])assed in amendment thereto or in substitution therefor, shall be the l)onndaries 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 boundaries and that the boundaries of any Indian reserve shall be the lines defininc" that side of the road allowance innnediatelv next to such Indian reserve. 1915, c. 1(3, s. 1916, c. 18, s. 5. Conipntiitioii of time 4. — (1) Where anything is required to be done on a day which falls on a holiday such thing may be done on the next day which is not a holiday; but nothing in this section con- tained shall extend or aj)ply to the day fixed l)v this x\ct for the nomination or (dection of candidates for the otfices of mayf)r or alderman. (2) Notwithstanding anything contained in TJie Jnlcr- pretation Arf, whenever any particular time of the day is referred to in this Act the same sludl mean ^'mountain standard time" or any other time that the council may adoi)t by bylaw for i-egulating business hours within the cit_\'. 4. 1915, c 16, s. Extension of time •">• Wlu-re in this Act a certain date is fixed on or by which certain things are to be done or proceedings had, if it appears that such date was fixed having regard to an earlier date fixed, on or bv which certain other thin<;s are to be done or (iTiKs ( ap. H($ 1143 pi'oeeediiigs had, tlicii, notwithstMiidino anvtliiiii;' liorcin con- Taino'l, if dcfanll he niado in i-ospcct of the carlici' dat(% a like delay .shall he allowed in i-esjx'cl of the later date. 11)15, c. 16, s. 5. orms <>• Where forms are prescribed, deviation therefrom not f affecting' the substance nor calcnlat(Ml to mislead shall not N'itiate the same, and forms to the like etfect and in snbstan- rial compliance with this Act shall suffice. 1015, c. Id, s. (1. t. Where po\v(M- to make bvlaws, regiiLitions. rnles «»i'Hyi;,« orders is conferred it shall include the power to alter revoke the same from time to time and to make others. 11)15, c. 1 6, s. 7. PART T. Incorporation. H. The inhabitants of every city heretofore or hereafter Corporation created or estaldished in Saskatchewan shall be a municipal"'""'^ corporation under the name of "The (Mtv of ." 1915, c. 16, s. 8. ^ (1) Whenever two-thirds of the adult inhabitants Annexation wlio are householders of and in any territory adjacent to the" city desire annexation thereto, and present a petition to that effect to the council, and the council agrees to such annexa- tion or any part thereof, the Lieutenant Governoi- in Council may by proclamation annex the said territory, or ])art thereof, to and make it part of the city, from and after such date and on such terms and conditions as the Lieutenant (rovernor in ("ouncil may order. (2) ]Sio such annexation shall be made undei' this section except on condition that an area of at least five p(>r cent, of th(> territory ])roposed to be annexed shall be contributed or allotted by the owners of the lands in such territory or by some of them to the city, to lie u.sed as ]»ublic ])arks (u- open spaces or for such other ci\ic ])ur])oscs as the council may deem most ex])edient. (3) In the event of such owners failing to agree as to the area so to be contributed or allotted, the city may purchase such area from any part of the said territory, or may expro- ]>riate the same in accordance with the provisions of Part X, and may charge and assess the price or compensation payable therefor against the lands in the said territory rateablv in proportion to their respective values as shown by the next revised assessment roll, and the several amounts so charged and assessed may be le\ied and collected in like manner as nnmicipal rates and taxes are by law recoverable. 1015, c. 16, s. 0. 1144 Cap. 86 CITIES Altering the limits of a city Powers ander bections 9 und 10 10. — (1) The Lieutenant Governor in Council may, upon the request of the council of any city, include within the city any territory adjacent thereto, which, from the proximity of streets or buildings or from the probable future exigencies of the city, it may be deemed desirable to include therein or to annex thereto: Provided that no such request shall be made until the owners of the land proposed to be added have been heard at a meeting of the council of which twenty days previous notice has been given to each such owner either by handing the same to him personally or by sending it in a registered letter to his last known address. (2) In case for any cause it is satisfactorily shown that the limits of a city should be altered by adding thereto or taking therefrom any territory, the Lieutenant Governor in Council may, of his own motion and without any request therefor, but after consultation with the municipal council, make such alterations and make due provision for the settle- ment and adjustment of all matters arising out of such alteration. (3) Every alteration of the limits of a city shall take effect upon such date, and on such terms and conditions, as the Lieutenant Governor in Council may by proclamation determine. 1916, c. 18, s, 6. 11. The power conferred by sections 9 and 10 upon the Lieutenant Governor in Council to provide terms and con- ditions for the annexation of territory to a city shall, for greater certainty but not so as to restrict the generality of the terms employed in these sections, include and be deemed always to have included the power to make any provision that may be deemed advisable as to assessment, taxation, total or partial exemption from taxation, construction of local improvements, adjustment of liabilities and all other matters affecting the common interests of the city and the annexed territory, or arising out of or in connection with the annexation. 1915, c. 16, s. IL PAET II. Municipal Government. POWERS AKD CONSTITUTION. Exercise of powers Council a continuing body 13. — (1) The powers of the corporation shall be exer- cised by the council of the city, subject to the provisions herein contained as to commissioners, (2) The council shall be deemed and considered to be continuing, notwithstanding any annual or other election of the members composing it ; and, after any such election and I CITIES Cap. 86 1145 the organisation 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. 1915, c. 16, s. 12. 13. The council of the city shall consist of the mayor, who Constitution shall be head thereof, and of six or such other even number '^^ <^""°"* of aldermen not less than six nor more than twenty as the council, by bylaw in the case of a first election and in the case of any subsequent election by a bylaw to be submitted to the electors, shall determine. 1915, c. 16, s. 13. l-l* The council may at any time and from time to time. Wards by a bylaw to be approved by the electors, provide that the city shall be divided into several delineated wards, and that of the aldermen to be elected a number not exceeding four shall be elected from each ward. Every such bylaw shall provide for the retirement of one or more of the aldermen at the expiration of one year and the remainder at the expira- tion of two years, or for the retirement of all either at the expiration of one year, or of two years. 1915, c. 16, s. 14. 15. The council may at any time and from time to time, PoUing by bylaw, divide the city or any ward thereof into polling^" ivisions subdivisions with defined limits, and may alter the boun- daries of existing subdivisions as occasion may require. 1915, c. 16, s. 15. 16. Any alteration of polling subdivisions or creation of Alterations new subdivisions shall be made before the publication of the voters' lists for the year, or, if not so made, shall not take effect until the next voters' lists are being prepared. 1915, c. 16, s. 16. 17. The council of any city wherein the ward system has Abolition of been adopted may, by a bylaw to be approved by the electors, ''''''*^ system provide for the abolition of the ward system and for reversion to the system of electing aldermen bv a general vote of the electors. 1915. c. 16, s! 17. 18. Every bylaw passed under section 13, 14 or IT shall when byiawa take effect so as to be applicable to the then next ensuing ^''''^ ^^^* election for aldermen, and the aldermen then in office shall hold office only until the new council meets notwithstandina: that the term of office for which they were elected has not elapsed. 1915, c. 16, s. 18. 19. Where a bylaw is passed under section 13 or section Ascertainiag 17, then, unless otherwise determined bv the said bvlaw, of ^^^ °^ ^^"^ the number of aldermen elected the half receiving the high- est number of votes, or, in the event of there being no poll, the half first nominated shall hold office for two vears and 114() ("up. 86 CITIES Ter'Mi ()I orticc* of :ilclcnn-in the remiiiniiig half for one year, and thercattcr oue-half the required number of aldermen .sliall be elected annually by a general vote of the electors and shall hob I office for two years unless otherwise provided. 1915, c. IG, s. 19. 20. The term of office of an alderman shall not exceed two voars. 1915, c. 16, s. 20. Election of niuyor *ii. Tlic mavor shall lie clccti'd annualh liv a general vote of tlic electors in tlic manner hereinafter provided. 1915, c. lb, s. 21. Remimeiation of mayor and council 22. Th(> mayor shall be j)aid such renin ncration as shall be lixed l)y the council, and each of the abk-rmen shall as remuneration be paid $5 for each regular or special meeting of the council and for (\ich met'ting on other occasions in committee of the whole, provided that the ti>tal sum paid to an alderman for the year shall not exceed three hundred dollars. 1918-19, c. :34, s. 8. Persons eligible for council 2o. Kverv person sliall be (dio-ible for election as mavor or alderman who is a British subject by birtli or by natural- isation, is of the full age of twenty-one years, is able to read and write, is not subject to any disqualitication under this Act and is resident within the city or within two miles of the limits of the city and whose name appears on the voters' list provided for in section 99. 1915, c. lr>, s. 23; 191T, c. 11, s. 2. Person-s disqualified for council 24. — (1) ^N^o judge of any court of civil jurisdiction, no sheriff, no gaoler or keeper of a house of correction, no con- stable, assessor, city clerk, treasurer, auditor or other ])aid official of the citj'', no bailiff, no inspector of licenses, no pov- son having by himself, his partner or agent an interest in a contract with or on behalf of the city, or being indebted to the city, no surety for any officer or employee of the city, no person who is insolvent within the meaning of The Banl'- ruptcy Act and no person who has been convicted of an offence punishable with death or with imprisonment for hve 3^ears or over, shall be qualified to be a member of the council. (2) IsTo person shall be disqualified from being a mem- ber of the council by reason of his having a contract for the publication of an advertisement in a newspaper or by reason of his being a shareholder in an incorporated com])any having dealings or contracts with the city, or having a con- tract for the supply to him of a public utility, or by his having a lease of property from the city for a term of twenty- one years or upwards ; but no such leaseholder shall vote in the council on any question affecting a lease from the city, and no such shareholder shall vote on any question affeering such company. 1915, c. 16, s. 24. CITIES Ca]). 86 1147 25. Tt shall not be competent foi- tlie council to appoint ^"'°'"™^°*^ one of its nienibors to an office of cinulnnKMit in its ijift or disposal, l!)].'), c. 16, s. 25. 3(>. Tile iiiavoi- or anv alderman may resis>n his seat in Resignation the council at any time n|)on written notice to the city clerk who shall ])lac(> the same before the council at its next meet- ing, and the said resignation shall take effect and the seat shall become vacant U])(m receipt of the notice l»y the clerk, unless such notice specifies a future date at which it is to take effect, in whieh case it shall take eft'ect U])on sneb d;ite. 1915, c. IC). s. 2(;; 1917, c. 11. s. ;;. 2 4. If after the election of any person as a member of the Oepiuration council he is convicted of felony or Ix'comes insolvent within" ^'^'^'""'^ the meaning of The Banknipfri/ Ad. or assigns his property for the benefit of his creditors, or absents himself from th(> meetings of the council for three months without l>eing authorised so to do by a resolution of the council entered upon its minutes, his seat in the council shall ipso facto become vacant and the council shall forthwith declare the seat vacant. 191,5, c. 16, s. 27. J 28. — (1) If a seat in the council becomes xaeant by Kicciion t.. death, resignation or otherwise, the council shall forthwith in co'imdP appoint a returning officer to hold an election to fill the vacancy, and such election shall be held in the same manner as nearly as may be as other elections under this Act. (2) If the seat in the council of an alderman, whose term would not otherwise have expired at the end of the then current year, become vacant after the first day of I^ovember in any year, then such vacancy may be filled by the election of an extra alderman at the next general election, and the person obtaining the next highest number of votes after the regular number of aldermen have been elected shall fill such vacancy. (3) In case of an election of an extra alderman under sub- section (2) every elector shall be entitled to vote for one extra candidate for each vacancy to be filled; and, in case no more candidates are nominated than the number required to be elected, the candidate last nominated shall Ite deemed to be elected to fill such vacancv. 191,"), c. 16, s. 28. re a<;iiatiou 29. In the event of a member of the council forfeiting hisfompuisory seat at the council or his right thereto, or becoming disipiali- fied to hold the same, or of his seat becoming vacant bv dis- qualification or otherwise, he shall forthwith resign his seat 1148 Cap. 86 CITIES and in the event of his omitting to do so within ten days thereafter proceedings may be taken to unseat him as pro- vided by law. 1915, c. 16, s. 29. First meeting MEETINGS OF COUNCIL. u' 30. The first meeting of the council in each year shall be held on the first Monday in January, except when that day 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 until the new council meets. 1915, c. 16, s. 30. Subsequent meetings 31. The subsequent regular meetings of the council shall be held on such days as the council shall determine. 1915, c. 16, s. 31. Quorum 32. A majority of the whole council shall be necessary to form a quorum. 1915, c. 16, s. 32. Conduct of meetings 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. 1915, c. 16, s. 33. MAYOE. ^"•■'«s 34. — (1) The mayor shall be the chief executive officer of the city, and it shall be his duty to be vigilant and active in causing the laws governing the city to be duly executed, to inspect the conduct of all civic officers, to cause all negli- gence, carelessness and violation of duty to be duly prose- cuted and punished so far as in his power, to communicate from time to time to the council all such information, and to recommend such measures as mav tend to the betterment of the finances, health, security, cleanliness, comfort, ornament and prosperity of the city. (2) The mayor shall be ex officio a justice of the peace. 1915,, c. 16, 34. Appointment of special constables 35. 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 city for such time, not exceed- ing fifteen days, as shall be stated in the appointment ; but the authority of any such constable shall cease if his appoint- ment be not confirmed at the next regular meeting of the council. Such special constables shall for the time being form a part of the police force of the city. 1915, c. 16, s. 35. CITIES Cap. 86 1149 36. The mayor may suspend any municipal officer, other Power of than a city commissioner, and he shall thereupon report such *"^^^'^"'° suspension and the reasons therefor to the council who may either dismiss or reinstate the suspended officer. In case he is dismissed, such officer shall receive no salary or remunera- tion from the date of his suspension unless the council by a resolution otherwise determine. 1915, c. 16, s. 36. 37. The mayor shall preside at all meetings of the council To preside, and shall preserve order and enforce the rules of the council. 1915, c. 16, s. 37. 38. The council shall at its first meeting and every three Deputy months thereafter from among its members appoint a deputy mayor who shall hold office for three months and until 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. 1915, c. 16, s. 38. 39. If the person who ought to preside at any meeting of chairman the council does not attend within fifteen minutes after the hour appointed for the meeting, the members present may appoint a chairman who shall during the meeting have the same authority as the absent person would have had. 1915, c. 16, s. 39. 40. The mayor or other officer presiding at any meeting of v.,te the council may vote with the other members on all questions except where he is disqualified to vote by reason of interest or otherwise, and (save as otherwise provided herein) any question upon which there is an equality of votes shall be deemed to be negatived. 1915, c. 16, s. 40. 41. — (1) The mayor maj^ call special meetings of the special council whenever he deems it expedient, and he shall do go""'**"'** when requested in writing by a majority of the council. (2) Where a special meeting of the council is to be held, all the members shall be duly notified at least twenty-foiir hours prior thereto of the meeting and (in general terms) of the business to be transacted thereat. Such notice mav be delivered personally or left at the usual place of business or residence of the member. 1915, c. 16, s. 41. 43. If so requested at any time bv the written petition of ^'"'''i*^ thirty electors, the mayor shall by a printed public notice conspicuously posted in at least ten places in the city call a public meeting of the electors for the discussion of the muni- cipal affairs of the city or of any matters relating thereto. 1915, c. 16, s. 42. 1150 Cap. SO CITIES Signing of cheques Single clieque for payroll ■lo. — (1 ) TIk' luayoi-, or such other person as I he council may from time to time appoint for the purpose, sliall sign, jointly with the ti'(>asiii-er, all cheques issued liv the city. (2) The coiiiicil may 1)\- icsohitiou autluii'ise the mayor and treasiii'er to issue each wcc^k. fortnight oi- iiKUith, as the case may l)e, a single che(|iie covering the total ainonnt of the weekly, fortnightly or monthly jjaN'i'oll, such (•h(Hpie to he deposited in the hank in a wages account and to he ])aid out upon clie(pies signed hy the treasurer alone. (3) The authority gi\-en 1)_\' such resolution shall he con- sidered a continuing authority nntil the resolution is rescinded. lIM.-i, c. Hi. s. 43. COMMISSIONKKS. Appointment of commis- sioners 44. The council may appoint one >n- more commissioners to be called ''The Commissionei-s of the City of " who shall hohl office dnring the plea-^nre of the council, but shall not 1)(^ dismissed except upon a majority \(tte of all the members thereof. The mayor shall be ex offirio a commissioner in addition to those apjxu'nted bv the council. 1015, c. 10. s. 44. Interest in contract 4.'>. .\ n person ha\ing an interest in a contract with the city, sliall be ap])ointe(l from time to time by bylaw or I'csolutiou of council. (2) The i)ower thus delegated may include such executive duties of the council as recpiire the exercise of a discretion or are judicial or ipiasi-judicial in their character; and they may Ite altered from time to time hy bylaw or resolution of theCoiincil. 1015, c. 10. s. 40; 1010. c. IS, s. T. Siihiry 47. The council shall fix the annual salary to be paid to each of the a])pointed commissioners, and in case of dismissal a commissioner shall reccnve three months' notice, or, in lieu thereof, oiie-foui-th of liis annual s;ilarv. 1015. c. 10, s. 47. iiK-apacity 4J^. \ ^^ ^..^^^, ^j^y eommissioner is incapable through illness or other cause of jierforming tlu^ duties of his office, the council may a])])oint a substitute who during such illness, absence or other incapacity shall h'l^e and exercise all the powers of the said commissioner. 10 15, c. 10. s. 48. CITIES Cap. 8(> 1151 49. The coiniiiissioiicrs of the city shall submit to the Kstimates council at its first iiici^tiiig; in each year recounnendations and estimates for ex])('ny him hefore the council. 1015. c. 10, s. 5'J. .53. The bonds or policies of guai'aidCH' of anv cor])oration cimiacter empowered to grant securities, bonds or policies tor Hie integrity and faithfid accounting of piddic officers or servants or persons occupying [tositions of truH. The coiiiicil sliali. from time \n time and as often as the office is vacant, appoint one or more aiidilors but no one who at the time of appointment or dui-ing' the preceding year is or was a memher of tlie conncil, or is or was city clerk or treasur(>r, oi- has or had directly or indirectly, alone or with any other ])erson, a share or inter(>st in any contract or employment with or on helialf of the city (except as auditor), shall be so appointed. An incorporated company or partner- ship ma\' l)e a))pointed auditor. lin.'t. c. 10, s. 08. <)J). — (1) 'Jdie iindiior shall at least once in every three months dnrinii' the year (>xaniine, audit and report upon all books and accounts ali'ectinu the city 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 amlitor shall on (n-ery such occasion write a special re])ort respecting all expenditures nuide contrary to law, bylaw or resolution, and shall deliver the said report to the mayoi' who shall lay the same before the council at its next ineetinu'. I'.tl.'i. c. 10, s. 00. pa^ymenf"'^ 'J'O. The council UKiy by bylaw provide that the auditor shall amlit all accounts before they are paid. 10 IT), c. 10, s. 70. Auditor's reports Abstract Tl. — (1) On or before the fifteenth day of I^ovember in each year the auditor shall ])re}^are, in such form as the minister may direct, an abstract of the revenue and ex])endi- ture of the city up to the ])receding thirty-first day of October including a statement showing the total amount of deben- tures authorised to l)e issued, tlie debentures actually issued, those actually sold or otherwise disposed of and how disposed of and those remaining on hand. (2) The treasurer shall, on or before the first day of Decembei-, cause the said statement to be printed in such quantity as the minister may direct. In the absence of such direction he shall publish a sunnnary of its contents in at least one issue of some news])aper published in the citv. lOir., c. 10, s. 71 ; lOlS-10. c. n4, s. 4. 12. On oi- before the first day of March in each year tho. auditor shall prepare in such form as the minister may direct an abstract of the revenue, expenditure, assets and liabilities of the city up to the thirty-first of Decembei- of the preceding year, including a statement showing the total amount of debentui'es authorised to be issued, the debentures actualh- isstied, those actuallv sold nr otherwise and how CITIES Cap. 86 1155 ■disposed of and tliosc roiiiiiiiiiiii!, on hand; and shall make a t<])('('ial report rcspcctinii,' any ex])en(Htures made contrary to law. 1915. c. H;, s. 72; liilS-li), c U, s. 5. T.'J. The aiidiiKi' shall d('li\'('i' the sni'l ahsiraet and report PuWication forthwith or as sdon ;is may he to the mayoi-, who shall lay the same het'oic the council at its next meetint"'; and the eonncil shall on or hetore the first day of April in each year eanse the said abstract and report, or a synopsis thereof, to be published in some newspaper published in the city and shall cause a copy of such abstract to Ik- forwarded to the minister. ]!>];"), c. 1(), s. 73. '^4r. Any elector may ins|)ect the said abstracts and reports, inspeotions at all reasonable hours, and may by himself or his agent and at his own expense take a copy thereof or extract therefrom. An elector shall be entitled to be supplied with printed copies, if there are sufficient prints available, on ])ayiuent of a charge of fifty cents per copy. 101,"), c. Ki, s. 74. 75. The financial year of the city shall commence on the F'n^^^ciai first day of January and close on the thirty-first day of December. V.)l(\. c' 18, s. 8. 16 (1) The city may appoint a comptroller or chief <^*«'"Pt'-°"«'" accountant whose duty it sb;dl l)e to keep all the city's books other than those required to be kei)t by the treasurer in connection with the recei])t and disbursement of moneys. (2) Tn case such apjwintment is made the council shall from time to time apjioint an auditor or firm of auditors, not members of the ])ermanent staff of the city, to examine, audit and report annually upon the books and accounts affectino' the city or relating to any matter under its control or within its jurisdiction, to supervise the work of the accounting staff', to supervise generally the accounting in all the city departments, to make special reports on any expenditure made contrary to law or bylaw or resolution of council. (3) In such case the council may assign to the com])troller or chief accountant such of the duties set out in sections 00 to 73 as are not assigned to the auditor mentioned in sub- section (2) of this section. 1915, c. 16, s. 75. DECLAKATIOXS OF OFFICK, T7. Every memlier of the council, everv commissioner Declarations .1 , . 1 1 1 ■ hy officials appointed by the council, the city clerk, the treasurer, everv assessor, the city solicitor, city engineer, and every other civic officer who may by the terms of his appointment be 1156 Cap. 86 CITIES required so to do, shall before entering upon the duties of his office make and subscribe a declaration of office to the following eifect: 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, of the offices, in the case of a person who has teen appointed to ttvo or more offices which he may lawfully hold at the same time) to which I have been elected {or appointed) in this city, and that I have not received and will not receive any payment or reward or promise thereof for the exercise of any partiality or malversation or undue execution of the said office {or offices), and that I have not by myself, my partner or agent, either directly or indirectly, any interest in any contract with or on behalf of the said city save and except that arising out of my office as {naming the office), and except any contract I may have for the supply of a public utility and that I am not for any other reason disqualified from holding the said office {or offices). 1915, c. 16, s. 76. Holders of more than one oflSce 78. Any person who has been elected or appointed to two or more offices which he may lawfully hold at the same time may make one declaration of office as to all the offices to which he has been elected or appointed. 1915, c. 16, s. 77. Declaration of 79. xiic declaration of office to be made and subscribed auditor i <• n by every auditor shall be as follows: I, A. B., having been appointed to the office of auditor for the city 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 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 city during the preceding year, and that I have not any such contract or employment except that of auditor for the present year. 1915, c. 16, s. 78. Before whom taken 80. The mayor and aldermen and the other civic ofiicers, except the city clerk, who are required to make a declaration of office, shall make and subscribe the said declaration before some justice of the peace, notary public or commissioner for oaths, or before the city clerk; the declaration of the city clerk shall be made and subscribed before a justice of the peace, notary public or commissioner for oaths; and the person before whom the declaration is made shall give the necessary certificate of its having been duly so made and subscribed. 1915, c. 16, s. 79. CITIES Cap. 86 1157 81. The mayor or any justice of the peace, notary public Power to /• .1 1 • • , , 1 " fr> ailminister or commissioner tor oaths may administer any oath, athrma- oatha. etc. tion or declaration relating to the business of the city, except where herein otherwise specially provided and except where ' he is the person required to make the oath, affirmation or declaration. 1915, c, 16, s. 80. 82. The deponent, affirmant or declarant shall subscribe Deposit of €very such oath, affirmation or declaration, and the person oath administering it shall duly certify and preserve the same and shall within eight days deposit the same in the office of the city clerk who shall preserve it among the city records. 1915, c. 16, s. 81. 83. The mayor, or in his absence the presiding officer of i" the council or of any committee thereof, may administer an mayor 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. 1915, c. 16, s. 82. POLICE. 84. — (1) There shall be in every city of ten thousand Board of . , , . 1 1 c !• • • poUce»l ^ inhabitants or over a board ot police commissioners con- commiasioners sisting of the mayor, the judge of the district court of the judicial district in which the city is situated and the police magistrate. (2) If there are two or more district court judges for the judicial district, the Lieutenant Governor in Council shall designate the judge who is to be a member of the board. (3) During a vacancy in the office of judge or magistrate, or in case of the absence of either from Saskatchewan, the council may appoint a person to act until the vacancy is filled or during the absence of the member. (4) In case of the illness or absence from Saskatchewan of the mayor, the person appointed presiding officer of the council shall act instead of the mayor. 1915, e. 16, s. S3; 1916, c. 18, s. 9; 1918-19, c. 34, s. 6. 85. — (1) The board shall hold at least twelve meetings Meetings of during the year, and each commissioner shall receive a sum ^°^^ not exceeding $5 for each meeting attended by him. (2) The aggregate remuneration for any one commissioner for a year shall not exceed $60. (3) The gross expenditure in respect of the board, police force and police department shall not exceed the amount fixed in the estimates of the council for that purpose unless otherwise first specially authorised by resolution of council. 1915, c. 16, s. 84. 1158 Quorum Chiiiiinan Bylaws Cap. 86 CITIES / Power to provide penalties Constitution of police force Board controls I li force Oath taken hy eonstahlr HoanI makes rcfiuhilions «S(>. A majority ot the hoard shall constitute a quorum^ aiul tlio acts of tlic majority shall lie considered the acts of the board. 1915, c. IG, s. 85. 81. Tlic hoard shall appoint one of its members to Ix.' chairman. l!il.">, c. 16, s. 86. 88. The board may pass bylaws in res|)('c( of all niatt(n-s within its powers, and such bylaws shall be sufficiently authenticated by the signature discharge all the duties of my office faithfully and accoi'ding to law. So hel]) me God. 19 1.">. c. 16, s.' 91. 93. The board shall from time to time make such regula- tions as it may dtHMU exi>edient for tlit^ liovernment of rlic force, ioi' jirevcntinii neglect or abuse and for renderins; the force efficient in the discliarae of all its duties. 1915, c. 16. 8. 92. CITIES Cap. 86 1159 94. Subiect to the itaramoimt authority of the board, theuutiesof constables shall obey all lawful directions, and l)e subject constables to the ()i-(l(n's, of the chief of police, and shall be charged with the special duty of |)reservini>' the ])eace, apprehendiuG; offenders and neuerallv with the pcrfonnauce of all duties which by law devolve ii[)on constables and peace officers. 191.-), c.'l6, s. 93. D.l. Auv member of ibe force iiia\- be suspended or dis- Dismissals ... . 1. 1 ' 1 1 1 !• 1 -jI from force misscil by the chief ot |)olice, wlio sliall tortbwith report such suspension or dismissal to the bo;ii'tl of police commis- sioners. Any member so sus})en(k'd or dismissed shall have the right to be heard in jjcrson or through his solicitor before the board at such lime as may be arranged by the board. 1917 (sess. 2), c. 25, s. 4. i)(>. The board may investigate the conduct of any membei- Hoard's •' _ ' . . ■ . powers or of the ])olice force, either of its own motion or m connection invrsti-atinn with a ciiarge of negligence or misconduct; and, for the pur]ioses of such investigation, it shall have all the powers and authority for com])elling witnesses to attend and testify nnder oath concerning the subject matter of tbe investigation, for preserving order and for ])unishing for contempt, that may be exercised by a police masi'istrate or justice of the peace in respect of criminal or quasi-criminal matters pending before liim. 1915, c. IB, s. 95. PART TTT. Municipal Elections. voters' T-IST. 91: The persons (pialified to v.>te at municipal elections Q'-i^^-t-ns shall be the men and women of the full age of twenty-one years whose names api)ear upon the bist revised voters' list of the city. 1915, c. Kb s. 90. 98. M1ie ])ersons cpialitied to vote at tiie Hrst election of ,^,;;;;.,,,_ mayor and aldermen in any new city shall be the men and women of the full age of twenty-one years whose names are on the last revised voters' list of the town, \illage or rural ninnicipality or portion thereof respectively forming part of the city. 1915. c. It',, s. 97. 99 (1) The assessor shall, on or before the first day of ,^,"-p;' =•''"" September in each yeai', ]n-epare a voters' list in alphabetical form. lie shall place thereon: 1160 Cap. 86 CITIES (a) the names of all men and women of the full age of twenty-one years who are assessed upon the last revised assessment roll; (h) the names of all such men and women who have been bona fide residents in the city for at least three months prior to the first day of July in the current year, and have paid to the city for that year or any portion thereof a license fee of at least $10 ; (c) the names of all persons appearing on the house- holders' list hereinafter provided for; {d) the name of every woman who is the wife of a man qualified under either clause (a) or clause (&) who is resident with her husband in the city and who satisfies the assessor by statutory declaration or otherwise on or before the fifteenth day of August that she is entitled to have her name entered upon the list; and (e) the name of every man whose wife is qualified under either clause (a) or clause (6) and who satisfies the assessor by statutory declaration or otherwise on or before the fifteenth day of August I that he is entitled to have his name entered upon the list. (2) The assessor shall distinguish on the said list those who are qualified to vote as burgesses, and where the city has been divided into wards or polling subdivisions, the list shall show those who are entitled to vote in each ward or polling subdivision as the case may be. (3) The assessor shall cause four copies of such list to be printed with sections 101, 10.3 and 104 prefixed thereto, and shall post up one copy in the office of the city clerk, and one in each of three other public places conveniently separated within the limits of the city, on or before the first day of October, and notice of such posting shall be published once in each week for two successive weeks in a newspaper pub- lished in the city. (4) Any assessor who neglects or refuses to comply with the provisions of this section shall be liable to a penalty not exceeding $100. 1915, c. 16, s. 98; 1917, c. 11, s. 4; 1919-2.0, c. 23, s. 2. diltricte''*^' ^^ — (1) I^ ^^^^ ^ school district lies partly within mainly within and partly without the limits of a city, the city assessor shall include in the voters' list the names of all persons qualified as voters of the school district in respect of that portion only of the same which lies outside the city limits. (2) Such names shall be placed in a separate part of the list, marked so as to show the area to which it applies, and CITIES Cap. 86 1161 with a memorandum to the effect that it is a list of voters for the purposes of the school district only. (3) The persons whose names appear in such separate part of the voters' list, shall be entitled to vote upon questions affecting the school district, but shall not merely by reason thereof be considered voters in the municipality for any other purpose. 1915, e. 16, s. 99. 101. Any person who is otherwise duly qualified, but Additions to whose name does not appear on the voters' list, or 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' list amended upon giving the assessor a notice in the following form: To the assessor of the city of Take notice that I intend to apply to the court of revision to have my name added to the voters' list (or as the case may he) for the following reasons (here state the grounds according to the facts). (Signature of applicant) Applicant. or (Name of applicant) Applicant hy his agent. 1915, c. 16, s. 100. 102. A person making application, either by himself or Declaration his agent, to the assessor, to have his name added to the voters' list, shall at the time of making such application file with the assessor a statutory declaration in the following form or to the like effect : Canada : Province of Saskatchewan TO WIT : I, of the city of in the Province of Saskatchewan (here give occupation and qualification under section 99 of The City Act) make oath and say: 1. That I am of the full age of twenty-one years; 2. That I am the owner of (here give description of prop- erty and interest therein) ; or (ivhere applicant is a licensee) 2. That I resided in the city for at least three months prior 'to the first day of July last and that I am still a bona fide resident thereof; 3. That I have taken out a license as and have paid to the city in respect thereof a license fee of $ or (where applicant is a householder) 1162 Cap. 86 . cities 2. That I resided in the city for a period of at least three months prior to the tirst day of 'Tuly" last and that I am still a hona fide resident thereof; '-). That diirinii- th(^ said period I was tenant of premises situated (here deficrihe the premises) at a rental of $ per ; and that I am now tenant of premises situated (here desrrihc Uk //rcinises) at a rental of $ per : or (ii-lierc (ipplicanf is resident wife or liKslxnid) 2. That I am the wife (or hushand ) of who is qualified to vote at muniei])al elections in this city as (here state nature of hashand's or irife's qualification) and that I reside with my husband (or wife) in the city. And I make this solemn declaration conscientiously believ- ino' it to be true and knowino' 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 dav of \ 10 . ■ J ('ill/ Assessor or a Commissioner, J. P. or N.F. 19ir>, c. 16, s. 101; 1017, c. 11, s. 5; 1910-20. c. 23, s. 8. Disqualification 103. — (1) If any persou, who has qualified as a voter on income or as an occupant of land, has left the city; or If, before the first day of October in the then current year, a person has disposed of or ceased to occupy the property for which he was qualified as a voter; or If any person's name is wrongfully upon the list; such person shall be liable to have his name struck off the voters' list as being- disqualified, and the assessor or any elector may apply to the court of revision to have his name, or that of any persou otherwise disqualified struck oft" the list, and the name of the proper person, if any, substituted therefor. (2) The applicant when not the assessor shall give six clear davs' notice in writino; to the assessor of his intention to apply to the court of revision, and shall state in such notice the grounds of his objection to the qualifications of the person whose name he desires to have strncfe off. 1015, c. ](•), s. 102. Notice 104. Notices served upon the assessor under sections 101 and 103 shall l)e served on or liefore the first day of Novem- ber. 1915, c. 16, s. 103. ciTHOs Cap. SO lieS 105. On or before tin? tiftli day of November the assessor ^f^^^^^,;"!^^^ shall make a list of all applicants for amendments to the' voters' list, giving names and grounds of each such applica- tion, and shall post the same in a consiucuous place in his othcc; and he shall innnediately thereafter, notify the parties interested, by registered letter, of the time and place fixed for the hearing of such applications. 1!M.'), c. 16, s. 104. !()(> (1) On or before the fifteenth dav of November Court of r. 1 ' , £ • • revision in each year the council shall meet as a hnal court ot revision of th(> voters' list and shall then h(^ar and determine all iil)l)licati(>ns of which notice has been given to tbe assessor as hereinbefore provided; and the assessoi shall thereupon amend tlie voters' list in all cases ])rovided for by sections 101 and 103 as may be required. ( _; ) Where commissioners have been appointed, the com- missioners shall form the court of revision, and shall possess all the powers and |)erform all the duties which would otherwise belong to or devolve u)»()ii tbe eonncil. 1!)15, c. 1 (}, s. 105. 107.— (1) The list so amended shall be the voters' list, Uevised of the city for the ensuing year or nntil a new voters list has been finally revised. (2) Tlie court of revision may at any time correct any gross and palpable errors in the voters' list, and any correc- tions so made shall l)e initialed by the a-^sessor. ltU5, c. 16, s. 106. 108. As to the attendaiice of witnesses and the imposition Powers of and recovery of penalties the court of revision of the voters' list shall have the powers and privileges conferred upon it by this Act in relation to the assessment roll, and the ]>rocedure at such sitting shall be the same as or similar to the pro- cedure prescribed for the council when sitting as a court for the revision of the assessment roll. li»l,"). c. 16, s. 107. vi: i; I.I M I X \n v i- in x ' k kofxgs. 109. — ( 1 ) 'I'he citv clerk shall, unless the council other- uetuming wise speciallv provides b\- a byla.w. be b\ virtue of his office" returning ofiieer for the munici])al elections, and shall appoint such deputy returning officers, ])oll clerks, constables and other officials as may be necessary, and do all such acts as mav be required for holding tbe election in eonformity with the provisions of this Act. (2) The council may, at least one week prior to the last Monda\- in November in each year, a])]ioint by l)ylaw a returning officer other than the city clerk for the ensuing municipal elections, and also, if elections ar(^ to be from 1164 Cap. 86 CITIES wards, a deputy returning- officer for each ward ; and, if the city or any ward has been divided into polling subdivisions, the council shall appoint a deputy returning officer for each polling subdivision and name the place or places where the votes are to be polled. 1919-20, c. 23, s. 4. Inability to act 110. In the event of any of the deputy returning officers appointed dying or being unable to act from any cause whatever, the returning officer shall have power to appoint a substitute. 1915, c. 16, s. 109. Polling place not availablt- 111. In case a polling place named in a bylaw is not avail- able, the returning officer shall provide a convenient place in the vicinity, and shall post a notice at the regular polling place stating the place to which the poll has been removed, or he shall station some person thereat for the purpose of directing voters. 1915, c. 16, s 110. Annual meet- ing of electors 112. The city clerk shall at least one week prior to the last Monday in November in each year cause to be posted up in ten conspicuous places in the city, and shall advertise at least twice during the week immediately preceding such meeting in one or more newspapers published in the city, a notice of the annual meeting of the electors in the following form : ' KOTICE. City of Public notice is hereby given that a meeting of the electors of the city of will be held (description of place) on Monday, the {here fill in the date on which the last Monday in November falls) day of ITovember, 19 , at eight o'clock p.m. for the purpose of receiving the auditor's interim statement of the finances of the city for that portion of the year ending on the thirty-first day of October and for the purpose of receiving the reports of the chairmen of the various committees of the council (and of the city commis- sioners if any). Dated the day of 19 . 1915, c. 16, s. 111. City Clerk. Mayor, etc., attends and subniit,-> reports 113. — (1) At the time and place appointed the mayor, treasurer, auditor, the chairmen of the various committees and the city commissioners, if any have been appointed, shall attend and submit to the meeting their respective reports for that portion of the current year ending the thirty-first day of October, CITIES Cap. 86 1165 (2) The minister may from time to time prescribe forms for the foregoing reports. 1915, c. 16, s. 112. 114. The returning officer shall at least six days previous xotice of to the first Monday in December, post up in ten conspicuous "'""'"^ '°° places in the city, and shall advertise in one or more news- papers published in the city, a notice in the following form : Notice. City of Municipal Elections 19 Public notice is hereby given that a meeting of the electors of the city of will be held (description of place) on Monday, the (here fill in the date on ivhich the first Monday in December falls) day of December, 19 , from ten o'clock in the forenoon until noon for the purpose of nominating candidates for the offices of mayor of the city and an alderman for each ward (or as the case may be, pro- viding for school trustees, and, luhere the hospital hoard is elective, members of that board, and for members of any other elective board) for the next ensuing year. Given under my hand at this day of 19 . G. H., Returning Officer. 1915, c. 16, s. 113. 115. At the time and place named in the notice the return- xominations ing officer shall declare the meeting open for the purpose of receiving nominations. Any person whose name appears on the last revised voters' list may propose or second the nomi- nation of a duly qualified person to serve as mayor or alder- man of the city. If the number of persons nominated does not exceed the requisite number, the returning officer shall declare the persons so nominated duly elected. 1915, c. 16, s. 114. 116. Every nomination for mayor or alderman shall be consent to in writing and shall be accompanied by a written statement "«™'"^*'°° from the person named in such nomination that he is eligible to be elected for such office, and a written consent to accept the office if elected. 1915, c. 16, s. 115. ll'<. In the event of more than the required number oi^ow persons 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 the deputy returning officers appointed to receive the same and also the time and place at which the result of the polling will be declared. 1915, c. 16, s. 116. 1166 Tap. 86 CITIK- Notice of polling 118. Whenever a pdll lias to l)e taken, the returninii' officer shall without aiiv unreasonable (h^hiy after the nomina- tions, cause to l;c pdstcil up in the citv hall, and shall adver- tise in one or more newspapers published in the city, twice, if there is a dailv ])a]iei' so published, a notice to the lollow- iuii' effect : XoTTCK. City of Municipal Elections Itt Public notice is ]iei-el)y iii\('ii that a poll has been iiranted for the election of mayor of the city of and of an alderman for Ward Xo. '■'> { at- as Ihc cft.se mai/ he, provid- ing for ncliool Iria^tecs. am/ for lix' inemhers of any ofhrr dective hoard) for the year 1!> , and that the poUiua' will take place on (licrr iitscrl dafr of poHin(f) the day of !•• . from nine o'clock in the forenoon until eight o'clock in the afternoon at the following places {here specify poll in;/ places). And that I will at (desrrihe file place) on (day of ireeh), the day of 19 . at o'clock in the for<'noon, sum up the votes and declare the result of the (>lection. Given under mv hand at this dav of ' 19 . (;. //., Reiiirnimi Officer. 1915, c. 16, s. 117. Withdrawal of candidate 119. An\- candidate nominated may withdraw at any time within forty-eight hours after the close of the nomina- tion meeting by iiling with the retui-uing officer, a declara- tion in writing to that effect signed by himself in the ]>resence of the returning officer, a justice of the peace, commissioner for oaths or notary ])ublic ; and any votes cast for a candidate who has thus witlidrjiwn shall be null and void. 1915, c. 16, s. 118. AbandonniPiit of poll 120. If by I'eason of any such withdrawal oi- with- drawals the nuinl)er of candidates remaining in nomination for an office does not exceed the numlxu- recpiired by this Act to be elected for such office, the i-eturning officer shall return as duly elected the candidate or candidates so remaining in nomination without waiting for the da\ fixed for holding the poll, and the pollini: f<>i" ^W'h office <\\-a]\ not take place. 1915, c. 16, s. 1 19. Notice 131. In such cas(>s the returning officer shall forthwith cause fo be posted up in the city hall, and shall advertise at least once, in one or more newspapers in the city, a notice to the followino' effect : riTiKs Cap. 86 1167 City of Mniii('ii);il l^lcctioiis 11» Whereas, ]\[r. iioiiiiiuiicd \'<>v the office of for W:ii-(l Xo. (o7- as I he cdse may be) has M'ithdrawii liis cjmdidntui'c for the said office lcavin<>' ^\v. the oid\ candidnte tliercfor, I licfehy £ii\'c notice thai no \()tiiii: for the said office will take place ou the day of (daie of polIiiKj), 19 Dated at this day of 19 . (;. If., L'cl iiriiiiu/ Officer. 1915, c. 10. s. 120. 122. Ill case of a poll at a municipal election, the votcN^to «hall he given hy haljot. Un."). c. 10. s. 121. 1)V 123. Where a ])oll is rcqnired, the city clerk shall provide liaiiot as many ballot hoxcs as therc^ are polling subdivisions. 191."). c. 16, s*! 122. ccwi^lruction 124. The l)a]lot boxes shall be made of some durable tikmi material, shall be provided with a b^ck and key and shall be so constructed that the ballot papers can be introduced therein and cannot be withdrawn therefrom unless the box is imlocked. 1915, c. 10, s. 123. 125. When it becomes necessary for the purposes of an Tiieir election to use the ballot boxes, it shall be the duty of the citv clerk to deliver the sanie to the returniii"- officer who shall deliver one of the ballot boxes to every deputy return- ing officer appointed for the purposes of the election, not - later than fifteen minutes before the openini>' of the poll. 1915, c. 16, s. 121. 126. Where a iioll is required, tlie i-eturniu"- officer shall ,i'';!''«'^ forthwith cause to be printed at the ex]iense of the city such a numl)er of ballot ]>apers as will l)e sufficient for the pur- poses of the election. 1!)15, c. 10, s. 125. 12T. Every ballot paper in an aldermanic election shall •contain a brief explanatory note stating the number of candi dates required to be elected and voted for to make the l>allot valid; and shall contain the names of the duly nominated candidates arranged alphabetically in the order of their surnames, and if there are two or more candidates with the same surname in the order of their christian names. 1915, c. 16, s. 126. 1168 Cap. 86 CITIES Their contents 138. The names of the candidates for mayor shall not be included in the same ballot with the names of the candi- dates for aldermen ; but one kind or set of ballot papers shall be prepared for all the wards containing the names of the candidates for major ; and another kind or set shall be pre- pared for each ward containing the names of candidates for aldermen in the ward: Provided that until a ward system is established the names of the mayor and aldermen may be included in the same ballot. 1915, c. 16, s. 127. Form of ballot 139. The ballot papers shall be in the following forms Form for Mayor. ti t o >-, 03 ^'^ 1 o -S.-^ < aO , S O Qi 1—1 o ALLAN. Charles Allan, of the City of Merchant. BROWN. William Brown, of the City of Banker. Form for Aldermen. JVo/«.- -The number of aldermen to be elected is marked for candidates to be valid . . The ballot must be H ARGO. James Argo, of the Cit}^ Gentleman. of BAKER. Samuel Baker, of the City of Baker. DUNCAN. Robert Duncan, of the City of Printer. 1915, c. 16, s. 128. Supplies to deputy returning officers 130. Before the opening of the poll the returning officer shall deliver or cause to be delivered to every deputy return- ing officer the ballot papers which have been prepared for use in the ward or polling subdivision for which such deputy returning officer has been appointed to act, and such other materials as are necessary in order to enable the electors to mark their ballot papers. 1915, c. 16, s. 129. CITIES Cap. 86 1169 131 (1) The returniii"; officer shall, before the opening pirectiona ^ '' 1 1 T 1 1 ° for voters of the poll, deliver or cause to be delivered to every deputy returning officer such number of printed directions for the guidance of voters as he may deem sufficient. (2) Such directions shall be printed in conspicuous char- acters and may be according to the following form: DiRECTIOiSS FOR THE GUIDANCE OF VOTERS. The voter will go into one of the compartments and, with 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 such name. The voter will fold up the ballot paper so as to show the name or initials of the deputy returning officer signed on the back and leaving the compartment, will, without showing the front of the paper to any person, deliver such ballot so folded to the deputy returning officer and forthwith quit the polling place. If the voter inadvertently spoils the ballot paper, he may return it to the deputy returning officer who will, if satisfied of such inadvertence, give him another. If the voter does not vote for the full number of candidates for any office that 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 said office. If the voter votes for more 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 torn, defaced 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 illustra- tion the candidates for mayor are Jacob Thompson and Robert Walker, and for alderman, John Bull and Morgan Jones. 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. 1170 Cap. 86 CITIES Form for Mayor. o THOMPSON, Jacob Thompsox, of the City of ^C Merchant. WALKER, Robert Walker, of tlio City of Physician. Form for Aldermen. Note. — The number of aldermen to be elected is marked for candidates to be valid. The ballot must b e 12; O < BULJ>. John Bull, of the ("ity of Butcher. X JONES. Morgan Jones, of the City of Grocer. 1915, c. 16, s. 130. Returning ofiScers, etc 132. Every returning officer, deputy returning officer^ poll clerk, constable or other officer appointed to act at an election shall before entering upon the duties of his office make and subscribe a solemn declaration to the following effect: I, A. B., do solemidy promise and declare that I will truly, faithfully and impai'tially, to the best of my knowledge and ability, execute the office of ( i)isrrfiii(/ the name of the office) to which I have been appointed in this city and that I have not received and will not receive any payment or reward or promise thereof for the exercise of an\' partiality or malver- sation or oth(>r undue execution of the said office. 1915, e. 16, s. 131. Oaths 133. When any oath, affirmation or declaration is ]'equired to be taken or made by a returning officer, or deputy returning officer, and no special ]irovisiou is herein made therefor, the same may be made and subscribed before the city clerk, the poll clerk, a justice of tlie i)eace, or in case CITIES Cap. 86 1171 of a deputy returning officer, before the returning officer, as well as before any person authorised to administer an oath ; and the returning officer, deputy returning officer, or any justice of the peace, as well as any such person may admin- ister any oath, affirmation or declaration required to be made by a poll clerk, constable or other officer under the provisions of this Act. 1915, c. IG, s. 132. 134. Every deputy returning officer shall before the open- Postiug up ing of the poll, or immediately after he has received the printed directions from the returning officer (if he did not receive the same before the opening of the poll), cause the said printed directions to be placarded outside the polling place for which he is appointed to act, and also in every voting compartment of the polling place, and shall see that they remain so placarded until the close of the poll. 1915, c. 16, s. 133. 135. Every polling; place shall be furnished with one or Voting •'^ 'i-ii 11' compartments more compartments m which the voters can mark their ballots screened from observation, and it shall be the duty of the returning officer to see that such accommodation is provided at each polling place. 1915, c. 16, s. 134. 136. The returning officer shall, before the poll is opened, copy ^ deliver to every deputy returning officer a copy, certified by the assessor to be a correct copy, of the voters' list for the ward or polling subdivision for which such deputy returning officer is to act, and a blank poll book in which to record the names and qualifications of the electors who vote. 1915, c. 16, s. 135. Vol. II.— 2 1172 Poll book! Cap. 86 CITIES 137. The poll book shall be in the following form : Remarks Refusal to swear , Sworn ! ^ Objected to K O o O > Hospital Board High School Trustee School Trustee Alderman Mayor Occupation Residence Qualification I i 1915, G. IG, s. 136. Certificate to persons attending other than their own poll 138. The returning officer, on the request of any elector who has been appointed deputy returning officer, or poll clerk or constable, or agent of a candidate to attend at any polling place other than the one where he is entitled to vote, shall i;ive to such elector a certificate that he is entitled to vote at the ]iolling place where he is to be stationed during the polling day ; and the certificate shall also state the property or other CITIES Cap. 86 117 3 qualifications in respect of wliich he is entitled to vote. 1915, c. 16, s. 137. 139. On the production of the certificate th(! deputy Rights on returning officer, poll clerk, constable or agent shall have the orcertlfioate right to vote at the polling place where he is stationed during the polling day instead of the polling place where he would otherwise have been entitled to vote; and the deputy return- ing officer shall attach the certificate to the voters' list; but no such certificate shall entitle such elector to vote at such polling place unless he has been actually engaged as such deputy returning officer, poll clerk, constable or agent during the whole of the day of polling, nor to vote for alderman except in the ward where he would otherwise be entitled to vote. 1915, c. 16, s. 138. 140. In case a deputy returning officer votes at the polling oath to place to which he has been appointed as such, the poll clerk plrson* ^ appointed to act at the polling place, or, in the absence of the poll clerk, any elector authorised to be present, may admin- ister to the deputy returning officer any of the oaths required by law to be taken by voters. 1915, c. 16, s, 139. 111. — (1) The deputy returning officer may, by writing poii cierks under his hand, appoint a poll clerk w^ho in the absence of the deputy returning officer or in case of his illness or inabil- ity to fulfil the duties required of him by this Act, shall have the powers of the officer by whom he was appointed. (2) The deputy returning officer may also appoint a con- constables stable 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, 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. 1915, c. 16. 8. 140. 143. Every returning officer, deputy returning officer, oathifor poll clerk, constable, candidate or agent authorised 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 jus- tice of the peace, the city clerk, a commissioner for oaths or (in the case of a poll clerk or constable or agent) before the deputy returning officer at whose polling 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 city of on the day of 19 , attempt in any way unlawfully to ascertain the candi- 1174 Cap. 86 CITIES date 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. 1915, c. 16, s. 141. Duration of poll THE POLL. 143. The polls shall be kept open from nine o'clock in the forenoon until eight o'clock in the afternoon of the same day. 1915, c. 16, s. 142. Agents 144. Any person producing to the deputy returning officer at any time a written authority to represent a candidate as his agent at a polling place shall be recognised as such by the said officer. 1915, c. 16, s. 143. Elector lias only one vote Penalty 145. — (1) An elector may vote once only for mayor and once only for alderman, and in case his name or a name intended for his appears in the voters' list for more than one ward (if the elections are to be from wards) he shall cast his votes for mayor, alderman,, high school trustees, pub- lic school trustees, separate school trustees, hospital gov- ernors where elective, and any bylaw referred to the electors or burgesses, in the same ward. (2) In case the city or any ward is divided into polling subdivisions, all such votes shall be cast in the same subdi- vision. 1915, c. 16, s. 144; 1918-19, c. 34, s. 7. 146. Any person who votes oftener than he is entitled to do under the provisions of this Act shall incur a penalty not to exceed $50 and costs. 1915, c. 16, s. 145. Evidence of voting 147. The receipt by any voter of a ballot paper within the polling booth shall be prima facte evidence that he has there and then voted. 1915, c. 16, s. 146. ^ Exhibition of 148. The dcputy returning 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 his seal upon it in such a manner as to prevent its being opened without breaking the seal, and shall thereupon place it in his view for the receipt of ballot papers and shall keep it so in full view of all present, and locked and sealed during the hours of polling. 1915, c. 16, s. 147. Procedure in voting 149. When a person claiming to be entitled to vote pre- sents himself for the purpose of voting, the deputy return- ing officer shall proceed as follows: CITIES Cap. 86 1175 1. lie shall ascertain that the name of such person, or a name apparently intended therefor, is entered upon the voters' list for the ward or polling subdivision for which the said officer is appointed to act ; 2. He shall record or cause to be recorded by the poll clerk in the proper columns of the poll book the name, qualifica- tion, residence and occupation of such person; 3. When the vote is objected to by any candidate or his agent, the deputy returning officer 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 bv which candidate or on behalf of which candidate the objection has been made 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 deputy returning officer shall administer to him the following oath : You swear (or solemnly affirm) that you are of the full age of twenty-one years, and 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 for alder- men (if the elector is tendering his vote for aldermen) either at this or at any other polling place and (if the elector is tendering his vote for mayor) that you have not voted before for mayor 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, travel- ling expenses, hire of teams or any other services connected with this election ; And that jou 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 deputy returning officer shall receive the vote and shall enter or cause to be entered opposite such person's name, in the proper column of the said poll book, the word "sworn" or "affirmed," accord- ing to the fact ; 6. Where the voter has been required to take the oath or affirmation and refuses to take the same, the deputy return- ing officer shall enter (or cause to be entered) opposite the name of such voter in the proper column of the poll book the words "refused to swear" or "refused to affirm" according 1176 Cap. 86 CITIES to the fact, and the vote of such person shall not be taken or received, and, if the deputy returning officer takes or receives such vote or causes the same to be taken or received, he shall incur a penalty of $100 ; 7. When the proper entries respecting the person so claim- ing to vote have been made in the poll book in the manner prescribed, the deputy returning officer shall place or cause to be placed 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 paragraph 6 the ballot papers shall then be delivered to the voter. 1915, c. 16, s. 148. Explanation to voter 150. The deputy returning officer 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. 1915, c. 16, s. 149. Initialing poll book 151. The deputy returning officer shall place or cause to be placed in the columns of the poll book headed "mayor" "alderman," "school trustee" and "hospital board," a check mark opposite the name of every voter receiving a ballot paper at the time he receives the same, to denote that the voter has received a ballot paper for mayor, alderman, school trustee, or member of the hospital board, as the case may be. 1915, c. 16, s. 151. Marking of baljot 152. Upon receiving from the deputy returning officer the ballot paper prepared as aforesaid, the voter shall forth- with proceed into the compartment provided for the purpose and shall then and therein mark his ballot paper in the man- ner mentioned in the directions contained in section 131 by placing a cross (thus X) 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 candidate. 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 leaving the compartment shall, without delay and without showing the front to any one or so displaying the ballot paper as to make known to any person the names of the candidates for whom he has or has not marked his ballot paper, deliver the ballot paper so folded to the deputy returning officer, 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, verify his CITIES Cap. 86 1177 own initials and at once deposit the ballot paper in the ballot box in the presence of all persons entitled to be present and then present in the polling place ; and the voter shall forth- with leave the polling- place, 1915, c. 16, s. 152. 153. While a voter is in a voting compartment for the Secrecy of 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. 1915, c. 16, s. 153. 154. No person who has received a ballot paper from theB:.ii..tnot deputy returning oiBcer shall take the same out of the polling from poii place. 1915, c. 16, s. 154. 155. Any person who, having received a ballot paper ^^{{^1"^'^^ from the deputy returning officer, leaves the polling place poii without first delivering the same to the said officer in the manner prescribed, shall thereby forfeit his right to vote; and the officer shall make an entry in the poll book in the column 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. In the latter case the officer shall immediately write the word "declined" upon such ballot paper and shall preserve the same. 1915. c. 16, s. 155. 156. In the case of an application by a person claiming inability, to be entitled to vote who is incapacitated by blindness or mark ballot other physical cause from marking his ballot paper, or in the case of a person claiming to be entitled to vote who makes a declaration that he is unable to read, or where the voting is on a Saturday that he is of the Jewish faith and objects on religious grounds to mark his ballot in the manner prescribed by section 152, the proceedings shall be as follows: 1. The deputy returning officer 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 deputy returning officer shall state or cause to be stated in the poll 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 polling subdivision 'No. in Ward No. of the city of being a duly qualified 1178 Cap. 86 CITIES elector of the said city of , do hereby declare that I am unable to read (or that I am from physical inca- pacity unable to mark a ballot paper, 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 person 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 deputy returning officer who shall attest the same according to the following form: I, C. D., the undersigned, being the deputy returning officer for Ward N^o. {or polling subdivision 'Eo. in Ward Ko. ) of the city of , do hereby certify that the above {or as the case may he) 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 mark a ballot paper, was orally made before me). Signed, C. D., Deputy Returning Officer. Dated this 1915, c. 16, s. 156. day of 19 Voter who cannot speak English 157. Where a voter does not understand the English language the deputy returning officer may employ an inter- preter to translate the oath as well as any lawful question necessarily put to the voter, and his answers ; and the inter- preter 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, and that I will keep secret all knowledge which has come to me of the person or persons for whom any elector has voted. So help me God. 1918-19, c. 34, s. 8. Ballot spoiled before voting 158. A person claiming to be entitled to vote, who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the deputy returning officer the ballot paper so inadvertently dealt with and proving the fact of the inad- vertence to the satisfaction of the said officer, receive another ballot paper in the place of the ballot paper so delivered up. The said officer shall immediately write the word "cancelled" upon the ballot paper so delivered to him, and he shall pre- serve the same till he makes his return under section 171. 1915, c. 16, s. 158. CITIES Cap. 86 1179 159. During the time appointed for polling no person Persons shall be entitled or permitted to be present in the polling be in place other than the officers, candidates, poll clerks, constables ''^ "*^ ^ ^* or agents authorised to attend at the polling place, and the voter who is for the time being actually engaged in voting. 1915, c. 16, s. 159. PKOCEEDINaS AFTER CLOSE OF POLL. 160. In every polling place the deputy returning officer Procedure shall immediately after the closing of the poll, in the presence poii 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 shall examine the ballot papers, and every ballot paper : (a) which has not on its back his initials; or (h) on which more votes are given than the elector is entitled to give ; or (c) on which there are not the full number of votes the elector is entitled to give ; or (d) on which anything except the initials of the said officer on the back is written or marked bv which the voter can be identified ; or (e) which have been torn, defaced or otherwise dealt with by the voter so that he can thereby be iden- tified ; shall be void and shall not be counted. 1915, c. 16, s. 160. 161. The deputy returning officer shall take a note of any objections objection made by a candidate or his agent, or any elector""* authorised to be present, to any ballot paper found in the ballot box, and shall decide any question arising out of the objection. 1915, c. 16, s. 161. 163. Every objection shall be numbered, and a corre- Baiiot sponding number shall be placed on the back of the ballot and^inhLied paper and initialed by the deputy returning officer. 1915, c. 16, s. 162. 163. The deputy returning officer shall indorse "rejected'' ?d"^!g,j on any ballot paper which he rejects as invalid, and shall indorse "rejection objected to" if any objection is made to his decision. 1915, c. 16, s. 163. 164. The deputy returning officer shall then count up the Count votes given for each candidate upon the ballot papers not rejected, and shall make up a written statement in words as well as in figures of the number of votes given for each candi- 1180 Cap. 86 CITIES stateiiient date and of the number of ballot papers rejected and not counted by him, which statement shall be made under the following heads : (a) name or number of ward or polling subdivision and date of election; (&) number of votes for each candidate; (c) rejected ballot papers. 1915, c. 16, s. 164. 165. Upon the completion of the written statement it shall be signed by the deputy returning officer, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign such statement. s. 165. 1915, 16, AttonM at count 166. 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, and not more than one when the candidate himself is present. 1915, c. 16, s. 166. CertiScate of oount Certificate on poll book and sealing up of packages 167. Every deputy returning officer shall, upon being requested so to do, deliver to each of the persons authorised to attend at his polling place a certificate of the number of votes given at that polling place for each candidate, and of the number of rejected ballot papers. 1915, c. 16, s. 167. 168. Every deputy returning officer shall at the close of the poll, certify under his signature on the poll book in full words the total number of persons who have voted at the polling place at which he has been appointed to preside, and shall at the completion of the counting of votes, in the presence of the candidates or agent of the candidates, make up into separate packets, sealed with his seal and with the seals of such candidates 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 elec- tion, the name of the officer presiding at the poll and of the ward or polling subdivision: (a) the statement of votes given for each candidate and of the rejected ballot papers ; (b) the used ballot papers which have not been objected to and have been courted; (c) the ballot papers which have been objected to but which have been counted; (d) the rejected ballot papers; (e) the spoiled ballot papers ; (/) the unused ballot papers; CITIES Cap. 86 1181 {(j) a statement of the number of voters whose votes have been mai'ked by him under sections 156 and 157, with the declaration of inabilitj; and the notes taken of objections made to ballot papers found in the ballot box. 1915, c, 16, s. 168. 169. Before returning the voters' list and poll book to the Deputy's returning officer, the deputy returning officer shall make and rotvirn subscribe before a justice of the peace or before the poll clerk his declaration under oath that the voters' list and poll book were used in the manner prescribed by law and that the entries required by law to be made therein were correctly made; which declaration may be in the following form: I, C. D., the undersigned deputy returning officer for Ward ISTo. {or for polling subdivision ISTo. of Ward No. ) of the city of , do solemnly swear {or, if Tie ?•«" ness as sellers of horses and mules within the city or bringing horses and mules into the city for the purpose of selling or offering the same for sale; 64. Restraining and regulating the running at large ofc^-etax dogs, imposing a tax on persons owning, possessing or bar- bourimr thorn, and providing for killing dogs running at large contrary to law; 65. Licensing, regulating and governing persons who for Buiiard hire or gain, keep or have in their possession, or on their premises, any billiard, pool or bagatelle table, or keep or have any such table, whether used or not, in a house or place of public entertainment or resort; and limiting the number of licenses to be gi-anted and the number of such tables which shall be licensed; 66. Preventing or regulating and licensing waxworks. Licensing . . shows etc. menageries, circuses, shows, theatres and caravans, requiring the payment of license fees by exhibitors thereof not exceeding $500 per day, and imposing fines on persons for infringing such bylaws to the amount of $50 and costs over and above the amount of the license fee. Such fine and costs and fee may be levied by distress and sale of the goods of the show- man, 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 a period not exceeding six months; 67. Preventing or regulating and licensing exhibitions, Places of halls, opera houses, bowling alleys and other places of amusement, held or kept for hire or profit; 68. Controlling, regulating and licensing livery, feed and Business, et«. sale stables, motor liveries, real estate dealers and agents, intelligence officers or employment officers 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 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 mer- chant, manufacturer or other person selling directly to the consumer not having his principal place of business in the city; and collecting license fees for the same; 69. Licensing porters, water dealers, milk dealers or Porters, etc. carriers or common carriers, draymen, hackmen, taxical) drivers, omnibus drivers and all persons performing work with horses or mules within the city for hire and regulatin"- the same and fixing a schedule of fees to be charged by the same : 1198 Cap. 86 CITIES Pawnshops Educational institutions Charitable ■institutions Road improvement Fire ■department Fire protection Assistance in ■extinguishing fires Erection and repair of buildings TO. Licensing and regulating pawnshops, junk stores or shops 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. Granting aid to educational institutions or exempting them from taxation beyond the current year, but no such exemption shall extend beyond a period of ten years ; 72. Granting aid to any charitable institution to any amount not exceeding $2,000 in any one year without requiring the approval of the burgesses; 73. Granting aid further than the above to a charitable institution, or exempting it from taxation beyond the current year, but no such exemption shall extend beyond a period of ten years ; 74. l^orainating a poor relief board, and providing out-of- door aid to the resident poor; 75. Entering into an agreement with the board of high- way commissioners for the improvement of any road or portion of a road beyond the boundaries of the municipality in accordance with the provisions of The Highways Act : 76. Establishing a fire department, appointing the officers thereof, regulating and providing their remuneration and prescribing their duties ; 77. Providing protection from fire by the purchase of engines and equipment, and compelling the building of fire walls ; 78. Compelling the inhabitants to assist and aid in the extinguishing of fires, pulling down and razing buildings and removing property in the vicinity of fires for the purpose of preventing the spreading of the same; and providing compensation 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 under the authority of the council, the council shall compensate the owner for the amount of insurance which the owner would have been entitled to had the building been burned ; 79. Respecting the erection, classification and repair of buildings to be erected within the city or any part thereof, the distance of such buildings from the street line and the minimum space to be allowed between buildings and the side lines of the lots upon which they are constructed ; Wooden buildings, etc. 80. Preventing the erection of wooden buildings or addi- tions thereto and wooden fences in specified parts of the city, 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 city. CITIES ' Cap. 86 1199 Tegulating the construction and dimensions of chimneys and chimneys enforcing the proper cleaning of the same and authorising the pulling down or removal at the expense of the owner thereof of any building or erection which may be constructed Rfimovai of or placed in contravention of any bylaw; 81. Prohibiting the erection of any building used or to be Prohibiting 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 city as the council may designate : Provided that no such bylaw shall prohibit the continued maintenance for any of said purposes of any building used for such purposes at the time of the passing of such bylaw; 82. Generally establishing such measures as the safety P/^vfntion and welfare of the city may require for the prevention and extinguishment of fires; 83. 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 guaranteeing the repayment of the principal and interest of any loan obtained by the hospital authorities : Provided that the amount of any such guarantee together with the debenture indebtedness of the city shall not exceed the amount fixed by section 311 ; and further that, in case of a guarantee, the bylaw shall receive the assent of two-thirds of the burgesses voting thereon; 84. Uniting with the councils of other municipalities in Uniting with other the construction and maintenance of an hospital or charitable municipniitie? for comm purposes institution deemed by all the councils concerned to be of ,^°'" *^°"""''" laenefit to their respective municipalities, and entering into an agreement as to the joint control and management thereof in accordance with regulations made under The Union Hos- pital Act, the sum granted for maintenance not to exceed two mills on the dollar upon the total value of the assessable property within the city according to the last revised assess- ment roll ; 85. Uniting with the councils of other municipalities for the construction and maintenance of any public work or performance of any matter or thing deemed by all councils concerned to be of benefit to their respective municipalities, and entering into an agreement as to the joint control and management of any undertaking that concerns their respective municipalities : Provided that for the purposes of this and paragraph 84 the word "municipality" shall include rural municipality, village and town; 86. Subject to the provisions of any Act of the Parliament Railways of Canada or of the Legislature of Saskatchewan, or to any order of the Board of Kailway Commissioners for Canada, sanctioning and permitting the track of any railroad, street 1200 Cap. 86 CITIES Railway trains Parks, exhibition grounds, etc. railway or tramway to be laid in, on or along any street or avenue of the city, subject to the ratification of the bylaw by two-thirds of the burgesses voting thereon as hereinafter provided, providing compensation for any damage that may be done on the property or on said streets or avenues, the amount of said damage, if any, to be settled in the manner provided herein in regard to the expropriation of land, and regulating the use of locomotive engines and of steam or other motive power on any or every portion of any railroad within the city, providing and regulating the speed of cars upon any and every part of any railroad within the city and imposing a penalty not exceeding $500 for breach of such bylaw ; 87. Subject to the provisions of any Act of the Parliament of Canada or of Saskatchewan respecting railwavs or to any order of the Board of Railway Commissioners for Canada regulating the rate of speed of railway trains and engines along or across any of the streets or avenues of the city and preventing the obstruction of any streets or avenues by leaving, keeping or allowing to stand thereon any engine, train, car or cars or truck for a longer period than 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 city or the blowing of whistles or ringing of bells while the engine is going along or across any street or avenue except under conditions mentioned in such bylaw, and imposing a penalty, for breach of such bylaw not exceed- ing $500 : Provided that in any proceedings taken for infraction of bylaws passed under this or paragraph 86, service of neces- sary documents upon any resident employee of the railroad shall be good service upon the owners of the railroad; Provided further that 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 bylaw, and proceedings may be taken against either or any of them ; 88. Acquiring an estate in landed property within or without the city for a public park, forest area, garden or , walk, or for athletic grounds or a place for exhibitions, and for the disposal thereof when no longer required for the purpose or when the council deems it advisable to dispose of the same : Provided, however, that no land purchased for any of the above purposes, or acquired for general unspecified purposes and subsequently applied to any of the above purposes, shall be sold or disposed of in any way except under the authority of a bylaw assented to by two-thirds of the burgesses voting thereupon ; CITIES Cap. 86 1201 89. Accepting and taking charge of landed property within ^f^^'^^^l . or without the city dedicated for a public park, garden or walk for the use of the inhabitants ; 90. Erectins; monuments to soldiers who have fallen in the Monuments ~ . I » '-o soldiers war, and acquiring grounds for a site therefor ; 91. Aidinsr the establishment or maintenance of bands of ^^''"^'^"f . .....1. musio music by any corps of active militia within the city or any other bands of music; 92. Purchasing, maintaining and controlling a cemetery cemetery outside the city and preventing or regulating the burial of the dead within the city: Provided that in each cemetery purchased and owned by a city there shall be set aside a portion for the burial of the destitute ; 93. Constructing, maintaining and operating a municipal ^^trect street railway; 94. Adopting any other time than "mountain standard '^"^^ time" for regulating business hours within the municipality, subject to the approval of a majority of the electors voting thereon ; 95. Submitting to the vote of the electors any municipal Any munipipai question not specifically authorised by this Act; 96. Restraining and regulating the running at large or npstraint trespassing of any animals, providing for distraining and "' ''""""'^ impounding them, and determining the compensation to be allowed for carrying out the provisions of such bylaw and for services rendered in respect to, and sustenance supplied for, animals, distrained or impounded; appointing pound- keepers and providing sufficient yards, buildings and inclo- sures for the safe keeping of such animals as it may be the duty of the poundkeeper to impound ; appraising damages to be paid by the owners of animals impounded for trespassing and providing for the sale of animals impounded in case they are not claimed within a reasonable time or in case the damages, costs and expenses are not paid; 97. Authorising the mayor to proclaim as a civic holiday civic holiday a day to be named in the bylaw. 1915, c. 16, s. 204; 1916, c. 18, s. 11; 1917, c. 11, s. 7; 1917 (sess. 2), c. 25, s. 5; 1918-19, c. 34, s. 9; 1919-20, c. 23, s. 6. 206. Where power is given to the city under the provisions Taking of this or any other Act to perform services or sell goods or '''''^""*^ lands, it shall have and be deemed always to have had the same right as a private individual to take security for any debt owing to it, arising out of matters transacted in the exercise of such power. 1917 (sess. 2), c. 25, s, 6. PROVINCIAL LiaRARY. 1202 Cap. 86 CITIES Closing of shops Petition by shopkeepers Half day a week closing Repeal of bylaw Chemists and druggists excepted t Supplying article in emergency "Shop" "Closed" CLOSING OF SHOPS. 307. — (1) The council may by bylaw require that during the whole or any part of the year any class of shops within the city shall be closed, and remain closed on each or any day of the week, during any time between six o'clock in the afternoon and five o'clock in the morning of the next fol- lowing day, or that any class of shops shall be closed and remain closed on any one day of the week after the hour of 12 o'clock noon or such later hour as may be deemed advis- able. (2) jSTo such bylaw shall be passed unless upon petition, and unless the council is satisfied that such petition is signed by not less than three-fourths in number of the occupiers of shops throughout the city belonging to the class to which such petition relates. (3) The council may also upon the receipt of a petition therefor, and upon being satisfied that such petition is signed by not less than two-thirds in number of the occupiers of shops throughout the city, require by bylaw that all shops shall be closed and remain closed on any one day of the week after the hour of 12 o'clock noon or such later hour as may be deemed advisable. (4) No bylaw passed under this section shall be^ repealed unless it appears to the council that more than one-third in number of the occupants of a class of shops affected thereby are opposed to its continuance;, in which case the council may repeal the bylaw in so far as it relates to such class. (5) A pharmaceutical chemist or chemist and druggist shall not be liable to fine, penalty or punishment under any such bylaw for supplying medicines, drugs or medical appli- ances after the hour appointed by such bylaw for the closing of shops. (6) Nothing in such bylaw contained shall render the occupier of any premises liable to fine, penalty or punishment for supplying any article required for immediate use by reason or because of an emergency arising from sickness or death. (7) "Shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail, and barbers' shops; but not where the only trade or business carried on is that of a tobacconist, news- ngent, hotel, inn, victualling house or refreshment house. (8) "Closed" means not open for the serving of customers. 1915, c. 16, s. 205; 1917 (sess. 2), c. 25, s. 7. Powers incidental to licenses LICENSES. 208. The power to license any business, industry or calling or the person carrying on or engaged in it shall include the power to prohibit the carrying on or engaging in it without CITIES Cap. 86 1203 a license, aud to impose penalties upon unlicensed persons, to fix the fees to be paid for licenses and to enforce payment of the same, to limit the time during which a license shall remain in force and to suspend or revoke or provide for the suspension or revocation of licenses; and such power shall, within the city, extend fo persons who carry on business l)artly Mnthin and partly without the city limits. 1918-19, c. 34, s. 10. 309. The power to license any trade, calling, business or P;;;j^«.t» occupation or the person carrying on or engaged in it shall include the power to prohibit persons from carrying on or engaging in such trade, calling, business or occupation with- out a license. 1915, c. 16, s. 20Y. 210 (1) The granting or refusing of a license to a^iJ g^^;^''4n^* person to carry on a particular trade, calling, business or occupation, or the revoking of a license under any of the powers conferred upon a council by this or any other Act, shall be in its discretion, and it shall not be bound to give any reason for such refusal or revocation, and its action shall not be open to question or review by any court. (2) The council may delegate to the medical health officer the power to revoke the license of any person who sells food or drink for human consumption in the city but who neglects or refuses to comply with the rules, orders or regulations of the commissioner of public health or with the bylaws of the city relevant to such business. 1915, c. 16, s. 208; 1916 c. 18, s. 12. 311. Where a license is revoked, the licensee shall be Refund on /•ii- e i^'i revocation entitled to a refund of a part of the license fee proportionate to the unexpired part of the term for which it was gi-anted. 1915, c. 16, s. 209. 313. The imposing or collecting of license fees shall "^ {^jj'g^'Xcte''^ no case be held to prevent the assessment of any land held or taxes used by the license holders or the collection of any taxes lawfully imposed thereon. 1915, c. 16, s. 210. 313. ~Eo city nor city official shall issue a license to ^.ny Production^^ one as ovsmer of a motor vehicle, chauffeur, dealer in motor license vehicles or keeper of a garage; auctioneer; owner, proprie- tor, manager, agent or person in charge of a menagerie, cir- cus, wild west show, trained animal show or similar show; owner, proprietor, lessee or manager of a theatre, moving picture theatre, opera house, concert hall, dance hall, assembly room or other place of public entertainment, or film exchange, or as itinerant exhibitor of moving pictures, mov- ing picture operator or operator's apprentice ; or to any other Vol. II— 3 1204 Cap. 86 cities person required by law to obtain a provincial license, until the applicant has first produced the proper provincial license, and no license issued by a numicipality without such produc- tion shall be valid. The city license issued in such case shall state the fact that the licensee has produced a provincial license. 1915, c. 16, s. 211; 1916, c. 18, s. 13.. PUBLIC ACCOMMODATION. 314. The council shall have power: rS's'liK''' (a) to license public hotels and other places of public *''"''®'"'* accommodation, and to adopt by bylaw regulations with respect to the licensing and the conducting, management, appointments and inspection of all such places, and to enforce such regulations by - means of penalties; (h) to refund in whole or in part any taxes other than school taxes paid by any licensee of a public hotel ; (c) to provide for the establishment of a public rest and reading room, and to make rules and regulations for the conduct and maintenance of the same; (d) to provide sample rooms for the convenience of commercial travellers, and to fix the fees for the use of such rooms; (e) to make suitable arrangements for the care and maintenance, by the licensee of any public hotel or other place of public accommodation, of any library the council may desire to instal. 1917 (sess. 2), c. 25, s. 8. Sntjeaa^*^ 315. The couucil may subject to the approval of a vote bJidinia^^ of the burgesses as in the case of money bylaws rent, lease, purchase or otherwise acquire any building or land which it desires to use in any way for the purpose of providing pub- lic accommodation. 1917 (sess. 2), c. 25, s. 8. Tofcin* 216. For the purpose of any vote to be taken under sec- tion 215, the provisions of this Act with respect to voting on money bylaws shall, with the necessary modifications, apply. 1917 (sess. 2), c. 25, s. 8. Powers 317. Upon securing authority to acquire property for securing the purpose of providing public accommodation the council may : (a) furnish the premises so acquired; (b) provide for the management of such premises; (c) do all such other acts and things as may be deemed necessary or advisable to have the said premises CITIES Cap. 86 1205 conducted and managed successfully and economic- ally as a place of public accommodation. 1917 (sess. 2), c. 25, s. 8. , ' 318. All moneys required for carrying out the provisions ^73°"« of sections 214, 215 and 217 may be provided from the general revenues of the city or by the issue of debentures or other securities. 1917 (sess. 2), c. 25, s. 8. 319. Any person desirous of conducting a public hotel to^conducT or other place of public accommodation shall make applica- ^ ° cler'k tion for a license to the city clerk and the clerk shall, at the next sitting of the council after receipt of such application, submit the same to the council for its consideration. 1917 (sess. 2), c. 25, s. 8. 330. Such application shall be in the following form: f°^J?°t^i^„ Public Accommodation. application for license. Ij hereby make application for a license to operate a in the building occupied by me situate on lot No. block No. in the city of in the Province of Saskatchewan. I am the true owner of the business and I am the owner of (or have a lease of) the premises for which this license is requested, and I am of the full age of twenty-one years. Dated at this day of 19 and signed in the presence of Signature of Applicant Signature. In addition to the information contained in the above form, an applicant for a license shall furnish such information as the council may require. 1917 (sess. 2), c. 25, s. 8. 331. — (1) The council, if satisfied that the applicant isCoundi a fit and proper person to conduct a public hotel or other jssue^^ place of public accommodation, as the case may be, and that the premises to be used are necessary and suitable for the purpose, may by resolution instruct the clerk to issue the license applied for. Such license shall bo in the folloM'ing form : 1206 Cap. 86 CITIES Public Accommodation. LICENSE. The council of the city of' hereby grants to this license to conduct a in the premises situate on lots No. in block No. in the city of which license shall continue in force till the thirty-first day of January, 19 , unless otherwise suspended or cancelled. Dated at 1 this ■ j day of . ' 19 ': ^ ; • I Signature of Clerk. (Seal of Municipality) J (2) The fee payable in advance for a license for a public hotel shall be such as the council may determine, but it shall not exceed $1. (3) The provisions of subsection (6) of section 413 shall not apply to this fee. (4) The fee payable in advance for a license for a board- ing house or restaurant shall be such as the council may determine. 1917 (sess. 2), c. 25, s. 8. Application for renewal of licenses 333. Every annual application for the renewal of a license shall be filed with the clerk and all such applications shall be dealt with by the council in the manner herein pro- vided for first applications. 1917 (sess. 2), c. 25, s. 8. Licenses framed and exhibited 333. — (1) Every person licensed to conduct a public hotel or other place of public accommodation shall cause his license to be framed and continuously exhibited in a con- spicuous public position on the licensed premises. (2) Any licensee who fails to comply with the provisions of this section shall be liable on summary conviction to a penalty not exceeding $25 and costs. 1917 (sess. 2), c. 25, s. 8. Sign exhibited 334. — (1) Every person licensed to conduct a public hotel shall cause to have placed over the door of the main entrance to the premises a sign on which shall be painted in conspicuous characters the words "Public Hotel." (2) Any licensee who fails to comply with the provisions of this section shall be liable on summary conviction to a penalty not exceeding $100 and costs. 1917 (sess. 2), c. 25, s. 8. CITIES Cap. 86 1207 335. Any person not a licensee of a public hotel who ^^"^'^'^^ggg^. causes to be displayed in or on any building or in any manner *[j|^^^^by^ connected therewith any document or other paper purporting p't^o" to be a license as herein provided, or any sig-n intended to cause the public to believe that such building is a public ^ hotel or that the owner or any occupant thereof has been licensed to conduct the same as a public hotel, shall be liable on summary conviction to a penalty not exceeding $100 and .costs or in default of payment thereof to imprisonment for one month. 1917 (sess. 2), c. 25, s. 8. 336. — (l) The clerk shall, when the council has made N..tice of ,' ^ municipal provision by bylaw for licensing public hotels or other places byiaw of public accommodation, give public notice of the same in such manner as the council mav determine, (2) Within thirty days from the date of publication of such notice every person, who owns, conducts or manages a public hotel or other place of public accommodation required to be licensed, shall apply to the council for a license. (3) Any person, who, after the expiration of sixty days from the date of publication of such notice, owns, conducts or manages a public hotel or other place of public accom- modation required to be licensed by the council, without having applied for and obtained a license, shall on summary conviction be liable for a first offence to a penalty not exceed- ing $25 and costs, and for a second and every subsequent offence to a penalty not exceeding $60 and costs. 1917 (sess. 2), c. 25, s. 8. 337. Every public hotel or other place of public accom- Con^^uct of modation licensed hereunder shall be conducted in accord- regulated ance with bylaw^s, rules and regulations enacted by the coun- cil in that behalf. 1917 (ses8. 2), c. 25, s. 8. 338. The council may cancel or suspend for such time Suspenaion or i-ii T , ^ J. cancellation as it may deem advisable any license granted to a place ot of license public accommodation, but no such cancellation or suspension shall take place until the licensee has been given a full oppor- tunity to be heard regarding any complaint that may have been lodged with the council with respect to the conduct of the licensee or of the premises under his control. 1917 (sess. 2), c. 25, s. 8. 339. — (1) Written notice of every such cancellation or service and effect of suspension shall be forthwith served by the clerk on the notice of ,. n . I \ T , cancellation licensee personally or on some one m his employ, and upon receipt of such notice it shall be the duty of such licensee or employee to forthwith remove the license and the sign referred to in sections 223 and 224. 1208 Cap. 86 CITIES Public rest and reading rooms (2) Any licensee or employee who contravenes the pro- visions of this section shall be guilty of an offence and liable on summary conviction, to a penalty not exceeding $100 and costs, or in default of payment to imprisonment for fourteen days. 191Y (sess. 2), c."^25, s. 8. 330 — (1) For the purpose of aiding in the establish- ment of a public rest and reading i-oom in any public hotel or other place of public accommodation in a city and of providing for the care of any library the council may desire to instal in such hotel or place of public accommodation the following gi-ants or expenditures may be paid to the licensee of such hotel or place of public accommodation by the coun- cils concerned, namely : (a) by the council of the city such sums as may be deemed advisable but not exceeding $200 annually ; (h) by the councils of every adjacent rural municipal- ity such sums as may be deemed advisable but not exceeding $20 annually for each division of the municipality. (2) For the purpose of better carrying out the provisions of this section the municipal councils concerned may enter into an agi'eement witli the licensee of any public hotel or other place of public accommodation for the purposes men- tioned, and such agreement shall set forth the terms and conditions under which and the times when the gi'ants or payments herein provided for shall be payable to such licensee. (3) Money payable as a grant under the provisions of this Act shall be exempt from attachment. 1917 (sess. 2), c. 25, s. 8: 1919-20, c. 23, s. 7. Notice displayed in public hotels, etc. 331. — (1) There shall be displayed in a conspicuous place in the main office or public room of every public hotel or other place of public accommodation, licensed as such under the provisions of this Act, a notice bearing in plain characters that may be easily read the following words: "The keeping or consuming of intoxicating liquors on any part of these premises is prohibited by law." (2) The proprietor or manager of any such licensed public hotel or other place of public accommodation who fails or neglects to have and to keep the said notice displayed as pro- vided by this section shall be guilty of an offence and liable on summary conviction to a penalty of $50 and in default of payment to imprisonment for thirty days. 1917 (sess. 2), e. 25, s. 8. CITIES Cap. Hiy 1209 DEFINING BUSINESS AKEAS. 333 — (1) The council may prescribe areas within which ^j!^^^^ no business shall be carried on or within which any partic- ular business shall not be carried on, and may prohibit the carrying on within the city of any business likely in the opinion of the council to become or give rise to a nuisance. (2.) No bylaw under this section shall receive more than one readins; at anv one meetins; of the council, (3) Should a bylaw under this section prohibit the con- tinued maintenance of a business already in existence in the city or in the defined area, the city shall compensate the owner for any loss which he may suffer in consequence of the prohibition. (4) No such prohibition shall become effective before the expiration of a period of three months from the date upon which the bylaw containing it was finally passed by the council, nor until a notice thereof in general terms has been advertised once a week for three successive weeks in a news- paper published in the city. (5) A claim for such compensation may be filed with the city clerk at any time within three months after the date when the prohibition becomes effective. (6) A claim for compensation, if not mutually agreed upon, shall be determined by arbitration under this Act, and all the proceedings of Part X wath reference to the ascer- taining of damages for lands injuriously affected by the city's exercise of any of its powers shall apply, in so far as applicable and riot inconsistent with the express terms of this section, to such claim and arbitration, 1915, c. 16, s, 212 ; 1916, c. 18, s. 14, EMERGENCY FUND. 333. The council may establish a fund for working cap- Emernancy ital or as an emergency fund, and may from time to time include in the estimates for the year and set aside from the current revenue sums to be applied to such purposes, and may regulate the mode in which such fund shall be used, paid out and recouped ; provided always that the use of any part of said fund for any specific purpose shall in no way limit the right of the council to raise separate funds for such pur- pose in any manner provided for in this Act, in which case the council shall recoup said working capital or emergency fund. 1915, c. 16, s. 213. PURCHASE OF LAND. 334. — (1) The council may acquire for any public civic Ac<^iii^« purpose whatever such land within or without the city as it shall deem expedient to acquire. 1210 Cap. 86 CITIES (2) Land acquired by the city may be held, improved and used, or when in the opinion of the council it is no longer required for the use of the corporation it may, subject to the provisions of paragraph 88 of section 205, be leased, sold or otherwise disposed of without the matter being referred to the burgesses. 1915, c. 16, s. 214. No sale at less than actual value Investment ot proceeds 335. 'No city shall have the power to lease, sell or other- wise convey or dispose of a site for industrial or commercial ])urposes at a price less than the fair actual value of the interest so conveyed or disposed of. 1915, c. 16, s. 215. 2', J36. The proceeds of the sale of any lands by the city shall be considered to be held on capital account and may be used for acquiring other lands or invested in the same manner as sinking funds, or may be on such terms as the local government board may deem proper, used for or Leaned to any of the city's public utilities. 1915, c. 16, s. 216. Disposal of income 337. All income derived from said lands or from the investment of the proceeds arising from the sale thereof, may be appropriated by the council as if it were money raised by general s. 217. rate for general municipal purposes. 1915, c. 16, Decision of council not open to question 338. Except in cases falling within section 235 the deci- sion of a council as to the time when, the manner in which, the price for which, or the person to whom any property of the corporation, which the council may lawfully sell, shall be sold, shall not be open to question, review or control by any court, if the purchaser is a person who may lawfully buy and the council acted in good faith. 1915, c. 16, s. 218. TAKING :srORE LAND THAN REQUIRED. Taking 339. Whenever the council or commissioners desire to *nore land than required undertake auy work or enterprise authorised by this or any other Act and for the purpose of carrying out the same it may become necessary to acquire any land or any land may be injuriously affected thereby, the council or commissioners, if they deem it expedient, may acquire any adjoining land, or the land liable to be injuriously affected, and the surplus of any land so acquired, over and above the land required for the work or enterprise, they may hold, lease, sell or otherwise dispose of. 1915, c. 16, s. 219. PUBLIC UTILITIES. 340. The provisions of The Municipal Public Woj-ks Act, Municipal Public Works 8 '^''lication of sl^^l^ ^6 deemed to be incorporated in this Act, and the city shall, with respect to public works of the various classes CITIES Cap. 86 1211 therein mentioned, possess all the powers and remedies con- ferred by the said Act, whether or not such works have been or shall be constructed under bylaws purporting- to be passed under the authority thereof. 1915, c. 16, s. 220. 241. Section 48 of the said Act shall not apply to money borrowed or debentures issued after the twenty-fourth day of June, 1915. 1915, c. 16, s. 221. ESTABLISHING A CIVIC CENTRE. 24:2. In the event of the council acquiring land for the Civic centra establishment of a civic centre, with a view to grouping' together in some central location the civic offices and other buildings of a public character, it shall be in the power of the council to pass bylaws or regulations prescribing the height, structural character and architectural features of all buildings on lands fronting on or adjoining such civic centre and the uses to which such buildings may be put, and pro- hibiting the use of any such buildings on such frontage or adjoining lands for the exhibition of advertisement hoard- ings, or the holding of travelling shows, or for any other purpose which the council may deem aesthetically offensive or obnoxious, having regard to the character of the locality as a civic centre : Provided that the council shall not be liable, in respect of any such bylaws or regulations or the enforcement thereof, to make compensation to the owners or occupiers of lands or buildings affected thereby, excepting in the event of any building having to be taken down, removed or altered in consequence of such bylaws or regulations, in which case the amount of compensation shall, failing agTeement, be deter- mined by arbitration in the manner provided for by Part X. 1915, c. 16, s. 2.22. SUPEKANNUATION AND BENEFIT FUNDS. 343. The council mav bv bvlaw provide for aiding and f "perannua- «/•/" 1 _ D tion and assisting by annual money grant or otherwise, as the council benefit granu may deem expedient, the establishment and maintenance of superannuation and benefit funds for the benefit of civic employees or of any class thereof. 1915, c. 16, s. 223. RESTRAINING VAGRANTS AND OTHERS. 344. The council may pass bylaws for restraining and Restraining punishing vagi-ants, mendicants and persons found drunk or disorderly in any street, highway or public place and may provide that the chief constable of the city or the inspector or other member of the police force of the city in charge of any police station to which any person is brought on the 1212 Cap. 86 CITIES charge of being drunk without being disorderly may release such person without bringing him before a police magistrate or justice of the peace. 1915, c. 16, s. 224. Parks board Hospital board of governors Noxious weeds inspectors PAEKS BOAKD. 345. The council may by bylaw appoint a parks board to exercise such powers in the control, supervision and man- agement of any park, street boulevard, playground and cemetery as the council may determine and may provide for the remuneration, if any, of the members thereof; such members shall hold office during the pleasure of the council. 16, s. 225. 1915, c HOSPITAL BOARD. 346. — (1) The council may by bylaw appoint a board of governors consisting of not less than two and not more than nine members to manage, control and operate any hospital belonging to the city, and may define the powers and duties of such board and the remuneration, if any, of the members. (2) The council may by such bylaw provide that the board of governors or part thereof may be elected, in which case the nomination and election of members of such board shall be held at the same time and place, and by the same officers, and shall be conducted in the same manner as the nomination and election of mayor and aldermen. All the provisions in this Act contained respecting the election and qualification of aldermen, and the qualification of electors and the voting at elections shall mutatis mutandis apply to the election of members of such board. (3) The bylaw shall also state the period of time during which each member shall hold office. (4) In case the validity of the election of any member of such board is contested, proceedings shall be taken under The Controverted Municipal Elections Act. 1915, c. 16, s. 226. NOXIOUS WEEDS. ' 247.— (1) It shall be the duty of the council and it shall have power to appoint before the first day of March in each year such inspectors as may be required to carry out and enforce the provisions of The Noxious Weeds Act within the city and to clearly define the territory of each such inspector so that every part of the city shall be covered; and every inspector so appointed shall hold office until his successor is appointed and shall have all the power and shall perform all the duties of an inspector appointed in accordance with the provisions of the said Act, and shall be paid such remun- eration as the council may fix. CITIES Cap. H6 1213 (2) It shall be the duty of the olerk to notify the Weeds Commissioner at the Department of Agriculture forthwith of the appointment of such inspectors and of their post office address and of the territory assigned to each. 1915, c. 16, 8. 227. CARE OF THE INDIGENT SICK. 348. — (1) The council of every city shall make due pro-Careof vision for the care and treatment of any person who has been " a resident of the municipality for at least thirty days, who falls ill and who for financial reasons or otherwise is incap- able of procuring the necessary medical attendance and treatment. (2) In the absence of such provision, if any such person Demand by is admitted as a patient by an hospital which receives aid from the general revenue of the province, the hospital board may demand from the council a sum not exceeding two dollars per day for each day's actual treatment and stay of the patient in the hospital, provided that: (a) such demand shall be made within thirty days after the discharge or death of the patient ; (&) the hospital board before becoming entitled to such sum shall notify the council within one week after the admission of the patient of the fact of such admission and that the board will claim from the council compensation for his care and treat- ment under this Act. (3) Any sum thus paid bv the citv to the hospital, and Recov.ry V/ J r^ "-if "ti 1 °^ payment any expenses otherwise incurred for medical care and treat- from •,,. . , ■,/. 1 . patient ment under this section, may be recovered irom the patient by action or by distraint by the treasurer of the city, and in the event of the death of the patient the council may recover from his administrators or executors the said sum. (4) The council may enter into an agreement with the Agreement board of any hospital to care for and treat all such patients council of the city for such annual sum and subject to such conditions and restrictions as may be agreed upon. 1915, c. 16, s. 228 ; 1918-19, c. 34, s. 11. 249. — (1) The council shall make provision for the^^ij^oj decent burial of the bodies of destitute and friendless persons persons who have died within the city or who have died in an hos- pital or while under the care of the city. (2) Should any such person die leaving goods within the treet cara c. 16, s. 229. SUNDAY STREET CARS. 353 — (1) The council of any city may pass a referred bylaw declaring that section 243 of The Saskatchewan Rail- ivai/i Act shall cease to apply to the operation within the city of any street railway, tramway or electric railway; and on, from and after the coming into force of such bylaw until CITIES Cap. 86 1215 the same is repealed as provided by subsection (2) hereof, the said section 243 of The Sashalchewan Railway Act shall cease to apply to the operation within the said city of any street railway, tramway or electric railway. (2) The council of any city shall also have power to pass a bylaw repealing any bylaw provided for by subsection (1) ; and on, from and after the coming into force of such bylaw the said section 243 of The Saskatchewan Railway Act shall apply to the operation within the said city of any street rail- way, tramway or electric railway. (?)) Every such bylaw provided for by this section shall receive the assent of the majority of the persons voting thereon. (4) The persons qualified to vote upon any bylaw pro- vided by this section shall be the persons whose names appear in the last revised voters' list of the city. (5) All the provisions of this Act respecting bylaws requiring the assent of the burgesses shall, in so far as they are not inconsistent with the provisions of this section, apply mutatis mutandis to proceedings upon a vote under the pro- visions of this section. 1915, c. 16, s. 230. COLD STORAGE. 253. The council of a citv may establish and carrv on coid storage the business of cold storage in connection with or upon the market property of the corporation. 1915, c. 16, s. 231. EESTRICTIONS ON LEGISLATION". 354.— (1) Subject to the provisions of section 319, every lu-.-trictioM bylaw lor : (a) acquiring, building, carrying on, constructing, improving, leasing, extending, maintaining, manag- ing or operating and acquiring sufficient land for the convenient carrying on of bridges, cemeteries, crematories, elevators, exhibitions, gaols, gas or electric light, heat or power works, hospitals, lockup houses, markets, parks, poorhouses, roads, road or street construction plant and machinery, sewerage or drainage works, street railway's, water powers or water works, where it is not intended that the cost shall be borne out of the revenue for the then current vear ; (6) making loans or grants to educational or charitable institutions, or exempting them from taxation beyond the current year; 1216 Cap. 86 CITIES Jurisdiction beyond city limits (c) granting to any gas or electric light or power syndicate or company or street railway syndicate or company any special franchise whether exclusive or not; (d) contracting debts not payable within the current year; shall in the case of bylaws provided for in clause (&), sub- ject to the exception created by section 205, paragraph 72, and in clause (c) hereof receive the assent of two-thirds of the burgesses voting thereon in accordance with the provi- sions of sections 267 to 304. and in other cases a majority of the burgesses so voting. (2) No bylaw for any of the purposes mentioned in clause (c) shall be passed if the city has a similar system, undertaking or business in operation as a municipal public work, nor shall any special franchise be gi-anted for a longer period than twenty years. (3) A debt contracted pursuant to a bylaw and not pay- able 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 thereunder. 1915, c. 16. s. 232; 1916. c. 18, s. 15. 255. Where the council decides to undertake any of the enterprises mentioned in clause (a) of subsection (1) of section 254, or to assist any of the institutions mentioned in clause (6) thereof, it may do so notwithstanding that the same may be whollv or partly outside the limits of the city. 1915, c. 16, s. 233.' No bonuaing 356. No city shall have power to bonus in any manner, exempt from taxation beyond the c\irrent year, subscribe for stock in, or guarantee the payment of any bonds or deben- tures issued by, any industrial or commercial undertaking, or any railway company other than an incorporated street railway company operating within or near the city. 1915 c. 16, s. 234. Co, deo -nui incil may litre aaces DECLAEING AND AliATING NUISANCES. 257. — (1) The council may by resolution or by bylaw declare any building, structure or erection of any kind what- soever or any drain, ditch, watercourse, pond, surface water or any other matter or thing in or upon any private land, street or road or in or about any building or structure, a nuisance and dangerous to the public safety or health, and by such bylaw or resolution as may be directed therein order that the same shall be removed, pulled down, filled up or otherwise dealt with by the owner, agent, lessee or occupier thereof, as the council may determine and within such time after service of the order as may be therein named. CITIES (^ap. 86 1217 (2) At or near the locality of the nuisance so declared a placard shall be posted giving the order provided for herein, and, subject to the provisions of the two next following subsections, the order shall be served personally upon the owner, agent, lessee or occupant of the premises. (3) Where the nuisance so declared is a building, struc- ture or erection, publication of the order for a period of five days in a daily newspaper published in the city, or, where there is no such paper, in two successive issues of a weekly newspaper there published shall be good and sufficient service upon the owner, agent, lessee or occupant of the premises. (4) Where the nuisance is not a building, structure or erection, publication of the order for a period of two days in a daily newspaper published in the city, or, where there is no such paper, in one issue of a weekly newspaper there published, shall be good and sufficient service upon the owner, agent, lessee or occupant of the premises. 1915, c. 16, s. 235 ; 1919-20, c. 23, s. 9. DOING OMITTED WORK. 358. When the council has authority to direct that any Councilman matter or thing shall be done by any person, the council may also direct that in default of its being done by such person it shall be done at his expense, and the city may recover the expense thereof with costs by action or in like maimer as municipal taxes. 1915, c. 16, s. 236. NO EXCLUSIVE FRANCHISE. 359. The council shall have no power to give any person No exclusive an exclusive right of exercising any business or special fran- chise within the city, except in cases where such power is conferred expressly or by necessary implication in this or some other Act. 1915, c. 16, s. 237. REASONABLENESS OF BYLAWS. 360. A bylaw passed by a council in the exercise of any Bylaws not of the powers conferred by and in accordance with this Act question and in good faith shall not be open to question, or be quashed, set aside or declared invalid, either wholly or partly, on account of the unreasonableness or supposed unreasonableness of its provisions or any of them. 1915, c. 16, s. 238. REPEAL AND AMENDMENT. 361. The council may repeal or amend any bylaw except Repeal and where the same has received the assent of the burgesses of bylaws the city, and in such ease only when the repeal or amendment of the bylaw is similarly assented to by the said burgesses: 1218 Cap. 86 CITIES Provided that no bylaw relating to the procedure of the council when in session shall be repealed, amended or sus- pended except as far as the terms thereof shall themselves permit unless : 1. By bylaw unanimously passed at a regular or special meeting of the council at which all the members thereof are present ; or 2. By a bylaw passed at a regular meeting of the council in pursuance of a notice in writing given and openly announced at the next preceding regular meeting of the council, setting forth the terms or substantial effect of the proposed bylaw. 1915, c. 16, s. 239. Petition for submission ol bylaw PETITTOlSr FOE SUBMISSION. 363. When one-third of the resident ratepayers whose names appear on the last revised assessment roll petition thc^ council for the submission to the electors of a bylaw on any question concerning a matter within the legislative jurisdic- tion of the council, a bylaw in accordance with the request of the petitioners shall be introduced by the council within four weeks after presentation of the petition, shall be adver- tised in some newspaper published in the city in at least one number of such paper each week for two successive weeks, and shall be finally passed by the council within four weeks of the voting thereon in case the bylaw receives the approval of the electors as required by this Act. 1915, c. 16, s. 2,40; 1916, c. 18, s. 16. Passing, etc., of bylaw PASSING,, TESTING AND PROOF OF BYLAWS. 263. Every bylaw under this Act shall be under the seal of the city, and shall be signed by the mayor or other person who presided at the meeting at which the bylaw was finally passed and by the city clerk ; and every bylaw shall have three distinct and separate readings before it is finally passed; but not more than two readings shall be had at one meeting of the council except by the unanimous vote of the members present thereat. 1915, c. 16, s. 241, Evidence of 364. A copy of any bylaw written or printed and under the seal of the city and certified to be a true copy by the mayor or city clerk shall be received as prima facie evidence 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 city clerk has been forged. 1915, c. 16, s. 242. Printed copies as evidence 365. Printed documents purporting to be printed copies of any or all bylaws passed by the council, and purporting to CITIES Cap. 86 1219 be printed hj the authority thereof, shall be admitted as prima facie evidence in all courts in this province of such bylaws and of the due passing thereof, 1915, c. 16, s. 243. 366. No bylaw passed by a city previously to the coming ^f''|i^['^»j^°° into force of this Act shall be held to be invalid merely because it was beyond the legislative jurisdiction of the council at the time it was enacted, if it conforms to the pro- visions of this Act; and every such bylaw shall, if otherwise legal and operative, be deemed valid and binding according to its purport. 1916, c. 18, s. 17. PART V. Voting on Bylaws. 267. In this part unless the context otherwise requires : interpretation (a) "bylaw" includes a resolution and a question upon which the opinion of the electors is to be obtained ; (6) "electors" means the persons entitled to vote at the municipal elections, except in the case of a money bylaw or other bylaw upon which only the burgesses can vote, in which case it means the burgesses. 1915, c. 16, s. 244. 368 (1) In case a bylaw requires the assent or is sub- Procedure mitted to obtain the opinion of the electors, before the final passing thereof, the following proceedings shall, except in cases herein otherwise provided for, be taken. (2) The council shall, by a separate bylaw hereinafter Procedure called the procedure bylaw, fix the day and hour for taking the votes of the electors and the places in the city where polls shall be opened. The day appointed shall be not less than three, nor more than five, weeks after the first publication of the notice hereinafter mentioned. (3) The city clerk shall, unless the council otherwise city^cierk specially provides, be by virtue of his office returning officer returning and shall appoint such deputy returning officers, poll clerks, constables and other officials as may be necessary, and do all such acts as may be required for taking the votes of the electors in conformity with the provisions of this Act. (4) The council may, by the procedure bylaw, appoint Appj>i^";™_^ent a returning officer other than the city clerk and such number officers of deputy returning officers as may be expedient for the purpose of taking the votes of the electors and such returning officer and deputy returning officers shall have and be sub- 1220 , Cap. 86 , cities ject to the like powers, authorities, duties and liabilities as returning officers and deputy returning officers in the case of an election under this Act. J^a^uT'^*" (5) A proposed bylaw may be submitted on the day of the election auuual election, and, where it is so submitted, the procedure bylaw shall provide that the voting shall take place at the same time and at the same places as the annual election, and it shall not be necessary to appoint a separate returning officer or separate deputy returning officers to take the vote. Counting votes ^q^ rj^j^^ couucil shall by the procedure bylaw fix a time when and a place where the returning officer shall sum up the number of votes given for and against the proposed bylaw, or in the affirmative and the negative on the question sub- mitted, and a time when the mayor will be in his office for the appointment of persons to attend at the various polling places and at the final summing up of the votes by the return- ing officer on behalf of the persons respectively interested in promoting or opposing the passing of the bylaw respectively, or voting in the affirmative or negative on the question. (7) Where two or more bylaws are to be submitted on the same date, it shall be sufficient to pass one procedure bylaw applying to all the bylaws submitted. 1915, c. 16, s. 245; 1919-20, c..23, s. 10. Publication 369 (1) The council shall advertise in at least one newspaper published in the city a notice signed by the city clerk, giving a correct statement of the question to be submit- ted, or, in case of a bylaw, a concise statement of its object ; the time and place for the appointment of persons to attend at the polling places and at the final summing up of the votes by the returning officer ; and also the time for taking the vote, and the number and position of the polling divisions. (2) In case of a money bylaw the statement above men- tioned shall show the amount of the debt or liability to be created or the money to be raised, how the same is to be payable, and the amount to be raised annually for payment of the debt and interest, or the instalments if the debt is to be paid in instalments. (3) In case of a bylaw granting a special franchise as defined by this Act, the proposed bylaw shall be published in full. 1915, c. 16, s. 246. Advertisement 370. Such uoticc shall bc advertised once a week for three successive weeks, and the returning officer shall also post up a printed copy of such notice at ten or more conspicuous places in the city. 1915, c. 16, s. 24Y. Statement by 371. To cach copv SO published and posted shall be officer appended a notice over the printed signature of the returning officer statins; that the above is a correct statement of the CITIES Cap. .86 1221 question submitted or a correct summary of a proposed bylaw which has been introduced and may be finally passed by the council, in the event of the assent of the electors being; obtained thereto, within four weeks of the voting' thereon, and that upon the day and at the place or places fixed for taking the votes of the electors the voting thereon will be held between the hours of 9 a.m. and S p.m. 1915, c. 16, ». 248. 273. Where more money bylaws than one are to be sub- ^"('nc «" mitted at the same time, summaries of all or any number of »^>ia">* them may be included in one notice sig;ned by the city clerk as required by section 269. In such case only one notice, signed by the returning officer as required by section 271. need be appended thereto, which notice may refer in general terms to all the bvlaws summarised. 191."), c. 16. s. 249. 373. Where a bylaw requires the assent of burgesses c<'rporatioa before the final passing thereof, any bank or other financial or commercial corporation assessed on the last revised assess- ment 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 otficer of such corporation. 1915, c. 16, s. 250; 191Y, c. 11, s. 8. 374. Forthwith after the day has been fixed as aforesaid baUot'"^ for taking the votes of the electors, the returning officer shall p^p^" cause to be printed at the expense of the city such a number of ballot papers as will be sufficient for the purposes of the Toting. 1915, c. 16, s. 251. 375. At the time named for the purpose, the mayor shall Appoiatment attend at his office, and, if requested, shall appoint by writing J^p'^^^^^"****^*' signed by him two persons to attend at the final summing up '^"""^ of the votes and one person to attend at each polling [A-acv on behalf of the persons interested in promoting the passing of the bylaw or voting in the affirmative on the question and a like number on behalf of the persons interested in opposing the passing of the bylaw, or voting in the negative on the question. 1915, c. 16, s. 252. 376. Before any person is so appointed he shall make and appointee subscribe before the mayor or the returning officer a declara- tion in the following form: I, the undersigned^. B., do solemnly declare that I am an elector (or burgess) of the city of and that I am desirous of promoting (or opposing as the case may be) the passing of the bylaw {here insert object of the bylaw) (or, of voting in the affirmative or in the negative, as the case may 1222 Cap. 86 CITIES he, on the question) to be submitted to the electors {or bur- Production of appoint- ment Substitute gesses) of the said city on the (Signature) Declared before me this 1915, c. 16, s. 253. day of 19 A. B., day of 19 C. D., Mayor, or E. F., Returning Officer. 377. 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 deputy returning officer presiding at the poll or the returning officer, as the case may be. 1915, c. 16, s. 254. 378. In the absence of any person authorised as aforesaid to attend at the polling place for the final summing up of the votes any elector in the same interest as the person so absent may, upon making and subscribing before the deputy return- ing officer or the returning officer, a declaration in the follow- ing form, be admitted to the polling place to act for the per- son so absent: I, the undersigned A. B., do solemnly declare that I am an elector {or burgess) of the city of and that I am desirous of promoting {or opposing as the case may he) the passing of the bylaw {here insert object of the bylaw) {or, of voting in the affirmative or in the negative, as the case may he, on the question) to be submitted to the electors {or bur- gesses) of the said city on the day of 19 _ (Signature) A. B., Declared before me this day of 19 .. C. D., Deputy Returning Officer. Form of ballot in case of bylaw 1915, c. 16, s. 255. 379. The ballot following form: paper shall in case of a bylaw be in the Voting on bylaw to {here in- sert object oj the byiaw), submitted to the electors {or burgesses) of the city of this {dale) FOR THE BYLAW. AGAINST THE BYLAW. 1915, c. 16, s. 256 CITIES Cap. 86 1223 380. The ballot paper shall in case of a question be in the Form of following form ballot in case of a question ■ ^ ^ 1— t ^^ : o a •S YES. • -2 S ■ a> -P a ex ■ S ^ . ^ 60 CO ■ c-- NO. . .►.> -c . o • > 1915, c. 16, s. 257. 281. During the time appointed for polling no person Present at shall be entitled or permitted to be present in any polling place other than the officers, clerks and persons or electors authorised to attend as aforesaid at the polling place. 1915, 258. 16, s. 383. The provisions of sections 138, 139 and 140 respec- Certain -, . ... 11 sections to tivelj shall apply^ mutatis mutandis, to voting on a bylaw, apply 1915, c. 16, s. 259. 383 — (1) The returning officer before the poll is opened ^"t^'-^' i'«t« shall deliver to the deputy returning officer for every ward or polling subdivision a voters' list containing the names arranged alphabetically of all the electors entitled to vote on the bylaw in that ward or polling subdivision, and a brief description of the property in respect of which each is entitled to vote, and he shall attest the said list by writing under his hand. (2) In case of an elector voting on business or income, the fact shall be noted in the column provided for the descrip- tion of property. 1915, c. 16, s. 260. 384 — (1) Where all the municipal electors are entitled p™»*'°" to vote on the proposed bylaw the same lists shall be used in taking the vote as would be proper voters' lists to be used at a municipal election. Such lists shall be prepared by the assessor and shall be as final and conclusive as to the right to vote as when used at a municipal election. (2) In other cases the lists shall be prepared by the assessor from the last revised assessment roll of the city, but the council may up to the eighth day before the day fixed for voting on the bylaw strike out from the said lists 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 the said roll acquired such qualification. (3) The lists prepared by the assessor shall be certified by him to be true and correct lists of the persons entitled to vote 1224 Cap. 86 CITIES Elector may vote once only Form of poll book ballot Duration Officers' oatha on the proposed bylaw, and shall be handed by him, fifteen days at least before the day fixed for the voting, to the clerk v^^ho shall forthwith post up the same in his office. 1915, c. 16, s. 261. 385. An elector may vote once only upon a bylaw. 1915, c. 16, s. 262. 386. The poll book shall be in the following form : Names of the electors Column for mark indicating that the elector has voted Description of pro- perty in respect of which a bur- gess is entitled to vote m a o « O Sworn or affirmed Refused to swear or affirm • •J \ • 1915, c. 16, s. 263. 38*7. At the day and hour fixed as aforesaid the polls shall be held and the votes shall be taken by ballot. 1915, c. 16, s. 264. 388. The polls shall be kept open from nine o'clock in the forenoon until eight o'clock in the afternoon of the same daj. 1915, c. 16, s. 265. 389. Every returning officer, deputy returning officer, poll clerk, constable or agent authorised to be present at any poll- ing place at the voting on a bylaw shall, before exercising any of the rights or functions of his office, make and subscribe a declaration in the following form : I, A. B., do solemnly promise and declare that at the voting on the bylaw {or question) submitted to the electors (or burgesses) of the city of (the voting on which has been appointed for this day), I will not attempt in any way whatsoever unlawfully to ascertain the manner in which any elector (or 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 elector {or burgess) has voted on the bylaw {or question). Declared before me this day of 10 C. 2?., Justice of the Peace, Returning Officer or Deputy Return- ing Officer. 1915, c. 16, s. 266. CITIES Cap. 86 1225 290. The printed directions to be delivered to the deputy ^''^* returning officers shall be in the following form : rections oters Directions for the Guidance of Voters. The voter will 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 bylaw or in the affirmative on the question, and in the lower space if he votes against the pass- ing of the bylaw, or in the negative on the question. The voter will then fold up his ballot paper so as to show the name or initials of the deputy returning officer signed on the back, and leaving the compartment will without show- ing the front of the paper to any person deliver such ballot so folded to the deputy returning officer and forthwith leave the polling place. If the voter inadvertently spoils a ballot paper he may return it to the deputy returning officer, who will, if satisfied of such inadvertence, give him another. If the voter places on any ballot paper more than one mark or any mark by which he may be afterwards 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 will not be counted. If a voter takes a ballot paper out of the polling place or deposits in the ballot box any ballot paper not given to him by the deputy returning officer, he will be subject to imprisonment for any term not exceeding six months with or without hard labour. In the following form of ballot paper given for illustra- tion, the voter has marked his paper in favour of the passing of the bylaw : 5- X <» ^ o « o ^'^^ (V FOR THE BYLAW X AGAINST THE BYLAW 1915, c. 16, s. 26.7. 1226 Cap. 86 cities Oath of 391. — (1) Every elector tendering a vote on the bylaw may be required by the deputy returning officer^ or by any elector entitled to vote on the bylaw who may be present in the polling booth, 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 have not voted before on the bylaw ; That you are according to law entitled to vote on this bvlaw ; - That you have not directly or indirectly received any reward or gift nor do you expect to receive any for the vote which vou now tender ; That you are the person named {or intended to be named) in the voters' list (sliotuing 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 bylaw or for loss of time, travelling expenses, hire of team or any other service connected there- with ; 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) In case the bylaw has been submitted for the approval - of the burgesses, there shall be added to the above oath the following clause: 'That you are a freeholder in your own right." (3) "No inquiry shall be made of any voter except with respect to the facts specified in the above oath or affirmation. 1915, c. 16, s. 268. Oath on behalf 393. — (1) The chicf resident officer of any corporation of corporation .^^ iii i -iiii tendering a vote on the bylaw may be required by the deputy returning officer or by any burgess present in the polling booth 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 city ; That you have not cast any vote on the bylaw on behalf of the corporation ; That you are according to law entitled to vote on the bylaw as chief resident officer of the said corporation ; 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 CITIES Cap. 86 1227 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 bylaw 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 such voter except with respect to the facts specified in the oath or affirmation. 1915, c. 16, s. 269. 393. The written statement to be made by every '^^'^P^^^y J^eputy returning officer at the close of the polling shall be made officer's under the following heads: 1. Name or number of ward or polling subdivision and date of voting; 2. Number of votes for and against the bylaw, or in the affirmative and negative of the question; 3. Kejected ballot papers. 1915, c. 16, s. 270. 294. The deputy returning officer shall take a note of any objections objection made by any person authorised to be present to any ballot paper found in the ballot box, and shall decide any question arising out of the objection; each objection to a ballot paper shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialed by the deputy returning officer. 1915, c. 16, s. 271. 295. Every deputy returning officer at the completion of <^^""°t the counting of the votes shall, in the presence of the persons authorised to attend, make up into separate packets, sealed with his own seal and the seals of such persons authorised to attend 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 voting, the name of the deputy returning officer and of the ward or polling subdivision: 1. The statement of votes given for and against the bylaw, or in the affirmative and negative of the question, 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; 4. The rejected ballot papers; 1228 Cap. 86 CITIES 5. The spoiled ballot papers; 6. The unused ballot papers; 7. The voters' list and poll book with the oath in the form prescribed by section 169 annexed thereto, a statement of the number of electors whose votes are marked by him under sections 156 and 157 with their declaration of inability, and the note taken of objections made to ballot papers found in the ballot box. 1915, c. 16, s. 272. Re*^"""" 396. — (1) Every deputy returning officer shall at the close of the poll, certify under his signature on the poll book in full words the total number of electors who have voted at the polling place at which he has been appointed to preside; and, before placing the voters' list and poll book in their proper package as aforesaid, he shall make and subscribe before a justice of the peace or the poll clerk his declaration ^ ■ under oath that the voters' list and poll book were used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made. The declara- tion shall be in the form prescribed by section 169, and shall thereafter be annexed to the voters' list. (2) The deputy returning officer shall then forthwith return the ballot box to the returning officer and he shall at the same time deliver to the returning officer the sealed packets and a duplicate statement of the votes given for and against the bylaw, or in the affirmative and negative of the question, and of the rejected ballot papers, signed by him and certified to be correct. 1915, c. 16, s. 273. Certificate of 397. Everv dcputy returning officer, upon being requested so to do, shall deliver to the persons authorised to attend at the polling place a certificate of the number of votes given at the polling place for and against the bylaw or in the affirmative and negative of the question, and of the numl>er of the rejected ballot papers. 1915, c. 16, s. 274. Summary by returning ofiBcer 398. The returning officer, after he has received the ballot papers and the statements before mentioned of the number of votes given in each polling place, shall, at the time and place appointed by the bylaw, in the presence of the persons authorised to attend or of such of them as may be present, without opening any of the sealed packets of ballot papers, sum up from such statements the number of votes for and against the bylaw, or in the affirmative and negative of the question, and shall then and there declare the result, and shall forthwith certify such result to the council under his hand whether the majority of the electors voting upon the bylaw have approved or disapproved of the bylaw or have voted in the affirmative or negative of the question. 1915. c. 16, s. 275. CITIES Cap. 86 122^ ote 399. Every officer, clerk and person in attendance at a Secrecy polling place shall maintain and aid in maintaining the secrecy of the voting at the polling place. 1915, c. 16, s, 276. 300. All the provisions of section 194 prohibiting the section 194 doing of any act or making it an offence against this Act, "^^^'^ and prescribing penalties therefor, applicable to municipal elections, shall apply mutatis mutandis to the voting on a bylaw whether the submission is optional with or compulsory upon the council. 1915, c. 16, s. 277, 301. Within two weeks after the returning officer has Scrutiny declared the result of the voting on a bylaw, any person who was entitled to vote thereon may apply for a scrutiny of the votes to a judge after giving notice of the application to such persons as the judge directs, and if it appears by affidavit that there are reasonable grounds for the application and if the applicant enters in a recognisance 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 application with effect and to pay any costs which may be adjudged to any persons against the applicant, the judge may order a scrutiny of the votes to be had and shall in such case appoint a day and place for entering upon the scrutiny. 1915, c. 16, s. 278. 302. 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. 1915, c. 16, s. 279^; 303. At the time appointed the returning officer shall "dg""^ '"'^ 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 counsel, shall, in a summary manner, determine whether the required majority of votes was or was not sriven for the bvlaw and shall forthwith certify the result to the council. 1915, c. 16, s. 280. 304. The judge upon such scrutiny shall possess the like j^°dg"generai power and authority as to all matters arising upon the scrutiny as he possesses 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 who may apportion the same as to him seems just. 1915, c. 16, s. 281. 305. — (1) Where a proposed bylaw which the council ^^f|jj* has been legally required by petition or otherwise to submit for the assent of the electors has received such assent, it shall be the duty of the council to pass the bylaw within four weeks after the voting takes place. 1230 Cap. 86 CITIES (2) In other cases it shall not be incumbent on the council to pass the bylaw, but if the council determines to pass it, it shall be passed within four weeks after the voting takes place. (3) The bylaw in either case shall not be passed until the expiration of two weeks after the result of the voting has been declared, nor, if within that period an order for a scrutiny has been made, until the result of the scrutiny has been certified by the judge. (4) The time which intervenes between the making of an application for a scrutiny and the final disposition of it shall not be reckoned as part of the four weeks. (5) The Local Government Board may extend the time for passing a bylaw under either the first or second sub- section (1) or subsection (2), in ca.se such time has been allowed to elapse without the bylaw being passed. 1915, c. 16, s. 282. Certain sections apply 306. All the provisions of sections 141 to 184 shall, so far as not inconsistent with the provisions of sections 268 to 305, apply mutatis mutandis to proceedings under sections 267 to 304. 1915, c. 16, s. 283. Motion to quash PAET VI. Quashing Bylaws. 307. — (1) Any elector of the city may, within two months after the passing of any bylaw or resolution of the council, apply to a judge upon motion to quash the same in whole or in part for illegality; and the judge, upon such motion, may quash the bylaw or resolution in whole or in part, and may award costs for or against the city and determine the scale of such costs. (2) ISTotice of the motion shall be served at least seven clear days before the return day of the motion. (3) The bylaw or resolution may be proved by the pro- duction of a copy thereof certified under the hand of the city clerk and the city seal ; and the city clerk shall deliver such copy upon payment of a fee therefor at the rate of ten cents per folio. (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 recognisance 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 anv costs which may be awarded against the applicant. CITIES Cap. 86 1231 (5) The judge may allow the recognisance upon the sureties making proper affidavits of justification, and thereupon the ■same shall be filed in court with the other papers relating to the motion. (6) In lieu of the recognisance 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 shall be filed in court with the other papers relating to the motion. (7) Upon the determination of the proceedings the judge may order the money paid into court to be applied in pay- ment of costs or to be paid out to the applicant. (8) All moneys required to be paid- into or out of court Tinder this section shall be paid in or out in like manner as moneys are paid into and out of court in actions pending in the said court. (9) Any bylaw which has been procured to be passed through or by means of any violation of the provisions of sections 3 and 4 of The Controverted Municipal Elections Act ;may be quashed upon an application made in conformity with the provisions herein contained. 1915, c. 16, s. 284. 308. In case no application to quash a bylaw is made validation within tw^o months next after the final passing thereof the " ^"* bylaw 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. 1915. c. 16, s. 285. money PART VII. Money Bylaws. DEBENTUEE DEBTS. 309. Subject to the limitations and restrictions contained Borrowing in this Act, a council may borrow money for the purposes •of the corporation, whether under this or any other Act, and may issue debentures therefor. 1915, c, 16. s. 286. 310. Bylaws for contracting debts not pavable within the Debentures •current year shall provide for the issuing of debentures and the levying of annual rates for the payments of such debts. 1915, c. 16, s. 287. 311. The amount of the debenture debt of the citv at anv Li'i'itation Tin 1 ' !• 1 ' of amount time outstanding shall not exceed twenty per cent, of the total amount of the assessment in respect of land, businesses, income and special franchises, exclusive, however, of: 1232 Cap. 86 CITIES (a) debentures issued under powers conferred by The Munici'pal Public Worhs Act prior to the twenty- fourth day of June, 1915 ; (&) debentures issued under the authority of The Secondary Education Act; (c) debts incurred for local improvements to the extent to which the amounts are secured by special assess- ments ; (d) debts contracted for the construction or mainte- nance of a street railway. 1915. o.. IS, 2 288. Calculation of amount of debt Contents of bylaw Time of taking eHect 313. The amount of any funds or securities held by the city to the credit of a sinking fund shall be deducted in calculating the total amount of the debenture debt of the city at any time outstanding. 1915, c. 16, s. 289. 313. The bylaw 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; (h) the period over which the indebtedness is to be spread and the amount of the instalment to be paid in each year, 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 city accord- ing to the last revised assessment roll ; (e) the amount of the existing debenture debt of the city and how much, if any, of the principal or interest thereof is in arrears; (/") that any consent of the Commissioner of Public Health required by The Public Health AH has been obtained. 1915, c. 16, s. 290. 314. The bylaw shall name a day when it is to take effect which day shall be not more than three months after the day on which the voting is to take place; and if no day is named in the bylaw it shall take effect on the day of the final passing thereof."' 1915, c. 16, s. 291. Optional mode of payment DEBENTUKES. 315. — (1) The bylaw may provide that the indebtedness shall, as the council may deem expedient, be payable either : (a) in such manner that the principal shall be repay- able at the end of the period of years during which CITIES Cap. 86 1233 the debentures are to run, together with interest on such debentures to be paid annually or semi- annually as the council may by the bylaw provide ; (&) in such manner that the principal and interest shall be combined and be made payable in, as nearly as possible, equal annual instalments durine; the period for which the debentures have to run ; (c) in such manner that, without combining the prin- cipal and interest the instalments of principal shall be of such amounts that, with the interest, payable annually or semi-annually the aggregate amount payable for principal and interest in each year shall be as nearly as possible the same; (d) in such manner that the principal shall be repaid in equal annual instalments, with interest annually or semi-annually upon the balances from time to time remaining unpaid. (2) In case the indebtedness is to be payable in the manner set out in clause (a) of subsection (1), the bylaw shall provide for raising each year during the currency of the debentures: (a) a specific sum sufficient to pay the interest on the debentures when and as it becomes due ; (b) a specific sum which, with the estimated interest, at a rate not exceeding four per cent, per annum, capitalised yearly, will be sufficient to pay the principal of the debentures when and as it becomes due. (3) In the cases set forth in clauses (&), (c) and (d) of subsection (1), the bylaw shall provide for the raising in each year in which an instalment falls due of a specific sum to pay both principal and interest when and as they become due. 1915, c. 16, s. 292. 316. — (1) The bylaw may provide that the debentures Debentures \ -^ ^ i/ I and coupoits and coupons shall be payable in lawful money of Canada payable in or in sterling money of Great Britain, or in gold coin of the United States of America as provided by The Currency Act, 1910, or as to part thereof in one and part thereof in the other of the said moneys of equivalent value, and may be made payable at any place or places in Canada, Great Britain or the United States of America or elsewhere; the equivalent value of the said moneys shall bo the value provided in The Currency Act, 1910. (2) Any bylaw authorising the issue of debentures for a certain amount with interest in lawful money of Canada shall be taken to authorise the issue of debentures, or anv 1234 Cap. 86 CITIES of them, according to the provisions of this section, unless such bylaw provides that the provisions of this section shall not apply to such bylaw. 1915, c. 16, s. 293. Change in mcxle of issue •f debentures Changing the rate of interest Borrowing additional 317. In the case of a bylaw heretofore or hereafter passed, the council may by bylaw, without the assent of the electors, authorise a change in the mode of issue of the debentures, or in the place or places where the same are payable or both ; and may provide that the debentures be issued with coupons instead of in amounts of combined principal and interest or vice versa; or may change the interest from annual to semi- annual or vice versa; or provide that the debentures may be issued in a diiferent currency or may be in different amounts from those authorised by the original bylaw ; and where any debentures issued under a bylaw have been sold, pledged or hypothecated the council, upon again acquiring them, or at the request of any holder of them, may by bylaw without such assent authorise the cancellation of the same and the issue of one or more debentures in substitution therefor, and may make such new debentures payable by the same or a diiferent mode and at the same or a different place or places or provide that the interest shall be changed from annual to semi-annual or vice versa; or may provide that they may be issued in a diiferent currency or may be in diiferent amounts from those of the original debentures: Provided that neither the period over which the indebted- ness was originally spread nor 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 debentures does not exceed the amount of the principal remaining owing upon the original debentures. 1915, c. 16, s. 294. 318. When in the opinion of the council, with a view to- the I^etter marketing of the city's securities, it is desirable that the debentures authorised bv a monev bylaw bear a rate of interest differing from the rate specified in the bylaw, the council may, with the approval of the Local Government Board which is hereby authorised to give such approval, and without submitting the same to the electors, pass a bylaw to- amend the first mentioned bylaw by providing for a diiferent rate of interest and for a corresponding change in the amount to be raised annually, 1915, c. 16, s. 295. 319. Where a city has heretofore constructed, purchased or acquired, or hereafter constructs, purchases or acquires (1) gas, electric light, power or water works or works for the development of a water power for gonorating. or Avorks for producing, transmitting or distributing electrical power or energy, or (2) sewerage works or works for the interception, purification or disposal of sewage, at the expense of the CITIES Cap. 86 1235 corporation at large, the council may pass bylaws for bor- rowing such further sums as may be necessary to extend or improve such works or to meet the cost of extensions or improvements already made: (a) any such bylaw shall not require the assent of the electors if it is passed by a vote of three-fourths of all the members of the council and is approved by the Local Government Board ; (h) such approval may be given if it is shown to the satisfaction of the board that the extension is necessary, and that a sufficient additional revenue will be derived therefrom to meet the annual pay- ments in respect of such debt and the interest thereon, or in the case of the extension or improve- ment of sewerage works or works for the inter- ception, purification or disposal of sewage, that such extension or improvement is approved of by the Commissioner of Public Health. 1915, c. 16, s. 296. SUBMISSION OF DEBENTURE BYLAWS TO MINISTER. 330 — (1) The council of any city, which has heretofore Application I)assed or shall hereafter pass, under the authority of this o7deben"ture or any other Act, a bylaw for contracting a debt or incurring ^^'^"^ a liability or for borrowing money, may apply to the ministei for a certificate approving the bylaw. (2) IvTo certificate shall be granted while any action or Certiff 1 • 1 • 1 1 c council which may be required by any stock exchange in reference to the securities herein referred to and to their issue and to the listing thereof, and may pay any governmental duty or tax in respect thereof. 1915, c. 16, s. 324. 349 — (1) Where a consolidated bylaw has been approved g/'J^n^^^r under the provisions of section 320 the minister may, upon application of the city council, issue a certificate as to the validity of the whole issue of stock thereunder, and may countersign any stock issued or which may thereafter be issued under the authority of the bylaw, and such certificate or countersigning by the minister shall be conclusive evidence of the validity of such stock, and the legality of the issue of such stock shall be thereby conclusively established and its validity shall not be open to question in any court. (2) Such stock so countersigned shall be valid and bind- ing upon the city and upon the property held for the rate imposed by or under the authority of the bylaw, and the sig- nature of the minister may be written or stamped on the stock certificate. 1915, c. 16, s. 325. 1244 Interest and sinking fund accounts Disposal of surplus Cap. 86 CITIES PART IX. Municipal Finance. ACCOUNTS AND INVESTMENTS. 350. The treasurer shall keep in his books two separate accounts of every debt, one for the interest and the other for the sinking fund or for instalments of principal, both to be distinguished from all other accounts by a prefix designating the purpose for which the debt was contracted ; and he shall keep the said accounts so as to exhibit at all times the state of every debt and the amount of money raised, obtained and appropriated for payment of it. 1915, c. 16, s. 326. 351. If, after paying the interest of a debt for any finan- cial year, and appropriating the necessary sum to the sinking fund of such debt or in payment of the instalments of prin- cipal, there is a surplus properly applicable to such debt, it shall so remain until required in due course for the payment of interest or for the sinking fund or in payment of the principal. 1915, c. 16, s. 327. No diversion 353. No moucy Icvied and collected for the purpose of fund a sinking fund shall be applied towards paymg any part ot the current or other expenditure of the city. 1915, c. 16, s. 328. Use of excess interest on sinking fund Liability for diversion 353. Notwithstanding anything herein contained, if after paying the interest of a debt for the financial year preceding the year in which the application hereinafter men- tioned is made, and paying the necessary sum into the sink- ing fund account up to the thirty-first day of December of that year, the city has received and receives during the cur- rent year interest on or earnings of its sinking fund invest- ments in excess of interest at the rate required by section 315, the Local Government Board may, on the application of the council and on such terms and conditions as may be deemed advisable, authorise the council to use such excess interest or earnings for current or other expenditures: Provided, however, that the current year's levies for sink- ing fund purposes shall not be used to cover any deficiency in the sinking fund account for the previous year. 1919-20, c. 23, s. 11. 354. — (1) Subject to the provisions of section 353, if the council applies any of the said money for current or other expenditure, the members who vote for such application shall be personally liable for the amount diverted, and the same may be recovered by the city by action against them in any court of competent jurisdiction. CITIES Cap. 86 1245 (2) If the council, upon the request in writing of a rate- payer, or of a holder of any of the (lebentures the sinking fund for payment of which has been diverted, refuses or neglects for one month to bring an action therefor, the action may be brought either by any ratepayer on behalf of himself and other ratepayers or by any holder of debentures the sinking fund for payment of which has been diverted. (3) The members of the council who vote for such appli- cation shall be disqualified from holding any municipal office for two years. 1915, c. 16, s. 329 ; 1916, c. 18, s. 18 ; 191T, c. 11, s. 11. 355. — (1) The treasurer shall prepare and lay before th(^ J^^^'^^^'j'^Yate. council each year before the striking of the annual rate, a'nent statement showing what amount will be required to be raised for sinking fund during the year. (2) For every contravention of this section the treasurer shall incur a penalty not exceeding $25. 1915, c. 16, s. 330. 356. If the council neglects in an\ vear to lew the Neglect o . ' . *^ ,' to levy sink- amount required to be raised for a sinking fund, or lor the ing fund instalment necessary for the payment of a debenture debt each member of the council shall be disqualified from holding any municipal office for the next two years ; but no member shall be liable to the penalty hereby imposed who shows to the satisfaction of the judge that he made reasonable efforts to procure the levying of the said amounts. 1915, c. 16, s. 331. 357. In case at any time there is a deficiency in the sink- ^^''^|'"'*' '° ing fund account of the city, the council may pass bylaws f"'''^ providing for the issue of debentures, and for levying rates for payment thereof upon the general rateable property in the city, without the assent of the burgesses, for the purpose of making good the deficiency ; and the proceeds of any debentures issued for such purpose shall be allocated to the sinking funds of the various issues to which they may be properly applicable. 1915, c. 16, s. 332. 358. — (1) Subject to the provisions of sections 361 '"in^ gi^^'^n "'*''* "' 376, the council shall from time to time invest the sinkini>fund fund in any stock debentures or securities of the Govern- ment of Canada or of any province of Canada, or any deben- tures or securities the payment of which is guaranteed by the Government of Canada or of any province of Canada, or in the debentures of any municipal corj)oration or school dis- trict in Saskatchewan, or in debentures issued under The Rural Telephone Act, or in local improvement or any other debentures of the city; or in first mortgage of freehold real estate to an amount not exceeding one-third of the sworn 1246 Cap. 86 CITIES cash valuation of an independent appraiser, and from time to time as siich securities mature mav invest in other like securities ; and may invest and reinvest the fund or any part thereof in authorised securities, and sell, assign or transfer the same, and call in and vary the investments for others of a like nature. (2) The council may regulate by bylaw the manner in which such investment shall be made. (3) It shall not be necessary that any of the debentures referred to in this section shall have been disposed of by the council ; but the council may apply the sinking fund, to an amount equal to the amount of such debentures, for the pur- poses to which the proceeds of such debentures are properly applicable; and they shall hold the debentures as an invest- ment on account of the sinking fund, and deal with the sam€ accordingly. (4) The council may direct by bylaw that any surplus moneys in the hands of the treasurer, and not specially appro- priated to any other purpose, shall be credited to the sinking fund account of any debenture debt ; and may invest such sinking fund in any of the securities named in and according to the provisions of this section. (5) No part of the moneys at the credit of the sinking fund account shall be invested in any securities, whether by the council itself or by sinking fund trustees, without the previous approval of the Local Government Board to sucli investment. 1915, c. 16, s. 333 ; 1917, c. 11, s. 12 ; 1918-19, c. 34, s. 13. "Prohibition as to invest- ment 359. No member of the council shall take part in or be a party to the investment of any moneys referred to in section 3,58 otherwise than is therein authorised, and any person so doing shall be held personally liable for am' loss thereby sustained by the city. 1915, c. 16, s. 334. Surplus income from civic TTorks 360. The council may appropriate to the payment of any debt the surplus income derived from any civic work or utility, or from any share or interest therein, after paying the annual expenses thereof, or may so appropriate any unap- propriated money in the treasury 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 fund part of any surplus income arising from any civic work, for the purpose of meeting contingencies which in the opinion of the council may be likely to arise in connection therewith. 1915, c. 16, s. 335. CITIES Cap. 86 1247 ion debentures 361. The counci.1 may by bylaw direct tbat any part of ^j^^^JJ'pP*^ the sinking fund, instead of being invested as herein pro- vided, shall from time to time be applied towards payment or redemption of any of the debentures to which such sinl<- ing fund is applicable, at such value as may be agreed upon between the council and the holders of the debentures. 1915, c. 16, s. 336. 363. — (1) Pending the sale of any debentures authorised debentures by bylaw under this or any other Act or in lieu of selling or disposing of the same, the council may by bylaw authorise the mayor and treasurer to raise money by way of loan on such debentures and to deposit or hypothecate the same for any such loan. (2) The city may give a security for such loan promis- sory notes of the city, treasury bills, temporary debentures or similar forms of obligation, signed by the mayor and treasurer, and each such bill, debenture or obligation shall be valid and binding upon the city according to its tenor. (3) The city may renew all or any portion of such securi- ties at maturity for such further period and on such terms as may be deemed advisable. (4) The proceeds of every such loan shall be applied to the purpose for which such debentures were issued, and should such debentures be subsequently sold and disposed of. the proceeds thereof shall first be applied in payment of the loan ; but the lender shall not be bound to see to the applica- tion of the proceeds of any such loan. 1915, c. 16, s. 337. 363. Where by any bvlaw heretofore or hereafter passed i^"**"^' T" provision is made lor raising a sinking fund to meet the sii^^^'Jis fund debentures to be issued under the authority of the bylaw, the minister city, in each year in which the sinking fund is required to be raised, shall transmit to the minister a return showing whether the sinking fund 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 fund . therefor collected, which return shall be verified by the affidavit or statutory declaration of the mayor and of the treasurer. 1915, c. 16, s. 338. 364. Any city which does not comply with the provisions Penalty of section 363, and the mayor and treasurer thereof, shall be guilty of an offence ; and for every offence each shall incu i- a penalty not exceeding $100 to be recovered with costs of summary conviction. 1915, c. 16, s. 339. 365. No money borrowed for capital expenditure, or in ^rmft ex-^ the hands of the city as capital funds, shall be applied p<^°^'' towards current expense. 1915, c. 16, s. 340. 1248 Liability Penalty Cap. 86 CITIES 366. If the council applies any of the said money for current expense, the mouibers who vote for such application shall be personally liable for the amount diverted, and the same may be recovered by the city by action against them in any court of competent jurisdiction. 1015, c. 16, s. 341. 367. In case any of the said money is applied towards current expense, the mayor and treasurer shall be guilty of an offence; and for every such offence, each shall incur a penalty of not less than $100 to be recovered with costs on summary conviction. 1915, c. 16, s. 342. Sinking fund trustees Fund deposited in bank Payments to trustees Remuneration of trustees Statements by trustees Tenure of office SINKING FUND TRUSTEES. 368 (1) The city may by bylaw provide for the appoint- ment of trustees to take in charge the sinking fund of the city in which case the following provisions shall apply. (2) The sinking fund to redeem the outstanding deben- tures of the city shall, in each year, when received by the treasurer, be deposited by him in some chartered bank, to be designated by the council, to the credit of a special account to be called "The sinking fund account of the city of " and the same shall be invested in the name of the city by three trustees, two of whom shall be appointed by the judge on application by the city, and the third by the council, in such of the securities mentioned in section 358 as the trustees think best. (3) The said trustees may require the treasurer to pay from the funds so deposited such sums as they from time to time require for investment, and all such sums coming into the hands of the treasurer from the temporary investment of the sinking fund shall be applied in the manner and to and for the purposes above mentioned. (4) Each of the trustees shall be paid for his services an amount not exceeding $10 for each meeting held by them, the number of meetings being as many as may be necessary; the council to find office room, all other costs, charges and expenses incliuling cost of repairs, collection of rents, expenses and clerical assistance to be paid from the general funds of the city. (5) The trustees shall, whenever required by the council, give a detailed statement in writing of the said fund and the manner in which the same is invested and in no case shall the moneys to the credit of the sinking fund account be withdrawn without the consent of the said trustees. (6) The trustees appointed under this section shall hohl office until removed therefrom by the council or the jndoe in manner provided for their appointment. 1915, c. 16, s. 343. CITIES C ap. 86 1249 369. The said trustees shall have as full power and Z'ZteL"^ authority to deal with the sinking fund as the council would otherwise have, and in particular they shall have the powers hereinafter set forth, namely: (a) to invest and reinvest the fund in authorised securities, to sell, assign or transfer the same, and to call in and vary the investments for others of a like nature; (b) to collect the money due upon mortgages or other securities in which portions or all of the said fund are invested, and to take such steps as seem proper for enforcing the securities and for the adjustment, compromise or collection of the debts due there- under ; (c) to foreclose mortgages and all parties having any interest in or claim upon the property covered thereby; in which case the title to the property shall be vested in the city with absolute power to sell, transfer, and dispose of the same; (d) to lease, rent, insure or otherwise deal with the property foreclosed ; (e) to sell, assign, transfer and convey property obtained by foreclosure, and to sell under power of sale property mortgaged to the city; provided that conveyances shall be signed by at least two of ^ the trustees in their official capacity ; (/) to sign discharges or part discharges of mortgages and receipts for money paid on account of any claim of the city; provided that such discharges or receipts shall be given in the name of the city but shall be signed by at least two of the trustees. 1915, c. 16, s. 344. 370. The said trustees may, with the consent of the Temporary council given by resolution, when necessary to meet any pay- ment of the sinking fund, borrow sums not exceeding twenty- five thousand dollars ($25,000) from any chartered bank in Canada for a period not exceeding six months, and in security for such temporary loan they may pledge or hypothecate any stock, debentures, mortgages or other securities held by them. 1915, c. 16, s. 345.^ 371. All funds coming into the hands or under the control Sinking fund of the said trustees for the benefit of the sinking fund shall be deposited by them in a separate account in a chartered bank doing business in Canada or in a chartered bank in the city of London, England, to be called the "sinking fund account," and no part of this account shall in any case be withdrawn except upon cheque signed by at least two of 1250 Cap. 86 CITIES the trustees and except for carry ini>' out the said trust and for the due and proper administration of the same. 1915, c. 16, s. 346. Quorum of trusteefl 37^. At all meetings of the said trustees called by the chairman or, in his absence, by either one of the other trustees in the usual way two of the number shall form a quorum, and all acts done for or on behalf of the said trustees by the quorum shall be as effectual as if done by the three trustees. 1915, c. 16, s. 347, Juroh^"''^ 373. Said trustees may purchase any of the debentures, securities stock ov Other securitics of the city. 1915, c. 16, s. 348. Council may require change of investments 374.- — (1) The council may at any time, by resolution, require the trustees not to invest any part of the sinking fund in the manner hereinbefore provided and that the investments already made. be called in and the amounts due thereupon be collected and paid into the sinking fund of the city; and upon such resolution being communicated to the said trustees they shall not make any further investments as aforesaid until rescission of such resolution but shall proceed to call in and realise upon those already made as the same mature. (2) In such case the council shall have no power to with- draw any moneys from said account except as provided in subsection (3) ; provided that such account may be trans- ferred from one chartered bank to another and shall be kept in some chartered bank at compound interest. (3) The sinking fund which shall be to the credit of the city as debentures now outstanding shall mature shall be applied to the payment of the same at the date of such maturity or may be used in the purchase thereof before maturity. 1915, c. 16, s. 349. Trust company 375. -(1) Instead of trustees the council may appoint a trust company approved by the Lieutenant Governor in Council, under the provisions of The Tnist Companies Act, for acceptance by the courts. (2) Such company shall have all the power and authority conferred on trustees by this Act, and all the above provi- sions witli respect to trustees shall apply mutatis mutandis, and as far as applicable to the company. 1915, c. 16, s. 350. Depiisit with Provincial Treasurer DEPOSIT OF SINKING FUND WITH PROVINCIAL TREASURER. 376. — (1) The council may by bylaw provide that the annual amount to be levied on account of the sinking fund shall be paid by the treasurer to the Provincial Treasurer. CITIES Cap. 86 1251 (2) Where siieli provisiou is made the I'roviuciHl Treasurer interest on may receive from the treasurer of the city the annual amounts so levied and allow and credit the city with interest thereon at the rate of four per cent, per annum, compounded yearly, until the time when the debentures to which the sinking fund is api>]icaWe become payable and the sinking fund is required for their redemption. (3) All moneys received by the Provincial Treasurer MoT.ey to under the provisions of this section shall form part of the of consou- consoli dated fund of the province and a statement of the amount at the credit of each city shall be set forth annually in the public accounts of the province. (4) The Lieutenant Governor in Council may from time May be in- to time direct the Provincial Treasurer to invest the amount debentures, at the credit of the city, or any part thereof, as directed by ® **' section 12 of The Treasury Department Act or in the deben- ture? of such city, to redeem which such sinking funds were paid to the Provincial Treasurer. 1915, c. 16, s. '"^51. ST 7. Where a bylaw has been passed under the authority Amount , '^ .-. -r . 1 1 •"' payable into of section 376, the amount payable m any year to the credit sinking fund of the sinking fund which under the provisions of the bylnw treasurer is to be paid to the Provincial Treasurer shall be deemed 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. 1915, c. 16. s. 352 378. Every city the council of which shall hereafter pass Copy byi: d *j * S6nt> to any bylaw under the provisions of section 376 shall within Provincia thirty days after the final passing of the bylaw transmit a duly certified copy thereof to the Provincial Treasurer. 1915, c. 16, s. 353.' PART X. Expropriation and Arbitration. 379. Tn this Part, unless the context otherwise requires : interpretation (a) "land" shall include a right or interest in, and easement over, land; (h~) "owner'' shall include mortgagee, lessee, tenant, occupant, a person entitled to a limited estate or interest in land, a trustee in whom land is vested, a committee of the estate of a lunatic, an executor, an administrator and a guardian. 1915, c. 16, s. 354. 380. In case the council desires to acquire land for any Council may purpose authorised by this Act, the council, if it cann ot acquire land 1252 Cap. 86 CITIES Compensa- tion acquire the land at a fair price by agreement with the owners, may expropriate the same in the name and on behalf of the city. 1915, c. 16, s. 355. • 381. — (1) The council shall make to the owners of land taken by the city in the exercise of any of the powers con- ferred by this Act due compensation therefor, and shall pay damages for any land injuriously affected by such exercise. (2) Such compensation or damages shall be the value of the land taken or the amount of the injury done, as the case may be, less any increased value which the contemplated work may give to the lands of the claimant beyond the increased value common to all the lands in the locality. (3) Any claim for such compensation or damages, if not mutually agreed upon, shall be determined by arbitration under this Act. (4) Where part only of the land of an owner is expro- priated, there shall be included in the award a sum sufficient to compensate him for any damages directly resulting from severance. 1915. c. 16, s. 356. Deposit of plan of land taken Notification to owners Filing clnim Date for ascertaining compensation Claim may be barred 383.- — (1) Before taking any land the council shall deposit with the city clerk plans and specifications showing the land to be taken or used, the work to be done thereon and the names of the owners thereof according to the last revised assessment roll and the records of the proper land titles office. (2) The city clerk shall thereupon cause to be served upon every owner of the land to be expropriated a notice of the intention of the council to proceed with the work or under- taking, and to expropriate the land necessary therefor, of the date of such deposit, and that all claims for compensation for the land so to be taken, with the amount and particulars thereof, must be filed with him within a stated period after the service of such notice. (3) Where the person to be served resides within Saskat- chewan, the time allowed for filing a claim shall be fifteen days after service of the notice. Where the person to be served resides outside Saskatchewan he shall be allowed such time as may be ordered by the judge on application by the city. (4) The date of the deposit of the plans and specifications shall be the date with reference to which the amount of compensation shall be ascertained. (5) If any claimant under this section has not filed his claim within the period 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. 1915. c. 16, s. .857. CITIES Cap. 86 1253 383. Except where the person entitled is an infant, a ^^^^'/.'/J'f lunatic, or of nnsoniid iiiind, a claim for damage'' resulting from his land being injuriously affected shall be made in writing, with particulars of the claim, within one year after the injury was sustained, or after it became known to such person, or within the time limit(Ml by a notice, if any is given, under the provisions of section 384, whichever of these periods shall first ex])ire, and, if not so made, the right to such damages shall l^e forever barred. 1915, c. IG, s. 358; 1918-19, c^ 34, s. 14. 384 — (1) The council may authorise the city clerk to of'compk't^on give notice in a local newspaper of the completion of any municipal work forthwith after the person in charge of the work has given his final certificate. Such notice shall state the last day on which a claim for damages in respect of land not taken hut injuriously affected by the work may be filed with the clerk. (2) The notice shall also state that the owner of such land must file with the clerk within three months after publication of the notice his claim for damages, stating the amount and particulars of such claim, (3) Such notice shall be inserted in three successive issues of a daily newspaper i ulMished in the city, if any; otherwise in such issues oi' :; . .-ekly paper there published, and the date of the first pub!! ation of such notice shall be the date in respect of which the damages shall be ascertained. (4) Any claim not made within the period limited shall be forever barred, unless upon application to a judge of the Court of King's Bench, made not later than one year from the publication of the notice, and after seven days' notice to the city, the judge allows the claim to be made. (5) ISTothing in this section contained shall revive a claim which has been barred by effluxion of time under the provi- sions of section 3S3. 1015, c. 16, s. 359; 1918-19, c. 34, s. 15. 385. In the case of an infant, a lunatic or a person of j^fa'^g "^eto unsound mind, a claim for damages may be made within one year, or within one year after he ceased to be under the disability, whichever shall be the longer, or in case of his death while under disability within one year after his death. and, if not so made, the right to compensation shall be for- ever barred. 1915, c. 16, s. 360. 386. The provisions of sections 383. 384 and 385 shall Easements not apply where an ex]n-opriating bylaw ])rovides for acquir- ing an easement or right in the nature of an easement, and the damaaes arise from the exercise of such easement or right. 1915, c. 16, s. 361. 1254 Cap. 86 CITIES Compensatiou appurtenant to land Owner unknown Payment into court where person not absolute Payment into court on refusal to execute transfer Interest Vesting order Compensa- tion and damages stand in lieu of land Distribution of moneys paid into court 387. A claim for compensation for lands taken or damages in respect of lands injuriously affected shall be deemed appurtenant to the land, and shall pass by any transfer or conveyance thereof. 1915, c. 16, s. 362. 388. — (1) If the owner of the land is absent from Sas- katchewan, or is unknown, or cannot be found, or if there is no person competent to contract with the city for the sale and conveyance of the land, the judge may, on the application of the city appoint a person to act for the owner, and all acts done, contracts made, and conveyances executed by such person, shall be as valid and effectual as if the same were done, made or executed by the owner, and he were of full age and competent to do the act, make the contract or execute the conveyance. (2) In case any person acting as aforesaid has not the absolute estate in the property, the city shall pay the amount to be paid in respect of such property as a judge shall direct into court, and the city shall not be bound to see to the application of any sum so paid. 1915, c. 16, s. 363. 389. If any person to whom compensation or damages are payable refuses to execute the proper transfer, discharge or other instrument, or if it is made to appear to the judge that for any other reason it is proper that the compensation or damages should be paid into court, the judge may give leave to the city to make such payment into court. 1915, c. 16, s. 364. 390. In every case in which leave is given to pay money into court, the judge may, in his discretion, order the city to pay in addition six months' interest on the amount of the compensation or damages at six per cent. 1915, c. 16, s. 365. 391. In every case in which compensation for lands taken has been paid into court, the judge, on the application of the city, may grant an order vesting in the city the absolute title to the lands in respect whereof such payment in has been made. 1915, c. 16, s. 366. 393. The compensation or damages which may be agreed upon or awarded for land taken or injuriously affected shall stand in the stead of such land and shall be subject to the limitations and charges, if any, to which the said lands were subject ; and any claim to or incumbrance upon the said lands or to or upon any portion thereof, shall, as against the city, be converted into a claim to the money so agreed upon or awarded, or to a like proportion thereof. 1915, c. 16, s. 367. 393 (1) Where compensation or damages in respect of lands taken or injuriously affected are paid into court, the citv clerk shall insert a notice, in such form and for such time CITIES Cap. 86 1255 as a judge may direct, in a newspaper of the city, calling upon persons entitled thereto 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. (2) 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 distribu- tion, payment or investment of the money, and for securing the rights of all persons interested therein, as may be necessary. (3) The costs of the proceedings including allowances to witnesses, shall be paid by the city or by such person as the judge may direct. (4) If an order for distribution is obtained in less than three months from the payment into court the judge may direct a proportionate part of the interest, if any, to be returned to the city. (5) The payment into court shall discharge the city from all liability in respect of the compensation. 1915, c. 16, 8. 368. 394. — (1) The council, in all cases where claims for bonder compensation or damages are made against the city, which, under the provisions of 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 the person making such claim such amount as they consider proper compensa- tion for the land taken or injuriously affected. (2) In the event of the nonacceptance by the claimant of the amount so tendered and of 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 city and set off against any amount awarded against it. 1915, c. 16, s. 369. 395. Where the compensation or damages have not been Arbitration agreed upon, the amount thereof shall be determined by the award of an arbitrator appointed by a judge of the Court of King's Bench upon motion made to him by either party. 1915, c. 16, s. 370. 396. — (1) The judge making such appointment may Arbitrator', prescribe the fees to be paid to the arbitrator. ^*^^ (2) In the absence of an order or direction of the judge, the fees to be paid to the arbitrator shall be as follows: 1256 Cap. 86 CITIES Oath Particulars of claim delivered Refusal of certain evidence Effect of reference Costs For every meeting where the arbitration is not proceeded with, but an enlaraonicnt or postponement is made at the request of either party, $5 ; For every day's sitting to consist of not k\ss than six hours, $30; For everv sittino- not extending to six hours (fractional parts of hours being excluded) where the arbitration is actually proceeded with, for each hour occu])ied, $5 ; (3) In addition to the above fees, a judge of the Court of King's Bench may, on the application of the arbitrator, allow to the arbitrator a fair and reasonable sum for his care, pains and trouble and his time expended in consideriug the evidence, examining legal authorities and drawing up his award, as well as in taking a view of the ground where such view has been found necessary- or has been asked for by the parties. 1915, c. 16, s. 371. 39t (1) The arbitrator, before proceeding with the reference, shall take and subscribe the following oath: I, A. B., swear {or affirm) that I will well and truly try the matters referred to me by the parties, and a true and impartial award make in the premises, according to the evidence and my skill and knowledge. (2) The omission of an arbitrator to take the oath shall not affect the validity of the award unless before the refer- ence is begun objection is made to its being proceeded with on that account. 1915, c. 16, s. 372. 398.— (1) In the case of a claim for damages for injuri- ously affecting land, the claimant before the taking of evidence is begun, shall deliver to the city and file with the arbitrator, particulars of his claim. (2) The arbitrator shall have the same power to amend the claim or the particulars as a court would have in an action. 1915, c. 16, s. 373. 399. The arbitrator in his discretion may refuse to hear further evidence of a cumulative character upon any matter or question. 1915, c 16, s. 374. 400. The reference of nnv such claim to arbitration shall not be deemed 'to ho an admis-^ion of anv liability on the part of the city; and all defences and objections shall be open to either party as if an action had been brought. 1915, c. 16, s. 375. 401. The arbitrator mav award the payment bv any of the parties to the otluM- of the costs of the arbitration or of any portion thereof, and mav direct the scale on which such costs shall 1)0 taxed, in which case the costs shall be taxed CITIES Cap. 86 1257 by the officers of the court without any further order; and the amount so determined shall be payable within one week after taxation. 1915, c. 16, s. 376. 402. — (1) In case of an award under this Act, the arbi- ^(ff,nce trator shall take and shall file with the award full notes of ^°^ ^'^^ the oral evidence given on the reference, and also all docu- mentary evidence so given or a copy thereof; and in case he proceeds partly on a view or upon any knowledge or skill possessed by him he shall also put in writing a statement thereof. (2) Notwithstanding anything herein contained either party to the reference may require that the evidence shall be taken in shorthand, in which case it shall be so taken unless otherwise ordered bv the arbitrator. (3) Where the evidence is taken in shorthand, the exami- nation may be taken down by question and answer and the practice of the court as to such examination, the depositions, proof of the depositions and office copies of the same shall apply to such examination. (4) The arbitrator shall file the award, and the evidence as above mentioned, with the clerk of the court, accompanied by a certificate showing the number of hours occupied at each sitting and the date of and the fees charged by him for each sitting. 1915, c. 16, s. 377. 403. Any party fo the reference may pay to the clerk f^^^^^f^ °' of the court the fees demanded by the arbitrator together with the sum of $1 to be retained by the clerk as a filing fee, and the clerk shall thereupon deliver the award to the person so making payment. 1915, c. 16, s. 378. 404. — (1) In every case where the amount of the claim Appeal exceeds $1,000 an appeal shall lie from the award to the Court of Appeal in like manner as from a judgment or decision of the district court or a judge thereof. (2) On an appeal from an award the court may call for and receive additional evidence to be taken in such maimer as the court directs, and may set aside the award or remit the matters referred or any of them from time to time for reconsideration and determination by the arbitrator, or may refer such matters or any of them to any other person, and may fix the time within which the further or new award shall be made, or may increase or diminish the amount awarded or otherwise modify the award as may be deemed just. 1915, c. 16, s. 379. 405 (1) At any time after the passing of a bylaw forKntry^ entering on or expropriating land, the city, by leave of the judge and upon payment into court of a sum sufficient, m 1258 Cap. 86 cities the opinion of the judge, to satisfy the compensation, maj enter upon the land, and, if any resistance or forcible opposi- tion is made to its so doing, the judge may issue his warrant to the sheriff of the judicial district to put the city in posses- sion, and to put down such resistance or opposition, which the sheriff, taking with him sufficient assistance, shall accord- ingly do. (2) Leave of the judge and payment into court shall not be necessary where the land is being expropriated for or in connection with the opening, widening, altering or diverting of a highway, unless upon application by the owner, a judge otherwise directs. 1915, c. 16, s. 380. When award 406. Where the arbitration is as to compensation, if the on city expropriating bylaw did not authorise or profess to authorise entry upon or use to be made of the land before the award except for the purpose of survey, o** if the bylaw gave or pro- fessed to give such authority but the arbitrators by their award find that it was not acted upon, the award shall not be binding on the city unless it is adopted by bylaw within one month after the making of the same; and if it is not so adopted, the expropriating bylaw shall be deemed to be repealed, and the city shall pay the costs between solicitor and client of the reference and award, and shall also pay to the owner the damages, if any, sustained by him in conse- quence of the passing of the bylaw, and such damages if not mutually agi-eed upon shall be determined by arbitration under the provisions of Tlie Arbitration Act. 1915, c. 16, s. 381. o/'T^'r''°" 407. In all matters not herein otherwise provided for Arbitration Act (-jjg provisious of The Arbitration Act shall apply. 1915, c. 16, s. 382. PART XT. Assessment and Taxation. As3<>.ssinpnt 408. Tlic couucil may by bylaw divide the city into assessment districts, and if deemed necessary may appoint one or more assistants to aid the assessor in his work. 1915, c. 16, s. 383. Aiseasment 409. The couucil of cverv city shall appoint an assess- n-fv^ rd «^ t/ 1.1. ment board whose duty shall be to take over the assessment roll on the completion thereof and before assessment notices are sent out, and to make such corrections as the majority of the board may decide. The said board shall consist of not less than three nor more than five members of whom the CITIES Cap. 86 1259 assessor shall be one, and it may inclnde one or two mem- bers of the council to be appointed for that purpose by the council. 1915, c. 16, s. 384. 410. Subject to the other provisions of this Act the muni- Subjects of cipal and school taxes of the city shall be levied upon: (1) lands; (2) businesses; (3) income; and (4) special fran- chises. 1915, c. 16, s. 385. 411. The following property shall be exempt from taxa- ^"™p*'°°» tion : 1. The interest of the Cro^vn in any property including' property held by any person in trust for the Crown; 2. Property specially exempted by law or held for the public use of the Government of Saskatchewan ; 3. If any property mentioned in paragraphs 1 and 2 is occupied by any person otherAvise than in an official capacity, the occupant shall be assessed therefor but the property itself shall not be liable; 4. Every place of public worship and the land used in connection therewith not exceeding one acre, except such part as may have any other building thereon; 5. Every cemetery and burying ground; 6. The buildings and gi-ounds not exceeding four acres of and attached to or otherwise bona fide used in connection with and for the purposes* of every school established under the authority of The Secondary Education Act or The School Act, every hospital which receives public aid under and by virtue of The Hospitals Act, the association known as "The Young Men's Christian Association" and the associa- tion known as "The Young Women's Christian Association," and any law school established and maintained by the Bench- ers of the Law Societv of Saskatchewan, so lona: as ''uch building and grounds are actually used and occupied by such institution but not if otherwise occupied ; 7. The buildings with grounds attached owned and occupied by' a branch of the Great War Veterans' Associa- tion ; 8. All property (real and personal) belonging to the city; 9. Every highway, lane or other public way, and every public square or park whether situated inside or outside the city ; 10. The property of every public library established under The Public Libraries Act, and of every other public institution, literary or scientific, to the extent of the actual occupation of such property for the purposes of the institu- tion ; 1260 Cap. 86 CITIES 11. The pro])ci-ty of auy children's aid society, incor- porated under The Children's Protection Act, or approved by the Lieutenant Governor in Council for the purpose of the said Act, if used exclusively for the purposes of and in con- nection with the society; 12. The income of every married person and of every widow or widower with children up to $1,500, and of every other person up to $1,000, and in addition thereto the amount of any pension paid to a member or ex-member of His Majesty's military or naval forces or a pension paid to any member of the forces of His Majesty's allies in the late war who is a British subject, or to a dependent of any such member or ex-member ; 13. The grounds and buildings of every agricultural society established imder The Agricultural Societies Act; 14. Lands exempt from assessment under paragraphs 4, 5, 6, 8, 10, 11 and 13 shall nevertheless be liable to be assessed for local improvements. 1915, c. 16, s. 386; 1916, c. 18, s. 19 1910-20, c. 23, s. 12. When person assessed for realty and income Mode of assessment Land Buildings and improvements Increase of as.-cssment Businesses 413. Any person who is assessed and taxed in respect of land and buildings thereon, and income derived from wages or salary, shall be liable to pay in addition to the amount of his tax on land and buildings thereon only the amount, if any, by which his taxes on such income exceed his taxes on land and buildings thereon. 1915, c. 16, s. 386 (2) ; 1916, c. 18, s. 19. 413. — (1) Land shall be assessed at its fair actual value, and buildings and improvements thereon at not more than sixty per cent, of their actual value. In case the value at which any specified land has been assessed appears to be more or less than its true value, the amount of the assessment shall nevertheless not be varied on appeal, unless the difference be substantial, 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 land in question are assessed. (2) The assessment of buildings and improvements shall not in any year be reduced below the assessment for the pre- vious year by a greater amount than fifteen per cent, of the fair actual value of such buildings and improvements. The assessment of buildings and improvements may be increased beyond the assessment for the previous year by an amount not greater than fifteen per cent, of their fair actual value, provided that the assessment when increased does not exceed sixty per cent, of such value. (3) The mode of assessing businesses shall be as follows: (a) the assessor shall fix a rate per square foot of the floor space (irrespective of partitions, elevators, CITIES Cap. 86 1261 stairways, or other obstructions) of each build iug or part thereof used for business purposes, and shall as far as he deems practicable classify the various businesses ; (6) he may fix a different rate for each class, and in so doing may place a wholesale business in a class distinct from a retail business of otherwise the same class, and may classify each building or part thereof according to the kind of business carried on therein and may fix a different rate for different kinds of business carried on under the same roof, and for storehouses and warehouses or other like appurtenant buildings from that fixed for the prin- cipal building, and may fix a different rate for different flats of buildings ; - . (c) the rate shall not exceed $S per square foot, except in the case of banks, loan companies or other finan- cial institutions, in which case such rate shall not exceed $15 per square foot. (4) Whenever it is found by the assessor that a business fo? businesses is being carried on, either wholly or partially, outside of any building, he shall fix a rate per square foot of the yard space used for such business, and shall as far as he deems practicable classify the various businesses, and he may fix a different rate for each, but such rate shall not exceed $4 per square foot. (5) The owner of a special franchise shall not be assessed fp^j^'=^'^!g^ in respect of business or income, but in addition to an assess- ment on land shall be assessed for the actual cost of the plant and apparatus less a reasonable deduction for depreciation. (6) No person who is assessed in respect of any business ^g^^°^^Jft or special franchise shall be assessed in respect of the income derived therefrom, and no person who is assessed in respect of any business or special franchise or of any income derived therefrom shall be liable to pay a license fee to the city in respect of the same business or special franchise. (7) No person shall be assessed in respect of income who ^/g^^jljfj'payg is not continuously resident in the city and who has a per- ''^ »'"'°"*^ *^* manent home elsewhere in the province. (8) Whenever two or more persons are, as business part- ^^^j"^"' ners, joint tenants, tenants in common or by any other kind *«°*°*^' ^'^ of joint interest, the ovniers or occupants of any land or of any building liable to taxation hereunder, the name of each of such persons shall be entered on the assessment roll in respect of his interest or share of or in such land or building. 1915, c. 16, s. 387; 1916, c. 18, s. 20; 1917, c. 11, s. 14. 12G2 Cap. 86 CITIES Occupant or owner liable 414. The occupant of any building liable to taxation under section 413 shall be liable for the business tax afore- said, though he may also be the owner of the premises and liable as such owner to taxation on the land. 1915, c. 16, s. 388. Wild Lands 415. The provisions of The Wild Lands Tax Act, shall Tax Act not ^ , , , . ^„^w to apply not apply to land withm the boundaries oi a city. 191/ (sess, 2), c. 25, s. 11. ASSESSMENT ROLL. Date for completion Form of roll 416. The assessor shall complete his assessment roll in each year by the thirty-first day of May. 1915, c. 16, s. 389. 417. Unless the minister otherwise provides, the assess- ment roll shall be in the following form : CITIES Cap. 86 1263 Date of delivery or posting of notice. 1 Value of property exempt from taxation. Date of assessment. Public or separate school supporter. Total amount of assessment. Special franchises. Taxable income. P=4 O O 1 Business assessment. P3 < >< g o p^ I GQ V. (vacant) R. (residential B. (business). Value of buildings. The fair actual value of each parcel or lot of real prop- erty or of the interest of the taxable person therein. Frontage and depth. Brief description of taxable property. Ow. (owner), occ. (occupant) . Post office address. The names in full (if the same can be ascertained) of every person taxable in the rity. No. of assessment. 1915. c. 16, s. 390. 1264 Cap. 86 CITIES Fraudulent assessment 418. If any assessor makes a fraudulent assessment, or wilfully or fraudulently inserts in the assessment roll the name of any person who should not be entered therein, or wilfully or fraudulently 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. 1915, c' 10, s. 391. Ms^LeLt 419. The assessor, within fifteen days after completing by publication ^j^g gg^j^]^ j.q]]^ j^j^j after the same has been corrected pursuant to the provisions of section 409, shall publish in a newspaper published in the city a notice in the following form : City of Assessment Roll, 19 Notice is hereby given that the assessment roll of the city for the year 19 has been prepared and is now open to inspection at my office in the city hall from 10 a.m. to 4 p.m» on every juridical day except Saturday (and on that day from 10 a.m. to 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 hia complaint in writing at my office. Dated this day of 19 . A. B., Assessor. 1915, c. 16, s. 392. Notice by mail Lodging complaints Error not to invalidate assessment 430.— (1) The assessor shall also, within fifteen days after the completion by him of the assessment roll and after the same has been corrected pursuant to the provisions of section 409 transmit by post to every person named thereon an assessment slij) containing the particulars appearing in the roll with respect to such person. (2) There shall be appended to every such assessment slip a notice of the last date upon which complaints may be lodged as fixed by the notice under section 419, and there shall be indorsed thereon a written or printed form of com- plaint as given in section 423. (3) No assessment shall be invalidated by any 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. 1915, c. 16. s. 393. APPEAL TO COUKT OF REVISION. Appeal 431. If any person named in the said roll 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 per- CITIES Cap. 86 1265 son 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 court of revision to correct the said error, and in such notice he shall give a name and address where notices may be served upon him. 1915, c. 16, s. 394. 432. In cities where one or more commissioners have ^'^^'^f^of heen appointed, the council or the commissioners shall con- stitute the court of revision, as the council shall by resolution determine. Where the council acts, the council shall appoint not less than three nor more than five of its own members to form such court. 1915, c. IG, s. 395. 433. Every such complaint shall be in the following form : ^orm^oj^ mi c 1 • J! appeal To the assessor ot the city oi Sir, — I hereby appeal against assessment (No. , or as the case may he) in ward No. on the following grounds ( Jierein state grounds of appeal). My address for service of notice in connection with this appeal is Dated this day of 19 • CD., Applicant. 1915, c. 16, s. 396. 434. The assessor shall forthwith notify every such ^;';^;f4°' appellant, and every other person whose assessment is affected or may be affected, of the time and place of the sittings of the court of revision to hear the said appeal. 1915, c. 16, s. 397. 435 — (1) Every such notice shall be posted by registered T>i'?e/ letter to the post office address of such person as given in the complaint, or, if no address is there given, to the address entered on the assessment roll, at least fifteen days before the sitting of the court of revision. (2) If such person has a place of business within the city, the assessor shall cause such notice to be posted by registered letter addressed to him at his place of business, or to be served thereat, six days at least before the sitting of the court, and such posting or service shall in all such cases be sufficient. 1915, c. 16^ s. 398. 436. Before the sitting of the court of revision the List of assessor shall prepare a list of the appeals in the following form, which list shall be posted up on a notice board at the door of the city hall and shall continue so posted during the sittings of the court. 1266 Cap. 86 CITIES Secretary Witnesses Appeals to be heard bj the court of revision of the city of on the day of . 19 . Appellant Respecting whom Matter complained of A.B. Self Overcharg;cd on land CD. E.F. Name omitted G.H. J.K. Not bona fide owner or tenant - L.M. Self Income overcharged etc. etc. 1915, c. 16, s. 399. 437.— (1) The assessor shall be the clerk and secretary of the court of revision 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 first been tendered compensation for his time at the rate of $2 per day, and mileage at the rate of ten cents per mile (both ways) where a railway is not available or actual rail- way fare (both ways) where a railway is available, fails to attend at the time and place mentioned, or having attended or being present in court refuses to be sworn, if required ta give evidence, he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 and costs : Provided however that the court hearing the appeal may for good and sufficient reasons excuse such person from attending, and in such event no penalty shall be incurred by reason of such nonattendance. 1915, c. 16, s. 400. Conduct of hearing Non- appearance Evidence 438. The appeals shall be heard, as far as possible, in the order in which they stand upon the list, but the court may adjourn or expedite the hearing of any appeal as thought fit. 1915, c. 16, s. 401. 439. If the appellant, or any other person whose assess- ment is affected or may be affected by the result of the appeal, fails to appear in person or by an agent, the court may pro- ceed ex parte. 1915, c. 16, s. 402. 430 — (1) It shall not be necessary to hear upon oath the complainant or assessor or the person complained against, except where the court 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. CITIES Cap. 86 1267 (2) All oaths necessary to be administered to witnesses may be administered by any member of the court "Hearing the appeal. 1915, c. 16, s. 403. 431. All the duties of the said court of revision under theTemnna- foregoing sections shall be completed by the tenth day of sittings August; and no appeal shall be heard after that date. 1915, c. 16, s. 404. 433. Forthwith after the conclusion of the sittings, the Arnendment assessor shall amend the assessment roll in accordance with the decisions of the court. 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. 1915, c. 16, s. 405. 433. The roll, as finally passed by the court of revision ^i'^'^^^K and certified by the assessor as so passed, shall be valid and amended ron 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 420, or any omission to deliver or to transmit such notice. 1915, c. 16,*^ s. 406. GENERAL PROVISIONS AS TO ASSESSMENT ROLL. 434. A copy of the roll or any portion thereof written or Evidence of printed without any erasure or interlineation, under the seal of the city and 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. 1915, c. 16, 8. 407. 435. — (1) If, at any time before the first day of Decern- pmissioi^ \ / ? J 'l , from aaaess- ber, it shall be discovered that the property, business ormentroii income of any taxable person or part thereof is not included in the roll, or that any person has commenced business after the roll was completed, the assessor shall notify such taxable person by registered mail, if he resides or has a place of business within the city that at a meeting of the court of revision to be held at least six days after such notice, an application will be made to the said court to make an assess- ment in respect of such property, business or income for such sum as may be deemed right, and that such taxable person is required to attend such meeting to show cause why the said assessment should not be made and as to the amount thereof. (2) If such taxable person does not reside or have a place of business in the city, then such notice shall be posted by registered letter to the post oSice address of such person fifteen days before such meeting of the court. VoT.. IT— 5 1268 Cap. 86 CITIES (3) After such notices have been mailed as aforesaid and after the expiration of the time mentioned therein, or if such taxable person be not known then without any notice, the court of revision may make an assessment in respect of such property, business or income and direct the assessor to enter the same and the name of the taxable person if known upon the proper tax roll as they shall direct: Provided that all the provisions of this Act as to appeals from assessments, as far as the same are applicable, shall apply to any such assessment. (4) Immediately after such assessment is made, 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 roll, and the rates shall be collectible in the same manner as other taxes. 1915, c. 16, s. 408. Person claiming to be assessed Rights of person entitled to be assessed Penalty for improper insertion Public or separate schools 436. — (1) Where a person claims to be assessed, or claims that 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 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 assessing or naming any such person in the assess- ment 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 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 assess- ment roll as the other person would or could have had person- ally, unless such other person actually dissents therefrom. (o) Any person who wilfully and improperly inserts or procures the insertion of the name of a person in the assess- ment 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 thai person of his right to be an elector, shall upon summary con- viction thereof be Jiable to a penalty of $25 with costs and to imprisonment for a period not exceeding thirty days. (4) The assessor shall accept the statement of any rate- l)ayer, or a statement made on behalf of any ratepayer by his written authority, that he is a supporter of public schools or of separate schools, as the case may be, and such statement shall be sufficient prmia facie evidence for entering opposite CITIES (^ip. 86 1269 the name of such person in the assessment roll the letters "PSS" or ^'SSS," as the case may be, and in tlic absence of any such statement the assessor shall make sucli entries in accordance willi ]\\^ belief. 1015. c. IG, s. 400. 437. — (1) It shall be the duty of every assessable person information to give 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 froiu makiuii' incpiirv as to its correctness. (2) Any assessable person who refuses or neglects to furnish within a reasonable time any information required by the assessor, shall be guilty of an offence and liable, on summary conviction, to a iienalty not exeeedin<2' $.") for every day during w^hich the default continues. (3) Any person who wilfully furnishes the assessor with false information shall be guilty of an otfence and liable, on summary conviction, to a penalty not exceeding $25. 1915, c. 16, s. 410; 1018-10, e. 34, s! 18. 438. — (1) It shall be the duty of every ])crson employing information any other person in his trade, manufacture, business or y^'^P^y"' calling, to give to the assessor on demand information con- cerning the names and places of residence of all persons employed by him whose wages, salary or remuneration exceed $200 per annum. (2) Any employer who refuses oi' neglects to furnish within a reasonable time information required by the assessor shall be guilty of an offence and liable, on summary con- viction, to a penalty not exceeding $5 for everv day during which the default continues. (3) Any employer who wilfully furnishes the assessor with false information shall be guilty of an offence and liable, on summary conviction, to a penalty not exceeding $25. 1915, c. 16, s. 411; 1918-10. c. 34, s.'lO. 439. — (1) The roll, with any amendments made as afore- Adoption said, shall bo adopted by the council on or before the fifteenth ° day of August, and shall thereupon become and lie the revised assessment roll of the city: Provided that there shall be a right of ajipeal from the decision of the court of revision to the Local Government Board as provided by and accordins: to the procedure pre- scril)erl lierein. 1015, c. 16. s. 412. 440. The council or commissioners, where any have been Correction appointed, may at any time correct any gTOss and palpable** errors in the roll or voters' list, and any corrections so made shall be initialed bv the assessor. 1915, c. 16. s. 413. 1270 Cap. 86 CITIES Appeal APPEAL FROM COURT OF REVISION TO THE LOCAL GOVERN- MENT BOARD. 441. An appeal to the Local Government Board shall lie not only against the 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. 1915, c. 16, s. 414. Proceedings on appeal Notice of appeal Assessor .notifies parties interested Time of notice Assessor posts notice 442. In all appeals under the provisions of section 441 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, or in case of the omission, neglect or refusal of the said court to hear or decide an appeal, within eight days after the completion of the sittings of the court, a written notice of his intention to appeal; 2. The assessor shall, immediatelv after the time limited for service of such notice, forward a list of all appeals to the board, and the board shall fix a day for the hearing of such appeals ; • ! 3. The assessor shall immediately upon being notified by the board of the day fixed 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 for the hearing of the same; 4. Every such notice shall be posted by registered letter to the post office address of the appellant as entered on the assessment roll, at least fifteen days before the day fixed for hearing the appeals, unless such person has a place of business within the city, in which case the assessor shall cause the said notice to be posted by registered letter to the appellant's address at such place of business, or to be served thereat, at least six days before the day fixed for hearing the appeals: Provided, however, that, in the event of failure by the assessor to have the required service of the notice made or to have the same made as required by this Act, the board may direct the service to be made for some subsequent day then to be fixed by it for the hearing of the appeal ; .5. The assessor shall, immediately upon being notified of the day fixed for the hearing of such appeals, cause a con- spicuous notice to be posted up, in his office, and in the place where the council 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 board for the hearing of such appeals; CITIES Cap. 86 1271 6. The city clerk shall be the clerk of the board at its c^tyj^''^^ sittings for hearing the appeals and may issue notices to of board parties and witnesses to attend and to produce documents; 7. It shall be the duty of every person served v^ith notice ^ftn|!steT*^ to attend pursuant to such notice, and the notice shall be of serveri the same force and effect as a subpoena; 8. At the time appointed the board shall hear the appeals ^^^^^^^^'/^'Ij^^'^ and it may adiourn the hearino; from time to time and defer t'°" "' judgment thereon at pleasure, but all appeals shall be deter- mined before the fifteenth day of September. All deferred judgments shall be in writing and when given shall be filed with the city clerk; 9. At such hearing the person having charge of the assess- Pro,hKtion ment 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 board if then given, and the chairman, or in his absence, another member of the board, 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 board reserves judgment, the city clerk shall, when the same is given, forth- with alter and amend the roll according to the terms of the judgment, and shall write his own name or initials opposite everv such alteration or correction; 10. In such proceedings the board shall possess all such Powers of powers for compelling the attendance of all parties whether claiming or objecting or objected to, and all other persons whatsoever, and for their examination on oath, for the pro- duction of books, papers, rolls and documents and for the enforcement of its 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; 11. The board may inspect the property whose assessed ,\".''f'^*'*''^° value is in dispute and any other properties in the munici- pality with the view to arriving at the value for assessment purposes, and may base its decision wholly or in part upon such inspection; 1 2. The board may, of its own motion revise the assess- Revisai of ment of the city generally, or of any part thereof, or of any individual properties in respect of which no notice of appeal has been given, and for such purpose it may set a day or days for the hearing and adjourn the same from time to time, and may cause such notices to be given and such parties to be served as may be deemed expedient; 13. All process or other proceedings in, about or by way ™®e°dinB9 of appeal may be entitled as follows: 1272 Cap. 86 CITIES Cost of proceedings Taxation Decision final Filing of decisions Appeal to Court of Appeal Procedure lu the matter of appeal from the court of revision of the C'itv of A. B., Appellant, and C. D., Respondent; 14. The costs of any proceeding before the board shall be paid by, or apportioned between, the ])arties in such manner as the board thinks proper; and. where costs are ordered to be paid by any party, the same shall be enforceable by execu- tion, to be issued as the board may direct from the district court or in the same manner as upon an ordinary judgment for costs recovered in such court ; ITt. The costs chargeable or to be awarded in any case may be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allow- ance in the court of snch 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; 16. Subject to the provisions hereinafter contained the decision and judgment of the board shall be final and con- clusive in every case adjudicated upon; 17. The clerk of the district court shall, at the request of the board, the municipality or any party interested, file the orders, decisions and judgments of the board in the same manner as if they wove ord(M-s, decisions or judgments of the court ; 18. Where the ground of appeal was that the appellant or some other ])erson was wrongly assessed as a public or separate school supporter, an appeal shall lie from the board to the Court of Appeal ; 19. The procedure on such appeal shall be the same as is or may be ju-ovided on an apjieal from a final order, judg- ment or decision of the district court in a civil action. 1915, c. 16. s. 415; 1016. c 18. s. 21; 1017 (sess. 2), c. 25, s. 12. Poll tax POT.T. TAX. 443. — (1) Except members of His Majesty's naval or military forces on full pay or on actual service or of the Royal Canadian Mounted Police force or of the city fire brigade, every male person of the age of twenty-one years or upwards who has been a resident of the city for at least three months during the then current year prior to the thirty-first day of October and who is not assessed upon the last revised assessment roll shall be liable to pay a poll tax of $3. (2) The said poll tax may be collected at any time after the first dav of Tunc; but every ]vrson liable to pay a poll CITIES Cap. 86 1273 tax, and any of the persons hereinbefore excepted, and every woman who is not assessed upon the last revised assessment roll, upon satisfying the assessor on or before the fifteenth day of July in the then current year that for a period of at least three months prior to the first day of -Tidy he or she has bona fide resided in the city, and that during the said ])eriod he or she; has been and still is n hoiui fide occupant of premises therein as a "tenant" of the owner of the said premises at a rental which would amount to at least ninety dollars annually, shall be entered by the assessor upon a list to be called the "householders' list," and shall thereupon be exempt from the ]iayment of a ])oll tax for the then current ' year : Provided, howe\er. that e\ery tenant of a separate portiou of a house shall be deemed, but a boarder or lodger shall not be deemed, a tenant within this Act. (3) The householder's wife or husband residing with him or her upon the ]n"emises in respect of which the rental is ])aid shall also lie entered by the assessor upon the house- holders' list. (4) Any person applying to be placed upon the house- holders' list shall inform the assessor whether he is a public or a separate school supporter. 1015, c. 16. s. 416; 1917, c. 11. s. 15; lOrr Csess. 2), c. 25, s. 13; 1918-19, c. 34, s. 20; 1919-20, c. 23. s. 14. 444. A poll tax uuiy be collected in the same manner as Mode of other munici]ial taxes, or may be recovered on summary *'°"^''*'°'' conviction with costs against the person neglecting or refusing to pay the same ; and the person appointed to collect the tax may also demand the same from the employer of the person liable to pay it and the employer shall deduct the same from the salarv or wages which are then or shall first thereafter during the then current year become owing by him to the person liable to pay such poll tax. and shall pay the same as soon as the amount of the tax is earned bv his said employee to the person appointed to collect it and in default may on summary conviction he ordered to pay the same together with costs and in default of payment to imprison- uient foi- a period not exceerlino: thirtv davs. 1915. c. 16, s. 417. 445. ^N'otwithstanding anything lierein contained, the Poii tax council of any city may by resolution passed at any time '^"" previous to the first day of June in each year detemiine that the poll tax shall not bo imposed. 1915. c. 16, s. 418. RATES AND ESTIMATES. 446. The council shall in each year assess and levy on Assessm the whole rateable property within the municipality a sum 1274 Cap. 86 CITIES sufficient to pay all debts of the corporation, whether of principal or interest, falling due within the year. 1915, c. 16, s. 419. Estinijvtfis 447. The council shall, in each year, prepare estimates of all sums required for the purposes of the municipality during such year, making due allowance for the cost of collection and for the abatement of taxes and for taxes which may not be collected. 1915, c. 16, s. 420. Bylaws 448. One bylaw or several bylaws for assessing and levying the rates may be passed as the council may deem expedient. 1915, c. 16, s. 421. Public entertain- ment 449. The council of any city may include in the annual estimates a sum of money to be expended in the reception and entertainment of distinguished guests, and in payment of any travelling expenses necessarily incurred in and about the business of the corporation. 1915, c. 16. s. 422; 1916, c. 18, s. 22. Deficiency 450. Tf the amouut collected falls short of the sum required the council may direct the deficiency to be made up from any unappropriated fund belonging to the city, or, if there is no such fund, the deficiency may be deducted proportionately from the sums estimated or from any one or more of them. 1915, c. 16, s. 423. Surplus 451. — (1) If the sums collected exceed the estimates, the balance shall form part of the general funds of the city and shall be at the disposal of the council unless otherwise specially appropriated. (2) 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. (3) If any portion of the excess has been collected for school purposes or under a free library rate, the amount in ■;;,',,, excess shall be held to the credit of the proper school board or the library board, as the case may be. 1915, c. 16, s. 424. Date of maturity of taxes 452. The rates imposed for any year shall be considered to have been imposed and to be due on and from the first day of January of such year unless otherwise expressly provided by the bylaw under which the same are imjposed. 1915, c. 16, s. 425. CITIES Cap. 86 1275 TEMPOEAKY LOANS. 453. — (1) The council may by bylaw authorise the mayor Temporary and treasurer to borrow, either before or after the passing of the bylaw levying the taxes for the current year, from any person or bank such sums as the council deem necessary to meet the current expenditure of the city for municipal purposes or the amount required to make up any deficiency in the sinking fund until the taxes levied or to be levied for the year can be collected. (2) The city may give as security for any such loan treasury bills, temporary debentures or similar forms of obligation, signed by the mayor and treasurer, and each such bill, debenture or obligation shall be valid and binding upon the city according to its tenor. (3) The council may by bylaw or agreement designate what revenues of the city, if any, are charged with the repay- ment of such treasury bills, temporary debentures or other obligations. School taxes shall not be so charged. (4) Such treasury bills may be drawn payable in lawful money of Canada or in sterling money of Great Britain, or in gold coin of the United States of America as authorised by The Currency Act 1910 or as to part of the advance in one and part in the other, and may be made payable at any place or places in Canada, Great Britain or the United States ©f America; the equivalent values of the said moneys shall be the value provided in The Currency Act 1910. (5) The council may from time to time, during a period of two years succeeding that in which such moneys are borrowed, pass bylaws for extending the loan and renewing or extending such bills, debentures or other obligations, whether original or renewal. 1915, c. 16, s. 426; 1917 (sess, 2), c. 25, s. 14. 454. The amount so borrowed shall not exceed the Limitation estimated amount of the taxes for the current year, and if the council authorises the borrowing of any larger sum than the amount aforesaid every member of the council who votes therefor shall be disqualified from holding any municipal office for two years. 1915, c. 16, s. 427. TAXES. 455. — (1) On or before the first day of October in each Tax roii year the assessor shall prepare a tax roll and the treasurer shall proceed to collect the taxes specified therein. (2) The tax roll may be a continuation of the assessment ConUDta roll and shall in that way or independently contain : (a) the name of every person assessed; (h) his residence; 1276 Cap. 86 CITIES Alternative form Minimum tax Appendix to roll (c) the nature and description of the property 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 deben- ture rate; (2) special rate; (3) school rate; and (4) arrears and the total thereof, (3) JSTotwithstanding anything contained in subsection (2) the council may by bylaw provide that, in addition to the information mentioned in clauses (a), (&), (c) and (d), it shall be sufficient for the assessor to set down opposite the assessed value of the property of each taxable person, in a column provided for that purpose, the amount with which such person is chargeable for all sums ordered to be levied by the council, in which case it shall not be necessary to state the particular sums mentioned in the said subsection. (4) Any person whose business tax would be less than $10 for any business shall be taxed $10 for that business; and the council may by bylaw require that any person whose taxes other than business taxes would be less than $3 shall be taxed $3. (5) Appended to every roll made up under subsection (3) there shall also be a table setting forth: (a) the total amount of taxes to be collected under and by virtue of such roll ; and (&) the name and amount of each rate levied by the municipality which is required by law, or by the bylaw imposing it, to be kept distinct and accounted for separatelv, and specifying the aggregate pro- ceeds of each'rate. 1915, c. 16, s. 428 ; 1917, c. 11, s. 16; 1017 (sess. 2), c. 25, s. 15; 1918-19, c. 34, s. 21. Tax notice to resident 456. — (1) If a taxable person is a resident of the city the treasurer shall either transmit to him by post a written or printed notice specifying the amount of the taxes payal)lc by such person, in respect of each assessment, or shall deliver the same to lii-m or to any grown up person for him at his residence or place of business, or ui»on the premises in respect of which the taxe=; are payable. (2) The written or jirinted notice above mentioned shall contain a schedule sjiecifying the different rates and the amount on the dollar to be levied for each rate, making up the aggregate of the taxes referred to in such notice, and containing the information required to be entered in the tax roll iiiuler section 455. It shall show the amount of all taxes CITIES Cap. 8f> 1277 otli(!r llian the business tax with wiiich the person taxetl is chargeable in respect of the assessment. The amount of the business tax shall be shown either in the same or in a separate notice. If the land in respect of wliicli any portion of the taxes contained in the notice is due has been sold for taxes within the prpcodini;' twelve months, the notice shall state the fact and the amount i-ecpiired to redeem. (3) The treasurer or any official deputed by hiiu shall immediately enter upon the roll a memorandum of the date of the service or ])ostinii' of such notice, which service or posting shall be verified by the initials of the party per- fonning the same; and such exilry shall l)o prima facie evidence that the notice was served or ]iosfed as aforesaid and of the date thereof. 1915, c. 16, s. 420; 1916, c. IS. s. 23. 457. In case the taxable person is a nonresident, the ^^^^^°^^^^^ treasurer shall transmit to him by post a simihir statement of the taxes charged against him in the roll ; and the treasurer or an official deputed by him shall immediately enter upon the roll a memorandum of the date of such transmission and verify it by his initials. Such entry shall be prima facie evidence that the said notice was so transmitted and of the date of such transmission. 1915, c. 16. s. 430; 1917, c. 11, s. 17. 458. The council may by bylaw require payment of taxes instaimenta including local improvement rates, school rates and all other rates, to be made by the taxable person at the office of the treasurer on any day or days, and in bulk or by instalments ; and may provide that on punctual jiayment of any instal- ment the time of ])ayment of the remainder may be extended to a day or days to l)e named in the bylaw; or may ju-ovide that in default of ])ayment of any instalment by the day named for payment thereof, the subsequent instalment or instalments shall forthwith become pavable. 1915, e, 16, s. 431. 459. — (1) The council mav bv bvlaw allow a discount discount on ' ' ' ,. P taxes for prompt payment of taxes, not exceeding one \)er cent, for each full month that such payment is made before the thirty- first day of December of the year in which the taxes are imposed. C2) In the event of any taxes remainini>- unpaid after the thirty-first day of December of the year in which the same are levied, there shall be added thereto by way of penalty a sum equal to eight per centum of the arrears; and upou the expiry of each succeeding year during which the whole or any portion of the combined amounts of taxes and penalty or penalties remains unpaid, an additional sum equal to 1278 Cap. 86 CITIES Land tax a Hen Evidence Deduction by tenant Collection from tenant Distress for taxes where lien eight per centum of the arrears shall be added thereto. Amounts so added shall form part of the taxes which by section 460 are created a special lien upon land. (3) ISTothing 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 collection of the said taxes. 1918-19, c. 34, s. 22. 460. The taxes due upon any land may be recovered from any owner or tenant originally assessed therefor, and from any subsequent owner of the whole or any part thereof; and such taxes shall be a special lien upon the land and shall be collectible by action or distraint in priority to every claim, privilege, lien or incumbrance of any 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 citv. 1915, c. 16, s. 433. 461. The production of a copy of so much of the roll as relates to the taxes payable by any person in the city certified as a true copy by the treasurer shall be conclusive evidence of the debt. 1915, c. 16, s. 434. 462. Any tenant may deduct from his rent any taxes paid by him which as between him and his landlord the latter ought to pay. 1915, c. 16, s. 435. 463. When taxes are due upon any land occupied by a tenant the treasurer may give such tenant notice in writing requiring him to pay the treasurer the rent of the premises as it becomes due from time to time to the amount of the taxes due and unpaid, including costs; and the treasurer shall have the same authority as the landlord of the premises would have had to collect such rent by distress, or otherwise, to the amount of the unpaid taxes and costs; but nothing in this section contained shall prevent or impair any other remedy for the recovery of the taxes or any portion thereof from such tenant or from any other person liable therefor. 1915, c. 16, s. 436. 464. When taxes which are a lien upon land remain unpaid, in the case of a resident of the city for fourteen days after notice given under section 456, or in case of nonresidents for one month after the posting of the state- ment provided for by section 457, the treasurer may levy the same with costs by distress either: 1. Upon the goods and chattels belonging to or in the possession of the owner or tenant of the land, whose name appenrs on the roll and who is hereinafter called "the person taxed" : or CITIES Cap. 86 1279 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 hy 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 (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 lives 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. 1915, c. 16, s. 437. 465. Where the person taxed or such owner is not in Goods of possession, goods and chattels on the land not belonging to ^Jxed ° the person taxed or such owner shall not be subject to seizure ; oniy°°eizabie and the possession by the tenant of said goods and chattels on the premises shall be sufficient prima facie evidence that they belong to him. 1915, c. 16, s. 438. 466. IsTo distress shall be maele upon the goods and Tenant's chattels pf a tenant for any taxes not originally assessed^"" against him as such tenant. 1915, c. 16, s. 439. 467. When taxes which are not a lien on land remain DistrM* unpaid, in the case of a resident of the city for f ourteen ^en ''^'°*' days after notice given under section 456, or in the case of a nonresident for "one month after the posting of the state- ment provided for by section 457, the treasurer may levy the same with costs by distress either: 1. Upon the goods or chattels of the person taxed where- ever found within the city; 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 1280 Cap. 86 CITIES Stranger's goods 3. Upon the goods and chattels in the possession of the person taxed, where title to the same is claimed in any of the ways defined by clanses {a), (6) and (c) of paragraph 4 of section 464. and with the words '^'or against the owner though his name does not appear on the roll" and the words "or from such owner" and the words ''or of such owner" and the words "on the hind" omitted therefrom; 4. And also, in case of a Inisiness tax. upon the goods and chattels or interest therein, as the case may be, falling within anv of the classes mentioned in the foreii;oing clauses of this section, of any person who occupies the premises in respect of which the i:>usiness tax was assessed as purchaser of the business theretofore carried on therein by the person taxed. 1915, c. 16, s. 440. 468. ^JsTotwithstanding anything herein contained, no goods which are in the possession of the person liable to pay such taxes for the ]iurpose only of storing and warehousing the same, or of selling the same upon commission, or as agent, shall be levied upon or sold for such taxes. 1015, c. 16, s. 441. Assignee or liquidator Exemptions Anticipatory distress 469. 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 assessed against the assignor or the company which is being wound up, prior to the date of the assignment or winding up order, 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 there- after while the assignee or liquidator occupies the premises or while the goods remain thereon. All such taxes shall be a preferential lien and charge on such goods, and l>efore making anv distribution of assets every assignee and liquida- tor shall pay them in full. 1015. c. 16, s. 442. 470 (1) The goods and chattels exempt by law from seizure under execution shall not be liable to seizure by dis- tress for taxes nnless they are the property of the person taxed, or of the owner, though his name does not appear on the roll. (2) The person who claims such exemption shall select and point out the goods and chattels as to which he claims exemption. 1015, c. 16, s. 443. 471. If at any time after demand has been made or notice given pursuant to sections 456 and 457, and before the expiration of the time for payment of the taxes, the treasurer has reason to believe that any person in whose hands goods and chattels are subject to distress is about to move the goods and chattels out of the city, and makes CITIES Cap. 86 1281 affidavit to that etl'ect before the mayor or a justice of the peace the major or justice may issue a warrant to the treas- urer authorising 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 treasurer may levy accordingly. 1915, c. 16, s. 444. 473. The costs chargeable in respect of any distress and<^°»*^ levy shall be those payable to bailiffs under The Distress Act. 1915, c. 16, s. 445. 473. No defect, error or omission in the form or svib-*^"°" stance of the notice or statement required by sections 456 and 457, or in the service, transmission or receipt thereof shall invalidate any subsequent proceedings for the recovery of the taxes. 1915, c. 16, s. 446. 474. The treasurer shall, by advertisement posted up inhale at least three public places in the city near to the distrained property, give at least seven days' public notice of the time and place of sale and of the name of the person whose prop- erty is to be sold, and at the time named in the notice the treasurer shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary. 1915, c. 16, s. 447. 475. If the property distrained has been sold for more ^g^u^^'^ of than 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 is 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. 1915, c. 16, s. 448. 476. If the claim is made b}^ the person for whose taxes Surplus, claim the property was distrained and the claim is admitted, the surplus shall be paid to the claimant. 1915, c. 16, s. 449. 477. If the claim is contested, the surplus shall be ^j^?^®^*^'' retained by the treasurer until the respective rights of the parties have been determined by action or otherwise. 1915, c. 16, s. 450. 478. If any of the taxes mentioned in the roll remain no^nooUec-"'^ unpaid on the thirty-first day of December in any year and ^^°^ the treasurer is not able to collect the same, he shall show opposite to each assessment the reason why he could noi collect the same by inserting in each case the words "non- resident" 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. 1915, c. 16, s. 451. 1282 Cap. 86 CITIES be^^eTfOT 479. JSTotwithstanding anything contained in this Act the city shall have, and shall be deemed always to have had, the power to recover all moneys due for taxes by suit as a debt owing to the city. 1915, c. 16, s. 452. Tax ^ 480. The treasurer or assessor shall on demand furnish and's^c^hes a Written statement of the arrears of taxes charged against any land at that date, certified under his hand, and whether such certificate be desired or not a charge shall be made of twenty-five cents per lot or parcel of consecutive lots in the same block and under the same assessment for every search made by a person other than the person taxed or his agent. 1915, c. 16, s. 453; 1917, c. 11, s. 18. Compromise and remissioa of taxes in certain cases 481. — (1) Incase: (a) any part of the area of the city has been subdivided in accordance with a registered plan, and assessed in lots or blocks according to such subdivision ; (6) the taxes upon the subdivision or any portion thereof remain unpaid after the expiration of the year for which such taxes were imposed ; and (c) it appears to the council that the subdivision or the portion upon which the taxes are in arrear is not required for building purposes and will not be developed in the immediate future; the council may, subject to the approval of the Local Govern- ment Board, compromise the claim of the municipality for the taxes in arrear, and remit so much thereof as it may deem expedient. (2) Save as provided in subsection (3), nothing herein contained shall apply to land which has been sold under The Arrears of Taxes Act, or aifect the rights or interests of purchasers or others in such lands. (3) Where land mentioned in subsection (1) has been sold under The Arrears of Taxes Act and the municipality has become the purchaser thereof, the council may exercise the powers given by the said first subsection, as in other cases. 1917, c. 11, s. 19. Provisiona may be adopted by bylaw SPECIAL PKOVISIONS. 483. Notwithstanding anything in this Act contained the council of a city may by bylaw to be passed on or before the first day of October in any year adopt the provisions herein- after in this section contained with regard to assessment and taxation, which provisions shall remain in force until the bylaw is repealed: CITIES Cap 86 128f 1. The assessment, iipon which the taxes for any year are Assessment to be based, shall be made and the assessment roll completed s^^'Decemb'er on or before the thirty-first day of December in the previous year ; 2. The assessor shall, on or before the twentieth day of Assessment m^ •' notices January, transmit by post to every person named on the assessment roll an assessment slip containing the particulars appearing in the roll with respect to such person ; 3. The court of revision shall sit to hear appeals from the Court of assessment on or before the tenth day of March; 4. The assessment roll with any amendments made shall Adoption of be adopted by the council on or before the fifteenth day of '^° March, and shall thereupon become and be the revised assess- ment roll of the city ; 5. The council shall in each year fix and levy the annual striking rate or rates as provided in section 446 on or before the*^^"**^ fifteenth day of April; 6. All appeals from the court of revision to the Local Appeals to Government Board shall be determined before the tenth day MBoarT' of April ; 7. The assessor shall prepare the tax roll as provided inTaxroU section 455 on or before the fifteenth day of May; 8. Taxes shall be payable twice a year in equal instal- .^''fnlt^^^*^'* ments, the first of such instalments to be paid on or before ""'"^^ the thirty-first day of July and the second on or before the thirty-first day of December, provided that local improve- ment taxes levied under bylaws passed in the current year may be added to the tax roll prepared pursuant to paragraph 7 at any time up to the first day of December, and shall be payable in one instalment on or before the thirty-first day of December. 1915, c. 16, s. 454; 1917, c. 11, s. 20. 483. — (1) In any case where a bylaw has been passed ^^^°^^°* ^"'^ making the taxes payable in instalments, the council may charge also by bylaw allow a discount for the payment of taxes or any instalment thereof on or before a day or days therein named, and may impose an additional percentage charge for nonpayment of such taxes or any class of taxes or any instal- ment thereof by a day or days named in such bylaw. (2) Ko percentage charge proportionately greater than one per cent, per month shall be imposed on any instalment of taxes or on the aggregate amount thereof ; and no discount exceeding five per cent, shall be allowed. (3) Such discount or additional charge may by the bylaw "be based upon a sliding scale corresponding with the length of time default is made. 1284 Cap. 86 CITIES Provisions as to assess- ment and taxation apply (4) The additional percentage charge shall be added to the unpaid tax or instalment thereof, and collected in like manner as if it had been originally imposed and formed part of such nnpaid tax or instalment. (5) 'No disconnt shall be allowed on local improvement taxes. (6) In case a bylaw is passed providing for payment by instalments or allowing a discount or imposing an additional percentage charge, a notice shall be given in accordance with sections 45 G and 457 on which shall be written or printed a concise statement of the time and manner of payment and of the discount allowed or the percentage charge imposed, if any. 1915, c. 16, s. 455. 484. Where the council has passed the necessary bylaw under section 482 or section 483, or both, all the provisions of this Act relating to assessment and taxation shall continue to apply under the procedure adopted, except in so far as they are inconsistent therewith. 1915, c. 16, s. 456. PART XII. Local Improvements. INTEKPRETATION. 485. In this Part : ••Bridge" 1. ''Bridge" shall include a viaduct, a culvert, a subway and embankment, and a pavement on a bridge ; '•Clerk- 2. "Clerk" shall include any person authorised or required by the council to perform any duty which under this Act is to be or may be performed by the clerk ; ••Constructing" 3. "Constructing" and "construction" shall include recon- structing and reconstruction, wholly or in part, when the lifetime of the work has expired; 4. "Corporation's portion of the cost" shall mean that part or proportion of the cost of a work which is not to be specially assessed ; 5. "Curbing" shall include a curbing of any material in or along a street, whether constructed in connection with or apart from the laying down of a pavement or sidewalk, or with or without a projection for the purpose of a gutter ; "Construe' tion" ' 'Corporation's portion of the cost" "Curbing" '•Engineer" 6. "Engineer" shall include a person authorised or required by the council to perform any duty which under this Act is to be or may be. performed by an engineer; CITIES Cap. 86 1285 7. "Frontage," when vised in reference to u lot abutting "^'■°°*«««" directly on a work, shall mean that side or limit of the lot which abuts directly on the work ; 8. "Lifetime," as applied or applicable to a work, shall "^"®*'°"®" mean the lifetime of the work as estimated by the engineer, or in case of an appeal as finally determined by the court of revision or the Local Government Board, as the case may be ; 9. "Lot" shall mean a subdivision or a parcel of land"^°*" which is required to be separately assessed ; 10. "Owner" shall mean the person appearing by the last "0«ner" revised assessment roll of the municipality to be the owner of land, and shall include a tenant for years, the unexpired term of whose tenancy including am- renewal thereof to which he is entitled extends for not less than the period dur- ing which the special assessment for the work is to be made, if by the terms of his tenancy he would be liable for the pay- ment of the special assessment for the work, but shall not include a person who is, or is assessed as, owner, where there is a tenant for years of the land, who is an owner within the meaning of this clause ; 11. "Owners' portion of the cost" shall mean that portion p^^^^^'^'j of the cost of a work which is to be si)ecially assessed upon *^^ <'°^*" the land abutting directly on the work or upon land imme- diately benefited by the work ; 12. "Pavement" shall include any description of pave-"^"'^^"**"''" ment or roadway ; 13. "Paving" shall include macadamising, planking and ^""^^^ the laying down or construction of any descri]ition of pave- ment or roadway and the construction of a curbing; 14. "Sewer" shall include a common sewer and a drain ; "^®^*''" 15. "Sidewalk" shall include a street crossing; "Sidewalk" 16. "Specially assessed" shall mean specially rated for or'^fj^f^fly charged with part of the cost of a work ; 17. "Street" shall include a lane, an alley, a park, a"^^''^'''" square, a public drive, and a public place, or a part of any of them ; 18. "Value" shall mean assessed value, exclusive of"^^'"^ buildings, according to the last revised assessment roll of the municipality ; 19. "Work" shall mean a work or service which may be'^^^'"''' undertaken as a local improvement. 1915, c. 16, s. 457. LOCAL IMPROVEMENT WORKS. 486. A work of any of the following descriptions may be ^ay^bV^'"'' nndertaken as a local improvement, that is to say : undertaken 1286 Cap. 86 CITIES Works undertaken in connection with sewer or pavement 1. Opening, widening, straightening, extending, gi-ading, levelling, macadamising, diverting, paving or planking any street or public lane, alley, way or place; 2. Constructing any sidewalk (which shall include any street crossing constructed in connection with a sidewalk), bridge, culvert, or embankment forming part of a highway; or 3. Curbing, sodding, boulevarding or planting any street or public lane, alley, square or other public place; 4. Making, deepening, enlarging or prolonging any com- mon sewer or water main and making sewer or water service connections ; 5. Constructing any conduit for wires or pipes along a roadway, street, lane, alley, square or other public place; 6. Reconstructing (but not merely repairing and main- taining) any of the said works during the originally esti- mated lifetime thereof; 7. Repairing and maintaining any of the said works only after the lapse of the originally estimated lifetime thereof; '8. Acquiring, establishing, laying out and improving a park or square not having a greater area than two acres, or a'puHic drive; '' " '' ni - 9. Erecting ornamental street lighting standards ; 10. Installing high presure water mains specially con- structed for the purposes of fire protection ; 11. Constructing and erecting on petition only, on any street or part of a street, equipment, plant and works for the purpose of supplying electric light or power, including stan- dards and undergTound conduits and wires, to the extent to which the cost of the same exceeds the cost of the equipment, plant and works which would otherwise be provided at the expense of the corporation at large ; 12. Such other work as may be approved of by the Local Government Board as proper to be undertaken as a local improvement. 1915, c. 16, s, 458. 487. — (1) Where the work is the construction of a pave- ment the council, before constructing it, may make all nec- essary private drain connections from an existing sewer to the street line on either or both sides, and may also lay all necessary water mains, and, where gas works are owned by the corporation, all necessary gas mains; It may also lay all necessary water service pipes and instal stopcocks, and may make all necessary alterations or renewals of said connections, pipes and stopcocks; and where gas works are owned by the corporation may lay all necessary gas connections and make alterations or renewals; CITIES Cap. 86 1287 Where the work is the construction of a sewer or water main, the council may at the same time as the work is pro- ceeded with, construct all necessary private drain connec- tions and water service pipes and stopcocks; The cost of private drain connections, water service pipes and stopcocks or gas connections, or the alteration or renewal thereof, shall be specially assessed only upon the particular lot for or in connection with which it was constructed or affected. (2) The works mentioned in subsection (1) shall be^.^^'^^ern^'*^ deemed part of the work of construction of the pavement, sfuction water main or sewer in all respects except as to the manner in which the cost of them is to be specially assessed as pro- vided by that subsection. (3) The amount to be assessed against each lot in respect ^sTeW of a private drain connection, water service pipe or gas con- nection shall be the cost thereof from the centre of the street to the street line, whether or not the sewer or water or gas main is laid in the centre of the street. 1915, c. 16, s. 459 ; 1916, c. 18, s. 25. 488 — (1) Where a sewer has been heretofore constructed, ?f°Jri^tf "^ the council, by a vote of two-thirds of all the members ^^^[^j^^'^^^j^^ thereof at any general or special meeting, may undertake o"* petition the construction of private drain connections from the sewer to the street line on either or both sides as a local improvement without any petition therefor, and the cost of each private drain connection shall be specially assessed upon the particular lot for or in connection with which it is con- structed, and the owners of the land shall not have the right of petition provided for by section 496, and the provisions of subsection (3) of section 487 shall apply. (2) Where a water main has heretofore been laid, the council shall have similar powers for the construction of water service connections, and the provisions of subsection (1) shall mutatis mutandis apply. 1915, c. 16, s. 460. 489. — (1) The council may, by a two-thirds vote of all f^^^^^^f^^^ the members thereof, require the owners of all property in the ^'"^t^"' ,. ^1 11 connections city, whether occupied or not, to connect such property by compulsory sewer and water connections approved by the city with the city system as now constructed or as the same may hereafter be extended from time to time ; and in default of the owner making such connections within the time limited for the pur- pose, the council may do the work and charge the expense against the property affected, and may collect the amount in the same manner as is adopted by the city for the collection of the cost of installing such water or sewer connection when made at the request of the property owner, or in any other manner decided upon by bylaw of the city. 1288 Cap. 86 CITIES (2) The provisions of this section shall apply only to property owners, a portion of whose land adjoins a street or lane along which a sewer or water main, as the case may be, has been laid adjacent to such land. 1915, c. 16, s. 461. Bylaws for undertaking works PEOCEBUEE FOE TJNDEETAKING WOEK. 490.^ — ■(!) A bylaw may be passed for undertaking a work as a local improvement: (a) on petition; or (h) without petition, on the initiative of the council, hereinafter called the initiative plan, except in the case of a park or square or public drive mentioned in paragraph S of section 486 ; or (c) on sanitary grounds, as mentioned in section 492; or (d) without petition, in the case mentioned in sections 488 and 491. (2) Instead of passing separate bylaws for each work, the council may pass one bylaw in respect of several works. 11)15, c. le! s. 462. Construction on two-thirds vote without petition •491. Notwithstanding anything to the contrary contained in this or any other x\ct or in any bylaw of the municipality, where the council determines aiul by bylaw, passed at any general or special meeting by a vote of two-thirds of all the members thereof, declares that it is desirable that the construction of a curbing, pavement, sidewalk, sewer or bridge, or the opening, widening, extending, gTadiug, altering the grade of, diverting or improving a street or the laying of a water main, should be undertaken as a local improvement, the council may undertake the work without petition, and the owners of the land shall not have the right of petition, pro- vided for by section 49(;. 1915, c. lO, s. 463. Construction of sewer on recommenda- tion of health a uthorities Publication of notice of intention 493. Where the council, upon the recommendation of the Commissioner of Public Health or of the board of health of the city, determines and, by bylaw passed at a regular or special meeting of the council by vote of two-thirds of all the members thereof, declares that the construction, enlargement or extension of a sewer as a local improvement is necessary or desirable in the public interest on sanitary grounds, the council may undertake the work without petition, and the owners of the land shall not have the right of petition pro- vided for by section 496. 1915, c. 16, s. 464. 493. — (1) Where it is intended to proceed under sections 488, 491 or 492, the council shall not be deemed to proceed on the initiative plan, but, before passing the bylaw for under- CITIES Cap. 86 1289 taking the work, shall cause notice of its intention, to be published in the following form, such, notice to be inserted once in each week for two weeks in at least one newspaper published in the city : Take notice that : 1. The council of the corporation of the city of intends to construct as a local improvement (describe the * work) on (or in) street, between (describe the points between which the work is io be constructed) and intends to specially assess a part of the cost upon the land abutting directly on the work {in case other land is to be especially assessed add) and upon the following land which is immedi- ately benefited by the work (describe the land) ; 2. The estimated cost of the work is $ , of which $ is to be paid by the corporation. The estimated special rate per foot frontage is . The special assessment is to be paid in annual instalments; 3. A petition against the work will not avail to prevent its construction. Dated City Clerk. (2) Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sections the form shall be altered to show the special rate per foot frontage in each district or section. Where more than one improvement is to be advertised, the several works may be referred to in a schedule, and the form may be other- wise altered to suit the case. 1915, c. 16, s. 465. 494. The petition for a work shall be signed by at least s^s^fJ'^^J^^^ tw^o-thirds in number of the owners representing at least one- petition half of the value of the lots liable to he specially assessed. 1915, c. 16, s. 466. 495. The petition may be acceded to by the council of Pf^*!^°^''teTby the current or next succeeding year either in respect of the succeeding whole or of a part of the work : Provided that part only of the local improvement asked for shall not be made unless the petition is sufficiently signed having regard only to the lands abutting on or benefited by, as the case may be, such part. 1915, c. 16, s. 467. .• 496. — (1) Where the council proceeds on the initiative J^°^*^if^'^e plan, notice of the intention of the council to undertake the publication .„ , iTi- and service work shall be given m the following form by publication of notice thereof once each week for two weeks in at least one news- paper published in the city : Ta,ke notice that: 1. The council of the corporation of the city of intends to construct (describe the ivork) on (or in) street between (describe the points- between which the work 1290 Cap. 86 CITIES When work may be wndertaken Contents of notice May coTcr different works Effect of petition against work Lot of petittMier described is to he constructed) as a local improvement and intends to specially assess a part of the cost upon the land abutting directly on the work (in case other land is to be especially assessed add) and upon the following land which is immedi- ately benefited by the work {describe the land) ; 2. The estimated cost of the work is $ , of which $ is to be paid by the corporation, and the estimated special rate per foot frontage is . The special assessment is to paid in annual instalments; 3. Persons desiring to petition against undertaking the work or any part thereof must do so on or before the day of 19 . Dated City Clerk. (2) Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sections the form shall be altered to show the special rate per foot frontage in each district or section. Where more than one improvement is to be advertised, the several works may be referred to in a schedule, and the form may be otherwise altered to suit the case. (3) Unless within two weeks after the last publication of the notice a majority of the owners representing at least one- half of the value of the lots which are liable to be specially assessed petition the council not to proceed with it, the work may be undertaken as a local improvement. (4) The notice shall be sufficient if it designates by a general description the work to be undertaken and the street or place whereon or wherein, and the points between which the work is to be effected, and the number of the instalments by which the special assessment is to be payable. (5) The notice may relate to and include any number of different works. 1915, c. 16, s. 468. 497. — (1) Where the council has proceeded on the initia- tive plan and has been prevented from undertaking a work by reason of a petition having been presented under the pro- visions of section 496 the council shall not proceed on the initiative plan with regard to the same work for a period of two years after the presentation of the petition. (2) Nothing in this section shall prevent the council from exercising the power conferred by sections 488, 489, 491 or 492. 1915, c. 16, s. 469. 498. There shall be set out opposite to every signature to the petition for or against a work a description of the lot of which the petitioner is the owner by its lot, block and plan number or such other description as will enable the assessor to identify it. 1915, c, 16, s. 470. CITIES Cap. 8(> 1291 ssor rmines 499. — (1) The sufficiencv of a petition for or against a \>^« work shall be determined by the assessor, and his determina-^ufruiency ^, •n 11 .'>t not itinn tion shall be evidenced by his certificate and when so evi- denced shall be final and conclusive. I petition (2) Where the sufficiency of a petition has been cleter- ';y,'.';^^3" mined by the assessor it shall be deemed to have been and to be a sufficient petition notwithstanding that changes may !)<• made by the court of revision or by the Local Governmoiit Board in the lots to be specially assessed which have th<' effect of increasing or reducing the number of the lots. (3) When it is necessary to determine the value of any ^^'',^j;f'^^°i°8 lot, and the same cannot be ascertained from the proper '"t^ assessment roll by reason of the lot not having been sepa- rately assessed, or for any other reason, the assessor shall fix and determine the value of such lot, and the value thereof as so fixed and determined shall be deemed for the purpose of this Act to be the assessed value thereof, and his deter- mination shall be final and conclusive. (4) Where a person who is, but docs not appear by the \'^^^\^^^ last revised assessment roll to be, the owner of land is a peti- p^^j^fjj^y tioner, he shall be deemed an owner, if his ownership is proved to the satisfaction of the assessor, and if the person who appears by the assessment roll to be the owner is a peti- tioner his name shall be disregarded in determining the suffi- ciency of the petition. (5) Where two or more persons are jointly assessed for a J^"*^ lot, in determining the sufficiency of a petition: (a) they shall be reckoned as one owner only; (h) they shall not be entitled to petition unless a majority of them concur and the signatures of an}' of them, unless the petition is signed by the major- ity, shall be disregarded in determining the suffi- ciency of the petition. 1915, c. 16, s. 471. 500. A petition for or against the undertaking of a work J^^^^^*^^^ shall be lodged with the clerk, and shall be deemed to be pre- derk sented to the council when it is so lodged. 1915, c. 16, s. 472. 501. N^o person shall have the right to withdraw his name withdrawal (• T 1TT1 111 •• J* 1 of Dame from from, and no name shall be added to, a petition alter the petition assessor has certified as to its sufficiency. 1915, c. 16, s. 473. HOW COST OF WORK TO BE ASSESSED. rate 503. — (1) Except as in this Act is otherwise expressly Frontage provided the entire cost of a work undertaken shall be specially assessed upon the lots abutting directly on the work, according to the extent of their respective frontages thereon, by an equal special rate per foot of such frontage sufiicient to defray such cost. 1292 Cap. 86 CITIES Items included iu cost (2.) The following items may be included in the cost of the work : (a) engineering expenses; (h) cost of advertising and service of notices; (c) interest on temporary loans; (t^) compensation for lands taken for the purposes of the work or injuriously affected by it and the expenses incurred by the corporation in connection with determining such compensation ; (e) the estimated cost of the issue and sale of deben- tures and any discount allowed to the purchasers of them ; (f) amount required to be raised for sinking fund and interest in respect of debentures during construc- tion. 1915, c. 16, s. 474. Corporation's portion of cost Surface drainage 503. — (1) There shall be included in the corporation's portion of the cost : (a) at least one-third of the cost of a sewer having a sectional area of moi-e than four feet ; and (h) so much of the cost of a work as is incurred at street intersections. (2) Where there is no provision for surface drainage by lueans of separate storm water sewers, there may also be included in the corporation's portion of the cost the entire cost of the culverts and other works in connection with a sewer or pavement which are provided and are required for surface drainage. 1915, c. 10. s. 475. Apportion- ment of cost of sewers 504.- — (1) Where the work is the construction of a sewer or the laying of a water main or both the council may, by a vote of two-thirds of all the members, provide that a certain sum per foot frontage shall be specially assessed upon the land abutting directly on the work and that the remainder of the cost 'shall be borne by the corporation. (2) The part of the cost to be borne by the corporation shall not be less than that which, under section 503 is to be included in the corporation's portion of the cost. 1915, c. 16, s. 476. Special frontage assessment 505. — (1) The council may by bylaw passed in any gen- eral or special meeting, by a vote of two-thirds of all the members of the council, provide that in all cases where the work is the construction of a sewer or the laying of a water main, a certain sum per foot frontage shall be specially assessed upon the land abutting directly on the work. CITIES Cap. 86 1293 (2) Sucli l)vla\v shall be passed oiilv upon a report of the ^„«J?^^,''^ city engineer certifying that in his opinion the sum to be fixed as a uniform frontage rate for sewors or for water mains, as the case may l)e, docs not exceed the snm whicli on the average might be fairly and equitably imposed in respect of that species of work on abutting property throughout the city, having regard to the provisions contained in sections 499 and 503. (3) Where such a bylaw has been passed, and while it is ^^';;'^«jrt^ifi°^°d*' in operation, in case the special assessment for any work affected by it exceeds the total cost of such work, the pro- ceeds of the special rate to the amount of the excess shall be placed in a general local improvement fund, and shall not be used for any other purpose than to meet the whole or a part of the corporation's portion of the cost of a work of similar character. (4) Such bylaw shall not be repealed except by a. vote of byTw ° two-thirds of all members of the council. (5) It is hereby declared that the council has always byiaw*^ " possessed the right to pass such a bylaw and where such a bylaw has hitherto been passed the same is declared to be valid and effectual for all ])urposes whether or not made upon the report of the engineer, provided it was passed by a majority of all the members of the council. 1915, c. 16, s. 477. ' 506 — (1) The council may, by bylaw passed at anyjj^^y^^^rt general or special meeting by a vote of three-fourths of all ofj^^^^^^^^ the members of the council, provide that such part as to the pavement council may seem proper of the cost of any or every gi-ano- lithic, stone, cement, asphalt or brick sidewalk, or of every pavement or curbing constructed as a local improvement which otherwise would be chargeable upon the land abutting directly on the work shall be paid by the corporation. (2) Such bylaw shall not be repealed except by vote of three-fourths of all the members of the council. 1915, c. 16, s. 478. 507 (1) In the case of corner lots and triangular or R^ducUon^of^, irregularly shaped lots situate at the junction or intersection «°'-"er lots of streets a reduction shall be made in the special assess- ment which otherwise would be chargeable thereon sufficient, having regard to the situation, value and superficial area of such lots as compared with the other lots, to adjust the assess- ment on a fair and equitable basis. (2) Where a lot is for any reason, wholly or in part, unfit L^^^H^ji^^g for building purposes, a reduction shall also be made in the purposes special assessment, which otherwise would be chargeable 1294 Cap. 86 CITIES How reduc- tion made Reduction borne by oity thereon, sufficient to adjust its assessment as compared with that of the lots fit for building purposes on a fair and equit- able basis. (3) The reduction shall be made by deducting from the total frontage of the lot liable to the special assessment so much thereof as is sufficient to make the proper reduction, but the whole of the lot shall be charged with the special assess- ment as so reduced. (4) The amount of any reduction made in the assessment of any lot under the provisions of this section shall not be chargeable upon the lots liable to be specially assessed, but shall be paid by the corporation. 1915, c. 16, s. 479. Assessment i>l cost of side- walk or ourb 508. Where the work undertaken is a sidewalk or curb- ing, only the land abutting on that side of the street upon which the work is constructed shall be specially assessed. 16, s. 480. 1915, c Aasesament of nonabuttiiiff land for cost of certain •ewers Apportion- ment of cost of bridge or opening of ftreet 509. — (1) Where the work is a sewer and in order to afford an outlet for the sewage for any land not abutting directly on the work or for the drainage of it, the sewer is of a larger capacity than is required for the purpose of the abut- ting land such other land may be specially assessed for a fair and just proportion of the cost of the work. (2) In the cases provided for by the preceding subsection, that part of the cost of the work for which the abutting land is to be specially assessed shall be assessed upon it in the maimer provided by section 502, and that part of the cost for which such other land is to be specially assessed shall be assessed upon it in the manner provided by sections 511 and 512. (3) When the work is the construction of a sewer, and for the purpose of affording an outlet therefor the sewer is car- ried along a street or place where, owing to the peculiar posi- tion of any lot or parcel of land abutting thereon, or to the absence of buildings thereon, such sewer would not have been carried except as a means of affording an outlet, such lot or parcel of land may be exempted from payment of any special assessment in respect of such sewer either for the whole or a part of the term of the special assessment, or from the pay- ment of the whole or a part of the proportionate cost thereof, as shall appear just under the circumstances. 1915, c. 16, s. 481. 510 (1) Where the work is the construction of^ a bridge or the opening, widening, extending, grading, altering the grade of, diverting or improving a street, and the coun- cil is of the opinion that for any reason it would be inequit- able to charge the cost of the work on the land abutting CITIES Cap. 86 1295 directly thereon, the council may provide for the payment by the corporation of such part of the cost as to the council may seem just, and so much of the residue thereof as may seem just may be specially assessed upon the land abutting directly on the work, and so much of such residue as may seem just on such other land as is immediately benefited by the work. (2) In the case provided for by the preceding subsection Method of that part of the cost of the work for which the abutting land '''"'''^""''' is to be specially assessed shall be assessed thereon in the manner provided by section 502, and that part of the cost for which land not abutting directly on the work is to be specially assessed shall be assessed thereon in the manner provided by sections 511 and 512. 1915, c. 16, s. 482. 511. Where land not abutting directly upon a work is to Assessment be specially assessed, if the whole of it is equally benefited, lynlttiuK land the portion of the cost to be borne by such land shall be b,'.llpfifed specially assessed upon the lots according to the extent of their frontage by an equal special rate per foot of such frontage. 1915rc. 16, s. 483. 513. Where land not abutting directly upon a work is to Assessment be specially assessed, and the whole of it is not equally bene- abiTdng land fited, such land shall be divided into as many districts or"en^fife'(f sections as there are different proportions of benefit so thai a district or section shall embrace all the land which will be benefited in the same proportion, and its proper portion of the cost shall be assigned to each district or section, and the portion of the cost to be borne by each district or section shall be specially assessed on the lots therein according to the extent of their frontage by an equal special rate per foot of such frontage. 1915, c. 16, s. 484. 513. — (1) Where the work is a high pressure water Assessment for main specially laid for purposes of fire protection, the coun- fft'er^mlin'^'^ cil may provide for payment by the corporation of such part of the cost as may seem just, and the residue may be assessed against the land specially benefited by the work in such pro- portions as each parcel of land and buildings bears to all the land and buildings specially benefited. (2) In such case, without changing the total amount of the special assessment, the special assessment on each parcel of land may be varied from year to year so that it shall bear the same proportion to the total special assessment as the assessment on such parcel of land and buildings according to the last revised assessment roll bears to the total assessment for the year on all parcels of land and buildings covered by the special assessment. 1915, c. 16, s. 485. 1296 Cap. 86 CITIES Apportion- ment of rate in case of subdivision 51-4. In case there has been or shall hereafter be a change of plan of subdivision, or a division of the ownership of any parcel or parcels of land upon or in respect of which a special rate for local improvement has been or shall hereafter be levied or assessed, the assessor, both in respect to arrears and also to the special rate for future years may apportion to and against each respective part of the original parcel or parcels of land such proportion or share of the sum originally assessed against the same as he shall deem just, and the sum or sums so reapportioned shall be levied and collected as if they had in the original bylaw been assessed against the par- cels according to the resubdivision or division ownership, 1915, c. 16, s". 486. Ascertaining proportions of cost Sewer and water connections Payment when work done •515. The council mav make bvlaws for i)rovidiuii the means of ascertaining and finally determining what portion of the cost of a local improvement shall be raised by special assessment, and what portion shall be borne by the munici- pality at large; and, in case of a special assessment, what lands shall be assessed in an exceptional mode as herein- before provided and the mode to be adopted ; and, where a portion of the cost is to be assessed upon land not abutting directly upon the work, in what proportions the assessment is to be borne by the several lauds affected ; and it is hereby declared that bylaws of general application may be passed for the said purposes, and that it shall not be necessary tO' pass a special bylaw in each particular instance. 1915^ c. 16, s. 487. 516. — (1) The council may pass bylaws providing for the construction of sewer and water connections from the main sewer or main water pipe, as the case may be, to tue street line, upon the written request of the owners of abutting land, and for assessing the cost of such connections against the properties affected. (2) The council may, for the purpose of paying for such connections in the first instance, and before am- of the work is undertaken, borrow money on the credit of the municipal- ity at large and issue debentures therefor. (3) Tt shall not be necessary to pass bylaws imposing special assessments ujwn the individual properties connected, but such assessments may be made under the terms of a bylaw of general application. (4) The amount to be assessed against each lot in respect of a private drain connection or water service pipe shall be the amount mentioned in section 487, subsection (3). 1915, e. 16, s. 488. 51 T (1) In every case in which the council constructs private drain connections or private water service connec- tions whether under the provisions of section 487, section CITIES Cap. 8 6 1297 488, section 489 or section 51G, the council may require or permit the cost of such connections to be paid when the work is done instead of sprcadina' the ])a,vmont over a period of years, or may provide for collection of the amount in any other manner decided upon by bylaw. (2) Subsection (1) shall apply notwithstanding that the work, having been done under the provisions of section 487, is deemed part of the work of construction of a pavement or sewer or water main, and that repayment of the cost of such construction has been spread over a number of years. 1916, c. 18, s. 26. 518. Before a special assessment is imposed, the council ^P®°^j|,g^^ shall procure to be made a special assessment roll, in M'hich'"<'"P'«P'''*<* shall be entered: (a) every lot to be specially assessed in respect of the owner's portion of the cost, the name of the owner and the number of feet of its frontage to be so assessed ; (6) every lot which, but for the provisions of section 531, would be exempt from the special assessment and the number of feet of its frontage ; (c) the rate per foot with which each lot is to be assessed ; {d) the number of instalments by which the special assessment is to be payable. 1915, e. 16, s. 489. APPEAL AGAINST SPECIAL ASSESSMENT. 519. — (1) There shall be a right of appeal against every Appeal proposed special assessment to the court of revision, and further to the Local Government Board 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. (2) Ten days' notice of the time and place of the sittings Notice of of the court of revision shall be given by publication, and at court of least fifteen days before the day appointed for the sittings a ^^"•'^^^°^ notice shall be mailed to the owner of every lot proposed to be specially assessed, in the following form : Take notice that : 1. The council of the corporation of the of has constructed as a local improvement {describe the ivorh) on {or in) street between {describe the points between which the irorl- has been constructed) ; 2. The cost of the work is $ . of which $ is to be paid by the corporation. The special rate per foot front- age is . The special assessment is to be paid in annual instalments; vision 1298 Cap. 86 cities 3. The estimated lifetime of the work is years ; 4. A court of revision will be held on the day of 19 , at o'clock at the {insert place of vieeting) for the purpose of hearing complaints against the proposed assess- ments or the accuracy of frontage measurements and any other complaint which persons interested may desire to make and which is by law cognisable by the court. Dated Assessor. (3) Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sections the form shall be altered to show the special rate per foot frontage in each district or section. 1915, c. 16^ s. 490; 1916, c. 18, s. 27. ^xTrt'^^f^/e- 530. — (1) The court of revision shall have jurisdiction and power to review the proposed special assessment and to correct the same as to all or any of the following matters : (a) where the owners' portion of the cost is to be specially assessed against the land abutting directly on the work, as to the following matters : (i) the names of the owners of the lots; (ii) the frontage or other measurements of the lots ; (iii) the amount of the reduction to be made under the provisions of section 507 in respect of any lot; (iv) as to the lots which, but for the provisions of section 531, would be exempt from special assessment; and (v) as to the rate per foot with which any lot is to be specially assessed ; (5) where part of the owners' portion of the cost is to be specially assessed on land not abutting directly on the work, in addition to the matters mentioned in clause (a), as to the lots other than those abut- ting directly on the w^ork which are or will be immediately benefited by it, and as to the special assessment which such lots should respectively bear ; (c) in all cases as to the actual cost of the work. (2) The court of revision shall not have jurisdiction or authority to review or to alter the proportions of the cost of the work which the lands to be specially assessed and the corporation are respectively to bear according to the provi- sions of the bylaw for undertaking the work. CITIES Cap. 8 6 1299 (3) In case the assessment of any party is decreascil or increased on appeal, the conrt may raise or lower propor- tionately the assessment of other parties assessed without further notice. 1915, c. 16, s. 491. 531 (1) Where it appears to the court of revision that Acij?_"^nied any lot which has not been specially assessed should be specially assessed ; before finally determining the matter the court shall adjourn its sittings to a future day and shall cause notice to be given to the owner of such lot of the time and place when the adjourned sittings will be held. (2) Such notice shall be in the form given in section 519, with the substitution of the following paragraph for para- gi-aph 4: ''4:. You are served with this notice because the court of revision is of opinion that your lot though not specially assessed should be specially assessed in respect of the owner's portion of the cost of the work, and an adjourned sittings of the court, will be held on the day of 19 . at o'clock at the (insert place of meeting) when the matter will be deter- mined by the court." (3) The notice shall be mailed at least six days before the time fixed for the adjourned sittings. (4) If the court of revision determines that any such lot ought to be specially assessed, the court shall have jurisdic- tion and power to fix and determine the amount of the special assessment thereon. 1915, e. 16, s. 492. 533. The assessor shall make such corrections in the when roii special assessment roll as are necessary to give effect to the ^ decisions of the court of revision, and the roll when so cor- rected shall be certified by the assessor, and when so certified, except in so far as it may be further amended on appeal to the Local Government Board, such assessment roll and the special assessments shall be valid and binding upon all per- sons concerned and upon the land specially assessed, not- withstanding any defect, error or omission therein or an;y defect or error in the bylaw for undertaking the work or in any notice given or proceeding taken or the omission of any proceeding or thing which ought to have been taken or done before the passing of the bylaw for undertaking the work or thereafter down to and including the completion of such revision. 1915, c. 16, s. 493. 533. — (1) The owner of a lot specially assessed may Appeal to appeal to the Local Government Board from any decision ol Government ,^^ , „ . . •" Board the court of revision. Vol 1 1- 6. 1300 Cap. 86 CITIES (2) The provisions of this Act as to appeals to the board from the court of revision with respect to an ordinary assess- ment shall apply, as nearly as may be, to an appeal under the provisions of this section. (3) The board shall have the like jurisdiction and powers as are conferred on the court of revision by section 520, and the provisions of section 521 shall apply where it appears to the board that any lot not specially assessed ought to be so assessed. 1915, c. 16, s. 494. Temporary loans Issue of debentures Certain provisions apply Contents of bylaw BOKROWIIN^G POWERS. 534 (1) The council may agTee with any bank or per- son for temporary advances to meet the cost of the work pending the completion of it and may give as security for any such loan treasury bills, temporary debentures or similar forms of obligation, signed by the mayor and treasurer ; and may from time to time, pending the issue and sale of deben- tures pass bylaws for extending the loan and renewing or extending such bills, debentures or other obligations, whether original or renewal, notwithstanding that the work for which the advances were made has been completed. (2) The council may, when the work undertaken is com- pleted, borrow on the credit of the corporation at large such sums as may be necessary to defray the cost of the work undertaken, including the corporation's portion of the cost, or to repay temporary advances incurred to meet the cost of such work pending completion and may issue debentures for the sums so borrowed. (3) The provisions of this Act as to bylaws for creating debts shall apply to bylaws passed under the authority of subsection (2), except that it shall not be necessary: (a) that the bylaw be submitted to or receive the assent of the burgesses; (&) that any rate be imposed for the payment of so much of the principal sum borrowed as represents the owmers' portion of the cost or of the interest thereon, other than the special rate per foot front- age imposed to meet it ; and except that the debentures, save as provided by section 527, shall be payable within the lifetime of the work. (4) Every bylaw for raising that portion of the cost which is payable by way of special assessment, or any part thereof, shall state by recital or otherwise : (a) the amount of the debt which such bylaw is intended to create, and in general terms the object for which it is to be created; CITIES Cap. 86 1301 (b) the total amount required to be raised annually for paying the debt and interest under the bylaw, and whether the whole or if not what portion thereof is payable by way of special assessment; (c) the total value of the land charged with the special assessment, and if any portion of the debt created by such bylaw is to be borne by the city at large the value of the whole rateable property of the city according to the last revised assessment roll; (d) that the debt is contracted on the credit and security of the city at large. (5) The special rates imposed for the owners' portion of ^p^^/J^Jj^ the cost shall form a special fund for the payment of the *'^^f^^' debentures issued under the authority of subsection (2), and the interest thereon, and shall not be applicable to or be applied for any other purpose. (6) If in any year the amount realised from the special ^ggf^^J/g^** rate imposed to provide for the owners' portion of the cost gp^J^,^,*" and interest is insufficient to pay the amount falling due in rate such year in respect of so much of the debentures as represent the owners' portion of the cost, the council shall provide for the deficiency in the estimates for the following year and levy and collect the same by a general rate, but this shall not relieve the land specially assessed from the special rate thereon. (7) The amount borrowed under the provisions of sub- pj^®"^ '^^^ section ( 2 ) , in respect of the owners' portion of the cost, ggbenture shall not be deemed to be part of the existing debenture debt fiebt of the corporation within the meaning of section 311. (8) Instead of borrowing the amount of the corporation's ^-^ortwn^S""' portion of the cost of a work undertaken the council may eluded in include the same in the estimates of the year. 1915, c. 16, estimates s. 495. 535. — (1) Notwithstanding anything hereinbefore con- |^|^®|^*'j^^ tained, the council may, on or before the first day of June in any year, make an estimate of the sums required to meet the cost of local improvements intended to be undertaken during the year; and may, by bylaw which need not be referred to the burgesses, authorise the issue and sale of debentures for the purpose of raising the whole or any portion of such estimated cost before proceeding with the work or before completion, and without providing for special assess- ments. (2) Such bylaw shall provide that the amount shall be borrowed on the credit and security of the city at large. (3) The debt may be made payable in any one of the manners authorised by section 315, and the dolx'ntures shall 1302 Cap. 86 cities bear such rate of interest, not exceeding six per cent, per anmun, as the council may by the bylaw direct. (4) The amounts levied annually by special assessment under individual local improvement bylaws, jmssed for the purpose of recouping to the city the property's share of the cost, shall be deducted from the amount required to be raised under the general loan bylaw, and the balance only which remains after such deduction shall be provided by general rate. (5) Pending the completion of the respective works included in the estimate and the passing of bylaws imposing special assessments therefor, interest and sinking fund or instalments of principal and interest, as the case may be, may be paid out of the proceeds of the sale of the deben- tures, or out of the proceeds of temporary loans. (6) The bylaw may provide for extending the time for payment of the debt in any one of the said methods for a period of thirty years, notwithstnnding that the specinl assessments to be made for recouping the city the cost of the local improvements may, according to the different classes of work, be payable at one or more different periods. (7) The council shall possess a discretion as to whether it shall consolidate the debt created in one year by one or more such bylaws. (8) Where debentures are issued upon an estimate as provided by this section, individual bylaws imposing special assessments for the different works included in the estimate shall be passed subsequently, but such bylaws shall not be passed until the respective works are completed and the actual cost ascertained. (9) When the sums realised from the special rate imposed under any individual bylaw for a portion of the debt have reached an amount sufficient to discharge such portion, the money may, pending the maturity of the debentures, be invested in any of the securities authorised for the invest- ment of the sinking fund. (10) If the council's estimate of the cost of local improve- ments shall in any year prove to be less than the total cost of such works deemed necessary in such year, the council may nevertheless proceed with the works and include the amount of the unprovided balance in an estimate for the following year. (11) Should the amount raised for local improvements in any year exceed the cost of the improvements, the unex- pended balance may be used for a similar purpose in the following year. CITIES Cap. 86 1303 1^12) Nothing iu subsections (1) to (11) contained shall aft'ect the procedure for initiating local improvements, the manner of imposing special assessments therefor according to the respective characters of the works, the times fixed for payment of such assessments or the provisions as to appeals. (IS) The provisions of subsections (3), (5), (6) and (7) of section 524 shall apply mutatis mutandis and so far as they are not inconsistent with the express provisions of this section, to bylaws passed and debts incurred under this section. 1915, c. 16, s. 496. 536. — (1) Where two or more works have been con- Consolidation structed and the bylaws provided for by subsection (2) of ° ^^"^^ section 524 have been passed, instead of borrowing the separate sums thereby authorised to be borrowed and issuing debentures therefor, the council by bylaw, hereinafter called the consolidating bylaw, may provide for borrowing the aggregate of such separate sums and for issuing one series of debentures therefor. (2) The consolidating bylaw shall show by recitals or otherwise in respect of what separate bylaws it is passed. (3) It shall not be necessary that the consolidating bylaw shall impose any rate to provide for the payment of the debentures issued under it or the interest thereon, but the rates imposed by the separate bylaws shall be levied, collected and applied for that purpose. (4) Instead of passing a bylaw under section 524 in respect of each individual work, the council may pass one bylaw in respect of several works, giving in such bylaw in respect of each work substantially the same information as would be given in several bylaws respecting such works, and may provide in such bylaw for borrowing the aggregate cost of such several works and for issuing one series of deben- tures therefor. 1915, c. 16, s. 497. 537. — (1) The council shall impose upon the land liable Annuaiin- therefor the special assessment with which it is chargeable sp^TaT* "^ in respect of the owners' portion of the cost, and the same shall be payable in such annual instalments as the council shall prescribe, but not so as to extend beyond the lifetime of the work unless the work is of the class prescribod in clause (8) of section 486, in which case the annual instal- ments may extend over a period of not more than 40 years. (2) In fixing the amount of the annual instalments a sum sufficient to cover the interest shall be added. (3) The council may also either by general bylaw or by a bylaw applicable to the particular work prescribe the terms and conditions upon which persons whose lots are specially assessed may commute for a payment in cash the special rates imposed thereon. assessn.ent 1304 Cap. 86 CITIES Provisions to apply to collection and recovery (4) Sums paid under subsection (3) shall be invested in securities mentioned in section 358, provided that from the interest earnings shall be paid an amount sufficient to paj interest on the amount of the debentures issued with respect to the levy on properties on which the debentures were issued, and from the principal an amount sufficient to pay the necessary amount into the sinking fund account, or that portion of the principal accruing due during the year. 1915, c. 16, s. 498; 1918-19, c. 34, s. 23. 538. The provisions of this Act as to the collection and recovery of taxes and the proceedings which may be taken in default of payment thereof shall apply to the special assessments and the special rates imposed for the payment of them. 1915, c. 16, s. 499. Where assess- ments irregular new assess- ments may be made When assess- ment con- firmed bylaw not quashed Obligations under illegal bylaw binding Amending bylaw 539.- — (1) If a debt has been incurred by the corporation for or in respect of a work undertaken before the passing of this Act and after the incurring of the debt, the special assessment for the work is found or adjudged to be invalid or the bylaw for borrowing money to defray the cost of the work is quashed or set aside, either wholly or in part, by reason of any irregularity or illegality in making such assess- ment or in passing such bylaw, the council shall cause a new assessment to be made or may pass a new bylaw when and so often as may be necessary to provide the money required to be raised to discharge the debt so incurred. (2) In the case of a work undertaken after the passing of this Act, if the special assessment in respect of it has become confirmed under the provisions of section 522, no bylaw for borrowing money to defray the cost of the work or for imposing the special assessment shall be quashed, set aside or adjudged to be invalid by reason of its illegality or of any defect in it, but the court in which any proceeding for quashing, setting aside or declaring to be invalid the bylaw is taken shall, on such terms and conditions as to costs and otherwise as may be deemed proper, direct the council to amend or repeal such bylaw and, where a repealing bylaw is directed, to pass a new bylaw in proper form in lieu of the repealed bylaw, and it shall be the duty of the council to pass such bylaw or bylaws accordingly. (3) Every liability or obligation incurred and every debenture issued by the corporation under the authority of any such defective or illegal bylaw shall be as effectual and as binding ns if the amending or new bylaw directed to be passed had been passed and was in force at the time such liability or obligation was incurred or such debenture was issued. (4) Although no proceeding has been taken to quash, set aside or declare invalid the bylaw the council may of its CITIES Cap. 86 1305 own motion and, if required by any person to whom it has incurred any liability on the faith of the bylaw, shall pass such amending or new bylaw as may be necessary to make effectual • and binding the liability so incurred and any debenture issued under the authority of such bylaw, and the provisions of subsection (3) as to the effect of an amending or new bylaw shall apply to any bylaw so passed. 1915, c. 16, s. 500. REPAIR OF WORK. 530. After a work undertaken has been completed it shall g^^^^^p^** during its lifetime be kept in repair by and at the expense "f "^y of the corporation. 1915, c. 16, s. 501. ASSESSMENT OF LAND EXEMPT FROM TAXATION. 531. Land exempt from taxation for local improvements ^*g°f^jj under any general or special Act shall nevertheless, for all assessed purposes except petitioning for or against undertaking a work, be subject to the provisions of this Act and shall be specially assessed; but the special assessments imposed thereon which fall due while such land remains exempt shall not be collected or collectible from the owner thereof unless there has been a previous agreement to the contrary with such owner, but shall be paid by the corporation. 1915, 16, s. 502. MISCELLANEOUS. 533. The special assessment and the special rates charged Special rates or chargeable upon land for or in respect of the cost of any fncumbrances work undertaken, whether upon petition or otherwise, except so much of them as is in arrear and unpaid, shall not, as between a vendor and a purchaser, or as respects a covenant against incumbrances, or for the right to convey, or for quiet possession free from incumbrances, be deemed to be an incumbrance upon the land upon which the special rate is charged or chargeable. 1915, c. 16, s. 503. 533. — (1) Proceedings for undertaking a work begun by Work may one council may be continued, and the work may be begun, by succeeding continued and completed by a succeeding council. (2) Where proceedings have been taken before the passing of this Act the same may be continued and completed under the provisions of the law as it previously stood, but sections 524 and 526 shall apply to the work when completed. 1915, c. 16, s. 504. 534. The Local Government Board mav aijprove of forms lorai ^11 ,. 1,1 T ", 1 1 • Government ot bylaws, notices and other proceedings to be passed, given Board may or taken under or in carrying out the provisions of this Act, ^'^^^"^^ and no bylaw, notice or other proceeding which is in sub- 1306 Cap. 86 CITIES Rebatine special assessments stantial conformity with the form so approved shall be open to objection on the ground that it is not in the form required by the provisions of this Act applicable thereto; but the use of such forms shall not be obligatory. 1915. c. 16, s. 505. .">.*>5.- — ( L) In case a special assessment has been imposed before the passing of this Act in respect of the estimated cost of a local improvement, but the work has not been done and no debentures have been sold in respect thereof and the council desires to abandon the same, the council may by a ])ylaw passed by two-thirds of all the members repeal the local iuiprovement bylaw, cancel the special assessment and refund to the owners the several amounts paid by them on account thereof with legal interest. (2) Such abandonment and cancellation shall in no way affect the right of the council to pass another bylaw" in respect of such improvement at any future time, on complying with the provisions of this Act prescribing the procedure to be followed. 1915. c. 16, s. 506. Control of highways within the city PAET XIII. Highways and Public Places. 536. All public roads, streets, bridges, highways, lanes, alleys, squares or other public places in a city shall be subject to the direction, management and control of the council for the public use of the city. 1915, c. 16, s. 507. Without the rity Closing, etc., of stri-ets 537. The Lieutenant Governor in Council may by order in council direct that any highway, bridge or stream not wholly within the city limits, or any part of such highway, bridge or stream, shall be subject to the direction, manage- ment and control nf the council for the public use of the city. 1915, c. 16, s. 508. 538 — (1) The city may pass bylaws for closing and selling or leasing any public highway the fee whereof is not vested in the Crown, or any public highway the fee whereof is vested in the Crown provided that the consent of the Minister of Highways has been first obtained. (2) J^o such bylaw shall be passed: (a) unless at least two weeks' notice of the intention of the council to pass the same be given by regis- tered letter to all persons who are either registered or assessed as owners of the lands abutting upon the portion of hiaihway so proposed to be closed and sold or leased ; nor CITIES Cap. 86 1307 (b) unless such notice is advertised previous to the passing of the bylaw in some newspaper published in the city at least once each week for two succes- sive weeks; nor (c) until any person who claims that his land will be injuriously affected thereby, and petitions to be heard, has boon afforded an opportunity to be heard by himself or his agent in relation to the proposed bylaw. (3) Any such person so claiming, petitioning and appear- ing shall be entitled to be compensated for all damage caused to his land by reason of anything done under the bylaw; such compensation to be determined in the same manner and subject to the same conditions as in the cases provided for by sections 379 to 407. 1915, c. 16, s. 509 ; 1917, c. 11, s. 21. 539. — (1) Every public road, street, bride-e, hiiihwav. Responsibility 11 ,1 1 T 1 1 • 1 T ^ • ' for repairs square, alley or other public place subject to the direction, management and control of the council, including all cross- ings, sewers, culverts and approaches, grades, sidewalks and other works made or done therein or thereon by the city or by any person with the permission of the council, shall be kept in repair by the city, and on default of the city so to keep the same in repair, the city, besides being subject to any punishment provided by law, shall be civilly responsible for all damage sustained by any person by reason of such default. (2) This section shall not apply to any road, street, bridge, alley or square, crossing, sewer, culvert, sidewalk or other work made or laid out by a private person until the same has been established as a public work by bylaw or otherwise assumed for public use by the corporation. (3) The city shall not be liable for damages under this section unless the person claiming the same has suffered by reason of the default of the corporation a particular loss or damage beyond what is suffered by him in common with all other persons affected by the want of repair. (4) ISTothing herein contained shall cast upon the city any obligation or liability in respect of acts done or omitted by persons exercising powers or authorities conferred upon them by law, and over which the city has no control, where the city is not a party to such acts or omissions and where the authority under which such persons proceed is not a bylaw, resolution or license of the council. 1915, c. 16, s. 510. 540. Except in case of negligence a corporation shall not Snow and ic« be liable for personal injury caused by snow or ice upon a sidewalk. 1915, c. 16, s. 511. 1308 Cap. 86 CITIES titfeemoi\hs° 541. No action shall be brought against a corporation for the recovery of damages occasioned by default in its duty of repair as mentioned in section 539, whether the want of repair was the result of nonfeasance or misfeasance, after the expiration of three months from the time when the damages were sustained. 1915, c. 16, s. 512. Notice of claim 543. No action shall be brought for the recovery of such damages unless notice in wi'iting of the claim and of the injury complained of has been served upon or sent by regis- tered post to the mayor or city clerk within thirty days after the happening of the injury. 1915, c. 16, s. 513; 1916, c. 18, s. 28. Case of death 543. In case of the death of the person injured, failure to give such notice shall not be a bar to the action; and, except where the injury was caused by snow or ice upon a sidewalk, failure to give or insufficiency of the notice shall not be a bar to the action, if the court or judge before whom the action is tried is of opinion that there is reasonable excuse for the want or insufficiency of the notice and that the corporation was not thereby prejudiced in its defence. 1915, c. 16, s. 514; 1916, c. 18, s. 29. Mumcipahtiea 544. — (l) Where the city and an adiacent municipality liable jointly • . n t ^ ^ j: i • • • IT 1 + * are jointly liable lor keeping m repair a public road, street, bridge, stream or other highway, there shall be contribution between them as to the damages sustained by any person bv reason of their default in so doing. (2) An action by any such person shall be brought against all such corporations jointly and any of them may require that the proportions in which damages and costs recovered in the action are to be borne by them shall be determined therein. (3) In settling such proportions, either in the action or otherwise, regard shall be had to the extent to which each ■ corporation 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. 1915, c. 16, s. 515; 1916, c. 18, s. 29. No liability on oflBcer of city ,545 (1) Where an action may be brought against the city by any person who has suffered damages by reason of the default of the city in keeping in proper repair any public road, street, bridge, highway, square, alley or other public place, no action shall be brought in respect of such damage against any member of the council or officer or employee thereof personally, but the remedy therefor shall be wholly against the city. CITIES Cap. 86 1309 (2) This section shall not affect the liability of a mere contractor with the city, nor of any officer or employee of any such contractor, by reason of whose act or neglect the damage was caused. 1915, c. 16, s. 516. 546. Where an action is brought to recover damasres City's sustained by reason of any obstruction, excavation or opening in action in or near to a 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 city, or by reason of any negligent or wrongful act or omission of any person other than a servant or agent of the city, the city shall 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 citv. 1915, c. 16, s. 517. same action 547. The city shall be entitled to such remedy over in the ^" tsame action if the other party is a party to the action ; and if it is established in the action as against him that the damages were sustained by reason of an obstruction, excavation or opening placed, made, left or maintained by him. 1915, c. 16, s. 518. 548. The city may in such action have the other person Party added as a party defendant or third party if not already a*^^^" *° defendant, for the purposes of the remedy over, and the other person may defend such action as well against the plaintiff's claim as against the claim of the city 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. 1915, c. 16, s. 519"! 549. If such person is not a partv defendant or is not i° separate action added as a party defendant or third party, or if the city has paid the damages before an action is brought to recover the same or before recovery in an action against the corporation, the city shall have a remedy over by action against such person.' 1915, c. 16, s. 520. 550. Such other person shall be deemed to admit the Admisaion validity of the judgment, if any, obtained against the city party's only where a notice has been served on him pursuant to the provisions of The King's Bench Act or of any rules of court made thereunder, or where he has admitted or is estopped from denying the validity of such judgment. 1915, c. 16, s. 521. 551. Where such notice has been served and there has Nonadmiasioa been no such admission or estoppel, and the other person has not been made a party defendant or third party to the action 1310 Cap. 86 CITIES against the city, or when damages have been paid witliout action or without recovery of judgment against the city, the liability of the city for such damages, and the fact that the damages were sustained under such circumstances as to entitle the corporation to the remedy over, must be established in the action against such person to entitle the city to recover in the action. " 1915, c. 16, s. 522. PART XIV. Pkights as in proceedings Notice of action in certain cases Tender ot amends Limitation of period of liability Actions by and against City. 553. Where duties, obligations or liabilities are imposed hv law upon any person in favour of the corporation or the inhabitants or some of the inhabitants of the city, or where contracts or agreements are or have heretofore been entered into imposing such duties, obligations or liabilities, the city shall have the right by action to enforce the same and to obtain as complete and full relief and remedy as could have been obtained by the Attorney General as plaintiff or as plaintiff upon the relation of any person interested, or in an action by such inhabitants or one or more of them on his or their own behalf or on behalf of himself or themselves and of snch inhabitants. 1915, c. 16, s. 523. 553. No action shall be brought for anything done under a bylaw or resolution which is illegal in whole or in part until one month after the bylaw or resolution or the illegal part thereof 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 city; and every such action shall be brought against the city alone and not against any person acting under the bylaw or resolution. 1915, c. 16, s. 524. 554. In case the city or the commissioners tender amends to the plaintiff or his solicitor, if such tender is pleaded and no more than the amount tendered is recovered, the plaintiff shall have no costs but costs shall be taxed to the defend uit on such scale as the presiding judge may direct, and shall l>e set off against the amount recovered, and the balance duo to either party may be recovered as in ordinary cases. 1915. c. 16, s. ^"'' 525. 555. In cases not otherwise provided for. no action shdl be brought against the city for the recovery of damages after the expiration of three months from the time when the damages were sustained, unless, upon application to a judae of the Court of King's Bench made not later than one year from such date, and after seven days' notice to the city, the indffe allows the claim to be made. 1917, c. 11, s. 22. CITIES Cap. 86 1311 EXECUTIONS AGAINST CITIES. 556. Any writ of execution agkinst a city may be indorsed Procedure on with a direction to the sheriff of the judicial district in execution which the city is, to levy the amount thereof by rate and Ifandr^'^ the proceedings thereon shall be as follows: 1. The sheriff shall deliver a- copy of the writ and indorse- Copy ment to the city clerk with a statement in writing of the to city clerk amount required to satisfy such execution, including the amount of interest calculated to some day as near as is con- venient to the day of the service, and sheriff's fees ; 2. If the amount, with interest thereon from the day men- Execution tioned in the statement, is not paid to the sheriff within '"**^ thirty days after such delivery, the sheriff shall examine • the assessment roll of the city and shall, in like manner as rates are struck for general city purposes, strike a rate sufficient in the dollar to cover the amount claimed as afore- said 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 bo available : 3. The sheriff shall thereupon issue a precept under his sheriff's hand and seal of office directed to the city treasurer and ma^rer° shall annex thereto the roll of such rate, and shall by such precept, after reciting the writ and that the city has neglected to satisfy the same and referring to the roll annexed to the precept, command the city treasurer to levy such rate at the time and in the manner by law required in respect of the general annual rates ; 4. At the time for levying the annual rates next after the Levy of receipt of such precept, the city treasurer shall add a column ®^^"''' '^''*' to the tax roll headed: "Execution rate in A. B. versus the city of {as the case may &e)," adding a similar column if there are more executions than one, and shall insert therein the amount by such precept to be levied upon each person respectively, and shall levy the amount of such execution rate as 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 with the amount levied thereon, deducting his percentage; 5. The sheriff shall, after satisfying the execution and Surplus all fees thereon, return any surplus within ten days after receiving the same to the city treasurer for the general purposes of the city; 6. In case the treasurer of any city against which an Treasurer'* execution is issued is not paid by percentage, he shall be paid for such collections a sum not exceeding two and one- half per centum ; 1312 City officials officers of court Cap. 86 CITIES 7. The city clerk, the treasurer and the assessor 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 issued, and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. 1915, c. 16, s. 526. Penalty paid to city Expenses of imprisonment 557 (1) A penalty or fine under any bylaw of the city shall, if no other provision be made respecting it, belong to the city for the public use of the same and form part of its general revenue. (2) In the event of any person being committed to goal by reason of a breach of a city bylaw there shall be charge- able to the city such part of the expenses paid by the province for the transport of such person to gaol, and for his main- tenance while there, as may be designated by the Lieutenant Governor in Council. 1915, c. 16, s. 527. PAKT XV. Amount of penalty, etc. Penalties. 558. The council may by any bylaw: 1. Impose a penalty not exceeding $100 exclusive of costs for breach of any provision of a bylaw; 2. Enact that, in case the conviction be for the nonpay- ment of a license fee payable to the city under the provisions of a bylaw, the convicting justice may adjudge payment thereof in addition to the penalty. 1915, c. 16, s. 528. Recovery 559. Such penalty, or penalty and license fee, as the case mav be, may, unless other provision is specially made in respect thereof, be recovered and enforced with costs by summary conviction before a police magistrate or justice of the peace having jurisdiction in the city, and upon default of payment the person convicted may be committed to gaol or to the guardroom of the Royal Canadian Mounted Police force, or to a public lockup for any time determined by the said police magistrate or justice, not exceeding thirty days and with or without hard labour, unless such penalty, or penalty and license fee, as the case may be, and costs, includ- ina; the costs of the committal and of the conveyance of the person convicted to the said gaol, guardroom or lockup, are sooner paid. 1915, e. 16, s. 529. CITIES • Cap. 86 1313 PART XVI. Miscellaneous. GOVERNMENTAL COMMISSION OF INQUIRY. 560. In case one-third of the members of the council, or inquiry by government one-fourth of the electors of the city, petition the Lieutenant Governor in Council for a commission to issue under the great seal to inquire into the financial aifairs of the city, the Lieutenant Governor in Council may issue a commission accordingly ; and the commissioner or commissioners shall have all the powers of commissioners appointed under The Piihlic Inquiries Act. 1915, c. 16, s. 530. JUDICIAL COMMISSION OF INQUIRY. 561. — (1) In case the council passes a resolution request- fn^^iry ''y ing a judge to investigate any matter mentioned in the reso- lution and relating to an alleged malfeasance, breach of trust or other misconduct on the part of a member of the council, commissioner or other officer, servant or agent of the city, or of any person having a contract therewith, in relation to the duties or obligations of such person to the city; or in case the council sees fit to cause inquiry to be made into or concerning any matter connected with the good govern- ment of the city or the conduct of any part of the public business thereof, and passes a resolution requesting a judge to make inquiry, the judge shall inquire into the same and he shall for that purpose have all the powers which may be conferred upon commissioners under The Puhlic Inquiries Act; and the judge shall, with all convenient speed, report to the council the result of the inquiry and the evidence taken thereon. (2) When any such resolution has been passed by the council, the Attorney General may, notwithstanding any- thing in this Act contained, appoint the district court judge of any judicial district in the province to make the inquiry. (3) The judge shall be entitled to receive and shall be paid the same fees as an arbitrator is entitled to receive under section 396. (4) The council may engage and pay counsel to represent the city, and may pay all proper witness fees to persons summoned to give evidence at the instance of the city; and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question, may be represented by counsel. 1915, c. 16, s. 531 ; 1918-19, c. 34, s. 24. 1314 Cap. 86 cities Investigation i)G2. The council mav at any time by resolution appoint by committee «^ Y . i • l of council a comnnttee of its members to investigate any charge wnicn may be made against any employee of the city, and the committee so appointed may summon such employee before it to answer the charge, and shall have power to summon witnesses and to take evidence under 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. 1015, c. 16, s. r>32. H CHAPTER 87. An Act respecting Towns. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : SHORT TITLE. 1. This Act may be cited as The Town Act. 1916, c. 10,«hort itie s. 1. INTElirUETATION. 2i. In this Act, unless the context otherwise requires, the interpretation expression : 1. "Business" includes any trade, profession, calling, "Business" occupation or employment; 2. "Boarding house" means and includes every hotel, (not "Boarding o o ^ house being a public hotel), boarding house, lodging house or room- ing house in which there are at least six bedrooms or beds used by or set apart for the use of boarders, lodgers or inmates and for the use of which a charge is made by the ownei, tenant, occupant, proprietor or manager; 3. "Burgess" means an elector who is such in respect oi •Burgess" freehold property ; 4. "Clerk" "treasurer," "assessor" and "auditor" mean -Assessor" ■ ' . , . . XII auditor respectively the persons occupying the positions o± clerk, treasurer, assessor and auditor of the town ; 5. "Council" means the municipal council of a town; "Council" 6. "Elector" or "voter" means a person entitled to vote at "Elector ' municipal and school elections in a town; 7. "Felony" means an indictable offence which, since the -Felony/ passing of The Criminal Code, is punishable with death or ®*°- imprisonment for a period of five years or over, and "misde- meanour" means an offence for which, under the said code, the extreme penalty is imprisonment for a term less than five years and not less than two years; 8. "Hawker" or "pedler" means a person who (being aynawker" principal or an agent in the employ of any person) goes p^'^'^'" from house to house selling or offering for sale goods, wares or merchandise, or carries and exposes samples or patterns of goods, wares or merchandise for purchase and sale by such sample or pattern or by means of cuts or blue prints, and upon the understanding that such goods, wares and merchandise are to be afterwards delivered in the town to any person who is not a wholesale or retail dealer in such goods, wares or merchandise, or who sells such goods, wares or mer- 1316 Cap. 87 TOWNS "Income" "Judge' 'Lands" "Minister" "Money bylaw' ' "Munici- pality" and "town" "Occupant" "Owner" ' Person' ' chandise Tipon the streets ; but does not include a person sell- ing by retail meat or other products of his own farm or fish of his own catching, or the bona fide servant or employee of any such person having written authority to sell ; 9. "Income" means the profit or gain (whether ascertained and capable of computation as being wages, salary or other fixed amount, or unascertained as being fees or emoluments or profits from a trade or commercial or financial or other business or calling), directly or indirectly received by a per- son from any office or employment, or from any profession or calling, or from any trade, manufacture or business dur- ing the year next preceding that in which the assessment is made, and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security, or without security, or from stocks or from any other investment, and also profit or gain from any other source whatever ; 10. "Judge" means a judge of the district court of the judicial district within which the town is situated, and "court" or "district court" means the said district court; 11. "Land" includes lands, tenements and hereditaments and any estate or interest therein, or right or easement affect- ing the same ; and (a) land covered with water ; (&) trees and underwood growing upon land; (c) mines, minerals, gas, oil, salt, quarries and fossils in and under land ; and (d) in case of a special franchise, machinery, fixtures, buildings, structures and other things existing, erected or placed upon, in, over or under or affixed to land or any highway, road, street, lane or public place or water, but not the rolling stock of a rail- way or street railway; 12. "Minister" means the Minister of Municipal Affairs ; 13. "Money bylaw" means a bylaw for contracting a debt or obligation or for borrowing money; 14. "Municipality," "to-svn" or "town municipality" means and includes any town municipality now incorporated as such and also any town municipality hereafter incorporated under the provisions of any Act ; 15. "Occupant" means a person who occupies any land under any title whatever; 16 "Owner" includes any person who has any right, title, estate or interest other than that of a mere oci*upant ; 17. "Person" includes a corporation or partnership, and includes women as well as men; TOWNS Cap. 87 1317 18. "Places of public accommodation" means and includes p^^^^l^/^j^^ public hotels, boarding houses, restaurants, sample rooms and '"ofiation" rest and reading rooms ; 19. "Public hotel" means and includes every place of'^f^p" public accommodation, supplying lodging and meals to trav- ellers and guests, and licensed as a public hotel under this Act; 20. "Referred bylaw" means a bylaw referred to the vote '^,y\^^"^ of the burgesses ; 21. "Resident" means a person residing within the limits " ^®^''^®°*" of the town ; 22. "Restaurant" means and includes every building or " ^®^*^"''^"*^" part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public, which has and regularly uses seating accommodation for serving more than eight paying guests at any one meal ; 23. "Revised assessment roll" means the assessment roll "Re-vised of the town as finally adopted by the council ; or in case there roU" have been any appeals to the judge, as finally revised by the judge ; 24. "Revised voters' list" means the voters' list of the town ^^^jj^t" as finally revised by the council ; 25. "Special franchise" means everv ri^ht, authoritv orl'SPT-*',, permission to construct, maintain or operate within the town in, under, above, on or through any highway, road, street, lane, public place or public water within the jurisdiction of the town, any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for the purposes of bridges, railways or tramways or for the purpose of conduct- ing steam, heat, water, gas, oil, electricity or any property, substance or product capable of being transported, trans- mitted or conveyed for the supply of water and heat, powex, transportation, telegraphic or other service; 26. "Transient trader" means a person doing business in '"ijransient the municipality who occupies premises for temporary pur- poses, or who, not having resided in the municipality for at least three months next preceding the time of the commence- ment by him of such business, offers goods or merchandise for sale by auction or in any other manner, and whether conducted by himself or a licensed auctioneer. The term shall include any person commencing business in the munici- pality, whose name has not been entered on the assessment roll for the then current year, in respect of business or in- come. 1916, c. 19, s. 2; 1917, c. 12, s. 2; 1917 (sess. 2), c. 26, s. 2. 3. For the purpose of defining boundaries of a town muni- Boundaries of cipality under this Act those sides of road allowances on sectioai for which monuments or posts have been or may hereafter be this Act 1318 Cap. 87 TOWNS placed under a survey made or to be made pursuant to 21ie Dominion Lands Act, being chapter 55 of The Revisea Statutes of Canada 1906, The Dominion Lands Surveys Act, being chapter 21 of the statutes of Canada 1908 or any enactment which may be passed in amendment thereto or in substitution therefor, 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 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. 1916, c. 19, s. 3, Computation ()( time 4. — (1) Where anything is required to be done on a day which falls on a holiday, such thing may be done on the next day which is not a 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 councillor. (2) Notwithstanding anything contained in The Inter- pretation Act, whenever any particular time of day is refer- red to in this Act the same shall mean "mountain standard time" or any other time that the council may adopt by bylaw for regulating business hours within the town. (3) Where in this Act a certain date is fixed on or by which certain things are to be done or proceedings had, if it appears that such date was fixed having regard to an earlier 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. 1916, c. 19, s. 4. Forms 5. When a person is required by this Act to take an oath he may make a solemn declaration to the same effect, and such solemn declaration shall be deemed a sufficient com- pliance with the provisions of the Act. 1916, c. 19, s. -5. 6. Where forms arc prescribed, deviation therefrom not affecting the substance nor calculated to mislead shall not vitiate the same, and forms to the like effect and in substan- tial compliance with this Act shall suffice. 1916, c. 19, 3. 6. Bylaw changes '^' Where power to make bylaws, regulations, rules or orders is conferred it shall include the power to alter or revoke the same from time to time and to make others. 1916, 19, s. 7. TOWNS Cap. 87 1319 PAKT I. Incorporation. 8. The inhabitants of every town heretofore or hereafter Corporation created or established in Saskatchewan shall be a municipal "'^"" corporation nnder the name of "The Town of 1916, c. 19, s. S. 9. — (1) Whenever two-thirds of the adult inhabitants Annexation who are householders of and in any territory adjacent to" the to^vn desire annexation thereto, and present a petition to that effect to the council, and the council agrees to such annexation or any part thereof, the Lieutenant Governor in Council may by proclamation annex the said territory, or part thereof, to and make it part of the to\vn, from and after such date and on such terms and conditions as the Lieuten- ant Governor in Council may order. (2) No such annexation shall be made under this section except on condition that an area of at least five per cent, of the teiritory proposed to be annexed shall be contributed or allotted bv the owners of the lands in such territory or bv some of them to the town, to be used as public parks or open spaces or for such other municipal purposes as the council may deem most expedient. (3) In the event of such owners failing to agree as to the area so to be contributed or allotted, the town may purchase such area from any part of the said territory, or may expro- priate the same in accordance with the provisions of Part TX, and may charge and assess the price or compensation payable therefor against the lands in the said territory rateably in proportion to their respective values as shown by the next revised assessment roll, and the several amounts so charged and assessed may be levied and collected in like manner as municipal rates and taxes are by law recoverable. 1916, c. 19, s. 9. 10. — (1) The Lieutenant Governor in Council may Altering the upon the request of the council of any town include within town the town any territory adjacent thereto, which from the proximity of streets or buildings, or from the probable future exigencies of the town, it may be deemed desirable to include therein or to annex thereto. (2) In case for any cause it is satisfactorily shown that the limits of a town- should be altered by adding thereto or taking therefrom any territory, the Lieutenant Governor in Council may, of his own motion and without any request therefor, but after consultation with the municipal council. 1320 Cap. 87 TOWNS make such alteration and make due provision for the settle- ment and adjustment of all matters arising out of such alter- ation. (3) Every alteration of the limits of a town shall take effect upon such date, and on such terms and conditions, as the Lieutenant Governor in Council may by proclamation determine. 1916, c. 19, s. 10. Powers under ±i , 'X^jig pow^cr Conferred by sections 9 and 10 upon the sections 9 ^1 and 10 Lieutenant Governor in Council to provide terms and con- ditions for the annexation of territory to a town shall, for gi-eater certainty but not so as to restrict the generality of the terms employed in these sections, include and be deemed always to have included the power to make any provision that may be deemed advisable as to assessment, taxation, total or partial exemption from taxation, construction of local improvements, adjustment of liabilities and all other matters affecting the common interests of the town and the annexed territory, or arising out of or in connection with the annexation. 191G, c. 19, s. 11. Change of name 13. The Lieutenant Governor in Council may from time to time alter the name of a town upon the petition of the council and notice of such alteration shall be published in 2'he Saskatchewan Gazette. In such case the seal theretofore used bv the town shall continue to be the seal thereof until changed by the council. 1916, c. 19, s. 12. Existing rights 13. ]v[q change in the name of any town made in accord- not affected ".. . -, X ^ ^T rr . it ance with the provisions of section 12 shall attect any obliga- tion, right, action or property incurred, established, done or acquired prior to such change. 1916, c. 19, s. 13. PART II. Exercise of powers Council a continuing body Municipal Government. POWEKS A^'D CONSTITUTION. 14. — (1) The powers of the corporation shall be exercised by the council of the town. (2) The council shall be deemed to be continuing, not- withstanding any annual or other election of the members composing it ; and, after any such election and the organisa- tion 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. 1916, c. 19, s. 14. TOWNS Cap." 87 1321 15. The council shall consist of the mayor, who shall bo S'councn"" head thereof, and six councillors. 1916, c. 19, s. 15. 16. The council may at any time and from time to time, fubdmaions by bylaw, divide the town into polling subdivisions with defined limits, and may alter the boundaries of existing subdivisions as occasion may require. 1916, c. 19, s. 16. IT. Any alteration of polling subdivisions or creation of ■^**'"**'*'°^ new subdivisions shall be made before the publication of the voters' list for the year, or, if not so made, shall not take effect until the next voters' lists are being prepared. 1916, c. 19, s. IT. 18. Subject to the provisions hereinafter contained Te™^o^f^offi^e respecting the term of office of the mayor and councillors councillors elected at the first election after a village becomes a town, the term of office of the mayor shall be for one year 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. 1916, c. 19, s. 18. e for 19. Every person shall be eligible for election as mayor ^j|^°f or councillor who is a British subject by birth or by natural- council isation, is of the full age of twenty-one years, is able to read and write, is not subject to any disqualification under this Act or The Controverted Municipal Elections Act, and is resident within the town or within two miles of its limits, and whose name appears on the voters' list provided for in section 87. 1916, c. 19, s. 19 ; 1917, c. 12, s. 3. 20. — (1) No judge of any court of civil jurisdiction, iio ^g''^°afified sheriff, no gaoler or keeper of a house of correction, no con- for council stable, assessor, town clerk, auditor or other paid official of the town, no bailiff, no inspector of licenses, no person hav- ing by himself, his partner or agent an interest in a contract with or on behalf of the town, or being indebted to the town, no surety for any officer or employee of the town, no person who is insolvent within the meaning of The Bcinhruptcy Act and no person who has been convicted of an offence punishable with death or with imprisonment for five years or over, shall be qualified to be a member of the council. (2) 1^0 person shall be disqualified from being a member pisquaiifica- of the council by reason of his having a contract for the exist in cer- publication of an advertisement in a newspaper or by reason '"" '^'^^^ of his being a shareholder in an incorporated company hav- ing dealings or contracts with the town, or having a contract for the supply to him of a public utility, or by his having a lease of property from the town for a term of twenty-one years or upwards ; but no such leaseholder shall vote in the 1322 Cap. 87 TOWNS Bmoiumente council on any question affecting a lease from the town, and no such shareliokler shall vote on any question affecting such company. 1916. c. 19, s. 20. 21. It shall not 1)0 competent for the council to appoint one of its memhers to an office of emolument in its gift or disposal. 1916, c. 19, s. 21. Resienation Declaration of vacancy Election to fill vacancy in council Compulsory resifjnation VACANCIES. 33. The mayor or a councillor may resign his seat in the council at any time upon written notice to the town clerk who shall place the same before the council at its next meet- ing, and the said resignation shall take effect and the seat shall become vacant upon receipt of the notice by the clerk, unless such notice specifies a future date at which it is to take effect, in which case it shall take effect upon such date. 1916, c. 19,' s. 22; 1917, c. 12, s. 4. 33. If after the election of any person as a member of the council he is convicted of felony or becomes insolvent within the meaning of The Bankruptcy Act or absents him- self from the meetings of the council for three months with- out being authorised so to do by a resolution of the council entered upon its minutes, his seat in the council shall ipso facto become vacant and the council shall forthwith declare the seat vacant. 1916, c. 19, s. 23. 34. — (1) If a seat in the council becomes vacant by death, resignation or otherwise, the council shall forthwith appoint a rc^turning officer to hold an election to fill the vacancy, and such election shall be held in the same manner as nearly as may be as other elections under this Act. (2) 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 ISTovember in any year, then such vacancy may be filled by the election of an extra councillor at the next general election, and the person obtaining the next highest number of votes after the regular number of councillors have been elected shall fill such vacancy. (3) In case of an election of an extra councillor under subsection (2) every elector shall be entitled to vote for one extra candidate for each vacancy to be filled; and, in case no 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. 1916, c. 19, s. 24. 35. Ill the event of a member of the council forfeiting his seat at the council or his right thereto, or becoming dis- qualified to hold the same, or of his seat becoming vacant TOWNS Cap. 87 1323 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 unseat him as provided by law. 1910, c. 19, s. 25. MEETINGS OF COUNCIL,. 36. The first meeting of the council in each year shall be First held on the first Monday in January, except when that day is a public holiday, in which case the meeting shall take place on the next subsequent day which is not a public holi- day; and the council of the previous year shall hold office until the new council meets. 1916, c. 10, s. 26. 27. The subsequent regular meetings of the council shall s^ubscquent held on s 19, s. 27. be held on such days as the council shall determine. 1916, ™ 38. A majority of the whole council shall be necessary Quorum to form a quorum. 1016, c. 19, s. 28. 39. The council shall hold its ordinary meetings openly Conduct of aud no person shall be excluded except for improper con- duct ; 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. 1916, c. 19, s. 29. MAYOK. 30. — (1) The mayor shall be the chief executive officer Duties of the town, and it shall bo his duty to be vigilant and active in causing the laws governing the town to be duly executed, to inspect the conduct of all municipal officers, to cause all negligence, carelessness and violation of duty to be duly prosecuted and punished so far as in his power, to communi- cate from time to time to the council all such information, and to recommend such measures as may tend to the better- ment of the finances, the health, security, cleanliness, com- fort, ornament and prosperity of the town. (2) The mayor shall be ex officio a justice of the peace. 1916, c. 19, s. 30. 31. The mayor may at any time and from time to time, Appointment by writing under his hand, appoint and engage one or more coMtabi« special constables within the town for such time, not exceed- ing fifteen days, as shall be stated in the appointment; but the authority of any such constable shall cease if his appoint- ment be not confirmed at the next reg-ular meeting of the council. Such special constables shall for the time being form a part of the police force of the town. 1916, c. 19, s. 31. 1324 Cap. 87 TOWNS Power of suspension To preside, etc. 32. The mayor may suspend any municipal officer, and lie shall thereupon report such suspension and the reasons therefor to the council who may either dismiss or reinstate the suspended officer. In case he is dismissed, such officer shall receive no salary or remuneration from the date of his suspension unless the council by a resolution otherwise determine. 1916, c. 19, s. 32. 33. The mayor shall preside at all meetings of the coun- cil and shall preserve order and enforce the rules of the council. 1916, c. 19, s. 33. Deputy mayor Chn'rman Vote 34. The council shall, at its first meeting and every three months thereafter, from among its members, appoint a deputy mayor who shall hold office for three months and until 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. 1916, c. 19, s. 34. 35. If the person who ought to preside at any meeting of the council does not attend within fifteen minutes after the hour appointed for the meeting, the members present may appoint a chairman Avho shall during the meeting have the same authority as the absent person would have had. 1916, c. J- «^, s. OO. 36. The mayor or other officer presiding at any meeting of the council, and all the councillors present, shall vote on every question on which a vote is taken, except where dis- qualified by reason of interest or otherwise, and (save as otherwise provided herein) any question upon which there is an equality of votes shall be deemed to be negatived. 1916, c. 19, s. 36. Special meetings 37. — (1) The mayor may call special meetings of the council whenever he deems it expedient, and he shall do so when requested in writing by a majority of the council. (2) Where a special meeting of the council is to be held, all the members shall be duly notified at least twenty-four hours prior thereto of the meeting and (in general terms) of the business to be transacted thereat. Such notice may be delivered personally or left at the usual place of business or residence of the member. 1916, c. 19, s. 37. Public meetings 38. 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 three days previous to the day of the meeting, call a public meet- TOWNS Cap. 87 1325 ing of the electors for the discussion of the municipal affairs of the town or of any matters relating thereto, 1916, c. 19, s. 38. 39 — (1) The mayor, or such other person as the council ^^^"^"^"f may from time to time appoint for the purpose, shall sign, jointly with the treasurer, all cheques issued by the town. (2) The council may by resolution authorise the mayor |;^"sie^«heque and treasurer to issue each week, fortnight or month, as the ease may be, a single cheque covering the total amount of the weekly, fortnightly or monthly payroll, such cheque to be deposited in the bank in a wages account and to be paid out upon cheques signed by the treasurer alone. (3) The authority given by such resolution shall be con- sidered a continuing authority until the resolution is rescinded. 1916, c. 19, s. 39. OFFICIALS. 40 — (1) The council shall appoint a clerk, a treasurer, Appo»|tm^"t an assessor, a solicitor and one or more auditors, and may also appoint such other officers as are deemed necessary for carrying into effect the provisions of this Act or of any other Act affecting the town or of any town bylaw. (2) The same person may be appointed to more than one office. 1916, c. 19, s. 40. Tenure of ffice 41. AH town officials shall hold office during the pleasure I of the council, or according to the terms expressed in the bylaws by which they are appointed ; and, in addition to the duties assigned to them by this Act or by the general law of Saskatchewan, shall perform such other duties as may be required of them by the bylaws. 1916, c. 19, s. 41. 43. The council may by bylaw require an official to give^®°""*y such security as is deemed expedient for the faithful per- formance 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 him before the council. 1916, c. 19, s. 42. 43. The bonds or policies of guarantee of any corpora- ^eurfty^^ °^ tion empowered to grant securities, bonds or policies for the integrity and faithful accounting of public officers or servants or persons occupying positions of trust, may be accepted instead of or in addition to the personal bond of an official. 1916, c. 19, s. 43. 44. Every officer, servant and agent of the town shall be i-iabiiity personally liable for any damage arising from his acts or defaults, or from his refusal or neglect to discharge the 1326 Cap. 87 TOWNS Gratuities Town clerk to attend meetings, etc. Absence duties imposed upon him by law or by this Act or by the bylaws of the council, in addition to any penalties otherwise imposed for the said acts or defaults. 1916, c. 19, s. 44. 45. The council may grant any officer who has been in the service of the town, including its previous existence as a village, for at least twenty years, and who while in such service has become incapable through age or illness of efficiently discharging 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. 1916, c. 19, s. 45. TOWN CLERK. 46. — (1) The town clerk shall attend all meetings of the council 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, docu- ments and records of the council and the originals or duly certified copies of all the bylaws thereof. (2) It shall be his duty to summon all meetings of the council, to communicate the resolutions and instructions of the council to the parties concerned therein, and to conduct the general official correspondence of the council and the town. 1916, c. 19, s. 46. 47. — (1) The council may by resolution appoint some person to act in place of the clerk when absent or incapable of performing his duties, or during a vacancy in the office, and during such period the person so appointed shall have all the powers of the clerk. (2) The mayor may appoint in writing some one to act in place of the clerk until the next meeting of the council, the clerk being absent or incapable of performing his duties and during such period the person so appointed shall have all the powers of the clerk. 1916, c. 19, s. 47. Recorda open to iaapeetioo 48. Any elector may at all reasonable times inspect any contract, bylaw, report of any committee or of any official of the town (other than the town solicitor or counsel engaged by the town), or any account relating thereto, or the minutes of council, after the same respectively have been submitted to the council, and the town clerk shall, within a reasonable time after demand by an elector, furnish him with copies of any such documents or parts thereof at the rate of ten cents per one hundred words, each figure to be counted as one word. 1916, e. 19, s. 48. TOWNS Cap. 87 1327 49. A copy of any such book, record, document or account fg°P'/^^°' certified under the hand of the town clerk and the town seal shall be received in e\'idence in all courts without proof of the seal of the town or of the signature or official character of the person appearins; to have signed the same, unless the court or a judge thereof otherwise orders. 1916, c. 10, s. 40. THE TREASURER. 50. The treasurer shall collect, receive and safely keep oMund? all moneys belonging or accruing due to the town from what- ever source, and shall pay out the same only to such persons and in such manner as is directed by law or by the bylaws or resolutions of the council. 1916, c. 19, s. 50. .11. The council may by resolution appoint a person to Absence act instead of the treasurer in case the treasurer is absent or incapable of performing his duties, or during a vacancy in the office, and where so acting the appointee shall have all the powers of the treasurer. 1916, c. 19, s. 51. 53. The treasurer shall daily, or as often as the council ^^^^^^ ''"'^ may direct, deposit in the name of the town, in some char- tered bank designated by resolution of the council, all moneys received by him in excess of $100 ; and, subject to the provi- sions of section 39, he shall jointly with the mayor, or such other person as the council may from time to time appoint, sign all necessary cheques. 1916, c. 19, s. 52. 53. — (1) The treasurer shall keep and make use of suchBo^oks books of record and account as the minister or the council shall from time to time require him to keep and use. (2) The treasurer shall also prepare and submit to the^^o^^^^y^ council monthly a correct statement of the moneys at the credit of the town. 1016, c. 19, s. 53. 54. The treasurer shall collect a fee of ten cents per lot gg^'j^^j^gg for every search made in the assessment or tax rolls by any person other than the owner of the property searched or his agent, and such fee shall form part of the general revenue vi the town. 1916, c. 10, s. 54. ? 55. The treasurer shall within one month after entering ^^^^.^1^^®'' on his duties furnish to the town security in a penal sum to bond 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 com- pany authorised to do business in the province. 1916, c. 19, s. 55. 1328 Cap. 87 TOWN'S TOWK SOLICITOR. Appointment 5g. rj^-^^ town solicitoT sliall be a member of the Law Society of Saskatchewan, and the council may determine his duties and the terms and period of his employment. 1916, c. 19, s. 56. Remuneration 57^ jj^ ^j^gg ^j^g remuneration of the town solicitor is to be paid wholly or partly by salary, the town shall notwithstand- ing bo 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 solicitor pay- able to him as part of his remuneration in addition to his salary. 1916, c. 19, s. 57. Appointment of auditors Audit AUDIT. 58. The council shall, from time to time and as often a5 the office is vacant, appoint one or more auditors but no one who at the time of appointment or during the preceding year is or was a member of the council, or is or was town clerk, or treasurer, or has or had directly or indirectly, alone or with any other person, a share or interest in any contract or employment with or on behalf of the town (except as auditor), shall be so appointed. An incorporated company or part- nership may be appointed auditor. 1916, c. 19, s. 58. 59 (1) The auditor shall, at least once in every three months, 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 examina- tion 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 such occasion write a special report respecting all expenditures made contrary to law, bylaw or resolution, and shall deliver the said report to the mayor who shall lay the same before the council at its next meeting. 1916, c. 19,- s. 59. Audit before ij 60. The couucil may by bylaw provide that the auditor "°"™'""* shall audit all accounts before they are paid. 1916, c. 19, s. 60. payment Auditor's reports 61 (1) 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 revenue and expendi- ture of the town up to the preceding thirty-first day of October, including a statement showing the total amount of debentures authorised to be issued, the debentures actually issued, those actually sold or otherwise disposed of and how disposed of and those remaining on hand. TOWNS Cap. 87 1329 (2) The treasurer shall, on or before the first day of December, cause the said statement to be printed in such quantity as the minister may direct. In the absence of such direction he shall publish a summary of its contents in at least one issue of some newspaper published in the town, or, in case there is no newspaper published in the town, in a newspaper circulating therein. 1916, c. 19, s. Gl ; 1918-19, c. 35, s. 2. 63. On or before the first dav of March in each year the auditor shall prepare, in such form as the minister may direct, an abstract of the revenue, expenditure, assets and liabilities of the town up to the thirty-first of December of the preceding year, including a statement showing the total amount of debentures authorised to be issued, the debentures actually issued, those actually sold or otherwise and how disposed of and those remaining on hand; and shall make a special report respecting any expenditures made contrary to law. 1916, c. 19, s. 62 ; 1918-19, c. 35, s. 3. 63. The auditor shall deliver the said abstract and report ^"^^''*"°" forthwith or as soon as may be to the mayor who shall lay the same before the council at its next meeting ; and the coun- cil 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 be none such, then in the newspaper circulating therein, and shall cause a copy of such abstract to be for- warded to the minister. 1916, c. 19, s. 63. 64. Any elector may inspect the said abstracts and ^'^p^''^'^''^ reports, at all reasonable hours, and may by himself or his agent and at his own expense take a copy thereof or extract therefrom. An elector shall be entitled to be supplied with printed copies, if there are sufficient prints available, on payment of a charge of fifty cents per copy. 1916, c. 19, s. 64. DECLAKATIONS OF OFFICE. 65. Every member of the council, the town clerk, the peciaratioas '' , '. -.by officials treasurer, 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 his office make and subscribe a declaration of office to the following effect : I, J.. 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, of the offices, in the case of a person who has been 1330 Cap. 87 TOWNS appointed to two or more offices which he may lawfully hold at the same time) to which I have been elected {or appointed) in this town ; That I have not received and will not receive any payment or reward or promise thereof for the exercise of any par- tiality or malversation or undue execution of the said office {or offices) ; That I have not by myself, my partner or agent, 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), and except any contract I may have for the supply of a public utility ; And that I am not for any other reason disqualified from holding the said office {or offices). 1016, c. 19, s. 65. /iolders of more than one office 66. Any person who has been elected or appointed to two or more offices which he may lawfully hold at the same time may make one declaration of office as to all the offices to which lie has been elected or appointed. 1916. c. 19, s. Q^. Declaration of auditor 67. 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 town of do hereby promise and declare that I will faithfully perform the duties of the said office accord- ing to the best of my judgment and ability; and 1 do solemnly declare 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 employment except that c^f auditor for the present year. 1916, c. 19, s. 6Y. taken* ^^"'" ^*^* "^^^ mayor and councillors and the other town officers except the town clerk, who are required to make a declaration of office, shall make and subscribe the said declaration before some justice of the peace, notary public or commissioner for oaths, or before the town clerk ; the declaration of the town clerk shall be made and subscribed before a justice of tne peace, notary public or commissioner for oaths and the per- son before whom the declaration is made shall give the necessary certificate of its having lieen duly so made and subscribed. 1916, c. 19, s. 68. Power to administer oaths, etc. 69. The mayor or any justice of the peace, notary public or commissioner for oaths may administer any oath, affirma- tion 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. 1916, c. 19. s. 69. TOWNS C.ip. 87 1331 "^0. The deponent, urtirniant or declarant shall subscribe f^^P"-^'*°4j^ 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 town clerk who shall preserve it among the town records. 191G, c. 19, s. 70. Tl. The mayor, or in his absence the presiding officer oij'f^l^yor* 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. 1916, c. 19, s. 71. POLICE. 72. The police force shall consist of a chief of police and of 'Sice'frce as many constables and other officers and assistants as may by the council be deemed necessary from time to time. 1916, c. 19, s. 72. 73. The members of the force shall be appointed by the ^JJP';?;^*^^ ^^ council and shall hold office during pleasure, and shall, before entering upon their duties, take and subscribe the following oath: I, A. B., do swear that I will well and truly serve His ^orm of oath Majesty the King in the office of chief of police {or police constable as the case may he) for the town of with no favour or affection, malice or illwill ; that I will to the best of my power cause the peace to be kept and pre- served 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 according to law. So help me God. 1916, c. 19, s. 73. 74. The council shall from time to time make such J^;-^^"^!' regulations as it may deem expedient for the government of regulations the force, for preventing neglect or abuse and for rendering the force efficient in the discharge of its duties. 1916, c. 19, s. 74. 75. The constables shall obey all lawful directions of and ojjtif °^ be subject to the orders of the chief of police, and shall be •^'^nstaw^s charged with the special duty of preserving the peace, appre- hending offenders and generally with the performance of all duties which by law devolve upon constables and peace officers. 1916, c. 19, s. 75. or pension 76. — (1) Any member of the force may be dismissed or J^'^^'^s.*' \ / J ^ -y _ suspensioi suspended by the council ; but, before any member of the ''•"•" force force is dismissed or suspended, he shall have a right to be heard either in person or by attorney before the council. Vol II— 7. 1332 Cap. 87 TOWNS (2) The chief of police may at any time suspend any member of the force for cause, and shall forthwith report such suspension to the council. Any member so suspended shall have the right to be heard in person or through his attorney before the council at such time as may be arranged by the council. 191G, c. 19, s. 72. PART 111. First etenrttoa Persons eligible as candidates Who may nominate candidates Municipal Elections. FIRST ELECTION. 77. The persons qualified to vote at the first election after a village becomes a town, for mayor and councillors, shall be the men and women of the full age of twenty-one years: (a) w^hose names are on the last revised assessment roll of the village now comprised within the town; or (h) whose names are on the last revised assessment roll of the rural municipality for that portion of the town not formerly comprised within the said , village. 1916, c. 19, s. 77. 78. For the purposes of such first election, the persons eligible for election as mayor or councillor shall be those whose names are on the last revised assessment roll of the village now comprised within the town, or on the last revised assessment roll of the rural municipality for that portion of the town not formerly comprised within the village, and who otherwise possess the qualifications set out in section 19. 1916, c. 19, s. 78. 79. Only persons qualified to vote for candidates shall be qualified to nominate candidates for the office of mayor or councillor. 1916, c. 19, s. 79. Term of offioe of mayor Term ofoflSce of councillors 80. The term of office of the mayor chosen at the said first election shall if such election be prior to the first day of July, be to the end of the then current calendar year, and if such election be not prior to the first day of July then until the end of the next ensuing calendar year. 1916, c. 19, s. 80. 81. 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 beino- held, shall be declared elected for the term endino; 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 ]irior to the first day of July: and the TOWNS Cap. S7 1333 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 Jnly; and thereafter one-half the required number of councillors shall be elected annually and shall hold office for two years unless otherwise provided. 1916, c. 19, s. 81. 82. The council of the village shall, until the election of p^|,';'^jj a council under the provisions of this Act, be deemed to b^' u°'tf']eii^tk,n the council for the town, and shall have all the powers an order of their surnames, and if there are two or more candidates with the same surmime in the orrloT of their christian names.' 1916, c. 19, s. 115. 116. The names of the candidates for mayor shall not I^^H^i^ be included in the same ballot paper with the names of the candidates for councillors. 1016. c. 10. s. 116. 1342 Form of ballot Cap. 87 TOWNS 117. The ballot papers shall be in the following forms: i Form for Mayor. o < Election of Mayor for the Town of • Oi 1—1 o ALLAN. Charles Allan, of the Town of Merchant. BROWN. William Brown, of the Town of Banker. Directions for voters Form for Councillors. Note. — The number of councillors to be elected is The ballot must be marked tor candidates to be valid. CO (« O 1^ I— ( o o ARGO. w James Argo, of the Town of O Gentleman. 3 BAKER. of Co n of . . Samuel Baker, of the Town of Baker. .2 c DUNCAN. Elect the T 1 — 1 o Robert Duncan, of the Town of Printer. 1916, c. 19, s. 117. 118 — (1) The returning officer shall, before the opening of the 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: Directions foe the Guidance of Voters. The voter will go into one of the compartments and, with pencil provided in the compartment, place a cross (thus X) on the right hand side of the ballot paper opposite the name of each candidate for whom he votes, or at any other place within the division which contains such name. The voter will fold up the ballot paper so as to show the name or initials of the deputy returning officer signed on the back, and leaving the compartment will, without showing the front of the paper to any person, deliver such ballot paper so folded to the deputy returning officer and forthwith quit the polling place. TOWNS Cap. 87 1343 If the voter inadvertently spoils the ballot paper he may return it to the deputy returning officer who will, if satisfied of such inadvertence, give him another. If the voter does not vote for the full number of candi- dates for any office that he is entitled to vote for, his ballot paper will be void so far as relates to that office and will not be counted for any of the candidates for said office. If the voter votes for more candidates for an office than he is entitled to vote for, his ballot paper will be void as far as relates to that office and will not bo 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 torn, defaced 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 imprison- ment for any term not exceeding six months with or without hard labour. In the following forms of ballot paper given for illustra- tion, the candidates for mayor are Jacob Thompson and Robert Walker, for councillors John Bull and Morgan Jones. 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 councillor. (D M -u ;-! o tl-l ;-l o « o < s d f^-^ . r—* fl W H o Form for Mayor. THOMPSON. Jacob Thompson, of the Town of ^^ Merchant. WALKER. Robert Walker, of the Town of Physician. 1344 Cap. S7 TOWNS Form for Councillors. Ketuniing .> fficers, eto. Note. — 'I'lu! number of councillor? to be elected is The ballot niust be marked for candidates to be valid. O o t» O ^ . BULL. John Bull, of the Town of "y Butcher. xX o o Election of C the Town a\ for 19 . JONES. Morgan Jones, of the Town of Grocer. 1916, e. 19, s. 118. 119. Every returning officer, deputy returning officer, jioll clerk, constable or other officer appointed to act at an election shall, before entering u])on the duties of his office, make find subscril)e a solemn declaration to the following effect : 1, .L 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 (insertinq ike name of the office) to which I have been a])pointed 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 malversation or other imduc! execution of the said office. 1016, c. 19, s. 119. Owtlirt Posting up of directiona 120. When any oath, affirmation or declaration is required to be taken or made by a returning officer, or deputy return- ing officer, and no special jirovision is herein made therefor, the same may be made and subscribed before the town clerk, the poll clerk, a justice of the peace, or in case of a deputy returning officer, before the returning officer, as well as before any jierson authorised to administer an oath; and the return- ing officer, deputy returning officer, or any justice of the ]-»eace, as well as any such person may administer any oath, affirmation or declaration required to be made by a poll clerk, constable or other officer under the jtrovisious of this Act. 1916, e. 19. s. 120. 121. Every returning officer, or deputy returning officer, where there are such, shall before the opening of the poll cause the said printed directions to be iilacarded outside the polling place and also in every voting comjiartment of the ])olling place, and shall see that they remain so placarded until the close of the pollino-. 1916. c 19, s. 121. TOWNS Cap. 87 1345 123. Every polling place shall be furnished with one or yj'^^'^f^j^,,,^^^ more compartments in which the voters can mark their ballot papers screened from observation, and it shall be the duty of the returning officer to see that such accommodation is pro- vided at each polling place. 1916, c. 19, s. 122. 123. Where deputy returning officers have been appointed, copyj.voters' the returning officer shall, before the poll is opened, deliver to every deputy returning officer a copy, certified by the assessor to be a correct copy, of the voters' list for the polling subdivision for which such deputy returning officer is to act, and a blank poll book in which to record the names and qualifications of the electors who vote. 1916, c. 19, 123. s. 134. The poll book shall be in the following form: Poll book Remarks Refusal to swear Sworn • 1 Objected to o a High School Trustee School Trustee Councillors Mayor Occupation Residence Qualification » s £ 6 1916, c. 19, s. 124. 1346 Certificate to persons attending other than their own poll Cap. 87 TOWNS Rights on production of certificate 135. The returning officer, on the request of any elector who has been appointed deputy returnino- officer, or poll clerk, or constable, or agent of a candidate to attend at any polling place other than the one where he is entitled to vote, shall give to such elector a certificate that he is entitled to vote at the polling place where he is to be stationed during the polling day ; and the certificate shall also state the prop- erty or other qualifications in respect of which he is entitled to vote. 1916, c. 19, s. 125. 13G. On the production of the certificate the deputy returning officer, poll clerk, constable or agent shall have the right to vote at the polling place where he is stationed dur- ing the polling day instead of the polling place where he would otherwise have been entitled to vote; and the deputy returning officer shall attach the certificate to the voters' list; but no such (-ertifieate shall entitle such elector to vote at such polling place unless he has been actually engaged as such deputy returning officer, poll clerk, constable or agent during the whole of the day of polling. 1916, c. 19, s. 126. Oath to certificated persons 137. In case a deputy returning officer votes at the poll- ing place to which he has been appointed as such, the poll clerk appointed to act at the polling place, or, in the absence of the poll clerk, any elector authorised to be present, may administer to the deputy returning officer any of the oaths required by law to be taken by voters. 1916, c. 19, s. 127. "Officer presiding' ' Poll clerks Constables 138. In the following sections, numbered 12.9 to 191, the expression "officer presiding at the poll" or "presiding officer" means a returning officer or deputy returning officer in charge of a polling place. 1916, c. 19, s. 128. 139. — -(1) The officer presiding at the poll may, by writ- ing under his hand, appoint a poll clerk who in the absence of such 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, 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. 1916, c. 19, s. 129. Oath for poll officials 130. Every returning officer, deputy returning officer, ]ioll clerk, constable, candidate or agent authorised to be present at any polling place, before exercising at any polling TOWNS Cap. 87 1347 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, the town clerk, a commissioner for oaths or (in the case of a poll clerk or constable or agent) before the officer presiding at the polling place for which 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 unlawfully to ascertain the candi- date 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 has voted. So help me God. 1916, c. 19, s. 130. THE POLL. 131. The polls shall be kept open from nine o'clock inDu^^^tion the forenoon until five o'clock in the afternoon of the same day. 1916, c. 19, s. 131. 132. Any person producing to the presiding officer at any ^^^^^^ time a written authority to represent a candidate as his agent at a polling place shall be recognised as such by the said officer. 1916, c. 19, s. 132. 133 (1) An elector may vote once only for mayor and E^«et°J, has^, once only for councillors. (2) In case the to^vn is divided into polling subdivisions, all such votes shall be cast in the same subdivision. 1916, c. 19, s. 133. 134. Any person who votes oftener than he is entitled to ^'^naity do under the provisions of this Act shall incur a penalty not to exceed $50 and costs. 1916, c. 19, s. 134. 135. The receipt by any voter of a ballot paper within thei:^vkknce of polling booth shall be prima facie evidence that he has there and then voted. 1916, c. 19, s. 135. 136. The officer presiding at the poll shall, immediately Exhibition of 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 his seal upon it in such a manner as to prevent its being opened without breaking the seal, and shall thereupon place it in his view for the receipt of ballot papers and shall keep it so in full view of all present, and locked and sealed during the hours of polling. 1916, c. 19, s. 136. 1348 Cap. 87 towns j v^ns"^'" 137. When a person claiming to be entitled to vote pre- sents 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 list; 2. He shall record, or cause to be recorded by the poll clerk, in the proper columns of the poll book tfie name, quali- fication, residence and occupation of such person; 3. When the vote is objected to by any candidate or his agent, the presiding officer 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 candi- date the objection has been made, 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 presiding officer shall administer to him the following oath: You swear (or solemnly affirm) that you are of the full age of twenty-one years, and that you are the person named (or intended to be named bv the name of ) in the voters' list now shown to you (shoiving 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, 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 elec- tion; 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 presiding officer shall receive the vote and shall enter or cause to be entered opposite such person's name, in the proper column of the 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 presiding officer shall enter (or cause to be entered) opposite the name of such voter, 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 TOWNS Cap. 87 1349 received, and, if the officer takes or receives such vote or causes the same to be taken or received, ho shall incnr a penalty of $100 ; 7. When the proper ciitrios rospecfiiii> the ])crsoii so claim- ing to vote have been made in the poll book in the manner prescribed, the presiding officer shall place or cause to be placed a check or mark opposite 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 in the presence of the candidate or his agent, if present; 8. Except in the case mentioned in paragraph 6 the ballot paper shall then be delivered to the voter. 1916, c. 10, 9. 137. 138. The officer presiding at the poll may, and ^ipt>" ^"^1,^*'''"' request shall, either personally or through his poll clerk. explain to the voter as conciselv as possible the proper method of voting. 1916, c. 19, s. 138. 139. Every such officer who refuses or wilfully omits to^^^*<=^<*' sign his initials upon the back of any ballot paper, as pi"^" ^^^^^1°^ vided for by paragraph 7 of section 137. shall forfeit to any person aggTieved by such refusal or omission the sum of $100 in respect of everj- ballot paper deposited in the ballot box upon which he has so refused or wilfully omitted to sign his initials. 1916. c. 19. s. 139. 140. The officer presiding at the poll shall place or cause ^°i','*|'°K to be placed in the columns of the poll book headed "mayor," "councillors," "school trustee" and ''high school trustee," a check mark opposite the name of every voter receiving a ballot paper at the time he receives the same, to denote that the voter has received a ballot paper for mayor, councillors, school trustee, or high school trustee, as the case may be. 1916, c. 19, s. 140. 141. Upon receiving from the officer presiding at the poU ^aUcrt °* "^ the ballot paper prepared as aforesaid, the voter shall forth- with proceed into the compartment provided for the purpose and shall then and therein mark his ballot paper in the manner mentioned in the directions contained in section 118 by placing a cross (thus X) 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 candidate. 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, 1350 Cap. 87 TOWNS and leaving the compartment shall, without delay, and, without showing the front to anyone or so displaying the ballot paper as to make known to any person the names of the candidates for whom he has or has not marked it, deliver the ballot paper so folded to the presiding officer, 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, verify his own initials and at once deposit the ballot paper in the ballot box in the presence of all persons entitled to be present and then present in the polling place ; and the voter shall forthwith leave the polling place. 1916, c. 19, s. 141. Scoreoy of vot« Ballot not removed from poll 143. 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. 1916, c. 19, s. 142. 143. No person who has received a ballot paper from the presiding officer shall take the same out of the polling place. 1916, c. 19 s. 143. Removing ballot from poll 144. Any person who, having received a ballot paper from the presiding officer, 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 officer shall make an entry in the poll book in the column 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. In the latter case the officer shall immediately write the word "declined" upon such ballot paper and shall preserve the same. 1916, c. 19, s. 144. Inability, etc., to mark ballot 145. In the ease of an application by a person claiming to be entitled to vote who is incapacitated by blindness or other physical cause from marking his ballot paper, or in the case of a person claiming to be entitled to vote who makes a declaration that he is unable to read, or where the voting is on a Saturday that he is of the Jewish faith and objects on religious grounds to mark his ballot in the manner prescribed by section 141, the proceedings shall be as follows: 1. The presiding officer 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 presiding officer shall state or cause to be stated in the poll book, by an entry opposite the name of such per- TOWNS Cap. 87 1351 son in the proper cohinm 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' lists (for polling subdivision !N"o. ) of the town of^ being a duly qualified elector of the said town of , do hereby declare that I am unable to read ( or that I am from physical incapacity unable to mark a ballot paper, or, that I object on religious gi-ounds to mark a ballot paper, as the case may he). A. B., his (X) mark. Dated this day of 19 ; 4. In the case of a person 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 presiding officer, who shall attest the same according to the following form: I, C. D-, the undersigned, being the returning officer of the town of (or deputy returning officer for polling subdivision ISTo. in the said town of ), do hereby certify that the above (or as the case may he) 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 ohjects on religious grounds to marh a hallot paper, ivas orally made hefore me). Signed, C. D., (Deputy) Returning Officer. Dated this day of 19 • 1916, c. 19, s. 145. 146 (1) In the case of a person who is unable to speak voter jvho^^ or read the English language, the presiding officer may English appoint some person to act as interpreter, by appointment in writing in the following form: I, C. D., the undersig-ued, being the returning officer of the town of (or deputy returning officer for polling subdivision Ko. in the said town of ), do appoint ^^ act as interpreter in the language (for the said subdivision) at the municipal election held the day of 19 . Dated at the day of 19 . (Deputy) Returning Officer. 1352 Cap. ^87 towns (2) The person thus appointed shall, before acting;, take an oath in the followinsr form : I, of the town of having- been appointed interpreter in the language (for polling subdivision No. ), at the municipal Hection held in the said town the dav of li^ , make oath and say : That I will truly and faithfully and without partiality interpret the directions of the (deputy) returning officer to voters using the language at this poll, and any oath, affirmation or declaration required to be taken by siich voters ; That I will act faithfully as interpreter in such language under the directions of the (deputy) returning officer; and That I will keep secret all knowledge which has come to me of the person or persons for whom any elector has voted. So help me God. Sworn before me at ] , Saskatchewan, [ the dav of [ 19 . J (Deputy) liciurning Officer. (3) The returning officer may, at any time prior to the election, or upon the day of election, appoint an interpreter for any polling subdivision in form similar to that mentioned in subsections (1) and (2), and shall transmit to every deputy returning officer the oath taken by his appointee. (4) All such oaths, whether taken before the returning officer or the deputy, shall be attached to the poll book. (5) The proceedings in the case of a voter unable to speak or read the English language shall otherwise be similar to those prescribed in section 145 in the case of persons unable to read, except that, where the voter is able to sign his name to the declaration there given, he may either sign his name or make his mark. 1916, c. 19, s. 146. Ballot spoiled 147. A pcrsou claiming to be entitled to vote, who has o«fore voting . 1 • 1 • 1 inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on delivering to the presiding officer the ballot paper so inad- vei-tently dealt with and pro\'ing the fact of the inadvertence to the satisfaction of the said officer, receive another ballot paper in the place of the ballot ])aper so delivered up. The said officer shall immediately write the word '^cancelled" upon the ballot paper so delivered to him, and he shall pre- serve the same till he makes his return under section 159 or 166. as the case may be. 1916. c. 19, s. 147. TOWNS Cap. 87 1353 148. During the time appointed for polling no porson f^^Ytud shall be entitled or permitted to be present in the pollinff*^",^.^*" , 1 1 1 ifv Ti 1111 polling place place Other than the othcers, candidates, poll clerks, con- stables or agents authorised to attend at the pollinii- place, and the voter who is for the time being actually engaged in voting. 1916, c. 19, s. 148. PROCEEDINGS AFTER CLOSE OF POLL. 149. In every polling place the officer presidin<>' at the ^''■"T'^"'"'", t/ -1- cj J. J. O OH close O* poll shall immediately after the close of the poll, in thep°'i presence of the poll clerk, if any, and of such of the candi- dates or of their agents as may then be present, open the ballot box and proceed to count the votes as follows : He shall examine the ballot papers, and every ballot paper : (a) which has not on its back his initials; or (&) on which more votes are given than the elector is entitled to give; or (c) on which there are not the full number of votes the elector is entitled to give; or (d) 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 (e) which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identi- fied; shall be void and shall not be counted. 1916, c. 19, s. 149. 150. The presiding officer shall take a note of any objec- objections tion made by a candidate or his agent, or, any elector author- ''°*'^'^ ised to be present, to any ballot paper found in the ballot box, and shall decide any question arising out of the objec- tion. 1916, c. 19, s. 150. 151. Every objection shall be numbered, and a corrc-Baiiot spending number shall be placed on the back of the ballot -JJIl^^ied '^ *"** paper and initialed by the presiding officer. 1916, c. 19. s. 151. 153. The presiding officer shall indorse "rejected'' on B?.iiot any ballot paper which he rejects as invalid, and shall indorse "rejection objected to" if any objection is made to his decision. 1916, c. 19, s. 152. 153. The presiding officer shall then count up the votes Cnt given for each candidate upon the ballot papers not rejected, and shall make up a written statement in words as well as in figures of the number of votes given for each candidate. 1364 Cap. 87 TOWNS Signed statement Agents at count Certificate of count Certificate on poll book and sealing up of packages 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 name or number of polling subdivision) and date of election; (h) number of votes for each candidate; (c) rejected ballot papers. 191G, c. 19, s. 153. 154. Upon the completion of the written statement it shall be signed by the presiding officer, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign such statement. 1916, c. 19, s. 154. 155. ]^J"ot more than two agents of any candidate shall be entitled to be jjresent at the same time in any polling place during the voting or the counting of the votes, and not more than one when the candidate himself is present. 1916, c. 19, s. 155. 156. Every presiding officer shall, upon being requested so to do, deliver to each of the persons authorised to attend at his polling place a certificate of the number of votes given at that polling place for each candidate, and of the number of rejected ballot papers. 1916, c. 19, s. 156. 157. Every presiding officer shall at the close of the poll, certify under his signature on the poll book in full words the total number of persons who have voted at the polling place at which he has been appointed to preside, and shall at the 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 candi- dates or agents of candidates as desire to affix their seals and marked each upon the outside with a short statement of the contents of the packet, the date of the election, the name of the town, the name of the officer presiding at the poll and of the polling subdivision, if any: (a) the statement of votes given for each candidate and of the rejected ballot papers ; (h) the used ballot papers which have not been objected to and have been counted; (c) the ballot papers which have been objected to but which have been counted; (d) the rejected ballot papers; (e) the spoiled ballot papers; (/) the unused ballot papers; TOWNS Cap. 87 1356 (g) a statement of the inmiber of voters whose votes have been marked by him under sections 145 and 146 with tlie declaration of inability; and the notes taken of objections made to ballot papers found in the ballot box. 1916, c. 19, s. 157. 158. The officer presiding at the poll shall make and Deputy '« subscribe before a justice of the peace or before the poll '•e*"™ clerk his declaration under oath that the voters' list and poll book were used in the manner prescribed by law and that the entries required by law to be made therein were correctly made; which declaration may be in the following form: I, C. D., the undersigned returning officer for the town of {or deputy returning officer for polling subdivision No. in the town of ), do solemnly swear {or, if he is a person permitted by law lo affirm, do solemnly affirm) that to the best of my knowledge the annexed voters' list and poll book used (in and for the said polling subdivision) at this election held on the day of December 19 , were so used in the manner pre- scribed by law and that the entries required by law to be made therein were correctly made. Signed C. D., {Deputy) Returning Officer. Sworn (or affirmed) before me at this day of 19 , Signed K. Y., Justice of the Peace {or as the case may he) ; and such declaration shall thereafter be annexed to the poll book. 1916, c. 19, s. 158. 159 — (1) Where the town has been divided into polling ^eiivery^to subdivisions, each deputy returning officer shall forthwith "^cer deliver the voters' list, poll book and packets personally to the returning officer; and if owing to illness or other cause he is unable to do so, he shall deliver the packets to a person chosen by him for the purpose, and shall write on the outside of the cover of each of the packets the name of the person to whom the same has been so delivered, and shall take a proper receipt therefor. (2) He shall also forthwith return the ballot box to the returning officer and deliver to that officer a duplicate of the statements of the votes given for each candidate and of the rejected ballot papers, signed by him and certified to be correct. 1916, e. 19, s. 159. 1356 Cap. 87 TOWNS -frxounr^*''^ 160. The packets shall be accompanied by a statement made by the presiding officer, showing the number of ballot papers intrusted to him and accounting for them under the heads of: 1. Counted; 2. Eejected; 3. Unused; 4. Spoiled ; 5. Ballot papers given to voters who afterwards returned the same declining to vote; and 6. Ballot j:)apers wrongfully taken from the polling place, if any; which statement shall give the number of papers under each head. 1916, c. 19, s. 160. ■Summary by returning officer of TO'^ult Returning officer's -•a^tina vote And no other Assumption of office Return Vjy returning officer to town clork 161. The returning officer, after he has received the ballot papers and statements before mentioned of the number of votes given in each polling place, shall, without opening any of the sealed packets of ballot papers, cast up from the state- ments the number of votes for each candidate. 1016. c. 19, s. 161. 163. The returning officer, immediately after making the declaration mentioned in section 158, or, where the town has been divided into polling subdivisions, at noon on the day following the return of the ballot papers and statements, shall publicly, at the town hall or some other public place, 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 put up in some conspicuous place a statement under his hand showing the number of votes polled for each candidate. 1916. c. 19, s. 162. 163. In case it appears, upon the casting up of the votes as aforesaid, that two or more candidates for any office have an equal 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. 1916, c. 19,%. 163. 164. Except in such ease no returning officer shall vote at an election. 1916, c. 19, s. 164. 165. The person elected as aforesaid shall make the neces- sary declarations of office and qualification and shall assume office accordingly. 1916, c. 19, s. 165. 166. — (1) Forthwith after the election the returning officer shall deliver to the town clerk the poll books, ballot boxes, packets and returns aforesaid ; and the town clerk TOWNS Cap. 87 1357 shall Thereafter be responsible for their safe kee})ing and for their delivery when required. (2) The same may be inspected at any time in presence of the town clerk by any elector. 1916, c. 19, s. 160. 167. The town clerk shall retain for one iiHU)ih ail l>allot ^Xuot"" papers received by him as aforesaid, and shall then, unless otherwise ordered by a judge, cause them to be destroyed in the presence of two witnesses whose affidavit that they have witnessed the destruction of the said papers shall be taken before the mayor, a justice of the peace, or a commissionei- for oaths and filed by the town clerk among the records of the town. 1916, c. 19, s. 167. not 168. All deputy returning officers, poll clerks and con >'^i".' stables shall, if otherwise qualified, be entitled to vote. 1916, disqiroifipd c. 19, s. 168. GENERAL PROVISIONS. 169. A candidate may himself undertake the duties which ^^^^^^^'^^^^^ any agent of his might have undertaken, or he may assist his own behalf agent in the performance of such duties and may be present at any place at which his agent is by this Act authorised to attend; but no candidate shall be present at ihe marking of a ballot for a voter under section 14.5 or 146. 1916. c 19. s. 169. - 170. When, in the sections of this Act relating to elections ^;;;;'1^'';„^^ of mayor or councillors, expressions are used requiring or authorising any act or thing to be done, or implying that any act or thing is to be done, in the ]n-esence of the agents of a candidate or candidates, such expressions shall be deemed to refer to the presence of such agents as are authorised 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 thine is otherwise duly done, the nonat tendance of any agent at such time and place shall not invalidate it. 1916, c. 19. s. 170. 171. No election shall be declared invalid by reason of ^^^^[^"* a noncompliance with the provisions of this Act as to the result holding of a poll 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 cognisance 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. 1916, c. 19. s. 171. 1358 Cap. 87 TOWNS Expense 173. All reasonable expenses incurred at any election under 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. 1916, c. 19, s. 172. Posting legal provisions at poll Inspection 1T3. The town clerk shall, prior to every election or the voting upon any bylaw, furnish every deputy returning officer with at least two copies of sections 3 and 4 of The Contro- verted Municipal Elections Act, and it shall be the duty of the officer 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. 1916, c. 19, s. 172. 1^4. — (1) No person shall be allowed to inspect any ballot papers in the custody' of the town clerk, except under order of a judge to be granted 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 pro- ceedings under 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 town clerk. (2) 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 thinks expedient. 1916, c. 19, s. 174. Recoun Deposit Attendance RECOUNTS. 175. In case, at any time within fourteen days from the time when the ballot papers used at an election have been received by the town clerk, it is, on the affidavit of a credible person, made to appear to a judge that a presiding officer in counting 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 in writing to be given to the candidate whose seat may be affected, of the time and place at which he will proceed to recount the same. 1916, c. 19, s. 175. 176. At the time of the application for a recount the applicant 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. 1916, c. 19, s. 176. 177. The judge, the town clerk with the ballot papers, each candidate and his agent notified to attend the recount of votes and representatives of the press, and no other person, TOWNS Cap. 87 1359 except with the sanction of the judge, shall be entitled to be present at the recount. 1916, c. 19, s. 177. rocedure pening of 178. — (1) At the time and place appointed the judge ^'^ shall proceed to recount all the ballot papers received by the p'^'^^^^^ town clerk from the returning officer as having been given in the election complained of, and he shall, in the presence of such of the parties- aforesaid as attend, open the sealed packets containing: (a) the used ballot papers which have not been objected to and have been counted ; (h) the ballot papers which have been objected to but which have been counted ; (c) the rejected ballot papers; (d) the spoiled ballot papers; (e) the unused ballot papers. (2) In recounting the votes care shall be taken that the mode in which any particular voter has voted shall not be discovered. 1916, c. 19, s. 178. 179. — (1) The judge shall, as far as practicable, proceed^'"'® continuously with the recount of the votes, allowing only time for refreshment, excluding Sundays, and on other days, except so far as he and the parties aforesaid agree, excluding the hoiirs between six o'clock in the evening and nine o'clock on the succeeding morning. (2) During the excluded time the judge shall place the ballot papers and other documents relating to the election under his own seal and the seals of such others of the parties as desire to affix their seals, and shall otherwise take precau- tions for the security of the papers and documents. 1916, e. 19, s. 179. 180. The judge shall proceed to recount the votes as ^„^^^^;°^ follows : 1. He shall examine the ballot papers; 2. Any ballot paper: (a) which has not on its back the initials of the presid- ing officer ; or (&) on which votes are given for more candidates than are to be elected for the office in question; or (c) on which there are not the full number of votes the elector is entitled to give; or (d) 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 1360 Cap. 87 TOWNS (e) which has been torn, defaced or otherwise dealt with bv tlie voter so that he can thereby be iden- *j •J tified; shall be void and shall not be counted ; (3) A ballot paper (ni which votes are given for a greater number of candidates for any office than the voter is entitled to vote for, or on which there are not the full number of votes the elector is entitled to give, shall be void as regards all the candidates for that office, but shall be good as regards- the votes for anv other office in respect to which the voter has not vofed for more or fewer candidates than he is entitled to vote for ; but no word or mark written or made, or omitted to be written or made, by the presiding officer on a ballot paper shall affect the vote ; 4. The judge shall take a note of any objection made by a candidate or by his agent to a ballot paper, and shall decide any question arising out of the objection; and the decision of the judge shall be iinal; 5. The judge shall then count the votes given for each candidate upon the ballot papers not rejected, and shall make up a written statement, in words as well as in figures, of the number of \otes given for each candidate, and of the number of ballot ]iapers rejected and not counted by him; which statement shall be made under the several heads following: (a) names of candidates; (h) number of votes for each candidate; (c) ballot papers wanting initials of presiding officer; (d^ ballot papers rejected as marked for more or fewer 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 ; 6. Fpon the completion of the recount, or as soon as he has ascertained the result of the voting, the jndge shall seal up all the ballot pajiers in separate packets and shall forth- with certify the result to the town clerk, 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 town clerk shall have the casting vote ; 7. Nothing in this section contained shall prevent or affect anv remedy which any person may have under the provisions contained in The Controverted Municipal Elections Act by proceedino's in the nature of quo irarranfo or otherwise. 1P16, c. 19, s. 180. TOWNS Cap. 87 1361 181. — (1) All costs, charges and expenses of and iuciden-^"'"^'' tal to an apjilication 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 any costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, unfounded allegations or un- founded ol>jeotions on the i^inrt either of the applicnur or the i-espondcnt. (2") The costs shall be on the district cuui-t sculc. and may, if the judge so orders, be taxed in the same mauuer and aceoi-ding to the same principles as costs are taxed between solicitor 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 non- iiavment thereof. 1916. c. 19. s. 181. PENALTIES. 182. — (1) ISTo person shall: ^'"^** (a) without due authority supply a ballot paper to any person ; or (6) fraudulently put into a ballot box any paper other than the ballot paper which he is authorised by law to put in; or (c) take a ballot paper out of the polling jdace; 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 ballot 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 ]')rovision 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, counsel or procure any other person so to do. (2) !N"o person shall attempt to commit any offence speci- fied in this section. 1362 Cap. 87 ' towns (3) A person guilty of any violation of this section shall be liable, on summary conviction, if he is the 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 for a 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. 1916, c. 19, s. 182. 1^3. Every returning ofiicer, deputy returning officer, or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of sections 129 to 184 shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act or omission, a penal sum of $200. 19 IG, c. 19. s. 183. officers, etc. 184. — (1) 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) 1^0 candidate, agent or other person shall in the polling booth canvass or solicit votes or make any communication to a voter otherwise than through the presiding officer. (4) !N"o one shall display in the polling booth or distribute there a specimen ballot paper marked for a candidate, or leave or post the same in the voting compartment. (5) No officer, clerk, agent or other person shall com- municate 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. (6) Every officer, 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 communicate any information obtained at such counting as to the candidate or candidates for whom any vote is given, (T) No person shall directly or indirectlv 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. TOWNS Cap. 87 1363 (8) Every person who acts in contravention of this section shall be liable on summary conviction to imprisonment 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. 1916, c. 19, s. 184. 185. No person who has voted at an election shall in any ^0^^°^*** legal proceedings to question the election, or returns or otherwise relating thereto, be required to state for whom he has voted. 1916, c. 19, s. 185. Note. — For provisions as to corrupt practices at elections, see The Controverted Municipal Elections Act. SCHOOL TRUSTEES. 186. — (1) The board of trustees of high school, public ^°^«« ^'o™ school and separate school districts of a town shall give notice boards to the town clerk on or before the fifteenth day of November in each year, of the number of vacancies required to be filled to make the school boards complete. (2) Where any such school district extends beyond the limits of the town, the secretary treasurer of each village or rural municipality within which any portion of the district is comprised shall, on or before the said fifteenth day of November, furnish the town clerk with a list of the persons qualified to vote in such portion, certified to be correct, and distinguishing between public and separate school supporters. 1916,^c. 19, s. 186. 187. The nomination and election of school trustees shall Nomination be held at the same time and place and by the same officers, and shall be conducted in the same manner as the nomination and election of mayor and councillors. 1916, c. 19, s. 187. 188. All the provisions in this Act contained, respecting p^^g^^jg „ the election and qualification of councillors and the qualifica- '°'' aWermen tions of electors and the voting at elections, shall mutatis . mutandis apply to the election of school trustees. 1916. c. 19, s. 188; "l9ir, c. 12, s. 7. 189. lu the list of qualified voters to be delivered to the lXl\^ returning officer by the assessor before the opening of the s"PPorter« poll, the assessor shall place opposite the names of any persons on the said list, who are assessed on the last revised assessment roll as supporters of separate schools, the letters "SSS" ; and no officer presiding at a poll shall deliver to any such person a ballot paper for the public school trustees. 1916, c. 19, s. 189. Vol. n-8 1364 Oaths Cap. 87 TOWNS 190. In case objection is made to the right of any j^erson to vote at an election of school trustees, the officer presiding at the poll shall require the person, to whose right of voting objection is made, to take the oaths required by section ] 37. 19] 6. c. 19, s. 190. Form of ballot 191. A separate set of ballot papers shall be prepared by the returning officer at each election containing the names of the candidates nominated for school trustees, in the same form as those used for the election of councillors, except that the words "high (or public or separate) school trustee" shall be substituted for tho word "councillors"* thoroon. 1916, c. 19. s. 191. PART IV. Powers and Duties of the Council. Extent Bylaws generally Bylaws in partioular Raising revenue Temporary loans Exemption from taxation Remission of oertain taxes LEGISLATIVE JURISDICTION. 193. The jurisdiction of the council shall be confined to the limits of the town and to any property outside the town belonging to or under the control and management of the town, except where authority beyond the same is expressly given by this or any other Act. 1916, c. 19, s. 192. 193. In matters not specifically provided for by this Act the council may pass such bylaws and make such regulations as may be deemed expedient and are not contrary to law. for the peace, order and good government of the town, and for promoting the health, safety, morality and welfare of the inhabitants thereof, and for governing the proceedings of tho council, the conduct of its members, and tho calling of meetings. 1916, c. 19, s. 193. 194. For greater certainty but not so as to limit the general jiowers conferred by section 193, the council may make bylaws or regulations for all or any of the following purposes : 1. Raising its revenues by assessment on (a) lands, (h) businesses, (c) income, and (d) special franchises; 2. Authorising the mayor and treasurer to borrow such sums of money as may be required to meet the current expenditure of tho town until tho taxes levied for the year can bo collected ; 3. Exemption from taxation for the then current year; 4. Remitting all or a part of the taxes, including arrears, upon land usorl for agricultural purposes within the towTi TOWNS Cap. S7 1365 limits other than rates imposed to meet the principal, interest or sinking fund of debentures, and refunding proportionately taxes u)ion such hind already paid: Provided that no such i-eniissiou shall l)e nuide in respect of land which is subdivided into lots or blocks according to a registered plan or which does not exceed forty acres in extent ; 5. Compromising upon such terms as may be agreed u|)on Compnuni^iM); for the payment of arrears of taxes of indigent persons ; 6. 1'he i)revention of cruelty to animals; anhnaia** 7. Granting aid to agricultural societies, boards of trade, Agricultural ~ ~ ' aocieties incorporated mechanics' and literary institutes, or playground associations; 8. Granting aid to the (^anadian Patriotic Fund and to i'"V'°t'''a°'i =■ Red Cross 'the IumI Cross Fund; funds 9. Granting aid to rifle associations and militia organisa- ^ganiLtions tions; 10. The relief of the poor; Relief of p^or 11. Providing temporary detention homes or shelters f<>i" ^om^*'"" neglected children; 12. Ap])ointing jioliccmen, and one or more license inspec- P"'*"^ tors and regulating and defining their duii(^s and their remuneration ; 13. Subject to The Public Healih Ad or any other Act P«biic health affecting the public health., and any regulations made there- under, providing for the health of the town and against the spreading of contagious or infectious diseases, and appoint- ing and defining the duties of a health offic(M- and assistants; 14. Establishing and maintaining, or gi-anting . money toBathmg aid in the construction of public bathing houses ; 15. Preventing or regxilating bathing or washing the per- son in any public water in or within one mile of the limits of the municipality ; .16. The making of provision for the proper scavenging of Scavenging the town, licensing and regulating scavengers and fixing a schedule of rates to be charged by scavengers ; 17. Establishing and maintaining a system for the col lee- ^^^j"^^^^ tion, removal and disposal at the expense of the corporation of garbage or of garbage and other refuse or of ashes, gar- bage and other refuse, and erecting and maintaining such buildings, machinery and plant as may be deemed necessary for the purpose; or contracting with some person for the collection, removal and disposal by him of the ashes, garbage and other refuse, upon such terms and conditions as may be deemed expedient ; 1366 Cap. 87 TOWNS Assessment for privies Planting trees Census Public works Public buildings Public markets Selling on streets Public scales Ferries Public wells Regulating buildings 18. Charging to all assessed owners of land upon which privies exist, whether used or not, a fixed sum per privy per annum to cover the cost of removing the contents thereof, such charge to be added to the tax roll as a special assess- ment against the land of such owners, and to be recoverable in like manner as other taxes which are a lien upon land; 19. Providing for planting and protecting trees on high- ways and other public places ; 20. Taking the census of the town; 21. Laying out, constructing, repairing and maintaining highways, roads, streets, bridges, alleys, byways and cul- verts; 22. The erection of halls, lockups, weigh houses, markets and all such buildings as may be required by the municipal- ity and the expropriation of lands therefor; 23. The establishment and regulation of public markets and of stock yards, and the imposition of penalties for light weights, short measurement and any breach of contract in public markets, and restraining or preventing selling on the streets ; 24. Establishing town scales for weighing or measuring, and compelling the weighing or measuring thereon or there- by of anything sold by weight or measurement, establishing or regulating the fees to be paid for weighing and measuring on such scales, compelling dealers in coal to weigh upon such scales all coal sold by them if requested to do so by the pur- chaser, and prohibiting the owners of private scales from charging fees for the use of the same when such town scales are in operation ; 25. Installing, maintaining and operating any ferry run- ning within or within and without the town under the pro- visions of The Highways Act; 26. Regulating and controlling the use of wells, springs and other sources of supply of water for the town, making provision for a supply of water for the town, regulating the use of and rates to be paid for same and preventing the con- tamination of any stream of water flowing through or past the town ; 27. Subject to any provincial rules or regulations, regu- lating the size, structure, number and construction of doors in churches, theatres and halls or other places of public meet- ing or places of amusement and the street gates leading thereto, the size and structure of stairs and stair railings in such buildings, the strength of beams and joists and other supports used in their construction, the method of lighting them and the provisions of stand pipes and other fire appli- ances in connection therewith; TOWNS Cap. 87 1367 28. Preventing the obstruction of the halls, aisles, passage ^^g^^^"*^^^ ways, alleys 'or approaches in a church, theatre, hall or other "» '^"^''^•''K" place of public meeting during the occupation of the same for a public assemblage; 29. Providing for and regulating the construction and^'^.^ maintenance upon buildings more than two storeys in height of a sufficient number of proper ladders, fire balconies and fire escapes; 30. Regulating the size and strength of walls, beams, ^^j||fj'j^*^-3 joists, rafters, roofs and other supports in buildings within the town; 31. Constructing and maintaining such sewers, drains ^^'"'^''^ and ditches, either within or without the town, as may be required to secure the proper drainage of the town, and dis- posing of the sewage; . 32. Building and repairing sidewalks, preventing the ^''^^^*^'** leading, riding and driving of cattle or horses on sidewalks ; 33. Making provision for the carrying out of any pro- J^^^",'^, vincial law regulating the use and speed of motor vehicles on highways; 34. Regulating the rate or pace of riding or driving any J^l^i^ting vehicle within the town ; 35. Preventing the incumbering of streets and other pub- J^^J^^^^bermg lie places by vehicles and other articles; 36. Controlling or preventing the riding of bicycles or Bicycles tricycles on any sidewalk ; 3Y. Purchasing, contracting and working any quarry, Q^a^'es, etc. gravel or sand pit wherever situated, for the purpose of the town; 38. Fixing the quality and weight of bread offered for^ssiz^eof sale or sold within the town and prescribing the marks which it shall bear, and making and enforcing regulations for the sanitary conditions of bread, bakehouses and bakeries; 39. Regulating the sale of any articles used for food or Articles of drink and providing for the inspection of the same and for seizure and forfeiture of such articles offered or exposed for sale, contrary to law; 40. Granting a special franchise to any company or syndi- f PnlhLe cate mentioned in section 247 (1) (c) subject to the condi- tions therein set forth ; 41. Building, erecting, buying or leasing, controlling and E^«ctnc^p^nt, operating any electric light, heat or power plant, gas or etc. waterworks plant; 42. Authorising the mayor and town, clerk to sign any ContrMts for contract with any person or corporation to supply light, water power, water or gas for the use of the town for any period 1368 Cap. 87 TOWNS Removal of rubbish Nuisance grounds Privies Bi!lboarda Billposters Sparring nnd boxing Nuisances . Slaughter houses and dairies not exceeding twenty years, subject to the ratification of the bylaw by two-thirds of the burgesses voting thereon ; 43. Compelling the removal of dirt, filth, dust or rubbish oft' 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 cither within or without the town ; 44. Regulating and controlling the use of nuisance grounds own(^d or used by the town ; 4.5. Preventing and controlling the construction of privy vaults and providing for the keeping of the same in a proper state of cleanliness ; 46. Controlling throughout the town or in any specified part thereof, the erection and use of billboards, signboards or other advertising devices of any kind, whether the notices be printed or otherwise displayed; requiring a license from the council or a town official designated for the purpose as a condition of (u-ccting or continuing the use of any signboard, billboard or other advertising device, and authorising the removal and destruction of signboards or billboards or other advertising devices erected or maintained without such license ; 47. Regulating and licensing billposters and preventing the pulling down and defacing of signboards and billboards or printed or other notices lawfully affixed, and preventing the defacing of private or other property by printed or other notices ; 48. Prohibiting sparring exhibitions and boxing matches, where an admission fee is charged, without the written authority of the council or the chief of police, as the case may be; 41). Preventing and compelling the abatement of nuis- ances generally ; 50. Subject to The Public Health Act and any rules or regulations made thereunder: (a) preventing and controlling the erection and use of slaughter houses within the town; {h) inspecting .and regulating slaughter houses and dairies, as well as all other places within the town where food is produced or kept which is intended for sale ; (c) inspecting and regulating slaughter houses, dairies and all other places outside the town from or through which food is brought for sale within the town ; (c?) framing and enforcing building and sanitary regulations with regard to all places mentioned in clauses (h) and (r) ; TOWNS Cap. 87 1369 (e) establishing and maintaininii- public slaughter houses ; 51. Preventing and controllino' the storage of jninpowder s*°jaK.e of and other combustible, explosive or dangerous substances within the town ; 52. Preventing the discharge of firearms and explosives F"''^';a'!"s and ^ '-^ ' explosives HI the town; 53. Directing the removal of doorsteps, porches, railings P'^oj^^'-'on? . ~ , ... ~ on SKlowalk or other erections or obstructions projecting into or over any sidewalk, street or other public place, at the expense of the owner of the property with which such projections arc con- nected, and assessing said expense, if not paid forthwith upon demand, against said lot or property ; 54. Appointing street and building inspectors and dctin-Bui'ding 1 . T . " . -,. <• t ,' inspectors ing their duties, providing for the summary removal oi any pole or wire or other obstruction from the street, or for th(^ pulling down or removal or closing to the use of the public of anv buildinff or other erection within the town which shall be deemed dangerous by such inspectors; 55. Namino- or numberino- the streets, avenues and build- Naming & 11 r ^ r streets, etc. ings and changing the names and numbers or any oi them oi streets, avenues and buildings now existing or hereafter laid out within the town ; 56. Subject to any law in force in the province, licensing, Hawkers reaulatino- and governino- auctioneers, hawkers and pedlers and transient traders; 57. Requiring transient traders to pay a business tax oi'^/^^^^i?"* give security therefor as a condition of commencing busi- ness; 58. Licensing and regulating all persons carrying on bu si- Horse dealers ness as sellers of horses and mules within the town or bring- ing horses and mules into the town for the purpose of selling or offering the same for sale; 59. Eestraining and regulating the running at large ofoogtaK dogs, imposing a" tax on persons owning, possessing or harbouring them, and providing for killing dogs running at large contrary to law; GO. Licensing, regulating and governing persons who for Billiard extinguishing of fires, pulling down and razing buildings ^^^^ and removing property in the vicinity of fires for the pur- pose of preventing the spreading of the same; and provid- ing compensation 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 under the authority of the council, the council shall compensate the owner for the amount of insurance which the owner would have been entitled to had the building been burned ; 74. Kespecting the erection, classification and repair of f/p^^^>?°J} ^°*^ buildings to be erected within the town or any part thereof, buiwinga the minimum distance of such buildings from the street line and the minimum space to be allowed between buildings and the side lines of the lots upon which they are constructed ; 75. Preventing the erection of wooden buildings or addi- ^oo^^^^^ ^^ tions thereto and wooden fences in specified parts of the town, 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, regulating the construction and dimensions of chimneys and enforcing the proper cleaning of the same and Chimneys authorising the pulling down or removal at the expense of the owner thereof of any building or erection which may be con- Removal of structed or placed in contravention of any bylaw; 76. Prohibiting the erection of any building used or to be Prohibiting 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 town as the council may designate : Provided that no such bylaw shall prohibit the continued maintenance for any of said purposes of any building used for such purposes at the time of the passing of such bylaw ; 77. Generally establishing such measures as the safety Prevention and welfare of the town may require for the prevention and ° extinguishment of fires ; 78. 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 1372 (up. 87 TOWNS Joiut hospital for charitable institution Turks, exhibition grounds, etc. Rinks Nursing homes Landed property Bands of music Cemetery guaranteeing the repayment of the principal and interest of any loan obtained by the hospital authorities: Provided that the amount of any such guarantee together M-ith the debenture indebtedness of the town shall not exceed the amount fixed by section 305; and further that, in case of a guarantee, the bylaw shall receive the assent of two- thirds of the burgesses voting thereon ; 79. Uniting with the councils of other nninicipalities in the construction and maintenance of a hospital or charitable institution deemed by all the councils concerned to be of benefit to their respective municipalities and entering into an agreement as to the joint control and management thereof in accordance with regulations made under Tlie Union Hospital Act, the sum granted for maintenance not to exceed two mills on the dollar upon the total valu(; of the assessable property within the town according to the last revised assessment roll : Provided that for the purposes of this paragraph the word "municipalities" shall mean and include rural municipali- ties, villages, and towns ; SO. Acquiring an estate in landed property within or without the town for a public park, forest area, garden or walk or for athletic grounds or a place for exhibitions, and for the disposal thereof when no longer required for the purpose or when the council deems it advisable to dispose of the same : '-•ovlded, however, that no land purchased for any of the above purposes, shall be sold or disposed of in any way except under the authority of a bylaw assented to by two- thirds of the burgesses voting thereupon-, 81. Acquiring, building, establishing and operating skat- ing rinks and curling rinks; 82. Licensing and supervising nursing and maternity homes ; 83. Accepting and taking charge of landed property within or without the town dedicated for a public park, garden or walk for the use of the inhabitants ; S-i. Aiding the establishment or maintenance of bands of nmsic by any corps of active militia within the town or any other bands of music ; 85. Purchasing, maintaining and controlling a cemetery outside the town and preventing or regulating the burial of the dead within the town: Provided that in each cemetery purchased and owned by a town there shall be set aside a portion for the burial of the destitute ; TOWNS (:;ap. 87 1373 S6. Adopting- any other tinio than "monntain standann""* time" for regulating business honrs within the municipality, subject to the approval of a majority of the electors voting thereon ; 87. Submitting,' to tlic vote of the electors any municipal Any. . •p 11 1 • 1 1 1 • A municipal question not specitieally ant.'iorised by this Act; question •SS. Authorisino; tlie mayor to proclaim as a civic hoi icUiv f 'y.'? a day to be named in the bylaw. 1010, c. 19, s. 194; 1917, c. 12, s. 8; 1918-19, c. 35^, s. 4. 195. Where power is given to the town under the ]>i"<»- ^.'j.curify visions of this or any other Act to perform services or sell goods or lands, it shall liave and be deemed always to have had the same right as a private individual to take security for any debt owing to it, arising out of matters transacted in tlie exercise of such power. 1917 (sess. 2), c. 20, s. 3. CI.OSIiSG OF SHOPS. 196. — -(1) The council may by bylaw require that during closing of the whole or any part of the year any class of shops within the town shall be closed, and remain closed on each or any dav of the week, during any time between six o'clock in the afternoon and five o'clock in the morning of the next follow- ing day or may require that any class of shops shall be closed and remain closed during any time between one o'clock in the afternoon and five o'clock in the morning of the next following day upon any one day of the week. (2) No such bvlaw shall be passed unless upon petition. I'etition by . i. -, 1 .... shopkeepers and unless the council is satisfied that such petition is signed by not less than three-fourths in number of the occupiers of shops throughout the town belonging to the class to which such petition relates. (3) No bylaw passed under this section shall be repeah^d Repeal of unless it appears to the council that more than one-tnird in number of the occupants of a class of shops affected thereby are opposed to its continuance, in which case the council may repeal the bylaw in so far a<* it relates to such class. (4) A pharmaceutical chemist or chemist and druggist (•helnist^= and shall not be liable to fine, penalty or punishment under anyl-xcfptld such bylaw for supplying medicines, drugs or medical appli- ances after the hour appointed Iw such bylaw for the closing of shops. (5) Nothing in such bylaw Cdiitained shall reader the supplying occupier of any premises liable to fine, penalty or punishment emergerfoy for supplying any ai*ticle required for immediate use by rea- son or because of an emergency arising from sickness or death. 1374 Cap. 87 TOWNS "Shop" ' ' Closed' Power to prohibit Refund on revocation Licenses not to exclude taxes Production of provincial license (6) "Shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail, and barbers' shops; but not where the only trade or business carried on is that of a tobacconist, news- agent, hotel, inn, victualling house or refreshment house. (7) "Closed" means not open for the serving of customers. 195. 1916, c 19, s. LICENSES. 19T. The power to license any business, industry or calling or the person carrying on or engaged in it shall include the power to prohibit the carrying on or engaging in it without a license, and to impose penalties upon unlicensed persons, to fix the fees to be paid for licenses and to enforce payment of the same, to limit the time during which a license shall remain in force and to suspend or revoke or provide for the suspension or revocation of licenses; and such power shall, within the town, extend to persons who carry on business partly within and partly without the town limits. 1918-19, c. 35, s. 5. 198. Where a license is revoked, the licensee shall be entitled to a refund of a part of the license fee proportionate to the unexpired part of the term for which it was granted. 1916, c. 19, s. 198. 199. The imposing or collecting of license fees shall in no case be held to prevent the assessment of any land held or used by the license holders or the collection of any taxes lawfully imposed thereon. 1916, c. 19, s, 199. 300. 'No town or town official shall issue a license to any person required by law to obtain a provincial license, until the applicant has first produced the proper provincial license, and no license issued by a municipality without such pro- duction shall be valid. The town license issued in such case shall state the fact that the licensee has produced the pro- vincial license required by law. 1916, c. 19, s. 200. Public hotels, etc., subject to license PUBLIC ACGOMMOBATIOlSr. 301. The council shall have power: (a) to license public hotels and other places of public accommodation, and to adopt by bylaw regulations with respect to the licensing and the conducting, management, appointments and inspection of all such places and to enforce such regulations by means of penalties; (h) to refund in whole or in part any taxes other than school taxes paid by any licensee of a public hotel ; TOWNS Cap. 87 1375 (c) to provide for the establishment of a public rest and reading room, and to make rules and regula- tions for the conduct and maintenance of the same; (d) to provide sample rooms for the convenience of commercial travellers, and to fix the fees for the use of such rooms; (e) to make suitable arrangements for the care and maintenance, by the licensee of any public hotel or other place of public accommodation, of any library the council mav desire to instal. 1917 (sess. 2), c. 26, s. 4. 302. The council may subject to the approval of a vote Couuciis may of the burgesses as in the case of money bylaws, rent, lease, purchase purchase or otherwise acquire any building or land which it "" "^ desires to use in any way for the purpose of providing public accommodation. 191Y (sess. 2), c. 26, s. 4. 303. For the purpose of any vote to be taken under the voting preceding section, the provisions of this Act with respect to voting on money bylaws shall, with the necessary modifica- tions, apply. 191 Y (sess. 2), c. 26, s. 4. 304. Upon securing authority to acquire property for Powers the purpose of providing: public accommodation the council securing ^ ^ ^ '^ '- authority may: (a) furnish the premises so acquired ; (&) provide for the management of such premises; (c) do all such other acts and things as may be deemed necessary or advisable to have the said premises conducted and managed successfully and economi- cally as a place of public accommodation. 1917 (sess. 2), c. 26, s. 4. 205. All moneys acquired for carrying out the provisions Provision of of sections 201, 202 and 204 may be provided from the general revenues of the town or by the issue of debentures or other securities. 1917 (sess. 2), c. 2,6, s. 4. 306. Any person desirous of conducting a public hotel Application to or other place of public accormnodation shall make application made to oierk for a license to the town clerk and the clerk shall, at the next sitting of the council after receipt of such application, submit the same to the council for its consideration. 1917 (sess. 2), c. 26, s. 4. 137G ('ap. 87 towns ri07. SiK'h application shall be in the following form: Public Acooi\[.modation. •^Pl>''<:"'"n APPLICATION FOR LICENSE. loriu T, hereby make application for a license to operate a in the biiilJing- occupied bv me situate on lot InTo. block l^o. in the town of in the Province of Saskatchewan. I am the true owner of the business and I am the ownier of (or have a lease of) the premises for which this license is requested and T am of the full aae of twenty-one years. Dated at 1 this [ (lay of 10 . f Signafnre of Applicant. and siunctl in the presence of j Signature. Tn addition to the iiifoiination contained in the above form, the applicant for a license shall furnish such informa- tion as the council may require. 1917 (sess. 2), c. 2t). s. 4. Council may 'iOH. — ( 1 ) Tlic couiicil, if satisticd that the applicant is a fit and proper person to conduct a public hotel or otner place of public accommodation, as the case may be, and that the premises to be used are necessary and suitable for the purpose may by resolution instruct the clerk to issue the license applied for. Such license shall be in the following form : Public Acco:*rMOi)ATioN. LICENSE. License form The couucil of tlic towii of hereby grants to this license to conduct a in the prem- ises situate on lots No. in block No. in the town of which license shall continue in force until the thirty-first day of danuary, 10 . unless otherwise suspended or cancelled. Dated at 1 this \ dav of 19 . ] Signafnre of ClerJc. \Se(il of inunicipalify.] Maxinuim (■2) The fco payable in advance for a license for a public for public" hotel shall be such as the council may determine, but it shall ''''^*" not exceed $1 and the provisions of subsection ((V) of section 302 shall not apply to such fee. TOWNS Cap. 87 1377 (3) The fee payable in advance for a license for a board- ing house or restaurant shall bo such as the council may determine. 1917 (sess. 2), c. 26, s. 4. ication renewal * to be injuri- ously affected, and may hold, lease, sell (u- oth(n-wise dispose of the surplus of any land so acquircnl. owv and above the land required for the work or enterprist\ 1 '•> 1 0, c 19, s. -208. PUBLIC UTIT.ITIES. 221. The provisions of The Municipal Puhlir Wo/V.-.v /^X'^^, , Art, shall be deemed to be incorporated in this Act, and the ||';'^^pp'"'*' \Dwn shall, with respect to public works of the various classes therein mentioned, possess all the powers and remedies con- ferred by the said Act, whether or not such works ha\e been or shall be constructed under bylaws purporting to be ]iassed under the authority thereof. 101(>. c. 19. s. 209. 328. Section 48 of the said Act shall not apply to money borrowed or debentures issued after the fourteenth day of March. 1916. 191G, c. 19, s. 210. ESTABLISHING A MUNICIPAL CENTRE. ! PROOF OF BYLAWS. 356. Every bylaw under this Act shall be under the seal of the town, and shall be signed by the mayor or other per- son who presided at the meeting at which the bylaw was finally passed and by the town clerk ; and every bylaw shall have three distinct and separate readings before it is finally passed; but not more than two readings shall be had at one meeting of the council except by the unanimous vote of the members present thereat. 1916, c. 19, s. 238. Evidence of bylaw 357. A copy of any bylaws written or printed and under the seal of the town and certified to be a true copy by the mayor or town clerk shall be received as prima facie evi- dence 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 town clerk has been forged. 1916, c. 19, s. 239. Printed copies as evidence 358. Printed documents purporting to be printed copies of any or all bylaws passed by the council, and purporting to be printed by the authority thereof, shall be admitted as prima facie evidence in all courts in this province of such bylaws and of the due passing thereof. 1916, c. 19, s. 240. PART V. Interpretation Voting on Bylaws. 359. In this part, unless the context otherwise requires: (a) "bylaw" includes a resolution and a question upon which the opinion of the electors is to be obtained ; (&) "electors" means the persons entitled to vote at the municipal elections, except in the case of a money bylaw or other bylaw upon which only the burgesses can vote, in which case it means the burgesses. 1916, c. 19, s. 241. TOWNS Cap. 87 1391 260. — (1) In case a bylaw requires the assent or is sub- ^°'=^^"''* mitted to obtain the opinion of the electors, before the final passing thereof, the following proceedings shall, except in cases herein otherwise provided for, be taken. (2) The council shall, by a separate bylaw hereinafter Appoi^^^tm^t called the procedure bylaw, appoint a returning officer and offic*^"-. etc. such number of deputy returning officers as may be expedient for the purpose of taking the votes of the electors, and such returning officer and deputy returning officers shall have and be subject to the like powers, authorities, duties and liabilities as returning officers and deputy returning officers in the case of an election under this Act. (3) The council shall by the procedure bylaw fix the day^^^g^°" and hour for taking the votes of the electors and the places in the town where polls shall be opened, and where the votes are to be taken at more than one place shall name a deputy returning officer to take the votes at every such place. (4) The day appointed shall be not less than three, nor more than five, weeks after the first publication of the notice hereinafter mentioned. (5) A proposed bylaw may be submitted on the day of J^aiar'' ''* the annual election, and, where it is so submitted, the pro- election cedure bylaw shall provide that the voting shall take place at the same time and at the same places as the annual elec- tion, and it shall not be necessary to appoint a separate returning officer or separate deputy returning officers to take the vote. (6) The council shall by the procedure bylaw fix a time c^"^f '"^k when and a place where the returning officer shall sum up tlie number of votes given for and against the proposed bylaw, or in the affirmative and the negative on the question submitted, and a time when the mayor will be in his office for the appointment of persons to attend at the various polling places and at the final summing up of the votes by the returning officer on behalf of the persons interested in promoting or opposing the passing of the bylaw respectively, or voting in the affirmative or negative on the question. 1916, c. 19, s. 242. 361. — (1) The council shall advertise in at least one Publication newspaper published in the town, or if there be none such, then in a newspaper circulating therein, a notice signed by the town clerk, giving a correct statement of the question to be submitted, or, in case of a bylaw, a concise statement of its object ; the time and place for the appointment of persons to attend at the polling places and at the final summing up of the votes by the returning officer ; and also the time for taking the vote, and the number and position of the polling divisions. 1392 Cap. 8 7 TOWNS (2) In case of a moiiev bvlaw the statement above men- ti<^ned shall show the amount of the debt or liability to be floated or the money to be raised, how the same is to be pay- able, and the amount to be raised annually for payment of the debt and interest, or the instalments if the debt is to be paid in instalments. (3) In ease of a bylaw granting a special franchise a& defined by this Act, the proposed bylaw shall be published in full. 'l916, c. 19, s. 243. Advertisement 2G2. Such uotice shall bc advertised once a week for three successive weeks, and the returning officer shall also post up a printed copy of such notice at ten or more conspicuous places in the town. 1916, c. 19, s. 244. Statement by returning officer 263. To each copy so published and posted shall be appended a notice over the printed signature of the return- ing officer stating that the above is a correct statement of the question submitted or a correct summary of a proposed bylaw which has been introduced and may bc finally passed by the council, in the event of the assent of the electors being obtained thereto, within four weeks of the voting thereon, and that upon the day and at the place or places fixed for taking the votes of the electors the voting thereon will be held between the hours of 9 a.m. and 5 p.m. 1916, c. 19^ s. 245. Voting on several bylaws 264. Where more money bylaws than one are to be sub- mitted at the same time, summaries of all or any number of them may be included in one notice signed by the town clerk as required by section 261. In such case only one notice signed by the returning officer, as required by section 263, need be appended thereto, which notice may refer in general terms to all the bvlaws summarised. 1916, c. 19. s. 246. Corporation 26.'>. Whcro a bylaw requires the assent of burgesses before the final passing thereof, any bank or other financial or commercial corporation assessed on the last revised assess- ment roll as the freeholder of real property, which if held by an individual would entitle him to vote, shall be entitled to one vote onlv which mav be given bv the chief resident officer of such corporation. s. 9. 1916, c. 19, s. 247: 1917, c. 12, Printing ballot pai>ers 366. Forthwith after the day has been fixed as aforesaid for taking the votes of the electors, 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 the voting. 1916, c. 19, s. 248. TOWNS Cap. 87 1393 267. At the time named for the purpose, the mayor shall ^Frepr^n"' attend at his office, and, if requested, shall appoint by writip.g*^^*^7fj^°'j signed by him two persons to attend at the final snmmiiici: up of the votes and one person to attend at each polling place on behalf of the persons interested in promoting the passing of tlie bylaw or voting in the affirmative on the question and a like number on behalf of the persons interested in opposing the passing of the bylaw, or voting in the negative on the question. 1016. c. 19, s. 249. 368. Before any person is so appointed he shall make and appointee subscribe before the mayor or the returning officer a declara- tion in the following form : I, the undersigned A. B., do solemnly declare that I am an elector {or burgess) of the town of and that I am desirous of promoting {or opposing as the case may he) the passing of the bylaw {here insert object of the bylaw) {or, of voting in the affirmative or in the negative, as the case may be, on the question) to be submitted to the electors {or bur- gesses) of the said town on the day of 19 (Signature) A. B. Declared before me this day of 19 . C. D., Mayor. or E. F., Returning Officer. 1916, c. 19, s. 250. 369. Every person so appointed before being admitted to ll'^^^^^l the polling place or to the summing up of the \otes, as the "^''"^ case may be, shall produce his written appointment to rlic officer presiding at the poll. 1916, c. 19, s. 251. 370. In the absence of any person authorised as aforesaid ^"''^t't"'* to attend at the polling place for the final summing up of the votes any elector in the same interest as the person so absent may, upon making and subscribing before the presiding officer, a declaration in the following form, be admitted to the polling place to act for the person so absent : I, the undersig-ned, .4. B., do soleumly declare that I am an elector {or burgess) of the town of and that I am desirous of promoting {or opposing as the case niay be) the - passing of the bylaw {here insert object of the bylaw) {or, of voting in the affirmative or in the negative, as the case may 1394 Cap. 87 TOWNS Form of ballot in cuse of bj'law he, on the question) to be submitted to the electors (or bur- gesses) of the said town on the day of 19 . (Signature) A. B. Declared before me this day of 19 . C. D., (Deputy) Returning Officer. 1916, c. 19, s. 252. 371. The ballot paper shall in case of a bylaw be in the followino- form: J. o oi ^ o w <» 3 - ^ to bcrs *^^^ ^ ^^ •a. e *~ >> ?i ^^ o S «•« bO '^'^ ci' FOR THE BYLAW. AGAINST THE BYLAW. 1916, c. 19, s. 253. Form of ballot in case of a question 373. The ballot paper shall in case of a question be in the following form: T— Voting on the follow- ing question (here state question YES. NO. 1916, c. 19, s. 254. Present at poll 373. During the time appointed for polling no person shall be entitled or permitted to be present in any polling place other than the officers, clerks and persons or electors authorised to attend as aforesaid at the polling place. 1916, c. 19, s. 255. Voters' lists 374.— (1) Where the town has been divided into polling subdivisions, the returning officer, before the poll is opened, shall at least half an hour before the poll is open deliver to the deputy returning officer for every polling subdivision a TOWNS Cap. 87 1395 voters' list containing the names arranged alphabetically of all the electors entitled to vote on the bylaw in that polling subdivision, and a brief description of the property in respect of which each is entitled to vote, and he shall attest the said list by writing under his hand. (2) In case of an elector voting on business or income, the fact shall be noted in the column provided for the description of property. 1916, c. 19, s. 256. 375. — -(1) Where all the municipal electors are entitled ^repaxation to vote on the proposed bylaw the same lists shall be used in taking the vote as would be proper voters' lists to be used at a municipal election. Such lists shall be prepared by the town clerk and shall be as final and conclusive as to the right to vote as when used at a municipal election. (2) In other cases the lists shall be prepared by the town clerk from the last revised assessment roll of the town, but the council may up to the eighth day before the day fixed for voting on the bylaw strike out from the said lists 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 the said roll acquired such qualification. (3) The lists prepared by the town clerk shall be certified by him to be true and correct lists of the persons entitled to vote on the proposed bylaw, and he shall, fifteen days at least before the day fixed for the voting, post up the same in his office. He shall also furnish the returning officer at a convenient time before the poll is opened with such copies of the lists as may be required for the election. 1916, c. 19, s. 25Y. 376. An elector may vote once only upon a bylaw. 1916, Elector may *' «/ X f vnt.p. nnna c. 19, s. 258. vote onoe only 377. The poll book shall be in the following form Form of poll book o o S "3 CO a tJD o ^ ." -^ > o o OJ ^ m > o .5 -s ' oj c:) t- o c zn Om ^ ^ 1916, c. 19, s. 263. 383. — -(1) Every elector tendering a vote on the bylaw Oat^iof may be required by the presiding officer or by any elector entitled to vote on the bylaw who may be present in the polling booth, to mal^e, 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 have not voted before on the bylaw ; That you are according to law entitled to vote on this bvlaw ; 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 (shounng 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 bylaw or for loss of time, travelling expenses, hire of team or any other service connected there- with ; 1398 Cap. 87 TOWNS Oath uo behalf of corporation Presiding officer's statement And that you have not, directly or iudirectl;^, paid or promised anything to any person either to induce him to vote or to refrain from voting. (2) In case the bylaw has been submitted for the approval of the burgesses, there shall be added to the above oath the following clause: "That you are a freeholder in your own right." (3) No inquiry shall be made of any voter except with respect to the facts specified in the above oath or affirmation. 1916, c. 19, s. 264. 283. — (1) The chief resident officer of a corporation tendering a vote on the bylaw may be required by the presiding officer or by any burgess present in the polling booth 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 bylaw on behalf of the corporation; That you are according to law entitled to vote on the bylaw as chief resident officer of the said corporation; 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; Thnt 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 bylaw or for loss of time, travelling expenses, hire of team or any other service connected there- with ; And that neither yon nor, to the best of your knowledge and belief, the said oov]->oration has directly or indirectly paid or promised anv thing to any person either to induce him to vote or to refrain from voting. (2) ^"0 inquiry shall be made of any such voter except with respect to the facts specified in the oath or affirmation. 1916, c. 19, s. 265. 384. The written statement to be made by every officer presiding at the poll at the close of the polling shall be made nnder the following heads: 1. "N'ame of town (and the name or number of polling subdivision) and date of voting; TOWNS Cap. 87 139» 2. Number of votes for and against the bylaw, or in the affirmative and negative of the question; 3. Rejected ballot papers. 19 IG, c. 19, s. 266. 385. The officer presiding at the poll shall take a note oi.jectiona of any objection made by a person authorised to be present to any ballot paper found in the ballot box, and shall decide any question arising out of the objection; ench objection to a ballot paper shall be numbered and a corresponding nmn- ber shnll be placed on the back of the ballot paper and- initialed by the presiding officer. 1916, c. 19, s. 267. 386. Every officer presiding at a poll shall, at the com- c-unt pletion of the counting of the votes, in the presence of the persons authorised to attend, make up into separate packets, sealed with his own seal and the seals of such persons author- ised to attend 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 voting, the name of the town, the name of the presiding officer and of the polling subdivision : 1. The statement of votes given for and against the bylaw, or in the affirmative and negative of the question, 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; 4. The rejected ballot papers; 5. The spoiled ballot papers; 6. The unused ballot papers; 7. The voters' list and poll book with the oath in the form prescribed by section 158 annexed thereto, a statement of the number of electors whose votes are marked by him under sections 145 and 146 with their declaration of inability, and the note taken of objections made to ballot papers found in the ballot box. 1916, c. 19, s. 268. 387. — (1) Every presiding officer shall, at the close of Return ' the poll, certify over his signature on the poll book in full words the total number of electors who have voted at the polling place at which he has been appointed to preside; and, before placing the voters' list and poll book in their proper package as aforesaid, he shall make and subscribe before a justice of the peace or the poll clerk his declaration under oath that the voters' list and poll book were used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made. The declara- tion shall be in the from prescribed by section 158, and shall thereafter be annexed to the voters' list. uoo Cap. 8 7 TOWNS (2) Where the town has been divided into polling sub- divisions the deputy returning officer shall then forthwith return the ballot box to the returning officer and he shall at the same time deliver to the returning officer the sealed ])ackets and a duplicate statement of the votes given for and against the bylaw, or in the affirmative and negative of the question, and of the rejected ballot papers, signed by liiiii and certified to be correct. 1916, c. 19, s. 269. S^f*"*^*""^ '^i^''"t"'-'*« current year shall provide for the issuing of debentures and the levying of annual rates for the payments of such debts. 1916, c. 19, s. 284. 303. The amount of the debenture debt of the town at if';:^^*j°° any time outstanding shall not exceed fifteen per cent, of the total amount of the assessment in respect of land, busi- nesses, income and special franchises, exclusive, however, of : (a) debentures issued prior to the fourteenth day of March, 1916, under powers conferred by The Municipal Public Worlcs Act; (h) debentures issued under the authority of The Secondary Education Act; (c) debts incurred for local improvements to the extent to which the amounts are secured by special assess- ments. 1916, c. 19, s. 285 (redrawn). 304. The amount of any funds or securities held by the Calculation 1 /• 1111T11* amount ot town to the credit of a sinkmg fund shall be deducted m debt calculating the total amount of the debenture debt of the town ar any time outstanding. 1916, c. 19, s. 286. 305. The bvlaw creating a debt shall state by recital or Contents of ^ bylaw otherwise : 1404 Cap. 87 towns ;. (a) the amount of the debt intended to be created and in some brief and general terms the object for wliich it is to be created; (b) the period over which the indebtedness is to be spread and the amount of the instahnent to be paid in each year, 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;. •V , (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 ; (f) that any consent of the Commissioner of Public Ileal th required by The Public Health Act ha3 been obtained. 1916, c. 19, s. 287. Jff^t ""^ *'''''"* 306. The bylaw shall name a day when it is to take eifect which day shall be not more than three months after the day on which the voting is to take place ; and if no day is named in the bylaw it shall take effect on the day of the final passing the'-of. 1016, c. 19, s. 288. Optional 307 (1\ The bylaw may provide that the indebtedness mode of ^ ' J ^ ^ , ii • i payment shall, as the council may deem expedient, be payable either: (a) in such manner that the principal shall be repay- able 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 l)y the bylaw provide ; (&) in such manner that the principal and interest shall be combined and " be made payable in, as nearly as possible, equal annual instalments during .the period for which the debentures have to run; (c) in such manner that, without combining the prin- cipal and interest the instalments of principal shall be of such amounts that, with the interest, payable annually or semi-aunually the aggregate amount payable for principal and interest in each year shall be as nearly as possible the same; (cZ) in such manner that the principal shall be repaid in equal annual instalments, with interest annually or semi-annually upon the balances from time to time remaining unpaid. r2 ) In case the indebtedness is to be payable in the manner set out in clause {a) of subsection (1), the bylaw shall ju'ovide for raising each year (hiring the currency of the debentures: TOWNS Cup. 87 1405 (a) a s{)eeitic sniii siiriicicnt to pay the inlei'ost on the debentures when and as il becomes due; (6) a specific sum which, with the estimated interest, at a rate not exceeding four per cent, per annum, capitalised yearly, will be sufficient to |)ay the principal of the dcbentiiros when and as it boeonie? due. (3) In the cases set forth in clauses (&), (c) and (d) of subsection (1), the bylaw^ shall provide for the raisini>\ in each year in which an instalment falls due of a specific sum. to pav both principal and interest when and as they become due. ' 1916, c. 19, s. 289. 308. — (1) The bylaw may provide that the clebentures Deim'^turM^ and coupons shall be payable in lawful money of Canada or payable in in sterling money of Great Britain, or in gold coin of the United States of America as provided by The Currency Act 1910 or as to part thereof in one and part thereof in the other of the said moneys of equivalent value, and may be made payable at any place or places in Canada, Great Britain, or the United States of America or elsewhere ; the equivalent value of the said moneys shall be the value provided in The Currency Act 1910. (2) Any bylaw authorising the issue of debentures for a certain amount with interest in law^ful money of Canada shall be taken to authorise the issue of debentures, or any of them, according to the provisions of this section, unless such bylaw states that the provisions of this section shall not apply thereto. 1916. c. 19, s. 290. issue 309. In the case of a bylaw heretofore or hereafter passed, Ch«'f„«/P^^^ the council may by bylaw, without the assent of the electors, of debentures authorise a change in the mode of issue of the debentures, or in the place or places where the same are payable or both ; and may provide that the debentures be issued with interest coupons instead of in amounts of combined principal and interest or vice versa; or may change the interest from annual to semi-annual or vice versa; or provide that the debentures may be issued in a different currency or may be in different amounts from those authorised by the original bylaw; and where any debentures issued under a bylaw hav(> hoon sold, pledged or hypothecated the council, upon again acquiring them, or any part of them, or at the request of any holder of them, may by bylaw, without such assent, authorise the cancellation of the same and the issne of one or more deben- tures in substitution therefor, and may make such new debentures payable bv the same or a different mode and at the same or a different idace or i)laces or providt^ that the interest shall be chaniivd from annual to semi-annual or 1406 Cap. 87 TOWNS vice versa; or may provide that they nvdj be issued in a different currency or may be in different amounts from those of the original debentures: Provided that neither the period over which the indebted- ness was originally spread nor 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 l)rincipal of such new debentures does not exceed the amount of the princi})al remaining owing upon the original deben- tures. 1916, c. 19, s. 291. Changing the rate of interest Borrowing additional suma 310. When in the opinion of the council, with a view to the better marketing of the town's securities, it is desirable that the debentures authorised by a money bylaw bear a rate of interest differing from the rate specified in the bylaw, the council may, with the approval of the Local Government Board which is hereby authorised to give such approval, and without submitting the same to the electors, pass a bylaw to amend the first mentioned bylaw by providing for a dif- ferent rate of interest and for a corresponding change in the amount to be raised annually. 1916, c. 19, s. 292. 311. Where a town has heretofore constructed, purchased or acquired, or hereafter constructs, purchases or acquires (1) gas, electric light, power or water works or works for the development of a water power for generating, or works for producing, transmitting or distributing electrical power or energy, or (2) sewerage works or works for the inter- ception, purification or disposal of sewage, at the expense of the corporation at large, the council may pass bylaws for borrowing such further sums as may be necessary to extend or improve such works or to meet the cost of extensions or improvements already made: (a) any such liylaw shall not require the assent of the electors if it is passed by a vote of three-fourths of all the members of the council and is approved by the Local Government Board; (h) such approval may be given if it is shown to the satisfaction of the board that the extension is neces- sary, and that a sufficient additional revenue will be derived therefrom to meet the annual payments in respect of such debt and the interest thereon, or in the case of the extension or improvement of sewerage works or works for the interception, puri- fication or disposal of sewage, that such extension or improvement is approved of by the Commissioner of Public Health; ' (c) tlip fimount borrowed shall not exceed 10 per cent, of the original cost of the system. 1916, c. 19, s. 20?.. TOWNS Cap. 87 1407 SUBMISSION OF DEBENTURK BYI.AWS TO MINISTER. 313 (1) The council of any town, which has heretofore f„PP^'i,'p^,'^°^, passed or shall hereafter pass, under the authority of this °fyf/^"'"*"^ or any other Act, a bylaw for contracting a debt or incurring a liability or for borrowing money, may apply to the minister for a certificate approving the bylaw. (2) No certificate shall be granted while any action or J;;';^;^^'*^^!,?,"* proceeding in which the validity of the bylaw is called in p;;°«^^i"^« . Where the interest for one year or more on the debentures issued under a bylaw heretofore or hereafter passed, and the principal of any debenture which has matured, have been paid l)y the town, the bylaw and the debentures issued under it shall be valid and binding upon the town. 1917, c. 12, s. 10. DEBENTURES. 317. A debenture shall be in one of the forms following or to the like effect : * FORM 1. ■ Town of ■ $ ■ Debenture No. Under the authority of The Town Act and of bylaw 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. Dated the day of 19 . Mayor. Corporate seal | of the town f Treofnirer. And the coupons may be in the following form: Coupons Coupon No. Debenture No. The town of on the the sum of will pay to the bearer at day of' 19 , dollars. Mayor. Treasurer. TOWNS Cap. 87 1409 FORM 2. Town of . $ Debenture Xo. Under the authority of The Town Act and of Bylaw 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 tlie meantime add) and to pay interest thereon at the rate of per centum per annum {yearly or half-yearly as the case may he) on the day of in each year, to the bearer of the several interest coupons hereto attached, upon presentation and surrender thereof as the same respectively become due. Dated the ' day of 19 . f Corporate seal | I of the town ) Mayor. Treasurer. And the coupons may be in the following form: Coupons Coupon No. Debenture No. The town of will pay to the bearer at on the day of 19 , the sum of dollars. (Signed) Mayor. Treasurer. 1916, c. 19, s. 298. 318. A debenture shall be sealed with the seal of the town, ^^^^^^^J,^^,"^ and signed either by the mayor or by some person authorised by bylaw to sign the same in his stead and by the treasurer. 1916, c. 19, s. 299. 319. The signatures on coupons attached to debentures ^^«'^!J^';^'=^ may be engraved or lithographed. 1916, c. 19, s. 300. imes 330. Debentures may be issued either all at one time or Tii in instalments at such times as the council deems expedient : of issue but no debenture shall be issued after the expiration of four years from the final passing of the bylaw authorising the 1410 Cap. 8 7 TOWNS Validation of debentures issue, aud any debenture may, provided it be actually issued within the said period of four years, bear any date within the said period. 1916, o. 19, s. 301. 331. Any debenture issued under this Act shall be valid and binding upon the town, notwithstanding any insufficiency in form or substance or otherwise of the bylaw or of the authority of the town in respect thereof; provided that the bylaw, not being a local improvement bylaw, has in case it is one provided for in clauses (6) and (c) of subsection (1) of section 247 received the assent of two-thirds, and in any other case has received the assent of the majority of burgesses voting thereon, and that no successful application has been made to quash it within two months after its final passing. 1916, e. 19, s. 302. Debenture rCKister 332. The treasurer shall open and keep a book to be known as "The Debenture Register" wherein shali be entered par- ticulars of every bylaw authorising 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 par- ticulars inserted therein in the following form : Eegistered in the debenture register as No. bylaw No. this day of 19 16, c. 19, s. 303. under 19 Effect of registriition 333. In case any debenture is registered in the debenture register the same shall be valid and binding in the hands of the town or of any bona fide purchaser for value, notwith- standina: anv defect in form or substance. 1916, c. 19, s. 304. Certificate of registration Registration of triiiixfer Debenture transfer reftister 334. A certificate, signed by the treasurer and sealed with the corporate seal of the town, that any debenture has been duly registered in the debenture register shall be prima facip. evidence of such registration. 1916, c. 19, s. 305. 335. Any debenture issued by the council may contain a ])i'ovision in the following words: This debenture, or any interest therein, shall not, after a certificate of ownership has been indorsed thereon by the treasurer of this town, be transferable except by entry by the treasurer or his deputy in the debenture register of the town. 1916, c. 19, s. 306. 336. — (1) In case of the issue of any debentures contain- ing the provision mentioned in section 325 the treasurer shall enter in the debenture register a copy of all certificates of ownershi]) of debentures which he may give, and also every subsequent transfer of such debenture. TOWNS (up. 87 1411 (2) No such entry shall be made except upon the written authority of an unregistered holder or the person last entered in such book as the owner of such debenture, or of his executors or administrators or of his or their hiwful attorney, which authority shall be retained and duly tiled by the treasurer. (3) After a certificate of ownership has been indorsed as aforesaid, the debenture shall only be transferable by entry by the treasurer or his deputy in such debenture register from time to time as transfers of such debenture are author- ised by the then owner thereof or his lawful attorney. 1016. c. 19/s. 307. PART VIII. Municipal Finance. ACCOUNTS AND INVESTMENTS. 337. The treasurer shall keep in his books two separate ^^^'er^^t-j^"^ accounts of the debenture debt, one for the interest and the accounts other for the sinking fund or for instalments of princii)al, both to be distinguished from all other accounts by a prefix designating the purpose for which the debt was contracted ; and he shall keep the said accounts so as to exhibit at all times the state of every debt and the amount of money raised, obtained and appropriated for payment of it. 1016, e. 10. s. 308. 338. If, after paying the interest of a debt for any finan- oiaposaiof cial year, and appropriating the necessary sum to the sinking fund of such debt or in payment of the instalments of principal, there is a surplus properly applicable to such debt, it shall so remain until required in due course for the pay- ment of interest or for the sinking fund or in payment of the principal. 1916, c. 19, s. 309. 339. No money levied and collected for the purpose of No^?|;^-rHion a sinking fund shall be applied towards paying any part of f'md the current or other expenditure of the town. 1916, c. 19. 8. 310. 330. Notwithstanding anything herein contained, if after l^Zrlr"" paying the interest of a^lebt for the financial year preceding -^^^l^^'"^ the year in which application hereinafter mentioned is made, and paying the necessary sum into the sinking fund account made up to the thirty-first day of December of that year, the town has received and receives during the current year interest on its sinkinii' fund investments in excess of the rate required bv section oOT. the Local Oovernment Board may, 1412 Cap. 87 TOWNS on the application of the council and on such terms and conditions as may be deemed advisable, authorise the council to use such excess interest for current or other expenditures : Provided, how^ever, that the current year's levies for sinking fund purposes shall not be used to cover any deficiency in the sinking fund account for the previous year. 1918-19, c. 35, s. 7. Ji^^uity for 331 — (^-^>) Subject to the provisions of section 330, if the council applies any of the said money for current or other expenditure, the members vi^ho vote for such application shall be personally liable for the amount diverted, and the same may be recovered by the toM^n by action against them in any court of competent jurisdiction. (2) If the council. u]5on the request in writing of a rate- payer, or of a holder of any of the debentures the sinking fund of which has been diverted, refuses or neglects for one month to bring an action therefor, action may be brought either by any ratepayer or by any holder of debentures, the sinking fund of which has been so diverted. (3) The members of the council who vote for such appli- cation shall be disqualified from holding any municipal office for two years. 1916, c. 19, s. 311; 1918-19, c. 35, s. 8. JnnulT"ate- 333. — (1) The treasurer shall prepare and lay before the '"^°*' council each year before the striking of the annual rate, a statement showing what amount will be required to be raised for sinking fund during the year, (2) For every contravention of this section the treasurer shall incur a penalty not exceeding $25. 1916, c. 19, s. 312. Neglect to levy sinking fund 333. If the council neglects in any year to levy the amount required to be raised for a siuking fund, or for the instalment necessary for the payment of a debenture debt, each member- of the council shall be disqualified from holding any muni- cipal office for the next two years and shall be liable on sum- mary conviction to a penalty not exceeding $100 and costs; but no member shall be liable to the penalty hereby imposed who shows to the satisfaction of the judge that he made reasonable efforts to jn-orMU'c the levying of the said amounts. 1916, c. 19, s. 313. Sinking fund bank account 334. The sinking fund to redeem the outstanding deben- tures of the town shall in each year as and when received by the treasurer, be deposited by him in some chartered bank, to be desigTiated by the council, to the credit of a special account to be called "The Sinking Fund Account of the town of ." 1916, c. 19, s. 314. TOWNS Cap. 87 1413 335. lu case at any time there is a dofieieney in ll'e ^^^Yn^^u^nJf sinking fund account of the town, the council may pass bylaws providing for the issue of debentures, and for hn-ying rates for payment thereof upon the general rateable property in the town, without the assent of the burgesses, for the purpose of making good the deficiency; and the proceeds of any debentures issued for such purpose shall be allocated to the sinking funds of the various issues to which they may be properly applicable. 1916, c. 19, s. 3 O I '■>. 33(5._(lj Subject to the provisions of sections 339 and iP^^TnTfund'^ 355, the council shall from time to time invest the sinking fund in any stock debentures or securities of the Government of Canada or of any province of Canada, or any debentures or securities the payment of which is guaranteed by the Government of Canada or of any province of Canada, or in the debentures of any municipal corporation or school district in Saskatchewan, or in debentures issued under The Rural Telephone Act, or in local improvement or any other deben- tures of the town ; or in first mortgage of freehold real estate to an amount not exceeding one-third of the sworn cash valuation of an independent appraiser; and may invest and reinvest the fund or any part thereof in authorised securities, and sell, assign or transfer the same, and call in and vary the investments for others of a like nature. (2) The council may regulate by bylaw the manner in which such investment shall bo made. (3) It shall not be necessary that any of the debentures referred to in this section shall have been disposed of by the council ; but the council may apply the sinking fund, to an amount equal to the amount of such debentures, for the ])ur- poses to which the proceeds of such debentures are properly applicable; and they shall hold the debentures as an invest- ment on account of the sinking fund, and deal with the same aceordinglv. (4) The council may direct by bylaw that any surplus moneys in the hands of the treasurer, and not si^ecially appropriated to any other purpose, shall be credited to the sinking fund account of any debenture debt; and may invest such sinking fund in any of the securities named in and according to the provisions of this section. (5) No part of the moneys at the credit of the sinking fund account shall be invested in any securities, whether by the council itself or by sinking fund trustees, without the previous approval of the Local Government Board to such investment. 1916, c. 19, s. 316; 1918-19, c. 35, s. 9. 337. ISTo member of the council shall take part in or be Prohibition a party to the investment of any moneys referred to in the ment preceding section otherwise than is therein authorised, and 1414 Cap. 87 TOWNS Surplus income from civic works any person i?o tloing shall be held personaUy liable for any loss thereby sustained by the town. 1916, c. 19, 9. 317. 338. The council may appropriate to the payment of any debt the surplus income derived from any municipal work or utility, or from any share or interest therein, after paying the annual expenses thereof, or may so appropriate any unappropriated money in the treasury 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 fund part of any surplus income arising from any municipal work, for the purpose of meeting contingencies which in the opinion of the council may be likelv to arise in connection therewith. 1916, c. 19, s. 318. Redemption "f debentures Loan on deb'^iitures 339. The council may by bylaw direct that any part of the sinking fund, instead of being invested as herein provided, shall from ti-me to time be applied towards payment or redemption of any of the debentures to which such sinking fund is applicable, at such value as may be agreed upon between the council and the holders of the debentures. 1916, c. 19, s. 319. 340. — (1) Pending the sale of any debentures authorised by bylaw under this or any other Act or in lieu of selling or disposing of the same, the council may by bylaw authorise the mayor and treasurer to raise money by way of loan on such debentures and to deposit or hypothecate the same for any such loan. (2) The town may give as security for such loan promis- sory notes of the town, treasury bills, temporary debentures or similar forms of obligation, signed by the mayor and treasurer, and each such bill, debenture or obligation shall be valid and binding upon the town according to its tenor. (3) The town may renew all or any portion of such securities at maturity for such further period and on such terms as may be deemed advisable. (4) The proceeds of every such loan shall be applied to the purpose for which such debentures were issued, and should such debentures be subsequently sold and disposed of, the proceeds thereof shall first be applied in payment of the loan ; but the lender shall not be bound to see to the appli- cation of the proceeds of any such loan. 1916, c. 19, s. 320. 341. Where by any bylaw heretofore or hereafter passed Aiiiuial return as to sinking made to provisiou is made for raising a sinking fund to meet the minister dcbenturos to bo issued under the authority of the bylaw, the TOWNS Cap. 87 1415 town, in each year in wliicli the sinking fund is required to be raised, shall transmit to the minister a return showing whether the sinking fund for the year has been raised and how it has been aj)plied or dealt with, and the state of the investment of any part of the sinking fund therefor collected, which return shall be verified by the affidavit or statutory declaration of the mayor and of the treasurer. 1916, c. 19, s. 321. 343. Any town which does not comply with the provisions Penalty of section 341, and the mayor and 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 of summary conviction. 1916, c. 19, s. 322. ' 343. N"o money borrowed for capital expenditure, or in ^,fr'r'*^' "°^ the hands of the town as capital funds, shall be applied expense towards current expense. 1916, c. 19, s. 323. 344. If the council applies any of the said money for Liability current expense, the members who vote for such application shall be personally liable for the amount diverted, and the same may be recovered by the town by action against them in any court of competent jurisdiction. 1916, c. 19, s. 324. 34,'5. In case any of the said money is applied towards Penalty current expense, the mayor and treasurer shall be guilty of an offence ; and for every such offence, each shall incur a penalty of not less than $100 to be recovered with costs on summary conviction. 1916, c. 19, s. 325. 346. The financial year of the town shall commence on Financial the first day of January and close on the thirty-first day of December in each year. 1916, c. 19, s. 326. SINKING FUND TRUSTEES. 347. — (1) The town may by bylaw provide for the sinking fund appointment of trustees to take in charge the sinking fund of the town in which case the following provisions shall apply. (2) The sinking fund to redeem the outstanding deben- fund V ^ Y n • 1 • 1 • 1 deposited in tures of the town shall, m each year, be invested m the name bank of the town by three trustees, two of whom shall be appointed by the judge on application by the town, and the third by the council, in such of the securities mentioned in section 336 as the trustees think best, (3) The said trustees may require the treasurer to pay Payments from the funds so deposited such sums as they from time to time require for investment, and all such sirms coming into 1416 Cap. 8 7 TOWNS Remuueration of trustees Statements by t rusteea Tenure of office Powers of trustees the haiuls of the treasurer from the temporary investment of the sinking fund shall he applied in the manner and to and for the purposes above mentioned. (4) Each of the trustees shall be paid for his services an aiiioimt not exceeding $10 for each meeting held by them, ihe number of meetings being as many as may be necessary; the cDuncil to find office room, all other costs, charges and expenses including cost of repairs, collection of rents, expenses and el(?rical assistance to be paid from the general funds of rhc town. ( .")) The trustees shall, whene\'er required by the council, give a detailed statement in writing of the said fund and the manner in which the same is invested and in no case shall the moneys to the credit of the sinking fund account be with- drawn without the consent of the said trustees. ( iV) The trustees appointed under this section shall hold office until removed therefrom by the council or the judge in manner provided for their appointment. 1916, c. 19, s. 327. i>48. 'Idle said trustees shall have as full power and unrhority to deal with the sinking fund as the council would otherwise have, and in particular they shall have the powers hereinafter set forth, namely: (n) to invest and reinvest the fund in authorised securi- ties, to sell, assign or transfer the same, and to call in and vary the investments for others of a like nature; (&) to collect the money due upon mortgages or other securities in which portions or all of the said fund are invested, and to take such steps as seem proper for enforcing the securities and for the adjust- ment, compromise or collection of the debts due thereunder ; (c) to foreclose mortgages and all parties having any interest in or claim upon the property covered thereby; in which case the title to the property shall be vested in the town with absolute power to sell, transfer and dispose of the same; (d) to lease, rent, insure or otherwise deal with the property foreclosed ; (e) to sell, assign, transfer and convey property obtained by foreclosure, and to sell under power of sale property mortgaged to the town; provided that conveyances shall be signed by at least two of the irnstees in their official capacity; (f) to sign discharges or part discharges of mortgages and i-eceijits for money paid on account of any claim of th(> town; provided that such discharges (!''• TOWNS Cap. 87 1417 or receipts shall be given in the name of the town but shall be signed by at least two of the trustees. 1916, c. 19, s. 328, . , 349. The said trustees may, with the consent of the councj I ji^emporary given by resolution, when necessary to meet any payment of the sinking fund, borrow sums not exceeding ten thousand dollars ($10,000) from any chartered bank in Canada for a period not exceeding six months, and in security for such temporary loan they may pledge or hypothecate any stock, debentures, mortgages or other securities held by them. 1916, c. 19, s. 329. 350. All funds coming into the hands or under the control •'^'Qking fund of the said trustees for the benefit of the sinkinsr fund shall be deposited by them in a separate account in a chartered bank doing business in Canada or in a chartered bank in the city of London, England, to be called the '^sinking fund account," and no part of this account shall in any case be withdrawn except upon cheque signed by at least two of the trustees and except for carrying out the said trust and for the due and proper administration of the same. 1916, c. 19, s. 330. 351. At all meetings of the said trustees called by the ^^^'^[^j;^ °^ chairman or, in his absence, by "either one of the other trustees in the usual wav two of the number shall form a quorum, and all acts done for or on behalf of the said trustees by the quorum shall be as effectual as if done by the three trustees. 1916, c. 19, s. 331. 352. Said trustees may purchase any of the debentures. Jurcw"""^ stock or other securities of the town. 1916, c. 19, s. 332. securities 353 — (1) The council may at any time, by resolution, ^oundimay^^ require the trustees not to invest anv part of the sinking fund "f invest- ic •11 111- nients in the, manner hereinbefore provided and that the investments already made be called in and the amounts due thereupon be collected and paid into the sinking fund of the town ; and upon such resolution being communicated to the said trustees they shall not make any further investments as aforesaid until rescission of such resolution but shall proceed to call in and realise upon those already made as the same mature. (2) In such case the council shall have no power to with- draw any moneys from said account except as provided in subsection (3) ; provided that such account may be trans- ferred from one chartered bank to another and shall be kept in some chartered bank at compound interest. (3) The sinking fund which shall be to the credit of the town as debentures now outstanding shall mature shall be 1418 Cap. 87 TOWNS applied to the payment of the same at the date of such maturity or may be used in the purchase thereof before mnturitv, 1916, c. 19, s. 333. Trust company o54.- — (1) Instead of trustees the council may appoint a trust company approved by the Lieutenant Governor in Council under the ])rovisions of Tha Tnist Companies Act, fof acceptance by the courts. (2) Such company shall have all the power and authority conferred on trustees by this Act, and all the above provisions with respect to trustees shall apply mutatis mutandis, and as far as applicable to the company. 1016, c. 19. s. 334. DKI'OSIT OF SINKING FUND WITU PROVINCIAL TREASURER. Interest on funds Deposit with 355. — (1) The council mav bv bylaw provide that the Provincial ^ ^ i i • i •-' " •' ^ \ • i • r Treasurer auunal amoiint to be levied on account of the sinking- lun.d shall be paid by the treasurer to the Provincial Treasurer. (2) Where such provision is made the Provincial ^J'rcas- uvov may receive from the treasurer of the town the annual amounts so levied and allow and credit the town with inter- est thereon at the rate of four per cent, per annum, com- pounded yearly, until the time when the debentures to which the sinking fund is applicable become payable and the sink- iiiii- fund is required for their redemption. Money to ('3^ ^\j| nioucys received by the Provincial Treasurer form part ^ ^ ^ ^ ^ fund"^"^''^'"'^'' under the provisions of this section shall form part of the consolidated 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 ''*^o- to time direct the Provincial Treasurer to invest the amount at the credit of the town, or any part thereof, as directed by section 12 of The Treasury Department Act or in the debentures of such town, to redeem which such sinking funds were paid to the Provincial Treasurer. 1916, c. 19, s. 335. May be invested in debenturrs. Amount payable into sinking fund a debt due to the treasurer 356. Where a bylaw has been passed under the authority of section 355, the amount payable in any year to the credit of the sinking fund which under the provisions of the bylaw is to be paid to the Provincial Treasurer shall be deemed 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. 8. 336. 1916. 19, TOWNS Cap. 87 1419 357. Every town the council of which shall hereafter pass fj^^g^^j^-^f any bylaw under the provisions of section 355 shall within |f^'J^*^*o^;^j thirty days after the final passing of the bylaw transmit a Treasurer duly certified copy thereof to the Provincial Treasurer. 1916, c. 19, s. 337. PAKT IX. Expropriation and Arbitration. y 358. In this Part, unless the context otherwise requires : interpretation (a) "land" shall include a right or interest in, and easement over, land; (&) "owner" shall include mortgagee, lessee, tenant, occupant, a person entitled to a limited estate or interest in land, a trustee in whom land is vested, a committee of the estate of a lunatic, an executor, an administrator and a guardian. 1916, c. 19, s. 338. 359. In case the council desires to acquire land for any Council may _ a 1 • iv • 3.CQllirG purpose authorised by this Act, the council, ii it cannot land acquire the land at a fair price by agreement with the owners, may expropriate the same in the name and on behalf of the town. 1916, c. 19, s. 339. 360. — (1) The council shall make to the owners of land Compensation taken by the town in the exercise of any of the powers con- ferred by this Act due compensation therefor, and shall pay damages for any land injuriously affected by such exercise. (2) Such compensation or damages shall be the value of the land taken or the amount of the injury done, as the case may be, less any increased value which the contemplated work may give to the remaining lands of the claimant beyond the increased value common to all the lands in the locality. (3) Any claim for such compensation or damages, if not mutually agi-eed upon, shall be determined by arbitration under this Act. (4) Where part only of the land of an owner is expro- priated, there shall be included in the award a sum sufficient to compensate him for any damages directly resulting from severance. 1916, c. 19, s. 340. 361. — (1) Before taking any land the council shall Deposit of deposit with the town clerk plans and specifications showing taken the land to be taken or used, the work to be done thereon and the names of the owners thereof according to the last revised assessment roll and the records of the proper land titles office. 1420 Cap. 8 7 TOWNS Notification to owners Filing claim Date for ascertaining compensation Claim may be barred (2) The town clerk shall thereupon cause to be served upon every owner of the land to be expropriated a notice of the intention of the council to proceed with the work or undertaking, and to expropriate the land necessary therefor, of the date of such deposit, and that all claims for compensa- tion for the land so to be taken, with the amount and particu- lars thereof, must be filed with him within a stated ])eriod after the service of such notice. (3) Where the person to be served resides within Saskat- chewan, the time allowed for filing a claim shall be fifteen days after service of the notice. Where the person to be served resides outside Saskatchewan he shall be allowed such time as may be ordered by the judge on application by the town. (4) The date of the deposit of the plans and specifications shall be the date with reference to which the amount of com- pensation shall be ascertained, (5) If any claimant under this section has not filed his claim within the period 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. 1916, c. 19, s. 341. , . ' ■ • . Claim for damages rJ63. Except where the person entitled is an infant, a lunatic, or of unsound mind, a claim for damages resulting from his land beinir iniuriouslv affected shall be made in writing, with particulars of the claim, within one year after the injury was sustained, or after it became known to such person, or within the time limited by a notice, if any is given, under the provisions of section 263, whichever of these periods shall first expire, and, if not so made, the right to such damages shall be forever barred. 1916, c. 19, s. 342; 1918-19, c. 35, s. 10. Publication of completion 363. — (1) The council shall authorise the town clerk to give notice in a local newspaper of the completion of any municipal work forthwith after the person in charge of the work has given his final certificate. Such notice shall state the last day on which a claim for damages in respect of land not taken but injuriously affected by the work may be filed with the clerk. (2) The notice shall also state that the owner of such land must file with the clerk within three months after pub- lication of the notice his claim for damages, stating the amount and particulars of such claim. (3) Such notice shall be inserted in three successive issues of a daily newspaper published in the town, if any; other- wise in such issues of a weekly paper there published, or, if TOWNS . Cap, 87 1421 there be none such, of a newspaper circulating in the town, and the date of the first publication of such notice shall be the date in respect of which the damages shall be asccrtain'Ml. (4) Except in the cases mentioned in section 364, any claim not made within the period limited shall be forever barred, unless upon application to a judge of the Court of King's Bench, made not later than one year from the pub- lication of the notice, and after seven days' notice to the town, the judge allows the claim to be made. (5) Nothing in this section contained shall revive a claim which has been barred by effluxion of time under the pro- visions of section 362. 1916, c. 10, s. 343; 1918-19, c. 35, s. 11. _364. In the case of au infant, a lunatic or a person of i^faX, itc. unsound mind, a claim for damages may be made within one year, or within one year after he ceased to be under the dis- ability, whichever shall be the longer, or in case of his death while under disability within one year after his death, and, if not so made, the right to compensation shall bo forever barred. 1916, c. 19, s. 344. 3C5. The provisions of sections 362, 363. and 364 shall Easements not apply where an expropriating bylaw provides for acquir- ing an easement or right in the nature of an easement, and the damages arise from the exercise of such easement or right. 1916, c. 19, s. 345. . 366. A claim for compensation for lands taken or dam- appurteitan "° ages in respect of lands injuriously affected shall be deemed *° '■'"'' appurtenant to the land, and shall pass by any transfer or conveyance thereof. 1916, c. 19. s. 346. 367. — (1) If the owner of the land is absent from Sas- [jn'^J.'Jfo'l^n katchewan, or is unknown, or cannot be found, or if there is no person competent to contract with the town for the sale and conveyance of the land, the judge may, on the appli- cation of the town appoint a person to act for the owner, and all acts done, contracts made, and conveyances executed by such person, shall be as valid and effectual as if the same were done, made or executed by the owner, and he were of full age and competent to do the act, make the contract or execute the conveyance. (2) In case any person acting as aforesaid has not the ^^''^^^i^ere**' absolute estate in the property, the town shall pay the amount P^^Xt 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 application of any sum so paid. 1916, c. 19, s. 347. not absolute vner 1422 Cap. 87 TOWNS Payment into court on refusal to execute transfer 368. If any person to whom compensation or damages are payable refuses to execute the proper transfer, discharge or other instrument, or if it is made to appear to the judge that for any other reason it is proper that the compensation or damages should be paid into court, the judge may give leave to the town to make such payment into court. 1916, c. 19, s. 348. Interest 369. In every case in which leave is given to pay money into court, the judge may, in his discretion, order the town to pay in addition six months' interest on the amount of the compensation or damages at six per cent. 1916, c. 19, s. 349. Vesting order 370. In every ease in which compensation for lands taken has been paid into court, the judge, on the application of the town, may grant an order vesting in the town the absolute title to the lands in respect whereof such payment in has been made. 1916, c. 19, s. 350. Md"dlS^gls° 371. The compensation or damages which may be agreed stand m lieu ypon Or awarded for land taken or injuriously affected shall stand in the stead of such land and shall be subject to the limitations and charges, if any, to which the said lands were subject; and any claim to or incumbrance upon the said lands or to or upon any portion thereof, shall, as against the town, be converted into a claim to the money so agreed upon or awarded, or to a like proportion thereof. 1916, c. 19, s. 351. Distribution of money paid into court 373. — (1) Where compensation or damages in respect of lands taken or injuriously affected are paid into court, the town clerk shall insert a notice, in such form and for such time as a judge may direct, in a newspaper of the town, or if there be none such, in a newspaper circulating therein, calling upon persons entitled thereto 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. (2) 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 distribu- tion, payment or investment of the money, and for securing the rights of all persons interested therein, as may be neces- sary. (3) The costs of the proceedings, including allowances to witnesses, shall be paid by the town, or by such person as the judge may direct. TOWNS Cap. 87 1423 (4) If an order for distribution is obtained in less than three months from the payment into court the judge may direct a proportionate part of the interest, if any, to be returned to the town. (5) The payment into court sliall discharge the town from all liability in respect of the compensation. 1916, c. 19. s. 352. 373 (1) The council, in all cases where claims for'^'^"'*'^ compensation or damages are made against the town, which, under the provisions of 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 the person making such claim such amount as they consider proper compensa- tion for the land taken or injuriously affected. (2) In the event of the nonacceptance by the claimant of the amount so tendered and of the arbitration being pro- ceeded with, if an award is obtained for an amount not greater than the amount so tendered, the costs of the arbitra- tion and award shall, unless otherwise directed by the arbi- trator, be awarded to the town and set off against any amount awarded against it. 1916, c. 19, s, 353. 374. Where the compensation or damages have not been Arbitratio. agi-eed upon, the amount thereof shall be determined by the award of an arbitrator appointed by a judge of the Court of King's Bench upon motion made to him by either party. 1916, c. 19, s. 354. 375. — (1) The judge making such appointment may Arbitrators prescribe the fees to be paid to the arbitrator, (2) In the absence of an order or direction of the judge the fees to be paid to the arbitrator 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, $5 ; For every day's sitting to consist of not less than six hours, $30; ' For every sitting not extending to six hours (fractional parts of hours being excluded) where the arbitration is actually proceeded with, for each hour occupied, $5. (3) In addition to the above fees, a judge of the Court of King's Bench may, on the application of the arbitrator, allow to the arbitrator a fair and reasonable sum for his care, pains and trouble and his time expended in considering the evidence, examining legal authorities and drawing up his award, as well as in taking a view of the gi'ound where such view has been found necessary or has been asked for by the parties. 1916, c. 19, s. 355. 1424 Oath Cap. 87 TOWNS 3^6 — (1) The arbitrator, before proceeding with the reference, shall take and subscribe the following oath: T, A. B., swear (or affirm) that I will well and truly try the matters referred to me by the parties, and a true and impartial award make in the premises, according to the evi- dence and my skill and knowledge. (2) The omission of an arbitrator to take the oath shall not affect the validity of the award unless before the refer- ence is begun objection is made to its being proceeded with on that account. " 1916, c. 19, s. 356. Particulars of claim delivered '•^"i^. — (1) In the case of a claim for damages for injuri- ouslv affectini>- land, the claimant before the taking of evi- dence is begun, shall deliver to the town and file with the arbitrator, particulars of his claim. (2) The arbitrator shall have the same power to amend the claim or the particulars as a court would have in an action. 1916, c. 19, s. 357. .. Refusal of certain evidence Effect of reference 378. The arbitrator in his discretion may refuse to hear further evidence of a cumulative character upon any matter or question. 1916, c. 19, s. 358. 379. The reference of any .such claim to arbitration 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. 1916, c. 19, s. 359. Costs 380. The 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. 1916, c. 19, s. 360. Notes of evidence and view 381. — (1) In case of an award under this Act, the arbi- trator shall take and shall file with the award full notes of the oral evidence given on the reference, and also all docu- mentary evidence so given or a copy thereof ; and, in case he proceeds partly on a view or upon any knowledge or skill possessed by him, he shall also put in writing a statement thereof. (2) Notwithstanding anything herein contained either part_y to the reference may require that the evidence shall be taken in shorthand, in which case it shall be so taken unless otherwise ordered bv the arbitrator. TOWNS Cap. 87 1425 (3) Where the evidence is taken in shorthand, the exam- ination may be taken down by question and answer and the practice of the court as to such examination, the depositions, proof of the depositions and office copies of the same shall apply to such examination. (4) The arbitrator shall file the award, and the evidence as above mentioned, with the clerk of the court, accompanied by a certificate showing the number of hours occupied at each sitting, and the date of and the fees charged by him for each sitting. 191 G, c. 19, s. 361. 383. Any party to the reference may pay to the clerk d^''^^;«''> °^ of the court the fees demanded by the arbitrator together with the sum of $1 to be retained by the clerk as a filing fee, and the clerk shall thereupon deliver the award to the person so making payment'. 1916. c. 19, s. 362. 383. — (1) In every case where the amount of the claim Appeal exceeds $500 an appeal shall lie from the award to the Court of Appeal in like manner as from a judgTnent or decision of the district court or a judge thereof. (2) On an appeal from an award the Court of Appeal may call for and receive additional evidence to be taken in such manner as the court directs, and mav set aside the award or remit the matters referred or any of them from time to time for reconsideration and determination by the arbitrator, or may refer such matters or any of them to any other person, and may fix the time within which the further or new award shall be made, or may increase or diminish the amount awarded or otherwise modify the award as may be deemed just. 1916, c. 19, s. 363. 384. — (1) At any time after the passing of a bylaw f or |f ',;^[y °'' entering on or expropriating land, the town, by leave of the judge and upon payment into court of a sum sufficient, in the opinion of the judge, to satisfy the compensation, may enter upon the land, and, if any resistance or forcible opposi- tion is made to its so doing, the judge may issue his warrant to the sheriff of the judicial district to put the town in posses- sion, and to put down such resistance or opposition, which the sheriff, taking with him sufficient assistance, shall accord- ingly do. (2) Leave of the judge and payment into court shall not be necessary where the land is being expropriated for or in connection with the opening, widening, altering or diverting of a highway, unless upon application by the owner, a judge otherwise directs. 1916. c. 19, s. 364. 385. Where the arbitration is as to compensation, if the^^lf^^^ot expropriating bylaw did not authorise or profess to authorise b^^^ing on entry upon or use to bo made of the laud before the award 1426 Cap. 87 TOWNS except for the purpose of survey, or if the bylaw gave or pro- fessed to give such authority but the arbitrators by their award find that it was not acted upon, the award shall not be binding on the town unless it is adopted by bylaw within one month after the making of the same; and if it is not so adopted, the expropriating bylaw shall be deemed to be repealed, and the town shall pay the costs between solicitor and client of the reference and award, and shall also pay to the owner the damages, if any, sustained by him in conse- quence of the passing of the bylaw, and such damages if not mutually agreed upon shall be determined by arbitration under the provisions of The Arbitration Act. 1916, c. 19, s. 365. Applicatiou of The Arbitra- tion Act 386. In all matters not herein otherwise provided for the provisions of The Arbitration Act shall apply. 1916, c. 19, s. 366. PART X. Assessment and Taxation. Assessment district 387. The council may by bylaw divide the town into assessment districts, and if deemed necessary may appoint one or more assistants to aid the assessor in his work. 1916, c. 19, s. 367. Assessment committee 388. The council shall appoint two of its members who, with the assessor, shall, on completion of the assessment roll and before assessment notices are sent out, check over the roll and make corrections as the majority may decide. 1916, c. 19, s. 368. Subjects of taxation 389. Subject to the other provisions of this Act the muni- cipal and school taxes of the town shall be levied upon: (1) lands; (2) businesses; (3) income; and (4) special fran- chises. 1916, c. 19, s. 369. ExeisptioDs 390. The following property shall be exempt from taxation : 1. The interest of the Crown in any property, including property held by any person in trust for the Crown ; 2. Property specially exempted by law or held for the public use of the Government of Saskatchewan; 3. If any property mentioned in paragraphs 1 and 2 is occupied by any person otherwise than in an official capacity, the occupant shall be assessed therefor but the property itself shall not be liable ; TOWNS Cap. 87 1427 4. Every building used for church purposes and not used for any other purpose for hire or reward, and the land used in connection therewith not exceeding one half acre, except such part as may have any other building thereon; 5. Every cemetery and burying gi-ound; 6. The buildings and gTOunds not exceeding four acres of and attached to or otherwise bona fide used in connection with and for the purposes of every school established under the authority of The Secondary Education Act or The School Act, every hospital which receives public aid under and by virtue of The Hospitals Act, the association known as "The Young Men's Christian Association" and the association known as "The Young Women's Christian Association," so long as such buildings and grounds are actually used and occupied by such institution but not if otherwise occupied ; 7. All property belonging to the town ; 8. Every highway, lane or other public way, and every public square or park whether situated inside or outside the town ; 9. The property of every public library established under The Public Libraries Act, and of every other public institution, literarv or scientific, to the extent of the actual occupation of such property for the purposes of the institu- tion; 10. The property of any children's aid society, incorpo- rated under The Children s Protection Act, or approved by the Lieutenant Governor in Council for the purpose of the said Act, if used exclusively for the purposes of and in con- nection with the society; 11. The income of every married person and of every widow or widower with children up to $1,500, and of every other person up to $1,000, and in addition thereto the amount of any pension paid to a member or ex-member of His Majesty's military or naval forces or to a dependent of any such member or ex-member; 12. Household effects of every kind (except in unlicensed hotels and restaurants) ; 13. Grain; 14. The grounds and buildings of every agricultural society established under The Agricultural Societies Act; 15. The buildings with grounds attached owned and occupied by a branch of The" Great War Veterans' Associa- tion ; 16. Lands exempt from assessment under paragraphs 4, 5, 6, 7, 9, 10 and 14 shall nevertheless be liable to be assessed for local improvements. 1916, c. 19, s. 370 ; 1918-19, c. 35, s. 12 ; 1919-20, c. 24, s. 5. Vol II.— 10. 1428 Cap. 87 TOWNS When person assessed for realty and Income 391. Any person who is assessed and taxed in respect of land and buildings thereon, and income derived from wages or salary, shall be liable to pay in addition to the amount of his tax on land and buildings thereon only the amount, if any, by which his taxes on such income exceed his taxes on land and buildings thereon. 1916, c. 19, s. 370 (2). Mode of assessment Land Buiidiugs and' improvements Businesses Yardsiused for businesses 392. — (1) Land shall be assessed at its fair actual value, and buildings and improvements thereon at not more than sixty per cent, of their actual value. In case the value at which any specified land has been assessed appears to be more or less than its true value, the amount of the assessment shall nevertheless not be varied on appeal, unless the difference be substantial, 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 land in question are assessed. (2) The assessment of buildings and improvements shall not in any year be reduced below the assessment for the previous year by a greater amount than fifteen per cent, of the fair actual value of such buildings and improvements ; the assessment of buildings and improvements may be increased beyond the assessment of the previous year by an amount not greater than 15 per cent, of their fair actual value, provided that the assessment when increased does not exceed 60 per cent, of such value. (3) The mode of assessing businesses shall be as follows: (a) the assessor shall fix a rate per square foot of the floor space (irrespective of partitions, elevators, stair ways, or other obstructions) of each building or part thereof used for business purposes, and shall as far as he deems practicable classify the various businesses; (h) he may fix a different rate for each class, and in so doing may place a wholesale business in a class distinct from a retail business of otherwise the same class, and may classify each building or part thereof according to the kind of business carried on therein and may fix a different rate for different kinds of business carried on under the same roof, and for storehouses and warehouses or other like appur- tenant buildings from that fixed for the principal building, and may fix a different rate for different flats of buildings; (c) the rate shall not exceed $10 per square foot, except in the case of banks, loan companies or other financial institutions, in which case such rate shall not exceed $15 per square foot. (4) Whenever it is found by the assessor that a business is Iving carried on, either wholly or partially, outside of any TOWNS Cap. 87 1429 buildiug, he shall hx a rale per square foot of the yard space used for such business, and shall as far as he deems practicable classify the vai-ious businesses, and he may hx a diiferent rate for each, but such rate shall not exceed $4 per square foot. ( 5 ) The owner of a special franchise shall not be assessed spe"*! ^ . .'■. . . T T • franchise in respect of business or income, but m addition to an assess- ment on land shall be assessed for the actual cost of the plant and apparatus less a reasonable deduction for depreciation. (6) No person who is assessed in respect of any business No double * 3,3SGSH I H n tf or special franchise shall be assessed in respect of the income derived therefrom, and no person who is assessed in resj)ect of any business or special franchise or of any income derived therefrom shall be liable to pay a license fee to the town in respect of the same business or special franchise. (7) Whenever two or more persons are, as business part- Partners, • . • 1 0^1 1 • 1 joint ners, joint tenants, tenants in common or by any other kind tenant;^, etc. of joint interest, the owners or occupants of any land or of any building liable to taxation hereunder, the name of each of such persons shall be entered on the assessment roll in respect of his interest or share of or in such land or building. (8) I^otwithstanding anything herein contained the area Gram of the floor space of a grain elevator shall not be deemed for the purpose of business assessment to exceed one thousand square feet, nor shall the rate exceed $4 i)er square foot, unless used for commodities other than grain. 1916. e. 19, s. "71 : 1019-20, c. 24, s. 7. 893. The ()ccui)ant of anv Imilding liable to taxation under Occupant ,-,■' ii- J- .,or owner section 392 shall be liable for the business tax aioresaid, liable though he may also be the owner of the premises and liable as such owner to taxation (m the land. 1916, c. 19. s. 372. 394. The provisions of Tlie Wild Lands Tax y\cf shaU wiid Lands , Tax A-Ct not apply to land within the boundaries of a town. 1 9 1 7 not to apply (sess. 2), c. 26, s. 7. ASSESSMENT ROLL, 395. The assessor shall complete his assessment roll in Date for each year by the thirty-first day of May. 1916, c. 19, s. 373. '^"-p'*'*'-' 1430 Cap. 87 TOWNS Form of roll 396. Unless the minister otherwise provides, the assess- ment roll shall be in the following form : Fraudulent aaaessment Date of delivery or posting of notice. Value of property exempt from taxation. Date of assessment. Public or separate school supporter Total amount of assessment. o Special franchises. Taxable income. o Business assessment. • V. (vacant) R. (residential) B. (business). •- 05 1—1 Value of buildings. >< P^ O The fair actual value of each parcel or lot of real property or of the interest of the taxable person there- in. o p^ Frontage and depth. Brief description of taxable property. Ow. (owner); ' occ. (occu- pant). CO 02 Post office address. < The names in full (if the same can be ascertained) of every person taxable in the town. No. of assessment. 1916, c. 19, s. 374. 397. If any assessor makes a fraudulent assessment, or wilfully or fraudulently inserts in the assessment roll the name of any person who should not be entered therein, or TOWNS Cap. 87 1431 wilfully or fraudulently 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. 1916, c. 19, s. 375. 398. The assessor, within fifteen days after completing ^sggsemeLt the said roll and after the same has been corrected pursuant ^^ pubiicatiun to the provisions of section 388, shall publish in a newspaper published in the town, or if there be none such, then in a newspaper circulating therein, a notice in the following form : Town of Assessment Roll, 19 !N"otice is hereby given that the assessment roll of the town for the year 19 has been prepared and is now open to inspection at my office in the town hall (or as the case may he) from 10 a.m. to 4 p.m. on every juridical day except Satur- day (and on that day from 10 a.m. to 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 . A. B., Assessor. 1916, c. 19, s. 376. 399. — (1) The assessor shall also, within fifteen days NoUce by after the completion by him of the assessment roll and after ™"' the same has been corrected pursuant to the provisions of section 388 transmit by post to every person named thereon an assessment slip containing the particulars appearing in the roll with respect to such person. (2) There shall be appended to every such assessment slip Lodging a notice of the last date upon which complaints may be lodged •=°"'p'*'''*^ as fixed by the notice under section 398, and there shall be indorsed thereon a written or printed form of complaint as given in section 401. (3) No assessment shall be invalidated by any error in the Error not to assessment slip transmitted as aforesaid or by reason of the L^Iessm^ent nontransmission or nonreceipt thereof by the person to whom it was addressed. 1916, c. 19, s, 377. APPEAL TO THE COUNCIL. 400. If any person named in the said roll thinks that he-^PP^*' 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 1432 Cap. 87 TOWNS 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 council to correct the said error, and in such notice he shall give a name and address where notices may be served upon him. 1916, c. 19, s. 378. Fe approved of by the Local Government Board as proper to be undertaken as a local improvement. 1916, c. 19, s. 444. 4(>7. — (1) Where the work is the construction of a pave- 'v^'orks . .. in undertaken in ment the council, beiore constructing it, may make all neces- connection ,. ,. n "... ^ witli sewer or sary private dram connections from an existing sewer to pavement the street line on either or both sides, and may also lay all necessary water mains, and, where gas works are owned by the corporation, all necessary gas mains; It may also lay all necessary water service pipes and instal stopcocks, and may make all necessary alterations or renewals of said connections, pipes and stopcocks; and where gas works are owned by the corporation may lay all necessary gas connections and make alterations or renewals ; Where the work is the construction of a sewer or water main, the council may at the same time as the work is pro- ceeded with, construct all necessary in-ivate drain connections and water service pipes and stopcocks; 1454 Cap. 87 TOWNS The cost of private drain connections, water service pipes and stopcocks or gas connections, or the alteration or renewal thereof, shall be specially assessed only upon the particular lot for or in connection with which it was constructed or affected. deemed part (2) The works mentioned in subsection (1) shall be of construction (Jeemed part of the work of construction of the pavement oi sewer or water main in all respects except as to the manner in which the cost of them is to be specially assessed as pro- vided by that subsection. 1916, c. 19, s. 445. Construction of ;)rivate drain connections without petition 468. — (1) Where a sewer has been heretofore constructed, the council, by a vote of two-thirds of all the members thereof at any general or special meeting, may undertake the con- struction of private drain connections from the sewer to the street line on either or both sides as a local improvement without any petition therefor, and the cost of each private drain connection shall be specially assessed upon the par- ticular lot for or in connection with which it is constructed, and the owners of the land shall not have the right of petition provided for by section 453. (2) Where a water main has heretofore been laid, the council shall have similar powers for the construction of water service connections, and the provisions of subsection (1) shall mutatis mutandis apply. 1916, c. 19, s. 446. Bylaws for undertaking works Construction on two-thirds vote without petition PROCEDURE FOR UNDERTAKING WORK. 469 (1) A bylaw may be passed for undertaking a work as a local improvement: (a) on petition; or (&) without petition, on the initiative of the council, hereinafter called the initiative plan, except in the case of a park or square or public drive mentioned in paragTaph 8 of section 466 ; or (c) on sanitary grounds, as mentioned in section 471 ; or (d) without petition in the case mentioned in sections 468 and 470. (2) Instead of passing separate bylaws for each work, the council may pass one bylaw in respect of several works. 1916. c. 19, s. 447. 470. Notwithstanding anything to the contrary contained in this or any other Act or in any bylaw of the municipality, where the council determines and by bylaw, passed at any general or special meeting by a vote of two-thirds of all the members thereof, declares that it is desirable that the con struction of a curbing, pavement, sidewalk, sewer or bridge. TOWNS Cap. 87 1455 or the opening, widening, extending, grading, altering the grade of, diverting or improving a street or the laying of a water main, should be undertaken as a local improvement, the council may undertake the work without petition, and the owners of the land shall not have the right of petition, provided for by section 475. 1916, c. 19, s'. 448. 471. Where the council, upon the recommendation of the Construction ' '- , of sewer on Commissioner of Public Health or of the board of health of recomimenda- . 1111 1 1 ^'°^ °' health the town, determines and, by bylaw passed at a regular or authorities special meeting of the council by vote of two-thirds of all the members thereof, declares that the construction, enlarge- ment or extension of a sewer as a local improvement is necessary or desirable in the public interest on sanitary grounds, the council may undertake the work without petition. and the owners of the land shall not have the right of petition provided for by section 475. 1916, c. 19, s. 449. 472. — (1) Where it is intended to proceed under sections ^'j^'j^;'^'^':^*''^" 468, 470 or 471, the council shall not be deemed to proceed intention on the initiative plan, but, before passing the bylaw for undertaking the work, shall cause notice of its intention, to be published in the following form, such notice to be inserted ' once in each week for two week's in at least one newspaper published in the town, or, if there be none such, then in some newspaper circulating in the town: Take notice that: 1. The council of the corporation of the town of intends to construct as a local improvement (describe the worTc) on {or in) street, between {describe the points betiveen which the ivork is to be constructed) and intends to specially assess a part of the cost upon the land abutting directly on the work {in case other land is to be especially assessed add) and upon the following land which is imme- diately benefited by the work {describe the land) ; 2. The estimated cost of the work is $ , of which $ is to be paid by the corporation. The estimated special rate per foot frontage is . The special assessment is to be paid in annual instalments; 3. A petition against the work will not avail to jirevent its construction. Dated Town Clerk. ' (2) Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sections the form shall be altered to show the special rate per foot frontage in each district or section. Where more than 1456 ("ap. 8 7 TOWNS Signatures required to petitinn Petition may be granted by succeedini; council Initiative plan — publication and service of notice one improvement is to be advertised, the several works may ho referi-ed to in a schedule, and the form may be otherwise altered to suit tlie case. 1916, c. 19, s. 450. 473. The petition for a work shall be signed by at least two-thirds in number of the owners representing at least one-half of the value t^f the lots liable to be specially assessed. 1916, c. 19, s. 451. 474. The petition may be acceded to by the council of the current or next succeeding year either in respect of the whole or of a part of the work : Provided that part only of the local improvement asked for shall not be made unless the petition is sufficiently signied liaving regard only to the lands abutting on or benefited by, as the ease may bo, such part. 1916, c. 19, s. 452. 475. — (^) Whoro the council proceeds on the initiative ]ilan, notice of the intontiou of the council to undertake the work shall 1)0 given in the followina" form by publication thereof once oaeli week for two weeks in at least one news- ]iapor published in the town. or. if there be none such, then in some newspaper circulating in the town: Take notice that: 1. The council of the corporation of the town of intends to construct (describe the vjork) on (or in) street between (descrlhr fJie points helween irliich the vorh is to he construct erl^ as a local improvement and intends to specially assess a ])art of the cost upon the land abutting directly on the work (in case other land is to he especiaU'y assessed add) and upon the following land w^hich is imme- diately benefited by the work (describe the land) ; 2. The estimated cost of the work is $ . of which $ is to be paid by the cor]ioration, and the estimated special rate per foot frontage is . The special assessment is to be paid in annual instalments; 3. Persons desiring to ])etition against undertaking the work or anv ]M\vf thereof must do so on or before the day of ' 19 . Dated Town Clerk. (2) Where that part of the municipality in which the land to be specially assessed is situate is divided into districts or sections the form shall be altered to show the special rate per foot frontage in each district or section. Where more than one improvement is to be advertised, the several works may be referred to in a schedule, and the form may be otherwise altered to suit the case. TOWNS , C'ap. 87 1457 (3) Unless within two weeks after the last publication of the notice a majority of the owners representing at least one- half of the value of the lots which are liable to be specially assessed petition the council not to proceed with it, the work may be undertaken as a local improvement. (4) The notice shall be sufficient if it desigiiates by a general description the work to be undertaken and the street or place whereon or wherein, and the points between which the work is to be effected, and the number of the instalments by which the special assessment is to be payable. (5) The notice may relate to and include any number of different works. 191G, c. 19, s. 453. i- 476. — (1) Where the council has proceeded on the initia- ^ffect^of tive plan and has been prevented from undertaking a work by i^^^irxst work reason of a petition having been presented under the provi- sions of section 475, the council shall not proceed on the initiative plan with regard to the same work for a period of two years after the presentation of the petition. (2) Nothing in this section shall prevent the council from exercising the power conferred by sections 468, 470 or 471. 1916, c. 19, s. 454. 477. There shall be set out opposite to every sia'nature Lot of 1 • • J? 1 1 petitioner to the petition for or against a work a description oi the lot described of which the petitioner is the owner by its lot, block and plan number or such other description as will enable the assessor to identify it. 1916, c. 19, s. 455. 478. — (1) The sufficiency of a petition for or against ^ ^^f^^^^^^^^ work shall be determined by the assessor, and his determina- sufficiency of tion shall be evidenced by his certificate and when so evidenced shall be final and conclusive. (2) Where the sufficiency of a petition has been deter- ^ija^t owners^ mined by the assessor it shall be deemed to have been and to be a sufficient petition notwithstanding that changes may be made by the council or by the judge in the lots to be specially assessed which have the effect of increasing or reducing the number of the lots. (3) When it is necessary to determine the value of any De^^^™"*'^* lot, and the same cannot be ascertained from the proper lots assessment roll by reason of the lot not having been separately assessed, or for any other reason, the assessor shall fix and determine the value of such lot, and the value thereof as so fixed and determined shall be deemed for the purpose of this Act to be the assessed value thereof, and his determina- tion shall be final and conclusive. (4) Where a person who is,, but does not appear by the J^fig^^^lj^^* last revised assessment roll to be, the owner of land is a «^J°i|;^"""^ petitioner, he shall be deemed an owner, if his ownership is 1458 Cap. 87 TOWNS Joint owners Petitions lodged with clerk proved to the satisfaction of the assessor, and if the person who appears by the assessment roll to be the owner is a petitioner his name shall be disregarded in determining the sufficiency of the petition. (5) Where two or more persons are jointly assessed for a lot, in determining the sufficiency of a petition: (a) they shall be reckoned as one owner only; (h) they shall not be entitled to petition unless a majority of them concur and the signatures of any of them, unless the petition is- signed by the major- ity, shall be disregarded in determining the suffi- ciency of the petition. 1916, c. 19, s. 456. 479. A petition for or against the undertaking of a work shall be lodged with the clerk, and shall be deemed to be presented to the council when it is so lodged. 1916, c. 19, s. 457. Withdrawal of name from petition Ftontatre rate Items included in coet Corporation's portion of cost 480. ISTo person shall have the right to withdraw Ms name from, and no name shall be added to, a petition after the assessor has certified as to its sufficiency. 1916, c. 19. s. 458. HOW COST OF WORK TO BE ASSESSED. 481 (1) Except as in this Act is otherwise expressly ]trovided the entire cost of a work undertaken shall be specially assessed upon the lots abutting directly on the work, according to the extent of their respective frontages thereon. by an equal special rate per foot of such frontage sufficient to defray such cost. (2) The following items may be included in the cost of the work: (a) engineering expenses; (h) cost of advertising and service of notices; (c) interest on temporary loans; (d) compensation for lands taken for the purposes of the work or injuriously affected by it and the expenses incurred by th© corporation in connection with determining such compensation; (e) the estimated cost of the issue and sale of deben- tures and any discount allowed to the purchasers of them ; (/) amount required to be raised for sinking fund and interest in respect of debentures during construc- tion. 1916, c. 19, s. 459. 483. — (1) There shall be included in the corporation's portion of the cost: TOWNS Cap. 87 1459 (a) at least one-third of the cost of a sewer having a sectional area of more than four feet; and (h) so much of the cost of a work as is incurred at street intersections. (2) Where there is no provision for surface drainage by drain"* means of separate storm water sewers, there shall also be included in the corporation's portion of the cost the entire cost of the culverts and other works in connection with a sewer or pavement which are provided and are required for surface drainage. 1916, c. 19, s. 460. I age 483 (1) Where the work is the construction of a sewer Apportjo^^j^^ or the laying of a water main or both the council may, by a of ««^«™ vote of two-thirds of all the members, provide that a certain sum per foot frontage shall be specially assessed upon the land abutting directly on the work and that the remainder of the cost shall be borne by the corporation. (2) The part of the cost to be borne by the corporation shall not be less than that which, under section 482, is to be included in the corporation's portion of the cost. 1916, c. 19, s. 461. 484 (1) The council may, by bylaw passed at any J-n may ^ general or special meeting by a vote of two-thirds of all the °l^^^l^^^^ members of the council, provide that such part as to the pavement council may seem proper of the cost of any or every grano- lithic, stone, cement, asphalt or brick sidewalk, or of every pavement or curbing constructed as a local improvement which otherwise would be chargeable upon the land abutting directly on the work shall be paid by the corporation. (2) Such bylaw shall not be repealed except by vote of two-thirds of all the members of the council. 1916, c. 19. s. 462. 485 (1) In the case of corner lots and triangular or « eduction^ of ^ irregularly shaped lots situate at the junction or intersection oomeriots of streets a reduction shall be made in the special assessment which otherwise would be chargeable thereon sufficient, having regard to the situation, value and superficial area of such lots as compared with the other lots, to adjust the assessment on a fair and equitable basis. (2) Where a lot is for any reason, wholly or in part, unfit l^X^^^U for building purposes, a reduction shall also be made in the purposes special assessment, which otherwise would be chargeable thereon, sufficient to adjust its assessment as compared with that of the lots fit for building purposes on a fair and equit- able basis. (3) The reduction shall be made by deducting from the l^"^/*^""*'"" total frontage of the lot liable to the special assessment so Vol. II.— 11. 1460 Cap. 87 TOWNS Reduction borne by town uiiich thereof as is sutiicient to make the proper reduction, but the whole of the lot shall be charged with the special assessment as so reduced. (4) The amount of any reduction made in the assessment of any lot under the provisions of this section shall not be chargeable upon the lots liable to be specially assessed, but shall be paid by the corporation. 1916, c. 19, s. 463. c^t^r^"^ "* 486. Where the work undertaken is a sidewalk or curbing, or'^ourb^ only the land abutting on that side of the street upon which the work is constructed shall be specially assessed. 1916, <•. 19, s. 464. Assessment of oonabutting land for cost of certain sewers 487.- — (1) Where the work is a sewer and in order to afford an outlet for the sewage for any land not abutting directly on the work or for the drainage of it, the sewer is of a larger capacity than is required for the purpose of the abutting land such other land may be specially assessed for a fair and just proportion of the cost of the work. (2) In the cases provided for by the preceding subsection, that part of the cost of the work for which the abutting land is to be specially assessed shall be assessed upon it in the manner provided by section 481, and that part of the cost for which such other land is to be specially assessed shall be assessed upon it in the manner provided by sections 490 and 491. (3) When the work is the construction of a sewer, and for the purpose of affording an outlet therefor the sewer is carried along a street or place where, owing to the peculiar position of any lot or parcel of land abutting thereon, or to the absence of buildings thereon, such sewer would not have been carried except as a means of affording an outlet, such lot or parcel of land may be exempted from payment of any special assessment in respect of such sewer either for the whole or a part of the term of the special assessment, or from the payment of the whole or a part of the proportionate cost thereof, as shall appear just under the circumstances. 1916, c. 19, s. 465. Apportion- ment of cost of bridge or opening of street 488. — (1) Where the work is the construction of a bridge or the opening, widening, extending, grading, altering the grade of, diverting or improving a street, and the council is of opinion that for any reason it would be inequitable to charge the cost of the work on the land abutting directly thereon, the council may provide for the payment by the corporation of such part of the cost as to the council may seem just, and so much of the residue thereof as may seem just may be specially assessed upon the land abutting directly on the work, and so much of such residue as may seem just on such other land as is immediately benefited bv the work. TOWNS Cap. S7 1461 (2) In the case provided for by the preceding subsection ^^^^^^^^^^ that part of the cost of the work for which the abutting land is to be specially assessed shall be assessed thereon in the manner provided by section 481 and that part of the cost for which land not abutting directly on the work is to be specially assessed shall be assessed thereon in the manner provided by sections 490 and 491. 1916, c. 19, s. 466. 489 (1) Where the work is the erection of a fire wall^J^^^^^ and acquiring the land necessary for the same, the cost may fire waii be assessed upon such land as in the opinion of the council is specially benefited thereby. Such cost shall be assessed in the manner provided by sections 490 and 491. (2) This section shall apply to any work of the above description completed since the first day of January, 1916. 1917, c. 12, s. 20. 490. Where land not abutting directly upon a work is to ^es^sment^of be specially assessed, if the whole of it is equally benefited, benefited'"'' the portion of the cost to be borne by such land shall be specially assessed upon the lots according to the extent of their frontage by an equal special rate per foot of such frontage. 1916, c. 19. s. 467. 491. Where land not abutting directly upon a work is to Assessment of be specially assessed, and the whole of it is not equally bene- land un- fited, such land shall be divided into as many districts or benefited sections as there are different proportions of benefit so that a district or section shall embrace all the land which will be benefited in the same proportion, and its proper portion of the cost shall be assigned to each district or section, and the portion of the cost to be borne by each district or section shall be specially assessed on the lots therein according to the extent of their frontage by an equal special rate per foot of such frontage. 1916, c. 19, s. 468. 493. — (1) Where the work is a high pressure water main Assessment specially laid for purposes of fire protection, the council may pressure . ■, n 1 1 , • <• 1 i^ J? xi water main provide for payment by the corporation oi such part oi tne cost as may seem just, and the residue may be assessed against the land specially benefited by the work in such pro- portions as each parcel of land and buildings bears to all the land and buildings specially benefited. (2) In such case, without changing the total amount of the special assessment, the special assessment on each parcel of land may be varied from year to year so that it shall bear the same proportion to the total special assessment as the assessment on such parcel of land and buildings according to the last revised assessment roll bears to the total assessment for the year on all parcels of land and buildings covered by the special assessment. 1916, c. 19, s. 469. 1462 Cap. 87 TOWNS Apportion- ment of rate in case of aubdi vision 493. In case there has been or shall hereafter be a change of plan of subdivision, or a division of the ownership of any parcel or parcels of land upon or in respect of which a special rate for local improvement has been or shall here- after be levied or assessed, the assessor, both in respect to arrears and also to the special rate for future years may apportion to and against each respective part of the original parcel or parcels of land such proportion or share of the sum originally assessed against the same as he shall deem just, and the sum or sums so reapportioned shall be levied and collected as if they had in the original bylaw been assessed against the parcels according to the resubdivision or division ownership. 1916, c. 19, s. 470. Ascertaining proportions of cost 494. The council may make bylaws for providing the means of ascertaining and finally determining what portion of the cost of a local improvement shall be raised by special assessment, and what portion shall be borne by the munici- pality at large ; and, in case of a special assessment, what lands shall be assessed in an exceptional mode as herein- before provided and the mode to be adopted; and, where a portion of the cost is to be assessed upon land not abutting directly upon the work, in what proportions the assessment is to be borne by the several lands affected ; and it is hereby declared that bylaws of general application may be passed for the said purposes, and that it shall not be necessary to pass a special bylaw in each particular instance. 1916, c. 19, s. 471. Sewer and water connections 495. — (1) The council may pass bylaws providing for the construction of sewer and water connections from the main sewer or main water pipe, as the case may be, to the street line, upon the written request of the owners of abut- ting land, and for assessing the cost of such connections against the properties affected. (2) The council may, for the purpose of paying for such connections in the first instance, and before any of the work is imdertaken, borrow money on the credit of the munici- pality at large and issue debentures therefor. (3) It shall not be necessary to pass bylaws imposing special assessments upon the individual properties connected, but such assessments mav be made under the terms of a bylaw of general application. 1916, c. 19, s. 472; 1917, c. 12, s. 21. Special assess- 496. Bcfore a special assessment is imposed, the council prepared shall procure to be made a special assessment roll, in which shall be entered: TOWNS Cap. 87 1463 (a) every lot to be specially assessed in respect of the owner's portion of the cost, the name of the owner and the number of feet of its frontage to be so assessed ; (&) every lot which, but for the provisions of section 508, would be exempt from the special assessment and the number of feet of its frontage; (c) the rate per foot with which each lot is to be assessed ; (d) the number of instalments by which the special assessment is to be payable. 1916, c. 19, s. 473. APPEAL AGAINST SPECIAL ASSESSMENT. 497 (1) There shall be a right of appeal against ^pp*"^^ every proposed special assessment to the council, and further to the judge 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. (2) Ten days' notice of the time and place of the sittings 3^t*;^|^"|3°o^f of the council shall be given by publication, either in a local •'°""''" newspaper or by posters printed in conspicuous characters and posted in five conveniently separated places in the town, and at least fifteen days before the day appointed for the sittings a notice shall be mailed to the owner of every lot proposed to be specially assessed, in the following form: Take notice that: 1. The council of the corporation of the of has constructed as a local improvement {describe the worh) on (or in) street between (describe the points between which the worh has been constructed) ; 2. The cost of the work is $ , of which $ is to be paid by the corporation. The special rate per foot front- age is . The special assessment is to be paid in annual instalments; 3. The estimated lifetime of the work is years; 4. A meeting of council will be held on the day of 19 , at o'clock at the (insert place of meeting) for the purpose of hearing complaints against the proposed assess- ments or the accuracy of frontage measurements and any other complaint which persons interested may desire to make and which is by law cognisable by the council. Dated Assessor. (2) "Where that part of the municipality in which the land to be specially assessed is situate is divided into districts 1464 Cap. 87 towns or sections the form shall be altered to show the special rate per foot frontage in each district or section. 1916, c. 19, s. 474. co°uTdi°^ 408. — (1) The council shall have jurisdiction and power to review the proposed special assessment and to correct the same as to all or any of the following matters: (a) where the owners' portion of the cost is to be specially assessed against the land abutting directly on the work, as to the following matters: (i) the names of the owners of the lots; (ii) the frontage or other measurements of the lots ; (iii) the amount of the reduction to be made under the provisions of section 485 in respect of any lot ; (iv) as to the lots which, but for the provisions of section 508, would be exempt from special assessment; and (v) as to the rate per foot with which any lot is to be specially assessed; (6) where part of the owners' portion of the cost is to be specially assessed on land not abutting directly ^ on the work, in addition to the matters mentioned in clause (a), as to the lots other than those abut- ting directly on the work which are or will be immediately benefited by it, and as to the special assessment which such lots should respectively bear ; (c) In all cases as to the actual cost of the work. (2) The council shall not have jurisdiction or authority to review or to alter the proportions of the cost of the work which the lands to be specially assessed and the corporation are respectively to bear according to the provisions of the bylaw for undertaking the work. (3) In case the assessment of any party is decreased or increased on appeal, the council may raise or lower propor- tionately the assessment of other parties assessed without further notice. 1916, c. 19, s. 475. Adjourned 499. — (1) Where it appears to the council that any lot ^* which has not been specially assessed should be specially assessed; before finally determining the matter the council shall adjourn its sittings to a future day and shall cause notice to be given to the owner of such lot of the time and place when the adjourned sittings will be held. TOWNS Cap. 87 1465 (2) Such notice shall be in the form given in section 497, with the substitution of the following paragraph for para- graph 4 : "4. You are served with this notice because the council is of opinion that your lot though not specially assessed should be specially assessed in respect of the owners' portion of the cost of the work, and an adjourned sittings of the council will be held on the day of 19 , at o'clock at the (insert place of^ meeting) when the matter will be determined by the council." (3) The notice shall be mailed at least six days before the time fixed for the adjourned sittings. (4) If the council determines that any such lot ought to be specially assessed, the council shall have jurisdiction and power to fix and determine the amount of the special assess- ment thereon. 1916, c. 19, s. 476. 500. The assessor shall make such corrections in the^«'»"" special assessment roll as are necessary to give effect to the decisions of the council, and the roll when so corrected shall be certified by the assessor, and when so certified, except in so far as it may be further amended on appeal to the judge, such assessment roll and the special assessments shall be valid and binding upon all persons concerned and upon the land specially assessed, notwithstanding any defect, error or omission therein or any defect or error in the bylaw for undertaking the work or in any notice given or proceeding taken or the omission of any proceeding or thing which ought to have been taken or done before the passing of the_ bylaw for undertaking the work or thereafter down to and includ- ing the completion of such revision. 1916, c. 19, s. 477. 501. — (1) The owner of a lot specially assessed may Appeal *" appeal to the judge from any decision of the council. (2) The provisions of this Act as to appeals to the judge from the council with respect to an ordinary assessment shall apply, as nearly as may be, to an appeal under the provisions of this section. (3) The judge shall have the like jurisdiction and powers as are conferred on the council by section 498, and the provi- sions of section 499 shall apply where it appears to the judge that any lot not specially assessed ought to be so assessed. 1916. c. 19, s. 478. BOKEOWTNG POWERS. 503. — (1) The council may agree with any bank or Temporary person for temporary advances to meet the cost of the work pending the completion of it and may give as security for 1466 Cap. 87 TOWNS Issue of debentures Certain provisions apply Contents of bylaw Special rates for owners' portion any such loan treasury bills, temporary debentures or similar forms of obligation, signed by the mayor and treasurer ; and may from time to time, pending the issue and sale of deben- tures, pass bylaws for extending the loan and renewing or extending such bills, debentures or other obligations, whether original or renewal, notwithstanding that the work for which the advances were made has been completed. (2) The council may, when the work undertaken is com- pleted, borrow on the credit of the corporation at large such sums as may be necessary to defray the cost of the work undertaken, including the corporation's portion of the cost, or to repay temporary advances incurred to meet the cost of such work pending completion, and may issue debentures for the sums so borrowed. (3) The provisions of this Act as to bylaws for creating debts shall apply to bylaws passed under the authority of subsection (2), except that it shall not be necessary : (a) that the bylaw be submitted to or receive the assent of the burgesses ; (b) that any rate be imposed for the payment of so much of the principal sum borrowed as represents the owners' portion of the cost or of the interest thereon, other than the special rate per foot front- age imposed to meet it; and except that the debentures, save as provided by section 505, shall be payable within the lifetime of the work. (4) Every bylaw for raising that portion of the cost which is payable by way of special assessment, or any part thereof, shall state by recital or otherwise: (a) the amount of the debt which such bylaw is intended to create, and in general terms the object for which it is to be created; (&) the total amount required to be raised annually for paying the debt and interest under the bylaw, and whether the whole or if not what portion thereof is payable by way of special assessment; (c) the total value of the land charged with the special assessment, and if any portion of the debt created by such bylaw 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 ; (d) that the debt is contracted on the credit and secur- ity of the town at large. (5) The special rates imposed for the owners' portion of the cost shall form a special fund for the payment of the debentures issued under the authority of subsection (2), and TOWNS Cap. 87 1467 the interest thereon, and shall not be applicable to or be applied for any other purpose. (6) If in any year the amount realised from the special ^enera^i rate rate imposed to provide for the owners' portion of the cost defic^noy^n and interest is insufficient to pay the amount falling due in such year in respect of so much of the debentures as repre- sent the owners' portion of the cost, the council shall provide for the deficiency in the estimates for the following year and levy and collect the same by a general rate, but this shall not relieve the land specially assessed from the special rate thereon. (7) The amount borrowed under the provisions of subsec- o^^ners'^^^ tion ( 2 ) , in respect of the OMTiers' portion of the cost, shall part of 1 I- 1 •• 11 iT-iT debenture not be deemed to be part of the existing debenture debt oidebt the corporation within the meaning of section 303. (8) Instead of borrowing the amount of the corporation's Corporation-. portion of the cost of a work undertaken the council may^ndudedin include the same in the estimates of the year. 1916, c. 19, estimates 8. 479. 503 (1) Notwithstanding anything hereinbefore t'on- geoerai^^^ tained, the council may, on or before the first day of June in any year, make an estimate of the sums required to meet the cost of local improvements intended to be undertaken during the year ; and may, by bylaw which need not be referred to the burgesses, authorise the issue and sale of debentures for the purpose of raising the whole or any portion of such estimated cost before proceeding with the work or before completion, and without providing for special assessments. (2) Such bylaw shall provide that the amount shall be borrowed on the credit and securitv of the town at large. (3) The debt may be made payable in any one of the manners authorised by section 307, and the debentures shall bear such rate of interest as the council may by the bylaw direct. (4) The amounts levied annually by special assessment under individual local improvement bylaws, passed for the purpose of recouping to the town the property's share of the cost, shall be deducted from the amount required to be raised under the general loan bylaw, and the balance only which remains after such deduction shall be provided by general rate. (5) Pending the completion of the respective works included in the estimate and the passing of bylaws imposing special assessments therefor, interest and sinking fund or instalments of principal and interest, as the case may be, may be paid out of the proceeds of the sale of the debentures, or out of the proceeds of temporary loans. 1468 Cap. 87 towns (6) The bylaw may provide for extencling the time for payment of the debt in any one of the said methods for a period of thirty years, notwithstanding that the special ' assessments to be made for recouping the town the cost of the local improvements may, according to the different classes of work, be payable at one or more different periods. (7) The council shall possess a discretion as to whether it shall consolidate the debt created in one year by one or more such bylaws. (8) Where debentures are issued upon an estimate as provided by this section, individual bylaws imposing special assessments for the different works included in the estimate shall be passed subsequently, but such bylaws shall not be passed until the respective works are completed and the actual cost ascertained. (9) When the sums realised from the special rate imposed under any individual bylaw for a portion of the debt have reached an amount sufficient to discharge such portion, the money may, pending the maturity of the debentures, be invested in any of the securities authorised for the invest- ment of the sinking fund. (10) If the council's estimate of the cost of local improve- ments shall in any year prove to be less than the total cost of such works deemed necessary in such year, the council may nevertheless proceed with the works and include the amount of the unprovided balance in an estimate for the following year. (11) Should the amount raised for local improvements in any year exceed the cost of the improvements, the unex- pended balance may be used for a similar purpose in the following year. (12) ITothing in the preceding subsections contained shall affect the procedure for initiating local improvements, the manner of imposing special assessments therefor according to the respective characters of the works, the times fixed for payment of such assessments or the provisions as to appeals. (13) The provisions of subsections (3), (5), (6), and (7) of section 502 shall apply mutatis mutandis and so far as they are not inconsistent with the expi;ess provisions of this section, to bylaws passed and debts incurred under this section. 1916, c. 19, s. 480. Cposoiidation 504. — (l) Whcrc two Or more works have been con- Qi bylaws structed and the bylaws provided for by subsection (2) of section 502 have been passed, instead of borrowing the separate sums thereby authorised to be borrowed and issuing debentures therefor, the council by bylaw, hereinafter called TOWNS Cap. 87 146Q the consolidating bylaw, may provide for borrowing the aggregate of such separate sums and for issuing one series of debentures therefor. (2) The consolidating bylaw shall show by recitals or otherwise in respect of what separate bylaws it is passed. (3) It shall not be necessary that the consolidating bylaw shall impose any rate to provide for the payment of the debentures issued under it or the interest thereon, but the rates imposed by the separate bylaws shall be levied, collected and applied for that purpose. (4) Instead of passing a bylaw under section 502 in respect of each individual work, the council may pass one bylaw in respect of several works, giving in such bylaw in respect of each work substantially the same information as would be given in several bylaws respecting such works, and may provide in such bylaw for borrowing the aggregate cost of such several works and for issuing one series of deben- tures therefor. 1916, c. 19, s. 481. 505. — (1) The council shall impose upon the land liable Annuai^^^ therefor the special assessment with which it is chargeable of special in respect of the owners' portion of the cost, and the same shall be payable in such annual instalments as the council shall prescribe, but not so as to extend beyond the probable lifetime of the work unless the work is of the class pre- scribed in clause (8) of section 466 in which case the annual instalments may extend over a period of not more than 40 years.- (2) In fixing the amount of the annual instalments a sum sufficient to cover the interest shall be added. (3) The council may also either by general bylaw or by a bylaw applicable to the particular work prescribe the terms and conditions upon w^hich persons whose lots are specially assessed may commute for a payment in cash the special rates imposed thereon. (4) Sums paid under subsection (3) shall be invested in securities mentioned in section 336, provided that from the interest earnings shall be paid annually an amount suffi- cient to pay interest on the amount of the debentures issued with respect to the levy on properties on which the deben- tures were issued, and from the principal an amount sufficient to pay the necessary amount into the sinking fund account, or that portion of the principal accruing due during the year. (5) The provisions of this Act as to the collection and recovery of taxes and the proceedings which may be taken in default of payment thereof shall apply to the special assessments and the special rates imposed for the payment of them. 1916, c. 19, s. 482; 1918-19, c. 35, s. 17. 1470 Cap. 87 TOWNS Where assess- ments irregular new assess- ments may , be made When assess- ment confirmed bylaw not quashed Obligations under illegal bylaw binding Amending bylaw 506 — (1) If a debt has been incurred by the corpora- tion for or in respect of a work undertaken before the pass- ing of this Act, and, after the incurring of the debt, the special assessment for the work is found or adjudged to be invalid or the bylaw for borrowing money to defray the cost of the work is quashed or set aside, either wholly or in part, by reason of any irregularity or illegality in making such assessment or in passing such bylaw, the council shall cause a new assessment to be made or may pass a new bylaw when and so often as may be necessary to provide the money required to be raised to discharge the debt so incurred. (2) In the case of a work undertaken after the passing of this Act, if the special assessment in respect of it has become confirmed under the provisions of section 500, no b;ylaw for borrowing money to defray the cost of the work or for imposing the special assessment shall be quashed, set. aside or adjudged to be invalid by reason of its illegality or of any defect in it, but the court in which any proceeding for quashing, setting aside or declaring to be invalid the bylaw is taken shall, on such terms and conditions as to costs and otherwise as may be deemed proper, direct the council to amend or repeal such bylaw and, where a repealing bylaw is directed, to pass a new bylaw in proper form in lieu of the repealed bylaw, and it shall be the duty of the council to pass such bylaw accordingly. (3) Every liability or obligation incurred and every debenture issued by the corporation under the authority of any such defective or illegal bylaw shall be as effectual and as binding as if the amending or new bvlaw directed to be passed had been passed and was in force at the time such liabilitv or obligation was incurred or such debenture was issued. (4) Although no proceeding has been taken to quash, set aside or declare invalid the bylaw, the council may of its own motion and, if required by any person to whom it has incurred any liability on the faith of the bylaw, shall pass such amending or new bylaw as may be necessary to make effectual and binding the liability so incurred and any deben- ture issued under the authority of such bylaw, and the pro- visions of subsection (3) as to the effect of an amending or' new bylaw shall apply to any bylaw so passed. 1916, c. 19, s. 483*! EEPAIE OF WOKK. Repair at expense oi town 507. After a work undertaken has been completed it shall during its lifetime be kept in repair by and at the expense of the corporation. 1916, c. 19, s. 484. TOWNS Cap. 87 1471 ASSESSMENT OF LAND EXEMPT FROM TAXATION. 508. Land exempt from taxation for local improvements ^^p^^faiu, under any general or special Act shall nevertheless, for all»««^^^ purposes except petitioning for or against undertaking a work, be subject to the provisions of this Act and shall be specially assessed; but the special assessments imposed thereon which fall due while such land remains exempt shall not be collected or collectible from the owner thereof unless there has been a previous agreement to the contrary with such owner, but shall be paid by the corporation. 1916, c. 19, s. 485. MISCELLANEOUS. 509. The special assessment and the special rates charged ®f;f j^^™^ or chargeable upon land for or in respect of the cost of any incumbranoes work undertaken, whether upon petition or otherwise, except 80 much of them as is in arrear and unpaid, shall not, as between a vendor and a purchaser, or as respects a covenant against incumbrances, or for the right to convey, or for quiet possession free from incumbrances, be deemed to be an incumbrance upon the land upon which the special rate is charged or chargeable. 1016, c. 19, s. 486. 510 — (1) Proceedings for undertaking a work begun ^o^k^^^^by* by one council may be continued, and the work may be begun, '^'^^f''^ continued and completed by a succeeding council. (2) Where proceedings have been taken before the pass- ing of this Act the same may be continued and completed under the provisions of the law as it previously stood, but sections 502 and 504 shall apply to the work when com- pleted. 1916, c. 19, s. 487. 511. The Local Government Board may approve of ^en't'eoTrd"' forms of bylaws, notices and other proceedings to be passed, ^^^ g^PP'"^* given or taken under or in carrying out the provisions of this Act, and every bylaw, notice or other proceeding which is in substantial conformity with the form so approved shall not be open to objection on the gi-ound that it is not in the form required by the provisions of this Act applicable thereto; but the use of such forms shall not be obligatory. 1916, c. 19, s. 488. 513. — (1) In case a special assessment has been imposed Rebating before the passing of this Act in respect of the estimated assessment* cost of a local improvement, but the work has not been done and no debentures have been sold in respect thereof and the council desires to abandon the same, the council may by a bylaw passed by two-thirds of all the members repeal the 1472 Cap. 87 TOWNS local improvement bylaw, cancel the special assessment and refund to the owners the several amounts paid by them on account thereof with legal interest. (2) Such abandonment and cancellation shall in no way affect the right of the council to pass another bylaw in respect of such improvement at any future time, on complying with the provisions of this Act prescribing the procedure to be followed. 1916, c. 19, s. 489. PART XII. Control of highways within the t«wn Highways and Public Places. 513. Subject to the provisions of section 19 of The Tele- phone and Telegraph Department Act, and to the provisions of section 18 of The Rural Telephone Act, all public roads, streets, bridges, highways, lanes, alleys, squares or other public places in a town shall be subject to the direction, management and control of the council for the public use of the town. 1916, c. 19, s. 490. ^^ ithout the town 514. The Lieutenant Governor in Council may by order in council direct that 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, manage- ment and control of the council for the public use of the town. 1916, c. 19, s. 491. Closing, etc., of streets 515. — (1) The town may pass bylaws for closing and selling or leasing any public highway the fee whereof is not vested in the Crown, or any public highway the fee whereof is vested in the Crown provided that the consent of the Minister of Highways has been first obtained. (2) No such bylaw shall be passed: (a) unless at least two weeks' notice of the intention of the council to pass the same be given by registered letter to all persons who are either registered or assessed as owners of the lands abut- ting upon the portion of highway so proposed to be closed and sold or leased ; nor (b) unless such notice is advertised previously to the passing of the bylaw in some newspaper published in the town, or if there is none such in some news- paper circulating therein, at least once each week for two successive weeks ; nor TOWNS Cap. 87 1473 (c) until any person who claims that his land will be injuriously affected thereby, and petitions to be heard, has been afforded an opportunity to be heard by himself or his agent in relation to the proposed bylaw. (3) Any such person so claiming, petitioning and appear- ing shall be entitled to be compensated for all damage caused to his land by reason of anything done under the bylaw; such compensation to be determined in the same manner and subject to the same conditions as in the case provided for by sections 358 to 382 hereof inclusive. 1916, c. 19, s. 492; 191Y, c. 12, s. 22. 516 — (1) Every public road, street, bridge, highway, J^rfep^at^B"*' square, alley or other public place subject to the direction, management and control of the council, including all cross- ings, 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 punishment provided by law, shall be civilly responsible for all damage sustained by any person by reason of such default. (2) This section shall not apply to any road, street, bridge, alley or square, crossing, sewer, culvert, sidewalk or other work made or laid out by a private person until the same has been established as a public work by bylaw or other- wise assumed for public use by the corporation. (3) The town shall not be liable for damages under this section unless the person claiming the same has suffered by reason of the default of the corporation a particular loss or damage beyond what is suffered by him in common with all other persons affected by the want of repair. (4) ISTothing herein contained shall cast upon the town any obligation or liability in respect of acts done or omitted by persons exercising powers or authorities conferred upon them by law, and over which 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 proceed is not a bylaw, resolution or license of the council. 1916, c. 19, s. 493. 517. Except in case of negligence a corporation shall Snow and ice not be liable for personal injury caused by snow or ice upon a sidewalk. 1916, c. 19, s. 494. 518. No action shall be brought against a corporation ActmnwUhk, for the recovery of damages occasioned by default in its duty of repair as mentioned in section 516, whether the want of 1474 Cap. 87 TOWNS Notice of claim Case of death Municipali- ties liable jointly repair was the result of nonfeasance or misfeasance, after the expiration of three months from the time when the damages were sustained. 1916, c. 19, s. 495. 519. No action shall be brought for the recovery of such damages unless notice in wa-iting of the claim and of the injury complained of has been served upon or sent by registered post to the mayor or town clerk within thirty days after the happening of the injury. 1916, c. 19, s. 496. 520. In case of the death of the person injured, failure to give such notice shall not be a bar to the action ; and failure to give or insufficiency of the notice shall not be a bar to the action, if the court or judge before whom the action is tried is of opinion that there is reasonable excuse for the want or insufficiency of the notice and that the corporation was not thereby prejudiced in its defence. 1916, c. 19, s. 497. 531. — (1) Where the town and an adjacent municipality are jointly liable for keeping in repair a public road, street, bridge, stream or other highway, there shall be contribution between them as to the damages sustained by any person by reason of their default in so doing. (2) An action by any such person shall be brought against all such corporations jointly and any of them may require that the proportions in which damages and costs recovered in the action are to be borne by them shall be determined therein. (3) In settling such proportions, either in the action or otherwise, regard shall be had to the extent to which each corporation 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. 1916, c. 19, s. 498. 522 (1) Where an action may be brought against the town by any person who has suffered damages by reason of the default of the town in keeping in proper repair any public road, street, bridge, highway, square, alley or other public place, no action shall be brought in respect of such damage against any member of the council or officer or employee thereof personally, but the remedy therefor shall be wholly against the town. (2) This section shall not affect the liability of a mere contractor with the town, nor of any officer or employee of any such contractor, by reason of whose act or neglect the daimage was caused. 1916, c. 19, s. 499. ^„y g 533. Where an action is brought to recover damages ovCT^n action sustaiucd by reason of any obstruction, excavation or open- of damages :^^^ ^^ ^^ ^^^^ ^q ^ highway. Street, bridge, alley, square or No liability on oflScer of town TOWNS Cap. 87 1476 other public place, placed, made, left or maintained by any person other than a servant or agent of the town, or by rea- son of any negligent or wrongful act or omission of any per- son other than a servant or agent of the town, the town shall 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. 1916, c. 19, s. 500. 534. The town shall be entitled to such remedy over in in same the same action if the other party is a party to the action ; and if it is established in the action as against him that the damages were sustained by reason of an obstruction, excava- tion or opening placed, made, left or maintained by him. 1916, c. 19, s. 501. 525. The town may in such action have the other person Party added as a party defendant or third party if not already a defendant, for the purposes of the remedy over, 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. 1916, c. 19, s. 502. 536. If such person is not a party defendant or is not in separate added as a party defendant or third party, or if the town has paid the damages before an action is brought to recover the same or before recovery in an action against the corpora- tion, the town shall have a remedy over by action against such person. 1916, c. 19, s. 503. 537. Such other person shall be deemed to admit the Admission of validity of the judgxaent, if any, obtained against the town iiabiiity*^ ^ ' only where a notice has been served on him pursuant to the provisions of The King's Bench Act or of any rules of court made thereunder, or where he has admitted or is estopped from denying the validity of such judgment. 1916, c. 19, s. 504. 538. Where such notice has been served and there has Nonadmisaion 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 liability of the town for such damages, and the fact that the damages were sustained under such circumstances as to entitle the corporation to the remedy over, must be estab- lished in the action against such person to entitle the town to recover in the action. 1916, c. 19, s. 505. 1476 Rights as in proceedings Notice of action in certain ra=es Tender of amends Cap. 87 TOWNS PAKT XIII. Actions by and against Town. 529. Where duties, obligations or liabilities are imposed by law upon any person in favour of the corporation or the inhabitants or some of the inhabitants of the town, or where contracts or agreements are or have heretofore been entered into imposing such duties, obligations or liabilities, the town shall have the right by action to enforce the same and to obtain as complete and full relief and remedy as could have been obtained by the Attorney General as plaintiff or as plaintiff upon the relation of any person interested, or in an action by such inhabitants or one or more of them on his or their own behalf or on behalf of himself or themselves and of such inhabitants. 1916, c. 19, s. 506. 530. ITo action shall be brought for anything done under a bylaw or resolution which is illegal in whole or in part until one month after the bylaw or resolution or the illegal part thereof 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 bylaw or resolution. 1916, c. 19, s. 507. 531. In case the town tenders amends to the plaintiff or his solicitor, if such tender is pleaded 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. 1916, c. 19, s. 508. Limitation of period of iialjility 533. In cases not otherwise provided for, no action shall be brought against the town for the recovery of damages after the expiration of three months from the time when the damages were sustained, unless, upon application to a judge of the Court of King's Bench made not later than one year from such date, and after seven days' notice to the town, the judge allows the claim to be made. 1917, c. 12, s. 23. Procedure on writs of execution in sheriff's hands Copy writ delivered to town clerk EXECUTIONS AGAINST TOWNS. 533. Any writ of execution against a town may be indorsed with a direction to the sheriff of the judicial dis- trict in which the town is, 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 indorse- ment to the town clerk with a statement in writing of the TOWNS ^ Cap. 87 1477 amount required to satisfy such execution, including the amount of interest calculated to some day as near as is con- venient to the day of the service, and sheriff's fees; 2. If the amount, with interest thereon from the day fa''^"**"" mentioned in the statement, 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 are struck for general town purposes, strike a rate sufficient in the dollar to cover the amount claimed as afore- said 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 under his sh^j^ff^^^^ hand and seal of office directed to the treasurer and shall treasurer annex thereto the roll of such rate, and shall by such pre- cept, after reciting the writ and that the town has neglected to satisfy the same and referring to the roll annexed to the precept, command the treasurer to levy such rate at the time and in the manner by law required in respect of the general annual rates; 4. At the time for levying the annual rates next after the ^p®^^af receipt of such precept, the 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 to be levied upon each person respectively, and shall levy the amount of such execution rate as 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 with the amount levied thereon, deducting his percentage; 5. The sheriff shall, after satisfying the execution and all s>"-piu« fees thereon, return any surplus within ten days after receiving the same to the treasurer for the general purposes of the town ; 6. In case the treasurer of any town against which emj^^^^^ execution is issued is not paid by percentage, he shall be paid for such collections a sum not exceeding two and one- half per centum; 7. The clerk, the treasurer and the assessor shall, for the officials, . /«. . . . . , omcers ot purpose of carrying into effect or permitting or assisting the court 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 issued, and as such may be pro- ceeded against by attachment, maTidamus or otherwise to compel them to perform the duties hereby imposed on them. 191G. c. 19, s. 509. 1478 Cap. 87 TOWNS Penalty paid to the town Expenses of imprisonment 534. — (1) A penalty or fine under any bylaw of the town shall, if no other provision be made respecting it, belong to the town for the public use of the same and form part of its general revenue. (2) In the event of any person being committed to gaol by reason of a breach of a town bylaw there shall be charge- able to the town such part of the expenses paid by the prov- ince for the transport of such person to gaol, and for his maintenance while there, as may be designated by the Lieu- tenant Governor in Council. 1916, c. 19, s. 510. PAET XIV. Penalties. Amount of penalty, etc. Recovery 535. The council may by any bylaw: 1. Impose a penalty not exceeding $100 exclusive of costs for breach of any provision of a bylaw; 2. Enact that, in case the conviction be for the nonpay- ment of a license fee payable to the town under the provi- sions of a bylaw, the convicting justice may adjudge pay- ment thereof in addition to the penalty. 1916, c. 19, s. 511. 536. Such penalty, or penalty and license fee, as the case may be, may, unless other provision is specially made in respect thereof, be recovered and enforced with costs by sum- mary conviction before a police magistrate or justice of the peace having jurisdiction in the town, and upon default of payment the person convicted may be committed to gaol or to the guardroom of the Royal Canadian Mounted Police force, or to a public lockup for any time determined by the said police magistrate or justice, not exceeding thirty days and with or without hard labour, unless such penalty, or penalty and license fee, as the case may be, and costs, includ- ing the costs of the committal and of the conveyance of the person convicted to the said gaol, guardroom or lockup, are sooner paid. 1916, c. 19, s. 512. PART XV. Miscellaneous. Inquiry by Government GOVERNMENTAI. COMMISSION OF INQUIRY. 537. In case one-third of the members of the council, or one-fourth of the electors of the town, petition the Lieuten- ant Governor in Council for a commission to issue under the Great Seal to inquire into the financial affairs of the TOWNS Cap. 87 1479 town, the Lieutenant Governor in Council may issue a com- mission accordingly; and the commissioner or commission- ers shall have all the powers of commissioners appointed under The Public Inquiries Act. 1916, c. 19, s. 513. JUDICIAL COMMISSION OF INQUIRY. Inquiry by e 538 — (1) In case the council passes a resolution request- j^'^'^ ing a judge to investigate any matter mentioned in the resolution and relating to an alleged malfeasance, breach of trust or other misconduct on the part of a member of the council, or an 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 sees fit to cause inquiry to be made into or concern- ing any matter connected with the good government of the town or the conduct of any part of the public business there- of, and passes a resolution requesting a judge to make inquiry, the judge shall inquire into the same and he shall for that purpose have all the powers which may be conferred upon commissioners under The Public Inquiries Act and the judge shall, with all convenient speed, report to the council the result of the inquiry and the evidence taken thereon. (2) When any such resolution has been passed by the council, the Attorney General may, notwithstanding any- thing in this Act contained, appoint the district court judge of any judicial district in the province to make the inquiry. (3) The judge shall be entitled to receive and shall be paid the same fees as an arbitrator is entitled to receive under section 375. (4) The council may engage and pay counsel to represent the town, and may pay all proper witness fees to persons summoned to give evidence at the instance of the town ; and any person charged with malfeasance, breach of trust or other misconduct, or whose conduct is called in question, may be represented by counsel. 1916, e. 19, s. 514; 1918-19, c. 35, s. 18. 539. The council may at anv time by resolution appoint investigation - . , , " , . , . , . by committee a committee of its members to investigate any charge which of the council may be made against any employee of the town, and the com- mittee so appointed may summon such employee before it to answer the charge, and shall have power to summon wit- nesses and to take evidence under 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. 1916, c. 19, s. 515. 1480 Cap. 87 TOWNS Erection of towns into cities Fee with petition Appointing person to take census 540. — (1) Upon the petition of the council the Lieu- tenant Governor in Council may by proclamation to be pub- lished in The SasJcatcheiuan Gazette declare any town which has a population of five thousand or more to be a city. (2) Every such proclamation shall take effect only on. from and after such day as the Lieutenant Governor in Council may by said proclamation determine, and thereafter all the provisions of The City Act shall apply. (3) Lentil a new council is elected under The City Act, the head and members of the town council existing at the date when said proclamation takes effect shall be deemed and taken for all purposes to be the head and members of the council of the new city, and all the officers of the town shall be and become officers of the city and shall hold office until their successors are appointed. (4) All bylaws, until altered under the authority of The City Act, and all contracts, property, assets, rights and liabilities of the town, as existing at the time of the coming into force of The City Act, shall be deemed and taken for all purposes to be the bylaws, contracts, property, assets, rights and liabilities of the new city. (5) Every petition for the incorporation of a city shall be accompanied by a fee of two hundred and fifty dollars which shall form a part of the general revenues of the province. (6) As soon as may be after receiving the petition referred to in the first subsection of this section, the minister shall appoint a person or persons to take a census of the town desiring incorporation as a city, and such person or persons shall report the result of the census to the minister and to the mayor in such form as the minister may prescribe. 1916, c. 19, s. 516. Minister may appoint councillors, etc. 541 (1) The minister may at any time appoint some person or persons to act in the room and stead of the coun- cil, town clerk, treasurer and assessor of a town, and every person so appointed shall have all the powers and authority conferred by this Act on a town council, clerk, treasurer and assessor, and shall be remunerated out of the funds of the town or otherwise as the minister may determine. (2.) Upon the appointment of any person as aforesaid, the person or persons, as the case may be, previously elected as members of the council and in whose stead such appoint- ment or appointments were made, shall cease to hold office. 1918-19, c. 85, s. 19. H CHAPTER 88. An Act respecting Villages. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Village Act. 1919-20, short title c. 2.\ s. 1. INTERPRETATION. 3. In this Act, unless the context otherwise requires, the i°te^P«*^t"°^ expression : 1. "Assessor" means the assessor ot the village; 2. "Boarding house" means and includes every hotel (not hJi^e'"'"^ being a public hotel), boarding house, lodging house or rooming house in which there are at least six bedrooms or beds used by or set apart for the use of boarders, lodgers or inmates and for the use of which a charge is made by the owner, tenant, occupant, proprietor or manager; 3. "Council" means the council of a village; 4. "Councillor" means a member of the council of a "Councillor- village ; K iiT^^ J. 5? ■•Elector" .^). "Elector means: (a) for the purpose of any election held prior to the completion of the first revised voters' list of the village, any person of the full age of twenty-one years who has owned or been an occupant of assessable property in the village as provided by this Act for a period of at least two months imme- diately prior to the date of such election, or who is the chief resident officer of a corporation, and the wife or husband of any such person if of the full age of twenty-one years and residing with such person in the village; (&) after the completion of the first revised voters' list of the village any person of the full age of twenty- one years whose name appears on the last revised voters' list of the village; C. "Hawker" or "pedler" means and includes any ]3erson, o"?pedUr" not a resident of the village who (being a principal or an agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise, or carries and exposes samples or patterns of any goods, wares or merchandise for purchase and sale by such sample 1482 Cap. 88 VILLAGES "Inoome" "Judge" •Land" or 'property'' "Minister" "Occupant' "Owner" "Person" "Places of public accom- modation" "Public hotel" or pattern, or by means of cuts or blue prints and upon the understanding that such goods, wares and merchandise are to be afterwards delivered in the village to any person who is not a wholesale or retail dealer in such goods, wares or merchandise, or who sells such goods, wares, or merchandise, upon the streets, but shall not mean or include any person selling by retail meat or other products of his own farm or fish of his own catching, or the ho7ia fide servant or employee of any such person having written authority to sell; 7. "Income" means the profit or gain (whether ascertained and capable of computation as being wages, salary or other fixed amount or unascertained as being fees or emoluments or profits from trade or commercial or financial or other business or calling) directly or indirectly received by a person from any office or employment or from any profession or calling or from any trade, manufacture or business, during the year next preceding that in which the assessment is made ; and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security or without security or from stocks or from any other investment and also profit or gain from any other source whatever; but does not include income derived from farm lands or other investments outside the village; 8. "Judge" means a judge of the district court for the • judicial district in which the village is situated; and "court" or "district court" means that court; 9. "Land" or "property" includes lands, tenements and hereditaments and any estate or interest therein; 10. "Minister" means the Minister of Municipal Affairs; 11. "Occupant" includes the resident occupier of land in a village, or if there be no resident occupier the person entitled to the possession thereof, the leaseholder or holder under agreement for sale and a person having or enjoying in any way for any purpose whatever the use of land in a village ; 12. "Owner" includes any person who has any right, title or estate or interest other than that of a mere occupant; 13. "Person" includes corporations, joint stock companies and partnerships and women as well as men; 14. "Places of public accommodation" means and includes public hotels, boarding houses, restaurants, sample rooms and rest and reading rooms; 15. "Public hotel" means and includes every place of public accommodation, supplying lodging and meals to travellers and guests, and licensed as a public hotel under this Act; VILLAGES Cap. 88 1483 )r Restaurant" 16. "Restaurant" means and includes every building oi part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public, which has and regularly uses seating accommodation for serving more than eight paying guests at any one meal : lY. "Secretary treasurer" means the secretary treasurer trIasul-M''' of the village; 18. "Transient trader" means and includes any person trado?'''*" who occupies premises in the village for temporary periods and whose name has not been duly entered on the assessment roll and who may offer goods or merchandise of any descrip- tion for sale by auction or in any other manner conducted by himself or by any licensed auctioneer or otherwise: Provided that the term shall apply only to and include such persons commencing in the village the business men- tioned in this paragraph who have not resided continuously in such village for a period of at least three months next preceding the time of the commencement by him of such business therein ; 19. "Village" means any village municipality now existini: "ViHage" and any village municipality organised under the provisions of this Act. 1919-20, c. 25, s. 2. 3. Where forms are prescribed any deviation therefrom °omYo^ not affecting the substance nor calculated to mislead shall not vitiate the same and forms to the like effect shall suflBcc 1919-20, c. 25, s. 3. 4. Where power to make bylaws, regulations, rules or p°^^%,**' orders is conferred it shall include the power to alter oi- ffy^,«^« revoke the same from time to time and to make others. 1919-20, c. 25, s. 4. 5. Where in this Act a certain date is fixed on or bv E^tenrion which certain things are to be done or proceedings had if it appears that such date was fixed having regard to an earlier date fixed on or by which certain things are to be done or proceedings had then notwithstanding anything herein con- tained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. 1919-20, c. 25, s. 5. 6. If anything to be done by or under this Act at or ^^*|"by°order within a fixed time cannot be or is not done the minister of minister may from time to time appoint a further or other time for doing the same whether the time within which the sam(> ought to have been done has or has not expired. 1919-20. e. 25, s. 6. 1484 Cap. 88 VILLAGES PART I. Area and population Application for petition form Form and requisites of petition Signature to be verified Plan Name of poster Procedure on receipt of petition Posting noticeti Organisation and Direction of Villages. T. No portion of the province shall be erected into a village with an area greater than six hundred and forty acres of land and no such portion of the province shall be so erected unless it contains not less than fifty persons actually resident therein. 1919-20, c. 25, s. 7. 8. Whenever the residents of any portion of the province deem it advisable that such portion should be erected into a village they shall apply to the minister for a form of petition which form shall be supplied by him. 1919-20, c. 2.5, s. 8. 9.— (1) Every petition for the erection of a village shall be in such form as is prescribed by the minister and shall be signed by at least fifteen persons of the full age of twenty- one years who actually reside within the limits of the pro- posed village. (2) Every such petition shall be accompanied by a fee of twenty-five dollars which shall form a part of the general revenues of the province. 1919-20, c. 20, s. 9. 10. — (1) Every signature to every such petition shall be verified by the statutory declaration of some person signing such petition. (2) There shall be annexed to every petition a map or plan showing in detail the limits of the proposed village. 1919-20, c. 25, s. 10. 11. Every petition shall set forth the name and address of some responsible person or persons residing in the pro- posed village who will undertake on behalf of the petitioners to post up the notices required by the next following section. 1919-20, c. 25, s. 11. 13. Upon receipt of any such petition the minister shall forthwith require the person or persons referred to in section 11 to post up a notice which shall be in such form as is prescribed by the minister setting forth a time not less than three full weeks from the posting thereof during which complaints may be lodged with the minister against the organisation of the village and every such complaint shall state clearly the reasons why the complainants are opposed to such organisation of the village. 1919-20, c. 25. s. 12. 13. Every such notice shall be posted in the post office, if any, within the limits of the proposed village and in three other separate public places therein. 1919-20, c. 25, s. 13. VILLAGES Cap. 88 1485 14. Satisfactory proof that the notices hereinbefore men- Proof of tioncd have been posted up shall be furnished to the minister Sef by a statutory declaration in form prescribed by him 1919-20, c. 25, s. 14. 15. Previous to the expiration of the three full weeks Appointment mentioned in section 12 the minister shall appoint a person tlKn^us" to take a census of the actual residents of the proposed village. 1919-20, c. 25, s. 15. 10. If in the opinion of the minister no sufficient cause Minister's is shown why the organisation of the village should not be viiilge ^''''"■'°* proceeded with he shall by written order: erected (a) declare the village to be erected and assign to it a name; (&) fix a day, hour and place for the nomination meeting for the election of a council; (c) appoint a suitable person to act as returning officer at such election; (d) fix a day, hour and place for the first meeting of the council. 1919-20, c. 25, s. 16. 1*7. Notice of the erection of a village, giving its name Notice of and a description of its boundaries, shall be published in published The Saskatchewan Gazette; and such notice shall be con- clusive evidence of the erection of the village and that all the necessary formalities required by this Act have been complied with. 1919-20, c. 25, s. 17. 18. Where the residents of a summer resort desire the Exceptions same to be erected as a village, the provisions of this Act resort erected shall apply, with the following exceptions : *^ ^ "*** 1. The word "residing" or "resident" shall have reference to a temporary residence of one month or more during the summer and preceding the election ; 2. The meetings of the council may be held at any place decided upon by a majority of the members of the council; 3. The appointment of an auditor shall be made before the first day of July in each year; 4. Subsections (1) and (2) of section 145 shall not apply; 5. The annual nomination meeting shall be held on the first Monday in August, and the election, if necessary, of the three councillors on the second Monday in August; and all proceedings preliminary thereto shall be taken at corre- sponding times beforehand ; 6. No such village may issue debentures. 1919-20 c 25 1486 Cap. 88 villages ALTERATIONS IN BOUNDARIES OF VILLAGES. in boundaries ^^' 1'he minister may by order notice of which shall be ofviiiage.s published in The Saskatchewan Gazette: (a) sever any portion of a village and annex the same to any adjoining municipality; (h) annex to any village any outlying area adjacent to but not included within the limits of any city, town or village; (c) alter and adjust the boundaries of two or more coterminous or adjacent villages or rural munici- palities. 1919-20, c. 25, s. 19. Sd a^ustment ^^* ^^^ ^^® evcut of the boundaries of any village or rural 'a°timtion° municipality being altered in any manner as provided in of boundaries the uoxt preceding section the minister shall have power to make due provision for the settlement and adjustment of all matters arising out of such alteration including the disposition of the assets and liabilities of the municipalities affected ; and every decision of the minister with respect to any such settlement and adjustment shall be final and binding on all parties concerned. 1919-20, c. 25, s. 20. MISDESCRIPTION AND ERRORS IN DEFINING BOUNDARIES. ^'(r*e1-r"rr'°° ^^' "^^ Order purporting to be made under sections 16 in defining aiid 19 shall be deemed invalid on account of any non- compliance with any of the matters required by the said Act as preliminary to such order ; and no misnomer, inacccurate description or omission in any such order shall in any wise suspend or impair the operation of this Act with respect to the matter misdescribed or omitted. 1919-20, c. 25, s. 21. S?Slti^ ^*' ^^' -"^^y misdescription or other error in any order made order by the minister under the provisions of this Act may by any subsequent order be corrected and confirmed with such correction as of the date on which it was made by the minister, 1919-20, c. 25, s. 22. BOUNDARY LINES OF VILLAGES. ofTo^wnrhf 8 ^^* -^^^' ^^^® purpose of defining the boundaries of a village and sections municipality under this Act, those sides of road allowances for the L J ' 1 /• V purpose of qu which monumeuts or posts have been or may hereafter be this Act ^ ■' placed under a survey made or to be made pursuant to any statute of the Parliament of Canada governing the survey of Dominion lands, shall be the boundaries either of town- ships or of sections: VILLAGES Cap. 88 1487 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. 1919-20, c. 25, s. 23. PAKT II. i The Village Council. 84. The powers of every village under this Act shall be Powers exercisable by the council thereof. 1919-20, c. 25, s. 24. 25. The council of every village shall consist of three \'"^*f, councillors one of whom shall be elected annually by general vote of the electors of the village in the manner hereinafter provided. 1919-20, c. 25, s. 25. 26. Every person, male or female, shall be eligible for Quaiifioatjon nomination as councillor who is an elector residing in the village, has paid all taxes due by him as shown on the assessment roll of the village, and is a British subject. 1919-20, c. 25, s. 26. 27 (1) Subject to the provisions hereinafter contained J^nure of every member of the council shall hold office for three years. (2) The councillors elected at the first election shall hold office as follows : the councillor receiving the highest number of votes shall hold office for three years; the councillor receiving the next highest number of votes, for two years; and the councillor receiving the lowest number of votes, for one year. (3) In case there be no vote taken, the councillors elected shall hold office in the order in which they were nominated, for three years, two years and one year respectively. (4) If any two or more candidates receive an equal num- ber of votes, they shall respectively hold office in the manner provided in the next preceding subsection. (5) In case the first election is held at a date earlier than that prescribed for the regular annual elections by Part III hereof, the councillors then elected shall hold office to the end of the current calendar year, and for three years, two years and one year respectively afterwards, in accordance with the foregoing provisions. (6) Every member of the council shall hold office until his successor is elected. 1919-20, c. 25, s. 27. 1488 Cap. 88 VILLAGES Declaration of olEpe Deposit of declaration 28. — (1) Every member of the council and every officer of the village shall before entering upon the duties of his office make and subscribe a declaration of office to the fol- lowing effect 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 elected (or appointed as the case may he) and that I have not received any payment or reward or promise thereof for the exercise of any partiality or malver- sation 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 munici- pality except that arising out of a contract for the publication of any advertisement in a public newspaper, save and except that arising out of my office as (naming the office). { 2) The person making such declaration shall before entering upon the duties of his office deposit the same in the office of the secretary treasurer; provided that in the case <'f the councillors first elected the said declaration shall be handed to the chairman at the first meeting of the council N3 be afterwards deposited by him with the secretarv treas- 1919-20, c. 25, s. 28. nrer. N ame of village 39. The name of every village continued or organised under this Act shall be '"The Village of (naming the same).'' 1919-20, c. 25, s. 29. Change of Damp Change not to affect existing rights and obligations CHANGE OF NAME. 30. The minister may from time to time alter the name of any village upon the petition of the council and notice of such alteration shall be published in The Saskatchewan Gazette; and in such case the seal theretofore used by such villaire shall continue to be the seal thereof until changed by the council. 1919-20, c. 25, s. 30. 31. ISTo change in the name of any village made in nccordance with the provisions of section 30 shall affect ;iuy obligation, right, action or property incurred, established, done or acquirefl ])rior to snch change. 1919-20. c. 25. s. 31. Meetings of Council MEETINGS OF COUNCIL. 32. The first meeting of the council in each year following the organisation of the village shall be held on the first Monday in January except when that Monday 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 until the new council meets. 1919-20", c. 25, s. 32. VILLAGES Cap. 88 1489 33. The council shall at its first meeting elect a chairman Chairman who shall preside at all meetings of the council and the said chairman shall be styled overseer of the village. 1919-20. c. 25, s. 33. 34. The council may at any meeting at v/hich all the MeetiDgs members of the council are present decide by resolution to hold regular meetings of the council and such resolution shall state the day, hour and place of every such meeting and no notice of any such meeting shall be necessary. 1919-20. e. 25, s. 34. ' 35 ( 1) A special meeting of the council shall be called spec«ai - ' ^ 11' • 1 1 • meetings by the secretary treasurer when he is required so to do iii writing by any two 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 terms the nature of the business to be transacted thereat shall be delivered personally by the secretary treasurer to every member of the council or in case of the absence from the village of any member of the council to some adult person at the residence of such member. (2) No business other than that stated in the said notice shall be transacted at any special meeting of the council unless all the members of the council are present in which case by unanimous consent any other business may be trans- acted.' 1919-20, c. 25. s. 35! 36. The council may by unanimous consent waive notice ^e*j.ing*'|Bay of any special or other meeting at any time but every be waired member of the couneil must be present at such meeting. 1919-20, c. 25, s. 36. 37. Every meeting of the council shall be held in the P'^^'-f^ village. 1919-20, c.'25, s. 37. PROCEEDINGS AT MEETINGS. 38. Every council may make rules and regulations for Council may " . , -1 - make rules as governing its proceedings, calling meetings, the conduct of to procedure its members and generally for the transaction of its business provided that no such rule or regulation be contrary to law or the provisions of this Act. 1919-20, c. 25, s. 38. 39. A majority of the whole council shall be necessary Quorum to form a quorum and no business shall be transacted unless there be a quorum. 1919-20, c. 25, s. 39. 40. The overseer shall preside at every meetins: of the Overseer 1 '(• 1 ^ 1 fi presides council and he shall preserve order and enforce the rules of the council. 1919-20, c. 25, s. 40. 1490 Cap. 88 VILLAGES Chairman appointed in absence of overseer 41. In the absence of the overseer from any meeting another member of the council shall act as chairman and during puch meeting shall have the same authority as the overseer would have had. 1919-20, c. 25, s. 41. neeesTaly to ^^* ^^ '""^t or proceeding of any council shall be deemed validate valid Or binding: on any party which is not adopted at a proceedinga ~ ./it' i-i regular or special meeting of the council at which a quorum is present. 1919-20, c. 25, s. 42. Motions 43. Every matter shall be submitted to the council on the motion of the overseer or any member thereof and no seconder shall be required. 1919-20, c. 25, s. 43. Majority rote 44. At every meeting of the council all questions shall be decided by the majority of the votes and the overseer or chairman of the council, as the case may be, shall have the right to vote but in the case of an equality of votes the ques- tion shall be decided in the negative. 1919-20, c. 25, s. 44. Compulsory voting Meetings open to the public Public meeting of electors Overseer 45. The overseer when present and all the councillors present must vote in council on every division. 1919-20, c. 25, s. 45. 46. 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. 1919-20, c. 25, s. 46. ■ 47. If so requested at any time by the written petition of five electors the overseer shall by public notice conspicuously posted in at least three widely separated places in the village call a public meeting of the electors for the discussion of municipal affairs or of any matter relating thereto. 1919-20, c. 25, s. 47. OVERSEER. 48. The overseer shall be the chief executive officer of the village and it shall be his dutv to be vigilant and active in causing the laws governing the village to be duly executed, to inspect the conduct of all village 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 communi- cate from time to time to the council all such information and to recommend such measures as may tend to the better- ment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the village. 1919-20, c. 25, s. 48. VILLAGES Cap. 88 1491 VACANCIES. 49. Any councillor wishing to resign his seat in the conn- vacancies cil may do so at any .time by sending notice in writing of such resignation to the secretary treasurer and every such resig-nation shall take effect upon receipt of the notice thereof by the secretary treasurer, unless such notice specifies a future date at which it is to take effect, in which case it shall take effect upon such date and 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. 1919-20, c. 25, s. 49. 50. If after the election of any person as a member of ^^^*^'i^'^?|^'^^«d the council he is convicted of felony or becomes insolvent '^"t"" <=««« within the meaning of The Bankruptcy Act, or absents himself from the meetings of the council for three consecu- tive months without being authorised by a resolution of the council so to do the seat of such person in the council shall forthwith become vacant. 1919-20, c. 25, s. 50. 51. If a seat in the council becomes vacant by death, Jlacancies resignation or otherwise the council shall forthwith appoint a returnino; officer to hold an election to fill the vacancy for the unexpired term of the member whose seat has been vacated 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 !N"ovember in any year such election shall not take place. 1919-20, c. 25, s. 51. 53 — (1) The minister mav at anv time appoint some Minister may \ ■' <^ -J if-ii appoint person or persons to act in the room and stead of the three councillors. councillors, secretary treasurer and assessor of the village, and every such person so appointed shall have all the powers and authority conferred by this Act on a village council, secretary treasurer and assessor and shall be remunerated out of the funds of the village or otherwise as the minister determines. (2) Upon the appointment of any person as aforesaid the person or persons, as the case may be, previously elected as members of the council and in whose stead such appointment or appointments were made shall cease to hold office. 1919-20, c. 25, s. 52. DISOKGANISATION OF VILLAGE. 53. — (1) The minister may by order, notice of which pisorganisa- shall be published in The Saskatchewan Gazette, declare notice in '-- - , . , 1 .■>, ■.-., eazette that on and after a day therein to be named any village shall Vol. II.— 12. 1492 Cap. 88 VILLAGES Minister may appoint person to adjust assets and liabilities In case Uabilities exceed assets Minister may appoint more than one derson Disposal of unadjusted assets Collecting rillage taxes be disorganised and thereupon the same and the council thereof shall cease to have any of the rights, powers or privileges vested in villages by this Act. • (2) Upon any such disorganisation the minister may appoint a person to adjust and settle the assets and liabilities of the village; and the person so appointed may sell, dispose of and convert into money the assets and property of the village and apply the same so far as it will extend, first in payment of the liabilities of the village, and secondly in pay- ment of his own remuneration which shall be fixed by the minister and he shall transfer the surplus, if any, to the rural municipality within the boundary of which the village is situated. (3) In case the amount so realised is insufficient to satisfy the liabilities of the village and his remuneration, then such person may assess, levy, collect and enforce payment of the sum required to cover such indebtedness or any balance thereof remaining unpaid, and expenses, including his own remuneration, in the same manner as a council and its officers might assess, levy, collect and enforce payment of a rate under this Act. (4) The minister may at his discretion appoint more than one person to adjust the assets and liabilities of the village, and in such case the remuneration of all such persons shall be provided as herein above directed. (5) Any right or claim which the village may have at the date of disorganisation which has not been included as an asset and adjusted and transferred as provided for by sub- section (2) shall ipso facto belong to and vest in and may be recovered by and in the name of the rural municipality. (6) Upon disorganisation the rural municipality men- tioned in subsection (2) shall become entitled to collect out- standing taxes of the village, and for this purpose to take proceedings under The Arrears of Taxes Act and to con- tinue any proceedings under that Act already begun by the village. In all matters and proceedings under the said Act the municipality shall stand in the place and stead of the village, and the registrar of land titles in whose registra- tion district the village was situated shall, on production of a certificate of the Department of Municipal Affairs certify- ing to the disorganisation of the village, recognise the muni- cipality as representing the village and give effect to tax sale certificates, returns of lands sold and other documents issued by the secretary treasurer or other proper officials of the village, or in any way affecting the rights of the village, as if the rural municipality had been the original taxing authority and such documents had been issued by the proper official of such municipality, or as if the rights under said documents or affected by them were rights of such munici- pality. 1919-20, c. 25, s. 53. VILLAGES PAKT III. Cap. 88 1493 Elections. 54. Except as provided by section 27 there shall be held F^'e^t'o"* annually in every village an election for councillors which election shall be conducted at the time and in the manner hereinafter provided. 1919-20, c. 25, s. 54. 55. — (1) The secretary treasurer shall, on or before the '^'''^"' '"'* first day of November in each year prepare a list of all electors, and such list, vs^hich shall be in the form following, shall be known as 'The Village Voters' List" : Voters' List of the Village of for the year No. on list Name of voter Description of property Owner or occupant or resident husband or wife of such Chief resi- dent officorof corporation or resident husband or wife of such Assessed value (2) The council may cause copies of the said list to be printed in such quantities as it may deem advisable, and offered for sale at a fixed price. (3) Any amounts received from the sale of the village voters' list shall form a part of the funds of the village. 1919-20, c. 25, s. 55. 56. In preparing the said list, the secretary shall enter PartjcuUni in the appropriate columns of the form prescribed, the fol-ust lowing particulars, which shall be taken from the last revised assessment roll of the village : 1. The name of every person assessed and the husband or wife of any such person, if actually residing with such person in the village, arranged alphabetically according to their surnames; 2. A brief description of the land or other property for which each such person is assessed or qualified ; 3. The words "occupant," "owner," or "husband or wife of such," as the case may be; 1494 Cap. 88 VILLAGES 4. The assessed value of the property in respect of which each person is assessed; 5. The names of the chief resident officers of corporations who are not otherwise voters in the village, and the resident wives or husbands of such officers. 1919-20, c. 25, s. 56. Secretary's certificate 57. When the list has been prepared, as provided in sec- tions 55 and 56, the secretary shall, immediately after the last name on the list, write the words "certified correct,'' followed by his signature and the date on which such certifi- cate is made, which date shall not be later than the first day of JSTovember as aforesaid. 1919-20, c. 25, s. 57. List to be po3ted Correction of errors Offences and penalty 58. — (1) The secretary 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. (2) The secretary shall also post up a copy of such list in the post office. 1919-20, c. 25, s. 58. 59. — (1) In case through inadvertence or otherwise any mistake, error, wrongful entrv or omission has been made in the said original list or copy, it shall be the duty of the secretary, subject to subsection (2), upon being notified in writing of such mistake, wrongful entry or omission, to revise the list accordingly. (2) ]^o such revision shall be made except for the pur- pose of correcting the spelling of names, unless notification is received by the secretary at least seven clear days prior to the date fixed for the annual election, and unless in case of a person assessed as owner or occupant, the last revised roll of the municipality when compared with the said list shows the latter to be inaccurate or incomplete in the manner com- plained of in the said notification. (3) Every revision of the original list or of the copy, by way of alteration, correction or addition, shall have placed opposite it the date of such revision and the initials of the secretary. 1919-20, c. 25, s. 59.. 60. Any secretary who: id) refuses or neglects to prepare the said list as herein provided; or (6) neglects or fails to enter on the said list the name of any person whose name appears on the last revised assessment roll of the village or whom he knows to be otherwise entitled to be placed on the said list; or (c) neglects or fails to enter on the said list any other particular as provided herein; or VILLAGES Cap. 88 1495 (d) enters on the said list the name of any person whose name does not appear on the said roll and who is not qualified as a resident husband or wife ; or (e) refuses, fails or neglects to revise the said list in any particular as herein provided; shall, for each such refusal, neglect or failure, be guilty of an oiTence and liable on summary conviction to a fine not exceeding $50. 1919-20, c. 25, s. 60. MEETINGS FOR NOMIISrATlON OF COUNCIL 61. The nomination meeting for the first election of fo^'nlst *'"'° members of a village council shall be held at a time and «'«*'*'°'' place and on a day fixed by the minister. 1919-20, c. 25, s. 61. 63. In the case of annual elections the council shall by Anmia^^ resolution at least two weeks prior to the last Monday of IN'ovember in each year: (a) name a place for holding the nomination meeting; (&) appoint a returning officer who shall be an elector residing in the village ; (c) name a polling place which shall be within the village. 1919-20, c. 25, s. 62. 63. Every annual meeting called for the nomination of meeting members of a council shall be held from one o'clock to two o'clock in the afternoon (mountain standard time) of the first Monday of December in each year. 1919-20, c. 25, s. 63. OATHS OF OFFICE. 64. Every returning officer, poll clerk, constable or other Exertion officer appointed to act at an election shall before entering oaths upon their respective duties take and subscribe before any person authorised to administer oaths within the province the following oath: Form of Oath. Canada : 1 Province of Saskatchewan, » To wit : I, of , in the Province of Saskatchewan, (occupation) do swear that I will not at any time disclose to any one the name of any person who has voted at the election to be held in the village of on the day of 19 ; and that I will 1496 Cap. 88 VILLAGES not unlawfully attempt to ascertain the candidate or candi- dates 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 1 in the Province of Saskatche- }■ wan this day of 19 .! A J. P., N.P., or Commr. for Oaths. 1919-20, c. 25, s. 64. Notice o \ meeting 65. — (1) It shall be the duty of the returning ofEcer at least seven clear days prior to the date fixed for the nomina- tion 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. Village of Municipal Elections 19 Public notice is hereby given that a meeting of the electors of the village of will be held at (description of place) on {day of iveeh) the day of 19 , from one o'clock to two o'clock in the afternoon (mountain standard time) for the purpose of nomi- nating candidates for election to the council of the said village. Given under my hand and seal at this dav of • 19 . Proceedings »t nomination ineetingK Returning Officer. (2) Every such notice shall be posted in at least three widely separated conspicuous places in the village and in case there is a post office in the village a copy of the said notice shall be conspicuously posted therein. 1919-20, c. 25, s. 65. proceedings at nomination meetings. 66. At the time and place named in the notice the return- ing officer shall declare the meeting open for the purpose of receiving nominations of persons to serve as councillors for the village and the meeting shall remain open from one until two o'clock in the afternoon (mountain standard time) when if the number of persons nominated to serve as councillors does not exceed the number required to be elected the return- ing officer shall declare the persons so nominated duly elected. 1919-20, c. 25, s. 66. VILLAGES Cap. 88 1497 67. Every nomination shall be in writing in the form Form of following and shall be signed by at least two electors of the p^perT*'"' Tillage : JSToMiNATiON Paper. "We, the undersigned electors of the villasre of , Hereby noiiunale {naine, residence arid, occupation of the person nominated) as a candidate at the election now about to be held of councillors for the said village. Witness our hands this day of 19 . 1919-20, c. 25, s. 67. Signatures of Electors. 68. — (1) Every such nomination to be valid shall also be Candidate's accompanied by a written statement signed by the person **^"^'^*°*'^ nominated to the effect that he is eligible for election and that he will accept ofBce if elected. (2) An acceptance of office shall be in the following Form of form: acceptanc Candidate's Acceptance. I, the said named in the foregoing nomination, hereby state: 1. That I am of the full age of twenty-one years ; 2. That I am an elector residing in the village of ; 3. That all taxes due by me as shown by the assessment roll of the said village are paid ; 4. That I am a British subject ; 5. That I am not otherwise disqualified; 6. That I will accept the office if elected. Signed in the presence of Signature of Witness. Signature of Candidate. (3) Any person signing the candidate's acceptance who therein makes any false statement, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 and costs; and in case such person has been elected a member of the council, his seat shall forthwith become vacant. 1919-20, c. 25, s. 68. 1498 Cap. 88 VILLAGES Declaration of poll 69. In the event of more than the required number of persons 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 week following) and the place where the votes are to be polled and also the time and place at which the result of the polling will be declared. 1919-20, c. 25, s. 69. Withdrawal of candidate 70. Any candidate nominated may withdraw at any time within forty-eight hours after the close of the nomination meeting by filing with the returning officer a declaration in writing to that effect signed in the presence of two witnesses or the returnino- officer. 1919-20, c. 25, s. 70. Abandonment 7j^ j£ |^^ reasou 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 the polling shall not take place but the returning officer shall forthwith declare the persons nominated to be elected and post up a notice in the following form: ISTOTICE. Village of . Municipal Elections 19 Whereas , nominated for the office of councillor has withdrawn his candidature for the said office, leaving the only candidates for election to the council of the said village I hereby give notice that no voting for the said office will take place on the day of {date of 'polling). Given under my hand at this day of 19 . Retwning Officer 1919-20, c. 25, s. 71. Time of poll TIME AND NOTICE OF POLL. 73. Whenever a poll is required to be taken for the elec- tion of councillors it 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 poll shall be open from the hour of ten o'clock in the forenoon to four o'clock in the afternoon (mountain standard time) : Provided that in the village of North Kegina the poll shall be open from the hour of ten o'clock in the forenoon to eight o'clock in the afternoon (mountain standard time). 1919- 20, c. 25, s. 72. VILLAGES Cap. 88 1499 73. l^otice of every such poll required to be taken shall ^„°,f^^ °^ without any unreasonable delay after the nomination be posted up by the returning officer in the manner provided by section G5, and every such notice shall be in the form follow- ing: Notice of Poll, Village of . Municipal Elections 19 . Public notice is hereby given that a poll has been granted for the election of councillors for the said village for the year 19 and the polling will take place on {day of week) the day of 19 from ten o'clock in the forenoon to four o'clock in the afternoon (mountain standard time) at {specify polling place) and that I will at {describe the place) on {day of iveel-) the day of 19 at noon sum up the votes and declare the results of the election. Given under my hand at this day of 19 . Returning Officer. 1919-20, c. 25, s. 73. PREPARATIONS FOR POLL. t4. In the case of the first election held in every village Polling place the returning officer shall if a poll is to be taken secure a suitable polling place which place shall be within the village. 1919-20, c. 25, s. 74. 75. If so authorised by the council the returning officer poii clerk may appoint a poll clerk who in the absence of the returning officer for any cause shall have all the powers of the said returning officer. 1919-20, c. 25, s. 75. 76. The returning officer shall procure a suitable ballot Baiiot box box to be made of some dry durable material and such box shall be provided with a lock and key and shall be so con- structed that the ballot papers can be deposited therein and cannot be withdrawn therefrom unless the box is unlocked. 1919-20, c. 25, s. 76. 77. The returning officer shall also cause to be printed or Baiiot papers prepared a supply of ballot papers sufficient for the purposes of the election. 1919-20, c. 25, s. 77. 78. The ballot papers shall be either printed or written papers either or partly printed and partly written. 1919-20, c. 25, s. 78. pHnted**" 1500 Cap. 88 VILLAGES Form o ) ballot papers T9. The ballot papers shall contain the names of the candidates duly nominated arranged alphabetically in the order of their surnames and shall be in the following form: Village of Directions for guidance of voters Councillors. Black, William Foster, Henry Smith, Mary 1919-20, c. 25, s. 79. 80.— (1) The returning officer shall before the opening of the poll cause to be prepared such number of printed or written directions for the guidance of voters in voting as he may deem sufficient. (2) Such directions shall be according to the following form: Directions foe the Guidance of Voters in Voting. The voter will 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 will fold up the ballot paper so as to show the initials of the returning officer signed on the back and leaving the compartment will without showing the front of the ballot 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 give him another ballot paper. If the voter votes for more or less candidates 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 the 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. 1919-20, c. 25, s. 80. VILLAGES Cap. 88 1501 PEOCEEDINGS A'l I'OLL. 81. On the day fixed for the taking of the poll the Pre.sence of returning officer shall be present at the polling booth at least ofiVce?"'* fifteen minutes before the time fixed for opening the poll. 1919-20, c. 25, s. 81. 82. The polling booth shall be furnished with a com- voting com- partment which may be arranged by hanging a screen in which the voters can mark their ballot papers without being seen and it shall be the duty of the returning officer to see that such compartment is provided. 1919-20; c. 25, s. 82. 83. The returning officer shall before the opening of the P"^*ting up 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 80. 1919-20. c."^25. s. 83. 84. The secretary treasurer shall prior to every election Secretary deliver to the returning officer the last revised voters' list detwera last of the village and furnish him with at least two copies of usl'to retw^ section 129 and it shall be the duty of the returning officer "'- "*^"=" to post the same in conspicuous places at the polling place and to see that they are kept so posted up during the hours of polling. 1919-20, c. 25, s. 84. 85. The returning officer shall also keep or if there be a pou book poll clerk require such poll clerk to keep 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 the Village of held this day of election of councillors. Record of Election 19 for the Name of voter His No. on voters' list Voted Sworn or refused to swear Remarks 1919-20, c. 25, s. 85. 86. Any person producing to the returning officer written Agenta of authority from a candidate to represent him as agent at the *'^"'^"'*'*" polling place shall be recognised a^ such by the returning 1502 Cap. 88 VILLAGES Persons entitled to be present in polling booth Opening of Upo Who may vote Chief resident officer voting by 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. 1919-20, c. 25, s. 86. 87. The persons entitled to be present at any one time in any polling booth during the hours of polling shall be the returning officer, the poll clerk and the candidates and not more than two agents of each such candidate and one voter. 1919-20, c. 25, s. 87. 88. At the time fixed for the opening of the poll the returning officer shall declare the poll open and announce that he is prepared to receive votes for the candidates nominated. 1919-20, c. 25, s. 88. 89. — (1) The persons entitled to vote for councillors shall be the electors of the village. (2) In the case of every election every voter shall be entitled to and shall vote once only for the full number of persons to be elected thereat and any ballot paper containing votes for more or less than such number shall be rejected. 1919-20, c. 25, s. 89. 90 d) The chief resident officer of a corporation, for example, the manager of a bank, the operator of a grain elevator, or the managing director of a company who is not otherwise a voter in the village may have his name entered on the voters' list and may vote in respect of the property of the corporation which he represents. (2) The secretary treasurer may before entering the name of any such officer on the voters' list require him to make and subscribe the following statement in the form of a statutory declaration : I am the chief resident officer of the (naming the corpo- ration) and as such desire to have my name entered on the voters' list for the village of in respect of the property of said corporation situated therein. (3) Such officer on tendering his vote may be required by the returning officer or by any elector present in the polling booth to make, before his vote is recorded, the fol- lowing oath or affirmation or any part thereof: That you are the chief resident officer of the (naming the corporation) ; That you are according to law entitled to vote as chief resident officer of the said corporation ; That llie said corporation is the corporation named (or intended to be named) in the voters' list (showing the voters' list to the voter) ; VILLAGES Cap. 88 1503 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 bylaw 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. (4) ]^o inquiry shall be made of any voter except with respect to the facts specified in the oath or affirmation. 1919-20, c. 25, s. 90. 91 — (1) In the case of every election held prior to the Fy^'-j^^ completion of the first revised voters' list of the village every person, other than the chief officer of a corporation, who presents himself for the purpose of voting shall be required before he is handed a ballot paper to sign a declaration in the form following and the returning officer 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. Declaeation of Electors. Made this daV of 19 , Declaration '' ' of electors The undersigned severally declare each for himself: 1. That he is of the full age of twenty-one years; 2. That for a period of two months immediately prior to this election he has been the owner or occupant of assessable property in the village, a description of which is set opposite his name. Name Property voted on or 1. That she {or he) is the wife (or husband) of is of the full age of twenty-one years and is actually residing with him {or her) in the village of 1504 Cap. 88 VILLAGES Affirmation of chief resident DfBoer Penalty for false »*atenneut , and that she (or he) has so resided for two months immediately prior to this election; 2. That during the whole of the said two months the said has been the owner or occupant of assessable property in the said village, a description of which is set opposite his {or her) name. Name Property voted on ' ) (2) The chief resident officer of a corporation shall before his vote is recorded make an affirmation in the following form: 1. That he is the chief resident officer of the (naming the corporatioii) ; 2. That he is according to law entitled to vote as chief resident officer of the said corporation. (3) Any person, subscribing to any of the above declara- tions, who thereby . makes a false statement shall be guilty of an oifence and liable on summary conviction to a penalty not exceeding $20. 1919-20, c. 25, s. 91. Kleotions iubseqiient to the com- pletion of roters' list 92. — (1) In the case of every election held subsequently to the completion of the first revised voters' list of the village the 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 said list ; and the returning officer or poll clerk shall record in the poll book the name of each such person. (2) The returning officer shall not permit any person to vote whose name does not appear on the said list. 1919-20, c. 2.5, s. 92. Procedure on Toting Oath of voter 1)3. Before a ballot paper or papers is handed by the returning officer to any voter he shall ask if there is any objection to allowing the person before him to vote and in case any candidate or his agent objects it shall be the duty of the returning officer to administer to such person 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 voters' list to the voter) ; that you are of the full age of twenty-one years ; that you have not voted before at this election ; that you have not directly or indirectly VILLAGES Cap. 88 1606 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 service connected with this election; that you have not directly or indirectly paid or promised any- thing to any person either to induce him to vote or to refrain from voting at this election. So help you God, 1919-20, c. 25, s. 93. 94. If the voter takes the said oath the returning officer p'**V* or poll clerk shall enter opposite such person's name in the proper column of the poll book the word "sworn" or "affirmed" according to the fact. 1919-20, c. 25, s. 94. 95. Whenever a voter is required to take the said oath Refusal to and he refuses to do so the returning officer or poll clerk shall enter opposite the name of such person in the proper column of the poll book the words "refused to swear" and such person shall not be allowed to vote but shall be required to immediately leave the polling booth and shall not be allowed to again enter the same on the day of election for any purpose whatever. 1919-20, c. 25, s. 95. 96. When the proper entries respecting a person who Baiiot pape? presents himself to vote have been made in the poll book in '°' ' the manner hereinbefore provided the returning officer shall in the presence of the candidate or his agent if present sign his initials on the back of the ballot paper to which such person is entitled and hand the same to him. 1919-20, c. 25, s. 96. 97. Every returning officer who refuses or wilfully omits pmission i» to sign his initials upon the back of any ballot paper as provided for by section 96 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 polling place upon which the said returning officer has not signed his initials as aforesaid. 1919-20, e. 25, s. 97. 98. The returning officer may and upon request shall Explanation either personally or through his poll clerk explain to the votTng *" voter as concisely as possible the proper method of voting. 1919-20, e. 25, s. 98. 99. In the case of a voter who is incapacitated by blind- inability. ness or other physical cause from marking his ballot paper bau'ot**™*' the returning officer shall in plain view of the candidates or their agents cause the vote of such person to be marked 1506 Cap. 88 VILLAGES on a ballot paper or papers for the candidates directed by such person and shall cause the ballot paper to be deposited in the ballot box. 1919-20, c. 25, s. 99. piTrawiting l^O. An J pcrson who votes of toner than he is entitled to do under the provisions of this Act shall incur a penalty of $50. 1919-20, c. 25, s. 100. Evidence of votins Mark ins of ballot paper Entry in poll book 101. The receipt by any voter of a ballot paper within the polling booth shall be 'prima facie evidence that ho has there and then voted. 1919-20, c. 25, s. 101. 103. — (1) Upon receiving the ballot paper prepared as aforesaid the voter shall forthwith proceed into the com- partment provided for the purpose and shall then and there mark his ballot paper in the manner mentioned in the directions contained in section 80 by placing a cross (thus X) on the right hand side opposite the name of any candidate for whom he desires to vote or at any place within the division which contains the name of the candidate, he shall then fold the l>allot 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 leaving the compartment shall without showing the front to anyone or so displaying the ballot paper as to make known to any person the names of the candidates for whom he has or has not marked his ballot paper deliver the ballot paper so folded to the returning officer 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 verify his own initials and at once deposit the paper in the ballot box in the presence of all persons entitled to be present in the polling plnce; and the voter shall forthwith leave the polling, place. (2) Whenever the ballot paper of a voter has been depos' ited in the ballot box as provided by subsection (1) the returning officer or poll clerk shall enter in the poll book in the proper column after the voter's name the word "voted." 1919-20, c. 25. s. 102. Secrecy of rotes Ballot received but not used 103. 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 ho can observe the mode in which the voter marks his l^allot paper. 1919-20, c. 25, s. 103. 104. Tvo jicrson who has received a ballot paper shall take the same out of the polling place and any person having so received a ballot paper who leaves the polling place with- out first delivering the same to the returning officer in the manner prescribed shall thereby forfeit his right to vote; VILLAGES Cap. 88 1507 and the said officer shall make an entry in the poll book in the column 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 "refused" upon such ballot paper and shall preserve the same. 1919-20, c. 25, s. 104. 105. A person claiming to be entitled to vote who has Paiiots inadvertently dealt with his ballot paper in such a manner V.nii.g that it cannot be conveniently used as a ballot paper may on delivering to the returning officer the ballot paper so inadvertently dealt wdth receive another ballot paper in the place of the ballot paper so delivered up ; and the said officer • shall immediately write the word "cancelled" upon the ballot paper so delivered to him and shall preserve the same. 1919-20, c. 25, s. 105.' PKOCEEDINGS AT CLOSE OF POLL, 106. Immediately at the hour of four o'clock in the ciose of afternoon (mountain standard time) and in the case of the ^° village of JSTorth Regina at the hour of eight o'clock in the afternoon (mountain standard time) the returning officer shall declare the poll closed: Provided that in case when the poll is so closed there is a voter in the polling booth who desires to vote he shall be permitted to do so but no other voter shall be allowed to enter the polling booth for this purpose. 1919-20, c. 25, s. 106. 107. Immediately after the close of the poll the returning Procedure officer shall in the presence of the poll clerk, if any, and of poii such of the candidates or of their agents as may then be present open the ballot box and proceed as follows: 1. He shall examine the ballot papers individually and any ballot paper which is not initialed as herein provided or on which more or less than the required number of votes is given or on which anything 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 therein- be identified shall not be counted but shall be set aside as rejected ; 2. The returning officer shall take notice of any objection made by a candidate or his agent or any elector authorised to be present to any ballot paper found in the ballot box and shall decide any question arising out of the objection; 3. The returning officer shall then count up the votes given for each candidate upon the ballot papers not rejected as aforesaid and shall enter in the poll book a written state- m?nt in words as well as in fiffu^es of the number of votes 1508 Cap. 88 VILLAGES Statement by returning officer Declaration of election given for each candidate and of the number of ballot papers rejected and not counted by him which statement shall be made under the followino' heads: (a) the date of election; ,' (b) the number of persons who voted; (c) the number of votes for each candidate; (d) the number of rejected ballot papers; 4. Upon the completion of the written statement it shall be signed by the returning officer, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign such statement; 5. The returning officer upon being requested so to do shall deliver to each of the persons authorised to attend at the polling place a certificate of the number of votes given for each candidate and of the number of rejected ballot papers; 6. The returning officer shall then in the presence of the candidates or their agents or such of them as may be present make up into separate packets which shall be sealed and marked upon the outside with a short statement of their contents : (a) the ballot papers counted; (5) the ballot papers rejected; (c) the unused and cancelled ballot papers; 7. The returning officer shall then place all the said packets in the ballot box which shall be sealed with his seal and with the seals of such candidates or agents of candidates as desire to affix their seals. 1919-20, c. 25, s. 107. 108. Before leaving the polling booth the returning officer shall enter in the poll book the following statement which shall be signed by him in the presence of the poll clerk, if any, or some other witness: I , returning officer, hereby declare that to the best of my knowledge and belief I have conducted the election held by me on this date in the manner provided by law and that the entries required by law to be made in the poll book have been correctly made. Dated this day of 19 . Witness. 1919-20, c. 25, s. 108. Returning Officer. 109. At twelve o'clock noon on the day and at the place previously appointed by him for the purpose the returning officer shall publicly declare to be elected the candidate or VILLAGES Cap. 88 1509 candidates having the highest number of votes and he shall also publicly declare the number of votes polled for each candidate. 1919-20, c. 25, s. 109. 110. In case it appears upon the casting up of the votes l^liy'"^ as aforesaid that two or more candidates have an equal k'vm «aati»« number of votes the returning officer shall at the time when he declares the result of the poll give a casting vote so as to decide the election and except in such case no returning officer shall vote at any election. 1919-20, c. 25, s. 110. 111. Forthwith after the election the returning officer Return by f 1 Ml T- returning ghall transmit to the secretary treasurer of the village tne officer to sealed ballot box and poll book used in the election and treasuTar thereafter the said secretary treasurer shall be responsible for their safe keeping and for their delivery when needed. 1919-20, c. 25, s. 111. 113. The secretary treasurer shall unless otherwise Desiructiom ordered by the judge retain for one month the said ballot " box with its seals unbroken and shall then unless otherwise ordered as aforesaid cause the ballot box to be opened and the packets therein to be destroyed in the presence of two witnesses. 1919-20, c. 25, s. 112. 113. No person shall be allowed to inspect any ballot Jn.peotio- papers in the custody of the secretary treasurer of a village except under order of the judge to be granted by him upon satisfactory evidence on oath that the inspection or produc- tion 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 under The Contro- verted Municipal Elections Act to contest an election or return; and any order for the inspection or production of ballot papers shall be obeyed by the said secretary treasurer. 1919-20, c. 25, s. 113. 114. The order shall state the time and place for inspect- 9j^^^l^ ing such papers and shall name the persons to be present at such inspection and shall be made subject to such conditions as the judge thinks expedient. 1919-20, c. 25, s. 114. KECOUNT. 115. If at any time within fourteen days from the time |^^<^°^°* of the returning officer's declaration as aforesaid it is on ordered the affidavit of a credible person made to appear to the judge that any returning officer in counting 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 in writing to be given to the candidate 510 Cap. 88 VILLAGES / 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 treasurer of the village whose duty it shall be to be present at the recount with the sealed ballot box and poll book used at the election. 1919-20, c, 25, s. 115, Deposit 116. At the time of the application for a recount the 01 sGcurity applicant shall deposit with the clerk of the district 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 an order of the judge. 1919-20, c. 25. s. 116. Persons 117. The ludgc, the clerk of the court, the secretary entitled to bo /. i .n i t i i i • present trcasurer of the village and each candidate and his agent or solicitor notified to attend the recount of votes and repre- sentatives 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. 1919-20, c. 25, s. 117. fe'o°o°unt"'^* "" 118. At the time and place appointed and in the presence of those notified or entitled to attend as provided by section 117 the judge shall proceed to recount all the ballot papers received by the returning officer as having been given in the election complained of and he shall proceed with such recount as follows: 1. He shall examine singly and in the presence of those entitled to be present all ballot papers counted or rejected by the returning officer, as the case may be, and during the course of such examination shall keep a tally or count of votes cast for each candidate and he shall reject as void and shall not count: (a) any ballot paper which is not initialed as herein provided ; (&) any ballot paper on which more or less than the proper number of votes are given ; (c) any ballot paper on which anything except the initials of the 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 otherwise dealt with by the voter so that he can thereby be identified ; but except as hereinbefore otherwise provided, no word or mark written or made or omitted to be written or made by the returning officer on a ballot paper shall affect the vote; 2. The judge shall take notice of any objection made by a candidate 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 ; VILLAGES Cap. 88 1511 3. When the ballot papers have all been so examined and counted the judge shall forthwith sum up and announce the number of votes which he has allowed for each candidate and he shall there and then declare elected the candidate or candi- dates to the required number having the highest number of votes ; 4. In case any two or more candidates for the same office have been allowed by the judge the same number of votes he shall write the names of such candidates separately on blank pieces of paper and after folding the same in such 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 ; 5. The judge shall then make and transmit forthwith to the secretary treasurer of the village a written statement of the result of the recount and every such written statement shall show : (a) the names of the candidates; (h) the number of votes allowed for each candidate; (c) the number of ballot papers rejected ; (d) the names of the candidates declared elected. 1919-20, c. 25, s. 118. 119. ISTothing in section 118 contained shall prevent o^" ^^"".gg^jj"""' affect any remedy which any person may have under the preserved provisions of any Act by proceedings in the nature of quo warranto or otherwise. 1919-20, c. 25, s. 119. 120. All costs, charges and expenses of and incidental to Costs an application for a recount and to the proceedings conse- quent thereon shall be defrayed by the parties to the applica- tion 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, unfounded allegations or unfounded objections on the part either of the applicant or the respon- dent. 1919-20, c. 25, s. 120. 121. The costs shall be on the district court scale and may Scaie of costs 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. 1919-20, c. 25, s. 121. 123. The payment of any costs ordered by the judge to be Execution paid may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which costs were taxed and an aSidavit of the nonpayment thereof. 1919-20, c. 25, s. 122. 1512 Cap. 88 VILLAGES GENERAL PROVISIONS. ?porecy of votes in legal proceedings Candidate may act for or assist bis ftgent Nouatteuiianoe •f agent? Errors not affecting results SlectioB expenses Coniestinii elections Offence* 123. No person who has voted at an election shall in anj legal proceedings to question the election or return or other- wise relating thereto be required to state for whom he has voted. 1919-20, c. 25, s. 123. 124. 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 authorised to attend. 1919-20, c. 25, s. 124. 125. When in this Act expressions are used requiring or authorising any act or thing to be done or implying that any act or thing is to be done in the presence of such agents aa are authorised to attend and as have in fact attended at the time and place where such act or thing is done the nonattend- ance of any agent at such time and place shall not invalidate it. 1919-20," c. 25, s. 125. 126. 1^0 elections shall be declared invalid by reason of a noncompliance with the provisions of this Act as to the hold- ing of the poll 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 irregularity if it appears to the tri- bunal having cognisance 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. 1919- 20, c. 25, s. 126. 127. All reasonable expenses incurred at any election under this Act shall be paid out of the funds of the village upon the production of proper accounts verified in such man- ner as the council may direct. 1919-20, c. 25, s. 127. 128. All proceedings for contesting in any way an elec- tion or the voting on any bylaw under this Act shall be taken under the provisions of The Controverted Municipal Elec- tions Act. 1919-20, c. 25, s. 128. 129 (1) No person shall: (a) without due authority supply any ballot paper to any person; or (6) fraudulently put into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or (c) fraudulently take out of the polling place any ballot . paper; or VILLAGES Cap. 88 1613 (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 an 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 so to do; but this provision shall not be construed as including a person who applies for a ballot paper believing he is the person intended by the name entered on the assessment roll in respect of which he so applies; or (/) having voted once apply again at the same election for a ballot paper in his own name or advise or abet, counsel or procure any other person so to do. (2) IvTo person shall attempt to commit any offence speci- fied in this section. (3) A person guilty of any violation of this section shall ^''""^'*'' be liable if he is the 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. 1919-20, c. 25, s. 129. 130. — (1) Every officer, clerk and agent in attendance at ^^"otmg a polling place shall maintain and aid in maintaining the secrecy of the voting at the polling place. (2) No officer, 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 candi- dates for whom any voter at such polling place is about to vote or has voted. (3) Every officer, 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 communicate any information at such counting as to the candidate or candidates for whom any vote is given. (4) 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. (5) Every person who acts in contravention of this sec- Penaity^for^^ tion shall be liable on summary conviction before a justice of the peace to imprisonment for any term not exceeding six months with or without hard labour. 1919-20, c. 25, s. 130. 1514 Cap. 88 VILLAGES rffi°talr^ ^"^ 131. Every returning officer or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in con- travention of sections 54 to 130 shall in addition to any other penalty or liability to which he may be subject forfeit to any person aggrieved by such misfeasance, act or omission a penal sum of $200. 1919-20, c. 25, s. 131. fumiahed'to" 133. Where a portion of a village is comprised within fnertafn"^ a towu school district the secretary treasurer of the village °^^^^ shall, on or before the fifteenth day of I^ovember in each year, furnish the city clerk or the town clerk, as the case may be, with a list of the persons qualified to vote in such portion, certified to be correct and distinguishing between public and separate school supporters. 1919-20, c. 25, s. 132. PART IV. Municipal Officials. APPOINTMENT. Secretary treasurer and assessor 133. The council shall at its first meeting; after the erection of the village or so soon thereafter as practicable, appoint a secretary treasurer and an assessor who may be the secretary treasurer. 1919-20, c. 25, s. 133. Other offitiala 134. Every council may also appoint from time to time such other officers as it deems necessary or expedient for the purpose of carrying into efi^ect the provisions of this Act or any bylaw of the village and may fix the remuneration of any such officer. 1919-20, c. 25, s. 134. Councillor not eligible 135. A councillor is not eligible to be appointed to any municipal office. 1919-20, c. 25, s. 135. Appointn.piits 136. The council shall not make any appointment to not made ^^ <• i t i /• i i • by tender oince Or auy arrangement lor the discharge of the duties of any municipal office by tender or by application at the lowest remuneration. 1919-20, c. 25, s. 136. Tenure of office 137. All officers appointed by the council shall hold office during the pleasure of the council and in accordance with the terms expressed in the resolution by which they are appointed ; 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. 1919-20, c. 25, s. 137. VILLAGES Cap. 88 1515 SECURITY. 138. In addition to defining the duties of any officer tlieSSi^^'' council may require him to give such security as the council 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 overseer and shall be laid by him before the council. 1919-20, c. 25, s. 138. 139 — (1) The secretary treasurer shall before entering ^SW"^ upon his duties give security to the council by a bond or^f^^^*,^^^ policy of guarantee of any" corporation empowered to grant securities, bonds or policies within the province for the integrity and faithful accounting of public officers or servants or persons occupying positions of trust and such security shall be for such an amount as the council deems expedient and 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 liabwor security shall be jointly and severally liable for any default ''^^''"''' of the secretary treasurer to the extent of the sum or 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 coun- cillor shall be relieved from all personal liability in case of the default of such officer. 1919-20, c. 25, s. 139. . 140. Every officer, servant or agent of the village shall SS^ ° be personally liable for any damage arising from his acts or ^"^^''t^- «*«• 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 bylaws of the council in addition to any penalties otherwise imposed for the said acts or defaults. 1919-20, c. 25, s. 140. SECEETAEY TREASURER. 141. It shall be the duty of the secretary treasurer: °"*'«« 1. To keep a full and correct record of the proceedings of every meeting of the council in 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 overseer 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; 3. To transcribe into a special book to be provided for the purpose a true and correct copy of every bylaw passed by the council which copy may be either written or printed or partly written and partly printed and to prepare a proper index for such bvlaws; 1616 Cap. 88 VILLAGES Financial rear Receipts for taxes 4. To take charge of and keep on record all books, papers, accounts, voters' lists, assessment rolls, plans, maps and correspondence committed to his charge by the council dur- ing his term of office and to deliver the same to his successor or such other person as the council may direct on his ceasing to hold office; 5. To prepare and transmit to the minister such state- ments and reports and such other information in regard to the village as may from time to time be required by the minister and in such form as he may direct ; 6. To receive and safely keep all moneys belonging to the village from whatever source derived; 7. To deposit daily or as often as the council may direct in some chartered bank designated by the council all moneys received by him; 8. To submit all accounts and charges against the village which he receives for the consideration of the council; 9. To pay all accounts against the village only when they have been passed by the council and certified by the overseer or other presiding officer; 10. To make all payments on behalf of the village by cheque on the chartered bank in which all the moneys of the village are deposited; and every such cheque in addition to being signed by the secretary treasurer shall be countersigned by the overseer; 11. To give and take receipts for all the moneys of the village received and disbursed and to keep on file all vouch- ers of expenditure; 12. 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 village; 13. To submit to the council at each of its regular meet- ings or whenever required so to do by the council a balance sheet showing the financial standing of the village; 14. To produce when called for by the council, auditor, inspector or other competent authority all books, vouchers, papers and moneys belonging to the village and to hand over the same to his successor or such person as the council may direct on his ceasing to hold office. 1919-20, c. 25, s. 141. 143. The financial year of the village shall commence on the first day of January and close on the thirty-first day of December in each year. 1919-20, c. 25, s. 142. 143. — (1) All receipts for taxes and for other moneys receivable by a village shall be in such form as may be prescribed by the minister and shall bear a facsimile of the VILLAGES Cap. 88 1617 signature of the Deputy Minister of Municipal Affairs printed or engraved thereon, and shall also bear the name of the person or firm printing same with the words "approved by the Department of Municipal Affairs." (2) No person or firm shall print, publish or sell blank receipts intended for use by a village in any other form than that prescribed by the minister. (3) No person or firm shall print, publish or sell blank receipts in the form prescribed by the minister without having first received the written authority of the minister 80 to do. (4) Any person or firm printing, publishing or selling blank receipts intended for use by a village, contrary to the provisions of this Act, shall be guilty of an offence and liable on summary conviction to a penalty of not less than $10 nor more than $100. (5) Any secretary treasurer issuing a receipt for moneys paid to him for the village in any form other than that pre- scribed by the minister shall be guilty of an offence and liable on summary conviction to a penalty of not less than $25 nor more than $100. 1919-20, c. 25, s. 143. AUDITOK. 144. The council shall before the first day of November ^^pp^^*^*"* in each year appoint an auditor but no one who then or dur- ing the preceding year is or was a member of the council or is or was secretary treasurer or who has directly or indirectly any share or interest in any contract made by the village or who is employed by the village in any capacity except that of auditor shall be appointed ; the council may appoint any incorporated company or partnership as auditor. 1919-20, c. 25, s. 144. 145 (1) On or before the fifteenth day of N'o^^ember Abstracts^of in each year the auditor shall prepare in such form as the expenditures minister may direct an abstract of the receipts, expenditures, assets and liabilities of the village up to the preceding thirty- first day of October including a statement showing the total amount of debentures authorised to be issued, those actually sold or otherwise disposed of and those remaining on hand. (2) The secretary treasurer on or before the first day of December of each year shall mail a copy of such abstract to the minister and every elector of the village. (3) 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 village for the financial year ending on the thirty-first day of December of the preceding year including a state- 1518 Cap. 88 villages ment showing tlie total amount of debentures authorised 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 expendi- tures made contrary to law ; he shall deliver the said abstract and report to the overseer 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 news- paper published in the village, 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. (4) A copy of such abstract and report shall be kept in the office of the secretary treasurer and shall be at all reason- able hours accessible to the electors, and any elector may by himself or his agent and at his own expense take a copy thereof or abstract therefrom. 1919-20, c. 25, s. 145. Auditor's 146. The declaration of office to be made and subscribed office by every auditor shall be as follows: I, A. B., having been appointed to the office of auditor for the village 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 that I have not directly or indirectly any share or interest whatever in any contract or ' employment (except that of auditor) with, by or on behalf of the village. Made before me at 1 this day of 19 . j> J A Com., N.P., or J. P. 1919-20, c. 25, s. 146. PART V. Bylaws and General Powers and Duties of Councils. Power to 147. It shall be the duty of the council of every village pass bylaws ^^^ ^^^^^ couucil shall have power to pass such bylaws as it may deem expedient for all or any of the following pur- poses : Public health 1, Providing for the health of the village and the preven- tion of the spread of infectious and contagious diseases and appropriating annually for the work of the board of health such sum as may be necessary ; VILLAGES C'ap. 88 1519 2. Kegiilatiug nuisance grounds for the village, and ^,y'y',^^°^ making provision for the removal and disposal of night soil, garbage and refuse by scavengers, for imposing a general rate to meet the expense of scavenging and making the same a charge upon all the lands within the municipality, or a special rate charged upon the lands in respect of which the service is performed; and in either case making the charge recoverable in the same manner in all respects as any other municipal taxes on land are recoverable; 3. Controlling any cemetery and the burial of the dead Cemetery within the village; 4. Granting aid for the erection and maintenance of hos- Hospitals pitals or for uniting with the councils of other municipalities in the construction and maintenance of an hospital deemed by all the councils concerned to be of benefit to their respec- Unu^tais tive municipalities and entering into an agreement as to the joint control and management thereof in accordance with The Union Hospital Act, the sum granted for maintenance not to exceed two mills on the dollar upon the total value of the assessable property within the village according to the last revised assessment roll : Provided that for the purposes of this paragraph the word "municipalities" shall mean and include towns, villages and rural municipalities ; 5. Granting aid or relief to any needy person who is a aw to nee dy resident of the village; 6. Kemitting all or a part of the taxes, including arrears, ^7^;'^^]°" upon land used for agricultural purposes, within the villag'e limits other than rates imposed to meet instalments of princi- pal and interest upon debentures, and refunding proportion- ately taxes upon such land already paid : Provided that no such remission shall be made in respect of land which is subdivided into lots or blocks according to a registered plan or which does not exceed five acres in extent ; 7. Granting sums of money to the Canadian Patriotic g^';,'^J,>^°„ Fund or to the Red Cross Fund, or to both, provided that |^;;]°*]«,. the total so granted in any year shall not exceed one thousand dollars; 8. Providing for planting and protecting trees on high- Trees ways and public places; ^. Establishing and regulating public markets and impos- ^^'^^^ ""^^^ ing penalties for light weight and short measurement and restraining or preventing selling on the streets ; 10. Preventing cruelty to animals ; anhnais''' 11. Restraining and regulating the running at large of d°8s dogs and imposing a tax on the owners, possessors or harbour- ers of dogs and killing dogs running at large ; 1520 Cap. 88 VILLAGES Hawker!> and pedlers LioeBsin^ sfaowe, etc Removal of dirt, etc., from roads Storage of gunpowder Incumbering the streets Regu'.atinK use of bridges and highways Traction engines Motor cars Aid to agricultural societies Census Constablfi and license inspector WelU 12. Licensing, regulating and governing transient traders, hawkers and pedlers ; but a village license shall not be granted in the case of hawkers and pedlers unless the appli- cant is the holder of a provincial license for hawkers and pedlers ; 13. RegTilating and licensing waxworks, menageries, cir- cuses, shows, theatres, moving picture theatres and other places of public amusement, requiring the payment of license fees by exhibitors thereof not exceeding $50 per day, and imposing fines on persons for infringing such bylaws to the amount of not exceeding $25 and costs over and above the amount of the license fee. Such fine and costs and fee may be levied by distress and 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 a period not exceeding one month ; 14. Compelling the removal of dirt, stones, filth, dust or rubbish off the roads, lanes or other public places within the village by the party depositing the same and the placing of the same where ordered by the council ; 15. Regulating the storage of gunpowder and other com- bustible explosive or dangerous materials within the village; 16. Preventing the incumbrance or obstructing of roads, streets, sidewalks and other places by vehicles or other articles or things; 17. Regulating the driving and riding of horses and other animals 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 out of any provincial law respecting the same; 18. Making provision for regulating the use of bridges and culverts within the village by portable engines or traction engines; 19. Making provision for the carrying out of any provin- cial law regulating the speed of motor vehicles on highways ; 20. Granting aid to agricultural societies and boards of trade ; 21. Taking the census of the village; ■ 22. Appointing a village constable and license inspector and regulating and defining their duties and fixing their remuneration ; 23. Regulating and controlling the use of wells and other sources of supply of water for the village and fixing rates to be paid for same and preventing the putting of anything prejudicial to health in any stream or any body of water from which water is taken for use within the village; VILLAGES Cap. 88 1521 24. Respecting the erection, classification and repair of ^n buUd^n^ buildings to be erected within the village or any part thereof, the minimum distance of such buildings from the street line and the minimum space to be allowed between buildings and the side lines of the lots upon which thej are constructed; 25. Preventing the erection of wooden buildings or addi- ^,?t*h're8ne°t tions thereto and wooden fences in specified parts of the ^uUdi^'T village, 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 village, or on specified streets or parts thereof, regulating the construction and dimensions of chimneys and enforcing the proper cleaning of the same and authorising 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 bylaw; 26. Eeffulatino; the size, structure and number and location ?".'?''.•= of doors in churches, halls or other places of public meeting or places of amusement and also the size and structure of stairs and stair railings in all such buildings; 27. Preventing the obstruction of the halls, aisles, passage- Preventing ,, ^ , . , 1 1 1 n ii obstructions ways, alleys or approaches m or to any cnurcn, nail or otner h. aisies. etc. place of public meeting during the occupation of the same for a public assemblage; 28. Fixing the quality and weight of bread offered for Assi?,? ot sale or sold within the village and making and enforcing regulations for the sanitary condition of bakehouses and bakeries ; 29. Regulating the sale of any articles used for food or Regulating drink and providing for the inspection of the same and for °" ^^° ""^ seizure or forfeiture of such articles as should not be offered or exposed for sale; 30. Preventing the erection and use of slaughter houses Slaughter within the limits of the village and compelling the removal vfuagL"^' of any slaughter house therefrom ; 31. Inspecting and regulating slaughter houses, dairies slaughter and other places either within or outside the area of the etTroittfd"**' village from or through which food is brought for sale ^''^*^® within the village and framing and enforcing building and sanitary regulations for the said slaughter houses and dairies ; 32. Licensing, regulating and governing all persons who pooi tables and 1 1 • J.1 • • 1 1 • • bowling alleys, keep or have m their possession or on their premises any etc. billiard, pool or bagatelle table, bowling alley or shooting gallery in a place of public entertainment whether such table, bowling alley or shooting gallery be used or not and fixins; the sum to be paid for a license for each such table, bowling alley or shooting gallery and the time such license shall be in force; 1522 Cap. 88 VILLAGES Livery, feed and sale stables Milk dealers, carriers and draymen Fire arms Prohibition of erection of livery stables, etc. Proviso Supplying light to the village Entering into contract for light Horse dealers Disorderly conduct Civic holidays Herding of cattle 33. Controlling, regulating and licensing motor liveries, livery, feed and sale stables and all persons who carry on withi^ tlie village the business of conveying passengers by cabs, carriages, omnibuses, automobiles, or other vehicles, for hire or profit; but a license shall not be granted in the case of motor liveries unless the applicant is the holder of a provincial license as a liveryman, as required by The Vehicles Act; 34. Licensing milk dealers, carriers, draymen and all persons performing work with horses or mules within the village for hire and regulating the same and fixing a schedule of fees to be charged by them; 35. Prohibiting the discharging of fire arms or explosives in the village; 36. Prohibiting the maintenance or erection of any build- ing used or to be used as a livery stable, blacksmith shop, laundry, creamery or lumber, coal or wood shed in such parts of the village as the council may designate: Provided that no such bylaw shall prohibit the continued maintenance for any of the said purposes of any building used for such purpose at the time of passing such bylaw; 37. Building, erecting, buying or leasing, controlling and operating any plant for the purpose of supplying light for the village and acquiring land either within or without the village for all purposes connected with the operation of such plant; 38. Authorising the overseer and secretary treasurer to sign an exclusive contract with any person to supply light for the village for a period not exceeding ten years, provided that the bylaw shall set out the proposed contract in full, shall be submitted to the electors in the same manner as a bylaw for raising money by way of debenture, and shall be approved by two-thirds of the electors voting thereon ; 39. Licensing persons carrying on business as sellers of horses or mules within the village, or bringing horses or mules within the village for the purpose of selling or offer- ing the same for sale, and regulating such business ; 40. Preventing disorderly conduct in the streets, lanes and other public places within the village ; 41. Authorising the overseer to declare any day of the week except Sunday to be a civic holiday ; 42. Prohibiting the herding of cattle within the village or defining the areas within which and the conditions under which cattle may be herded in the village. 1919-20, c. 25, s. 147. Bylaw for closing of shops 148. — (1) The council may by bylaw require that during the whole or any part of the year any class of shops within the village shall be closed, and remain closed on each or any VILLAGES Cap. 88 . 1523 day of the week, during any time between six o'clock in the afternoon and five o'clock in the morning of the next follow- ing day or may require that any class of shops shall be closed and remain closed during any time between one o'clock in the afternoon and five o'clock in the morning of the next following day upon any one day of the week. (2) No such bylaw shall be passed unless upon petition and unless the council is satisfied that such petition is signed by not less than three-fourths in number of the occupiers of shops throughout the village belonging to the class to which such petition relates. (3) ISTo bylaw passed under this section shall be repealed unless it appears to the council that more than one-half in number of the occupants of shops affected thereby are opposed to its continuance, in which case the council may repeal the bylaw. (4) No shopkeeper shall be liable to fine, penalty or punishment under any such bylaw for supplying medicines, drugs or medical appliances after the hour appointed for closing. (5) Nothing in such bylaw contained shall render the occupier of any premises liable to fine, penalty or punish- ment for supplying any article required for immediate use by reason of an emergency arising from sickness or death. (6) "Shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail, and barbers' shops; but not where the only trade or business carried on is that of hotel, inn, victualling house or refreshment house. (7) "Closed" means not open for the serving of customers. 1919-20, c. 25, s. 148. 149. When the council has authority to direct by bylaw Coun^ii^nmy that any matter or thing shall be done by any person the ^-^rv. council may also direct by the same or another bylaw that in default oi its 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. 1919-20, c. 25, s. 149. 150. The imposing or collecting of license fees shall in Licetisee^Dot no case be held to prevent the assessment of any land held taxes or used by the license holders or the collection of any taxes lawfully imposed thereon. 1919-20, c. .25, s. 150. 151. — (1) On presentation of a duly certified petition Curfew ben representing not less than one-half of the resident ratepayers of the village, the council shall have power to pass a bylaAv for regulating: Vol. II.— 13. 1524 Cap. 88 VILLAGES (a) the time after which children shall not be in the streets at nightfall without proper guardianship; and (&) the age or apparent age under which boys and girls respectively, shall be required to be in their homes at the hour appointed. (2) In the event of such bylaw being passed, the council shall cause a bell or bells to be rung at or near the time appointed as a warning, to be called the "curfew bell," after which the children so required to be in their homes or off the streets shall not be upon the public streets except under proper control or guardianship or for some unavoidable cause. (3) The council may by such bylaw provide that: (a) any child so found after the time appointed shall be liable to be warned by any constable or peace officer to go home, and if after such warning the child is found loitering on the streets, he or she may be taken by such constable to his or her home ; and (b) any parent or guardian shall be liable to a penalty, which may be fixed by the council, for permitting his child to habitually break said bylaw, after having been warned in writing. 1919-20, c. 25, s. 151. NOXIOUS WEEDS. Council may 152 (1) It shall be the duty of the council and it shall inspectors hiwe power to appoint before the first day of March in each Noxious Weed year such inspector or inspectors as are required to carry out and enforce the provisions of The Noxious Weeds Act within the village and to clearly define the territory of each such inspector so that every part of the village shall be covered; and every inspector shall hold office until his successor or successors are appointed and shall have all power and shall ' perform all duties of an inspector appointed in accordance with the provisions of the said Act and shall be paid such remuneration as the council may fix. (2) It shall be the duty of the secretary treasurer to notify the Weeds Commissioner at the Department of Agriculture forthwith of the appointment of such inspector or inspectors and of their location and post office address and of the territory assigned to each. 1919-20, c. 25, s. 152. ReatrainiD!^ aBimals running at large RESTRAINING ANIMALS RUNNING AT LARGE. 153. The council may at any time make provision by bylaw for restraining and regulating the running at large or trespassing of any animals, for distraining and impounding VILLAGES Tap. 88 1525 them, for determining the compensation to be allowed for carrying out the provisions of the bylaw and for services rendered in respect to and sustenance supplied for animals distrained or impounded; for appointing poundkeepers and providing sufficient yards, buildings and inclosures for the safe keeping of such animals as it may be the duty of the poundkeeper to impound; for appraising the damages to be paid by the owners of the animals impounded for trespassing and subject to the provisions of this Act for providing for the sale of animals impounded in case they are not claimed within a reasonable time or in case the damages, costs and expenses are not paid. 1919—20, c. 25, s. 153. 154. If any poundkeeper impounds or assists or incites Penaityjor or employs any person to impound any animal in any village imp""nding unless such animal was an estray or was trespassing upon the poundkeeper's own property 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. 1919-20, c. 25, s. 154. 155. — (1) If the owner of any impounded animal is^j^'^'^'^j, known to the poundkeeper the poundkeeper shall forthwith poundkeeper deliver or cause to be delivered to or at the place of residence owner of such owner or his servant a notice in the following form : To {name of owner or King's Pri7iter, as the case may he) 'Kotice is hereby given under section 155 of The Village Act that (description of animal impounded) was impounded in the pound kept by the undersigned on the (description of place where pound is located) on the day of 19 . Signature of poundkeeper. (2) In case such owner is not known or such owner or where person notified shall not within ten days after the mailing unknown or delivery of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees and claims for damages the poundkeeper shall cause to be inserted in two consecutive issues of a newspaper, if any, published in the village a notice in the form of this section and shall forward to the King's Printer for publication in The Saskatchewan Gazette a copy of such notice accompanied by a fee of two dollars for each animal impounded : Provided that the fees payable to the King's Printer in connection with each impoundment shall not exceed $5. 1919-20, c. 25. s. 155. 156. Every poundkeeper shall without charge in addition Copies of aii to any copies of any notice which he may be required under posted at this Act to post or deliver post a copy of every such notice ^^' 1526 Cap. 88 VILLAGES (mpounded snimala may bo sold Poundkeeper not to have any interest in sale in a conspicuous place at his pound 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. .1919-20, c. 25, s. 156. 157. When any animal shall not have been released from the pound within twenty days after the notice has been published as provided for in section 155 the said animal shall be sold by public auction after notice of such sale has been posted for eight days in three conspicuous places within the village, one of which shall be the post office 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 bylaw of the village and shall commence at the hour of two o'clock in the after- noon and 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. 1919-20, c. 25, s. 157. When animals 4hall not be sold When animals shall be sold Particulars of sale to secretary treasurer Poundkeeper need not be licensed as auctioneer 158. — (1) If more animals than one are impounded on any distress and the owner thereof is known the poundkeeper shall not sell any more of such animals after he has realised from the sales sufficient 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. (2) If the owner of the animals is unknown the pound- keeper shall sell all the animals impounded. (3) The poundkeeper shall immediately after such sale send to the secretary treasurer a description of the animal sold, the date of sale, the amount realised and the disposition thereof. 1019-20, c. 25, s. 158. 159. ]^o poundkeeper making a sale under the provisions of this xVct shall be liable to a penalty for selling withoiit a license as an auctioneer. 1919-20, c. 25, s. 159. Disposal oc proceeds of sale 160. The proceeds of the sale of any impounded animal sold under the provisions of this Act shall be applicable in payment : (a) of any costs and charges attending such sale; (h) of all sustenance fees; (c) to the impounder of such animal the amount due to him for impounding charges and 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 secre- tarv treasurer of the village. 1919-20, c. 25, s. 160. VILLAGES Cap. 88 1527 161. Any money paid to the secretary treasurer under Owner's claini to the provisions of section 160 shall be paid over to the owner not proceeds of the animal sold on evidence satisfactory to the council being furnished 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. 1919-20, c. 25, s. 161. PROCEDURE AS TO BYLAWS. 163. Every bylaw under this Act shall be under the seal «yiaw of the village and shall be signed by the overseer and i.ave three countersigned by the secretary treasurer and every bylaw readTngs shall have three distinct and separate readings before it is passing finally passed; but 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. 1919-20, c. 25, s. 162. 163. A copy of any bylaw written or printed and under Evidence of the seal of the village and certified to be a true copy by the ' ^ p**^^'"^ overseer or secretary treasurer shall be received as prima facie evidence of its due passing and of the contents thereof with- out further proof in any court unless it is specially pleaded or alleged that the seal or the signature of the overseer or secretary treasurer has been forged. 1919-20, c. 25, s. 163. 164. When one-third of the electors resident in the village Petition for .. , MCI !•• PIT submission of petition the council tor the submission ol a bylaw on any bylaws question concerning a matter within the legislative juris- diction of the council the same shall be granted and a bylaw introduced by the council within four weeks after the presen- tation of the said petition which bylaw shall be advertised in some newspaper published in or the newspaper published nearest to the village in at least one number of such paper each week for two consecutive weeks and finally passed by the council within four weeks of the voting thereon. 1 919-20. e. 25, s. 164. 165. In case no application to quash a bylaw is made validation of within two months next after the final passing thereof the ^' "''"^ bylaw 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. 1919-20, c. 25, s. 165. INFRACTION OF BYLAWS. 166. — (1) The council of everv villao:e mav pass bvlaws Penalty „ , , ■ .' " . ^iid fine by for inflicting reasonable fines and penalties not exceeding byiaw $100 exclusive of costs for breach of any of the bvlaws of the village and for reasonable punishment by imprisonment 1528 Cap. 88 villages with or without hard labour in the nearest common gaol for any period not exceedins; thirty days in case of nonpayment of the fine and costs inHicted for any such breach unless such fine and cost including the cost of committal are sooner paid. (2) Two copies of every such bylaw, passed under the provisions of this Act, shall be transmitted to the minister and no such bylaw shall have any force or effect until one of said copies is returned to the secretary treasurer approved by the minister. Every such bylaw shall be under the seal of the village and shall be certified as correct by the overseer and secretary treasurer. (3) Any penalty or fine under any bylaw of a village shall if no other provision be made respecting it belong to the village for the public use of the same and form part of the general revenue of the village. 1919-20, c. 25, s. 166. ^n^veyince 167. In the event of any person being committed to gaol to gaol and jjy reason of a breach of a village bylaw there shall be charge- maintenance •' O J o able to such village 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. 1919-20, c. 25, s. 167. QUASHING BYLAWS AND RESOLUTIONS. 1iMh° '" 168. — (1) Any elector of the village may within two months after the passing of any bylaw or resolution of the council apply to the judge upon motion to quash the same in whole or in part for illegality; and the judge upon such motion may quash the bylaw or resolution in whole or in part and may according to the result of the application 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 davs before the day on which the motion is made. (3) The bylaw or resolution may be proved by the pro- duction of a copy thereof certified under the hand of the secretary treasurer and the seal of the village; and the secretary treasurer shall deliver such copy upon payment of a fee therefor at the rate of ten cents per folio. (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 recognisance 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 recognisance upon the sureties entering into proper affidavits of justification and VILLAGES ('ap. 88 1529 thereupon the same shall be filed in the district court with the other papers relating to the motion. (6) In lieu of the recognisance mentioned in subsections (4) and (5) the applicant may pay into 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 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 appli- cation. (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. 1919-20, c. 25, s. 168. 169. Any bylaw which has been procured to be passed ^y'-'"'*. , i-T t, ..^1 .. » procured by through or by means of any violation of the provisions of bribery and this Act or The Controverted Municipal Elections Act may be quashed npon an application made in conformity with the provisions herein or therein contained. 1919-20. c. 25, 8. 169. POWERS AND DUTIES OF COUNCILS. 1'70. In addition to all other duties and powers conferred ?"*ve" ?"''^«' or other places of public accommodation, give public notice of the same in such manner as the council may determine. (2) Within thirty days from the date of publication of such notice every person, who owns, conducts or manages a public hotel or other place of public accommodation required to be licensed, shall apply to the council for a license. (3) Any person who, after the expiration of sixty days from the date of publication of such notice, owns, conducts or manages a public hotel or other place of public accom- modation required to be licensed by the council, without hav- ing applied for and obtained a license, shall on summary conviction be liable for a first offence to a penalty not exceed- ing $25 and costs, and for a second and every subsequent offence to a penalty not exceeding $60 and costs. 1919-20, c. 25, s. 19Y. 198. Every public hotel or other place of public accoiii-f^;^l[^^^'^*- '^^ modation licensed hereunder shall be conducted in accord- rpKuiated by • 1 1 1 • 11 council ance with bylaws, rules and regulations enacted by the council in that behalf. 1919-20, c. 25, s. 198. 199. The council may cancel or suspend for such time ^J^^^p^jj^^J°^jj^j^ as it may deem advisable any license granted for a place of of license by public accommodation, but no such cancellation or suspen- sion shall take place until the licensee has been given a full opportunity to be heard regarding any complaint that may have been lodged with the council with respect to the conduct of the licensee or of the premises under his control. 1919- 20, c. 25, s. 199. 200. — (1) Written notice of every such cancellation or |^^^j^'=^j^''^ suspension shall be forthwith served personallv bv the secre- ""tice of, ,, .IT ' ^ • 1 1 cancellation tary treasurer on the licensee or some one m his employ, and upon receipt of such notice it shall be the duty of such licensee or employee to forthwith remove the license and the sign referred to in sections 194 and 195. (2) Any licensee or employee who contravenes the provi- i^e^"a^*y_ sions of this section shall be guilty of an offence and liable, compliance on summary conviction, to a penalty not exceeding $100 and costs or in default of payment to imprisonment for fourteen days. 1919-20, c. 25, s. 200. 201 — (1) For the purpose of aiding in the establish- A^^^fJ-^^'}'^^ ment of a public rest and reading room in any public hotel P^^'je^i* or other place of public accommodation in a village and of rooms providing for the care of any library the council may desire to instal in such hotel or place of public accommodation, the 1638 Cap. 88 VILLAGES Notice iisplsyed m public hotels, etc. following gi-ants or expenditures may be paid to the licensee of such hotel or place of public accommodation by the coun- cils concerned, namely: (a) by the council of the village such sums as may be deemed advisable but not exceeding $200 annu- ally ; (&) by the councils of every adjacent rural municipality such sums as may be deemed advisable but not exceeding $20 annually for each division of the municipality. (2) For the purpose of better carrying out of the provi- sions of this section the municipal councils concerned may enter into an agreement with the licensee of any public hotel or other place of public accommodation for the purposes mentioned, and such agreement shall set forth the terms and conditions under which and the times when the grants or payments herein provided for shall be payable to such licensee. (3) Money payable as a grant under the provisions of this Act shall be exempt from attachment. 1919-20, c. 25, s. 201. 303 (1) There shall be displayed in a conspicuous place in the main office or public room of every public hotel or other place of public accommodation, licensed as such under the provisions of this Act, a notice bearing in plain characters that may be easily read the following words: "The keeping or consuming of intoxicating liquors on any part of these premises is prohibited by law." (2) The proprietor or manager of any such licensed pub- lic hotel or other place of public accommodation who fails or neglects to have and to keep the said notice displayed as provided by this section shall be guilty of an offence and liable to a penalty of $50, and in default of payment to imprisonment for thirty days. 1919-20, c. 25, s. 202. PAET VI. Municipal Loans. Temporary loans TEMPORAKY. 203 (1) The council of every village except as here- inafter provided may from time to time by resolution authorise the overseer and secretary treasurer to borrow, either before or after the passing of the resolution levying the taxes for the current year, from any person, bank or corporation such sums of money as may be required to meet VILLAGES Cap. 88 1539 the current expenditures of the village until such time as the taxes levied, or to be levied, for the current year are avail- able, and such resolution shall regulate the amount to be borrowed and the rate of interest to be paid ; and every such loan shall be repaid out of and shall be a first charge upon the taxes which are collected for the year in which such loan is made and may be secured by the promissory note or notes of the overseer and secretary treasurer given under the seal of the village and on behalf of the council. (2) In any calendar year the total amount of all loans thus made shall not exceed sixty per centum of the total taxes levied, or of the estimated amount of taxes to be levied by the village for such year. 1919-20, c. 25, s. 203. 204. The council of any village organised subsequently to lljln a?ter^ the first day of July in any year may by resolution authorise -^"'y ^ the overseer and secretary treasurer to borrow from any person, bank or corporation such sum or sums of money not exceeding $500 as may be required from time to time to meet the current expenditures of the village for the remainder of such year ; and every such loan shall be repaid out of, and shall be a first charge upon the taxes to be levied for the year next following and may be secured by the promissory note or notes of the overseer and secretary treasurer given under the seal of the village and on behalf of the council. 1919-20, c. 25, s. 204. taxes 205. — (1) In addition to the powers conferred by thej;°^"^°,^ two next preceding sections, the council shall have power to school borrow, on the credit of the taxes to be collected within the village within the current year for a school district situate •wholly or partly within the village, to an amount not exceed- ing eighty per centum of the estimated total of such taxes. (2) In any case where a village requires to borrow the amounts to be paid to a school district under section 263, the interest on the loan shall be payable by the school district. 1919-20, c. 25, s. 205. DEBENTURE LOANS. 206. — (1) Should it appear desirable to the council of Debenture any village that a sum of money should be borrowed on the security of the village for the purpose of purchasing or constructing any road, highway, bridge, sidewalk, ferry or other village public work or for the purpose of purchasing or otherwise acquiring any land, right of way, easement or other interest in any land for the use of the village or for the purpose of draining any portion of the village or for the purpose of providing a supply of water for the village «r for the purpose of providing fire protection for the village 1540 Cap. 88 VILLAGES Notice to electors or for the purpose of purchasing and installing a plant for supplying light for the village or for the purpose of pur- chasing, erecting, improving, altering, adding to or furnish- ing any building for the use of the village or for the purpose of assisting in the erection or enlargement of an hospital either within or without the limits of the village or for all or any of the said purposes it shall pass a bylaw to that effect which may be in such form as is prescribed by the Local Government Board or to the like effect and which shall be under the seal of the village. (2) Prior to or forthwith after the first reading of the bylaw providing for the loan the council shall apply to the Local Government Board for its authorisation of the loan. (3) ISTotice of such authorisation shall be published in The Saskatcheivan Gazette. 1919-20, c. 25, s, 206. 207. — (1) Within fifteen days from the passing of the bylaw the council shall give notice to the electors of the village of its intention to borrow the amount specified in the bylaw and on the conditions therein set forth. (2) Every such notice shall be in the form prescribed by the Local Government Board and shall be posted in at least three widely separated conspicuous places in the village, one of which shall be the post office, or published^ in two conse- cutive issues of a newspaper circulating within the village. 1919-20, c. 25, s. 207. Notice 208. — (1) Tf within fifteen days from the date of the po?fon°'°^ posting or publication of the said notice one-fourth of the electors of the village demand a poll of the electors for and against the said bylaw such poll shall be held as hereinafter provided. (2) Every demand for a poll shall be in writing and shall be accompanied by an affidavit of one or more electors proving the signatures attached to such demand. (3) Every demand for a poll shall be delivered to the secretary treasurer of the village or in his absence to the overseer and a certified copy of such demand shall be forth- with transmitted to the Local Government Board. 1919-20, c. 25, s. 208. Certificate to 209. In the event of a poll not being demanded as herein- men't'BoTd"'" boforc provided the secretary treasurer shall forthwith trans- o'f.byTaw^ rait to the Local Government Board: (a) a certified copy of the bylaw under the seal of the village ; VILLAGES Cap. 88 1541 (h) a certitied copy of the notice provided in section 207 and a statutory declaration or declarations proving' the posting or publication of such notice ;ind that a i)oll has not been demanded; \ c) a statutory declaration showing the total value of assessable real property in the village as shown by the last revised assessment roll thereof. 1919-20, c. 25, s. 209. 310. In the event of a poll being demanded as provided ^^^^^ by section 208 the council shall by resolution fix a time for holding the said poll, appoint a returning officer, name a polling place and appoint a time and place when and where the returning officer shall sum up the votes given for and against the bylaw. 1919-20, c. 25, s. 210. 311. ITotice of the poll shall be posted up at least f our- ^JlJ''^* °^ teen clear days before the date of voting in the manner prescribed by section 207 and every such notice shall be in the form prescribed by the Local Government Board. 1919-20, c. 25, s. 211. ' 313. At the day and hour fixed by the said notice a poll ^C^,^^ shall be taken and all proceedings thereat and preliminary and subsequent thereto and for the purposes thereof includ- ing a recount shall be conducted in the same manner as nearly as may be as at an election for councillors. 1919-20. c. 25!^ s. 212." 313. The ballot papers for voting on the bylaw shall be ^*"°* p*p*' in the following form: Bylaw. FOR AGAINST 1919-20, c. 25, s. 213. 314. On the application of any person interested in pro- p^u"^ *' moting or opposing the bylaw, the overseer shall authorise the attendance of two persons on behalf of the party apply- ing at the polling place and at the final summing up of the votes. 1919-20, c. 25, s. 214. 315. Every elector shall be entitled to vote once only on ^^y''°** -the bylaw. 1919-20, c. 25, s. 215. 1542 Cap. 88 VILLAGES Declaration of poll 316. The returning officer shall at the time and place appointed by the council in the presence of those authorised to attend or such of them as may be present sum up the number of votes for and against the bylaw and shall then and there declare the result and forthwith certify the same to the council under his hand. 1919-20, c. 25, s. 216. Certificate from secretary treasurer concerning passing of bylaw Signing and sealing debentures 317. In the event of a recount not being applied for within the time specified by section 115 the secretary treas- urer shall forthwith forward to the Local Government Board; (a) a certified copy of the bylaw under the seal of the village; (&) a certified copy of the notice provided in section 207 and a statutory declaration or declarations proving the posting or publication of such notice; (c) a statutory declaration showing the total value of assessable property in the village as shown by the last revised assessment roll thereof; (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 treasurer after such recount has been held shall transmit ta the Local Government Board the aforesaid documents together with a certified copy of the written statement of the judge as to the result of such recount. 1919-20, c. 25, s. 217. 318. Upon receipt of the several documents referred to in section 209 or in section 217, as the case may be, and upon being satisfied that the several requirements of this Act have been substantially complied with, the Local Govern- ment Board may sign and seal the debentures as provided by The Local Government Board Act. 1919-20, c. 25^ s. 218, Issue of debentures 319. Whenever the council of any village is authorised by the Local Government Board to borrow any sum of money as herein provided the council may thereupon issue a debenture or debentures to secure the amount of the principal and the interest of the loan so authorised or of any less sum upon the terms specified in the bylaw; and the debenture or debentures and the coupons thereto attached when signed by the overseer and secretary treasurer of the village and the debenture or debentures scaled with the seal thereof and signed and sealed by the Local Government Board, and in addition countersigned by the minister or deputy minister as hereinafter provided, shall be sufficient to bind the village and create a charge or' lien upon all village property and rates and taxes in' the village. 1919-20, c. 25, s. 219, VILLAGES (^ap. 88 1543 :_, Form of 330. Every debenture issued by any village shall be in ^^^^ the followina; form or to the like effect: $ Debenture No. The village of in the Province of Saskatchewan promises to pay to the bearer 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. ture Overseer. [Corporate Seal] Secretary treasurer. Coupons. Coupon No. . Debenture No. The village of 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. Overseer. [Corporate Seal] Secretary treasurer. 1919-20, c. 25, s. 220. 331. The total value of all outstanding debentures issued Limit for • 1 c , debentures by any village shall not at any time be lor a greater sum than ten per centum of the total value of the' assessable real property in .the village as shown by the last revised assess- ment roll thereof. 1919-20, c. 25, s. 221. 333. Debentures shall not carry interest at a greater rate [^^^^^^J than eight per centum per annum. 1919-20, c. 25, s. 222. 333. Debentures shall not run for a longer period than Term of fifteen years from the date of the first instalment of principal and interest and' may be dated at any time within twelve months from the date on which the notice of the authorisation appears in The Saslcatclieivan Gazette and the first instal- ment of principal and interest may be made payable at any time within eighteen months from the date of the debenture. 1919-20, c. 25, s. 223. ' ' 1544 Cap. 88 VILLAGES Debenture.^ registered by minister Debenture countersigned by minister Debenture register 324. Every debenture before being issued by the council shall be sent for registration to the minister who shall cause a record to be kept of the same. 1919-20, c. 25, s. 224. 225. The minister or deputy minister shall thereupon, if satisfied that the requirements of this Act have been sub- stantially complied with and if the authority to make the loan has not been withdrawn, register and countersign the debenture and such countersigning by the minister or deputy minister shall be conclusive evidence that the village 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 questionable 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. 1919-20, c' 25, s. 225. 33(5. The secretary treasurer shall open and keep a book to be known as "The Debenture Eegister" which shall be in such form as is prescribed by the minister and in which shall be entered full particulars of every debenture issued by the village. 1919-20. c. 25, s. 226. PART VTT. Municipal Assessment and Taxation. Assessor 337. — ( 1 ) The council of every village shall appoint an assessor whose duty it shall be to make an assessment of the village in the manner hereinafter provided. (2) Tf deemed advisable the council may appoint the secretary treasurer as assessor. 1919-20. c. 25, s. 227. ment 338. — (1) As soon as may be in each year but not later than the first day of July the assessor shall assess all real and personal property and income in the village not exempt from taxation and shall prepare an assessment roll showing the name of each person assessed, the property in respect of which he is assessed and the assessed value thereof. (2) Land shall be assessed at its fair actual value and buildings and improvements thereon at sixty per cent, of their actual value ; in estimating its value regard shall be had to its situation ; in case the value at which any specified land has been assessed appears to be more or less than its true value the amount of the assessment shall nevertheless not be varied on appeal unless the difference be substantial VILLAGES Cap. 88 1546 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 land in question are assessed: Provided that the taxes in respect of any grain elevator and its contents and the income derived therefrom shall not exceed in any year $75 for municipal purposes and $75 for school purposes. (3) The stock in trade of a merchant shall be assessed at sixty per cent, of its actual value. , (4) Whenever two or more persons are as business part- ners, joint tenants, tenants in common or by any other kind of joint interest the owners or occupants of any real property or the owners of any personal property liable to taxation hereunder the name of each of such persons shall be entered on the assessment roll in respect of his share or interest of or in such property. 1919-20, c. 25, s. 228. 339. The following property shall be exempt from assess- Kxemptioos ment and taxation : 1. The interest of the Crown in any property including property held by any person in trust for the Crown; 2. Property specially exempted by law or held for the public use of the province; 3. All lands held by or in trust for the use of any tribe of Indians; 4. If any property mentioned in paragraphs 1, 2 and 3 is occupied by any person otherwise than in an official capacity the occupant shall be assessed in respect of his occupancy but the property itself shall not be liable; 5. A building used for church purposes and not used for any other purpose for hire or reward and the lot or lots whereon it stands not exceeding one-half acre except such part as may have any other buildings thereon; 6. Personal property to the amount of $300 other than income ; 7. All land in use as a public cemetery not exceeding twenty-five acres; 8. The building and grounds not exceeding four acres of and attached to or otherwise hona fide used in connection with and for the purposes of every school established under the authority of The School Act and every incorporated hospital so long as such building and grounds are actually used and occupied by such institution but not if otherwise occupied and except such part as may have any other building thereon ; 9. The buildings and grounds of agriculture societies organised under The Agricultural Societies Act; 1546 Cap. 88 VILLAGES loAome tax 10. All property (real and personal) belonging to the village ; 11. Every public library established under The Public Libraries Act; 12. The income of every married person and widow or widower with children up to $1,500, and of every other person up to $1,000 : Provided, that in the case of any pension paid to a member or an ex-member of His Majesty's military or naval forces or a pension paid to any member of the forces of His Majesty's allies in the late war who is a British subject or to any dependent of any such member or ex-member, such pension shall be wholly exempt from taxation under this Act; 13. Household effects of every kind, books and wearing apparel in use; 14. Grain. 1919-20, c. 25, s. 229 (1). 330. — (1) Any person who is assessed and taxed in respect of real property and income derived from wages or salary shall be liable to pay in addition to the amount of his taxes on such real property, as the case may be, only the amount, if any, by which his taxes on such income exceed his taxes on such real property as aforesaid. (2) 1^0 person who is assessed in respect to stock in trade or other personal property in connection with any business or who is otherwise assessed in respect of such business shall be assessed in respect of the income derived from such busi- ness and no person who pays a license fee in respect of a business shall be assessed upon the stock in trade or personal property used in the business, or shall be otherwise assessed in respect thereof. 1919-20, c. 25, s. 229 (2) and (3). t^aT'^' 231. The provisions of The Wild Lands Tax Act shall not to apply not apply to the land within the boundaries of a village. 1919-20, c. 25, s. 230. Information given 233 — (1) It shall be the duty of every assessable person to give to the assessor all information necessary to enable him to make up the roll but no statement made by such person shall bind the assessor or shall excuse him from making inquiry as to its correctness. (2) In case any person refuses upon demand to give such information to the assessor or wilfully furnishes to the assessor false information, such person shall be liable on summary conviction to a penalty not exceeding $50. 1919-20, c. 25, s.' 232. VILLAGES Cap. 88 1547 233. It shall be the duty of every person employing any information by other person in his trade, manufacture, business or callinii to give to the assessor on demand information concerning the names and places of residence of all persons employed by him whose wages, salary or remuneration exceed $1,500 per annum in the case of married persons and widows and widowers with children or $1,000 per annum in the case of all other persons. 1919-20, c. 25, s. 233. 234. The assessment roll shall be in the following form or to the like effect: AssesBment 1548 Cap. 88 VILLAGES o m o < i—i P^ W H P^ O P^ tJ I-:; o p^ CO < Receipt No. Amounts paid Initials " Date of tax notice Total taxes \ Arrears of school taxes Arrears of municipal taxes School tax for current year Municipal tax for current year a c 'i M OS o t o o Separate Public Municipal Initials Date of mailing notice of assessment Public or separate school supporter (PSS or SSS) Total amount of assessment Taxable income \ Assessed value Brief description of taxable property . Ow. (Owner) Occ. (Occupant) Post office address The names in full (if the same can be ascertained) of every person tax- able in the village • No. of assessment ' 1919-20, c. 25, s. 234. VILLAGES Cap. 88 1549 335. The council with the assessor shall constitute an choked by assessment committee; and such committee shall on the com- ^^s^^^™®"* , 1 1 ;» committee pletion of the roll by the assessor and before assessment notices are sent out check over the assessment roll and make such corrections therein as the majority of the committee mav decide. 1919-20, c. 25, s. 235. 336. If any assessor makes fraudulent assessment or wil- asTesfment fully or fraudulently inserts in the assessment roll the name of any person who should not be entered therein or wilfully or fraudulently 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. 1919-20, c. 25, s. 236. 237. The assessor within ten days after completing the ^ggelsment said roll shall post up in three conspicuous places in the publication village a notice in the following form : Village of . 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 to inspection at the office of the secretary treasurer of the village from 10 a.m. to 4 p.m. on ev^ery juridical day except Saturday (and on that day from 10 a.m. to noon), and that any elector 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 at the office of the secretary treasurer. Dated this day of 19 . A. B., Assessor. 1919-20, c. 25, s. 237. 338 — (1) The secretary treasurer shall also within ten Notice by days after the completion of the assessment roll transmit by '"'" post to every person named therein an assessment notice containing the particulars appearing in the roll with respect to such person. (2) The assessment notice shall contain a statement of the last date upon which complaints may be lodged as fixed by the notice under section 237 and there shall be indorsed thereon a written or printed form of complaint as given in section 240. (3) 'No assessment shall be invalidated by any error in the assessment notice transmitted as aforesaid or by reason of the nontransmission or nonreceipt thereof by the person to whom it was addressed. 1919-20, c. 25, s. 238. ' 1550 Cap. 88 VILLAGES Appeal to council 239. 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 wrongfully inserted in or omitted from the roll he may within the time limited as aforesaid give notice of complaint in writing to the secre- tary treasurer that he appeals to the council to correct the said error and in such notice he shall give a post office address to which notices may be sent. 1919-20, c. 25, s. 239. Form of notice of appeal 340. Every such complaint shall be in the following form : To the secretary treasurer of the village of SiK, — I hereby appeal against assessment {or nonassess- ment) of on the following grounds {here state grounds of appeal). C. B., Appellant. Dated this day of 19 1919-20, c. 25, s. 240. Notice of hearing 341. The secretary treasurer 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. 1919-20, c. 25, s. 241. Time of notice 343. Every such notice shall be posted by registered letter to the post office address of such person, if any, as entered on the assessment roll or as indicated in the notice of complaint at least fifteen days before the sitting of the council unless such person has a place of business within the village in which ease the secretary treasurer shall cause the said notice to be served at such place of business at least six days before the sitting of the council. 1919-20, c. 25, s. 242. Court of revision 343. The council shall be the court of revision for revising the assessment roll. 1919-20, c. 25, s, 243. List of appeal* 344. Before the sittings of the council the secretary treasurer shall prepare a list of the appeals in the following form which list shall be posted 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 village of on the dav of 19 VILLAGES Cap. 88 1551 Appellant Respecting whom Matter complained of A.B. Self Overcharged on land CD. E.F. Name omitted G.H. J.K. Not bona fide owner or tenant L.M. Self Income overcharged etc. etc. 1919-20, c. 25, s. 244. ^45. — (1) The secretary treasurer shall be the clerk and cierk in secretary of the council in connection with assessment appeal appeals. assessment 3 (2) The clerk may when required so to do issue a sum- |v^'^mona to mons 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 $3 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, fails to attend, he shall be guilty of an offence and liable on summary con- Penalty for viction 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 bv reason of snch uonattendance. 1019-20, c. 25, s. 245. DonappearanoA 246. The appeals shall be heard as far as possible in the ^g°a°f "g* °^ order in which they stand upon the said list, but the council may adjourn or expedite the hearing of any appeal as it thinks fit. 1919-20, c. 25. s. 246. 347. If the appellant or any other person whose assess- ^p^'arance ment 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. 1910-20. e. 25, s. 24Y. 248. — (1) It shall not be necessary to hear upon oath the Evidence complainant 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. 1919-20. c. 25, s. 248. 1552 Cap. 88 VILLAGES Termination of sittings 249. All the duties of the council as a court of revision shall be completed by the first day of September; and no appeal to the council shall be heard after that date except as provided in section 256. 1919-20, c. 25, s. 249. Amendment of roll 250. Forthwith after the conclusion of the sittings, the secretary treasurer shall amend the assessment roll in accord- ance with the decisions of the council ; every such amend- ment 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 treasurer. 1919-20, c. 25, s, 250. Adoption of roll 351. The roll with any amendments made as aforesaid shall be the assessment roll of the village : 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. 1919-20, c. 25. s. 251. Correction of errors Appeal lies to judge 353. The council may at any time correct any gross and palpable errors in the roll and any corrections so made shall be initialed by the secretary treasurer. 1919-20, c. 25, s. 252. APPEAL FROM COURT OF REVISION TO JUDGE. 353. An appeal to the judge shall lie not only against the 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. 1919-20, c. 25, s. 253. Proceedings on appeal Notice ol appeal List of appeals forwarded to judge Secretary treasurer notifies parti interested in appeals Time of notice 354. In all appeals under the provisions of section 25S the proceedings shall be as follows : 1. The appellant shall in person or by agent serve upon the secretary treasurer within eight days after the decision of the court of revision a written notice of his intention ta appeal to the judge; 2. The secretary treasurer 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 secretary treasurer shall immediately upon the es 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 posted by registered letter to the post office address of the appellant at least fifteen days before the day fixed by the judge for hearing the appeals VILLAGES Cap. 88 1553 unless such person has a place of business within the village in which case the secretary treasurer 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 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 secretary treasurer shall immediately upon the Secretary treasurer judge fixing the day for the hearing of such appeals cause a posts notice conspicuous notice to be posted up in his office and in the place where the council holds its sittings containing the names of all the appellants and parties appealed against and a statement of the time and place fixed by the judge for the hearing of such appeals; 6. The secretarv treasurer shall be the clerk of the court Secretary 1111T T ' -I CI • 1 1 treasurer is to be held by the ]udge for hearing the appeals ; cierk of 7. At the court so holden the judge shall hear the appeals Hearing and ». . ii> aeternaination and may adjourn the hearing from time to time and defer of appeals judgment thereon at his pleasure, but all appeals shall be determined before the thirtieth day of September; all deferred judgments shall be in writing and when given shall be filed with the secretary treasurer ; .8. At the court to be holden bv the judffe to hear the I'^.f edure i •■ 1 • 1 " c '"' hearing 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 decision the secretary treasurer shall when the same is given forth- with alter the said roll accordingly and write his own name opposite every such alteration or correction; 9. In such proceedings the judge shall possess all such'^dge's powers for compelling the attendance of and for the examin- ing 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™«g°^j of appeal may be entitled as follows : 1554 Cap. 88 VILLAGES Cost of proceedings Taxation Decision final Appeal in case of school supporter Procedure Council may order addition to roll In the matter of appeal from the court of revision of the village Between A. B. Appellant, and C. D. Respondent; 11. The costs of any proceeding before the judge as afore- said 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 recoverable in such court ; 12. The costs chargeable or to be awarded in any case may be the costs of witnesses and of procuring their attendance and none other, the same to be taxed according to the allow- ance in the 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; 13. Subject to the provisions hereinafter contained the decision and judgment of the judge shall be final and con- clusive in every case adjudicated upon; 14. Where the ground of appeal was that the appellant or some other person was wrongly assessed as a public or separate school supporter, an appeal shall lie from the judge of the district court to the court of appeal ; 15. The procedure on such appeal shall be the same as is or may be provided on an appeal from a final order, judg- ment or decision of the district court in a civil action. 1919-20, c. 25, s. 254. 255. If at any time before the first day of ISTovember it is discovered that any person liable to assessment is not assessed or that there is any error in any of the particulars contained in the 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 initialed by the secretary treasurer. 1919-20, c. 25, s. 255. Notice to persons affected by correction of roll 256. 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 241 shall be sent to such person or persons by the secretary treasurer and every such person shall be given every reason- able opportunity to complain or appeal against the said VILLAGES Cap. 88 1555 / assessment and all complaints and appeals so made shall be heard and determined as nearly as may be in the manner proviflorl hv this Ant. 1019-^0. c. i>5, s. 2.5f;. 'i57. When the roll is finally completod and the time J'i"'-^'"*^ during which complaints and appeals against the assessment ainended has elapsed, the secretary treasurer shall, over his signature, enter at the foot of the last page of the roll the following certificate filling in the date of such entry : "Eoll finally completed this day of 19 " ; and the roll as thus finally completed and certified to 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 any notice required by this Act or any omission to deliver or to transmit any such notice. 1919-20. c. 25, s. 257. 358. A copy of the roll or of any portion thereof written pf'',!;|f]'"''^ or printed without any erasure or interlineation and under the seal of the municipality and certified to be a true copy by the secretary treasurer shall be received as prima facie evidence in any court of justice without the production of the original assessment roll. 1919-20. e. 25. s. 258. TAXATIOX. 359. The council shall as soon as practicable in each year E-''^""atee 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 any debenture coupons which may fall due during the year. 1919-20, c. 25, s. 259. 360 — (1) Upon the completion of the said estimate thejrf^^y*' secretary treasurer shall lay before the council the assess- ment roll of the village for the current year and the council shall by resolution authorise the secretary treasurer to levy upon all property and income entered in the roll such tax at a uniform rate as shall be deemed sufficient to meet the estimate of expenditures and in fixing the rate the council shall make due allowance for the nonpayment of taxes, (2) The said uniform rate shall not in any one year i-imit exceed fifteen mills on the dollar of the assessment: Provided that in the case of any village 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. 1919- 20, c. 25, s. 260.' Vol. 11—14. 1556 Cap. 88 VILLAGES Assessment 2()1. In cEse a villase includes within its limits the whole where VI llage i i t • deludes school or u part 01 any school district erected under The ScJiool Act, the council shall assess and levy in each year, in accord- ance with the provisions of The School Assessment Act, such rates as shall be sufficient to meet the sums required to be raised for the purposes of the district or portion of a district, as the case may be; and such rates shall be assessed and collected in the same manner as municipal rates and taxes. 1919-20, c. 25, s. 261. Statement by school district trustees of estimated expenditure Payments by council Statement shows debenture instalments 263 — (1) On or before the first day of March of each year, or in the case of a school district established subse- quently to the first day of March as soon thereafter as pos- sible, the board of trustees of every school district referred to in section 261 shall transmit to the secretary treasurer of the village a statement showing the estimated expenditure of the district for the year, and the council shall pay to the school district one-quarter of the amount of such estimated expenditure on or before March 31, one-quarter on or before June 30 and one-quarter on or before September 30 of the said year, and the balance of the taxes which the board of trustees has required the council to levy for the current year shall be paid on or before December 31 of the said year. Such estimate shall be based on the amount payable from each municipality to the school district in the previous year. (2) The statement above mentioned shall show the amount of any debenture instalment falling due within the year, and the date on which it falls due, and the payment by the council for the quarter during which such date occurs shall include such instalment, (3) By mutual agreement between any village and a school district situated wholly or in part therein, the pay- ments mentioned may be made at different dates from. those above prescribed. 1919-20, c. 25, s. 262. Material supplied by school trustees 363. On or before the first day of August in each year the board of trustees of every school district referred to in section 261 shall transmit to the treasurer of each village in which the district is situated in whole or in part : (a) a map or plan showing the area and boundaries of the said district ; (6) a detailed statement showing the amount required to meet the expenditures of the district for the year ; (c) a certified copy of the resolution of the board of trustees showing the amount required to be levied on all assessable lands in the district for the year. 1919-20, c. 25, s. 263. VILLAGES Cap. 88 1557 364. All school taxes or moneys actually collected or due ^Z^^^'^^^, by a village remaining unpaid to the trustees of any school ^^^^^ district after the dates fixed by this Act or by mutual agree- ment for the payment of the same shall be a debt due by the village to the school district, and may be recovered by suit in the name of the board of trustees of such school district. 1919-20, c. 25, s. 264. 365. It shall be the dutv of the secretary treasurer of Arrears ^ '' , , paid over every village to transfer to the treasurer of the school district at least monthly any arrears of taxes which the village may have collected on behalf of the said district. 1919-20, c. 25, s. 265; 366. — (1) On or before the first day of September inTaxroii each year, or as soon thereafter as may be, the secretary treasurer shall enter in the assessment roll for the year in the several columns provided for the purpose, as shown in the form contained in section 234, a statement of all taxes levied against each person as computed at the rate herein- before provided for, and such statement when completed shall show: 1. The sum total of the rates levied against each person for municipal purposes ; 2. The sum total of the rates levied against each person for school purposes; 3. The total taxes due for the current year by each person ; 4. The arrears of numicipal taxes due by each person ; 5. The arrears of school taxes due by each person; 6. The sum total of all taxes due by each person. (2) In the event of the total tax payable by any person M^^mum tax. under this section for municipal purposes being less than $2, the tax to be entered in the roll as payable by such person for such purpose shall be $2. (3) In the event of the total tax payable by any person M^^mum under this section for school purposes being less than $2, the tax to be entered in the roll as payable by such person for such purpose shall be $2. 1919-20, c. 25, s. 266. 367. — (1) The secretary treasurer shall mail to each Mailing person whose name appears on the assessment roll and to the address shown therein notice of the amount of taxes due by such person, 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 facie evidence of the mailing of the notice on the date entered without proof of the appointment or signature of the secretary treasurer, and the absence of any 1558 Cap. 88 VILLAGES Contents ot tax noticp Taxes whero payable entry of such date and initials shall where no address is given be prima facie evidence that the person's address is unknown. (2) Every such notice shall show the property assessed, rate of taxation for the current year as hereinbefore men- tioned, 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 bo prescribofl by the minister. 1019-20, c. 25, s. 267. 268. All taxes levied under the provisions of this Act shall be payable at the office of the secretary treasurer. 1919-20, c. 25, s. 268. Taxes first lien 369. The taxes accruing upon or in respect of any land in the village shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon except claims of the Cro^vn. 1919-20, c. 25, s. 269. Penalty for Qonpayment of taxes 270. — (1) In the event of any taxes remaining unpaid after the thirty-first day of December of the year in which the same are levied, there shall be added thereto by way of penalty a sum equal to eight per centum of the arrears ; and upon the expiry of each succeeding year during which the whole or any portion of the combined amount of taxes and penalty or penalties remains unpaid, an additional sum equal to eight per centum of the arrears shall be added thereto. (2.) Amounts so added shall form part of the taxes which by section 269 are created a special lien upon land. (3) ]S[othing in this section contained shall be construed to extend the time for payment of the said taxes or in any way impair the right of distress or any other remedy pro- vided by this Act, for the collection of the said taxes. 1919-20, c. 25, s. 270. Receipt hoal for taxes 2111, The secretary treasurer shall enter with the date of receipt all amounts paid him for taxes on the assessment roll opposite the lot or parcel of land for which said payment is made and he shall issue an official receipt for every such pay- ment such as may from time to time be approved by the minister. 1919-20, c. 25, s. 271. Arrears first chariE;e on tax payment 2112. In case any person pays only a portion of the taxes due by him the secretary treasurer shall first apply such taxes in payment of any arrears due bv such person. 1919- 20, c. 25, s. 272. Distress for taxes 213. — (1) In case a person neglects to pay his taxes for thirty days after the mailing to such person or his agent of the notice required by section 267, the municipality shall have the right to levy the same, with costs, by distress and VILLAGES Cap. 88 1559 sale 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 within the municipality or of any goods or chattels found on the premises in respect of which the taxes have been levied, the property of or in the possession of any other occupant of the premises, and the costs chargeable shall be the same as those allowed in the schedule to The Distress Act. (2) The secretary treasurer shall by advertisement posted up in at least five widely separated conspicuous places in the village give at least ten days' public notice of the time and place of sale and the name of the person, if known, for pay- ment 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 $1 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 who shall retain the same until the respective rights of the parties have been determined by action at law or otherwise. 1919-20, c. 25. s. 273. 374. — (1) Any taxes or arrears of taxes due to the village Smt for or levied by it may be recovered by suit in the name of the council as a debt due to the village in which case the assess- ment roll shall be prima facte 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 pro- vided by section 267 were mailed as shown by the assess- ment roil. 1919-20, c. 25, s. 274. ACTIONS BY AND AGAINST VILLAGES. 375. In matters arising within the limits of a vilJage.R's'"^^. 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 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 1660 Cap. 88 VILLAGES enforce the same remedies as could have been maintained, obtained and enforced therein bv the Attorney General had he been a party to the said action as plaintiff or as plaintiff upon the relation of any person interested. 1919-20, c. 25, S. -Sii). Notice of aotioD in certain cases 276. In case a bylaw 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 bylaw 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 bylaw or resolution, 1919-20, c. 25, s. 276. Tender of amends 3T7. In case the village tenders amends to the plaintiff or his solicitor if such tender is pleaded and if traversed 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 partj^ may be recovered as in ordinary cases. 1919-20, c. 25, s. 277. EXECUTIONS AGAINST VILLAGES. Procedure on writs of execution in Bheri£F's bands Copy of writ delivered to secretary treasurer Execution rate Sheriff's precept to secretary treasurer 378. Any writ of execution against a village may be indorsed with the direction to the sheriff of the judicial dis- trict in which the village- is 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 indorse- ment to the secretary treasurer of the village with a statement in writing of the amount required to satisfy such execution includino- 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 hi the village and shall in like manner as rates are struck for general village purposes strike a rate sufficient 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 under his hand and seal of office directed to the secretary treasurer of the village and shall annex thereto the roll of such rate and shall by such precept after reciting the writ VILLAGES Cap. 88 1561 and that the corporation 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 the Jj7cTa? rate receipt of such precept, the secretary treasurer shall add a column to the tax roll headed: "Execution rate in A. B. versus the village 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 as aforesaid, and shall, within the time that he is required to make the returns to the general annual rate, return to the sheriff the precept or precepts with the amount levied thereon deducting his per- centage ; 5. The sheriff shall after satisfying the execution and allS"'"^'"^ fees thereon return any surplus within ten days after receiv- ing the same to the secretary treasurer for the general pur- poses of the village ; 6. In case the secretary treasurer of any village against ^^^J'^'g^^^l^.g which an execution has issued is not paid by percentage fixed percentage by bylaw he shall be paid for such collections a sum not exceeding two and one-half per centum. 1919-20. c. 25, s. 278. 379. The secretary treasurer and the assessor shall ^^^ ^^^If^^^ t^nd the purposes of carrying into effect or permitting or assisting ^^^l^^^^f the sheriff to carry into effect the provisions of this Act with court respect to such 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. 1919- 20, c. 25, s. 279. PART VIII. Erection of^Villages into Towns. 380. — (1) No village shall be erected into a town unless Erft'op »< N / c m • 1 Village into it contains over five hundred persons actually resident town therein. (2) Whenever the council deems it advisable that the village be erected into a town it shall pass a resolution to that effect. The said resolution may be in the following form : 1562 Cap. 88 VILLAGES Approval of elector^ Resolved that the council do apply to the Minister of Municipal Affairs for the incorporation of the village of into a town. 1919-20, c. 280. '281. No villait2,e shall be erected into a town unless and until a resolution of the council to that effect has Lcfu approved by two-thirds of the electors voting thereon in the manner provided for the assent of electors to money bylaws. 1919-20, c. 25, s. 281. PublJcatiun of notice 2S2. The secretary treasurer of the village shall upon the approval of such resolution by the electors as aforesaid post up a notice (form A) in three public places in the village and insert the same in one issue of The SasJcatcheiran Gazette and in two consecutive weekly issues of a newspaper published in the village or if there be no such newspa]>er then in the newspaper published nearest thereto, setting forth in the notice the intention of the council to apply on behalf of the village to the minister for the erection of the village into a town. 1919-20, c. 25, s. 282. Application minister for erection into town issue of proclamation The Town Act applicable ^° 383.— (1) At any time not less than one month nor more than two months after the last publication of the said notice the council may apply to the minister for the erection of the village into a town. (2) Every application shall be accompanied by: (a) a fee of one hundred dollars which shall form part of the general revenues of the province; (&) such proof as the minister may require as to the result of the vote of the electors and of the publica- tion and 230sting of the notices as aforesaid, (form B). (3) Upon receipt of the application mentioned in sub- sections (1) and (2) the minister shall appoint a person to take a census of the proposed town; and such person shall report to the minister and to the overseer of the village the result of the census (form C). 1919-20, c. 25, s. 283. . 384. — (1) Upon the fulfilment of the requirements of sections 280, 281, 2.82 and 283, the minister shall present the application of the village to the Lieutenant Governor in Council who may by proclamation erect the village into a town. (2) Every such proclamation shall take effect on, from and after a date to be stated therein. 1919-20, c. 25, s. 284. 385. From and after the erection of any village into a town as hereinbefore provided all of the provisions of The Town Act shall, except as herein otherwise provided for, apply thereto. 1919-20, c. 25, s. 285. VILLAGES Cap. 88 1563 386. The council of the villao'e shall until the election of y'""*^'l a council for the town under the provisions of The Toivn Act contiuup.i , . Ill •! /• 1 until election be (ieemed to be the council for the town and shall have all "f ^"^Y" the powers -and be charged with all the duties of a town council and all the officers of the village shall be and become officers of the town and shall hold office until their successors are appointed. 1919-20, c. 25, s. 286. 387. All books, accounts, records, lists, vouchers, monevs Property ■ c/ delivered to and all other properties of the village shall forthwith on to^ n oierk demand of the town clerk be delivered by the person last holding them to the said town clerk who shall for the pur- pose of receiving the said books, accounts, records, vouchers, moneys and other property be deemed to be the successor in office of the secretarv treasurer of the village. 1919-20. c. 25, s. 287. 388. All bylaws of the village and all regulations made i^ji-'|"\ and thereunder having force and effect in the village at the date to continue of its erection into a town shall continue in full force in the until varied town as bylaws of the said town until amended or repealed by bylaws passed by the council. 1919-20, c. 25, s. 28S. 389. All taxes due to the village shall on its erection into vuiage t,ix.> a town be deemed to be arrears of taxes due to such town. tot..«u 1919-20, c. 25, s. 289. 390. All suits and rights of action bv or against the suus and .,1 1 n c • • • ' 1 • 1 right of village shall alter its erection into a town be continued or acii.n and maintained by or against the town and all debts and liabili- continued ties of the village shall be assumed and paid l)y the town. 1919-20, c. 25, c. 290. ' 391. llic title to and all rights in respect of any real tuIc to estate or other property of the village shall be vested in the village to vest town upon the erection of the village into a town. 1919-20, c. 25. s. 291. SCHEDFLE. EOKM A. {Section 282) Notice is hereby given that it is the intention of the coun- cil of the village of to apply to the Minister of Municipal Affairs for the erection of the said village into a town and that the limits intended to be included therein are as follows: Dated at in the Province of Saskatchewan, this day of 19 . ( Signafiire) Overseer of llie ViJlage of 1564 Cap. 88 villages • FORM B. / . (Section 283) Canada: 1 Province of Saskatchewan, \ To wit : J ^' • u of the village of m the Province of Saskatchewan, (occupation), do solemnly ':■ declare: 1. That I am the overseer of the village of before mentioned ; 2. That on the day of P . a meeting of the council was held at aforesaid ■ .- for the purpose, amongst others, of passing a resolution with a view of applying to the Minister of Municipal Affairs for authorisation to erect the said village- into a town; 3. That on the day of 19 a yote of the electors of the said village was taken to decide on the advisability of incorporating the village into a town and of indorsing the resolution of the council authorising the erection of the said village into a town; that the said resolution was then duly submitted to the electors of the village and approved by at least two-thirds of the electors voting thereon in accordance with the provisions of The Village Act for voting on money bylaws; 4. That on the approval of the resolution as set forth in the last paragTaph there was posted up in three public places in the said village a copy of notice hereto annexed marked Exhibit A, and the said notice was also inserted in one issue of llie Saskaiclieioan Gazette and in two consecutive issues of the newspaper, to wit, in the issues of the following dates, namely : 5. That said newspaper is published in the said village of {or is the newspaper published nearest to the said village) ; 6. That hereto annexed, marked Exhibits B, C and D are the respective issues of The Saskatchewan Gazette and the newspaper referred to; And I make this solemn declaration conscientiously believ- ing 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 Saskat- chewan day of 19 . .4 N.P.. J. P. or Commissioner for Oailis. VILLAGES * Cap. 88 1565 FORM C. (Section 28S) Canada : I Province of Saskatchewan, f To wit: j I, of the of m the Province of Saskatchewan {occupation) do solemnly declare: 1. That I was appointed by the Minister of Municipal Affairs to take a census of the village of with a view to having it incorporated into a town ; 2. That I took such census on {give date) and the census taken by me disclosed the fact that the village contained persons actually resident therein; And I make this solemn declaration conscientiously believ- ing it to be true and knowing tltat it is of the sameforce and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at in the Province of Saskat- chewan this day of 19 . A N.P.. J .P. or Commissioner for Oaths. CHAPTER 89. H An Act respecting Rural Municipalities. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : SHORT TITLE. shon titk- 1. This Act may be cited as The Rural Municipality Act. 1917, c. 14, s. 1. IJSTTERPEETATION. InUrjirelii- t.ion "Aesessur" " Boarding house' ' 'Council' ' ■ Councillor' ' Division'' ' Elector' ' Felony' 'Hamlet" ' Hawker' ■pedler" 2. In this Act, unless the context otherwise requires, the expression : 1. "Assessor" means the assessor of the municipality; 2. "Boarding house" meails and includes every hotel (not being a public hotel), boarding house, lodging house or room- ing house in which there are at least six bedrooms or beds used by or set apart for the use of boarders, lodgers or inmates and for the use of which a charge is made by the owner, tenant, occupant, proprietor or manager; 3. "Council" means the council of a rural municipality ; 4. "Councillor" means a member of the council of a rural municipality ; 5. "Division" means a division of a rural municipality; 6. "Elector" means any person of the full age of eighteen years whose name appears on the municipal voters' list as the owner or o^ccupant of assessable property in the nmnici- pality, or as the resident wife of such owner or occupant ; 7. "Felony" means any indictable offence which since the passing of The Criminal Code is punishable with death or imprisonment for a period of five years or over; 8. "Hamlet" means anv 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 legistration district in which it is situated, but which has not been established as a village; 9. "Hawker" or "pedler" means a person who goes from house to house selling or offering for sale goods, wares or merchandise, or carries and exposes samples or patterns of goods, wares or merchandise for purposes of sale by such sample or pattern or by means of cuts or blue prints, and upon the understanding that such goods, wares and mer- chandise will afterwards be delivered in the municipality to any person who is not a wholesale or retail dealer therein, or who sells such goods, wares or merchandise upon the RURAL MUNICIPALITIES Cap. 89 1567 streets; but does not include any person selling nursery stock, or by retail meat or other products of his own farm, or fish of his own catching, or the bona fide servant or employee of any such person having written authority to sell ; 10. ''Judge" means and shall be held always to have "•'"'Ik^" meant a judge of the district court of the judicial district within which a municipality is wholly or mainly situated; and ''court" or "district court" means the said district court ; 11. "Land" or "property" includes lands, tenements and"^^°*^" hereditaments and any estate or interest therein; 12. "Last revised assessment roll" means the assessment a/^*^lni'*^ roll of the municipality as finally revised by the court of ^°"" revision, or, in case there have been any appeals to the judge, as finally revised b}'' the judge ; 13. "Minister" means the Minister of Municipal Affairs; Mmister- 14. "Misdemeanour" means any offence for which under '^S^Tr • The Criminal Code the penalty is imprisonment for a term of less than five years but not less than two years ; 15. "Municipality" means a rural municipality estab- p^jj^P" lished under the provisions of this Act; 16. "Occupant" includes the resident occupier of land in "o««"p^^'" a rural municipality, or if there be no resident occupier the person entitled to the possession thereof, the leaseholder or holder under agreement for sale and a person having or enjoying in any way for any purpose whatever the use of land in a rural municipality ; lY. "Owner" includes a person who has any right, title, "^""e^"' estate or interest other than that of a mere occupant in land in a rural municipality ; 18. "Person" includes corporations, joint stock companies " Person ■• a'nd partnerships; 19. "Places of public accommodation" means and includes ^'P^^^es «' public hotels, boarding houses, restaurants, sample rooms and accommoda- rest and reading rooms ; 20. "Public hotel" means and includes every place of J^'Pj^p,'«^ public accommodation, supplying lodging and meals to travellers and guests, and licensed as a public hotel under this Act; 21. "Public work" includes lands, streams, watercourses ^PJ'^A*" and propei-ty 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, altera- tions and additions made to any 'public work; 22. "Keeve" means the reeve of a rural municipality; "Reeve" 1568 Cap. 89 RURAL MUNICIPALITIES "Restaurant" 'Secretary" * ' Territorial "nit" " Municipal voters' list' ' ' Treasurer' 23. ^'Restaurant" means and includes every building or part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public, whicli has and regularly uses seating accommodation for serving more than eight paying guests at any one meal; 24. "Secretary" means the secretary or the secretary t I'easurer of the nmnicipality ; 25. ''Territorial unit'' means any portion of Saskatche- wan included within the boundaries of a municipality pro- posed to be organised under this Act as shown on the map referred to in section 9- and not organised as a municipality, excluding therefrom the area of any city, town or village constituted therein ; ■2C). "The municipal voters' list" means the voters' list of the municipality or of any division thereof as finally revised ; 27. ''Treasurer'* means the treasurer or the secretary treasurer of the municipality. (sess. 2), c. 28, s. 2. imr. c. 14. s. 1917 M?fr"ein"°°' '*• Wlicresoever 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. 1917. c. 14, s. 3. Deviation from forms 4. Where forms are prescribed, any deviation therefrom not affecting the substance nor calculated to mislead shall not vitiate the same, and forms to the like effect shall suffice. 1917, c. 14, s. 4. StsT^r'^ •">. Where power to make bylaws, regulations, rules or revoke bylaws oi'dcrs is coufcrred, it shall include the power to alter or revoke the same from time to time and to make others. 1917 14, s. ;>. Extension of time Extension of time by order of minister ^>. Where in this Act a certain date is fixed on or by which certain things are to be done or proceedings had, if it appears that such date was fixed having regard to an earlier fixed date on or by which certain things are to be done or pro- <-eedings had, then notwithstanding anything herein con- tained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. 1917, c. 14, s. 0. (>i' 7. — (1) If anything to be done by oi under this Act at 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. (2) Anything done within the time prescribed by such order shall he as valid as if it had been done within the time fi.xcil b\ or under this Act. 1917. c 14. s. 7. RURAL MUNICIPALITIES Cap. 80 1569 PART I. Municipal Organisation. AREA AND BOUNDARIES OF MUNICIPALITIES. 8. Every municipality shall, in so far as the same is prac-Area of . f -, r^ '1 nc\A municipality ticable, comprise an area of 18 miles square or d24 square miles, and all municipalities shall be laid out on a uniform plan as nearly as the conditions of the system of Dominion lands survey and the physical features of the province will allow. 1917, c. 14, s. 8. 9. The minister shall prepare and keep for inspection, as Map, of J^J^ \ i'iT_n municipalities hereinafter mentioned, a map of the province on which snail be outlined from time to time 'the area and boundaries of municipalities to be hereafter organised, and such boundaries shall be fixed as provided in section 8, commencing at the south-eastern corner of the province. 1917, c. 14, s. 9. 10. The map thus prepared shall at all reasonable hours Map open to ^ . I 1 1 1 . ,. • • inspection be open to inspection, and the boundaries ot every munici- pality petitioned for shall, subject to such variations as may be approved by the minister, correspond with those indicated on the said map. 1917, c. 14, s. 10. AREA AND BOUNDARIES OF DIVISIONS OF MUNICIPALITIES. 11. Every municipality prior to its organisation shall, in Area of so far as the same is practicable, be divided by the minister into divisions of uniform shape and area. Every such divi- sion shall be assigned a number and shall, as nearly as the conditions of survey and the physical features of the prov- ince will allow, comprise an area of 54 square miles which area (unless in the opinion of the minister there are special reasons to the contrary) shall be not less than nine miles in length from north to south, and six miles in width from east to west. 1917, c. 14, s. 11. ORGANISATION OF A MUNICIPALITY, 13. — (1) The Lieutenant Governor in Council may by Organisation order constitute any territorial unit a municipality, assign a name and number thereto, divide the same into divisions as nearly as may be of uniform shape and area, and assign to each division a number. (2) Notice of the organisation of a municipality, giving its name and number and a description of its boundaries and the boundaries of its several divisions, shall be published in The Saskatchewan Gazette. Such notice shall be conclusive evidence of the organisation of the municipality on the date 1570 Cap. 89 RURAL MUNICIPALITIES provided by section 13, and that all the necessary formalitioh required by this Act have been complied with. 1917, c. 14. s. 12. . 13. The order mentioned in section 12 shall take effect onlv on, from and after the second Monday of December 14, s. 13. next following the date of such order 191V, c. ALTERATIONS IN BOUNDARIES OF MUNICIPALITIES. Alterations in 14. The minister may by order, notice of which shall be mu"nicip"uti'eg published in The Saskatchewan Gazette: 1. Sever any portion of a municipality and annex the same to an adjoining municipality ; 2. Annex to a municipality an outlying area adjacent thereto but not included within the limits of any munici- pality ; :>. Alter and adjust the boundaries of two or more coter- minous or adjacent municipalities; 4. Withdraw from a municipality any area established as a village under the provisions of The Village Act. 1917, ('. 14, s. 14. AdjustmL-iit of matters wben Ijoun- daries altered 15. In the event of the boundaries of a municipality being altered as provided in section 14, the minister shall, have power to make due provision for the settlement and adjustment of all matters arising out of such alteration, including the disposition of the assets and liabilities of the municipalities affected ; and every decision of the minister, with respect to such settlement and adjustment shall be final and binding on all parties concerned. 1917, c. 14, s. 15; 1919-20, c. 26, s. 2. Chnnge of divibion boundaries ALTERATIONS IN BOUNDARIES OF DIVISIONS. 16. Upon the receipt of a petition from the council of any municipality, the minister may by order, notice of which shall be published in The Saskatchewan Gazette, alter and adjust the boundaries of one or more of the divisions of such municipality. 1917, c. 14, s. 16. Errors in boundaries MlSDKSCKU'l ION AM) ERRORS IN DEFINING BOUNDARIES. I'T. Xo order purporting to be made under section 12 or section 14 shall be deemed invalid on account of noncom- ])liance with any of the matters required as preliminary to such order: and no misnomer, inaccurate description or omission in any such order shall suspend or impair the operation of this Act with respect to the nuitter misdescribed or omitted. 1917. e. 14, s. 17. RURAL MUNICIPALITIES Cap. 89 1571 18. Any misdescription or other error in an order made correction of by the minister under the provisions of this Act may by any subsequent order be corrected and confirmed with such correction as of the date on which it was made by the minister. 1917, c. 14, s. 18. BOUNDARY LINES OF MUNICIPALITIES AND DIVISIONS. 19 — (1) For the purposes of this Act, when a munici- J?°^J»<^*''y pality or division is wholly or in part described as compris- ing certain townships, parts of townships or sections in accordance with the system of Dominion lands survey, the boundary lines of such municipality or division, except as varied by the description given in the notice required by section 12 shall, be the posted side of the road allowance hetween adjoining sections or townships, except in the case of correction lines where the south side of the road allowance shall be the boundary. (2) A road allowance between an Indian reserve and a municipality shall be deemed to be in the municipality, not- withstanding anything herein to the contrary. (3) In the case of those municipalities bordering upon the Province of Manitoba, one-half of the roadway lying to the east of them shall be and be deemed to be included within their respective boundaries, notwithstanding anything herein contained. 1917, c. 14, s. 19. DISORGANISATION OF MUNICIPALITY. 20. — (1) The Lieutenant Governor in Council may by D^^organiaa- order, notice of which shall be published in The Saskatche- wan Gazette, declare that on and after a day therein to be named any municipality shall be disorganised, and there- upon the municipality and the council thereof shall cease to have or enjoy any of the rights, powers and privileges vested in such corporations by this Act. (2) Upon such disorganisation the minister may appoint one or more persons to adjust and settle the assets and liabilities of the municipality. (3) The persons so appointed shall have full power and authority to sell, dispose of and convert into money all the assets and property of the municipality, and they shall apply the same so far as it will extend, first in payment of the nmnicipal liabilities, and secondly in payment of their own remuneration as hereinafter mentioned, and shall then ■divide the surplus, if any, pro rata among the electors of the municipality entitled to share therein. (4) In case the amount realised is insufficient to satisfy the liabilities of the municipality and their own remunera- Tioii. such persons shall have full power and authoritv to 1572 Cap. 89 RURAL MUNICIPALITIES assess, levy, collect and enforce payment, in the same manner as a council and its officers are authorised to do by this Act, of such sum as may be required to satisfy such indebtedness or any balance thereof remaining unpaid and all expenses connected therewith, including their remuneration which shall be fixed bv the minister. 1917, c. 14, s. 20. PART II. Municipal Council. CONSTITUTION OF COUNCIL. S'counou°° ^-^ (1) '^^^ council of every municipality shall consist of a reeve who shall be head thereof, and one councillor for each division. (2) The reeve shall hold office for one year, and each councillor shall, save as hereinafter provided, hold office for two years. (3) The councillors elected for the odd-numbered divi- sions at the election first held after the organisation of the municipality shall hold office for one, and the councillors elected for the even-numbered divisions for two years, respec- tively. 1917, c. 14, s. 21. Form of oatL of oflSce OATHS OF OFFICE. 33. — (1) Every member of the council 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: 1. That I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office {inserting the name of the office) to which I have been elected (or appointed, as the case may he) in this municipality; 2. That I have not received any payment or reward or promise thereof for the exercise of any partiality or malver- sation or undue execution of the said office ; 3. That I have not by myself or partner either directly or indirectly an interest in any contract with or on behalf of the said municipality (except that arising out of a contract for the publication of an advertisement in the newspaper) save and except that arising out of my office as {naming the office). (2). In the case of poundkeepers, paragraph 3 of the above form may be omitted. 1917, c. 14, s. 22. RURAL MUNICIPALITIES Cap. 89 1573 *^3 — (1) Except as hereinafter provided the person |^^P°^f*°^tjj making such declaration shall, before entering upon the ■duties of his office, deposit the same in the office of the secretary, (2) In the case of the councillors first elected for a munici- pality, the said declaration shall be handed to the reeve at the first meeting of the council to be afterwards deposited by him with the secretarv of the municipality. 1917, c. 14, .^. 23. COUNCIL A CORPORATION. 34. Every municipality is hereby declared a body cor- Municipality porate, and the name of the body corporate shall be "The corpomte Rural Municipality of (naming the same) I^o. ." lOlY, c. 14, s. 24.' CHANGE OF XAME. 35. The minister may from time to time alter the name Change of of a municipality upon the petition of the council, and notice "'^""^ of such alteration shall be published in The Sasl-atcheivan Gazette. In such case the seal theretofore used by the muni- cipality shall continue to be the seal thereof until changed by the coimcil. 1917, c. 14, s. 25. 36. No change in the name of a municipality made in Effect of accordance with the provisions of section 25 shall affect any** *"** obligation, right, action or property incurred, established, done or ncquired prior to such change. 1917, c. 14, s. 26. MEETINGS OF COUNCIL. 37— (1) The first meeting of each council shall be held """' ""**"" on the first ]\Ionday in January, except when that day is a public holiday, in which case such meeting shall be held on the next subsequent day which is not a public holiday, and the council of the previous year shall hold office until the new council meets : Provided, however, that the first council elected in any municipality shall hold office from the date of the election. (2) Such meeting shall be held at an hour and place to be fixed by the secretary, and written notice thereof shall I'H? given by the secretary to each member of the council bv mailing the same to his address at least eight clear days prior ro the date of meeting, or by delivering it to each member of the council personally, or in the absence from his residence of any meml>er of the council to any adult person thereat, at least three clear days prior to the date of meeting. 1917, •c. 14, s. 27. 1574 Cap. 89 RURAL MUNICIPALITIES Regular meetings Special meetings Waiver of notine of inoeting 28. The council may at aiiy meeting at which all the members are present decide by resolution to hold regular meetings. Such resolution shall state the day, hour and place of every such meeting and no notice of any such meeting shall be necessary. 1917, c. 14, s. 28. 39. — (1) A special meeting of the council shall be called by the secretary when he is required so to do in writing by the reeve or by any three members, and written notice of every such special meeting stating the time and place when and where it is to be held and in general terms the nature of the business to be transacted thereat shall be given by the secretary in the manner provided by section 27. (2) JSTo business other than that stated in the notice shall be transacted at the meeting unless all the members of the council are present, in which case by unanimous consent any other business may be transacted. 1917, c. 14. s. 29. 30. The council may by unanimous consent waive notice of any first, special or other meeting and hold a meeting at any time, but every membcx of the council must be present at such meeting. 1917, c. 14, s. 30. Place of meeting 31. Every meeting of the council shall be held either in the municipality or in a city, town or village the area of which touches at some point the limits of the municipality : Provided that by the unanimous consent of the council its meetings may be held at any point outside the limits of the municipality. 1917, c. 14, s. 31. Meeting regulations PROCEEDINGS AT MEETINGS. 33. Every council may make rules and regulations not contrary to law for governing its proceedings, calling meet- ings, the conduct of its members, appointing committees and generallv for the transaction of its business. 1917, c. 14. s. 32. Quorum 33^ ^ majority of the whole council shall be necessary to form a quorum, and no business shall be transacted unless there be a quorum. 1917, c. 14, s. 33. Reeve to preside 34. The reeve shall preside at every meeting of the council and he shall preserve order and enforce the rules. 1917. c. 14, s. 34. Deputy reeve 35^ rpj^^ couucil shall, at its first meeting and every three months thereafter, elect one of its members as deputy reeve who shall hold office for three months or until his successor is appointed, and in case the reeve through illness, absence RURAL MUNICIPALITIES Cap. 89 1575 or any other cause is unable 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. 1917, c. 14, s. 35. 36. In the absence of the reeve and deputy reeve from a CJiiairmac t meeting, another member of the council shall be elected as chairman to preside at such meeting. 1917, c. 14, s. 36. preside 37. ]^o act or proceeding of a council shall be deemed ^aii^unie, valid or binding on any party which is not adopted at a ^'^"u^i*^'^'^ '" regular or special meeting of the council. 1917, c. 14, s. 37. ""-fting 38. Every question shall be submitted to the council on Motion? need the motion of the reeve or any other member thereof, and seconded no seconder shall be required. 191Y, c. 14, s. 38. 39. At every meeting of the council all questions shall be Question decided by a majority of votes. The reeve, deputy reeve or majority'' chairman of the council, as the case may be, shall have the right to vote, but in case of an equality of votes the question shall be decided in the negative. 1917, c. 14, s. 39. 40. The reeve when present and all the councillors present Members of shall vote in council on every division. 1917, c. 14, s. 40. vote" 41. The council shall hold its ordinary meetings openly Meeting.- and no person shall be excluded except for improper con- """^ °^^" duct; but the person presiding may cause to be expelled and excluded any person who is guilty of improper conduct at the meeting. 191Y, c. 14, s. 41. REEVE. 43. The reeve shall be the chief executive officer of the Duties municipality, and it shall be his duty to be vigilant and active in causing the laws governing the municipality to be duly executed, to inspect the conduct of all municipal officers and so far as in his power to cause all negligence, careless- ness and violation of duty to be duly prosecuted and punished, and to communicate from time to time to the council all such information and recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the municipality. 1917, c. 14, s. 42. 43. The reeve may suspend anv municipal officer, and P"^" f;f t' ^ '•11 suspension he shall thereupon report such suspension and the reasons therefor to the council who may either dismiss or reinstate the suspended officer. Tn case he is afterwards dismissed, such officer shall receive no salary or remuneration from the date of suspension. 1917, c. 14, s. 43. 1576 Cap. 89 RURAL MUNICIPALITIES Appointment ot special constables 44. The reeve may at any time and from time to time, by writing under his hand, appoint and engage one or more special constables within the municipality for such time not exceeding fifteen days as shall be stated in the appointment ; hilt the authority of any such constable shall cease if his ajipointment is not confirmed at the next regular meeting of the conucil. 1017, c 14. s. 44. Public meeting 45. If so requested at any time by the written petition of twenty electors, the reeve shall by public notice conspicu- ously posted in at least ten widely separated places in the municipality call a ])iil)lic meeting of the electors for the discussion of mnuicipal affairs or of any matter relating thereto. 1917, c. 14, s. 45. Payment of council 4(> (1) Every council may pass a resolution for paying the members thereof a sum not exceeding $5 per diem for the reeve and $4 per diem for each councillor for each meet- ing, and ton cents for every mile necessarily travelled in o'oinff thereto and retnrninff therefrom. (2) The total number of meetings for which each coun- cillor may bo paid during the year for which he is elected shall not oxcood fifteen. (■]) In case a meeting of the council is held outside the limits of the nmnicipality, no member of the council shall be ]>aid for the mileage travelled by him beyond such limits. 1917, c. 14. s. 46; 191S-19, c. 37^ s. 2. Payment of councillors 47. — ( 1 ) E\-orv council may ])ass a resolution for paying the nionil)ors a sum not exceeding $5 per diem for the reeve and $4 /in- die in for a couiicinor. and ton cents for every niilo ros]>octi\-oly necessarily occupied or travelled in laying out or inspecting work done in the municipality for periods not oxcooding in I ho agsrogato ton days in each vear. (2) The work so performed shall be duly authorised by a resolution of the council excepting where the duties per- formed are of an emergent nature, in which case the payment or nonpavment of the members' foes for such work shall be af tlio discretion of the council. (3) A special report setting forth the work done by such members and the remuneration received therefor under this section shall be prepared and submitted to the ratepayers at the next nomination meeting of the municipality, and a copy of such report shall be mailed to the minister. 1917, c. 14, s. 47: 1918-19, c. 37, s. 3. remuneration ^^' — (^^ ^^ member of the council shall receive rerau- prohibited noration for his services, except as provided in this Act. RURAL MUNICIPALITIES Cap. 89 1577 (2) Any member accepting any further or other remu- neration shall be guilty of an offence, and liable, on summary conviction to a fine not exceeding $50, and, in default of payment thereof forthwith, to imprisonment for a term not exceeding three months, or to both; his seat in the council shall thereupon become vacant, and lie shall be disqualified froiii holding office under this x\ct for two years after the date of conviction. 1917, c. 14, s. 48; 1918-19, c. 37, s. 4. COMMITTEES. 49 (1) 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 matter for consideration, inquiry, management or regulation. It may also 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 bylaw or enter into a contract. (2) Every committee to which any duty or power is dele- gated as aforesaid may exercise or perform the same in like manner and with the same effect as the council. (3) Every such committee shall be subject in all things to the council and shall carry out all directions given to it by the council. 1917, c. 14, s. 49. VACANCIES. 50 (1) Any reeve or councillor wishing to resign his ^^^'8"^**°° seat in the council may do so at any time by sending notice in writing of such resignation to the secretary, and the said resignation shall take effect and the seat shall become vacant upon receipt of the notice by the secretary. (2) Every such notice shall be brought to the attention of the council at its next meeting, and immediate steps shall be taken by the council to fill the vacancy. 1917, c. 14, s. 50. 51. If, after the election of any person as a member of peciamtion the council, he is convicted of felony or becomes insolvent within the meaning of The Bankruptcy Act, or of any Act in force in the province respecting insolvency, or assigns his property for the benefit of creditors or absents himself from the meetings of the council for three consecutive months without being authorised so to do by a resolution of the council, the seat of such person in the council shall forth- with become vacant. 1917, c. 14, s. 51. 52. If a seat in the council becomes vacant by death, vacancy resi^-natiori o^- otborwi=o tbo oouncil shnll forthwith appoint a retMruiuP: officor to bold an oloction to fill the vacancy for 1578 Cap. 89 RURAL MUNICIPALITIES the remainder of the term, 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 I^ovembor in the year with which the term expires, such election shall not take place. 1917, c. 14, s. 52. Minister may appoint C'lnci'lor A 1- I'u I -\ T KD COUjVCI LLORS. 53. Whenever the residents of any division of a munici- pality constituted under this Act neglect or refuse to elect a councillor, the minister may appoint some one to act as councillor in such division. 1917, c. 14, s. 53. Governo^L ^^' — C"'-) '^^^ Lieutcnaut Governor in Council may at Council ma> -^^j^y time appoint some person to act as councillor for one appoint " I, T . . . . whole council or more of the divisions of a municipality, or may appoint some person or persons to act as reeve and councillors for all the divisions of the municipality. Every person so appointed shall have all the powers and authorities conferred by this Act on elected members of the council and shall be remu- nerated out of the funds of the municipality or otherwise as the Lieutenant Governor in Council may determine. (2) Upon the appointment of anyone to act as aforesaid, previously elected members of the council in whose stead such appointment is made shall cease to hold office. (3) When one person has been appointed to act as reeve and councillors of a municipality, the same person may be appointed to act as secretary treasurer. 1917, c. 14, s. 54. Returning oflScer PART III. Municipal Elections. FIRST ELECTION FOR REEVE AND COUNCILLORS. •55. — (1) The minister shall appoint a returnina officm- for the first election in each municipality constituted under section 12 hereof, and such appointment may be made ai any time after the date of the order constitutino- the munici- pality and before such order takes effect. (2) Such returning officer shall at least two weeks prior to the last ^londay of ISIovember in the same year: (a) fix a ]ilaee for the nomination meeting; (b) fix a polling place in each division ; (c) appoint a deputy returning officer for each polling place. 1917, c 14. is. 55. RURAL MUNICIPALITIES Cap. 89 1579 56. The following fees and expenses and no others shall ^*'*'' be allowed to the several officers mentioned respectively for their services and disbursements at the first election of a reeve and council : To Eefvrnlnrj Officers. 1. When no poll held, $20; 2. When poll held, $35; I). For necessary printing, the actual reasonable cost ; 4. For providing ballot boxes, the actual reasonable cost. To Deputy Returning Officers. 5. When poll held, $5; 6. For providing polling booth, the amount actually paid or agreed to bo paid, not exceeding $3. 191 Y, c. 14, s. 56. 57. Until such time as the secretary is appointed the secretary returning officer at the first election for a reeve and coun- cillors in a municipality shall have and exercise all the powers and duties of such secretary as prescribed by section 27 and by sections 123 to 129 inclusive hereof. 1917, c. 14. s. 57. 58. Where a portion of a rural municipality is comprised or^^nag"'*" within a town or village school district, the secretary of such prige^^in^uVai municipality shall, on or before the fifteenth day of I^ovem- ™""i<-ip«iity ber in each year, furnish the city clerk, the town clerk or the secretary treasurer of the village school district, as the case may be, with a list of the persons of the full age of twenty-one years qualified to vote in such portion, certified to be correct and distinguishing between public and separate school supporters. 1917, c. 14, s. 58. 59 — (1) The secretary of every municipality shall, on or votera' list before the first day of !N^ovember in each year, prepare- a list 'if all persons whose names appear on the last revised assess- ment roll of the municipality and shall add thereto the name of every woman who is the wife of any such owner or occupant, and who resides with her husband on land in the municipality, and such list, which shall be in the form fol- lowing, shall be arrano:ed according to the divisions of the tnunicipalitv and shall be known as "The Municipal Voters' List": 1580 Cap. 89 RURAL MUNICIPALITIES Voters' List of the Rural Municipality of Xo. . Division No. For the year Particulars No. on list Name of voter o o m o Description of property Owner or occupant or resident wife No. of acres a O '-^ o Oh a .2 u rATiON Paper, We, the undersig-ned electors of the Rural Municipality of ITo. , hereby nominate {name, residence and occupation of the person nominated) as a candidate at the election now about to be held of a reeve for the said municipality {or a councillor for Division I^o. of the said municipality, as the case may he). Witness our hands this day of 19 . Signatures of Electors. Candidate's Acceptance. I the said named in the f ore- Candidate'a X, uiic oaivx ^ acceptance going nomination, hereby state: 1. That I am of the full age of twenty-one years; 2. That I am an elector of the rural municipality of ^o. ; 3. That all taxes due by me as shown by the assessment roll of the said municipality are paid; 4. That I am a British subject; 5. That I am not otherwise disqualified; 6. That I will accept the office, if elected. Signed in the presence of Signature of Witness. Signature of Candidate. 1917, c. 14, s. 77 ; 1919-20, c. 26, s. 4. 1586 Cap. 89 RURAL MUNICIPALITIES Nomication 7g — Qj j^q svLch nomination shall be valid unless- tIh' accomp'imea '■ -' by acceptance nomination paper is accompanied hy the candidate s aoeept- Perjalty ance, as above provided. (2) Any person signing the candidate's acceptance who therein makes any false statement, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 and costs; and in case such person has been elected a member of the council, his seat shall forthwith become vacant. 1917, c. 14, s. 78; 1919-20, c. 26, s. .5. Place and date of poll T9. In the event of more than the required number of persons being nominated for one or more divisions, 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 week following) and the place within each division where the votes are to be polled, and also the time and place at which the result of the polling will be declared. 1917, c. 14, s. 79. Withdrawal 80. A person nominated as candidate may withdraw at any time within forty-eight hours after the close of the nomination meeting by filing with the returning officer a declaration in writing to that effect, signed in the presence of two witnesses or of the returning officer. 1917, c. 14, s. SO. Notice that there will be DO poll 81. If, by reason of such withdrawals, the numlicr of candidates remaining in nomination for an office does not exceed the number required to be elected for that office, the polling for such office shall not take place, but the returning officer shall forthwith post up a notice in the following form, and such notice shall be given in such divisions of the muni- cipality as may be required in the manner provided Hy section / 5 Notice. No. Municipal has Rural Municipality of Elections 19 . Division No. Whereas nominated for the office of withdrawn his candidature for the said office, leaving the only candidate, I hereby give notice that no voting for the said office will take place on the day of (dafe of polling). Dated under my hand at this dav of 19 . Returning Officer. 1917. c. 14, s. 81. RURAL MUNICIPALITIES Cap. 89 1587 TIME AND NOTICE OF POLL. 83. — (1) When a poll is required to be taken for the ?^°5"'''°' election of a reeve or councillor, it shall be held on the same day of the week as the nomination for the said election but in the next week following. (2) Every such poll shall be open from the hour of nine o'clock in the forenoon to five o'clock in the afternoon (mountain standard time) in each division of the munici- pality, when the election is of a reeve, and in each division of the municipality in which the poll is required to be held for the election of a councillor. 1917, c. 14, s. 82 ; 1919-20, c. 26, s. 6. 83. I^otice 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 75, and every such notice shall be in the form following: Notice of Poll. Kural Municipality of No. . Municipal Elections 19 . Public notice is hereby given that a poll has been granted for the election of a reeve for the municipality and of a councillor for divisions No. {as the case may he) for the year 19 , that 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 (mountain standard time) at {specify polling places), and that I will at {describe the place) on {day of lueek) the day of 19 , at noon, sum up the votes and declare the result of the elections. Given under my hand at this day of 19 . Notice of poll Returning Officer, 1917, c. 14, s. 83; 1919-20, c. 26, s. 7. PREPARATIONS FOR POLL. 84. If SO authorised by the council, the returning officer Poii oierk and each deputy returning officer may appoint a poll clerk who, in the absence of the returning officer or deputy retur^- ing officer for any -cause, shall have all the powers of the said returning officer or deputy, as the case may be. 1917, c. 14, s. 84. 85. The returning officer shall procure for each division Baiiot box of the municipality a suitable ballot box to be made of some dry durable material, and each box shall be provided with a Vol. IL— 15. 1588 Cap. 89 RURAL MUNICIPALITIES lock and key and shall be so constructed that the ballots can be deposited therein and cannot be withdrawn therefrom unless the box is unlocked. 1917, c. 14, s. 85. li'.'-y 1 ' J .J i zj J L ij Av/ Liv;i J -i :ii t* Ballot papers 86. The returning officer shall also cause to be printed or prepared a supply of ballots sufficient for the purposes ' of the election. 11)17, c. 14, s. 8G. Printed or written 87. The ballot papers shall be either printed or written or partly printed and partly written, and separate ballots of different colours shall be provided for the election of reeve and councillors. 1917, c. 14, s. 87. Form for reeve Form'foi ooiincillor 88. The ballots for the election of a reeve shall contain -'the names of the candidates duly nominated arranged alpha- beticallv in the order of their surnames, and shall be in the a-.<-i!-i (> ■:■: 1 M r ,r, ■ i ! 'T t::r; •" i 'A t'^'Tx f i( 1917, c. 14, s. 88. J. a 89. The ballots for the election of councillors shall be prepared for each division of the municipality, shall contain the names of the candidates duly nominated for each such division arranged alphabetically in the order of their sur- names, and shall be in the following form: COUNCILLORS: DIVISION No Black, William Foster, Jane ■ , . . , , J : . :. , .. Smith, Frank 1917, c. 14, s. 89. 90. Before the opening of the poll the returning officer shall deliver or cause to be delivered to every deputy return- ing officer the ballots which have been prepared for use in RURAL MUNICIPALITIES Cap. 89 1589^ the division for which such deputy returning officer has been appointed to act, and such other materials as are necessary in order to enable the electors to mark their ballots. 1917, c. 14, s. 90. '" 91. The returning officer shall, before the opening of the ?;'; v"„te™ poll, cause to be prepared such number of printed directions for the guidance of voters as he may deem sufficient, and such directions shall be printed in conspicuous characters and may be according to the following form : Directions foe the Guidance of Voters. The voter will 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 con- tains the name of such candidate. The voter will fold up the ballot so as to show the initials of the deputy returning officer signed on the back, and leaving the compartment will, without showing the front of the paper to any person, deliver such ballot so folded to the deputy returning officer and forthwith quit the polling place. If the voter inadvertently spoils the ballot, he may return it to the deputy returning officer who will give him another. If the voter votes for more candidates for any office than he is entitled to vote for, his ballot 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 by which he may afterwards be identified, or if the ballot 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 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. 1917, c. 14, s. 91. PROCEEDINGS AT THE POLL. ■4 93. On the day fixed for the taking of a poll, the deputy ff,^^^^ returning officer shall be present at the polling booth in hisoffi"" division at least fifteen minutes before the time fixed for opening the poll. 1917, c. 14, s. 92. 93. Every polling booth shall be furnished with a com- v°^°|,t„3„t partment (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. 1917, c. 14, s. 93. 1590 Cap. 89 RURAL MUNICIPALITIES Posting directioD.s 94. Every deputy returning officer shall before the open- ing 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 91, 1917, c. 14, s. 94. Secretary furoiahes copies Secretary furnishes copies of voters' list 95. The secretary shall prior to every election furnish the returning officer with at least two copies of section 91 for each polling place for distribution to his deputies, and it shall be the duty of the deputy returning officer to post the same in conspicuous places at his polling place and to see that they are kept so posted up during the hours of poll- ing. 1919-20, c. 26, s. 8. 96. 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 to furnish to the returning officer for distribu- tion to his deputies such number of copies of the said list as the returning officer may require. 1917, c. 14, s. 96. Poll book 97. The returning officer shall also furnish to each deputy returning officer a poll book in which shall be entered the record of the poll, and such poll book shall be in the follow- ing form: Poll Book. Eor of Division No. of The Kural Municipality Ko. Record of Election held this day of 19 , for the election of (state purpose of election). Name of voter His or her No. on voters' liat Voted for Sworn or refused to swear Remarks Reeve Coun- cillor • 1917, c. 14, s. 97. Agents 98. Any person producing to the deputy returning officer a vn-itten authority to represent a candidate as his agent at the polling place shall be recognised as such by the deputy returning officer, but not more than two agents of any can- didate shall be entitled to be present at the same time in any polling place during the voting or counting of votes. 1917, c. 14, s. 98. RURAL MUNICIPALITIES Cap. 89 1591 99. The persons entitled to be present at any one timejr™^^^^ in any polling booth during the hours of polling shall be p°i1'°b ^ooth the returning officer, the deputy returning officer, the poll clerk and the candidates for reeve, any candidate for coun- cillor and not more than two agents of any such candidate and one voter. 1917, c. 14, s. 99. 100. At the time fixed for the opening of the poll the Opening deputy returning officer shall declare the poll open and announce that he is prepared to receive votes for the candi- dates nominated. 1917, c. 14, s. 100. to 101. — (1) The persons entitled to vote for reeve orPf'^-^""? councillor shall be the electors of the municipality. voie (2) In the case of an annual or general election eachPr"cdure elector shall be entitled to vote once only for reeve and elector's /. .•.■, -, . 1 . 1 name in nin once lor councillor, and m case nis name appears on the than one voters' list for more than one division he shall vote in that vot cVs- i?st division and in that division only which he has selected by notice in writing given to the secretary treasurer before castins: his ballot. to (3) Such notice may be deposited with the deputy returning officer for the secretary treasurer, and such deposit shall have the same effect as if the notice had been served upon the secretary treasurer personally. The deputy return- ing officer shall forward all such notices with his return to the returning officer, who shall transmit the same to the secretary treasurer together with the ballot boxes and state- ments as required by section 123. (4) An elector who has given the notice mentioned in the preceding subsections shall be bound thereby as long as he remains on the voters' list for the division which he has designated on the notice. (5) The wife of an elector who has given such a notice shall, while living with her husband, vote in the division in which her husband votes. (6) In the case of a special election for councillor of a division, no elector shall vote who is not entitled to vote in the same division at an annual or general election. (7) Any person whose name appears on the voters' list for more than one division, who votes in a division which he has not selected by notice in writing as hereinbefore required, shall be guilty of an offence and liable on summary convic- tion, to a penalty of not less than $5 nor more than $25. 1917, c. 14, s. 101; 1919-20, c. 26, s. 9. 1692 Cap. 89 RURAL MUNICIPALITIES Vote prior to first voters' list t 'I' 'Ut'i 'f.i': DECLARATION OF ELECTORS. 102. — (1) In the case of 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 CmLA-AAV^X^. fJV.J-WA'^ AXV^ XtJ XJ.C4.XA OAwAX U, rj.\^\^AW.A CX K> A.\^ XS in the form following, and the deputy returning officer shall permit every person who signs the said declaration to vote and shall record in the poll hook the name of each person who so signs. Taken this -■ •>' ' ■' day of -'''"^ 19 . The under- signed severally declare each for him (her) self: , 1. That he (she) is of the full age of eighteen years; 2. That he (she) is the owner or occupant of assessable land in the division (or that she is the wife of who is the owner or occupant of assessable land in the division, and that she resides with him on such land). -V JMli j ii I iUjlr Name -Jib ihhT/ l>9i i?:0<"r4 ti.soqoi;> Land voted on yd -ruiu J 'iu; Voter's name must be on voters' list ■ (2) At such election each person signing the said declara- tion shall be entitled to vote once only for reeve and once only for councillor, and in case he is the owner or occupant of assessable land in more than one division, he shall vote in such division as he may select. p (3) Any person subscribing the declaration aforesaid who therein makes any false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $20. 191Y, c. 14, s. 102. nr, fri)!?,fvrl) 'td1 it? '■ fw ^n [a 103. — (1) In the case of 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 under a name apparently intended for him is on the list supplied to such deputy by the returning officer, and the deputy returning officer or poll clerk shall record in the poll book the name of each such person. Voters must (2) The dcputy returning officer shall not permit any person to vote whose name does not appear on the said list. 1917, c. 14, s. 103. RURAL MUNICIPALITIES Cap. 89 1593 104. Before a ballot is handed by the deputy retiirningSwearing officer to a voter, he shall ask if there is any objection to demand of allowing the person before him to vote, and in case any candidate or his agent objects it shall be the duty of the officer to administer to such person the following oath: , You swear (or solemnly affirm) that you are the person named (or intended to be named) by the name of '':. r.-- in the municipal voters' list now shown to you (showing the list to the voter) ; i That you are of the full age of eighteen years ; i That you have not voted before in this municipality for councillor (and if ballot for reeve is asked for or for reeve) at this election; ^,iii.> ,. ., 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 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 service connected there- with; 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. 1917, c. 14, s. 104. 105. If the voter takes the said oath or affirmation the Entry of deputy returning officer or poll clerk shall enter opposite book such person's name in the proper column of the poll book the word "sworn" or "affirmed" according to the fact. 1917, c. 14, s. 105. ^'106. Whenever a voter is required to take the said oath Refusal of ■*'• rv. . Til" 1 IT • voter to be or affirmation and he refuses to do so, the deputy returning sworn officer or poll clerk shall enter opposite the name of such person in the proper column of the poll book the words "refused to swear." Such person shall not be allowed to vote but shall be required to immediately leave the polling booth, and he shall not be allowed to again enter the same on the day of election for any purpose whatever. 1917, c. 14, B. 106. X 107. When the proper entries respecting a person who Deputy rcturDinft 'presents himself to vote have been made in the poll book in officer the manner heretofore provided, the deputy returning officer baiiot paper shall sign his initials on the back of the ballot to which such person is entitled and hand the same to him. 1917, c. 14, 8. 107. 1694 Cap. 89 RURAL MUNICIPALITIES Explanation of method of votine Incapacity of voter 108. The deputy returning officer 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. 1917, c. 14, s. lOSi 109. In the ease of a voter who is incapacitated by blind- ness or other physical cause from marking his ballot, the deputy returning officer shall, in plain view of the candi- dates or their agents, cause the vote of such person to be marked on a ballot, for the candidate directed by such person and shall cause the ballot to be deposited in the ballot box. 1917, c. 14, s. 109. Penalty for omismon to initial ballot paper Penalty for double vote Evidence of voting Method of ▼otins 110. Every deputy returning officer who refuses or wilfully omits to sign his initials upon the back of any ballot as provided by section 107 shall forfeit to any person aggi'ieved by such refusal or omission the sum of $100 in respect of every ballot deposited in the ballot box at his polling place upon which the said returning officer has not signed his initials as aforesaid. 1917, c. 14, s. 110. 111. Any person who votes oftener than he is entitled to under the provisions of this Act shall incur a penalty of $50. 1917, c. 14. s. 111. 112. The receipt by any voter of a ballot within the polling booth shall be prima facie evidence that he has there and then voted. 1917, c. 14, s. 112. 113. — (1) Upon receiving from the deputy returning officer the ballot prepared as aforesaid the voter shall forth- with proceed into the compartment provided for the purpose, and shall then and there mark his ballot in the manner mentioned in the directions contained in section 91 by plac- ing a cross (thus X) on the right hand side opposite the name of any candidate for whom he desires to vote, or at any place within the division which contains the name of the candidate; he shall then fold the ballot 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 leaving the compartment shall, without showing the front to anyone or so displaying the ballot as to make known to any person the name of the candidates for whom he has or has not marked his ballot, deliver the ballot so folded to the deputy returning officer, 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, verify his own initials and at once deposit the paper in the ballot box in the presence of all persons entitled to be present and then present in the polling place; and the voter shall forthwith leave the polling place. RURAL MUNICIPALITIES Cap. 8 9 1595 (2) Whenever the ballot of a voter has been deposited in the ballot box as provided by subsection (1), the deputy returning officer or poll clerk shall enter in the poll book in the proper column or columns after the voters' name the word ''voted." 1917, c. 14, s. 113. 114. While a voter is in a voting compartment for the secrecy of purpose of marking his ballot, 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. 1917, c. 14, s. 114. 115. — (1) No person who has received a ballot from the Forfeiture deputy returning officer shall take the same out of the polling vote place. (2) Any person, who has so received a ballot and who leaves the polling place without first delivering the same to the said officer in the manner prescribed, shall thereby for- feit his right to vote ; and the said officer shall make an entry in the poll book in the column for remarks to the effect that such person received a ballot but took the same out of the polling place or returned the same declining to vote, as the case may be. (3) In the latter case the said officer shall immediately write the word "refused" upon such ballot paper and shall preserve the same. 1917, c. 14, s. 115. 116. A person claiming to be entitled to vote, who has Voter may -.-in .11.111 • 1 xi J. 'i obtain second inadvertently dealt with his ballot m such a manner that it bai lot paper cannot be conveniently used as such, may, on delivering to the deputy returning officer the ballot so inadvertently dealt with, receive another in its place; and the said officer shall immediately write the word "cancelled" upon the ballot so delivered to him, and shall preserve the same. 1917, c. 14, s. 116. PROCEEDINGS AT CLOSE OF POLL. 117. Immediately at the hour of five o'clock (mountain cio.e of poii standard time) the deputy returning officer shall declare the poll closed : Provided that in case, when the poll is so closed, there is a voter in the polling booth who desires to vote he shall be permitted to do so but no other voter shall be allowed to enter the polling booth for this purpose. 1917, c. 14, s. 117. 118. Immediately after the close of the poll the deputy "p^^^lf^^ returning officer shall, 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 as follows : 1596 Cap. 89 RURAL MUNICIPALITIES Counting Totes Objections noted Count L; Signed xtatement Ilocf '.« •^^- Certificatc of count Sealing packets of ballot papers 1. He shall examine the ballots individually, and any ballot which is not initialed as herein provided or on which more than one vote is given or on which anything 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 not be counted but shall be set aside as rejected; 2. The deputy returning officer shall take notice of any objection made by a candidate or his agent or any elector authorised to be present to any ballot found in the ballot box, and shall decide any question arising out of the objection; 3. The deputy returning officer shall then count up the votes given for each candidate upon the ballots not rejected as aforesaid, and shall enter in the poll book a written state- ment in words as well as in figures of the number of votes given for each candidate and of the number of ballots rejected and not counted by him, which statement shall be made under the followino- heads : (a) the number of the division and the name and iPAii .!• number of the municipality and date of election; (h) the number of persons who voted at the polling OiAJ oi. booth; • .'-.. i'.utwi-.-; aw (c) the number of votes for each candidate for reeve; yJ^' (d) the number of votes for each candidate for coun- {{jida : cillor; .- -^ ;;i . . ' i..i^.y.; (e) the number of ballots supplied to the deputy returning officer; (/) the number of rejected ballots for reeve; (g) the number of rejected ballots for councillor; ;i (h) the number of cancelled ballots and ballots marked fiiui^ ■iM->:"refused" ; 4. tJpbn completion of the written statement the deputy returning officer shall make, separate from the poll book, a duplicate thereof, and such written statement and duplicate shall be signed by the deputy returning officer, the poll clerk, if any, and such of the candidates or . their agents as are present and desire to sign the same; 5. Every deputy returning officer, upon being requested so to do, shall deliver to each of the persons authorised to attend at his polling place a certificate of the number of votes given at that polling place for each candidate, and of the number of rejected ballot papers; 6. The deputy returning officer shall then, in the presence of the candidates or their agents or such of them as may be present, make up into separate packets which shall be sealed and marked upon the outside with a short statement of their contents : RURAL MUNICIPALITIES Cap. 89 1597 (a) the ballots counted for reeve; (Z)) the ballots rejected for reeve; (c) the ballots counted for councillors; (d) the ballots rejected for councillors; (e)' the unused, cancelled and refused ballots; 7. Before leaving the polling booth the deputy returning statement o< officer shall enter in the poll book the following statement re7J,mmg which shall be signed by him in the presence of the poll clerk, °®*^'' if any, or some other witness: I, deputy returning officer for Division No. of the Rural Municipality of '' '"''' '^'^^'^ No. , do hereby declare that to the best of my knowl- naj,,.. edge and belief I have conducted the election held by me on -"■"^^'^ this date in the manner provided by law, and that the entries required by law to be made in the poll book have been cor- rectly made. Dated, Jthis day of 19 . Witness. Deputy Returning Officer. 8. The deputy returning officer shall then place all theSenimg ■1 .11 iiT 1 Til ••! ballot box said packets, together with the poll book and the mimicipal voters' list used by him, in the ballot box, which shall be locked and sealed with his seal and with the seals of such candidates or agents of candidates as desire to affix their seals. 1917, c. 14, s. 118. 119. The deputy returning officer of each division shall J^tLVnTng'''' forthwith deliver to the returning officer the sealed ballot officer box and the duplicate of the wi-itten statement entered in the poll book, and upon receipt of the same the returning officer shall give to such deputy a receipt therefor. 1917, c. 14, s. 119. 120 — (1) At twelve o'clock noon on the day and at the 51^^"^;:°^°^^^, place previously appointed by him for the purpose, the ba^'^^ts^ a'''^ returning officer shall, in the presence of such of the candi- election dates 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 118 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) In case the ballot box used in any division has been lost or destroyed, the returning officer shall use the duplicate written statement delivered to him by the deputy returning officer for such division and allow the candidates named therein the number of votes respectively shown thereby as given for such candidates. 1598 Cap. 89 RURAL MUNICIPALITIES Returning officer's casting vote And no other Transmission of ballot boxes, etc., to secretary Destriiption of ballot.=! (3) When the ballot papers have all been examined and counted the returning officer shall forthwith sum up and announce the number of votes which he has allowed for each candidate, including any votes allowed under subsection (2), and shall publicly declare to be elected the candidate having the highest number of votes for each office to be filled. 1917, c. 14, s. 120. 121. In case it appears upon the casting up of the votes as aforesaid that two or more candidates for any office have an equal number of votes, the returning officer shall, at the time when he declares the result of the poll, give a casting vote so as to decide the election. 1917, c. 14, s. 121. 133. Except in such case no returning officer shall vote at an election. 1917, c. 14, s. 122. 133. Forthwith after the election the returning officer shall transmit to the secretary of the municipality the sealed ballot boxes and duplicate written statements used in the election, and thereafter the said secretary shall be responsible for their safe keeping and for their delivery when needed. 1917, c. 14, s. 123. 134. The secretary shall, unless otherwise ordered by the judge, retain for two months the said ballot boxes with their seals unbroken, and shall then, unless otherwise ordered as aforesaid, cavise the ballot boxes to be opened and the packets therein to be destroyed in the presence of two witnesses. 1917, c. 14, s. 124. inspection Order for 135. 'No person shall be allowed to inspect any ballot papers in the custody of the secretary except under order of the judge to be granted 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 under 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. 1917, c. 14, s. 125. 136. The order shall state the time and place for inspect- ing such papers and shall name the persons to be present at such inspection, and shall be made subject to such conditions as the judge thinks expedient. 1917, c. 14, s. 126. Recount RECOUNT. 137. — (1) If, 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 him that in RURAL MUNICIPALITIES Cap. 89 1^99- counting the votes given at any election he has improperly counted or rejected any ballots, and the sum of $50 as security for the payment of costs and expenses is deposited with him; he shall forthwith forward such affidavit and deposit to the clerk of the court, who shall thereupon notify the judge. (2) The judge shall then appoint a time to recount the votes and cause notice in writing of the time and place at which he will proceed to be given to the candidate or candi- dates whose seat may be affected 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 written statements used at the election. (3) The said deposit of $50 shall not be paid out by the clerk without the order of the judge. 1917, c. 14, s. 127. 128. The judge, the clerk of the court, the secretary, Attendanee each candidate notified to attend and his agent or solicitor, with papers 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. 1917, c. 14, s. 128. 139. At the time and place appointed, and in the presence ^^^j^^g of those notified or entitled to attend as provided by the next preceding section, the judge shall proceed to recount all the ballots received by the deputy returning officers of the several divisions of the municipality as having been given in the election complained of, as follows: 1. lie shall break the seals on one of the ballot boxes containino; the votes to be counted and take from such box the packets deposited therein ; 2. He shall examine singly and in the presence of those entitled to be present all ballots counted or rejected by the returning officer for reeve or councillor, as the case may be^. and during the course of such examination shall keep a tally or count of the votes cast for each candidate and shall reject as void and shall not count : (a) any ballot on which two or more votes are given; (b) any ballot on which anything is written or marked by which the voter can be identified ; (c) any ballot which has been torn, defaced or other- wise dealt with by the voter so that he can thereby be identified ; but no word or mark written or made or omitted to be written or made by the deputy returning officer on a ballot shall affect the vote; 3. In case the ballot box used in any division has been lost or destroyed, the judge shall use the duplicate written state- ment for such division and allow the candidates named 1600 (Cap. 89 , r; rural municipalities \' therein the number of votes respectively shown thereby to P have been given them; ' 4. The judge shall take notice of any objection made by ■ ' a candidate or his agent to any ballot, 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 ballots contained in the first ballot box opened, the judge -'' shall forthwith announce the result of the count and replace " the ballots 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 a nature as to make it necessary, to examine '''and count in a similar manner the ballots contained in each of the other ballot boxes in turn ; vtr/^- When the ballots have all been so examined and counted, the judge shall forthwith sum up and announce the ■ j; number of votes which lie has allowed for each candidate, j; including any votes allowed under paragraph 3, and he shall there and then declare elected the candidate having the highest number of votes; ;c. ?;> M P if:: Costs 131. K\\ costs, charges and expenses of and incidental to an application for a recount and to the proceedings conse- quent thereon shall be defrayed by the parties to the appli- RURAL MUNICIPALITIES Cap. 89 l6t)l cation in such manner and in such proportion as the jndge may determine, regard being had to costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applicant or the respond- ent. 1917, c. 14, s. 131. 133. The costs shall be on the district court scale and ^^f^ <>< may be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client. 1917, e. 14, s. 132. 133. The payment of any costs ordered by the judge to ^°^°'"''^™^f* be paid may be enforced by execution to be issued upon of costs filing the order of the judge and a certificate showing the amount at which costs were taxed and an affidavit of the non- payment thereof. 1917, c. 14, s. 133. GENERAL PROVISIONS. 134. 1^0 person who has voted at an election shall, in ^e-^^^^y *»* any legal proceedings to question the election or returns or otherwise relating thereto, be required to state for whom he has voted. 1917, c. 14, s. 134. 135. A candidate may himself undertake the duties Candidate •^ 111 acting on his which any agent of his might have undertaken, or he may own behalf assist his agent in. the performance of such duties and may be present at any place at which his agent is by this Act authorised to attend. 1917, c. 14, s. 135. 13G. When in this Act expressions are used requiring or Candidates ... I'll • 1 • 1 i a^*! agents authorising any act or thmg to be done, or implying that any act or thing is to be done in the presence of such agents as are authorised to attend and as have in fact attended at the time and place where such act or thing is done, the non- attendance of any agent at such time and place shall not invalidate it. 1917, c. 14, s. 136. ' 137. 'No election shall be declared invalid by reason of Errors not a noncompliance with the provisions of this Act as to the results holding 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 cognisance 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. 1917, c. 14, s. 137. ^'' 1602 Cap. 89 RURAL MUNICIPALITIES ^i^^tTon* °^ 138. x\ll necessary expenses incurred for an election expenses under this Act shall be paid out of the funds of the munici- pality upon the production of proper accounts verified in such manner as the council may direct. 1917, e. 14, s. 138. ^nic^af 139. All proceedings for contesting in any way an elec- EUctions Act ^{q^ qj. ^]^g voting ou a bylaw under this Act shall be taken under the provisions of The Controverted Municipal Elec- tions Act. 1917, c. 14, s. 139. Offences and penalties Penalties OFFENCES AND PENALTIES. 140. — (1) ISTo person shall: (a) without due authority supply a ballot to any person ; or (h) fraudulently put into a ballot box any paper other than the ballot which he is authorised bv law to put in ; or (c) fraudulently take out of the polling place a ballot; or {d) without due authority destroy, open or otherwise interfere with a ballot box or packet of ballots then in use for the purpose of election ; or (e) apply for a ballot in the name of some other person, whether the 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, unless he believes 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 the same election, apply for a ballot in his own name or advise or abet, counsel or procure any other person so to do ; or (^f) vote in a division in which he is not entitled to vote. (2) IsTo person shall attempt to commit any offence specified in this section. (3) A person guilty of any violation of this section shall be liable, if he is the returning officer or deputy returning officer, to imprisonment for a 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. 1917, e. 14, s^ 140; 1918-19, c. 37, s. 7. 141. Every returning officer, deputy returning officer or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of sections 74 to 142, RURAL MUNICIPALITIES Cap. 89 1603 shall in addition to any other penalty or liability to which he may be subject forfeit to any person aggi'ieved by such misfeasance, act or omission a penal sum of $200. 1917, c. 14, s. 141. 143. — (1) Every officer, clerk and ae'ent in attendance at Duties of IT 1 1 11 • • 1 -1 • • • • 1 election a polling place shall maintain and aid m maintaining tne officers secrecy of the voting at the polling place. (2) No officer, clerk or agent and no other person shall interfere with or attempt to interfere with a voter when marking his ballot, or shall otherwise attempt to obtain at the polling place information as to the candidate or candi- dates for whom any voter at such polling place is about to vote or has voted. (3) 'No officer, clerk, agent or other person shall com- municate 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 the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate or attempt to communicate any information obtained at such counting as to the candidate or candidates for wnom anv 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 this section shall be liable, on summary conviction before a justice of the peace, to imprisonment for any term not exceeding six months with or without hard labour. 1917, c. 14, s. 142. 143. Every voter who displays his ballot after he has Penalty for marked the same, so as to make known to any person the baUot^''* name of any candidate or candidates for whom he has or has not marked his ballot, shall be guilty of an offence and liable on summary conviction before a justice of the peace to a fine not exceeding $25 and costs. 1917, c. 14, s. 143. 1604 tCap. 89 KURAL MUNICIPALITIES jf>;i!v/ ov '<(:i}l]ifl ffo b')\-)h{'.ff 'jol^ a:> v-.t. r,i HIKING A PHYSICIAN. 169. — (1) The council may, at a regular meeting or at a special meeting called for the purpose, resolve to submit to the electors a bylaw empowering the council to engage the services of a legally qualified medical practitioner for the municipality at a salary not to exceed $5,000 per annum, and may submit the same to the electors for their approval as hereafter mentioned. RURAL MUNICIPALITIES Cap. 89 1613 (2) Such bylaw shall be in the following form: Bylaw No. of the Rural Municipality of No. . '^/'•' A bylaw to authorise the council to engage a medical practitioner for the municipality. The council of the Rural Municipality of No. ^ enacts as follows: 1. The council of the municipality may engage the services of a legally qualified medical practitioner for the munici- pality at a%alary of $ per annum. >m;i mr Read a first time this day of ' 19 ^y^,.^ ^„^^ „„,j Read a second time this day of 19 , r.- v, Read a third time after having received the assent of the electors thereto, and finally passed at this day of 19 . v as Reeve. [seal] Secretary treasurer. '"(3) On receipt before the first day of November in any year of a petition to that effect, signed by not less than twenty-five resident ratepayers of the municipality, a bylaw. ixi such form shall be introduced and given its first and^ second readings as soon as possible thereafter, and the council shall submit the same to be voted upon at the regular annual election then next ensuing, (4) Upon receipt, before the first day of November in ■ any year, of a petition to that effect signed by not less than twenty-five per centum of the resident ratepayers of the municipality, the council shall submit to be voted upon at the then next ensuing annual election a bylaw repealing any bylaw passed under the foregoing provisions of this section. -1(5) Such repealing bylaw shall be in the following form: Bylaw No. of the Rural Municipality of No. . r. • t I ^ A bylaw to repeal a tylaw authorising the council to engage a medical practitioner for the municipality. The council of the Rural Municipality of No. enacts as follows: 1. A bylaw authorising the council to engage a medical practitioner for the municipality, which bylaw was read a third time after having received the assent of the electors and finally passed at the day of 19 , is hereby repealed. Read a first time this day of 19 Read a second time this'OVji day of 19 1614 Cap. 89 rural municipalities Read a third time after having received the assent of the electors thereto and finally passed at this day of 19 . Reeve. [seal] Secretary treasurer. (6) Such repealing bylaw shall receive its first and second readings as soon as possible after the receipt of the petition mentioned in subsection (4). 1918-19, c. 37, s. 10. How^vote mo. The vote upon a bylaw under the preceding section shall be taken in the same manner as the vote upon a deben- ture bylaw when a poll has been demanded, and the provi- sions of sections 210 to 216 shall apply thereto mutatis mutandis, except that the form of notice mentioned in section 211 need not be prescribed or approved by the Local Govern- ment Board, and except that the bylaw shall require the assent of a majority only of the electors voting. 1918-19, c. 37, s. 10. Continuing 171. The authority given to the council by a bylaw under subsection (2) of section 169 shall be a continuing authority until such bylaw has been repealed in the manner provided by the said section, and the council acting thereunder may contract, on such terms and conditions as may be agreed upon with the medical practitioner engaged, and it may dismiss such practitioner and hire another or others from time to time as circumstances may require. 1918-19, c. 37, s. 10. Extermination 173. — (1) In case proper steps have not been taken by of gophers , ^^ /.ti ,•, i the owner or occupant of land to exterminate gophers on such land pursuant to any bylaw passed in that behalf on or before a day to be fixed in the bylaw, any person or persons duly authorised thereunto by the council may enter upon the said land and take such steps as may be necessary to exterminate the gophers thereon. (2) The amount expended in the work performed under subsection (1) may be recovered from the owner or occupant of the land in the same manner as municipal rates and taxes may be recovered under this Act: Provided that the amount so expended shall not exceed two and one-half cents per acre. (3) Any such amount which has not been satisfied on or before the thirty-first day of December next following its expenditure shall be added to and form part of the assess- ment for municipal purposes of such lands in all respects as if it were an original tax; and it shall have the same effect on the land and may be recovered in any of the modes RURAL MUNICIPALITIES Cap. 89 1615 :available for the recovery of such taxes, and the amount so recovered shall form part of the general revenue of the municipality. (4) The treasurer of every municipality in which any expenditure has been made for the extermination of gophers shall, at least one month before the thirty-first day of Decem- ber in the year in which the expenditure is made, notify every owner or occupant of land in respect of which such expenditure has been made of the amount chargeable against such land on account of the said expenditure. 1917, c. 14, «. 167. EXTERMINATION" OF GRASSHOPPERS. 173 (1) The council shall whenever gi-asshoppers Extermination . ^ , "^ . . ,. . T • • • • tj. of grass- appear m the municipality or m an adiommg municipality hoppers ^^ . T /. , 1 1 £ ' ^ . " procedure for pass a bylaw providing lor the purchase oi poison or poison mixtures or the ingredients thereof for the destruction of grasshoppers or other insect pests within the municipality during the year in which the bylaw is passed, and for the Oi Sil'L'. Fines and penalties bv bylaw Transporta- tion and maintenance of prisoners municipal taxes may be' recovered under this Act, provided that the amount to be expended shall not exceed the sum of twenty-five cents per acre. .^^ (7) Any such amount v^hich has not been satisfied on or before the thirty-first day of December next following its expenditure shall be added to and form part of the assessment for municipal purposes of such lands in all respects as if it were an original tax; and it shall have the same effect on the land and may 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. ,,,^,..^, ,^^, ,,.^ (8) The secretary treasurer of every municipality in which any expenditure has been made for the extermination of grasshoppers or other insect pests shall, at least one month before the thirty-first day of December in the year in which the expenditure is made, notify every owner or occupant of land in respect of which such expenditure has been made of the amount chargeable against such land on account of the said expenditure. 1919-20, c. 26, s. 14. ' t'^:''fl 'T'^flt'^fT'" IISrrEACTION OF BYLAWS. 174 (1) The council of every municipality may pass bylaws for inflicting reasonable fines and penalties, not exceeding $100 exclusive of costs, for breach of any of the bylaws of the municipality, 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 bylaw under the seal of the municipality and certified as correct by the reeve and the secretary shall be transmitted to the minister, and no such bylaw shall have any force or effect imtil one of the said duplicate copies is returned to^^ the secretary approved , by , ■in \he minister. r - • - ■ (3) Every penalty or fine under a municipal bylaw shall, if no other provision be made respecting it, belong to the municipality for the public use of the same and form part of its general revenue. 1917, c. 14, s. 168. 175. In the event of any person being committed to gaol for breach of a bylaw, there shall be chargeable to the muni- cipality 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. 1917, c. 14, s. 169. cj-ii^ta RURAL MUNICIPALITIES Cap. 89 1617' QUASHING BYLAWS AND KESOLUTIONS. 176. — (1) Any elector of the municipality may, within ^"i^/^^s^lnd , two months after the passing of a bylaw or resolution of the pro"c'"iiTf'or council, apply to the judge upon motion, to quash the same in whole or in part for illegality; and the judge iipuu such motion may quash the bylaw or resolution in whole or in part, and may 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 bylaw or resolution may be proved by the pro- duction 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 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 recognisance 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 recognisance upon the sureties entering into proper affidavits of justification, and thereupon the same shall be filed in court with the other papers relating to the motion. ,rjtf„.i i (6) In lieu of the recognisance mentioned in subsections (4) and (5), the applicant may pay into court the sum of $100 as security for any costs which may be awarded against him, and the certificate of such payment into court shall be filed in court with the other papers relating to the motion. (7) Upon the determination of the proceedings the judge may order the money paid into court to be applied in the payment of costs to be paid out to the applicant. (8) All moneys required to be paid into or out of court under this section shall be paid in or out in like manner as moneys are paid into or out of court in actions pending in the said court. 1917, c. 14, s. 170. 177. Any bylaw which has been procured to be passed, pr^o^^,^^ by through or by me^ns of any violation of the provisions of eor-upUon*^ sections 3 and 4 of Tlie Controverted Municipal Elections Act may be quashed upon an application made in conformity with the provisions therein contained. 1917, c. 14, s. 171. 1618 Cap. 89 RURAL MUNICIPALITIES Acquisition of property l.y kgreement Erection of {oint oflBce luildings Public works Aoqmsition of property without consent POWERS AND DUTIES OF COUNCILLORS. mS. In addition to all other duties and powers conferred on councils by this Act, the council of every municipality shall have power: 1. To purchase, lease or otherwise acquire for the use of the municipality, any estate in landed property, within or without the municipality for exhibition grounds, recreation grounds, nuisance ground or a cemetery, or for the purpose of erecting thereon any municipal building, and to erect, furnish, maintain and repair such buildings as may be beneficial to the municipality : Provided that in each cemetery purchased and owned by a rural municipality there shall be set aside a portion for the burial of the destitute; 2. To unite with the council of any city, town or village within the municipality, or the area of which touches at some point the limits of the municipality, for the purpose of erecting an office building which shall be used jointly by the councils having an interest therein: Provided that in any one year no expenditure shall be made under the authority of this or the preceding paragraph, exceeding $500 in amount, and no liability thereund/er exceeding such sum shall be incurred, until a bylaw has been submitted to the vote of the electors and approved by at least two-thirds of those voting thereon; and such vote shall be taken as nearly as may be in the manner provided herein for a vote of the electors on a bylaw for raising money by way of debenture; 3. Weigh scales To unite with the councils of other municipalities, including villages, towns and cities, for the construction and maintenance of any public work, or the performance of any matter or thing deemed by all councils concerned to be of benefit to their respective municipalities, and to enter into an agreement as to the joint control and management of any undertaking that concerns their respective municipalities; 4. To enter upon and take and use and acquire so much real property as may be needed for exhibition grounds, recreation grounds, nuisance grounds, or the site of a muni- ci]-)al building, or for a highway, road, street, bridge, ferry, water supply, or other public work in the municipality, or for any other public purpose whatever, without the consent of the owners of such real property, making due compensa- tion therefor to the parties entitled thereto. In the event of the amount of such compensation not being mutually agreed upon by the parties concerned, it shnll bo determined aa hereinafter provided : 5. To establish and maintain or to assist in establishing and maintaining public scales for weighing or measuring RURAL MUNICIPALITIES Cap. 89 1619 anything sold by weight or measurement within the munici- pality or within any village or town; 6. To lay out, construct, repair and maintain roads, lanes, R-^^d* bridges, culverts and any other necessary public work in the interests and for the use of the municipality; 7. To construct through lands lying within or without Drains the municipality such drains as may be expedient to secure the proper drainage of the municipality, and to prevent the obstruction of the same; 8. To make provision for a supply of water for the munici-'^=>^«'-«"PP'y pality or any portion 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 munici- pality ; 9. 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. The council shall in every such instance pay to the owners or occupiers of any 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 council and the persons interested or in the event of a disagreement such compensation as may be deter- mined by arbitration under the provisions of The Arbitra- tion Act; 10. Subject to section 29 of The Highways Act, to lease Lease roads any portion of any public highway or road to any person for a term not exceeding five years; but every such lease shall be subject to cancellation by either the lessor or lessee on one year's notice in writing; 11. To instal and operate a ferry within or without the F-rries municipality if licensed to do so under the provisions of The Highiuays Act; 12. To acquire either separately or jointly with another P^e drivers, municipality a gi-ader, pile driver, stone crusher, roller or cruahere, et«. other machine or implement for use in the construction, repair or maintenance of any road, bridge or other public work within the municipality or municipalities; 13. To sell, lease or otherwise dispose of or to devote toDispo^^of some other municipal purpose, in whole or in part, any property acquired by the municipality for a specific purpose when such property in the opinion of the council is no longer needed for such purpose; 14. To provide for payment of the expenses of one or Delegates' more delegates to the annual convention of the organisation known as The Saskatchewan Association of Rural Munici- palities; L Vol. II. -16. 1620 Cap. 89 RURAL MUNICIPALITIES Municipal officers' instruction Surplus funds, investment 15. To procure instruction for one or more municipal officers in their duties. 16. To invest surplus funds of the municipality in the stock, bonds or government securities of Canada or of Sas- katchewan. 1917, c. 14, s. 172; 1917 (sess. 2), c. 28, s. 6; 1919-20, c. 26, s. 15. Aid to public rest and reading room, etc. 1*79 — (1) For the purpose of aiding in the establishment of a public rest and reading room in any public hotel or other place of public accommodation in a town or village, and of providing for the care of any library the council may desire to instal, the council of every adjacent rural municipality may pay out of its general revenues to the licensee of such hotel or place of public accommodation, such sums as may be deemed advisable but not exceeding $20 annually for each division of the municipality. (2) For the purpose of better carrying out the provisions of this section the municipal councils concerned may enter into an agreement with the licensee of any public hotel or other place of public accommodation for the purposes mentioned, and such agreement shall set forth the terms and conditions under which and the times when the grants or payments herein provided for shall be payable to such licensee. 1917 (sess. 2), c. 28, s. 7. Compromise and remission in certain cases TAXATION OF SUBDIVISIONS. 180. — (1) In case: (a) any part of the area of a rural municipality has been subdivided in accordance with a registered plan, and assessed in lots or blocks according to such subdivision ; (h) the taxes upon the subdivision, or any portion thereof, remain unpaid after the expiration of the year for which such taxes were imposed ; and (c) it appears to the council that the subdivision or the portion upon which the taxes are in arrear is not required for building purposes and will not be developed in the immediate future; the council may, subject to the approval of the Local Govern- ment Board, compromise the claim of the municipality for the taxes in arrear, and remit so much thereof as it may deem expedient. (2) Save as provided in subsection (3), nothing herein contained shall apply to land which has been sold under The Arrears of Taxes Act, or affect the rights or interests of purchasers or others in such lands. Iways RURAL MUNICIPALTIIES Cap. 89 1621 (3) Where land mentioned in subsection (1) has been sold under The Arrears of Taxes Act and the municipality has become the purchaser thereof, the council may exercise the powers given by the said subsection (1), as in other cases. (4) No remission of supplementary revenue rates shall be effectual until approved by the Provincial Treasurer. 1917, c. 14, s. 173. 181. In any case not covered by section 180 where there Compromise are arrears of taxes and the council deems it expedient to Touixm''^*'* compromise the claim of the municipality therefor, it may do so with the consent of the minister. 1917 (sess. 2), c. 28, s. 8. SUNDAY STREET CARS. 183 (1) The council of a municipality shall have Ref^"^if^*?j8 power to pass a bylaw declaring that section 243 of Tlie Saskafcheiuan Railway Act shall cease to apply to the opera- tion within the municipality of any street railway, tramway or electric railway ; and on, from and after the coming into force of such bylaw, until the same is repealed as provided for by subsection (2), the said section 243 of The Saslcat- cheivan Bailway Act shall cease to apply to the operation within the said municipality of any street railway, tramway or electric railway. (2) The council shall also have power to pass a bylaw repealing any bylaw provided for by subsection (1) ; and on, from and after the coming into force of such bylaw the said section 243 of The SasJmtchewan Railway Act shall apply to the operation within the said municipality of any street railway, tramway or electric railway. (3) Every bylaw provided for by this section shall receive the assent of a majority of the persons voting thereon. (4) The persons qualified to vote upon any bylaw provided for by this section shall be the persons whose names appear on the last revised voters' list of the municipality. (5) All the provisions of this Act respecting bylaws requiring the assent of the electors shall, in so far as they are not inconsistent with the provisions of this section, apply mutatis mutandis to proceedings upon a vote under the provisions of this section. 1917, c. 14, s. 174. OPENTNO OF CERTAIN ROADS. 183. If any person petition the council for the opening Deposit on of a road through land, and the council is of the opinion to open '**" that such road may be reasonably opened for the convenience *'®''*'"'^ and benefit of such person but is not required in the interest of the public generally, the council may require the applicant 1 622 Cap. 89 RURAL MUNICIPALITIES to deposit with the treasurer such sum as it considers sufficient to cover the cost of opening the road and paving compensation in connection therewith, and if the said road or any road which in the opinion of the council will be of equal or nearly equal convenience and benefit to the applicant 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 the applicant. 1917, c. 14, s. 175. INDUSTRIAL BONUSES PROHIBITED. . Bonus, etc. , orohibiteH 184. No council of any municipality shall have powei':' 1. To grant a bonus or other aid to any person, company or corporation for the construction, establishment or opera- tion of a manufactory, mill, railway or any other business or concern whatever either within or without the munici- pality ; 2. To exempt from taxation any such manufactory, mill, railway or other business or concern; 3. To subscribe for stock in or to guarantee the bonds, debentures or other securities of any such railway or other company. 1917, c. 14, s. 176. APPORTIONMENT OF EXPENDITURE. Amount and 185. — (1) Subjcct to the provisions of subsection (2), apportionment the couucil shall causc at least one-half of the total amount estimated to be expended in the municipality for general municipal purposes within the year, exclusive of the proceeds of a sale of debentures, to be apportioned among the divisions thereof in accordance with the assessed value of the taxable property therein respectively, as shown by the last revised assessment roll, and the amount so apportioned to each divi- sion shall be expended on public works in that division. (2) The council may, by resolution unanimously adopted at a meeting at which every member is present, decide that the amount so to be apportioned shall be reduced to any amount not less than one-quarter of the total estimate.. (3) Any member of a council who expends or authorises the expenditure of municipal funds upon or with respect to any public work in the municipality, or for the supplying of materials or labour for such work, shall, unless he has first been empowered so to do by bylaw or resolution of the council, be liable on summary conviction, for every such offence, in addition to liability in a civil action by the municipality or' any ratepayer thereof, to a fine of not less RURAL MUNICIPALITIES Cap. 89 1623 than $10 nor more than $100 and costs, and in default of payment to imprisonment for anv term not exceeding two months : Provided that the council may by resolution authorise p^°^'«° any councillor, subject to the written approval of the reeve to expend in addition to the amount apportioned under sub- section (1) during the year an amount not exceeding in the whole $100 in the repair of public works or improve- ments urgently needed. 1917, c. 14, s. 177; 1919-20, c. 26, 8. 16. NOXIOUS WEEDS. 186. — (1) Every municipal council shall appoint, before o/'i'^spec'tore the first day of March in each year, such inspectors as are required to enforce the provisions of The Noxious Weeds Act within the municipality, and shall clearly define the territory of each so that every part of the municipality shall be covered. (2) An inspector shall hold ofiice until his successor is appointed and shall be paid such remuneration as the council may decide. (3) The secretary shall notify the weeds commissioner at the Department of Agriculture forthwith of the appoint- ment of such inspectors and of their post ofiice addresses and places of residence and the territory assigned to each. (4) If a council neglects in any year to appoint an inspec- tor or inspectors as required by this Act, each member of the council shall be guilty of an offence and liable on sum- mary conviction to a penalty not exceeding $25, but no member shall be liable to the penalty hereby imposed who shows to the satisfaction of the magistrate that he made reasonable efforts to procure the appointment. 1917, c. 14, 8. 178; 1919-20, c. 26, s. 17. 187. In case noxious weeds are not cut down or other- inspector wise destroyed on any land pursuant to notice given by an weids ^* "'^ inspector in accordance with the provisions of The Noxious Weeds Act, or in case the name or address of the owner of such land is unkno^vn, the said inspector or any persons directed by him may forthwith enter upon the land with the necessary teams and implements and destroy the weeds in snch manner as the inspector may see fit. 1917, c. 14, s. 179. 188. The amount expended in the work performed under ^.^ou^Y^ °* section 187 may be recovered from the owner or occupant expended of the land in the same manner as municipal rates and taxes may be recovered under this Act. 1917, c. 14, s. 180. 1624 Cap. 89 RURAL MUNICIPALITIES Amount expended added to assessment Certificates prima facie evidence of expenditure Neglect by inspector Notification to owners Penalty goes to m»nieipality 189. — (1) Any such amount which has not been satisfied before the thirty-first day of December next following its expenditure shall be added to and form part of the assess- ment for immicipfll purposes of such landS; in nil respects as if it were an original tax, and when recovered shall form part of the general revenue of the municipality. (2) !N"o sum in excess of $200 shall be charged in any one year against any one quarter section of land. 1917, c. 14, s. 181; 1918-19, c. 37, s. 11. 190. A certificate purporting to be signed by the treasurer, to the effect that an amount named therein has been expended during any year for the destruction of noxious weeds upon any area of land described therein, shall be prima facie evidence that the amount named has been so expended. 1917, c. 14, s. 182. 191. Every inspector who neglects to perform any duty j)laced upon such officials by the said Act or by the council shall, in respect of each instance of neglect, be guilty of an offence and liable on summary conviction to a penalty not exceeding $25 and costs. 1917, c. 14, s. 183. 19^. The treasurer of every municipality in which any expenditure has been made for the destruction of noxious weeds shall, at least one month before the thirty-first day of December in the year in which the expenditure is made, notify every owner or occupant of land in respect of which such expenditure has been made of the amount chargeable against such land on account of the said expenditure. 1917, c. 14, s. 184. 193. Every fine, penalty and forfeiture imposed by the said Act for a violation of any of its provisions shall be payable to the municipality whose council takes the neces- sary steps to enforce such fine, penalty or forfeiture, as the case may be. 1917, c. 14, s. 185. HIGHWAYS AND PUBLIC PLACES. Title to 194. The title to all public roads, highways, streets and street etxj .' o */ ? lanes in every municipality 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, subject to the provisions of section 29 of The Highways Act, be under the direction, control and management of the council of the municipality in which it is situated. 1917, c. 14, s. 186. Minister of 195. The Minister of Highways shall at all times have fnfevor"*^ the right to enter any municipality for the purpose of con- Soses structing, erecting, maintaining or repairing any public improvement as defined by The Highways Act. 1917 (sess. 2), c. 28, s. 9. RURAL MUNICIPALITIES Cap. 89 1625 196. Every council shall keep in repair all public roads, Council keeps highways, streets and lanes, and also all public bridges, in repair culverts, dams and reservoirs 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 have been constructed or provided by the province; and in default, of the council so doing the municipality shall be civilly liable for all damage sustained by any person by reason of such default. 1917 (sess. 2), c. 28, s. 10. 197. ]^o action shall be brought under the provisions of ^j'';y,^|*g"f°^ » section 196 except within six months from the date upon at-t'"" which the cause of action arose, and unless notice of such action shall have been given to the secretary of the munici- pality within one month after the date upon which such damage was caused. 1917, c. 14, s. 189. CARE OF SICK AND DESTITUTE. 198. The council of every municipality shall make due Care of sick provision for the care and treatment of any person who has been a resident of the municipality for at least thirty days, who falls ill and who is financially incapable of procuring "the necessary medical attendance and treatment. 1917, c. 14, 8. 190. 199. — (1) If such indigent person is admitted as a Demand by patient by an hospital which receives aid from the general ^,oa?d ^ revenue of the province on the request of the municipal council, or in cases of emergency without such request, the board of such hospital may demand from the council a sum not exceeding $2.50 per day for each day's actual treatment and stay of the patient therein: Provided : (a) that the hospital board, before becoming entitled to such sum, shall have notified the council within fifteen days after the admission of the patient of the fact of such admission and that the board will claim from the council compensation for his care and treatment under this Act; and (6) that such demand shall be made within thirty days after the discharge or death of the patient. (2) In case: (a) a person, who falls ill and who is financially incapable of procuring the necessary medical atten- dance and treatment, has resided for a less period than thirty days in the municipality in which he so falls ill; 1626 Cap. 89 RURAL MUNICIPALITIES Recovery of payment from patient Agreement between eouncil and board (&) such person is admitted as a patient by an hospital falling within the terms of subsection (1), either with or without a request from the council here- inafter referred to; and (c) the hospital board has complied with clauses (a) and (b) of the proviso to subsection (1) ; the hospital board may demand payment for such person's treatment and stay, at the rate above mentioned, from the council of the city, town, village or rural municipality in which he was last resident for a period of at least thirty days. (3) In case the person mentioned in subsection (2) has come into the province from an outside point to work as a harvest hand, having paid for his transportation at a special rate allowed to harvest hands, the hospital board may demand payment from the council of the city, town, village or rural municipality in which he last worked for a period of thirty days, or, in case there is none such, from the council of the municipality in which he last worked. 1917, c, 14, s. 191 ; 1918-19, c. 3Y, s. 12 ; 1919-20, c. 26, s. 18. 300. — (1) Any sum thus paid by the municipality to the hospital and any expenses otherwise incurred for medical care and treatment under section 198 may be recovered from the patient by action or by distraint by the treasurer of the municipality, and in the event of the death of the patient the eouncil may recover from his administrators and executors the said sum. (2) The municipality shall have a charge upon the lands of the patient for expenses incurred under section 198, sec- tion 199 or section 200, and may file a caveat for the pro- tection of such charge in the proper land titles office. (3) Such charges shall have precedence over all other incumbrances against the land, except taxes and sums which by law may be charged against the land in the same maimer as taxes, and except first mortgages, whether they are first mortgages at the time when the caveat is lodged or become so by the discharge of previous mortgages. 1917, c. 14, s. 192; 1919-20, c. 26, s. 19. 201. ISTotwithstanding anything contained in sections 199 and 200, any council may if it thinks fit enter into an agree- ment with the board of any hospital whereby such board will undertake to care for and treat all such patients of the muni- cipality for an annual sum and subject to such conditions and restrictions as may be agreed upon. 1917, c. 14, s. 193. dMtitlito 303. — (1) The council shall make provision for the persons dcccut burial of the bodies of destitute and friendless per- RURAL MUNICIPALITIES Cap. 89 1627 sons who have died within the municipality, or who have died in an hospital while under the care of the municipality. (2.) Should any such person die leaving goods within the municipality, the expense of burial may be recovered by the treasurer by distraint and sale of the same. (3) Should any such person die possessed of an interest in land, the municipality shall have a charge upon the lands for the expense of burial, and may lodge a caveat for the protection of such charge in the proper land titles office. 1917, c. 14, s. 194. 303. Where money is advanced by way of charity or ^^^^^J^^^J^ relief to or expended for the benefit of a person, who, although^^^*''"*®* in destitute circumstances, is the owner of or interested in land the retention of which is necessary for a dwelling for him, the municipality may take a conveyance of or security on such land for the amount advanced or expended, and on the death of such person or the surrender of land by him to the municipality, the municipality may sell or dispose of the land and apply the proceeds in payment of the amount so advanced or expended, with interest thereon at the rate of 6 per centum per annum and the costs of the sale, and the residue of such proceeds, if any, shall be paid to the exec- utors, administrators or assigns of such person, or, in case of surrender, to such person, on demand. 1917, c. 14, s. 195. PART VI. Municipal Loans. TE^iIPORARY. 204. — (1) The council of every municipality, except asTe™p°''anr hereinafter provided, may from time to time by resolution authorise the reeve and treasurer to borrow from any person, bank or corporation such sums as may be required to meet the current expenditures of the municipality until the taxes for the current year are available ; and such resolution shall regulate the amount to be borrowed and the rate of interest to be paid. (2) Every such loan shall be repaid out of and shall be a first charge upon the taxes for the year in which the loan is made, and may be secured by promissory note of the reeve and treasurer given under the seal of the municipality and on behalf of the council. (3) In any calendar year the total amount of all loans thus made shall not exceed 60 per centum of the total taxes levied by the municipality for the preceding year. 1628 Cap. 89 rural municipalities (4) The council may, at any time within twelve months after its organisation, in anticipation of the collection and payment of the general taxes for the then current year, borrow moneys from time to time on the credit of the munici- pal rates to an amount not exceeding one-half of the total estimated revenues of the municipality for the year. 1917, c. 14, s. 196. lemporary 205. — (1) lu additiou to the powers conferred by section loan on school ^«.t 'i !> • • i ' ini j ^ tnxes 204, the council of a municipality shall have power to bor- row, on the credit of the taxes to be collected within the municipality and for the current year for any rural or village school district situate wholly or partly within the munici- pality, to an amount not exceeding 80 per centum of the estimated total of such taxes. (2) In any case where the rural municipality requires to borrow the amounts to be paid to a rural or village school district under the first subsection of section 284 the interest on such loan shall be payable by the school district. 1917, c. 14, s. 197; 1917 (sess. 2), c. 28, s. 11; 1918-19, c. 37, . . s. 13. 306. — (1) When the council of a municipality desires to borrow money for all or any of the following objects, namely : Debratures ((j) purchasiug Or constructing a road, highway, bridge, ferry or other municipal public work; (b) purchasing or otherwise acquiring any land, gravel pit, right-of-way, easement or other interest in land; (c) draining any portion of the municipality ; (d) providing a supply of water for any portion of the municipality ; (e) purchasing or otherwise acquiring machinery, tools or implements ; (/) assisting in the erection or enlargement of an hos- pital either within or without the limits of the municipality ; or (g) purchasing, erecting, improving, altering, adding to or furnishing a building; it shall pass a bylaw for the purpose in form to be prescribed by the Local Government Board, or to the like effect. (2) Prior to or forthwith after the first reading of the bylaw providing for the loan the council shall apply to the Local Government Board for its authorisation of the loan. (3) Notice of such authorisation shall be published in The Saskatchewan Gazette. RURAL MUNICIPALITIES Cap. 89 1629 (4) Bylaws for raising money for union hospitals shall be subject to The Union Hospital Ad. 191Y, c. 14, s. 198 (redrawn) ; 1919-20, c. 26, s. 20. 207. — (1) Within fifteen days from the passinir of theN^i^'-fo bylaw the counci^ shall give notice to the electors ot its intention to borrow the amount specified in the bylaw and on the conditions therein set forth. (2) Every such notice shall be in the form prescribed by the board, and shall be given by notices posted in the manner provided by section 75 and shall state the day of posting the same. 1917, c. 14, s. 199; 1919-20, c. 26, s. 21. reriiing 208 (1) Within fifteen days from the date of the post-N--^;- ing of the notices, any ten electors may demand a poll of S^',',',^",, the electors for and against the said bylaw and such poll shall be held as provided by sections 210 to 216. (2) Every demand for a poll shall be delivered to the secretary, or in his absence to the reeve, and a certified copy of such demand shall be forthwith transmitted to the Local Government Board. 1917, c. 14, s. 200. 209. In the event of a poll not being demanded as here- Cen.rtcHte inbefore provided, the secretary shall forthwith transmit to secntary to the Local Government Board: ™a"s'ingVf byl (a) a certified copy of the bylaw under the seal of the municipality ; (&) a certified copy of the notice provided in section 208, and one or more statutory declarations prov- ing the posting of such notice and that a poll has not been demanded; (c) a statutory declaration showing the total area of assessable land in the municipality as shown by the last revised assessment roll thereof. 1917, c. 14, s. 201 ; 1919-20, c. 26, s. 22. 210. — (1) In the event of a poll being demanded as pro- pou taken vided by section 208, the council shall by resolution fix a time for holding the same, appoint a returning officer, name a polling place for each division, appoint a deputy returning officer for each polling place, and appoint a time and place when and where the returning officer shall sum up the votes given for and against the bylaw. (2) If the council deems it advisable, such poll may be held on the day herein fixed for the annual election of reeve and councillors. 1917, c. 14, s. 202. 1630 Cap. 89 RURAL MUNICIPALITIES Notice of poll Proceedings of poll, etc. Ballot paper Agents at poll Elector votes once only 211. Notice of the poll shall be posted up at least four- teen clear days before the date of voting in the manner pre- scribed by section 75, and every such notice shall be in the form prescribed by the Local Government Board. 1917, c, 14, s. 203. 213. At the day and hour fixed by the said notice a poll shall be taken in each division of the municipality, and all proceedings thereat and preliminary and subsequent thereto and for the purposes thereof, including a recount, shall be conducted in the same manner as nearly as may be as at an election for reeve and councillors. 1917, c. 14, s. 204. 213. The ballot papers for voting on the bylaw shall be in the following form: BYLAW FOR • AGAINST 1917, c. 14, s. 205. 214. On the application of any person interested in promoting or opposing the bylaw, the reeve shall authorise the attendance of two persons, on behalf of the party apply- ing, at each polling place and at the final summing up of the votes. 1917, c. 14, s. 20G. 215. — (1) Every elector shall be entitled to vote once only on the bylaw and in case his name appears on the voters' list for more than one division and he has given to the secretary treasurer the notice in writing mentioned in section 101, he shall vote in the division so selected. (2) If the voter whose name appears on the voters' list for more than one division has not given the notice under section 101, he shall vote in that division and in that divi- sion only which he shall select by notice in writing given to the secretary treasurer before casting his ballot. (3) Such notice may be deposited with the deputy returning officer for the secretary treasurer, and such deposit shall have the same effect as if the notice had been served upon the secretary treasurer personally. The deputy return- ino- officer shall forward all such notices with his return to the returning officer, who shall transmit the same to the secretary treasurer, together with the ballot boxes and state- ments, as required by section 123. (4) An elector who has given the notice mentioned in the preceding subsection shall be bound thereby in the same manner and for the same length of time as if such notice had RURAL MUNICIPALITIES Cap. 89 1631 been given under section 101, and the wife of such elector, if living with her husband, shall be similarly bound. (5) Any person whose name appears on the voters' list for more than one division, who votes in a division which he has not selected by notice in writing as hereinbefore required, shall be guilty of an offence and liable on summary convic- tion to a penalty of not less than $5 nor more than $25. 1919-20, c. 26, s. 2.3. 216. After the returning officer has, at the time and place ^j-^;^*;;**'**" appointed by the council and in the presence of those author- ised to attend or such of them as may be present, counted and summed up the number of votes for and against the bylaw according to the provisions of section 120, he shall then and there declare the result and forthwith certify to the council under his hand whether the two-thirds of the electors entitled to vote who have voted on the bylaw approved of the same. 1917. c. 14, s. 208. 317. In the event of a recount not being applied f or Certifi^-at* within the time specified by section 127, the secretary shall f^^^^f^y^^ forthwith forward to the Local Government Board: passing of bylaw (a) a certified copy of the bylaw under the seal of the municipality ; (b) a certified copy of the notice provided in section 207 and one or more statutory declarations proving the posting of such notice; ' (c) a statutory declaration showing the total area of assessable land in the municipality as shown by the last revised assessment roll thereof; (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 Local Government Board the aforesaid documents together with a certified copy of the written statement of the judge as to the result of such recount. 1917, c. 14, s. 209. 318. Upon receipt of the documents referred to in sec- Authorisation tion 209 or in section 217, as the case may be, and upon Local G^ov^m- being satisfied that the requirements of this Act have been '""°' ^"''''^ substantially complied with, the Local Government Board may sign and seal the debentures as provided by The Local Government Board Act. 1919-20, c. 26, s. 24. jt J^^"319. "Whenever the council of a municipality is author- isaue of ,<\Hsed \)j the Local Government Board to borrow any sum of '**''^"'" "money as herein provided, the council may thereupon issue 1632 Cap. 89 RURAL MUNICIPALITIES Form ot debenfure.i a debenture or debentures to secure the amount of the princi- pal and the interest of the loan so authorised, or of any less sum upon the terms specified in the bylaw ; and the debenture or debentures and the coupons thereto attached, when signed by the reeve and secretary treasurer of the munici- pality and the debenture or debentures sealed with the cor- porate seal thereof and signed and sealed by the Local Gov- ernment Board, and in addition countersigned by the min- ister or deputy minister as hereinafter provided, shall be sufficient to bind the municipality and create a charge or lien upon all municipal property and rates and taxes in the municipality. 1919-20, c. 26, s^ 25. 320. Every debenture issued by a municipality shall be in the following form or to the like effect: $ Debenture ISTo. The Rural Municipality of No. promises to pay the bearer at the at the sum of dollars of lawful money of Canada in equal consecutive annual instal- ments 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 dav 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. Limit for debenture [Corporate Seal] 1917, c. 14, s. 212. Treasurer. 321. The amount of the debenture debt of a municipality at any time outstanding shall not be a greater sum than thirteen cents per acre for eacli acre of land assessed in the municipality as shown by the last revised assessment roll thereof. 1917, c. 14, a. 213 ; 1919-20, c. 26, s. 26. RURAL MUNICIPALITIES Cap. 89 1633 333. Debentures shall not carry interest at a greater rate R"te of than 8 per centum per annum. 1917, c. 14, s. 214. interest dobentute* 323. Debentures shall not run for a longer period than Term oi twenty years except as in the next succeeding sections pro- ^ " vided, and may be dated at any time within twelve months from the date on which notice of the authorisation of the loan appears in The Saslcaichewan Gazette; and the first instalment of principal and interest may be made payable at any time within eighteen months from the date of the debenture. 1917, c. 14, s. 215. 334. In the event of the first instalment of principal and I'-^t^nsioc . J, -.1 ,. , 11 "^ term interest ol any debentures being made payable at any time after one year from the date of the debenture as provided in section 223, 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 payment of the first instalment of principal and interest. 1917, c. 14, s. 216. 335. Every debenture before being issued by the council Dt^benture shall be sent for registration to the minister, who shall cause by minister a proper record to be kept of the same. 1917, c. 14, s. 217. 336. — (1) The minister shall thereupon, if satisfied that Debenture the requirements of this Act have been substantially com-sfgnedby plied with and if the authority to make the loan has not""""****^ been withdrawn, register and countersign the debenture. (2) Such counter signature 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 questionable by any court ; but the same shall to the extent of the revenues of the municipality issuing it be a good and indefeasible security in the hands of any hona fide holder thereof. (3) The signature of the Deputy Minister of Municipal Affairs on any debenture heretofore or hereafter to be issued shall be and is a valid and sufficient counter signature of such debenture by the minister. 1917, c. 14, s. 218. 337. The treasurer of every municipality shall open and Debenture keep a book to be known as "The Debenture Register" which '"^^**'" shall be in such form as is prescribed by the minister, and in which shall be entered full particulars of every debenture issued by the municipality. 1917, c. 14, s. 219. 1634 How levied Exonptions Kioeption Forfeited lands Cap. 89 .RURAL MUNICIPALITIES PAKT VII. Municipal Assessment and Taxation. ASSESSMENT. 228. Subject to the provisions of section 229, all muni- cipal taxes shall be levied equally upon all rateable land in. the municipality according to the assessed value of such land. 1917, c. 14, s, 220. 229. — (1) In every municipality the property, exempt from assessment and taxation shall be : 1. The interest of the Crov^^n in any property, including property held by any person in trust for the Crov7n ; 2. Property specially exempted by law or held for the public use of the Government of Saskatchewan; 3. All lands held by or in trust for the use of any tribe of Indians ; ■• 4. The land to the extent of four acres held by or for the use of anv school district erected under The School Act; 5. 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 ; 6. The land in use as a public cemetery not exceeding twenty-five acres; 7. All land belonging to the municipality and every public square, park or nuisance ground ovtmed by a city, town or village; 8. The buildings and gi'ounds of agricultural societies organised under The Agricultural Societies Act; 9. The stock in trade of any one doins^ business in a hamlet in the municipality to the extent of $300. 1917, c. 14, s. 221 (1) ; 1919-20, c. 26, s. 27. 230. If any property mentioned in paragraphs 1 and 2 of section 229 is occupied by any person otherwise than in an official capacity, the occupant shall be assessed therefor, but the property itself shall not be liable. 1917, e. 14, s. 221 (2). 231. Notwithstanding anything herein contained, any land the title of which is vested in His Majesty on account of forfeiture proceedings taken at any time under The Local Improvements Act, The Local Improvements Act of 1912,- or Tlie School Assessment Act for nonpayment of taxes shall be assessed to the minister by whom the taxes shall be paid. 1017. c. 14, s. 222. RURAL MUNICIPALITIES Cap. 89 1635 332. — (1) As soon as may be in each year but not Assessment ^ ■' '^ 1 11 madp prior later than the first day of July, the assessor shall assess to .h>iy i in every person who is either the owner or occupant oi land in the municipality not exempt from assessment or is engaged in business in a hamlet in the municipality and is owner of a stock in trade liable to assessment and shall prepare an assessment roll in which shall be* set out as accurately as may be: 1. The name of the owner or the occupant of each lot or parcel of land in the municipality which is not exempt from assessment, or which is so exempt but the occupant of which is liable to assessment under section 230, and the post office address if known of every such owner and occupant ; 2. A brief description of each such lot or parcel of land, the number of acres which it contains and the assessed value thereof ; 3. The name of every person, who is engaged in business in a hamlet within the municipality, whose stock in trade is not exempt from assessment, the property in respect of which he is assessed and the assessed value thereof. (2) Such roll shall be in the form following or to the like effect, or in any other form that may be prescribed from time to time by the minister: 1636 Cap. 89 RURAL MUNICIPALITIES Receipt No. Amounts paid Initials Date of tax notice . Total Arrears » Total tax for current year Initials of sec. Date of mailing notice a ■.J C3 "o Total rate Supp. Rev. c ■Q a m Separate Public 1 6 ■fl'S 1-^ Debenture 1 General P.O. address of occupant Name of occupant P.O. address Name of owner Assessed value of land No. of acres 03 s pj H ai Ft. of sec. 1917, c. 14, s. 224; 1919-20, c. 26, s. 29 RURAL MUNICIPALITIES Cap. 89 1637 333. — (1) Subject to the provisions of subsection (6), a'seisment land shall be assessed at its fair actual value exclusive of any increase in such value caused by the erection of build- ings there6n or by any other expenditure of labour or capital. In case the value at vs^hich any specified land has been assessed appears to be more or less than its true value, the amount of the 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 land in question are assessed. (2) The buildings upon a lot or parcel of land not strictly agricultural in its nature or use, and not exceeding forty acres in extent, shall be assessed and taxed at 60 per centum of their fair actual value. (3) Where the holder of lands under a gi-azing lease or license from the Dominion government is taxed in respect of his occupancy, or of his beneficial or equitable interest therein, the value of such interest for the purpose of assess- ment and taxation shall not exceed $2 per acre, and the same shall be deemed to have been the maximum value of such interest for the purpose of assessment and taxation during the years 1913, 1914 and 1915 respectively. (4) In cases where such interest has hitherto been valued lor assessment purposes at a rate exceeding $2 per acre, the municipality shall remit or repay to the lessee or licensee the amount of the excess taxes in each of the years 1913, 1914 and 1915, together with all penalties imposed in respect of the excess taxes during such years. (5) Where an occupant of Dominion lands, holding such lands otherwise than under a grazing lease or license, is assessed in respect of his occupancy, his interest shall be assessed at its fair actual value, having regard to the value of the land. (6) Land containing coal and upon which a mine is operated shall be assessed for the purposes of a .school dis- trict at its value as a mine inclusive of plant and equipment. (7) Whenever one or more persons are engaged in busi- ness in a hamlet the stock in trade of such business shall be assessed at sixty per cent, of its fair actual value and the name of each such person shall be entered on the assessment roll in respect of his share or interest in the business; but grain in an elevator shall not be assessed as stock in trade. 1917, c. 14, s. 225; 1918-19, c. 37, s. 16; 1919-20, c. 26, s. 30. 234. The assessor shall also include in the assessment roll ^i^^^.^^, the name and address of the owner of every grain elevator within the municipality erected on land exempt from taxa- tion, together with a description of the location of every 1638 Cap. 89 RURAL MUNICIPALITIES t Information for assessor Penalty Where owner is unknown Roll checked by assessment committee such elevator, and every such owner shall be subject annually, in respect of such elevator to a tax not to exceed $75 for municipal purposes and, when the elevator is situated in a school district to a tax not to exceed $75 for school purposes, which taxes shall be entered in the roll by the assessor. 1917 (sess. 2), c. 28, s. 13. 235. — (1) It shall be the duty of every person whose property is assessable to give to the assessor all information necessary to enable him to make up the roll ; but no state- ment made by any such person shall bind the assessor or shall excuse him from making inquiry as to its correctness. (2) In case any person refuses upon demand to give such information to the assessor or wilfully furnishes to the assessor false information, such person shall be liable on summary conviction to a penalty not exceeding $50. 1917, c. 14, s.'227; • 336. If the assessor does not know and cannot after reasonable inquiry 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. 1917, 14, s. 228. 337. — The council shall appoint two of their number who with the assessor shall constitute an assessment committee ; and such committee shall, on the completion of the roll by the assessor and before assessment notices are sent out, check over the assessment roll and make such corrections therein as the majority of the committee may decide. 1917, c. 14, S..229. committee Fraudulent assessment Allowance 338. Tlic couucillors who are members of such committee made members of assessment shall, notwithstanding any provision herein to the contrary, be entitled to receive such payment and mileage allowance for one meeting as would be paid to them for attendance at a meeting of the council. 1917, c. 14, s. 230. 339. If any assessor makes a fraudulent assessment or wilfully or fraudulently inserts in the assessment roll the name of any person who should not be entered therein, or wilfully or fraudulently omits the name of any person wha 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. 1917, c. 14, s. 231. 340 — (1) Upon the completion of the assessment roll as provided in section 232, the assessor shall forthwith mail to each person whose name and address appear on the roll a. notice of his assessment. Mailing of notice RURAL MUNICIPALITIES Cap. 89 1630 (2) The entry of the date of the mailing of such 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 facie evidence that the person's address is unknown. (3) When all of the said notices are mailed as herein provided, the assessor shall forthwith transmit the roll to the secretary. 1917, c. 14, s. 232. 341. The assessor shall also, within two weeks after the Po»t «<>*>«* completion of the roll, post up a notice in the following form and in the manner provided by section 75 : The Kural Municipality of ISTo. ^*"'" Assessment Roll, 19 Notice is hereby given that the assessment roll of the rural municipality 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 jurid- ical day except Saturday (and on that day from ten o'clock in the forenoon until noon). 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 dav of 19 . A. B., 1917, c. 14, s. 233. Assessor. 343. Every notice of assessment given as provided bv Notice of J 1 <• 1 Ml assessment section 240 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 com- plaints may be lodged with the secretary as fixed by the public notice under section 241 hereof. 1917, c. 14, s. 234. 243. ISTo assessment shall be invalidated by reason of an Error in . , . . . ' ^ ^. form of error, omission or misdescription m any assessment notice .issessment or by reason of the nonreceipt of such notice by the person to "° '"* whom it was addressed. 1917, c. 14, s. 235. 344. If any person thinks that he or any other person CompiaiDts has been wrongly assessed or assessed too high or too low, assessment 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 aforesaid lodge a complaint with the secretary of the municipality, and every such complaint shall contain a post office address to which any notice required may be sent to the complainant. 1917, c. 14, s. 236. 1640 Cap. 89 RURAL MUNICIPALITIES Form of notice of appeal Notice of bearing Fixiug the basis of valuo in rural municipalities When meeting held Time of notice 245. Every such complaint, shall he in the following form : To the secretary of the Rural Municipality of No. Sir, — I hereby appeal against the assessment (or nona»- sessment) of on the following grounds (here state grounds of appeal). Dated this day of 19 . C. D.. 1917, c. 14, s. 237, Appellant. 346. The secretary shall forthwith notify every such appellant, and every other person whose assessment is affected thereby, of the time and place of the sittings of the council to hear the said appeal. 1917, c. 14, s. 238. 247. — (1) The assessor shall also, upon the completion of the assessment roll, immediately notify the Wild Lands Tax Commissioner of the fact, and the said commissioner may, upon such information and after such inquiries as he may deem suitable, direct the assessor to raise or lower, in and for the purposes of the municipal assessment for the following year, the general scale of assessment of all lands within the municipality as shown on the assessment roll for the current year, and the values so determined shall be the values for the purposes of the taxation of wild lands here- under as well as for the purposes of the assessment and taxa- tion of all other lands for general municipal purposes. (2) The values as determined under subsection (1) shall not be the subject of appeal save as provided by subsection (3) but such values shall remain the assessable values of lands within the municipality until altered by a further decision of the commissioner. (3) The value at which any specified land has been assessed may nevertheless be varied upon appeal if it appears that such value does not bear a fair and just proportion to the values at which other lands in the municipality are assessed. 1917 (sess. 2), c. 28, s. 14; 1919-20, c. 26, s. 31. 248. 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. 1917, c. 14, s. 239. 249. Every such notice shall be posted by registered letter to the post office address of such person, if any, as entered on the assessment roll or as indicated in 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 daja before the sitting of the council. 1917, c. 14, s. 240. RURAL MUNICIPALITIES Cap. 89 1641 350. The council shall be the court of revision for revis- c^^^j^ ing the assessment roll. 1917, c. 14, s. 241. 251. Before the sittings of the council the secretary shall ippeais prepare a list of the appeals in the following form, which list shall be posted at the office of the secretary and shall remain so posted during the sittings of the council : Appeals to be heard by the council of the Kural Munici- pality of No. on the day of 19 . Matter complained of Overcharged on land Name omitted Not bona fide ovmer or tenant etc. 1917, c. 14, s. 242. 253 (1) The secretary shall be the clerk and secretary cierk of the council in connection with assessment appeals. (2) The clerk may, when required so to do, issue a sum- mons 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 $2 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 con- viction to a penalty not exceeding $50 and costs: Provided however that the council hearing the appeal may for good and sufficient reasons excuse such persons from attending before them, and in such event no penalty shall be incurred by reason of such nonattendance. 1917, c. 14, s. 243. 253. The appeals shall be heard as far as possible in the c°^^i^^^ <>' order in which they stand upon the said list ; but the council ' '""''"°^ may adjourn or expedite the hearing of any appeal as they think fit. 1917, c. 14, s. 244. 254. If the appellant or any other person whose assess- Nonappear- ment 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. 1917, c. 14, s. 245. 355. (1) It shall not be necessary to hear upon oath the Evidence complainant or assessor or the person complained against, except where the council deems it necessary or proper or 1642 Cap. 89 RURAL MUNICIPALITIES 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 may be administered by any member of the council hearing the appeal. 1917, c. 14, s. 246. Termination of sittings 256. All the duties of the council as a court of revision shall be completed by the first day of September, and no appeal to the council shall be heard after that date except as provided in section 273. 1917, c. 14. s. 247. Amenilment of roll Adoption of roll 357. Forthwith after the conclusion of the sittings the secretary 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. 1917, c. 14, s. 248. 258. The roll with any amendments made as aforesaid shall 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 as provided herein and according to the procedure prescribed herein. 1917, c. 14, s. 249. Correction of errors 259. The council may at any time correct any gross and palpable errors in the roll, and any corrections so made shall be initialed by the secretary. 1917, c. 14, s. 250. APPEAL FROM COURT OF REVISION TO JUDGE. Appeal lies to judge Notice of appeal Secretary notifiea judge Notice to parties 260. An appeal to the judge shall lie not only against the 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. 1917, c. 14, s. 251. 261. The person appealing shall in person or by agent serve upon the secretary, within eight days after the decision of the court of revision, a written notice of his intention to appeal to a judge. 1917, c. 14, s. 252. 262. The secretary shall, immediately after the time limited for filing notices of appeal, forward a list of the appeals to the judge; and such judge shall fix a day and place for the hearing of such appeals. 1917, c. 14, s. 2.53. 263. — -(1) The secretary shall thereupon give notice to all parties appealed against in the same manner as is pro- vided for giving notice on a complaint ; but, in the event of failure by the secretary to have the required service in any RURAL MUNICIPALITIES Cap. 89 1643 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. (2) The secretary shall also forward to the Wild Lands Tax Commissioner a notice of the time and place fixed by the judge for the hearing of appeals, accompanying the same with a list of all appeals affecting wild lands. 1917, c. 14, s. 254; 1917 (sess. 2), c. 28, s. 15. 264. The secretary shall cause a conspicuous notice to be Notice of posted up in his office containing the names of all the appel- '''"'^*^ lants and parties appealed against, with a brief statement of the grounds or causes of appeal together with the time and place at which a court will be held to hear appeals. 1917, c. 14, 8. 255. 265. The secretary shall be the clerk of such court. ^^^^^ **' 1917, c. 14, s. 256. 366. At any court so holden the judge shall hear the ^^'^J"^™'"^"* appeals, and he may adjourn the hearing from time to time Hnd defer judgment thereon at his pleasure. 1917, c. 14. s. 257. 267. At the court to be holden by the judge to hear the Tn^'i^^^nd- appeals, the secretary shall appear and produce the assess- '"^°* **^ '**" ment roll and all papers and writings in his custody con- nected 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 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. 1917. c. 14, s. 258. 268. In such proceedings the judge shall possess all such witneaaee powers for compelling the attendance and for the examina- tion 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. 1917, c. 14, s. 259. 269. The costs of proceedings before the judge shall be ^°^* paid by or apportioned between the parties in such manner as he thinks proper ; and where costs are ordered to be paid by a party payment of the same may be enforced by execu- 1644 Cap. 89 RURAL MUNICIPALITIES tion, 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. 1917, c. 14, s, 260. TaxatioD 370. The costs chargeable or to be awarded in any case shall be the costs of witnesses and of procuring their atten- dance and none other, the same to be taxed accordinir 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. 1917, c. 14, s. 261. .^jdc^finftY 371.-^(1) Subject to the provisions hereinafter con- tained, the decision of the judge shall be final and conclusive in every case adjudicated upon. Appeal to court of appeal re school assessment Council may order addition to roll Notice til persons affected b\ correction of roll Binding effect of amended roll (2) Where the ground of appeal was that the appellant or some other person was wrongly assessed as a public or separate school supporter, an appeal shall lie from the judge of the district court to the Court of Appeal. (3) The procedure on such appeal shall be the same as is or may be provided on an appeal from a final order, judg- ment or decision of the district court in a civil action. 1917, c. 14, s. 262. 373. Ifj at any time within one month from the date on which all complaints against the assessment shall be lodged with the secretary as provided by section 256, it is discovered that any person liable to assessment is not assessed or that there is an 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 initialed by the secretary. 1917, c. 14, s. 263. 373. In the event of anv such addition to or correction of the roll without the knowledge or consent of the person affected thereby, a notice as required by section 246 shall be sent to such person by the secretary and he shall be given every reasonable opportunity to complain or appeal against the said assessment. All complaints and appeals so made shall be heard and determined as nearly as may be in the manner provided by this Act. 1917, c. 14, s. 264. 374. — (1) When the roll is finally completed and the time during which complaints and appeals against the assess- ment may be made has elapsed, the secretary shall over hia signature enter at the foot of the last page of the roll 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 shall be valid RURAL MUNICIPALITIES Cap. 89 1 64& and bind all parties concerned, notwithstanding any defect or error committed in or with regard thereto, or any defect, error or misstatement in any notice required by this Act or anv ornission to deliver or to transmit such notice. (2) If at any time before the first day of December it is discovered that the property of any taxable person or part thereof is not included in the roll, the assessor shall notify such taxable person by registered mail, if he resides or has a place of business within the municipality, that at a meet- ing of the council to be held at least six days after such notice, an application will be made to the said council to make an assessment in respect of such property for such sum as may be deemed right, and that such taxable person is required to attend such meeting to show cause why the said assessment should not be made and as to the amount thereof. (3) If such taxable person does not reside or have a place of business in the municipality, then such notice shall be posted by registered letter to the post office address of such person fifteen days before such meeting of the council. (4) After such notices have been mailed as aforesaid and after the expiration of the time mentioned therein, or if such taxable person be not known then without any notice, the council may make an assessment in respect of such property and direct the assessor to enter the same and the name of the taxable person if known upon the proper tax roll as it shall direct. (5) All the provisions of this Act as to appeals from assessments shall apply, as far as applicable, to any such assessment. (6) Immediately after such assessment is made, 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 roll and the rates shall be collectible in the same manner as other taxes. 1917, c. 14, s. 265. 375. A copy of the roll or of any portion thereof written Evidence or 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 eourt of justice without the production of the original assess- ment roll. 1917, c. 14, s. 266. TAXATION. 376. The council of every municipality shall, as soon as Estimate* practicable in each year, prepare in detail an estimate of the probable expenditures of the municipality for the year, and 1646 Cap. 89 RURAL MUNICIPALITIES such estimate shall include the sum required to repay anj temporary loan or to meet any debenture coupons which may fall due during the year. 1917, c. 14, s. 267. Levy of rate 377. Upon the completion of the estimate, the secretary shall lay before the council the revised assessment roll of the municipality for the year, certified as provided by section 274, and the council shall by resolution authorise the treasurer of the municipality to levy upon all the lands and other property entered in the said roll such taxes at the uniform rate on the dollar as shall be deemed sufficient to meet the estimate, and in fixing the said rate the council shall make due allowance for the nonpayment of taxes. 1917, c. 14, s. 268; 1919-20, c. 26, s. 32. Uniform rate of taxation 278 — (1) Subject to subsections (2) and (3), the uni- form rate of taxation to be authorised by the council as pro- vided in section 277, shall not in any one year exceed 1 per centum of the assessed value of the rateable property, accord- ing to the last revised assessment roll. (2) In the case of any municipality which has raised a loan by way of debenture, the council may in any year if deemed advisable increase the said rate by such additional rate as shall be sufficient to meet any debenture coupons that may be accruing due during the year. (3) Taxes imposed at any time under The Local Improve- ments Act or The Local Improvements Act of 1912 upon lands within the municipality shall be collected by the muni- cipality. (4) For the purpose of providing proper sanitary service within a hamlet, the council may impose a special tax upon each lot or parcel of land on which is situate a dwelling house which will have the benefit of the sanitary service. 1917, c. 14, s. 269; 1919-20, c. 26, s. 33. Rural school diatriots within municipality 379. In case a municipality includes within its limits the whole or a part of a rural or village school district erected under The School Act, the council shall assess and levy in each year within the district or portion of the district, as the case may be, such rates as shall be sufficient to meet the sums required to be raised in the district or portion thereof for the purposes of the district; and such rates shall be assessed and collected in the same manner as municipal rates and taxes. 1917, c. 14, s. 271 ; 1918-19, c. 37, s. 17. • Material supplied by school trustees 380. On or before the first day of August in each year the board of trustees of every school district referred to in section 279 shall transmit to the treasurer of each munici- pality in which the district is situated in whole or in part : RURAL MUNICIPALITIES Cap. 89 1647 (a) a map or plan showing the area and boundaries of the said district; (&) a detailed statement showing the amount required to meet the expenditures of the district for the year ; (c) a certified copy of the resolution of the board of trustees showing the amount required to be levied on all assessable lands in the district for the year ; (d) within the first year in which this section shall apply to any school district, a detailed statement of all arrears of school taxes due to the school dis- trict showing the hinds on which they are levied, the respective years for which they are due and the several amounts thereof due for each of such years. 1917, c. 14, s. 272; 1918-19, c. 37, s. 18. 281. In case any municipality includes within its limits wi''>n^^_^^.^^ part of a town school district erected under The School Act, inoiudes town ■t . - or village the council shall assess and levy in each year, m accordance school district with the. provisions of The School Assessment Act, such rates as shall be sufficient to meet the sums required to be raised within such portion of the district for the purposes of the district; and such rates shall be assessed and collected in the same manner as municipal rates and taxes. 1917, c. 14, s. 273 ; 1918-19, c. 37, s. 19. 383 (1) On or before the fifteenth day of March in each f^^'jj";"!,';''^"^^^*' year the board of trustees of every school district referred to ment in section 281 shall make a demand upon each municipality in which the district is in part situated for the share of the amount required which is to be assessed in that municipality ; and shall accompany the demand with a statement of the total sum required for the purposes of the district for the current year, and the assessed value of the property rateable for the purposes of the district in each municipality as shown by the revised assessment rolls of such municipality for the preceding year. (2) For the purposes of this section the expression "mimi- cipality" shall include a city, town, village or rural munici- pality. 1917, c. 14, s. 274. 383 (1) On or before the first day of September in J°*',|f^i each year the treasurer of each municipality shall enter in ron the assessment roll for the year in the several columns pro- vided for the purpose as shown in the form contained in section 232 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: 1648 Cap. 89 rural municipalities 1. The rate on the dollar levied by the municipality to meet the estimated expenditure of the municipality as hereto- before provided; 2. The rate on the dollar to be levied by the treasurer for school purposes; 3. The rate fixed by The Supplementary Revenue Act; 4. The sum total of the rates levied against each lot or parcel of land; 5. The total taxes due for the current year on each lot or parcel of land; 6. The arrears of taxes levied under any authority due on each lot or parcel of land; 7. The sum total of all taxes due on each lot or parcel of land. (2) In the event of the total tax payable by any person under this section for the purposes of the municipality being less than two dollars, the tax to be entered in the roll as payable by such person for such purpose shall be two dollars. (3) In the event of the total tax payable by any person under this section for school purposes being less than two dollars, the tax to be entered in the roll as payable by such person for such purpose shall be two dollars. (4) All arrears of school taxes levied before the organisa- tion of the municipality on lands within the municipality shall be collected by the municipality, and shall be trans- ferred immediately after collection to the treasurer of the school district in which the land against which such arrears were levied is situated. 1917, c. 14, s. 275. rtatcmenthy ^^^ — ^^^ ^^ ^^ boforc the first day of March of each school dis^t riot year, or in the case of a school district established sub- sequently to the first day of March as soon thereafter as possible, the board of trustees of every school district referred to in section 279 shall transmit to the secretary treasurer of the municipality a statement showing the estimated expendi- ture of the district for the year, and the council shall pay to the school district one-quarter of the amount of such estimated expenditure on or before March 31, one-quarter on or before June 30 and one-quarter on or before Septem- ber 80 of the said year, and the balance of the taxes which the board of trustees has required the council to levy for the current year shall be paid on or before December 31 of the said year. In the case of village school districts such estimate shall be based upon the amount payable from each municipality to the school district in the previous year. (2) The statement above mentioned shall show the amount of any debenture instalment falling due within a year, and RURAL MUNICIPALITIES Cap. 89 1649 the date on which it falls due, and the payment by the council for the quarter during which such date occurs shall be varied to include such instalment. (3) By mutual agreement between any rural municipality and a school district situated wholly or in part therein, the payments mentioned may be made at different dates from those above prescribed. 1917, c. 14, s. 27G; 1918-13, c. 37, fl. 20. 385. All school taxes or moneys actually collected or due a. rears of by a municipality remaining unpaid to the trustees of any '^' "' '"''* rural or village school district after the dates fixed by this Act for the payment of the same shall be a debt due by the municipality to the school district, and may be recovered by suit in the name of the board of trustees of such school district. 1917, c. 14, s. 277; 1918-19, c. 37, s. 21. 286. It shall be the duty of the council of every rural Arrears 'J 'I p:iii| over municipality to transfer to the treasurer of any village or town school district situated partly within its limits, at least monthly, any taxes in the case of towns, or any arrears of taxes which the rural municipality may have collected on behalf of the said district. 1917,' c. 14, s. 278; 1918-19, c. 37, s. 22. 287. — (1) On or before the thirty-first day of December 'i axes due to , ^ 1 1 1 T i 1 rural telephone m each year or at a later date but not less than two weeks .-..mpanies prior to the date upon which the next debenture paymenr of the rural telephone company falls due, the council shall pay to any rural telephone company for which it collects taxes the whole amount of the taxes due to such company for the year ending on such thirty-first day of December. (2) The council may borrow moneys, on the credit of the taxes to be collected for the current year for any rural telephone company, to an amount not exceeding 80 per centum of the total estimated taxes so to be collected. (3) In any case where the council borrows the amount to be paid to a rural telephone company under this section, the interest on the loan shall be payable to the municipality by the rural telephone company. 1917, c. 14, s. 279; 1917 (sess. 2), c. 28, s. 17. 288. Where a rural school district is situated partly in Kurai school a rural municipality and partly in a territorial unit or partly S^y within in two or more rural municipalities, each municipality, or, '"""""ipahtiea in the case of a territorial unit, the board of trustees shall assess and levy each year a share of the amount required for the purposes of the district, bearing the same proportion to the total amount to be levied as the assessed value of the property taxable for such purposes in the municipality or 1650 Cap. 89 RURAL MUNICIPALITIES territorial unit bears to the assessed value of all such property within the district according to the last revised assessment rolls of the different municipalities, or the municipalities ;ind the school district, as the case may be, for the year preceding that in which the levy is to be made. 1917, c. 14, s. 280. ... Statement o assessed vali of rateable property 289. — (1) The secretary of the rural municipality in which a portion of any rural school district, village school district or town school district lies shall forthwith on demand furnish the secretary of the board of trustees with a certified statement of the assessed value of the property rateable for the purposes of the district within that portion of the municipality which is comprised within the district, accord- ing to the last revised assessment roll for the preceding year, and with any other information necessary to the board of trustees for the purpose of making returns required by the department of education. (2) Any secretary, who fails to furnish such statement as required, shall be guilty of an offence and liable on sum- mary conviction to a penalty not exceeding $10 per day for every day during which the default continues, and in case of nonpayment forthwith after conviction to imprisonment for a period not exceeding one month. 191Y, c. 14, s. 281. EQUALISATION OF SCHOOL RATES. Adjustmeut of levy where rural_ school district in various municipalities 390 — -(1) E'otwithstanding anything in this Act or The School Assessment Act, where a rural school district is situate in two or more municipalities, or partly in one or more municipalities and partly in a territorial unit, one- fourth of the resident ratepayers of the portion of the district contained within one of the municipalities or within the territorial unit, as the ease may be, may, on or before the first day of May in any year, apply by petition signed by them to the secretary of the district for an adjustment of the proper proportionate amounts to be levied for the current year by the municipalities, or by the municipalities and the board of trustees. (2) The secretary shall forthwith upon receipt of the said petition, duly verified by statutory declaration, notify the assessors of the municipalities in which the school district is situate, or the assessors of the municipalities and the assessor appointed by the board of trustees for the territorial unit, of the said application, and the said assessors shall, at least thirty days prior to the mailing of the tax notices, meet and determine what ]iroportion of the taxes to be levied on behalf of the school district shall be levied upon the taxable property of the ratepayers of the school district RURAL MUNICIPALITIES Cap. 89 1651 situate in each of the municipalities or situate in the muni- cipalities and in the territorial unit respectively, as the case may be. (3) The assessor of the municipality in which the school house is situate, or if the school house be situate in a terri- torial unit, the assessor of the school district shall call the meeting of the assessors. (4) ISTotice of the determination shall be given forthwith to the secretary of the school district and to the secretary of each municipality. (5) Where the assessors disagree, the Minister of Muni- cipal Affairs shall appoint an arbitrator who with the asses- sors shall form an arbitration committee to determine the matter and report to the secretary of the school district and the secretary of each municipality not later than ten days prior to the mailing of the tax notices. (6) The decision of a majority of the members of the arbitration committee shall be final and conclusive. (7) The costs of proceedings imder this section, including the fees of assessors and arbitrators, shall be paid by the municipalities, and in the case of a territorial unit by the school district, in the same proportion as the amounts to be levied for the purposes of the school district by the said oro-anisations bear to each other. (8) The minister shall have power to fix and determine the fees of assessors and arbitrators and the other costs of proceedings under this section. 1917, c. 14, s. 282. COLLECTION OF TAXES. 391 (1) The treasurer shall mail to each person whose Mailing 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. (2) 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. (3) Every such notice shall show the property assessed, the several rates of taxation for the current year as herein- before 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. 1917, c. 14, s. 283. Vol. II.— 17. tax 1652 Cap. 89 RURAL MUNICIPALITIES Taxes where •payable Taxes first lien 393. All taxes levied under the provisions of this Act shall be payable at the office of the treasurer of the munici- pality. 1917, e. 14, s. 284. 39o. The taxes accruing upon or in respect of any land in the municipality shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon except claims of the Crown. 1917, c. 14. s. 285. Penalty for nonpayment of taxes 394 (1) In the event of any taxes remaining unpaid after the thirty-first day of December of the year in which the same are levied, there shall be added thereto by way of penalty a sum equal to 8 per centum of the arrears; and u]-)on the expiry of each succeeding year during which the whole or any portion of the combined amount of taxes and penalty or penalties remains unpaid, an additional sum equal to 8 per centum of the arrears shall be added thereto. (2) Amounts so added shall form part of the taxes which by the preceding section are created a special lien upon land. (3) Nothing in this section contained shall be construed to extend the time for ])ayment of the said taxes or in any way impair the right of distress or any other remedy pro- vided by this Act. for the collection of the said taxes. 1917, c. 14, s'. 286. Receipt book for taxes Arrears first charge on tax payments Procedure for recovery of taxes 395. The treasurer shall enter with the date of receipt all amounts paid him for taxes on the assessment roll opposite the lot or ]iarcel of land for which such payment is made, and he shall issue an official receipt for every such payment ill sncli form as may from time to time be approved by the minister. 1917, c. 14, s. 287. 396 (1) The treasurer shall, upon the written request of any person assessed who pays only a portion of the taxes due by him, credit such person in the assessment roll as having paid such taxes as that person may select: Provided that, if arrears of taxes are due by such person, the taxes received shall first be applied in payment of the arrears. (2) In case a person pays only a portion of tbe taxes due by him and does not, as provided in the next preceding sub- section, siimify the manner in which the payment is to be applied, the treasurer shall first apply the amount in pay- ment of any arrears due by such person. 1917. c. 14, s. 288. 397. — (1) In case a ])erson who occu|jies land but is not the reo-istered owner neglects to pay his taxes for thirty days after the mailing to him or his agent of the notice required bv section 291, "the municipality may levy the sam.e with RURAL MUNICIPALITIES Cap. 89 1653 costs by distress and sale of the goods and chattels of the defaulter, or of any goods and chattels in his possession wherever found within the municipality, or of any goods and chattels found on the premises in respect of which the taxes have been levied the property of or in the possession of any other occupant of the premises, and the costs charge- able shall be the same as those alloAved in the schedule to The Distress Act. (2) No distress shall be levied under this section between the first day of April and the first day of September in any year. (3) The treasurer shall, by advertisement posted up in at least five widely separated conspicuous places in the muni- cipality, give at least ten days' notice of the time and place of sale, naming the person, if known, for payment of whose taxes the property is to be sold; and, at the time stated in the notice, the 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. (4) 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. (5) If the claim is contested, such surplus money shall be paid over by the treasurer to the clerk of the court, who shall retain the same until the respective rights of the parties have been determined bv action at law or otherwise. 1917, c. 14, s. 289; 1917 (sess. 2), e. 28, s. 18; 1918-19, c. 37, s. 23. for taxes 398. — (1) Overdue taxes may be recovered by suit as a Suit 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 pro- vided bv section 291 were mailed, as shown by the assess- ment roll. 1917, c. 14, s. 290; 1917 (sess. 2), c. 28, s. 19. 299. — ^fl) The secretary treasurer shall on demand issue Tax • . ■ certificate a certificate under the seal of the municipality, showing the issue of taxes due against any parcel of land, and he may charge a fee of twenty-five cents for furnishing such certificate if it does not contain more than five lots or parcels, and a further fee of ten cents for every additional lot or parcel. (2) Not more than $5 shall be charged for any certificate. 1654 Cap. 89 RURAL MUNICIPALITIES Taxes on ares created a Tillage (3) Fees received by the secretary treasurer for tax certifi- cates shall form a part of the revenues of the municipality. 1917, c. 14, s. 291. Binding effect 300. A Certificate issued under the provisions of section 299 when signed by the secretary treasurer, shall be deemed to have been properly executed and shall be binding upon the municipality. 1917, c. 14, s. 292. 301. — (1) All taxes for municipal purposes due on any land included in a municipality which may thereafter be withdrawn therefrom and comprised within the limits of a village, town or city, shall continue to be due to the munici- pality. (2) 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 taxes on land so situated shall apply. (3) Where such taxes are due on land comprised within the limits of a village, the treasurer of the municipality shall, as the taxes are collected, pay over to the council of the village one-half of the amounts received. A^o/e.— Sections 312 to 323 inclusive of The Rural Muni- cipality Act, being, chapter 87 of The Revised Statutes of Saslmtcheivan 1909, as amended by chapters 30 and 31 of the Statutes of 1912-13, chapter 46 of the Statutes of 1913, chapter 15 of the Statutes of 1914, chapter 21 of the Stat- utes of 1916 and chapter 37 of the Statutes of 1918-19-, are to be read as part of this Act for certain purposes under The Arrears of Taxes Act. 1917, c. 14, s. 293. PART VIII. Expropriation and Arbitration. Interpretation 303. In this part, uulcss the context otherwise requires: (a) "land" shall include a right or interest in, and easement over, land; "owner" shall include mortgagee, lessee, tenant, occupant, a person entitled to a limited estate or interest in land, a trustee in whom land is vested, a committee of the estate of a lunatic, an executor, an administrator and a guardian. 1917, c. 14, s. 302. (^) Council may 303. In casc the council desires to acquire land for any acquire land ^^^^^^^^ authorised by this Act, the council, if it cannot acquire the land at 'a fair price by agreement with the RURAL MUNICIPALITIES Cap. 89 1655 owners, may pass a bylaw to expropriate the same in the name and on behalf of the municipality. 1917, c. 14, s. 303 ; 1919-20, c. 26, s. 34. 304 (1) The council shall make to the owners of land Compensation taken in the exercise of any of the powers conferred by this Act due compensation therefor, and shall pay damages for any land injuriously affected by such exercise. (2) Such compensatiop or damages shall be the value of the land taken or the amount of the injury done, as the case may be, less any increased value which the contemplated work may give to the remaining lands of the claimant beyond the increased value common to all the lands in the locality. (3) Any claim for such compensation or damages, if not Arbitration mutually agreed upon, shall be determined by arbitration under this Act. (4) Where part only of the land of an owner is expropri- ated, there shall be included in the award a sum sufficient to compensate him for any damages directly resulting from severance. 1917, c. 14, s. 304. 305 — (1) Before taking any land the council shall J^^nnand deposit with the secretary plans and specifications showing **^^° the land to be taken or used, the work to be done thereon and the names of the owners thereof according to the last revised assessment roll and the records of the proper land titles office. Such plan shall be prepared by a Saskatchewan land surveyor. (2) The secretary shall thereupon cause to be served upon Notification every owner of the land to be expropriated a notice of the intention of the council to proceed with the work or under- taking, and to expropriate the land necessary therefor, of the date of such deposit, and that all claims for compensa- tion for the land so to be taken, with the amount and par- ticulars thereof, must be filed with him within a stated period after the service of such notice. (3) Where the person to be served resides within Saskat- F»iinR da™ chewan, the time allowed for filing a claim shall be fifteen days after service of the notice. Where the person to be served resides outside Saskatchewan he shall be allowed such time as may be ordered by the judge on application by the municipality. (4) The date of the deposit of the plans and specifications ^g^enl'iring shall be the date with reference to which the amount of compensation compensation shall be ascertained. (5) If any claimant under this section has not filed his ^^'^^j^^^^l^ claim within the period 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. 1917, c. 14, s. 305. 1656 Cap. 89 RURAL MUNICIPALITIES Claim for damages, when and how made liOii. Exccjtt wlierr the pers^oii entitled is iiii infant, a I 111 Kit ie, or of nnsoiind mind, a claim for damages resulting from his land heing injuriously affected shall be made in writing, with particulars of the claim, within one year after the injury was sustained, or after it became known to such person, and, if not so made, the right to sucb damages shall be forever barred. 1917. c. 14, s. 306. Publication of completion Claims by infants, etc. :507. — ( 1) The council may authorise the secretary to give notice in a local newspaper of the completion of any iiiunici])al work forthwith after the person in charge of the work has given his final certificate. Such notice shall state the last day, which shall not be sooner than three months from the first publication of such notice, on which a claim for damages in respect of land not taken but injuriously affected by tlie work may be filed with the secretary. (2) The notice shall also state that the owner of such land must file with the secretary within three months after publication of the notice his claim for damages, stating the amount and particulars of such claim. ( 3 ) Such notice shall be inserted in three successive issues of a daily newspaper [niblished in the municipality, if any; otherwise in such issues of a weekly paper there published, or, if there be none such, of a newspaper circulating in the municipality, and the date of the first ])ub]ication of such notice shall be the date in respect of which the damages shall be ascertained. (4) Except in the cases mentioned in section 308, any claim not made within the period limited shall be forever barred, unless upon application to a judge of the Court of King's Bench, made not later than one year from the publica- tion of the notice, and after seven days' notice to the inunici]iality, the judge allows the claim to be made. 1917, e. 14, s. 307; 1917 (^ess. 2), c. 28, s. 21. 308. In the case of an infant, a lunatic or a person of unsound mind, a claim for damages may be made within, one year, or within one year after he ceased to be under the disnbility, whichever shall be the longer, or in case of his death while under disability within one year after his death, and, if not so made, the right to compensation shall be for- over barred. 1917, c 14, s. 308. Easements :509. The provisions of sections 306, 307 and 308 shall not apply where an ex)iro])riating bylaw provides for acquir- ing an easement or right in the nature of an easement, and the damages arise from the exercise of such easement or ridit. 1917, c. 14, s. 309. RURAL MUNICIPALITIES Cap. 89 1657 310. A claim for eonipcnsation for lands taken or damages g*^,*7,^^^'°° in respect of lands injuriously affected shall be deemed to lan.i appurtenant to the land, and shall pass by any transfer or conveyance thereof. 1917, c. 14, s. 310. :511 (1) If the owner of the land is absent from ^as- o_^yJer^^ katchewan, or is unknown, or cannot be found, or if thei-e is no person competent to contract with tlic municipality for the sale and conveyance of the laud, the jiidge may, on _ the application of the miinici))ality a])iioinr a jjcrsou to acr for the owner, and all acts done, contracts made, and con- veyances executed by such person, shall bo as valid and eifectual as if the same were done, made or exccntccl hy the owner, and he were of full auc and ccmipetent to do the act. make the contract or execute the conveyauce. (2) In case any i>erson acting as aforesaid h'ls not the absolute estate in the ])roperty. the municipality shall ))ay the amount to be paid in resjiect of such ]n-oi)erty as a judae shall direct into couiT, and the umnicipalitv shall not be bound to .see to the nppliration of auv sum so i);iid. I'.M 7. c. 14. s. 811. 312. Tf auv iierson To whom compensation oi' damages iXvnient into • ' , J? T V, court on are payable refuses to execute the jirojier transter, discnarge rcf.^ni t-< or other instrument, or if it is made to appear to the judge fransfer that for any other reas(m it is ]n-oper that the com|)ensation or damasz:es should l>e ]iaid into court, the judiic mav siivc leave to the municij^ality to make snch ]iaymeul iutd coni't. 1917. c. 14, s. 812. 313. In every case in which leave is given to i)ay money i-iiprest into court, the judge may, iu his discretion, (u-der the muni- cipality to pay in addition six months' interest on the am LOCAL IMPROVEMENTiS than is noeessarv to effect the improvements required in such district the rate of assessment may l)e reduced to such les& amount per acre as the minister may determine; Provided further that any person whose assessment would be less than fifty cents shall ho assessed fifty cents, (2) ]^otwithstanding anything in subsection (1), the holder of lands under a grazing lease or license from the Dominion Government shall not be taxed in respect of his occupancy, or of his beneficial or equitable interest therein, at a higher rate than three-quarters of a cent per acre. 1912-13, c. 82, s. 7; 1917, c. 34, s. 31; 1917 fsess. 2), e. 29, s. 3 f redrawn). roll 9. As soon as possible after the beginning of each year or after the organisation of a district an assessment roll shall be prepared for each district upon which shall be entered as accurately as may be the following information: . (a) each lot or parcel of land owned or occupied within the district and the number of acres it contains; (h) the name and post office 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. 1912-13, c. 32, s. 8. AssesbiiuMit if owner or occupant;; address unknown 10. If after reasonable inquiry the name or address of the owner or occupant of any lot or parcel of land in a district cannot be ascertained, the same shall be deemed to be duly assessed if entered on the roll as "owner unknown" or "address unknown," as the case may be. 1912-13, c. 32, s. 9. Notice of a«sessnipnt 11. Upon completion of the assessment roll it shall be signed by the minister ; and a notice shall then be sent by ordinary mail to each person whose name appears upon the roll stating the land in respect of which such person is assessed and the amount of such assessment and requesting payment of same ; and the entry upon the assessment roll of the date of mailing such notice together with the initials of the clerk mailing the same shall be prima facie evidence that the notice was duly mailed on that day. 1912-13, 10. ' c. 32, s Correction of errors in roll 13. If any property in a district in respect of which any person should have been assessed has been omitted from the assessment roll or 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^ LOCAL IMPROVEMENTS Cap. 90 1669 such addition or alteration being initialed by the clerk mak- ing the same and a notice of assessment in accordance with such addition or alteration shall forthwith be sent to the owner of the property affected. 1912-13, e. 32, s. 11. 13. The taxes accruino- upon or in respect of anv land in^'^^^''^ >-j ^ I « lion ana a district shall be paid in cash and shall be a special lien ^^^^^^^ '" upon such land having priority over any claim, lien, privilege or incumbrance thereon. 1912-13, c. 32, s. 12. 14 — (1) In case any ratepayer neglects or refuses to , .a y Distress for his taxes in a district for two months after the mailing of the notice as provided by section 11, the minister 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 and may im]X)nnd and sell the same on the premises where ■distrained. (2) In the event of any taxes remaining unpaid after the '^'^'''^'°''^' . ' t' r^ I gum or "thirty-first dav of December in the year in which the same ^",";^ ' . ' •' arl'ipcl to over- are levied, there shall be added thereto by way of penalty «iue taxes a sum equal to eight per centum of the arrears, and upon the ■expiry of each succeeding year during which the whole or any portion of the combined amount of taxes and penalty -or penalties remains unpaid, an additional sum equal to eight per centum of the arrears shall be added thereto. Amounts so added shall form part of the taxes which by section 13 are created a special lien upon the land. (3) Nothing in this section contained shall be construed to extend the time for payment of the said taxes or in any way to impair the right of distress or any other remedy l^rovided by this Act for collection of the said taxes. 1912-13, c. 32, s. 13; 1918-19, c. 38, s. 4. 15. — (1) The taxes collected in any district shall be depos- Moneys ited in a chartered bank to the credit of the district's trust pended" account; and shall be expended under the direction of the minister in making such improvements as may from time to time be required in the district. (2) The minister may also authorise the expenditure of Purchase of such sums from the funds of any district as may be deemed ^°^ ^^ ^°'^"" advisable for the purchase and distribution of poison or poison materials for the extermination of gophers in the said district. (3) The details of the expenditure in any district shall he published in the public accounts annually submitted to the Legislative Assembly. 1912-13, c. 32, s. 14; 1919-20, ■s. 27, s. 2. 1570 Cap. 90 LOCAL IMPROVEMENTS Accounts audited Disorganisa- tion or altera- tion of boundaries Return of arrears Made Holding court for confirma- tion of return 16. All accounts and contracts for work in districts shall be in duplicate and shall be audited hy the Provincial Auditor and properly certified by him before being paid. 1912-13, c. 32, s. 15.' IT. Should it at any time be deemed expedient to dis- organise or alter the boundaries of any district or to with- draw an area therefrom or to amalgamate any two or more districts which have been organised, such disorganisation, alteration, withdrawal or amalgamation may be effected by order of the minister. 1912-13, c. 32, s. 16. 18. The minister shall cause to be made within the first fifteen davs of January in each year a return of arrears, showing all lands in each district upon which taxes have not been paid together with the years for which such taxes are due. 1912-13, c. 32, s. 17. 19. — (1) On application by the Attorney General or some solicitor authorised by him to a judge of a district court in chambers such judge may appoint a time and place for the holding of a court of confirmation of the return mentioned in section 18, notice of which shall be published in every issue of The Sasl'atcliewan Gazette for two months and contemporaneously therewith 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. (2) A notice of the time and place fixed for confirmation of such return 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 office address is shown by said records or return ; and the entry against ,such lands on the date of mailing such notice, together with the initials of the clerk mailing the same, shall without proof of the appointment or sig-nature of the said clerk be priyna facie evidence that the required notice has been mailed. 1912-13, c. 32. s. 18. AdjudicatioB by judge 20 — (1) At the time and place appointed the judge shall: (a) hear the application, the objecting parties and the evidence adduced, and adjudge and determine whether or not the taxes imposed upon the respec- tive parcels of land included in the return were wholly or partly in default ; (&) confirm the return as to those parcels on which taxes are in arrears, naming the amounts severally and adding thereto a reasonable sum for the expense of advertising and a sum for costs of the applica- tion ; and LOCAL IMPROVEMENTS Cap/ 90 1671 (c) report the adjudication to the Attorney General. (2) Such adjudication when registered as hereunder pro- rided, shall vest in His Majesty in the right of the province the said lands, subject to redemption by the owners at any time within one year after the date of the adjudication by payment to the minister of the amounts named, with expenses and costs, together with a redemption fee of five cents per acre, such fee not being less in any case than $2, and any subsequent taxes paid by the minister. (3) In default of redemption within the time limited the land shall be vested in His Majesty free from all liens, mortgages and incumbrances and charges of every nature and kind 'whatsoever, save such as may be held by or on behalf of the Crown. (4) In this section, and in sections 22, 23 and 24, the word "taxes" includes the penalty provided by section 14. (5) For the purposes of this section all taxes shall be held to be due on the first day of January of the year within which the same are imposed. (6) In the event of any person successfully opposing confirmation 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 minister. (7) A copy of said adjudication certified by the minister shall be forthwith 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 it shall be the duty of the registrar to register the same against the lands therein named. (8) A copy of the said adjudication shall also be sent by registered mail to the persons to whom by subsection (2) of section 18 of this Act 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 herein provided. 1912-13, c. 32, s. 19 (redrawn). 31. If any person interested in any parcel of land con- coBts tained in the return presented to the judge for confirmation paid°a "r' as provided by section 20 of the Act pays the taxes upon f^^ge**'"° ** 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 $1 for each quarter section or portion thereof in lieu of the costs of application to the judge and advertising and postage in connection with such proceedings; and any sum so paid shall form part of the general revenue. 1912-13, «. 32, s. 20. 1672 Cap. 90 LOCAL IMPROVEMENTS fedemmio.r" ^^ — (1) When the taxes on any parcel of land together with the expenses and redemption fee provided for in section 20 have been paid to the minister within one year from the date of said adjudication, the minister shall issue to the person paying the taxes a certificate (form A), which certifi- cate shall on presentation to the registrar of the land regis- tration district in which the lands named therein are situated be registered by him free of charge and without proof of the signature thereto, and the said certificate when so registered shall discharge and release the said lands from the said adjudication and the effect thereof. (2) If the said certificate of redemption has not been received by him as aforesaid, the registrar shall on request of the minister issue free of charge a certificate of title to the lands not so redeemed in favour of His Majesty in the right and to the use of his Province of Saskatchewan. 1912-18, c. 32, s. 21. Payment •of taxes by minister !e 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 the voting upon any such bylaw as aforesaid, or who knowingly pays or causes to be paid money to any person in discharge or repayment of money wholly or iu ]iart expended in bribery at any such election or at the voting upon any such bylaw : 5. Everv voter who before or durinff an election or before or during the voting on any such bylaw directly or indirectly, by himself or any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable considera- tion, office, place or emi)lovment for himself or any other person for voting or agreeing to vote, or refraining or agree- ing to refrain from voting, at any such election or upon any such bylaw ; 6. Every person who, after any such election or the voting u|)on any such Ivy] aw, directly or indirectly, by himself or any other person on his behalf, receives any money or valu- able consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from \'oting at any such election or upon any such bylaw ; 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 conveving voters to and from any poll as aforesaid. R.S.S. 1909,' c. 90. s. 3; 1910-11, c. 41,' s. 4. Threats, etc. 4. Every ]ierson who directly or indirectly, by himself or by any other person on his behalf, makes use of or threaten* CONTROVERTED MUNICIPAL ELECTIONS Cup. 91 1677 to make use of any force, violence or restraint, or inHiets or threatens the infliction l),v himself or hy or through any other person of any injury, damage, harm or loss, or in any manner practises intimidation n])on or against any person in order to induce or compel such jjcrson to vote or refrain from voting at an election or at the voting upon a bylaw or on account of such |)erson having voted or refrained from voting thereat, or who l>y abduction, duress or any fraudulent device or contrivance impedes, prevents or otherwise inter- feres with the free exercise of the franchise of a voter, or thereby com})els, induces or prevails upon a voter to give or refrain from giving his vote at an election or at the vote upon a bvlaw, shalfbe deemed to have committed the offence of undue influence. R.S.S. 1900, c. 90, s. 4. expenses 5. The actual personal expenses of a candidate, his expenses Personal for actual professional services performed and all bona pae payments for the fair cost of printing and advertising shall be'^held to be expenses lawfully incurred and the ]iayment thereof shall not be a contravention of this Act. E.S.S. 1909, e. 90, s. 5. <>. When, upon a motion in the nature of a '[Uo inarrnnto,Kvidenri^ a question is raised as to whether the candidate or any voter «(irran nature of a quo ivarranto, of an act of bribery or of using undue influence as aforesaid, shall forfeit his seat and shall be ineb'o-ible as a candidate at any election for foui- years thereafter. R.S.S. 1909. c. 90, s. 7. 8. Any person, who is adjudged guilty of an oifence within Disquaiifioa- the meanino- of section 3 or section 4, shall incur a penalty of $100 and shall be disqualified from voting at any election or upon any bylaw for the next succeeding two years. R.S.S. 1909, c. 90, s. 8. 9. The monev penalty imposed bv section 8 shall be Recovery of i-ecoverable with full costs of suit by any person who sues for the same in the district court, and any person against whom judgment is rendered shall be ineligible either as a candidate or an elector until the amount so recovered against him has been fully paid and satisfied. R.S.S. 1909, e. 90, s. 9. 1678 Cap. 91 CONTROVERTED MUNICIPAL ELECTIONS Imprison- ment 10. The judge may 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 exceeding thirty days as is directed by the said judgment, and in case of such default of payment the judge may 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. R.S.S. 1909, c. 90. s. id. Report oi liability to penalty Record of disqualified persons Witnesses Privilege of witnesses Limitation Kxemption 11. The judge who finds a candidate guilty of a contra- vention of section 3 or section 4, or who condemns any person to pay a penalty imposed under section 8 shall report the same forthwith to the clerk of the municipality. R.S.S. 1909, c. 90, s. 11. 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 3 or section 4 and whose names have bee» reported to him by the judge. R.S.S. 1909, c. 90, s. 12. 13. Every witness shall be bound to attend before the judge, upon being served with a subpoena directing his attendance and upon payment of the necessary witness feea and conduct monev, and in default thereof he mav be punished for contempt. R.S.S. 1909, c. 90, s. 13. 14. ISTo person shall be excused from answering any question put to him upon the hearing of a motion in the nature of a quo warranto, or in any proceeding touching or concerning an election or the voting upon a bylaw or the conduct of any person in relation thereto, on the ground of 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 a proceeding under this Act against such person, if the 'judge gives him a certificate that he made full and true answers to the satisfaction of the judge. R.S.S. 1909, c. 90, s. 14. 15. All proceedings under this Act, other than an appli- cation in the nature of a quo ivarranto against any person for violation of section 3 or section 4, 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 bylaw as aforesaid. R.S.S. 1909, c. 90, s. 15. 16. No pecuniary penalty or forfeiture imposed by this Act shall be recoverable for an act of bribery or a corrupt CONTROVERTED MUNICIPAL ELECTIONS Cap. 91 1679 j^ractice at an election or at the voting upon a bylaw, 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 him that the person so charged took the first step towards the commission of the offence charged and was in fact the principal offender. RS.S. 1909, c. 90, s. 16. IT. The clerk of the municipality shall, prior to every Duties •< election or the voting upon a bylaw, furnish every deputy returning officer and assistant deputy returning officer with at least two copies of sections 3 and 4; and it shall be the duty of the officer presiding at every polling place to post the same in conspicuous places at his polling place and to see that thev are kept so posted during the hours of polling. E.S.S. 1909, c. 90, s. lY; 1912, c. 42, s. 15. TRIAL OF CONTESTED ELECTIONS. 18. In case the validity of the election of a member of a Trial of . . .,,.., , contested municipal council or his right to hold the seat is contested, election the 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 eouncil has become disqualified or has forfeited his seat since his election) any voter may be the relator for the purpose. R.S.S. 1909^, c. 90, s. iS. motion 19 — (1) If, within six weeks after an election, a relator Notice o/ shows by affidavit to a judge reasonable grounds for sup- posing 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 validity 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 his fiat authoris- ing the relator, upon entering into a sufficient recognisance as hereinafter provided, to serve a notice of motion in the nature of a quo umrranto to determine the matter, (2) The recognisance shall be entered into before the judge, or before a commissioner for oaths, by the relator in the sum of $200 and by two sureties to be allowed as suffi- cient by the judge upon affidavits of justification each in the sum of $100 ; and shall be conditioned to prosecute the 1680 C'ap. 91 CONTROVERTED MUNICIPAL ELECTIONS motion with effect aud 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. (8) When the sufficiency of the said sureties has been determined and the said recognisance has been allowed as sufficient by the judge, he shall note or indorse thereon and upon the fiat allowing service of the notice of motion the words "recoguisance allowed" and shall initial the same. K.S.S. 1909,' c. 90, s. 19. Contents of notice 20. — (1) The notice of motion shall be at least a seven clear days' notice, and it may either state the return day of the motion or may state that the notice 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 disqualifi- cation of the respondent, or as the case may be. R.S.S. 1909. c. 90, s. 20. .Affidavits, etc. Service Time of service 31. Before 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 ; in such case he shall name in his notice the witnesses whom he pro- poses to examine. R.S.S. 1909, c. 90, s. 21. 22. The notice shall be served in such manner as the judge shall direct. R.S.S. 1909, c. 90, s. 22. 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 bv the judge. R.S.S. 1909, c. 90, s. 23. Claim of seat Combination of motions 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. R.S.S. 1909, c. 90, s. 24. 3.5. In case any of the grounds of objection apply equally to two or more persons elected, the relator may proceed by one motion against all such persons. R.S.S. 1909, c. 90, s. 25. CONTROVERTED MUNICIPAL ELECTIONS C'ap. 91 1681 36. Upon the hearing of the motion the relator shall not Grounds of 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 to have been duly elected upon any ground not speci- fied in the notice of motion; but the judge, in his discretion, may entertain anv substantial ground of objection to or m support of the validity of the election of either or any of the parties which may appear in the evidence l)efore hmi. E.S.S. 1909, c. 90!^ s. 26. 27. The judge may require the clerk of the municipality ^,^°t"3«=*»«° ^' to produce before him such ballot papers, books, voters' and other lists, and such other records pi the election and papei*s in his hands connected therewith, as to the judge may from time to time seem fit. E.S.S. 1909, c. 90, s. 27. !• Returning 28. The iudee ma\ if he thinks proper, at any stage ot officer, etc., the proceedings, make an order adding the returning otticer .j^ded or any deputy returning officer or assistant deputy returning officer or any other person as a party thereto. R.S.S. 1909, c. 90, s. 28. 29. The judge may allow any person entitled to be a'fXT'""" relator to intervene and prosecute or defend, and may grant paries a reasonable time for that purpose ; and an intervening party shall be liable or entitled to costs like any other party to the proceedings. R.S.S. 1909. c. 90, s. 29. 30. The judge shall, in a summary manner without "*'='""^ formal pleadings, hear and determine the validity 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. R.S.S. 1909, c. 90, s. 30. , . , p . 1 • 1 J Judgment 31. In case the election complained ol is adjudged invalid, the judge shall by the judgment order the respon- dent to be removed and his seat shall ipso facto be vacated ; and, in case the judge determines that any other person was duly elected, the judge shall forthwith order such other per- son to be admitted to the office. R.S.S. 1909, c. 90, s. 31. 32.— (1) Where an election has been held invalid owing LmbUitj^of to the improper refusal of a returning officer or deputy officer, etc. returning 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. 1682 Cap. 91 CONTROVERTED MUNICIPAL ELECTIONS (2) Nothing herein contained shall affect any right of action against a returning officer, deputy returning officer or assistant deputy returning officer, or shall be deemed to relieve such returning officer from any other penalty or punishment to which he may be liable. E..S.S. 1909, c. 90, s. 32. Form and effect of order R«tum 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. R.S.S. 1909, c. 90, s. 33. 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 proceed- ings are entitled, there to remain of record as a judgment of the court; and as occasion requires the judgTuent may be enforced in the same manner as an ordinary order of man- damus and (for the costs awarded) by writs of execution. R.S.S. 1909, c. 90, s. 34. Disclaimer •fter motiou Tranemis- caoB 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 solicitor, or he may cause to be delivered to the said clerk and to the relator or his solicitor, a disclaimer signed by him in the form or to the effect follow- ing: I, A. B., upon whom a 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 he) of (name of municipality), 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. R.S.S. 1909, c. 9(), s. 35. 36. The disclaimer or the envelope containing the same shall be indorsed on the outside thereof with the word ''dis- claimer," and shall, if sent through the post, be registered at the post office where it is mailed. R.S.S. 1909, c. 90, s. 36. CONTROVERTED MUNICIPAL ELECTIONS Cap. 91 1 68S 37. When there has been a contested election the person d^^I^'^^^j^^ elected may, at any time after the election and before his election is complained of, deliver to the clerk of the mnnici- pality a disclaimer signed by him as follows : I, A. B., do hereby disclaim all right to the oflfice of (mayor, reeve, overseer, alderman or councillor, as the case may he) for (name of municipality) and all defence of any right I may have to the same. Dated this day of 19 • (Signed) A. B. R.S.S. 1909, c. 90, s. 37. 38. A disclaimer filed under section 37 shall relieve the g^g^^ ^, person making it from all liability to costs, and, where a disciaimei disclaimer has been made in accordance with section 35 or section 37, it shall operate as a resignation and the vacancy so created shall be filled in the manner provided by the pro- visions of the law governing the municipality respecting the filling of vacancies in the council. R.S.S. 1909, c. 90, s. 38. 39. Every person disclaiming under section 35 shall Transmis.- deliver a duplicate of his disclaimer to the clerk of the muni- ^'°° cipality and the said clerk shall forthwith communicate the same to the council. R.S.S. 1909, c. 90, s. 39. Vol II.— 18 CHAPTER 92, H An Act respecting Municipal Public Works. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : SHORT TITLE. Short title 1. This Act may be cited as The Municipal Public Works Act. R.S.S. 1909, c. 91, s. 1. WATERWORKS AND SEWERS. Construction of waterworks and sewer? 2. The corporation of any city or town, hereinafter called the corporation, shall have power to construct, build, pur- chase, improve, extend, hold, maintain, manage and conduct waterworks and all buildings, materials, machinery and appurtenances thereto belonging in the municipality and in the neighbourhood thereof as hereinafter provided, and either in connection with waterworks or not a system of storm sewers or sanitary sewers or both. K.S.S. 1909, c. 91, s. 2. Carrying out the works 3. The corporation may employ such engineers, sm'vey- ors or other persons and may rent, with such conditions, covenants and stipulations as may bo deemed requisite, or may purchase, at its option, such lands and buildings, waters and privileges as in the opinion of the council may, during the construction or at any future time, be necessary or expedient for carrying out the purposes of this Act. R.S.S. 1909, c. 91, s. 3, redrawn. Dseand 4, ^)^q corporation, its enffineers, servants and workmen, measure ol r } , . ' , -i i. n any required from time to time and at such times as the council shall see land fit, may : (a) enter into and upon, take or use the land of any person, body politic or corporate in the municipal- ity or within any distance thereof: (h) survey, set out and ascertain such parts thereof as are required for the purposes of the water works or sewers ; and (c) contract with the owner or occupant of the said land and any person having a right or interest in any water for the purchase or renting thereof, or of any part thereof, or of any privilege connected therewith that may be required for the purpose of MUNICIPAL PUBLIC WORKS Caj). 92 1685 the water works or sewers, at the option of the corporation. K.S.S. 1909, c. 91, s. 4; 1912, c. 42, s, 16, redrawn. 5. The corporation may construct, erect and maintain in Jf^^^^'g^*^''"" and upon any lands acquired under the provisions of this ne^'^e^^^ary Act, all reservoirs, waterworks and machinery requisite for the undertakino- and for conveyino' the water thereto and therefrom in, upon and through any lands lying intermediate between said reservoirs and waterworks and the rivers, ponds and springs, streams or waters from which the same are procured and the municipality, by one or more lines of pipes as may from time to time be found necessary or expedient. R.S.S. 1909, c. 91. s. 5. 6 (1) The corporation and its servants under their /"t^^^J^"^** authority may, for the said purposes enter and pass upon and over the said lands intermediate as aforesaid and the same may cut and dig up if necessary and may lay down the said pipes through the same and in, upon, through, over and under the highways, streets, lanes, roads or other passages intermediate as aforesaid, and may for the purposes of such waterworks enter and pass upon and over such lands as the corporation deems expedient and the same may cut and dig up if necessary, and may lay sewers through the same and in, through over and under highways, streets, lanes, roads and other passages. (2) All lands not the property of the municipality and all highways, roads, streets, lanes or other passages so dug up or interfered with shall be restored to their original con- dition without unnecessary delay. (3) The corporation may enter upon, set out, ascertain, purchase, use and occupy such parts of the said lands as it thinks necessary and proper for making and maintaining the said works or for opening new streets required for the same ; and for purchasing the lands required for the protection of the said works or for preserving the purity of the water supply, or for taking up, removing, altering or repairing the same and for distributing water to the inhabitants of the community or for the uses of the corporation or for the proprietors or occupiers of the land through or near which the same may pass. R.S.S. 1909, c. 91, s. 6. 7. For the purpose of distributing water or for the pur- D'stnbution pose of sewerage as aforesaid, the corporation may sink and lay down pipes, tanks, reservoirs and other conveniences, and may from time to time alter all or any of the said works as well in the position as in the construction thereof as it deems advisable. R.S.S. 1909, c. 91, s. 7. 168.6 Cap. 92 MUNICIPAL PUBLIC WORKS Vested owner of works, eto. 8. All works, pipes, erections and machinery requisite for the undertaking shall be vested in and be the property of the corporation of the municipalitv constructing the said works. R.S.S. 1909, c. 91, s. 8. o"ewer«'^^ 9. — (1) Scrvice pipes or sewers which may be required shall be constructed and laid down up to the outer line of the street by the corporation, and the corporation shall be solely responsible for keeping the same in repair. (2) In cases where vacant space intervenes between the outer line of the street and the wall of the building or other place into which the water is to be taken or with which the sewer is to be connected, the corporation may, with the con- sent of the owner, lay the service pipes across such vacant space and charge the cost thereof to the owner of the premises, or the owner himself may lay service pipes or sewers provided the same is done to the satisfaction of the corporation or of the person appointed by it in that behalf. (3) The expense incidental to the laying and repairing as hereinafter provided of the service pipes or sewers, if laid or repaired by the corporation (except the repairing of the service pipes or sewers from the main pipe to the outer limit of the street as aforesaid, which shall be borne solely by the corporation) or of superintending the laying or repairing of the same if laid or repaired by any other person, shall be payable by the owner on demnnd to the corporation, or if not paid may be collected forthwith in the same manner as water rates: Provided that in no case shall the expense of superintend- ing the laying or repairing of such service, if laid or repaired by any other person as aforesaid, exceed $2. R.S.S. 1909, c. 91, s. 9. dervice pipes 10. — (1) The servicc pipes or sewers from the line of under control street to the iutcrior face of the outer walls of the building .>f .orporation g^^^p^-^j^ together with all branches, couplings, stopcocks and apparatus placed therein by the corporation, shall be under its control ; and if any damage is done to this portion of the service pipe or sewer or its fittings, either by neglect or otherwise, the occupant or o^vner of the lands shall forthwith repair the same to the satisfaction of the corporation ; and, in default of his so doing whether notified or not, the corpora- tion may enter upon the lands where the service pipes or sewers are, and, by its officers, agents or servants, repair the same and charge the same to the owner of the premises as hereinbefore provided. (2) The stopcock placed by the corporation inside the wall of the building shall not be used by the water tenant except in cases of accident or for the protection of the build- ing or the pipes and to prevent the flooding of the premises. MUNICIPAL PUBLIC WORKS Cap. 92 1687 (3) Parties supplied with water by the corporation may be required to place only such taps for drawing and shutting off the water as are approved of by the corporation. R.S.S. 1900, c. 91, s. 10. 11. Any person authorised bv the corporation for that Power to " ij:ii 1 inspect purpose shall have free access at proper hours ot the clay and premises upon reasonable notice giyen and request made, or in case of the written authority of a commissioner given in respect^ of the special case without notice, to all parts of every building or other premises in which water is delivered and consumed or which is served by a sewer, for the purpose of inspecting or repairing as aforesaid or for placing meters upon any service pipe or connection within or without any house or building, as he deems expedient; and, for this purpose or for the purpose of protecting or of regulating the use of such meter, may set or alter the position of the same or of any pipe connection or tap, may fix the price to be paid for the use of such meter and the times when and the manner in which the same shall be payable, and may also charge for and recover the expenses of such alterations ; and such price and the expense of such alterations may be collected in the same manner as water rates. R.S.S. 1909, c. 91. s. 11. 13 (1) The corporation shall regulate the distribution Regulating ^ and use of the water in all places and for all purposes where and rates the same may be required, and may from time to time fix the prices for the use thereof and the times of payments; and it may erect such number of public hydrants and in such places as it shall see fit and direct in what manner and for what purposes the same shall be used, all which it may change at discretion, and may fix the rate of rent to be paid for the use of water by hydrants or fire plugs and public buildings. (2) The sum payable by the owner or occupant of any house, tenement, lot or part of a lot for the water supplied to him there or for the use thereof, and all rates, costs or charges by this Act to be collected in the same manner as water rates, shall be a preferential lien and charge on the house, tenement, lot or part of a lot ; and may be levied and collected in like manner as municipal rates and taxes are by law recoverable. R.S.S. 1909, c. 91, s. 12. 13 (1) The corporation mav, from time to time, make Bylaws for \ / ■ sr " ' , .ii'Aj. maintenance bylaws rules and reenilations not inconsistent with this Act and manage- ^ ' ^ ment of "^QY ; works and collection (a) the general maintenance or the management or of rates conduct of the water works and of the officers and others employed in connection with them; (&) collection of the water rates; 1688 Cap. 92 MUNICIPAL PUBLIC WORKS (c) fixing the times when and the places where same shall be payable; and (d) allowing discount for prepayment. (2) In case of default in payment of water rates, the corporation may enforce payment : (a) by shutting off the water; (6) by action in a court of competent jurisdiction; and (c) by distress and sale of goods and chattels of the owner or occupant, or of any goods and chattels in his possession wherever the same may be found within ten miles of the property in respect of which the water rate is payable, or of any goods and chattels found on the premises the property of or in the possession of any other occupant of the premises; but where the arrears exceed three months no distress therefor shall be made of goods ■ and chattels which are not the property of the person liable for the water rate. (3) The distress and sale may be conducted in the same manner as distress sales are conducted for arrears of taxes, and the costs chargeable shall be those payable under The Distress Act. R.S.S. 1909. c. 91, s. 13 (redrawn). Collectors and others 14 — (1) The corporation may employ the ordinary collectors and assessors and such other persons as may be necessary to carry out the objects of this Act, and may specify their duties and fix their compensation. (2) All such persons shall hold office at the pleasure of the corporation or as the corporation shall determine by bylaw, and shall give security as the corporation shall from time to time require. (3) Such assessors and collectors shall have and may exercise the same powers in the performance of their duties as they possess for the collection of municipal taxes. R.S.S. 1909, c. 91, s. 14 (redrawn). Nonliability for breakage or Btoppage 15. The corporation shall not be liable for damages caiised by the breaking of a service pipe or attachment, or for shutting off water to repair mains : Provided that reasonable notice of the intention to shut off the water shall be given whenever the same is intended to be shut off for more than six hours at any one time. R.S.S. 1909, c. 91, s. 15. Power to Bupply water outside of city 16. The corporation shall have power and authority to supply with water upon special terms any person or corpora- tion outside the municipality, and may exercise all other power necessary to the carrying out of their agreement with MUNICIPAL PUBLIC WORKS Cap. 92 1689 such corporation or person, as well within the suburbs as within the municipality ; and it may also from time to time make and carry out any agreement deemed expedient for the supply of water to a railway company or factory: Provided that, where such water is to be supplied in another municipality which itself possesses waterworks, no pipes for this purpose shall be carriL-J in, upon, through, over or under any highway or public street, lane, road or passage within such other municipality without the consent of the council of such municipality ; in such case agreement may be for a term of years or otherwise. R.S.S. 1909, c. 91, s. ifi. 17 (1) The corporation mav make bvlaws for pro- Rviaws pro- hibiting bv fine, not exceeding $20 and costs, or by imprison- fui use of o -^^ " . „~ ' "^ 1 . water and ment m the first instance tor any term not exceeding one roguiating month, the tenant, occupant or inmate of any house, building "" or other place supplied with water from the waterworks from : (a) lending, selling or disposing of the water; (h) giving it away or permitting it to be taken or carried away : (c) using or applying it to the use or benefit of others or to any other than his own use and benefit; or (d) increasing the supply of water agreed for with the corporation, or wrongfully neglecting or improp- erly wasting the water. (2) The corporation may also make bylaws regulating the time, manner, extent and nature of the supply by the works to the tenement or parties to which and to whom the same shall be furnished, the price or prices to be exacted therefor and each and every other matter or thing related to or connected therewith which it may be necessary or proper to direct, regulate or determine in order to secure the inhabitants of the municipality a continued and abundant supply of pure and wholesome water, and to prevent the practising of frauds upon the corporation with regard to the water so supplied. (3) The amount of the fine, the duration of the imprison- ment, and also the option between fine and imprisonment, shall be in the discretion of the justice of the peace before, whom anv proceedings may be taken for the enforcement of the bylaw. R.S.S. 1909, 'c. 91, s. 17 (redrawn). 18. In case a petition, signed by two-thirds of the resident f^^^J't^^J^'^ burgesses of the municipality qualified to vote on bylaws of^watei- requiring the assent of the electors, is presented to the coun- cil of the corporation asking for the construction of water- works under the powers conferred on the corporation by this Act: 1690 Cap. 92 MUNICIPAL PUBLIC WORKS 1. It sli;il! he the duty of the council to submit a bylaw for tlic purpose to the vote of the burgesses and the council shall forthwitli prepare a bylaw for the submission of the (piestion in accordance with the prayer of the petitioners, or in such form as maj- be approved by the vote of two-thirds of the members of the council, and shall submit the same to the vote of the burgesses within six weeks after the receipt of iho petition by the council ; 2. The power of the municipal council shall not be deemed to l)e abridged by this Act except as expressly stated herein; o. 'riie i)roceedings in taking the vote and the persons having the right to vote shall be the same as nearly as may be as are required by the municipal law in force in respect of the particular municipality concerned in case of bylaws creating debts. R.S.S. 1909. c. 91, s. 18. If bylaw approved council constructs works 19. If the bylaw be approved by two-thirds of the duly cpialified burgesses voting thereon, it shall be the duty of the council to pass the bylaw and forthwith to proceed in the construction of the works : Pi-ovided always that the council may for any good cause, if deemed ex]:)edient, by a vote of two-thirds of its members, liold the works in abeyance until after the next general nniin>i]ial electiou. R.S.S. 1909, c. 91, s. 19. T,TGTrTTXCr, HEATING AND POWER WORKS. Conatructioii of light, heat and power works 20. — (1) The corporation shall have power to: (a) manufacture and supply for its own use and the use of the inhabitants of the municipality gas, including natural gas, for heating, cooking and all other purposes for which gas can be used ; (b) manufacture and supply electric, galvanic or any other artificial light, heat or power either in con- nection with gas or otherwise ; (c) construct, purchase, improve, extend, hold, main- tain, manage and conduct any works for the fore- going purposes which it may deem necessary; (d) acquire any patent or other rights for the manu- facture or production of artificial light, heat or power ; and (e) su])])ly, sell or lease all fittings, machines, appara- tus, meters or other things required for the pur- poses aforesaid. (2) The cor]ioration may sell or dispose of coke, tar and every product, refuse or residue obtained in or from its said works, and any surplus of coal it may have on hand. MUNICIPAL PUBLIC WORKS ('u|). 92 1691 (3) The corporation shall have power to rem or [)iiichase such lands and buildings as it deems necessary or a(l\aii- tageous for the purposes aforesaid. R.S.S. 1909, c. 91, s. 20 (redrawn). 21. The corporation may, for the purpose of hiving down. Breaking taking up, examining or keeping in repair the pipes, wires "''^'^'^*'^*'' or rods used for conducting the gas, electricit_y or other means of producing light or heat or power, break up, diu and trench in, upon, through, ovei" and under tlic highways, streets, lanes, roads, squares and other public passages and places in the municipality, or, with the consent of the owner, in, upon, through, over or under any private property ; or may, upon poles or otherwise, conduct such wires and rods along and across such streets, lanes, roads, squares and other public passages and places or with the consent of the owner upon private property. E.S.S. 1909, c. 91, s. 21. 33. — (1) Where there are buildino's within the uiiuiifi- Carryiug ™, . pipes and palitv difPerent parts whereof belono- to different in-oiirietors wires • • c T rv '" IT 1 through or are m possession of dilferent tenants aurl lessees, the parts of corporation may carry pipes, wires or rods to any part oi any building so situate, passing over the property of one or more proprietors or in the possession of one or more tenants, to convey the gas, electricity or other means of providiiii: light or heat or power to the property of anothei- or in the possession of another. (2) Such pipes, wires or rods shall be carried up and attached to the outside of the building, unless consent is obtained to carry the same inside. R.S.S. 1909, c. 91, s. 22. 33. The corporation may also break up and uplift all Jf^^^fg'^f "p passages common to neighbouring proprietors or tenants and dig or cut trenches therein for the purpose of laying down pipes or wires or taking up or repairing or examining the same, doing as little damage as may be in the execution of the powers hereby conferred and restoring such passages to their original condition without unnecessary delay. TJ.S.S. 1909, c. 91, s. 23. * 34. The corporation shall construct its a'as and other PuWic ^ , , ' , , health and works and all apparatus and appurtenances thereunto belong- safety not • • 1 • . 1 J 1 1 1 ^ to be en- ine; or appertaining or therewith connected ana wheresoever dangered situated so as not to endanger the public health or safety. R.S.S. 1909, c. 91, s. 24. 3.5. Where the corporation has constructed anv works for Supplying ..',. •1T11 1 buildings on supplying the municipality with light, heat or power as here- request inbefore provided, and where there is a sufficient supply thereof, it shall be the dutv of the corporation to supply all buildino-s within the municipality situate upon land lying 1692 Cap. 92 MUNICIPAL PUBLIC WORKS Bylaws for maintenance and manage- ment of work? Enforce payment of rates Extend works beyond city along the line of supplies, upon the same being requested hj the o^\^ler, occupant or other person in charge of any such building, at the customary charges and on the customary terms. E.S.S. 1909, c. 91, s. 25. 26. The corporation may, from time to time, make and enforce all necessary bylaws, rules and regulations for the general maintenance and management of all the works con- structed or maintained under this Act, and of the officers or others emploj^ed in connection with them and for the collection of the rates and charges for supplying gas or electricity or other means of providing light or heat or power hereunder, and for the rent of fittings, machines, apparatus, meters or other things leased to consumers, and for fixing such rates, charges and rents and times and places when and where the same shall be payable; and the corporation may allow for prepayment or punctual payment such discount as it may deem expedient. E.S.S. 1909, c. 91, s. 26. 21. — (1) The corporation may enforce payment of such rates, charges or rents by action in any court of competent jurisdiction, or by distress and sale of the goods and chattels of the person owing such rates, charges or rents wherever the same may be found in the municipality in which the gas, electricity or other means of providing light, heat or power is supplied. (2) Such distress and sale shall be conducted in the same manner as distress sales are conducted for arrears of taxes and the costs chargeable shall be those payable to bailiffs under The Distress Act. (3) Where a consumer discontinues the use of gas or other means of providing light or heat or power furnished by the corporation, or the corporation lawfully refuses to continue any longer to supply the same, the officers and servants of the corporation may at all reasonable times enter the premises in or upon which such consumer was supplied with gas or the means of providing light or heat or power, for the purpose of removing therefrom any fittings, machines, apparatus, meters, pipes or other things, the property of the corporation, in or upon the premises, and may remove the same therefrom doing no unnecessary damage. E.S.S. 1909, c. 91, s. 27. 38. The corporation may, under a bylaw of an adi'oining municipality, exercise the like powers within the adjoining municipality as it may under this Act within its own muni- cipality, upon such terms as may be agreed upon ; and the corporation of the adjoining municipality may require to be paid a sum in gross or annually for such privile2:e, or may pay a sum in gross or annually therefor. E.S.S. 1909, c. 91, s. 28. MUNICIPAL PUBLIC wouKs Cap. 92 169S 39. In case any person, firm or company has laid down Restrictiom main pipes for the supply of gas in or through any of the Tiready *"* streets, squares or public places of the municipality, the ^"**""^ corporation shall not, without the consent of such person, firm or company first had and obtained nor otherwise than upon payment to such person, firm or company of such compensation as may be agreed upon, lay down any main pipe for the supply of gas within six feet of the main pipes of such person, firm or company, or, if it be impracticable to cut drains for any such main pipes at a greater distance, then as nearly six feet as the circumstances of the case will admit. This section is subject to any antecedent agreement between such person, firm or company and the municipal ■corporation. R.S.S. 1909, c. 91. s. 29. GENERATE. 'iO. The corporation shall do as little damage as mav be n° unneces- ,1 ,. ^,1 ii-A 1 . " ■, ^'^'■y damage m the execution oi the powers by this Act granted to it and tob* done shall make reasonable and adequate satisfaction to the ■owners, occupiers or other persons interested in the land, w^ater, rights, or privileges entered upon, taken or used by the corporation or injuriously afl^ected by the exercise of its powers ; and. in case of disagreement, the compensation or damages shall be ascertained as provided in like cases by the municipal law in force in respect of the municipality concerued. R.S.S. 1909. c. 91, s. 30. •51' — (1) The attempt to collect any rates by process ^Y*'"p'' '•° hereinbefore mentioned shall not in any way invalidate the "ot to. >nvai>- !• .1 • 1'ic ' • ^ 1 date lien lien on the premises as hereinbetore provided. (2) In the event of the rate remaining uncollected and unpaid and continuing a lien upon the i3remises the amount of the rate so in arrears shall be returned by the collectors to the clerk of the municipality annually on or before the eighth day of April or such other time as may be fixed by the corporation by bylaw in that liehalf ; and such amount, together with interest at the rate of ten per cent, per annum, shall thereupon be collected by the clerk by sale of the lands and premises in the same manner and subject to the same provisions as in case of the sale of lands for arrears of taxes. R.S.S. 1909, c. 91, s. 31. .32. The corporation and its officers, ao-ents and servants ^'■°**^''*" shall have the like protection in the exercise of their respec- °f "ffi"®"^ tive offices and the execution of their duties as public officers have under the laws of the jirovince. and the watchmen and other officers of the corjioration when in the discharge of their duties shall be ex officio possessed of all the powers and authority of constables. R.S.S. 1909. c. 91. s. 32. 1694 Cap. 92 MUNICIPAL PUBLIC WORKS rx^mpt'ifroni *^*^* ^^^ materials procured or partly procured under con- execution tract witli tile corporation, and upon which the corporation shall liave made iulvniicc^s in accordance with such contract, shall be exempt from seizure under execution. R.S.S. 1909, c. 91, s. 33. Property exempt from taxation li4. TIic lands, buildings, machinery, reservoirs, pipes, |Kil(>is. \vii'(>s, rods, meters, fittings, and all other real or personal property connected with or appertaining or belong- ing to any work under this Act shall be exempt from taxation for uiuiiicipal, scliool oi' other ]>ur])oses. K.S.S. 1909, c. 91, s. 34. ex'^emp^from '*'"*• -"^ " pi'opertv owiicd by the corporation under the dlstress^'"^ authority of this Act shall be liable to seizure by way of distress 'for vent. R.S.S. 1909, e. 91, s. 35. Power to sell property (1) Tlie corj)oration may dispose of any real or iiropci'ty acquired by it for the purposes of this Act 1 mav rent or lease the same o IIIK |icrs(»iia when iin longer needed, an< until sold. . • - > (2) Property so sold shall be free from any charge or lien ou acfoiint of any mortgage, bonds, debentures or other securities issued by the corporation, but the proceeds of sale shall l~ie added to and form part of the fund for redemption f any siicli securities constituting a charge thereon. (3) Such ])roceeds may be reinvested in similar property (lev the authority of this Act, which substituted property hall iiiiiiK^diately upon being acquired become subject to snch secinitics as were a charge upon the property sold, or should no snch securities then exist, shall form part of the general funds of the corporation and may be applied accordingly. (4) 111 cas<> credit is given for any portion of the purchase money of such real ]iroperty, the corporation may take s(^('nrity by way of mortgage to secure the same; and the corporation shall have all the rights, powers or remedies exprcs'^cd in or implied by any mortgage given as fully as if the mortgage had been given to a private person; and ('\-ery snch mortgage and the proceeds thereof shall be subject to the in-o\isions of subsections ri\ (2) and (3). K.S.S. 1909. c. 91, s. 36 (redrawn). No councillor to be inter- ested in any contract .'IT. Xo mciiihcr of the council shall personally hold any citutract in connection with works under this Act, or be directly or indirectly interested in the same or any of them; l»nt no ])ersoii shall be held to be disqualified from being elected or sitting as a member of the council by reason of his beins: a taker or consumer of water, light, heat or power supplied by the corporation, or by reason of any dealing or MUNICIPAL PUBLIC WORKS Cap 92 1695 oontr-act with the corporation with reference to the supply of water, light, heat or power to such person. R.S.S. 1909, o. 01, s. 37. 38. All persons and corporations who shall bv themselves, Liability o/ ^ . ^ 1 p 1 1 ' • • persons their' servants or agents by act, deianlt, neglect or omission doing damage occasion any loss, damage or injury to public works con- structed under the provisions of this Act, or to any plant, machinery, fitting or appurtenances thereof shall be liable to the corporation for or in respect of such damage, loss or injury and damages in respect thereof may be recovered by the corporation in any court of competent jurisdiction. RS.S. 1909, c. 91, s. 38. 39. The corporation may purchase or lease any ^^'orks p^^^''*j*'« "^ constructed for the supply of water, light, heat and power ^';';^^°8 within or in the neighbourhood of the municipality, and under the provisions of this Act may improve or extend such works. E.S.S. 1909. c. 91, s. 39. 40. If any person does or commits any of the following ?«"»'*■«» acts: 1. Wilfully or maliciously hinders or interrupts or causes or procures to be hindered or interrupted the said corporation or its managers, contractors, servants, agents, workmen or any of them, in the exercise of any of the powers and authorities in this Act authorised and contained; 2. Wilfully or maliciously lets off or discharges water or gas so that the same runs waste ; 3. IS^ot being in the employment of the corporation and not being a member of the fire brigade and duly authorised in that behalf, Vvdlfully opens or closes any hydrant or obstructs the free access to any hydrant, stopcock, chamber pipe or hydrant chamber by placing on it any building material, rubbish or other obstruction; 4. Throws or deposits any injurious, noisome or offensive matter into the water or waterworks, or upon the ice in case such water is frozen, or in any way fouls the water, or com- mits any wilful damage or injury to the works, pipes or water or encourages the same to be done ; 5. Wilfully alters any meter placed upon any service pipe or connected therewith within or without any house, building or other place so as to lessen or alter the amount of water, gas or electricity registered thereby, unless specially author- ised by the corporation for that particular purpose and occasion ; 6. Lays or causes to be laid or attached any pipe or main or wire or rod to communicate with any pipe or main or 1696 Cap. 92 MUNICIPAL PUBLIC WORKS wire or rod of the works, or in any way obtains or uses any water, gas or electricity thereof without the consent of the corporation ; 7. Washes or cleanses cloth, wool, leather, skin or animals or places any nuisance or offensive thing within a distance of one mile from the source of supply for such waterworks in any river, pond, creek, spring, source or fountain from which the water of the waterworks is obtained, or conveys, casts, throws or puts any filth, dirt, dead carcass or other noisome or offensive thing therein or within that distance, causes, permits or suffers the water of any sink, sewer or drain to run or be conveyed in the same or causes any other thing to be done whereby the water therein may be in any way tainted or fouled ; he shall be guilty of an offence and liable upon summary conviction to a penalty not exceeding twenty dollars and not less than one dollar, with costs, or to imprisonment for any term not exceeding thirty days. R.S.S. 1909. c. 91, s. 40 (redrawn). Application of penalties 41. Money penalties recovered under section 40 shall be paid to the convicting justice; and by him paid one-half to the treasurer of the corporation and the other half to the prosecutor, unless the prosecutor is the officer or servant of the corporation in which case the whole of the penalty shall he paid to the corporation. RS.S. 1909. c. 91, s. 41. Works may be single or joint londertakings 42. Any municipal public work provided for in this Act may be constructed, built, purchased, improved, extended, held, maintained, managed and conducted either separately as distinct undertakings or in conjunction as one entire undertaking. E.S.S. 1909, c. 91, s.' 42. Money borrowed a charge on works 43. Any public work constructed or acquired under this Act and all lands acquired for the purpose thereof, and every matter and thing appertaining thereto and all revenues derived therefrom, shall be held to be entirely separate from all other assets of the municipality and shall not be liable for any debt of the municipality heretofore or hereafter contracted on the credit of the municipality at large: and such public work, lands, appurtenances and revenues shall be and are hereby speciallv charged with the repayment of any sums which mav 1)e bon-owed on the credit thereof by the corpora- tion for the purposes thereof, and of any debentures which mav be issued therefor: nnd the holders of such securities shall have a preferential lien and charge on the said work, lands, nprturteranoes and revenues for securing repayment of the same and the interest thereon, irrespective of the order in whiVh thev are issued. RS.S. 1909. c. 91. ?. 43. MUNICIPAL PUBLIC WORKS Cap. 92 1697 44. After the construction of the works all the revenues Application . .-Ot revenue arising from and out of the supplying of water, light, heat or power, or from the real and personal property connected with the works to be acquired by the corporation under this Act, shall, after providing for the expenses attendant upon the maintenance of the works and after payment of the amount payable for principal and interest or sinking fund and interest up to the end of the then current year, be year by year transferred to and form part of the general funds of the corporation and may be applied accordingly. R.S.S. 1909, c. 91, s. 44. 45. In the event of default being made in the P^y™^^* J^gg^ture of moneys so borrowed or the interest thereon, the holders holders on of the debentures may, as often as such default occurs and shall have continued for the space of twelve months, but without prejudice to the jurisdiction of any competent court to interfere before the expiration of that period: (a) enter upon and take possession of the public work or works, lands and appurtenances and operate the same until all arrears of principal and interest, and the reasonable costs and expenses of taking possession and operating the same shall be fully paid; and (b) on such terms as the court or judge may order, advertise and sell the said public work or works, with lands and appurtenances by public auction and apply the proceeds of sale in repayment of the moneys borrowed, interest, costs and expenses; the balance, if any, remaining after such payment to be paid over to the municipality. R.S.S. 1909, c. 91, s. 45 (redravni). 46. The purchaser on any such sale and his assigns shall ^^f^^^^^^g have and may exercise all the rights, powers, privileges and franchises relating to the construction, maintenance, opera- tion and conduct of the work by this Act conferred upon the corporation, subject to the right of the corporation to resume the ownership thereof at the expiration of ten years from such sale on giving six months' notice and on payment therefor within six months after such period of ten years, at a valuation to be ascertained by arbitration, subject to the assent of the burgesses as in the case of the original construction or purchase of said works. R.S.S. 1909, c. 91, s. 46. 47. In case the corporation fails to exercise the right of ^fp*,"^,. resuming the ownership of the public work at the expiration of the said period, the corporation may similarly exercise corporation to resume ownership 1698 Cap. 92 MUNICIPAL PUBLIC WORKS siieh right at the expiration of any fifth year thereafter, upon giving one year's notice to the purchasers or their assigns. R.S.S. 1909, c. 91, s. 47. Powers to borrow are in addition to powers under any Act ■1^ — (1) It is hereby declared that the powers of borrow- ing and issuing debentures in this Act provided are not to be accounted as diminishing the power of the municipality to borrow and issue debentures conferred by any other Act, nor are they to be taken as restricting the powers of the municipality to borrow and issue debentures on the credit of the municipality at large under any Act within the limit of the amount therein prescribed, for the purpose of con- structing or purchasing any such public work or works or assisting therein and in borrowing for the purposes afore- said, or for the purpose of constructing a system of sewerage in connection with a system of waterworks. The munici- pality in borrowing whether under the provisions of this Act or any other Act may extend the time of repayment for any term up to fifty years. (2) Debentures issued in pursuance of a bylaw passed under the authority of this Act may be dated as of the actual date of the issue thereof: Pi-ovided such date be within four years from the date of the final passing of the bylaw and may be made payable in such manner that for the first five years succeeding their date interest only shall be payable. R.S.S. 1909, c. 91, s. 48. Special frontage rate 41). For the purpose of assisting in the payment of any debentures issued for the purpose of waterworks constructed or acquired under the provisions of this Act or any other Act and the interest thereon, it shall and may be lawful for the corporation to provide by bylaw for the assessment and collection of a special tax or rate in each year not exceeding four mills in the dollar upon the several properties according to the assessed value inclusive of improvements thereof fronting or abutting on the street in, through and along which the waterworks mains are laid, as well as all other properties which may enjoy the advantage of the use of water from the said main distant not more than 300 feet therefrom, for the purpose of protection against fire, whether the owners use the water or not for general purposes, to meet the yearly interest on any debentures issued for the purposes of the said waterworks and the annual instalment of principal or the annual amount of payment to the sinking fund for the payment of the principal thereof; provided that the collector of taxes upon production by the owner or occupant using said water of the receipt for payment of the rent chargeable for the use thereof during the year or such pro- portion thereof as equals such special tax shall remit or allow MUNICIPAL PUBLIC WORKS Cap. 92 1699 to such owner or occupant the amount so paid as a payment pro tanto on account of the special tax authorised to be levied by this section. K.S.S. 1909, c. 91, s. 49 ; 1912. c. 42, s. 16. 50 (1) The corporation may itself or by its oncers Corporatwn^ exercise and eniov the powers, rights, authorities or immuni-commis- ties hereby conferred upon the corporation of sncli nninici- pality or the council may, either before the commencement of the works or at any time while they are in course of construction or after their completion, provide by bylaw for the appointment of one or more commissioners for such purpose. . (2) Where more than one commissioner is appointed the provisions hereinafter contained with regard to one com- missioner shall apply to the commissioners with the neces- sary modifications. (3) Upon the appointment of a commissioner all the powers, rights, authorities or immunities which under this Act might have been exercised or enjoyed by the council and the officers of the corporation, shall and may be exercised by the commissioner and the officers appointed by him and the council thenceforth during the continuance in office of the commissioner shall have no authority in respect of such works. (4) Any officer or employee appointed or employed by the council in or about the construction or management of the works shall be continued until removed by the commis- sioner unless his engagement shall sooner terminate. (5) Nothing herein contained shall be construed to divest the council of its authority with reference to the providing of moneys required in respect of such works, and the treas- urer of the municipality shall upon the written certificate of the commissioner pay out any moneys so provided. TJ.S.S. 1909, c. 91, s. 50 (redrawn). 51. The commissioner shall be appointed from time to Approval of time by bylaw of the council on such terms and at such a appointing salary as it may deem expedient ; but such bylaw shall not take sioner effect until approved by the Lieutenant Governor in Council : and shall cease to be valid after one month's notice from the Lieutenant Governor in Council that such approval has been withdrawn; and no repeal or amendment of anv such bylaw shall be valid unless and until such repeal or amendment has been approved in like manner, except as hereinafter provided. E.S.S. 1909. c. 91, s. 51. 52. Every commissioner shall before taking office give ^ecimty of such security for the performance of his duties as the council sioner shall requii-e. R.S.S. 1909, c. 91, s. 52. 1700 Cap. 92 MUNICIPAL PUBLIC WORKS Commis- sioner not interested in any contract Council may remove com- missioner Accounts kept and return made by commissioner 53. ISTo commissioner appointed as aforesaid shall person- ally have or hold any contract in connection with the said works or be directly or indirectly interested in the same or any of them. RS"!s. 1909, c. 91, s. 53. 54. The council of the municipality, in case the construc- tion of the works is entrusted to a commissioner, may by bylaw at any time assume the work, remove the commis- sioner, apportion his current year's salary and proceed with and manage the works ; and in such case all the rights, powers, authorities, immunities, duties and liabilities then belonging to the commissioner shall be transferred to and vested in the council ; but any officer or employee appointed or employed by the commissioner in or about the construction or management of the works shall be continued until removed bv the council unless his engagement be sooner terminated. R.S.S. 1909, c. 91, s. 54. 55. — (1) The commissioner shall keep or cause to be kept separate books and accounts of the receipts and dis- bursements for and on account of the works, distinct from the books and accounts relating to the other property, funds or assets belonging to the works ; and all such books shall be open to the examination of any person appointed for that purpose by the council. (2) The commissioner, on or before the fifteenth day of January in each year, or upon such other day as the council may name, shnll cause a return to be made to the council containing a statement of the affairs of the works which shall show: (a) the rents, issues and profits arising from the works and the number of consumers during the previous year; (b) the extent and value of the movable and immovable property belonging to the works; (c) the amount of debentures then issued and remain- ing unredeemed and uncancelled, and the interest paid thereon or. overdue and unpaid; (d) the state of the sinking fund; (e) the expense of collection and management and all other contingencies; (/) the salaries of officials and servants; (g) the cost of repairs, improvements and alterations ; (h) the prices paid for the acquisition of real estate, if anv; and (i) generally, the revenue and expenditure of the works in such manner as will at all times afford to the burgesses full and complete knowledge of the affairs of the works. MUNICIPAL PUBLIC WORKS Cap, 92 1701 (3) The' commissioner shall also, from time to time, furnish such information as may be required by the council. (4) All accoimts relating to the works shall be audited by the auditor for the corporation in regular course, and the commissioner and all the officers shall furnish to the officers such information and assistance as may be in their power to enable the officers to properly audit such accounts. R.S.S. 1909, c. 91, s. 55 (redra^vn). 56. The commissioner and the clerks employed in his Oath ot offic« 11-,, 1 c • • 'f 1 ^'^d records revenue service shall be sworn beiore a justice oi the peace pf proceed- for the faithful performance of their duties; the commis- sioner shall keep a book for the purpose of recording the whole of his official proceedings, and such book shall be open for inspection in the same manner as the books mentioned in section 55. R.S.S. 1909. c. 91. s. 56. 57. Nothiuii- herein contained shall in anv way curtail p."^*'" °/ the powers or authorities of cities and towns as conferred t"«^ns upon them by The City Act and The Town Act respectively. R.S.S. 1909, c. 91, s. 57. 58. The power to borrow money on the credit of the muni- Power of cipality at large and to issue debentures therefor for any of declared to the purposes specified in this Act is hereby declared to be^'"'' conferred and always to have been conferred by this Act. R.S.S. 1909, c. 91, s. 58. CHAPTER 93. H An Act respecting Mechanics and Literary Institutes. TS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title 1. This Act may be cited as The Mechanics and Literary Institutes Act. K.S.S. 1909, c, 92, s. 1. Organisation 2. A mcchanics and literary institute shall be held to have been organised under the provisions of this Act whenever thirty persons resident in any city, town or village incorpo- rated or unincorporated, or in any township or two contigu- ous townships in either of which there is not already an institute organised under this Act, have signed a declara- tion (form A) setting out the amounts subscribed by each and naming the place where the institute purposes to carry on its objects, and forwarded the same to the Provincial Secretary with an accompanying certificate signed by one of the subscribers and veriiied before any person authorised to administer oaths or affidavits to be used in the Court, of , Kind's Bench. E.S.S. 1909, c. 92, s. 2. Election of officers 3. — (1) Upon the Lieutenant Governor in Council approving the organisation of the proposed institute, the party making the certificate accompanying the same or in his absence any one appointed by the Minister of Education shall call a meeting for the election of the various officers, by public notice specifying the time and place of meeting published for two weeks in the nearest newspaper or posted in five conspicuous public places in the city, town, village or township, as the case may be, at least fifteen days before the time fixed for holding such meeting. Such meeting shall be held in the city, town, village or township or one of the townships where the institute intends prosecuting the objects for which the same has been organised. (2) The officers to be elected at such meeting shall be a president, vice president, secretary treasurer, auditor and not less than five directors, and the persons entitled to vote at such meeting shall be members. R.S.S. 1909, c. 92, s. 3; 1915, c. 43, s. 3. Membership 4^ Any pcrsou may become a member of a mechanics and literary institute organised under this Act by paying to the treasurer thereof yearly the sum of $1 which shall be held to be due on the first day of each calendar year. R.S.S. 1909, c. 92, s. 4. MECHANICS INSTITUTES Cap. 93 1703 5. The objects of an institute organised under this Act Purpose shall be to encourage mechanics, manufactures and arts generally : (a) by having evening classes organised for the impart- ing of practical instruction to its pupils; (b) by establishing a library of books on one or more of the following subjects, viz. : mechanics, manufac- tures, agriculture, horticulture, philosophy, science, the fine and decorative arts, history, travels, poetry, biogTaphy and fiction ; (c) establishing a reading room. R.S.S. 1909, c. 92, s. 5. 6 (1) The annual meeting of every institute shall beAnnua^ held not later than the thirtieth day of November in each year, on the call of the president, who shall give eight days' notice thereof by circular addressed and posted prepaid to each member of the institute, or by public notice published in the nearest newspaper, or by posting it in five conspicu- ous places as provided in section 3, when there shall be elected a president, vice president, a secretary treasurer and not less than five directors and an auditor. (2) If the president refuses or omits to call such meeting as herein provided the same may be called by the vice presi- dent or anv three members for any time during the month of JsTovember. R.S.S. 1909, c. 92, s. fi ; 1913, c. 67, s. 17. 7. No person shall vote or take part in any annual or voting other meetino- of an institute who has not at the time of such meeting paid up all subscriptions due by him to the said institute. R.S.S. 1919, c. 92. s. 7. 8. A meeting of the oftlcers shall be called by written Meeting of notice delivered or mailed to each officer, given by authority of the president or in his absence the vice president or at the request of any three officers, at least five days before the dav appointed, and at any such meeting four shall be a quorum. R.S.S. 1909, c. 92, s. 8. 9. The ofiicers of un institute shall present at the annual ^g""];:*' meeting a report of their proceedings during the year in which shall be stated: (a) the names of the members of the institute; (&) the amount paid by each set opposite his name; (c) the classes organised; (d) a^list of books purchased; 1704 Cap. 93 MECHANICS INSTITUTES (e) a list of newspapers and periodicals on file; together with, (/) such remarks on the progress of the organisation and use to which it has been put as the directors are enabled to offer. K.S.S. 1909, c. 92, s. 9. Audit 10. There shall also be presented at the annual meeting a detailed statement of the receipts and disbursements of the institute during the year, which statement shall be audited by the auditor in that behalf before being submitted to the meeting. R.S.S. 1909, c. 92, s. 10. Certi 6 cation 11. The said report and statement, if approved by the meeting, shall be entered in the journals of the institute kept for such purpose and signed by the president or vice president as being a correct entry, and a true copy thereof certified by the president and secretary for the time being shall be forwarded to the Minister of Education within one month from the date of such meeting. R.S.S. 1909, c. 92, s. 11; 1915, c. 43, s. 16. loiormation 13. The officers shall give such information as in their power lies, and as the Minister of Education may from time to time require, touching the interest and condition of the objects of the organisation in their locality. R.S.S. 1909, c. 92, s. 12; 1915, c. 43. s. IG. Application ^3, 'p|^g fuuds of the institute however derived mav be of funds expended for any object not inconsistent with those author- ised by this Act, provided that not more than one-quarter of the amount received shall be expended for the purpose of a, reading room. R.S.S. 1909, c 92, s. 13. Incorporation ij^. Each institute formed under this Act shall be a cor- poration with a corporate seal under the name of ''The ^fechanics and Literary Institute of " {insertmg the distinguishing name of the institute), and shall have power to acquire, hold, sell, mortgage, lease or otherwise dispose of or incumber the real estate and other properties real and personal. R.S.S. 1909, c. 92, s. 14. Glrant 15. Subject to any regulations approved by the Lieuten- ant Governor in Council in that behalf, there shall be paid out of any moneys appropriated by the Legislature for that purpose to every institute established under this Act a gTant of one dollar for every dollar expended by any such institute on the purchase of books, magazines and newspapers out of the funds under its control, other than grants as herein pro- MECHANICS INSTITUTES Cap. 93 1705 vided, but so as not to exceed a total grant in any one year of $50: Provided always that any grant paid to any such institute shall be expended on the purchase of books, magazines and newspapers by the officers thereof within a period of six months from the date of its receipt. R.S.S. 1909, c. 92, 8. 15. SCHEDULE. FORM A. (Section 2) We, the undersigned, respectively residing in the (city, town, village, township or townships, and if the latter give the range) of in the district of agree to form ourselves into an institute under the provisions of The Mechanics and Literary Institutes Act, under the name of ''The Mechanics and Literary Institute of " and we respectively promise to pay to the treasurer of the said institute annually, as long as we continue members thereof, the sums set opposite our respective names, and to conform ourselves to the bylaws and regulations of the said institute, and we hereby state that we purpose carrying on the objects of our organisation at the (city, town or village) of (or on the quarter of section township range west meridian). I of one of the subscribers to the above declaration, hereby certify that the sum of at least one dollar has been paid by each of the above subscribers as his first annual subscription to the proposed mechanics and literary institute of ; and that I hold on behalf of the said proposed institute the several amounts so paid. Subscriber's Signature. 1706 Cap. 93 mechanics institutes I, the above named , do solemnly declare thai; the facts set forth by me in the foregoing certificate signed bv me are true; 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 j '' this day of [ • • • • 19 ^ • Subscriber's Signature. Signature of Officer receiving Declaration. CHAPTER 94. An Act to provide for the Establishment of Public Libraries. H IS Majesty, by arid with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHOKT TITLE. 1. This Act may be cited as The Public Libraries Act. sh"'-^ thu- R.S.S. 1909, c. 93, s. 1. INTERPRETATION. ^. In this Act, unless the context otherwise requires, the interpretatic expression : 1. ''Municipality" means a city or town; paiity" 2. ••'Council" means a city or town council; "Council" 3. "Board" means the board of management of a public "Board- • library established under the provisions hereof. R.S.S. 1909/c. 93, s. 2. ESTABLISHMENT OF FREE LIBRARIES. 3. A free public library may be established in a munici- e^^^^^'^''"^''- paiity in manner hereinafter provided. R.S.S. 1909, c. 93, 3. 3.' room connection 4. Where a free library is so established there may, with- New^s out any proceedings for the purpose under this Act, be con- nected with the library a free newsroom. R.S.S. 1909, c. 9S, s. 4. 5. Upon receipt of a petition (form A) praying for theAssent^of establishment of a public library under this Act and sigTied necessary by at least one-tenth of the resident electors of the munici- pality, the council may pass a bylaw (form B) giving effect to such petition ; but such bylaw 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 bylaw shall be submitted to the electors in the same manner and with the like proceedings as are required in the case of any other bylaw which requires to receive the assent of the electors of the municipality: Provided that the bvlaw 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 favour of the- bylaw; 1708 Cap. 94 PUBLIC LIBRARIES And provided, further, that if the annual grant to be made for the support of such library does not exceed the sum of $500 the council may give effect to such petition and make such gi'ant by resolution, and without the necessity of a reference to the electors. R.S.S. 1009, c. 93, s. 5. may be^'"'' (>. A bylaw uudcr this Act which has been assented to by passed ^j^g electors may be passed at the first or any subsequent meeting of the municipal council after such assent has been Council to pass bylaw without delay given. R.S.S. 1909, c. 93, s. 6. T. After a bylaw has been assented to it shall be the duty of the council for the time being to pass the same without unnecessary delay, whether such council is or is not the same council which submitted the bylaw to the electors. R.S.S. 1909, c. 93, s. 7. Restriction on resubmis- sion of bylaw 8. In case the vote of the electors is adverse to the bylaw, no new bylaw for the same purpose shall afterwards be passed by the council to be submitted to the electors within the same municipal year. R.S.S. 1909, c. 93, s. 8. BOAKD OF MANAGEMENT. Board of management Restriction OD board's membership 9. — (1) Whenever a free library is established under the Act the general management, regulation and control of the library shall be vested in and exercised by a board of manage- ment which board shall be a body politic and corporate and shall be known as "The (name of town or city) Library Board." (2) The board shall be composed of seven members as follows : the mayor shall be ex officio a member of the board during his term of office, and the council shall appoint from among the residents of the municipality the remaining six members of the board. Three of the members first appointed shall hold office until the date of the first meeting of the council in January of the year following their appointment, and the other three shall hold office until the date of the first meeting of the council in January of the second year following their appointment. Thereafter every member appointed shall hold office for two years. (3) The council may at any time appoint a resident of the municipality to fill a vacancy on the board, however occurring, and the person so appointed shall hold office dur- ing the unexpired portion of the term of the member in whose stead he was appointed. R.S.S. 1909, e. 93, s. 9 (redrawn). 10. Not more than one member of the council at .a time, in addition to the mayor, shall be qualified to be a member of the board. R.S.S. 1909, c. 93, s. 10. PUBLIC LIBRARIES ('ap. 94 1709= 11. Notwithstaiiding anything to the contrary herein Conanuance contained, every member of the board shall continue in office until his successor is appointed. R.S.S. 1900, c. 93, s. 11. 12. Xo resolution, bylaw, proceeding or action of the P^l^^eedings board of any kind shall be invalid or set aside by reason of aithough^^ anv person whose election has been annulled or declared member 1 1 ••iT.l'DQQ annulled illegal, having acted as a member ot said board. K.d.o. 1909. c. 93, s! 12. 13. If any member of the board of any public library is ^ Member convicted of an offence against the criminal laws of the *"^^^^^^\°'"'' Dominion of Canada, or becomes insane or absents himself from the meetings of the board for three consecutive meet- ings without being authorised so to do by resolution entered upon its minutes, or ceases to be a resident within the muni- cipality for which he is a member, such member shall ipso facto vacate his seat, and the remaining members shall declare his seat vacated forthwith and notify the council having authority to appoint such member accordingly. R.S.S. 1909, c. 93, s. 13. 14. In case of a vacancy by death or resignation, or from Vacancies, 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 remain- der of the term. R.S.S. 1909, c. 93, s. 14. 15. The annual appointment of the members of said ^^f^^^lXto board shall be made at the first meeting of the council inn^ace January in everv year; and any vacancy arising from any cause shall be filled at the first meeting of the council after any such vacancy occurs. R.S.S. 1909, c. 93, s. 15. 16. Nothing in this Act contained shall deprive the eoun-J^^^X^ cil of the right to appoint the members of said board immedi- ately after the passing of a bylaw 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. R.S.S. 1909, c. 93, s. Ifi. IT. The board shall elect one of their number as chair- chairman man, 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 and no other. R.S.S. 1909, c. 93, s. 17. 18. The board shall meet at least once every three months, ^l^j^'^ and at such other times as they may think fit. R.S.S. 1909, e. 93, s. 18. 1710 Cap. 94 PUBLIC LIBRARIES Special meetings 19. The eliairman 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 fixed for special meetings by resolution at a full meeting of the board. E.S.S, 1909, c. 93, s. 19. Quorum Records of proceedings Records as evidence Securing necessary land and buildings Maintenance of library Bylaws and regulations 20. JSTo business shall be transacted at any general or special meeting unless three members are present. R.S.S. 1909, c. 93, s. 20. 21. All orders and proceedings of the board shall be entered in books to be kept by them for that purpose, and shall be^signed by the chairman for the time being. R.S.S. 1909, cr93, s. 21. 22. The orders and proceedings so entered and purport- ing to be duly signed shall be deemed to be original orders and proceedings, and such books may be produced and read as evidence of the orders and proceedings upon all judicial and other proceedings whatever. R.S.S. 1909, c. 93, s. 22. 23. The board shall from time to time procure, erect, rent or lease the necessary land and buildings for the pur- poses of the liabrary or. of the library and newsroom, as the case may be : Provided that no such board shall in any year purchase any lands or erect any buildings or make any addition or alteration thereto exceeding in cost $1,000 without the authority of the council. R.S.S. 1909, c. 93, s. 23. 24. The board shall purchase such books, newspapers, reviews, magazines and maps for the use of the library and newsroom 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 maintenance and accommodation of the library ; and it shall have power to appoint and dismiss such officers, servants and employees as it may think fit. R.S.S. 1909, c. 93, s. 24. 25 — (1) The board may make bylaws and regulations for the safety and use of the library and newsroom, and for the admission of the public thereto; and for regulating all other matters and things whatsoever connected with the management of the library and of the newsroom, 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 time repeal, alter, vary or re-enact any such bylaws or regulations. PUBLIC LIBRARIES Cap. 94 1711 (2) No such bylaw or regulation shall have any effect or 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 library. E.S.8. 1900, c. 93, s. 25. 26. Any person who wilfully commits a breach of any p.-naity bylaw or regulation referred to in section 25 shall for each offence on summary conviction thereof forfeit and ])ay for library purposes to the Jimnicipality within which the offence was committed a sum not exceeding $10. R.8.S. 1909, c. 93, s. 26 (redrawn). 211. Nothing herein contained shall preclude the recovery Losses and of the value of articles or things damaged, not returned or ''"'^^'^ destroyed as the amount of damages sustained from parties liable for the same. K.S.S. 1909, c. 93, s. 27. 28. The board shall in the month of Mav or, where a Annual " -. estimates municipality has adopted the method of assessment and taxa- tion provided in section 482 of The City Act or section 462 of The Toiun Act, on or before the first- day of March in every year make 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 debenture ; .(&) the expense in detail of maintaining and managing the libraries and newsrooms under its control and for making the purchases required therefor ; and such estimate shall be forthwith transmitted to the clerk of the municipality. R.S.S. 1909, c. 93, s. 28; 1913, c. 48, s. 1. 39. The board of management shall keep distinct and kept""*' regular acounts of their receipts, payments, credits and liabilities, and the accounts shall be audited by the auditors of the municipality 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 manage- ment. R.S.S. 1909, c. 93, s. 29. SPECIAL BATE AND ASSESSMENT. 30. For the purpose of providing for the expenses neces- special sary for carrying this Act into effect, the council in addition anTwy"' 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 1712 Cap. 94 PUBLIC LIBRARIES in the dollar upon the assessed value of all rateable real and personal property, such rate to be called ''The Free Library Eate" •. Provided, however, that in case the annual sums required do not exceed five hundred dollars the same may be paid oat of the general funds of the municipality without any special levy therefor. K.S.S. 1909, c. 93, s.'SO. DEBENTURES. Issue of debentures 31 ( 1 ) The council may also, subject as hereinafter |)rovided, on the requisition of the board, raise by a special issue of debentures of the municipality (form C), to be termed "Free Library Debentures," such sums as may be required for the purpose of purchasing the necessary land, erecting necessary buildings and in the first instance for obtaining books and other things required. (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, purchasing, adding to or improving a stone, con- crete, brick or brick veneer building or buildings for library purposes, in which case such debenture may run for a period not exceediuG' twentv vears. E.S.S. 1909, c. 93, s. 31. Levy for interest and principal ti2. During the currency of any debenture so issued, the council shall Witlihold and retain as a first charge on the special annual rate heretofore mentioned such part thereof as shall be required to meet the annual payment of principal and interest due or falling due on such debenture. "R.S.S. 1909. c. 93. s. 32. Receipt and application of amounts levied Al'Pr.lCATION OF AMOUNT LEVIED. .X>. All moneys levied or raised as aforesaid shall be received 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 1o the amount required to meet the interest and principal due or falling due on any debenture as aforesaid. R.S.S. 1909, c. 93, s. 33. AID TO PUBLIC LIBRARIES. Grant to libraries 34. Subject to anv regulations approved by the Lieutenant Governor in Touncil in that behalf, there shall be paid to everv ])ublic 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 by the board on the purchase of books, magazines and newspapers out of PUBLIC LIBRARIES Cap. 94 1713 the funds under its control other than ^'rants as herein provided but so as not to exceed the sum of $200 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, maga- zines and newspapers within the six months following its receipt by the board. RS.S. 1909, c. 93, s. 34. 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 Court of King's Bench 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 council, through its proper officers, to take possession of the said property and dispose of the same as may be deemed advisable. R.S.S. 1909, c. 93, s. 35. 36. The council, upon the request of the board of any janitor as public library within its jurisdiction, may appoint the janitor cooBtebie to be while holding such office a special constable ; and such special 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 destroyinii' 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. R.S.S. 1909. c. 93, s. 36. 37. Any person who wulf uUy disturbs or disquiets any Penalty for person in a public library established and conducted under behaviour the authority of this Act bv rude or indecent behaviour, or by making a noise, shall for each offence on summary con- viction thereof before a police magistrate or justice of the peace forfeit and pay for library purposes to the munici- pality within which the offence was committed a sum not exceeding $20. E.R.S. 1909. c. 93. s. 37. .38. For the ]iurpose of carrying out the provisions of this Municipal^ Act in any municipality in which a public library is estah- Acts apply lished, the several provisions of the Act creating and govern- ing such municipality relating to any matter or proceeding herein contained shall, subject to any modifications or condi- tions herein contained, be deemed to be part hereof. R.S.S. 1909, c. 93, s. 38. 39. All libraries and news rooms established under this Libraries, et«. Act shall be open to the public free of all charges. R.S.S. 1909, c. 93. s. 39. 1714 Cap. 94 PUBLIC LIBRARIES Forms 40. The forms in the schedule hereto or any forms to the like effect may be used for the purposes of this Act, and the recitals in the said forms shall be deemed sufficient not- withstanding any provisions to the contrary in any Act governing a municipality. R.S.S. 1909, c. 93, s. 40. RURAL LIBRARIES. Rural libra- ries: regula- tions 41. For the purpose of providing for the establishment and maintenance of libraries that shall be available to persons residing outside the limits of town and city municipalities the Lieutenant Governor in Council is hereby empowered to make, alter and amend from time to time all such rules and regulations in that behalf as may be deemed necessary and advisable, which rules and regulations shall be published in The Saskatchewan Gazette. 1913, c. 48, s. 2. Grants by councils and •5 chool boards Provincial librarian may assist Provincial librarian keepa records 42. In order to assist in establishing and maintaining any such library it shall be lawful for the council of any rural municipality out of its general revenues to contribute annually such sum not exceeding $200 as may be determined by a resolution of the council, and for the council of any village or the board of trustees of any rural or village school district to so contribute for the same purpose amounts not cxcoeding $100 and $50 respectively. 1913, c. 48, s. 2. 4,3. Subject to the approval of the Lieutenant Governor in Council and in accordance with such regulations as may be prescribed in that behalf, the provincial librarian out of any moneys that may be appropriated by the Legislature for the ])nr])ose may assist any library organised under section 41 by providing such library from time to time and for such period of time as may be deemed advisable with books, magazines and papers. 1913, c. 48, s. 2. 44. The ])rovincial librarian shall keep and maintain a record of all libraries established under the provisions of The Public Libraries Act and The Mechanics and Literary Institutes Act : and the officers of every such library and institute shall, whenever called upon so to do, furnish the ])rovincial librarian with such information as he may direct respecting any and all matters pertaining to the organisation, equipment, cost, maintenance, finances and use made of any such library. 1913, c. 48, s. 2. Annual report 45. There shall be submitted annually to the Legislative Assembly within fifteen days of the commencement of the session a general report on all libraries established under this Act or anv other Act respecting libraries in force in Saskatchewan. ' 1913, c. 48, s. 2. PUBLIC LIBRARIES Cap. 94 1716 46. This Act shall be administered by the Minister of^.'I^Kj^- Education. 1915, c. 43, s. 17. SCHEDULE. FOEM A. (Section 5) Petition. To the municipal council of Wo, the undersigned resident electors of the said of , in the Province of Saskatchewan respect- fully pray that a public library may be established in this mimicipality under The Public Libraries Act. FORM B. (Section 5) Bylaw foe Establishing a Public Library with the Assent of the Electors. A bylaw to provide for the establishment of a public library in the of in the Province of Saskatchewan (or as the case may he). Whereas electors have petitioned the council of the said of (or as the case may he) praying for the establishment of a public library under The Public Libraries Act : Be it therefore enacted by the said municipal council of the said of (or as the case may he) that, in case the assent of the electors is given to this bylaw, a public library be established in this municipality in accordance with the provisions of The Public Libraries Act. And be it further enacted that the votes of the electors be taken on this bylaw on ihe day of 19 commencing at nine o'clock in the morning and continuing until five o'clock in the afternoon at the undermentioned places : (Here insert the places of holding the poll, the name of the returning officer and the names of the deputy returning officers.) Vol. 11—19 1716 Cap. 94 public libraries That on the , day of next at his office in the at o'clock in the noon, the (mayor or o/her liead official as the case iiki!/ be) shall appoint in writing signed by him two persons to attend at the final summing u)) of the votes by the returning officer and one person to attend at each polling place on behalf of the persons interested in and desirous of opposing the passage of this bylaw. That the returning officer shall attend at the at the hour of o'clock in the noon on the day of 11> . to sum up the numL>er of ^^-^tes given respectively for and against the bylaw. Notice by Clerk. The above is a true copy of rho proposed bylaw which will be taken into consideration by the conncil of , and the ]iolls for taking the votes of the electors will be held at the hour, dav and ]dace named in the said bvlaw. ' , . A. B' (J id/ (or fnivn ) clerk. FOPtM C. (Sect ion 31) Free Library Det.kxturk. Name of Municipality No. Province of Saskatchewan. $ Fnder and by virtue of The Public Libiynies Act and of bylaw No. of the (city or town as the case may he) of passed under the powers in the said Act contained the (city or town as the case may be) of promise to pay the bearer at the at the sum of dollars of lawful money of Canada in equal consecutive annual instalments of i)rincipal and interest on the terms and in the amounts s])ecified in the coupons attached. A. B., Mayor (or as the case may be) [Corporate Seal] ' CD. Treasurer. PUBLIC LIBRARIES Cap. 94 171T 4 Coupon No. . Debenture No. The (city or town as the case may he) will pay to the bearer at the at on the day of 19 the sum of dollars beins^ the instalment of principal together with interest at the rate of per centum per annum due on that day on Free Library Debenture No. A. B., Mayor (or as the case may he) c. v.. Treasurer. CHAPTER 95. An Act respecting Municipal Telephone Systems. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHOET TITLE. Short title 1. This Act may be cited as The Municipal Telephone. Act. R.S.S. 1909, c. 95, s. 1. INTERPRETATION. Interpreta- tion " Munici- pality" 'Electors' 3. — (1) Section 2 of The Telephone and Telegraph Department Act shall, so far as applicable to this Act, be deemed to be enacted herein. (2) In this Act, unless the context otherwise requires, the expression : 1. "Municipality" means a city, town, village or rural municipality ; 2. "Electors" means all persons entitled to vote on a money bylaw of the municipality as provided by the muni- cipal law in force in the particular municipality concerned. R.S.S. 1909, c. 95, s. 2. POWERS OF MUNICIPAL, COUNCILS. Powers of municipal councils 3. The council of every municipality shall have power: 1. To construct, maintain and operate a telephone system within the limit of the municipality, and to improve, enlarge, add to or extend any telephone, system which it has con- structed or acquired ; 2. To acquire by purchase, lease or otherwise any tele- phone system situated and operated wholly or partly within the limits of the municipality; 3. To dispose of by sale, lease or otherwise any telephone system which it has constructed or purchased or any portion thereof ; 4. To issue debentures of the municipality for the purpose of raising the funds necessary to construct, acquire, enlarge, add to or extend any municipal telephone system or for all or any of the said purposes. R.S.S. 1909, c. 95, s. 3. Approval of electors APPROVAL OF ELECTORS AND MINISTER. 4. The powers or any of them conferred upon municipal councils by section 3 shall be exercised by the council of MUNICIPAL TELEPHONE Cap. 95 I7l9 any municipality only with the assent of the electors thereof, which assent shall be obtained in the manner provided by law for securing the assent of the electors of the munici- pality to money bylaws. K.S.S. 1909, c. 95, s. 4. 5. Every bylaw providino- for the construction, extension Rpquisites o< or acquisition of any telephone system by a municii)al council shall set forth the amount of money required for all or any of these purposes, and a statement of the rates, rentals, tolls and charges which the municipal council propose to fix for telephone service. K.S.S. 1909, c. 95, s. 5. 6. Before any such bylaw is submitted to the electors for Mmister-s their assent a certified copy thereof together with plans, *pp''°^* specifications, drawings and estimates of the telephone system proposed to be constructed, extended or acquired shall be transmitted to the minister for his approval. R.S.S. 1909, c. 95, s. 6. TELEPHONE DEBENTURES. T. Upon receiving the assent of the electors to a bylaw J|H°^"^«^ for the issue of debentures for any of the purposes herein issue provided, the municipal council shall issue such debentures accordingly and every such debenture when issued and sold or otherwise disposed of shall be a charge or lien upon all real property situated within the municipality and upon all rates and taxes of the municipality. R.S.S. 1909, c. 95. s. 7. 8. Every such debenture shall be as nearly as may be in Form such form and shall be dealt with in such manner as is prescribed by law for other debentures of the municipality, and shall in the case of towns and cities not run for a longer period than twenty years and in the case of villages and rural municipalities fifteen years. R.S.S. 1909, c. 95, s. 8. 9. The amount of money which any municipality ni'^ij po'J!'ers'*(o raise by the issue of debentures for the purposes of this Act borrow shall be in excess of all sums which such municipality is authorised by law to raise bv debentures for other purposes of the municipality, provided that the amount raised under the provisions of this Act in the case of cities, towns and villaajes shall not exceed two per centum of the total assessed value of the real property of the municipality as shown by its last revised assessment roll and in the case of rural municinalities shall not exceed twenty-five cents per acre for each acre of land assessed by the municipality as shown by its last revised assessment roll. R.S.S. 1909. c. 95. s. 9. 1720 Cap. 95 MUNICIPAL TELEPHONE Bylaw lor special telephone asses^snifnt SPECIAL TELEPHONE ASSESSMENT. 10 (1) The couucil of every mauicipalitv shall have p()\v(u- to provide by bylaw for such proportion of the cost, not exceeding- one-fifth, of the construction, maintenance and operation of a telephone system within the municipality as may be deemed expedient by a special annual assessment ii]ion all the assessable property in such municipality, and such assessment shall not be deemed to be ])art of nor shall it be taken into account in determining the amount which any such municipality is otherwise by law entitled to raise bv taxation. (2) No such bylaw shall have any force or ctfect until it has received the assent of the electors of the municipality in the manner provided by law for securing the assent of the electors to money bylaws. R.S.S. 1909, c. 95, s. 10. Service to every applicant 11. If in any municipality a special assessment is made as provided by section 10, it shall be the duty of the muni- cipal council to furnish telephone service to every elector of the municipality who applies for such service. R.S.S. 1909, c. 95, s. 11.*^ POWER TO ENTER LAND OR PREMISES. Power to enter on lands and premises 13. For the purposes mentioned in this Act and in the exercise of any power conferred upon municipal councils, every municipal council by its surveyors, engineers, agents, worlcmen or servants may at any and all times enter upon, take, use or acquire any land or property in whomsoever vested, and it shall have full power and authority through such officers, agents and servants to do all acts and things on or in relation to any such land or proi^erty which it deems necessary, advisable or expedient in order to carry out any authority or power conferred upon it by this Act: Provided that the municipal conncil shall, whenever required so to do, make reasonable compensation to the owner or owners or persons interested in any land or property which it may enter upon, take, use or acquire as provided by this section and for all damages sustained bv such person in or by the execution of all or any of the powers conferred upon the said council ; and, in case the amount of the said compensation cannot be mntiially agreed upon bv the muni- cipal council and the said owner or owners <.i- ])ersons, the same shall be determined in the manner provided by the appropriate municipal Act for determining the amount of compensation or damages to be paid for land taken or injuriouslv afi'ected in the exercise of the powers conferred bv such Act. "R.S.R. 10O0. c. 05. s. 12 Credrawn). MUNICIPAL TELEPHONE Cap. 95 1721 DISPOSITION OF PROPERTY :^OT REQUIRED. 13. Every luunicipiil couucil shall luive ])0\ver to dispose, Disposition by sale, lease or otherwise, of any property real or personal nnf re. mire. i which forms a part of any telephone system belonging to the municipality and which in the opinion of the council is no longer required for the purposes of the said system, and the proceeds arising from any disposition of the said property shall be added to and form jnirt of the funds for the construction and (extension of the said systoui. E.S.S. 1909, c. 95. s. 18. KATK.S, TOLLS AND CHARGES. 14. It shall be the duty of the council of every munici- Ka^»-3. toii.^ ' X . ■. ■. an I clmr^es pality in which a telephone system is constructed and operated as herein provided to charge the subscribers for telephone service such rates, rentals and tolls as shall at all times be sulficieut to produce a revenue ade(piate to cover the cost of maintenance, operation and other necessary expenses and to meet all debentures, payments of principal and interest as they fall due: Provided that, in case a special assessment of the munici- pality is made as i)rovided by section 10, the said rates, rentals and tolls shall be so fixed as to provide only for such proportion of the said cost and expenses as is not ]>rovided for by such special assessment. Tv.S.S. 1909, c. 95. s. 14. HOOKS AXU ACCOlXTS. 15. Everv municipality operatinu' a telephone svstem Books ami shall cause to be kept separate hooks and accounts ot the receipts and disbursements for and on account; of such system, distinct from the books and accounts relating to the other pi-opertv. undertakings, funds and assets of the municipality. KS.S. 1909, c. 95, s. 15. 16. If in any year the moneys received on account of tte Di=^po«'t^o" operation of a nnmici])al telephone system exceeds the cost of construction, maintenance and repair of such system during the year, the excess or surplus shall be set aside and be used for ]iayment of the principal of any debenture indebtedness incurred on account of the system or for pro- viding for its extension or improvement. R.S.R. 1909. c. 95, s. Ifi. TXTKTtnrAXOE or TELEPHOX]: SERViri:. 17. Every municipal council shall have power to enter lf^^{^^^^ into an a2;reement or aijreements with any person control- service ling, owning or operating any private, foreign, rural or other 1722 Cap. 95 MUNICIPAL TELEPHONE telephone system, for the purpose of providing for connection, intercommunication, joint operation, reciprocal use or trans- mission of business as between such system and a municipal telephone system, and may make such arrangements as shall be deemed advisable for the proper apportionment of expen- ditures and commissions, the division of receipts and profits, payment of compensation or such other adjustments as may be necessary under any such agreement. R.S.S. 1909, c. 95, s. 17. Minister ni;\y require system to enter into agreement 18. In case for any cause any person controlling, owning or operating any private or rural telephone system refuses, fails or neglects to enter into an agreement with a municipal council for any or all of the purposes mentioned in section 17, the council shall report the matter to the minister who shall have power to take all steps necessary or expedient to provide therefor upon such terms and conditions as may be deter- mined bv him. RS.S. 1909, c. 95, s. 18. Inspection of municipal «vstem INSPECTION OF MUNICIPAL SYSTEMS. 19. Every municipal telephone system constructed under the provisions of this Act shall, during construction, be subject to the inspection of an engineer or officer appointed bv the minister. R.S.S. 1909, c.^ 95, s. 19. Exchanges, terminals and extensions Power to construct beyond limits of municipality EXCHANGES, TERMINALS AND EXTENSIONS. 20. Every rural municipality owning and operating a telephone system shall have the right to place its local exchange or switching terminals in any neighbouring city, town or village outside the boundaries of such rural munici- pality upon such terms for the ownership or joint ownership of such local exchanges or switching terminals as may be mutually agreed upon between the councils of the munici- palities respectively concerned, or, in case such councils are unable to agree upon such terms, as shall be prescribed and ordered by the minister, and every such order of the minister shall be forthwith complied with.^ R.S.S. 1909, c. 95, s. 20. 21. In case for any cause it is satisfactorily shown that any municipal council shall have power and authority to construct, extend, maintain and operate its telephone system beyond the limits of the municipality, the Lieutenant Gover- nor in Council may grant such power and authority subject to such terms, conditions and restrictions as may be deemed advisable. R.S.S. 1909. c. 95. s. 21. Rules, regulations and bylaws RULES, REGULATIONS AND BYLAWS. 32. Every municipal council shall have power from time fo time to make and enforce all necessary bylaws, rules and MUNICIPAL TELEPHONE Cap. 96 1723 regulations for the general management, maintenance and operation of any telephone system under its control and for the collection of all charges, rents and rates; and for the purposes of this Act all charges, rents, rates, tolls and accounts due to a municipality by any subscriber or other person for the use of a telephone or for telephone service may be recovered by the council by action before any court of competent jurisdiction or may be treated in every way as if the same were taxes due to the municipality. R.S.S. 1909, c. 9.5, s. 22. 33. Until otherwise provided by the Lieutenant Governor Operation ot in Council the operation of the provisions of this Act is suspended suspended save and except in respect of the town of Carn- duff, the town of Melfort, the village of Abernethy, and the village of Gainsborough: Provided, however, that the provisions of this Act shall continue to apply with full force and effect to the above mentioned towns and villages. 1910-11, c. 23, s. 28. CHAPTER 96. H An Act respecting Rural Telephone Systems. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title SHOKT TITLE. 1. This Act may be cited as The Rurnl Telephone Act. 1918-10, 0. 46. s. i. I NTERPEETATION, Interpretation "Company" " Depart- ment" "Foreign telephone system' ' "Minister' ' " Munic'.pal telephone system" "Person" "Pole mile' " Priviite telcpliono «vstem' ' •Public telephnno system' " " Resident cioounnnf ' 3. Ill this Act. unless the context otherwise requires, the expression: . 1. "Company" means a company organised under the provisions of this Act ; 2. "Department" means the Department of Telephones and Telegraphs; 3. "Foreign telephone system" means a telephone system in operation ontside the limits of Saskatchewan; 4. "llinister" means the Minister of Telephones and Telegraphs, or any other member of the Executive Council to whom the Lieutenant Governor in Council may for the time being assign the administration of this Act ; 5. ''Municipal telephone system" means a telephone system constructed, maintained and operated under the pro- v'^isious of The Municipfd Telephone Act : 6. "Person" includes a firm, company, corporation, muni- cipal corporation, Government or an association or aggrega- tion of individuals; 7. "Pole mile" means a lineal mile in any rural telephone svstem necessarily occupied by telephone poles strung with one or more wires for the use of such system ; 8. "Private telephone system" means a telephone system which bv the law of the province any person has been authorised to construct, control or operate in Saskatchewan ; 0. "Public telephone system" means a telephone system under the control, management and operation of the minister ; 10. "Kesident occupant" means a person actually residing on land which is chargeable with a levy for telephone pur- poses under this Act, as owner, tenant, lessee or purchaser under an aaTcement for sale; RURAL TELEPHONE SYSTEMS Cap. 96 1725 11. "Rural mimicipalitv" iiioans a rural lauiiieipalitv or"Ru«i ,. _., , , '' . .* municipalitjr local improvement district ; 12. "llural tolophonc system" means a telephone system "Rural , , 1 " , telephone owned, controlled aud operated hv a company under the •'ytem" provisions of this Act ; 13. "Secretary" means the secretary of the com])aiiy who "Secretary" shall also act as treasurer ; 14. "Telegraph system" nu>ans a system n{ tcdegraph or '^"^^^'^fp'' telephone lines used for the transmission of telegrapli messages and includes all plant, trunk lines, branch lines, stations, toll offices, exchanges, depots, instruments. equi|) ment, poles, wires, property real and personal and works connected therewith ; 15. "Telephone system" means a system of tele])hoiic lines ^.,',^p^jr^.^°°* used for the transmission of communications by telephime and includes all plant, long distance lines, branch lines, sta- tions, toll offices, exchanges, c^pots, instrumen;ts, equip- ment, poles, wires, cables, property real and personal and works connected therewith. lOlft-19, c. 4B, s. 2. PART T, ORGANISATION, 3. Any rive or more persons residing in the province in^t-V 0/^0^^*^*"' petition the minister for permission to organise a company for the construction, maintenance and operation of a rural telephone system for their mutual benefit. 1918-19, c. 46, s. 3. ' 4. Every siicli i.ctirion shall In- accompanied by: Petition («) all plans, specifications, drawings and estimates of the proposed system required by the regnilations of the departiuciit ; {!)) a statement (»f the amount at which it is proposed to capitalise the company; (c) a statenumt of the amount to be raised by the sale of debentures or otluM-wise for the purpose of pro- viding for the system; {d) a scheduli' of the rates, rentals and tolls which it is proposed to rix and charge for teleph(me service and the cost of maintenance, operation and manage- ment ; 1726 Cap. 96 rural telephone systems (e) satisfactory evidence that the majority of the resi- dent occupants liable to be charged or taxed under this Act for telephone purposes are to be share- holders of the company; (/) satisfactory evidence that there has been collected from the subscribers of the capital stock of the company a sum in cash amounting to at least $5 for each pole mile of the system proposed to be constructed. 1918-19, c. 46, s. 4. Company is registered under The Companies Act 5. — (1) Upon receipt of the petition and upon being satisfied that the prayer of the petitioners should be granted, the minister shall grant the necessary permission, and notify to that effect the petitioners who may thereafter take all steps necessary to secure the organisation, incorporation and registration of the company imder The Companies Act. (2) No fees or charges of any kind shall be payable in connection with the formation, incorporation or registration of a company, notwithstanding anything contained in The Companies Act to the contrary. 1918-19, c. 46, s. 5. Limit of capital 6. The capital of a company shall not exceed $10 for each pole mile of line to be constructed, but may with the approval of the minister be increased from time to time pro- vided the reasons given in the application for the increase are satisfactorv. 1918-19, c. 46, s. 6. Shares 7 — (1) The capital of every company shall be divided into shares of $5 each. (2) I\"o more than four shares nor less than one shall be allotted to any one subscriber. (3) No subscriber shall take less than one share. (4) The amount of the capital stock collected from the shareholders shall be available for defraying all costs and expenses of organisation, and any balance thereafter remain- ing may be used for any of the purposes of the company. 1918-19, c. 46, s. 7. PART II. Powers and Duties of Companies. SERVICE AND INTERCHANGE OF SERVICE. Duties aa to service 8. — (1) A company which provides a telephone system under this Act shall upon the written request of any resident RURAL TELEPHONE SYSTEMS Cap. 96 1727 occupant furnish such occupant with telephone service and charge for same at the same rate as such service is supplied to other subscribers. (2) Any person making such request shall become a share- holder of the company and shall pay to the company upon his share or shares an amount at least equal to the minimum amount paid by any other shareholder. 1918-19, c. 46, s. 8. 9. — (1) An agreement that two or more companies shall Co^'j"j^°° construct or use a common telephone lead or reconstruct or improve any such lead, or that any company shall make use of any long distance lead owned by the province may be entered into. (2) Any sum payable under such an agreement as an annual charge, other than for maintenance and repair, shall be regarded as part of the original cost of the telephone system and as such shall be taken into account in determin- ing the amount to be levied annually on each parcel of land as set out in section 42. 1918-19, c. 46, s. 9. 10. A company may subject to the approval of the ^f ^Yephone minister enter into an agreement or agreements with any service person owoiing, controlling, or operating a private, foreign or other telephone system for the connection, intercommunica- tion, joint operation, reciprocal use or transmission of busi- ness as between any such system and the company's rural telephone system, including such arrangements as shall be deemed advisable for the proper apportionment of expendi- tures and commissions, the division of receipts and profits, and the payment of compensation or such other adjustments as may be necessary. 1918-19, c. 46, s. 10. 11. If a company organised under this Act or a person Minist^er may owning, controlling or operating a private or other telephone pacy to entei system within Saskatchewan refuses or neglects to enter into ment an agreement for any or all of the purposes mentioned in section 10, the minister may issue an order providing for such connection, intercommunication, joint operation, recip- rocal use or transmission of business upon such terms and conditions as he may deem advisable. 1918-19, c. 46, s. 11. EXTENSION AND SALE OF SYSTEMS. 13. — (1) A company may undertake an extension of itsExieasi^ telephone system with the approval of the minister upon fur- nishing him with the information called for by section 4 in so far as applicable to the proposed extension, and satis- factory evidence that : (a) all shareholders of the company have been served with a notice of the proposed extension as set forth in the resolution; 1728 Cap. 96 RIRAL TELEPHONE SYSTEMS (J>) it has secin'(>(l as sliaroholders a majority of the occupants i'(>si(ling on lands affoctod by the exten- sion and liable, along with the lands inchided in previous debenture issues of the coTnpany, to be charged with payment of the debenture for the cost of the entire system including such extension, as provided by section i*4 ; and (c) each such shareholder has paid to the company in cash the price of at least one share of stock. (2) The provisions of sections 28 to 31 shall apply to such extension in the same manner as to the construction of an original line. 191S-U). c. 40. s. 12. -Areas for 'Systems 13. The minister may det(>rmine and define the area within which the s\stem of any rural company shall be con- structed. 1918-10. c. 46, s. l-i Extension within municipality 14. The Lieutenant Governor in Council may, subject to such terms and conditions as may be deemed advisable, grant to any company ])owei- and authority to construct, extend, maintain and operate any portion of its telephone system within the limits of any municipality. 1018-19, c. 4r;. s. 14. Sale of systems 15 — (1) T^o sale or disposal by a company of any por- tion of its telephone system shall l)e made without the approval of the minister. (2) In the order giving such approval due provision shall be made to protect the holders of every debenture issued by the com])any from being prejudiced with regard to their rights or securities. (.'V) Every such ovdvr shall be binding ujx)n all parties concerned to the same extent as though its provisions were part of this Act. 191S-10. c. 46. s. 15.' May acquire lands ACQI'TRTXc;. TKANSKEKKI.NG AXT) ENTERIXG UPON LAND. 16 (1) A company may by its surveyors, engineers, agents, workmen or servants at any time enter upon, take, use or accpiire land or ])roperty in whomsoever vested required for its use, and niav tlir6ngli its officers, agents and servants do all such acts and things on or in relation to such land or pro])ertv as may be necessary, advisable or expedient for the construction, maintenance, extension or im]irovement of its telephone system. (2) A company shall when required so to do compensate the owner or owners or persons interested therein for loss of or injury to laud or property which it enters upon, takes, uses or acquires as provided by this section, and for all RURAL TELEPHONE SYSTEMS Cap. 96 1729 damages sustained by such owner or persons interested in or by the execution of all or any of the powers conferred upon the company. (3) In case the amount of compensation cannot be mutually agreed upon by the parties concerned the same shall be determined in the manner provided by The Arbitration -^ Act. 1918-19, c. 46, s. 16. 17. — (1) A transfer from one company to another of any TraiwferZof of the lands which by this Act are charged with a levy for another telephone purposes may be arranged for and made by the'^"'^^*'^ minister by a written order setting forth the terms and con- ditions under which the transfer shall take place. (2) In every such order provision shall be made to pro- tect any debenture holder concerned from being prejudicially affected in his security. 1918-19, c. 46, s. 17. 18. — (1) A company by its surveyors, engineers, agents, Cjompan>^may workmen or servants may, as often as is thought proper in and premises the exercise of its pow-ers. and without the consent of any municipal council or other authority enter upon and break and open up any highway, road, street, lane or other public place not within the limits of a city, town or village for the purpose of erecting poles and stringing wires or cables thereon or thereto. (2) In all cases the surface of the ground so broken or opened up shall be restored as far as possible to its former condition by and at the expense of the company. (3) The company shall not interfere or permit or sanction the interference with the public right of travel, or in any way obstruct or permit the obstruction of the entrance to any door or gateway or the free access to any building or prop- erty, or unnecessarily cut down or mutilate or permit the cutting down or mutilation of any trees. 1918-19, c. 46, s. 18.' BOOKS AND ACCOUNTS. 19. — (1) Every company operating a telephone system Books and under this Act shall cause to be kept books and accoimts of '"^''°"° the assets and liabilities, receipts and disbursements for and on account of such system. (2) Such books and accounts shall be kept in such form as may be prescribed by the minister, and shall be closed and balanced on the thirty-first day of December in each year. (3) Every such company shall, as soon as may be after the thirty-first day of December in each year, have an audit of its books and acounts for the year ending on that date made by some duly qualified person, but no one who at the 1730 Cap. 96 RURAL TELEPHONE SYSTEMS time the appointment is made or during the preceding year, is or was secretary of the company or who has any share or interest in a contract made by the company for the doing of any work or the supplying of labour or materials, or who is employed by the company in any other capacity than that of auditor, shall be appointed auditor. (4) The company may appoint an incorporated company or partnership as auditor. (5) The auditor shall, immediately upon completion of his audit, forward a copy of his report to the minister certi- fied correct, and, in default of so doing, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $2 per day for every day during which the default continues. 1918-19, c. 46, s. 19. Additional powers of oompaniea ADDITIONAL POWERS. 20. In addition to all other powers conferred upon com- panies by this Act every company may subject to the approval of the minister: (a) acquire by purchase, lease or otherwise any private or rural telephone system; (&) dispose b}' sale, lease or otherwise of the whole or any portion of its system; (c) make such rules and regulations for the mainte- nance, operation and management of its system as it deems advisable. 1918-19, c. 46, s. 20. Annual guarantee bond MISCELLANEOUS DUTIES. *4l. — (1) In addition to the guarantee bond referred to in subsection (4) of section 35, every company shall obtain annually a bond or covenant of some guarantee company licensed to do business in the province for an amount suffi- cient to secure the due accounting by the secretary of the company for all moneys that come to his hands other than the proceeds of debentures. (2) In case a company desires the department to arrange for and obtain such bond on its behalf the department shall do so upon receipt from the company of the amount required to be paid as premium for such guarantee. (3) All bonds required by this section shall be in such form as shall be approved by the minister and shall be deposited and kept in the department for the benefit of the company. 1918-19, c. 46, s. 21. Yearly 23. — (1) Duriug the last week in January of each year tife*!Snbter° the Secretary of every company shall transmit to the minister, in such form as shall be prescribed by him, a statement of its standing and operation for the preceding year. RURAL TELEPHONE SYSTEMS Cap. 96 1731 (2) The secretary of every company shall from time to time when called upon so to do furnish such additional information respecting the company and its telephone system as may be required by the department or any of its officers. 1918-19, c. 46, s. 22!^ PAKT III. Financial Provisions. LOANS AND DEBENTURES. 23 (1) Every companv may raise by way of loan on power to ^-^ "^ 1./ o • J £ borrow for debenture such amount as may be required lor: construction, purchase or (a) constructing, reconstructing or improving a tele-e^fen^-j^'j^^of phone system; system (&) purchasing or otherwise acquiring the use of the whole or any part of an existing system; and (c) adding to or extending any such system. (2) The total amount which may be borrowed under the provisions of this section shall not exceed, except by order of the minister, $350 per mile of the company's system including any extension thereof. 1918-19, c. 46, s. 23. 24. — (1) Every such loan shall be authorised by theR^^o^uticm directors at a regularly called meeting by passing a resolution loan of the company in that behalf (form A), which resolution shall be duly entered in the minutes of the meeting. (2) Subject to the provisions of subsection (4) every such resolution shall contain an enumeration and descrip- tion of all parcels of land that are to be charged with pay- ment of the proposed loan, and of any instalment still to accrue of debenture indebtedness in respect of the original system and previous extensions. (3) The land so to be described shall include: (a) every quarter section on either side of the route of the proposed telephone line or lines or of any extension thereof when such extension is provided for under section 12 : (h) every quarter section any part of which lies within a distance of 100 yards from the proposed line or lines or any extension thereof when such extension is provided for under section 12 ; (c) every parcel of land less than one quarter section in area when situated as described in clause (a) or (&). 1732 Cap. 96 RURAL TELEPHONE SYvSTEMS Liability ot occupant of Crown lands Not'u c- ()l'ji'<:tion l>y shareholders i-CtTClMI)' ilui V (4) If any portion of a rural telephone system lies or is to be constructed within the limits of a city, town or village, none of the lands within such municipality shall be enumer- ated or described in the said resolution, (5) A parcel of land which is made subject, under the provisions of this Act, to a levy for telephone purposes by a company shall not be subject to a levy by any other company until the debenture indebtedness of the first company is fully paid. (6) The lots or blocks of land in a hamlet shall not be chargeable with a levy for the purposes of a rural telephone company nor shall it be obligatory upon a company to furnish a service to such lots or blocks. 191S-19, c. 46, s. 24. 35. Where the title to a parcel of land, otherwise charge- able with payment of a proposed loan, is in the Crown, the land itself shall not be liable for any levy under this Act, but the occupant may be personally charged therewith in respect of his occupancy. 1918-10, c. 46, s. 25. 3(5 -(1) Upon the passing of a resolution as provided for in section 24, the secretary of the company shall within six days thereafter cause to be delivered to each shareholder, and to each resident occupant of the lands enumerated in the resolution, a notice (form B) setting forth the decision of the company respecting the proposed loan. (2) In the absence from home of a shareholder or resi- dent occupant such notice may be delivered to some adult person at the residence of the absentee. 1918-19, c. 46,. s. 26. 37. If a shareholder or resident occupant objects to the proposed loan, he shall within seven days of the delivery of the notice referred to in section 25 hand to the secretary or leave at his office or place of residence a written statement of his objections. 1918-19, c, 46, s. 27. 38. After the lapse of fifteen days from the passing of the resolution referred to in section 24 the secretary shall transmit to the minister: (a) a copy of the said resolution certified as correct and attested by the signatures of the president and secretary of the company; (h) a statutory declaration by the secretary of the- company (form C) that all notices have been delivered as provided by section 26; (c) any objections to the proposed loan received by the- secretary under the provisions of section 12^ 1918-19, c. 46, s. 28. RURAL TELEPHONE SYSTEMS Cap. 9(> 1733 21). Upon receipt of the documents referred to in section Submission _,„,,..,,,, by minister 28 and upon being satisiicd that : to Local Government (a) the several conditions required by the Act have '^""'^'^ been substantially complied with; and (b) the estimated expenditure for the proposed work is reasonable and necessarv for the purposes for which it is to he made ; the minister shall submit tu the Local Government Board a statement to that offn-i. 1!>1S-19. c. 46. s. 29. ^t). — (i) Notwithstandiiiii' an_vthin<>' in The Local 6roi'-^\uti'""sation emmetit Board Act, the Local Government Board, upon Government receipt of such statement and upon satisfying itself that the security for the debenture is sound, shall authorise in writ- ing the issue of debentures to an amount which will, in the opinion of the board, yield on sale the sum stated by the minister to be necessary, and shall publish notice of such authorisation in The Sasl-atchewan Gazetic. (2) Every such notice shall contain, in addition to other particulars, a description and enumeration of the lands to be charged with the repayment of the debentures authorised. 19LS-19, c. 4G, s. 30. 31. — (1) Every loan shall be raised by the issue andj;'itedby sale of a debenture or debentures of the company (form D) debentures and the proceeds of the sale together with any interest that may accrue thereon shall be deposited in a chartered hank to the credit of the company in a special account to be drawn on from time to time as expenditures are made for the pur- pose of constructing, adding to or iniprovini>- its telephone system. (2) No such expenditure^ shall be made on account of ordinary maint(>nan('(^ ami r('i)air or for operation. 1918-19, c. 46. s'. 31. 32. — (1) Excrv debenture issued under the provisions Requisites of e ,^ • k , ' debentures oi this Act : ( a) shall run for such period not exceeding fifteen years as is set forth in the resolution referred to in section 24 ; (h^ shall not bear interest at a greater rate than eight per centum per annum ; (r) shall be sealed with the corporate seal and signed by the president and secretary of the company; id) shall be registered by the dej)artment and counter- signed l)v the minister as pro\ided bv section 3.^. .1734 Cap. 96 RURAL TELEPHONE SYSTEMS (2) Debentures may be dated at any time within twelve months from the date on which notice of the authorisation appears in The Saskatchewan Gazette, and the first instal- ment of principal and interest may be made payable at any time within eighteen months of the date of the debenture. (3) In the event of the first instalment of principal and interest of a debenture being made payable at any time after one year from its date as provided in subsection (2), such debenture may run for such longer term than fifteen years 'as may be necesary to allow of repayment in fourteen years from the date of the payment of said first instalment. 1918- 19, c. 46, s. 32. Debenture shall create lien on the land 33. Every debenture issued under the provisions of this Act and countersigned by the minister shall bind the com- pany for any loan raised or borrowed on the security thereof and shall create a charge or lien for the payment thereof and the interest thereon against all the property of the company and against every tract or parcel of land enumerated and described in the notice of authorisation mentioned in section 30. 1918-19, c. 46, s. 33. Registration 34. Every debenture before being issued shall be sent for registration to the minister who shall cause a proper record to be kept of the same. 1918-19, c. 46, s. 34. Effect of countersigning hv minister Guarantee bond furnished by secretary 35. — (1) Upon receipt of a debenture the minister shall, if satisfied that the requirements of this Act have been sub- stantially complied with, and that the authority to make the loan has not been withdrawn, register and countersign the debenture. (2) Such countersigning by the minister shall be con- clusive evidence that all the formalities in respect to the loan and the issue of the debenture have been complied with, and the legality of the issue of such debenture shall be thereby conclusively established so that its validity shall not be questionable by any court in Saskatchewan, and it shall be a good and indefeasible security in the hands of any bona fide holder. (3) The signature of the Deputy Minister of Telephones and Telegraphs on any debenture heretofore or hereafter issued is and shall be equivalent to counter-signature by the minister. (4) Every debenture duly countersigned shall be retained by the department until a bond or covenant of some guar- antee company authorised to do business in the province has been furnished by the company to secure the due accounting by its secretary of all moneys that come into his hands as the proceeds of such debenture. RURAL TELEPHONE SYSTEMS Cap. 96 1735 (5) The said bond shall remain in force for one year or for such further time as the minister may require and shall be in such form and for such amount as he shall approve. 1918-19, c. 46, s. 35. 36 (1) Every company issuing a debenture under the Debenture provisions of this Act shall keep a book to be known as the debenture register in which shall be entered particulars of every debenture issued. (2) Every debenture issued shall have written, printed or stamped thereon a memorandum signed by the secretary with the proper particulars inserted therein in the following form : Registered in the Debenture Register as N'o. this day of 19 Secretary treasurer. 1918-19, c. 46, s. 36. 37. A separate record shall be kept of the proceeds of ^fP^rlfcS every debenture issued and sold under the provisions of this Act, and it shall be unlawful to use any part of such pro- ceeds to meet organisation or other expenses including the cost of maintaining, repairing or operating a telephone system. 1918-19, c. 46, s. 37. 38. In case a company incorporated under the provisions |;°^rpori^t€d of chapter 7 of the statutes of 1908, chapter 96 of The ^^^der^.^^ Revised Statutes of Sashatchewan 1909, or chapter 33 oi oj^prevk^xis the statutes of 1912-13, desires to take advantage of the pro- visions of this Act respecting the issue of debentures for any one or more of the f ollow jng purposes, namely : (a) providing for the cost of a telephone system already constructed ; (&) extending or adding to an existing system; (c) improving or reconstructing an existing system ; or (d) purchasing the who^e or any part of an existing system ; such company may be permitted to do so on such terms and conditions as shall be set forth in an order to be issued by the minister for that purpose. 1918-19, c. 46, s. 38. EXECUTIONS FOR NONPAYMENT. 39. If the whole or a part of any payment on account of g°dTbTnTu?e a debenture is not made when due and the holder obtains when due judg-ment against the company for the amount thereof, a writ of execution may be indorsed with a direction to the sheriff to levy the amount by rate and the proceedings thereon shall be as follows: 1736 Cap. 96 RURAL TELEPHONE SYSTEMS Seivice of writ Sheriff sitrikps a rate Precept to secretary treasurer Levy of special rate Surplus Secretarj- treasurer an officer of court 1. The sheritf of tlie judicial district in which the reg- istered office of the eompanv is situated shall deliver a copy of the writ and indorsement to the secretary of the company and to the secretary treasurer of each rural municipality within which lands liable for payment lie, or shall leave such copy at the offices or dwellings of such officers with a state- ment in writing of the sheriff's fees and of the amount required to satisfy such execution including interest calcu- lated to some day as near as convenient to the day of service ; 2. In case the amount with interest thereon from the day mentioned in the statement is not paid to the sheriff within one mouth after the service, the sheriff shall examine the assessment roll of such municipality or municipalities and shall, in like manner as rates are struck in accordance with section 41, strike a rate on the lands liable for payment sufficient to satisfy the amount (lu(> on the execution with such addition to the same as he deems necessary to cover the interest and his own fees up to the time when such rate will probably be available^; 8. lie shall thereu]»on issue a precept or precepts under his hand and seal of office directed to the said secretary treas- urer or treasurers, and shall by such precept, after reciting the writ and that the company has neglected to satisfy the same, command the said secretary treasurer or treasurers to lew or cause to be levied such rate at the time and in the manner l»y law rt^quircd in respect of the general municipal taxes ; 4. At the time of levying the annual rate next after the receipt of sncli ])r('C('])t the secretary treasurer shall add a column to tlie tax roll in the said nuinicipality headed "Execution rat(> of -I. />. r. The Rural Telephone Company, T.imited" ( or. as the case may be, adding a colunm for each execution if more than one), and shall insert therein the amount hv sncli precept retpiired to l)e levied upon each person res])eetivelv and shall levy the anionnt of such execu- ticm rate as aforesaid; and siu-h secretary treasurer so soon as the amount of such execution or executions is collected shall retnrn to th( sheriff the precept with the amount levied thei'eon ; ."). I'he sheritf shall attei' satisfying the executions and all fees thei-(M)n return any surplus within ten days after receivine' the same to the secretary of the com{)any ; f). The secretary treasurer or treasurers shall for all pur- ])qses conne('te(l with carrying into effect or ])ermitting or assistinu the sheriff to carry into effect the ])rovisions of this Act with resi>ect to such executions be deemed an officer of the court out of which the writ issued and as such shall be RURAL TELEPHONE SYSTEMS Cap. Of> 1737 amenable to the court, and he may be proceeded against by attachment, mandamus or otherwise in order to compel him to perform the duties hereby imposed upon hini ; s in more than one 7. Where the lands subject to levy for payment of the \'^^^\ execution debt lie in more tlian one iudicial district and i'J'l'''.''*' •' _ _ district the amount required to satisfy the debt with interest and costs has not been paid within one month of the delivery of the writ as provided by paragi-aph 1 of these proceedings as set forth in this section, the sherift' of the judicial district in which the registered office of the company is situated shall proceed to strike a rate upon the lands so liable in his judiciai district in the nuiuner set forth in paragraph 2, but such rate shall be restricted to an amount sufficient to satisfy a share of the execution debt and interest bearing the same proportion to the total debt and interest as the lands so liable in his judicial district bear to all the lands charged with payment, together with his own fees to the intent that all the lands charged with payment shall be equally rated; 8. The sheriff of any other judicial district in which lands Service of chargeable with payment of the execution debt lie shall, on receipt of a writ indorsed to levy the amount as above men- tioned, deliver a copy of the w^rit and indorsement to the secretary treasurer of each rural municipality in his judicial district within which such lands are situated, or leave such copy at the office or dwelling of the secretary treasurer with a statement in writing of his fees and of the amovint required to satisfy the execution, including a sum for interest calcu- lated to a day as near as convenient to the day of service ; 0. On the expiration of one month from the date of deliv- Levy of ery of a copy of the writ to the secretary of the company as provided by said paragraph 1 the sheriff' shall proceed to levy a rate in the same manner as hereinabove provided with regard to the sheriff of the judicial district in which the office of the company is situated, but such rate shall be restricted to an amount sufficient to satisfy a share of the execution debt and interest bearing the same proportion to the total debt and interest as the lands so liable in his judicial district bear to all the lands charged with payment together with his own -fees to the intent that all the lands charged with payment shall be equally rated ; 10. Such a sheriff upon receiving the amount of the levy BaiKnoe shall after payment of his own fees and expenses transmit the balance to the sheriff of the judicial district in which the office of the company is situated ; 11. The provisions of paragraph G shall apply to the secre- Appu.aiion of tary treasurer of each rural municipality comprised in a "*''""''■''''' '' judicial district wherein lands lie which are subject to levy under the provisions of this section. 1918-19, c. 46, s. 39. 1738 Cap. 96 RURAL TELEPHONE SYSTEMS LEVY AND ASSESSMENT. Annual levy Exemption 40. — (1) Subject to the provisions of subsection (2) the amounts required to meet the payment of debentures and debenture coupons as they fall due together with such other payments as are required to be made under section 9 shall be levied as hereinafter provided on all lands charged with the repayment of the debenture loan. (2) The minister may by written order exempt any of the said lands from such levy and no levy shall be made on lands so exempted. 1918-19/ c. 46, s. 40. How determined 41. — (1) In order to determine the amount of the levy to be charged against each parcel of land all parcels of land enumerated and described in the notice authorising the debenture, except such as may be exempted therefrom under the provisions of this Act, shall be charged with and held liable for the total cost of the telephone system exclusive of the cost of house telephones, their installation and connec- tion with the main lines of the system; and the amount required to meet the total cost as it falls due shall be levied annually on the said parcels in proportion to their respective areas or acreage, each quarter section for this purpose being reckoned to contain one hundred and sixty acres. (2) In addition to the charge specified in subsection (1) all parcels of land, the resident occupants of which are supplied with telephone service, shall be charged with and held liable for the cost of all house telephones, their installa- tion and connection with the main lines of the system. The amount of the annual levy on these lands required to meet this cost as it falls due shall be levied equally on the said parcels irrespective of area or acreage. 1918-19, c. 46, s. 41. Annual statement 43. The directors of every company shall annually cause to be prepared a statement showing: (a.) the amount to be paid on the debenture coupon or coupons falling due during the current year together with any annual or other charges to be met under the provisions of section 9 ; (&) the proportion of such total amount to be levied on each parcel of land as provided for in section 41, 1918-19, c. 46, s. 42. Assesaments 43. — (1) On or before the first day of April in each year or as soon as practicable thereafter the secretary of the com- pany shall send notice in writing to the secretary of each municipality in which such lands or any of them are situated setting forth the sum of money to be levied on each parcel of land for telephone purposes for the current year. RURAL TELEPHONE SYSTEMS > Cap. 96 1739 (2). Upon receipt of such notice the municipality through its proper officers shall make due provision for the levy and collection of every such sum and for that purpose all the provisions of the respective municipal Acts for the levying and collection of municipal taxes shall apply. (3) Every sum of money levied or charged against land for telephone purposes as herein provided shall be regarded as a tax lawfully assessed upon the owner or resident occu- pant of such land and upon the land itself by such munici- pality, and shall be payable by him and recoverable against the said land at the same time as the taxes for such munici- pality are payable and recoverable by law. 1918-19, c. 46, s. 43. 44. — (1) In case of a company in process of liquidation Company^in the notice required bv section 43 shall be given by the notice by ^ " o . hqmdator liquidator. (2) Where the secretal-y or liquidator of the company, as the case may be, fails to give the notice required by section 43 before the fifteenth day of April in any year the minister may cause such notice to be given and on receipt thereof the proper officers of the municipality shall proceed in every respect as if such notice had been duly given by the secretary or liquidator. 1918-19, c. 16, s. 41.' 45. — (1) On or before the thirty -first day of December Pavment of in each year or at a later date but not less than two weeks council prior to the date upon which the next debenture payment of the rural telephone company falls due, the council shall pay to any rural telephone company for which it collects taxes the whole amount of the taxes due to such company for the year ending on such thirty-first day of December. (2) The council may borrow moneys, on the credit of the taxes to be collected for the current year for any rural tele- phone company, to an amount not exceeding 80 per centum of the total estimated taxes so to be collected, (3) In any case where the council borrows the amount to be paid to a rural telephone company under this section, the interest on the loan shall be payable to the municipality by the rural telephone company. 1918-19, c. 46, s. 45. PAKT IV. MISCELLANEOUS PROVISIONS. 46. Except in so far as varied by this Act, the pi'ovisions r^^ com_pontes of The Com'panies Ad, shall apply to every company. 1918- 19, c. 46, s. 46. 1740 Cap. 96 rural telephone systems Li^utenant'^ ^^ ' Uiiless hereiu otherwise provided a company shall n^^sarv "'^^ ^'^ org'anised, incorporated and registered under The ('ompanies Act for the pnrpose of carrying on a telephone hnsiness in Saskatchewan without the approval of the IJen- tenant Governor in Council. 1918-19, c. 46, s. 4Y. iTabiiTtierol ^^' ^^^ companies incorporated and registered under the continTr?"'^' provisious of chapter 7 of the statutes of 1908, chapter 96 of The Revised Staiutes of Saskatchewan 1909 or chapter 1)3 of the statutes of 1912-13 are hereby confirmed and con- tinued as companies under this Act, and in addition to being subject to the pi-ovisions of this Act every such company shall continue to have, exercise and enjoy all the, rights and powers and be subject to all the penalties and liabilities con- ferred upon such companies by the said first mentioned three statutes or such of tliem as luav a]iph'. 1918-19, c. 46, s. 48. , ment and taxation ^omTsseS- "^^ (l") Subject f(» the provisions of subsection (2), every rural telephone system constructed, maintained and operated under the provisions of this Act shall be exempt from all assessments, rates and taxes whatsoever. ( 2") Where a telephone I'xchange building is situated in a city, town or village, the building together with the lot or parcel of land upon which it stands shall be subject to assess- ment and taxation bv the municipality. 1918-19, c. 46, s. 49. Government assistance 50. The minister may furnish any company from time to time with telephone ]>oles for the construction of its system, provided that the nnmbe]' of poles and the conditions under which they shall be supplied shall be fixed by regulations as approved by the Lieutenant Governor in Council. 1918-19, c. 46, s. 50. Minister 51. The minister mav issue such orders and make such makes orders , . . "^ . to meet rnlcs and regulations from time to time as he may deem advisable for the better carrying out the spirit and intent of this Act, and all such orders, rules and regulations shall be binding upon all parties concerned and have the same force and effect as if incorporated herein. 1918-19. c. 46, s. 51. ^^"^» 53. The forms referred to in this Act are the forms con- tained in the schedule hereto, 1918-19, c. 46, s. 52. RURAL TELEPHONE SYSTEMS Cap. 96 1741 SOITEDITLE. FORM A. (Section 2 J/.) Resolved that the board of directors of The J^lution Rural Telephone Company No. authorises the issue of a debenture by the company for the purpose of securing the funds necessary to provide for (here state purpose of loan) ; That the amount of such debenture shall be such as will on sale, in the opinion of the Local Government Board, as showTi by its written authorisation, yield the sum of $ or such less sum as shall be stated by the minister to be neces- sary, and shall be repayable in years ; That the rate of interest upon such debentures shall not exceed eight per cent, per annum; That the lands to be charged as security for such deben- ture as provided by The Rural Telephone Act shall be (here enumerate and describe all such lands). Dated this (lav of 19 FOR;\r B. (Section 26) Notice is hereby given that the board of directors of The ^°^°^ Rural Telephone Company has passed a resolu- tion authorising the issue of a debenture for $ repayable in years for the purpose of raising the funds necessary to provide for (here state purpose). In case you have any objection to said loan a statement of your objections should be furnished to me in writing on or before the day of 19 . Dated this day of 19 . Secretary. FORM C. (Section 28 (h) ) Canada : \ Province of Saskatchewan. j I^ secretary of The Telephone Company, do solemnly declare: O,,,..,] Form of '^'"'^' secretary's declaration 1742 Cap. 96 RURAL TELEPHONE SYSTEMS That the provisions of section 11 of The Rural Telephone Act have been complied with and that every person entitled to receive the notice referred to in the said section has been served with same. ' • And I make this solemn declaration conscientiously believ- ing the same 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 Saskatchewan this dav of 19 . A Comm., N.P. or J .P. Secretary s Signature. FORM D. Form of ■debenture {Section 31) Debenture No. . $ The Rural Telephone Company of the Province of Saskatchewan promises to pay the bearer of this debenture at {here state place of payment) the sum of dollars of lawful money of Canada with interest at the rate of per centum per annum, the said payment to be made annually in equal payments of principal and interest combined as specified in the coupons attached hereto. Dated this dav of 19 . President. Form of coupon Coupons. Secretary. Debenture No. . Coupon No. The Rural Telephone Company of the Province of Saskatchewan will pay to the bearer at {here state place of payment) on the day of 19 the sum of dollars, being the instalment of principal and interest due on that date on Debenture No. issued by the said company. President. Secretary. H CHAPTER 97. An Act respecting the Assessment of Railways. IS Majesty, by and with the advice and consent of the Leo-islative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Railway Assessment Act Short title Annual ., . , Annual 2. Every railway company whose railway is not exempt statement from taxation shall annually transmit on or before the first i^y^nd'scho. day of February to the secretary treasurer of every munici- '^'^^""^ pality and to the secretary or other officer of every public school district through which the company's railway^ may run a statement to be signed by some authorised official of the company showing: 1. The quantity of land other than the roadway owned or occupied by the company which is liable to assessment; 2. The quantity of the land occupied by the roadway. f RS.S. 1909, c. 97, s. 1. 3. The secretary treasurer of such municipality or the j^;';^^^^ secretary of the school district, as the case may be, shall communicate such statement to the assessor of the munici- pality or school district, as the case may be, who shall assess the lands described therein as other lands within the munici- pality or school district and who shall deliver at or transmit by post to the nearest station or office of the company a notice addressed to such company stating the amounts at which the land of such company and the roadway and superstructure have been assessed. R.S.S. 1909, c. 97, s. 2. 4. Whether such statement in section 1 is placed in the ^^°|"^^^|;. hands of the assessor of any such municipality or school f/^^^^^^^^^ district or not, the assessor of every municipality or school district, as the case may be, shall assess the lands of such railway company and the roadway thereof and the super- structure of such roadway and give such notice as is required by section 2: Provided that the roadway and superstructure thereon shall not be assessed at a greater value than $1,000 per mile. R.S.S. 1909, c. 97, s. 3. 5. Such taxes shall be payable to the municipality or CoU^ion school district, as the case may be, making such assessment and shall be collectible in the same manner as other taxes. R.S.S. 1909, c. 97, s. 4. 1744 Cap. 97 RAILWAY ASSESSMENT Biemption 6. Kailway companies shall not be liable for assessment in any school district or municipality in Saskatchewan for the payment of any debenture indebtedness existing on the thirty-first day of December, 1892. R.S.S. 1909, c. 97, s. 5. H CHAPTER 98. An Act respecting Wolf Bounties. . IS Miijcstv. by and with the advice and consent of the Lc-islative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act niav be cited as The Wolf Bounty Aci. lit! S- short title 19, c. 54, s. 1. IXTEEPRETATION. 2. In this Act, nnless the context otherwise requires, the interpretaiion expression : 1. '-Minister" means the Minister of Agriculture; "Minister- 2. "Local improvement district" means a district ^'^^i^sti- j^^^ocai^^^^^ tnted imder the provisions of The Local Improvements Acl ; district" 3. ''Bounty certificate" means a wolf bounty certificate -Bounty ' . . J! ^ • K i. certificate issued under the provisions oi this Act ; 4. "Timber wolf" means the large wolf known also as the l^^^^^^' gi-ay wolf; 5. ''Wolf pup" means the immature young of the prairie "WoU or timber wolf up to the first of July in any year. 1918-19, c. 54, s. 2. WOLF BOUNTY DISTRICTS. 3. Every rural municipality, and every local improve- oid^di^trfnt^ ment district or part thereof declared to be a wolf bounty district under any previous statute of Saskatchewan, shall be deemed to be a wolf bounty district within the meaning of this Act. 1918-19, c. 54, s. 3. 4. — (1) Upon the expiration of sixty days from the date Creation of the notice referred to in subsection (2), the Lieutenant districts Governor in Council may by order declare a local improve- ment district or portion thereof to be a wolf bounty distrii.'t. (2) ISTotice of intention to make such declaration shall be: (rt) published in The Sashatcheivan Gazette; and (h) posted up in all post offices of the district. 1918- 19, c. 54, s. 4. BOUNTY CERTIFICATE. 5 (]) Any jjerson who has killed a wolf pup or timber Bounty wolf within a wolf bounty district shall be entitled to a wolf bounty certificalc (form Vt^ upon: 1746 Cap. 98 WOLF BOUNTIES (a) displaying before an inspector of wolf pelts for the district for his examination either the nnskinned carcass or the pelt with ears intact ; and (&) making before such inspector the affidavit (form A). (2) Such certificate shall entitle the holder to one dollar for every wolf pup, and ten dollars for every timber wolf so killed. 1918-19, c. 54, s. 5. , • INSPECTORS. Inspectors: in rural 6. The secretary treasurer of every rural municipality municipalities ^YinW be ex officio an inspector of wolf pelts. 1918-19, c. 54, s. 6. fmp^^vlment '^ ' When a local improvement district or portion thereof districts jg declared to be a wolf bounty district the minister shall appoint resident inspectors of wolf pelts. 1918-19, c. 54, Inspectors may administer oatiis and receive applications 8. All inspectors appointed by virtue of this Act may : (a) administer oaths or receive affidavits required to be taken under its provisions ; and (h) receive applications for and issue bounty certifi- cates as herein provided. 1918-19, c. 54, s. 8. DUTIES OF INSPECTOKS. Marking pelt 9. An inspector to whom application is made for a bounty certificate shall examine the unskinned carcass or the pelt displayed, and shall, if satisfied that the claim is just : (a) mark the said unskinned carcass or pelt by splitting both ears from tip to base ; and (b) issue to the applicant a bounty certificate (form B). 1918-19, c. 54, s. 9. PAYMENT OF BOUNTY. in^i^ai"^ 10. — (1) The council of a rural municipality shall by municipalities resoliition authorisc its secretary treasurer to pay over in exchange for any bounty certificate issued by him the sum due under the provisions of this Act in respect thereof. (2) Such sum shall be payable to the bearer of a certifi- cate if indorsed by the person to whom it was issued. 1918-19, c. 54, s. 10. 11. — (1) The Minister of Municipal Affairs shall pay Payment in local Justri"^'"^"'^ over in exchange for any bounty certificate issued by an inspector of wolf pelts in a local improvement district, out WOLF BOUNTIES ('n\). 98 1747 of the funds of such district, the sum due under the provi- sions of this Act in respect of such certificates. (2) Such sum shall be payable to the bcai-cr of a certificate if indorsed by the person to whom it was issued. 1918-19, c. 54, s. 11. CANCELLATION AND KEFIJNl). 13. After payment of the amount of any bountv certificate Certificate the secretary treasurer of the municipality or the ^finister after poyment of Municipal Affairs, as the case may be, shall cancel such certificate and retain it for transmission to the uiinister as hereinafter provided. 1918-19, c. 54, s. 12. 13. A wolf bounty district shall be entitled to a refund ^^'^;;?4°' of half the amounts paid by it as bounties for wolves killed in accordance with the provisions herein set forth. 1918-19. c. 54, s. 13. 14. A wolf bounty district making application for a refund toXta^n^ of bounties paid shall before the last day of February in each year forward to the minister the cancelled certificates on which bounties were paid during the previous calendar year together with a statement in duplicate of the sums paid, and such district shall then be entitled to be reimbursed to the extent of one-half of the total amount out of any appro- priation available for the ])urpose. 1918-19, c. 54. s. 14. 15. The forms referred to in this Act are the forms in Fo'nM the schedule hereto. 1918-19. c. 54, s. 15. SCHEDULE. FORM A. (Sedion ■', (1) (b) ) affidavit. Canada : Province of Saskatchewan, To Wit: Tn the matter of the destruction of wolves: 1. The wol the unskinned carcass of which now displayed by me killed by mo wathin the boundaries of the Rural Municipality of No. {or Local Improvement District T^o. ) in the Province of Saskatchewan ; Vol II.— 20 1748 Cap. 98 wolf bounties or 1. The wol the pelt of which uow displayed by me killed by me within the boundaries of the Rural Municipality of No. {^07' Local Improvement District No. ) in the Province of Saskatchewan; 2. I have not previously received bounty for killing the said wol and am therefore entitled now to receive same. Siijnature. The above mentioned unskinned carcass {or pelt) ha been inspected and marked as provided in The Wolf Bounty Act and this affidavit is now sworn to before me at in the Province of Saskatchewan, this day of 19 . Inspector of Wolf Pelts. FORM B. {Section 5 {!)) Wolf Bounty Certificate. $ {Name and namher of rural municipality or local improve- ment district.) Issued at on 19 . This is to certify that of has complied with the provisions of The Wolf Bounty Act of the Province of Saskatchewan and that he is entitled to the sum of dollar under the provisions of the said Act from the treasurer of the above mentioned municipality {or from the Minister of Municipal Affairs) for killing wol Inspector of Wolf Pelts. Note. — This certificate, if indorsed by the applicant, is payable to bearer. Received from , the treasurer of the above mentioned municipality, the sum of dollar being the amount due on the above certificate. CHAPTER 99. An Act respecting Hail Insurance by Municipalities. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Municipal Hail Znswr- short tUi. ance Act 1919-20, c. 30, s. 1. INTERPRETATION. 3. In this Act, unless the context otherwise requires, the interpretation expression : 1. "Association" means the Saskatchewan Municipal Hail ^^°"* ""' Insurance Association ; 2. "Council" means the council of a rural municipality ; "Councir* 3. "Crops" means and includes crops of wheat, oats, barley, "Crops" flax, rye or speltz ; 4. "Land under cultivation" means and includes cropped, '^^^^i^^^!':' ploughed, summerf allowed and garden land; 5. "Minister" means the Minister of Municipal Affairs; "Minister- - 6. "Municipality" means a rural municipality; paYity-'* 7. "Eatepayer" means a person of the full age of eighteen "Ratepayer" years whose name appears on the last revised assessment roll of the municipality; 8. "Secretary treasurer" and "reeve" mean respectively j^'^secretary the secretary treasurer and reeve of a rural municipality, and "reeve- • 1919-20, c. 30, s. 2. HAIL INSURANCE ASSOCIATION. 3. — CD There shall continue to be an association to be The _ V / .IT A associatioo called "The Saskatchewan Municipal Hail Insurance Asso- ciation," which shall consist of representatives of all the municipalities which exercise the powers provided by sec- tion 16. (2) Each municipality shall be represented by one dele- gate appointed by the council. (3) Delegates need not necessaj-ily be members of the councils of the respective municipalities which they re])re- sent, but they shall be resident electors of such municipalities. 1919-20, c. 30, s. 3. 1750 Cap. 99 MUNICIPAL HAIL INSURANCE Head office 4. The lieud otiice of the association shall be at Regina in the Province of Saskatchewan. 1919-20, c. 30, s. 4. The association shall be a corporate body and shall Association a corporate body with have the follovt^insj powers: power to o J. borrowjinoney (a) to borrow money for the purpose of carrying out the objects of its incorporation, to hypothecate, ])ledgo and mortgage its property, rights, assets :md prospective revenues, and to sign bills, notes, contracts, and other evidences of or securities for money borrowed or to be borrowed for the pur- poses aforesaid; {h) to invest any reserve funds or surplus, as the same uiny from time to time be accumulated, in such manner as may be approved by the Lieutenant Governor in Council; (c) to transact the business of indemnifying against loss occasioned by hail the owners of crops growing within the area of municipalities which exercise the powers conferred by section 16. 1919-20, c. 30, s. 5. Annual meeting 6. The association shall hold an annual general meeting of its members for the election of directors, for the presen- tation and consideration of the reports of the officers of the association and for the transaction of such other business as mav come before the meeting under the provisions of this Act. 1919-20, c. 30, s. 6. Board of directors 7. — (1) There shall be a board of nine directors who shall be paid such remuneration as the association may determine. All directors shall hold office for three years. (2) Three directors shall retire each year and a sufficient number shall be elected by the association each year to fill the vacancies occurring. !) Directors need not be delegates. 1919-20, c. 30, s. 7. ■ o Voters Election of officers 8. The persons entitled to vote at all general meetings of the association shall be the appointed delegates of the municipalities as provided in section 3. 1919-20, c. 30, s. 8. 9. — (1) The directors shall meet immediately after the annual gc^neral meeting of the association and organise by electing from their own number a president and vice presi- dent, and appointing a secretary and treasurer who may, or may not, be directors. (2) One person may be appointed 1o the joint office of sncrotarv and treasurer. 1910-20, c. 30, s. 9. MUNICIPAL HAIL INSURANCE Cap. 99 1751 10. The directors shall appoint an executive committee, Executive consisting oi the president, vice president and one other member of the board, any two of whom shall constitute a quorum. 1919-20, c. 30, s. 10. 11. The executive committee shall have such powers as ^^^^^'^f^^^ may be delegated to it from time to time by the directors. 1919-20, c. 30, s. 11. 13. The directors may engage and fix the salaries or fak^ls compensation of all officers, agents and employees of the association, and may define their duties ; but may, if it be deemed advisable, delegate such powers to the executive committee or to such officer or officers as may be in control of the association's business. 1919-20, c. 30, s. 12. 13. The directors may fill any vacancy that may occur j^'^jhe bM,rd in the board, and the person appointed shall hold office until the next general meeting. 1919-20, c. 30, s. 13. BYLAWS. 14. — (1) The association mav from time to time make ^°V*'^.*°, ^ ^ •' _ . , _ make bylaw* such bylaws, not contrary to law or inconsistent with this Act, as may be deemed expedient, for all or any of the following purposes: (a) providing for the administration, management and control of its property and business; (h) requiring reports to be made to the association by municipalities or officials of municipalities and by persons liable to assessment under this Act, showing the acreage under crop in each municipality exer- cising the powers provided by section 16, or the crop acreage in respect of which the person report- ing is assessable in each such municipality, the crops growing thereon and the names of the owners and the situation of each such crop, and providing penalties for failure to comply with the terms of the bylaw; (c) providing for the conduct in all particulars of its affairs as may be considered necessary or expedient for carrying out the ]^rovisions of this Act accord- ing to their true intent and meaning. (2) The directors shall possess all the powers of making bylaws hereinbefore conferred upon the association, but no bylaw of the directors shall be contrary to or inconsistent with an unrepealed bylaw of the association, and any bylaw made by the directors may be a-mended or repealed by a bylaw duly passed by the association. 1919-20, e. 30. s. 14, 1752 Cap. 99 MUNICIPAL HAIL INSURANCE auudit and report Municipalities may indemnify lo8era from hail 15. The association shall close its books on or before the last day of February in each year, and immediately there- after have a full and complete audit made of its books, records and accounts by one or more chartered accountants, and on completion of such audit shall prepare and publish a full and complete report of its operations during its last preceding fiscal year. A copy of such report shall be fur- nished to the minister and to the reeve and the secretary treasurer of each municipality under the Act. 1919-20, c. 30, s. 15. POWERS OF MUNICIPALITY. 16 (1) Any municipality may, jointly with other muni- cipalities and subject to the provisions of this Act, under- take the indemnification of owners of crops growing within the area of all such municipalities against loss occasioned by hail. (2) Every municipality other than those above mentioned may be admitted to the benefits and rights conferred by this Act upon such terms as by bylaw the association may direct. 1919-20, c. 30. s. 16. Resolution Bylaw, how submitted Bylaw must be submitted on receipt of petition Provision tor repealmg bvlaw PROCEDURE. 17. — (1) The council of any municipality may, at a regular meeting thm-eof held between the first day of August and the first day of October in any year, resolve to submit to the electors at the next ensuing annual election a bylaw empowering the municipality to engage in the undertaking mentioned in section 16. (2) Such bylaw shall be in form A, shall receive its first and second reading on or prior to the first day of October, and shall be submitted and voted upon at the regular annual election then next ensuing. (3) Upon receipt before the first day of November in any year of a petition to that effect, signed by not less than 25 per centum of the resident ratepayers of the munici- pality, such bylaw shall receive its first and second reading as soon as possible thereafter, and the council shall submit same to be voted upon as hereinbefore provided. (4) Upon receipt, before the first day of November in any year, of a petition to that effect signed by not less than 25' per centum of the resident ratepayers of the municipality, the council shall submit to be voted upon at the then next ensuing annual election a bylaw repealing any bylaw of such municipality passed under the provisions of subsections (1\ (2) and (3) hereof, and of sections 18 to 22. (5) Such repealing bylaw shall be in form B, and shall receive its first and second reading as soon as possible after the receipt of the petition mentioned in subsection (4). MUNICIPAL HAIL INSURANCE Cap. 99 1753 (6) Forthwith after any such bylaw shall have received its second reading, the secretary treasurer shall notify the minister of such action having been taken. (7) Forthwith after the second reading of any such Publication ^ , in 1 1 of proposed bylaw the secretary treasurer shall cause the same to bo bylaw published in two successive issues of a newspaper published in or nearest to the centre of such municipality, or a news- paper circulating in the municipality, together with a notice (form C) ; and such publication shall be completed within a month of the date of such second reading. 1919-20, c. 30. s. 17. 18. For the purpose of taking the votes the secretary Ballots, treasurer shall prepare and procure ballots (form D), and respecting shall supply the deputy returning officer for each polling subdivision within the municipality, when furnishing him with supplies and instructions for such election, with a sufficient number of ballots for all persons who may be entitled to vote upon such bylaw within his polling sub- division, together with three copies of the bylaw, two of which it shall be the duty of the deputy returning officer to post up in conspicuous places in his polling booth, and one of which shall be kept by him for reference. 1919-20, c. 30, s. 18. 19. — (1) The deputy returning officer shall, when deliver- oepujy ^ / 1 • c • • T 02 returning ing ballots to voters for the election oi municipal officers, officer's hand one to each voter entitled to vote upon the bylaw, and shall record in the polling book for such election in a separate column the fact of having done so and of such ballot having been cast. (2) The voting upon such ballot and the essentials to the Voting,^etc.. legal sufficiency thereof, the number of votes cast for and against the bylaw and the statement and returns as to same and as to the result of the voting thereon, shall be in accordance mutatis mutondis with the provisions and for- malities required with respect to the election of municipal officers at such elections. 1919-20, c. 30, s. 19. 20.^(1) The persons entitled to vote upon such bvlaw Voters- ~ -^ ^ -, ..,. ii qualifications shall be all ratepayers of the municipality, except those who . are qualified only in respect of lands within the limits of a hamlet or lands held under grazing lease from the Dominion of Canada. (2) In case of a vote on a repealing bylaw no person shall be entitled to vote who has withdrawn his land from the operation of the bvlaw for the current year as provided in sections 26. 27 and 28. 1919-20, c. 30, s. 20. 1754 Cap. 99 MUNICIPAL HAIL INSURANCE Duties ol ■ecrelary treasurer where bylaw assented to Publication of approval Notification to assoriation 31. — (1) In the tn'ciit of any such bylaw receiving the assent of the majority of the voters voting thereon, the council shall, on or before the tenth day of January next after such voting, finally pass the same, and shall cause the secretary treasurer to prepare, certify and forward to the minister during the same month two copies thereof together with a certified statement by the returning officer of the votes cast for and against. (2) In case the bylaw fails to receive such assent, the secretary treasurer shall, nevertheless, forward to the minister such certified statement on or before the date above men- tioned. 1919-20, c. 80, s. 21. 23. — (1) Upon the publication of the minister's approval of the bylaw in The Saskatchewan Gazette, and not earlier, it shall come into force and be valid and binding to all intents and purposes. (2) The minister shall forthwith cause notification to be given to the association of the publication of his approval of such bylaw, and, in case of a repealing bylaw, of the withdrawal of the municipality from the benefits of tkis Act, and thereafter in case of a repealing bylaw no claims for losses arising within such municipality shall be valid or be recoirnisod bv the association. 1919-20, c. 30, s. 22. liability to ■oaessment ASSESSMENT. 23. — (1) Upon publication in The Saskatcheiuan Gazette of the minister's approval of the bylaw (form A), all persons shall become and be liable to be assessed for a rate of four cents per acre, together with such additional rate, if any, as may be imposed under the provisions of section 24, upon all the lands within the municipality (exclusive of lands within any hamlet therein and lands held under grazing lease from the Dominion of Canada) upon or in respect of any interest in which they are assessable for municipal purposes. (2) The publication of such approval shall constitute a valid and sufficient notice to all persons concerned of their liability to assessment under this Act, and the rates levied in each year thereafter shall be and remain until paid a charge and tax upon such land or upon any interest therein of the party assessed, notwithstanding that the title to such land may be in the Crown or that the lands themselves are otherwise not liable to assessment. (3) Where at any time before the passing of this Act the minister's approval of a bylaw was published in The Saskat- cheivnn Gazette but the secretary treasurer of the munici- pality omitted to publish a notice of such approval, as required by the statute at the time in force, it is hereby MUNICIPAL HAIL INSURANCE Cap. 99 1766 declni-('(l that, notwithstanding such omission, all persons in the municipality shall bo deemed to have become liable to be assessed and to have been assessed by virtue of such bylaw for the special rate and the additional rate, if any, on the first day of May in the year in which such omission took place, in the same manner and to the same extent in all respects as if the said notice had been duly published. 1919-20, c. 30, s. 23. 34. The directors shall fix annually a rate per acre in Directors fix rite addition to the flat rate of fonr cents per acre to be levied on all the land of an owner or occupant under crop in excess of forty acres, such rate to be collected in the same manner as the said flat rate. 1919-20, c. 30, s. 24. 25. — (1) Every person liable to assessment under this Report by Act shall, on or before the first day of June in each' year liable to and subject to the provisions of any bylaw made under ''°'""°'"" clause (h) of subsection (1) of section 14, make a report to the secretary treasurer of the municipality, in a form to be prescribed by the association, giving a legal description of the land in the municipality in respect of which he is assessable, together with the number of acres actually under crop or intended to be put under crop in the current year ; and he shall be bound for purposes of assess- ment and in case of loss by hail by the statements contained in such report. (2) If the assessable person fails to make such report on or before the date mentioned, the secretary treasurer or such other official or officials as the council may appoint shall certify to the best of his or their knowledge and belief the name of the owner, or occupant, the legal description of the land and the number of acres cropped. The owner or occupant shall be bound by the facts as so certified, and the crop acreage in respect of which he is insured shall be the crop acreage so certified. 1919-20, c. 30, s. 25. assessment WITHDKAWALS. 36. — d) Any owner or occupant of land within the withdrawal of . i<^i i-T • lands municipality may, prior to the first day of June m any year, by written notice to the secretary of the association, with- draw from the operation of the bylaw the following lands in respect to which he is liable to assessment, upon satisfy- ing the association and the council that the same are : (a) one or more quarter sections completely inclosed by a substantial fence in good repair of not less than two strands of wire on posts not more than thirty-three feet apart and actually used by him for grazing and hay purposes only ; or 1756 Cap. 99 municipal hail insurance (h) all unpatented quarter section held by him under homestead, pre-emption or purchased homestead entry from the Dominion of Canada, upon which there are less than forty acres under cultivation; or (c) one or more quarter sections with less than forty acres per quarter under cultivation, the remaining portion of which is completely inclosed by a sub- stantial fence in good repair, of not less than two strands of wire on posts not more than thirty-three feet apart, and actually used by him for grazing and hay purposes only. (2) The owner of laud within the nmnicipality not exceeding in area 640 acres may withdraw from the opera- tion of the bylaw by written notice to the secretary of the association, prior to the first day of June in any year, upon satisfying the association and the council that not less than twenty-five per cent, of the said land is under cultivation. (3) The owner of land within the municipality exceed- ing in area 640 acres may withdraw from the operation of the bylaw by written notice to the secretary of the associa- tion, prior to the first day of June in any year, upon satisfy- ing the association and the council that not less than fifty per cent, of the said land is under cultivation. 1919-20, I c. 30, s. 26. Consideration 21. — (1) Tlio Secretary of the association shall, immedi- of IlOtlCGS *^ of withdrawal ately after the first day of June, transmit to the secretary treasurer of the municipality a list of all notices of with- drawal affecting the said municipality together with par- ticulars of same, and the council shall, during the said m^onth of June, consider each such notice and shall, if satisfied that the land specified therein may properly be withdrawn under the provisions of section 26, approve the withdrawal. (2) Forthwith after such action of the council and before the first day of July, the secretary treasurer shall prepare and forward to the association a detailed statement, verified by statutory declaration, of all the lands, the withdrawal of which has not been approved by the council. (3) All withdrawals shall be subject to review by the board of directors of the association, and, if the board decide that any withdrawal has been improperly made, it may order that the withdrawal be cancelled and that the rate or rates be levied against such land ; and, upon receipt by the secre- tary treasurer of a notice from the board to that effect, the secretary treasurer shall cancel the said withdrawal. ('4) Any land withdrawn from the operation of the bylaw under section 26, shall remain withdrawn for a period of at least one year and until, upon the written application of the MUNICIPAL HAIL INSURANCE Cap. 99 1757 owner or occupant to the secretary of the association, the board directs that such land be again brought under the operation of the bylaw and notifies the secretary treasurer of the municipality of the terms and conditions upon which the application is granted, which reasonable terms and con- ditions the board is hereby authorised to impose ; and during the period of withdrawal the land shall be exempt from rates levied under this Act. 1919-20, c. 30, s. 27. de- 28. When any crop insured under this Act is destroyed f/ro^.^ in any other manner than by hail, the owner or occupant of ^j^^"^" the land on which such crop was grown may, by sending i^^'' . notice by registered letter addressed to the secretary of the association at his office in Kegina not later than the twentieth day of July, giving the location of the crop and furnishing proof satisfactory to the board of directors of such destruc- tion, withdraw such crop from the operation of the bylaw for the current year, and in that case he shall be entitled to a proportionate rebate in respect of the rates payable for crop so withdrawn as provided in the bylaw of the associa- tion in that behalf: Provided, however, that no rebate shall be granted for any portion of the crop that may be harvested. 1919-20, c. 30, s. 28. COLLECTION OF RATES. 29 (1) The secretary treasurer of the municipality A^sessmet.t shall cause to be entered upon the assessment roll of the tion of ratea municipality for the current year, against all lands and interests in lands within the municipality not withdrawn as provided by sections 26, 27 and 28 and relieved from assess- ment, and against the persons to be assessed in respect thereof, the rates for the then current year, for raising a fund to carry out the purposes of the bylaw and the provi- sions of this Act. (2) Such rates shall be collected in the same manner as municipal taxes are collected, and shall if unpaid when due be recoverable in all respects as municipal taxes on land are recoverable; and, with respect to the collection thereof, the municipal officers from time to time charged with the collec- tion of the municipal taxes shall have the same powers and be subject to the same duties as with respect to the collection and recovery of municipal taxes within the municipality. (3) In the event of any such rate remaining unpaid aftei the thirty-first day of October in the year in which they are levied, there shall be added thereto by way of penalty the sum of one dollar for every quarter section of land or portion thereof with respect to which such rates then remain unpaid. (4) In the event of any such rate remaining unpaid after the thirtv-first dav of December of the year in which the 1758 Cap. 99 MUNICIPAL HAIL INSURANCE Transmissiion to association of statement of lands assessable Transmission of amount assessed Bank account Remuneration to munici- pality same was levied, there shall be added thereto by way of penalty a sum equal to eight per cent, of the arrears; and upon the expiry of each succeeding year during which the whole or any portion of the combined amount of rate and penalty remains unpaid, an additional sum equal to eight per cent, of the arrears shall be added thereto. 1919-20, c. 30, s. 29. 30.^ — (1) The secretary treasurer shall, on or before the hfteenth day of June in each year in which any rate assessed under the authority of this Act becomes payable, forward to the secretary of the association a statement in the form pre- scribed, verified by statutory declaration, showing the full area of all lands in any way assessable within such munici- pality for the purposes of this Act. (2) The secretary treasurer shall, on or before the first day of ISTovember in each year, remit to the secretary of the association the total amount of such rates according as the same have been or should have been assessed for such year : Provided that, with the written consent of the board previously obtained, the secretary treasurer may withhold from such remittance the total amount of the rates levied upon land title to which is in doubt or with respect to which the right of the municipality to assess is in dispute. (3) In case of the punctual payment to the association on or before the said first day of ISTovember in any year of the total amount of such rates as assessed for the year, the municipality may retain the full amount of all penalties imposed under this Act ; otherwise the same shall be paid over to the association along with the rates or the balance thereof as remitted from time to time. 1919-20, c. 30, s. 30. 31. In the event of the secretary treasurer being unable to remit the full amount of such rates as provided by sub- section (2) of section 30, he shall immediately after the date fixed for such payment open a separate bank account to be termed "The Hail Insurance Trust Account," to which all hail insurance levies and penalties then collected shall be transferred and into which such levies and penalties there- after collected shall be paid. He shall also forthwith remit to the secretary of the association all moneys so transferred, and shall, from time to time, remit moneys paid in, as directed by the association. 1919-20, c. 30, s. 31. 33. The association shall allow to the municipality out of the moneys received from it such remuneration for services rendered as shall be fixed annually by the board of directors. 1919-20. c, 30. s. 32. Interest on 33. jj^ g^gg Qf pg^gs Jevicd for any year precedinc; the arrears _ ^ j ^ r ^ ^ .•-" _ year 1920, and penalties imposed thereon,, remaining unpaid, MUNICIPAL HAIL INSURANCE Cap. 99 1759 the municipality in default shall pay to the association interest at the rate of eight per centum per annum upon the amount of the arrears. 1010-20. c, 30, s. 33. CI-AIMS FOR DAMAGE. 34. — (1) The owner of a crop or portion thereof upon Notice of /• •! 1 l,-/V damage hind assessed and liable for rates imposed under this Act who, between the sixteenth day of June and the fifteenth day of September, both days inclusive, in any year in which such land is so assessed, suffers loss through damage by hail to the standing crop on such land, of which he is the owner or tenant or the representative of either, shall, within three days of such damage being sustained, give notice thereof to the secretary of the association by registered letter addressed to him at Regina. (2) Such notice shall state: (a) the number of acres damaged; (h) the percentage of damage done; (c) the claimant's interest, if any, in the crop; (d) the interest, if any, of any other person in the said crop ; (e) the name of the person responsible for payment of the hail insurance rates on the said land; (/) the section, township and range in which the claim- ant resides, and his usual post office address ; and shall be witnessed and verified by a neighbour. (3) In case such claimant does not reside within two j (,,,., ^io^of miles of the crop in respect to which the claim is being made, re^^e^en^utive such notice shall contain the name, section, township and range of some person residing within two miles of such crop, who shall be recognised by the inspector as the representative of such claimant for this purpose. 1919-20, c. 30, s. 34. 35. The secretary of the association upon receipt of any inspector to claim of loss, shall deliver or forward the same to an inspec- ^.fai[^* "^""^ tor, who shall inquire into such claim, estimate the loss, and transmit a written report to the secretary of the associa- tion. 1919-20, c. 30, s. 35. ■ PAYMENT OF CLAIM. 36. — (1) Each claimant shall be entitled to receive outi;.iteand Vifims of of the said fund indemnity of not more than five cents per fixing acre for every one per centum of damage which the board ^^ ^""'^^ may decide that he has sustained by hail over or upon his area of injured crop: Provided that no claimant shall be entitled to indemnity under this Act for any damage less than five per centum of the crop upon such hailed area at the time of damage; 1760 Cap. 99 MUNICIPAL HAIL INSURANCE Amounts paid and factors deterraituDg Provided also that damage from hail throughout the same season and upon the same area shall be treated as cumulative. (2) In all cases where the loss or damage by hail is less than five per cent, of the crop upon such hailed area at the time of damage the cost of inspection shall be paid by the claimant, and the amount of such costs shall be added to the rates imposed under this Act upon request of the secretary of the association. 1919-20, c. 30, s. 36. 3T. — (1) Subject as herein provided all losses of which the association has had legal notice under the provisions of section 31- shall be paid by it before the fifteenth day of December in each year, but in the event of its total actual and estimated revenues not being considered by the associa- tion to be sufficient to pay all losses in full, the same shall be paid pro rata. (2) In the payment of losses by the association, whether ill full or pro rata, priority shall be given to losses arising ill municipalities which have discharged their indebtedness to the association in full on or before ISTovember 1 in the then current year, and the association may make such regula- tions as it deems equitable for the payment of losses arising in other municipalities under the Act. (3) The secretary of the association shall, if requested so to do by any municipality, retain out of the moneys so payable the amount owing by way of rates upon each quarter section of land with respect to which such moneys are payable, and shall remit such moneys so retained to the secretary treasurer of the municipality to be credited by him upon the said rates. 1919-20, c. 30, s. 37. Municipality's liability for monej's collected a debt to the association Claims within municipality in default deprived of right to rank GENERAL. 38. — (1) All moneys to be collected by any municipality under the authority of this Act and of any such bylaw shall be a debt due by such municipality to the association, and may be recovered by it by action in any court of competent jurisdiction in the province. (2) In case any municipality shall make default in the payment of any moneys payable by it to the association under the provisions of section 30, before the date fixed for the final adjustment and payment of losses as aforesaid, the association may apportion, pay out and apply all moneys otherwise received by it hereunder to satisfy and discharge all claims incurred within the limits of the municipalities, other than the municipality so in default, which may be entitled to the benefits of the indemnity herein provided, and may pay such claims in full without regard to claims which may have arisen within the limits of the defaulting munici- pality. 1919-20, c. 30, s. 38. MUNICIPAL HAIL INSURANCE Cap. 99 1761 39 (1) The council of any municipality may ^p^'^'O^ g3^|j,\ from any person, bank or corporation, upon its promissory powers note, signed by the reeve and the secretary treasurer and secured by any portion of such rates and any penalties thereon from time to time remaining unpaid, such sums of money as may be required to enable it to pay in full to the association the amount of the rates assessed within such municipality under such bylaw during the then current year, and may renew any such note from time to time. (2) The securing of any such loan by any municipality shall not limit or "impair its borowing powers under any Act or law fixing or limiting the same. 1919-20, c. 30, s. 39. 40. The adjudication of the association upon all claims Association^a for indemnity sent to it under this Act shall be determined upon the report of the inspector thereon ; but the association may require such further reports and evidence in consider- May jequir. ing\ny such claim as it may see fit, and the adjudication of evidence the board upon each such claim and upon its apportionment among claimants shall be final. 1919-20, c. 30, s. 40. 41. The costs and expenses of and in relation to the Costs of inspection and adjudication of all claims for indemnity how borne under this Act shall be such as the association may tax and allow, and shall, together with the allowance to and the expenses of the association and its officers, be paid out of the funds in the hands of the association under this Act. 1919- 20, c. 30, s. 41. 43. In the event of any municipality being in arrears to f^"g^P^„f^°f^;°, the association for an amount equal to two years' assessment, the directors may suspend the operation of sections 23, 34, 35 and 36 with respect to such municipality. Notice of such suspension shall be given to the secretary treasurer of such municipality and published in The Saskatchewan Gazette and in the newspaper published nearest to the centre of the municipality on or before the first day of March in such year. 1919-20, c. 30, s. 42. 43. Any secretary treasurer or other officer or person who ^egi'ot ^^ refuses or wilfully neglects to perform any duty required of him by this Act or any bylaw of the association 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 guilty of an offence and liable, upon summary con- viction, to a fine of not less than $10 nor more than $100. 1919-20, c. 30, s. 43. 44. Anv municipality which refuses or neglects to trans- failure to "J ir J ^ e 1 ^ n ^ transmit mit to the association any report on or beiore the day fixed report 1762 Cap. 99 MUNICIPAL HAIL INSURANCE Extension of time for performance of Acts Exemption from garnishment When rights under Act cease Loans guaranteed by the province by bylaw of the association for the transmission thereof, shall, for every such neglect or refusal, be liable to a penalty of $1 for every day during which the default continues. Such penalty may be deducted from any remuneration that may be due the municipality under section 32. 1919-20, c. 30, s. 44. 45. — (1) If anything required 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. (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 this Act. 1919-20, c. 30, s. 45. 46. Moneys due as indemnity to claimants under this Act shall be exempt from garnishment or attachment and incapable of being assigned. 1919-20, c. 30, s. 46. 47. The right to be indemnified for loss by hail, to which the owner of a crop may be entitled under the provisions of this Act, shall cease when the grain is cut or harvested or wholly destroyed by any agency other than hail. 1919-20, c. 30, s. 47. 48. — (1) For the purpose of enabling the association to make fidl use of its assets in meeting claims accruing against it in any year, irrespective of the amount of its collections, the Lieutenant Governor in Council may enter into agree- ments with the association and with persons lending money to it, guaranteeing repayment of the sums advanced, either originally or upon renewal with interest. (2) Such advances may be by way of continued and repeated transactions. (3) The agreements may provide such terms and condi- tions, with regard to all or any of such advances, including extensions of time to the association and freedom of the lender from responsibility for the securities, as may be set forth in the orders in council authorising the same. (4) The association may secure the province against loss through a guarantee in such manner and form as the Lieu- tenant Governor in Council may approve. (5) Agreements may be signed on behalf of the province by the Provincial Treasurer or such other officer as may be from time to time designated by the Lieutenant Governor in Council for the purpose; and when an agreement is so signed the province shall become liable for payment of the principal and interest thereby secured. MrXini'AL HAIL INSURANCE Cap. 99 1763 (6) Every agi-eeniont so signed and purporting to be made hereunder shall be conclusive evidence in favour of the lender as against the Crown and the association that the terms of this Act with respect thereto have been complied with, that the obligations therein set forth are valid and binding obligations of the Crown and the association, and that the terms and conditions therein contained are authorised by this Act. 1919-20, c. 30, s. 48. SCHEDULE. FORM A. (Section 17 (2) ) Bylaw No. of the Rural Municipality of No. A bylaw to authorise this municipality to join with other municipalities to indemnify owners of crops within their limits from loss occasioned by hail. Under the authority of The Municipal Hail Insurance Act, the council of The Rural Municipality of No. enacts as follows: 1. This municipality shall, subject to the provisions of the said Act, jointly with other municipalities undertake the indemnification of owners of crops growing within the area of such municipalities against loss occasioned by hail. Read a first time this day of 19 Read a second time this day of 19 . Read a third time after having received the assent of the electors thereto and finally passed at this day of 19 . Beeve. [seal] Secretary treasurer. FORM B. (Section 17 (5) ) Bylaw No. of the Rural Municipalifv of No. A bylaw to repeal a bylaw authorising this municipality to join with other municipalities to indemnify owners of crops within their limits from loss occasioned by hail. 1764 Cap. 99 municipal hail insurance Under the authority of The Municipal Hail Insurance Act, the council of The Rural Municipality of N"o. enacts as follows: 1. A bylaw authorising this municipality to join with other municipalities to indemnify owners of crops within their limits from loss occasioned by hail, which bylaw was read a third time after having received the assent of the electors and finally passed at the day of 19 , is hereby repealed. Read a first time this day of 19 Read a second time this day of 19 Read a third time after having received the assent of the electors thereto and finally passed at this . day of 19 . Reeve. [seal] Secretary treasurer. FORM C. {Section 11 (7) ) Notice to Electors. The above is a true copy of a proposed bylaw No. which has been taken into consideration by the council of The Rural Municipality of No. and which in the event of the assent of the electors being obtained thereto will be finally passed on or before the tenth day of January, 19 . And notice is hereby given that a vote of. the electors entitled to vote thereon will be taken upon said bylaw at the next ensuing annual elections of this municipality to be held on the day of 19 , between the hours of 9 a.m. and 5 p.m. (mountain standard time) and at the polling places fixed for such election. And take notice further that I will at on the day of 19 , at o'clock .m. sum up the votes upon said bylaw and declare the result of the vote thereon. Given under my hand at this dav of 19 . Secretary treasurer. MUNICIPAL HAIL INSURANCE Cap. 99 FORM D. (Section 18) 1765 ^?S ^ S ?< PRO For ting itte IM £ ^ ^ Hail Insurance S «-^ td ^ p . ^ 1 < Tl 1— . fTT- ,— . I ( aw N( he C ity of \ \ ^ O ■^ Against - "P 2. -H 1— I 1 ■5 Hail Insurance ; Z3 o 1 IS c+ 1—' CO < • ■D CD « CHAPTER 100. An Act to enable Municipalities to borrow Money for Seed Grain Distribution H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title Interpre- tation "Municipal- ity" " Minister' ' 1. This Act may be cited as The Municipalities Seed Grain Act. 1917 (sess. 2), c. 47, s. 1. 3. In this Act unless the context otherwise requires, the expression : - ' 1. "Municipality" means a rural municipality; 2, "Minister" means the Minister of Municipal Affairs. 1917 (sess. 2), c. 47, s. 2. Municipality 3. — (]) Auv municipality may borrow such sum as shall may borrow •^. •^ t • ^ ^ i • j. to make seed appear to its couucil to DC required to supply seed gram to grain advances .'^ '- . . i> -t c J_^ ^ to farmers farmers who, owing to lailure oi crops or other adverse conditions, miiy be unable to procure the same for the then next ensuing spring seeding season; and may repay such sum to the lender, together with interest at such rate not exceeding S per cent, per annum and at such time, subject as hereinafter mentioned, as shall be agreed upon between it and the lender. (2) Such loan shall not limit or control the borrowing powers of the municipality under any other statute in force relating thereto. 1917 (sess. 2), c. 47, s. 3. Loans up to two thousand dollars 4. In case the sum required does not exceed two thousand dollars, the money may be raised under the authority of a resolution of council which shall regulate the amount to be hoiTowod nud the rnto of interest to bo paid. 1917 fsess. 2),. ('. 47, s. 4. Bylaw 5. n) Except as in section 4 provided, no such loan shall bo nvido except in pursuance of a bvlaw authorising the mnnicipalitv to borrow for the above purpose such sums as mav from time to time be deemed necessary, upon the security of its promissory note. (2) Every snch bvlaw shall, before the final passing thereof, be submitted to the electors, and shall if a poll is demanded be voted npon on snch day as the council may fix therefor, and shall ronniro the assent of a majority of the electors voting thereon. (3) The proceediuGfs npon such submission and voting- shall bo the same mufafis mnfandis as are provided in SEED GRAIN Cap. 100 * 1767 sections 207, 208 and 210 to 216 of The Rural Municipality Act, save that no application or reference to the Local Govern- ment Board shall be necessary, and, subject to this exception, all the provisions in The Rural Municipality Act relating to bylaws and the passing and approval thereof and to any i-ight, remedy, action, proceeding, matter or thing which may be claimed, prosecuted, taken or done in relation to bylaws under the said Act, or to anything done thereunder or against any person in connection therewith, shall apply mutatis mutandis to any bylaw passed or purporting to be passed under the authority of this Act. 1917 (sess. 2), c. 47, s, 5. 6. Every such bylaw shall be in form A, and the notice Proviso as to electors and notice of poll which may be required to be ° °^"^ given in relation thereto shall be in forms B and C respec- tively. 1917 (sess. 2), c. 47, s. 6. 7. Upon any such bylaw receiving the approval of the Effect of minister, such approval shall be conclusive evidence that the approval^ municipality has been legally constituted and had power to °^ ^'•''''** pass the bylaw, that such bylaw is valid and binding upon the municipality and that promissory notes given by the municipality for moneys borrowed under the authority thereof are a good and indefeasible security in the hands of hona fide holders, and the sums payable thereunder a vnlifl debt of the municipality. 1919-20, c. 31, s. 1. 8. Promissory notes given by a municipality for moneys Formalities borrowed under the authority of a bylaw passed in pursuance note" given of this Act shall be signed by the reeve and secretary treas- dpaTity'' urer, and shall be made payable at a date not later than the thirty-first day of December next after the making thereof, and may from time to time be renewed for a further period not exceedino; in all one year from the said date. 1917 (sess. 2), c. 47, s. 8. 9. Moneys borrowed by a municipality under the authority separate of this Act shall be held by the council and by the secretary kept treasurer thereof as a separate fund distinct from all other funds of the municipality, and the council shall cause to be kept by the secretary treasurer a separate and distinct account of such moneys. 1017 fsess. 2_), c. 47. s. 9. 10. — (1) A municipality which has borrowed money undoT Borrowed this Act shall from time to time expend it in the purchase experided and distribution of seed grain to be su]>plied to such farmers therein resident as may be unable to purchase the same without assistance and as have become unable to do so by reason of failure of crops or other adverse conditions ; but the muuicipalitv shall not advance a quantity of seed grain 1768 Cap. 100 SEED GRAIN Seed grain distributed by council or.appointee Price of greater value than $250 in respect of any one quarter section, nor so that a sum. in excess of $250 shall stand as a charge for seed grain advances in respect of any one quarter section at any time, nor, except in the case of school lands, for sowing upon lands the patent whereof has not issued from the Crown, (2) Notwithstanding anything in subsection (1) con- tained, where an advance of grain was made in any previous year and there remains of the price of such grain an unpaid balance, a fresh advance may be made in respect of the same land not exceeding $250 in value, but in no case shall the amount of such fresh advance, together with such unpaid balance, exceed in the aggregate $600. 1917 (sess. 2), c. 47, s. 10; 1918-19, c. 42, s. 2; 1919-20, c. 31, s. 3. 11. In no case shall money be advanced out of the said fund, either in lieu of seed grain or in addition thereto, the intention of this Act being that the purchase of all seed grain hereunder and the distribution thereof shall be made entirely by the council of the municipality or by such persons as may be appointed by resolution of the council, and in the manner appearing to them best calculated to carry out the purposes of the Act. 1917 (sess. 2), c, 47, s. 11. 13. The price to be charged by the municipality to pur- chasers of seed grain shall be such amount as shall be deemed fairly sufficient to cover the cost of the grain and the expenses entailed by the purchase and distribution thereof, and no more. 1917 (sess. 2), c. 47, s. 12, Municipality takes notes for seed grain advances Agreement for lien Registration 13. A municipality supplying seed grain under the authority of this Act shall forthwith take from the pur- chaser his promissory note or notes for the selling price of the grain supplied, and said notes shall bear interest at the rate payable by the municipality upon the amount bor- rowed by it under the Act, and shall be made payable upon demand at the office of the secretary treasurer of the mimici- pality. 1917 (sess. 2), c. 47, s. 13. 14. — (1) The secretary treasurer shall also take from the purchaser, at the time of signing the demand note, a written agreement for a lien in favour of the municipality upon all crops to be grown, during the year in which the note is given and the succeeding year, upon the land named in his application. (2) The secretary treasurer shall cause each such lien agreement to be duly registered within thirty days of its date, with the registration clerk for chattel mortgages in the registration district in which the land so named is situated in the manner provided by The Conditional Sales Act: SEED GRAIN Cap. 100 1769 Provided, however, that the affidavit mentioned in sub- s<3ction (3) of section 3 of the said Act shall not be required to accompany such lien agreement, nor shall any fees be payable in respect of the registration thereof. (3) The council shall, not later than September first in each year, appoint a collector, who may be the secretary treasurer, to collect accounts outstanding under this Act. (4) Any person who, while such note remains wholly orsaieof in part unpaid, with intent to prevent the enforcement of nofe^unpaw such lien, either by himself or through his servant or affent, sells, ships, or otherwise disposes of the grain covered thereby, except as the property and for the account of the munici- pality, shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding $100, exclu- sive of costs, to which shall be added the amount remaining unpaid upon the note ; and, in default of payment forthwith after conviction, the person convicted may be imprisoned for a term not exceeding one year unless such penalty and additional sum with costs, including the costs of the com- mittal and of conveying such person to gaol, are sooner paid. (5) The agreement for a lien mentioned in subsection (1) shall create a charge upon the crops covered thereby, enforce- able by seizure and sale thereof. Such charge shall not be affected by any execution in the sheriff's hands at the time of registration of the lien agreement or by any incumbrance whenever created except mortgages or incumbrances given as security for seed grain or for meat, groceries, flour, clothing or binder twine or seed grain advances previously made under any seed grain advances Act. 1917 (sess. 2), e. 47, s. 14; 1918-19, c. 42^ s. 3; 1919-20, c. 31, s. 4. 15 (1) Any sum which may be owing to a munici- Sums due pality upon a promissory note given in payment of an grainldvances advance of seed grain under the provisions of this Act shall, uponlind from the time of the advance for which such note was o-iven, be a charge upon the land upon which such seed grain was, according to the application or promissory note given there- for, intended to be sown, and the municipality shall lodge a caveat for the protection of such charge in the proper land titles ofiice. (2) Such charge shall have precedence over all other incumbrances against the land except taxes and sums which may by law be charged against the hind in the same manner as taxes, and first mortgages, whether they are first mort- gages at the time when the charge is created or lodged or become so by the discharge of previous mortgages. 1917 (sess. 2), e. 47, s. 15. 1770 Cap. 100 SEED GRAIN Secretary treasurer shall keep a lust of all landtj charged on 16. — (1) The secretary treasurer shall enter up, in a list to be kept by him for the purpose, all seed grain advances as they are from time to time made, together with the names of the applicants and the lands upon which according to the application such seed grain was to be sown, the promis- sory notes and seed grain liens taken therefor, and all pay- ments made thereon. (2) No application for seed grain by a tenant or occupant who is not the owner of the land shall be granted unless the application is approved in writing by the registered ovsTier of tlie land. (3) Where the approval of tlie registered owner is refused or cannot be obtained, or where the lands are school lands held under agreement of purchase from the Dominion Government, the municipality may nevertheless make an advance of seed gi-ain to any tenant or occupant of land, but in such case the amount to be advanced shall not be a charge against the land. 1917 (sess. 2), c. 47, s. 16; 1919-20,%. 31, s. 5. Improper disposal of seed grain advanced Penalty for improper borrowing or misapplica- tion of moneys 17. — (1) Any person who with intent to defraud obtains seed grain from a municipality under the provisions of this Act, or disposes of seed grain so obtained for any purpose other than seeding purposes as specified in his application, shall be guilty of an offence and liable upon summary con- viction to a penalty not exceeding $100 and in default of payment thereof to imprisonment for a term not exceeding three months. (2) ISTo prosecution under this section shall be entertained save upon the information of some person duly authorised by resolution of the council to lay such information. 1917 (sess. 2), c. 47, s. 17. 18. Any member of the council of a municipality or any officer thereof who shall vote for or knowingly permit the improper borrowing or misapplication of moneys received under the authority of this Act, or the misapplication of seed grain purchased thereunder, shall be liable upon sum- mary conviction to a penalty not exceedins: $100 or less than $20 and in default of payment forthwith after convic- tion to imprisonment for a term not exceeding two calendar months. 1917 (sess. 2), c. 47, s. 18. Return of loans 19. The secretary treasurer of each municipality advanc- ing monev in any vear under the authority of this Act shall, on or before the first day of August in each such year, prepare and forward to the minister a return showinir the names of all persons to whom advance? have so been made and the ammints thereof. 1917 (sess. 2\ c. 47. s. 19. SEED GKAiiS Cap. lOO 1771 '^0. 'I'lio Lieutenant (jovernor in ('(luiicil may, upon the Guarantees application of any municipality and upon such terms and conditions as lie may deem advisable, guarantee the repay- ment of moneys borrowed or to be borrowed by it pursuant to and under the authority of this Act and of a bylaw duly passed thereunder, together with the interest accruing thereon. 1017 (sess. 2), c. 47, s. 20. 31 — (1) Any munici])ality may borrow such sum as Municipality shall appear to the council to be required to supply feed to supply to farmers in such ninnicipality who, owing to failure offlrmera crops or other advc^-sc ronditions, may be unable to procure the same. (2) In case the sum required does not exceed $2,000, the money may be raised under the authority of a resolution of council which shall regulate the amount to be borrowed and the rate of interest to be paid. (3) Save as is hereafter mentioned the provisions of this Act with regard to seed grain loans and the securities given therefor, bylaws, the expenditure of the sums borrowed, the distribution of relief, securities taken by the municipality for the seed grain supplied, remedies for enforcing repay- ment and all other matters in connection therewith, shall apply mufatifi mutandis to such loans. (4) The total amount advanced for feed to any one applicant slmll not exceed $75 for each quarter section which the ajiplicant iii1cnale Adjournment ior want of bidders Parcels assessed together SALE OF LANDS FOR TAXES. 14. At the place and time appointed for the sale, if the arrears of taxes and costs have not been previously paid or collected, the treasurer shall offer the land for sale by public auction, and in doing so he shall make and declare the amount stated in the list or advertisement as the arrears of taxes due, together with the costs, and shall then sell the same to the highest bidder or to such person as shall be will- ing to take it, there being no higher bidder, but subject to redemption as hereinafter provided for; and the amount of arrears of taxes stated in the advertisement shall in all cases be held to be the correct amount due. 1915, c. 21, s. 14. 15. The treasurer may adjourn the sale, from time to time, but no such adjournment shall be for a period exceed- ing fifteen days nor to a date later than the first day of December. 1915, c. 21. s. 15 1916, c. 23, s. 8. 16. When two or more parcels of land have been assessed together, the same taay be advertised and sold together ; but the owner of any such parcel may redeem the same within the time hereinafter provided, upon payment of a propor- tionate part of the taxes and charges for which the said parcels were sold, together with a proportionate part of the interest or penalty required to be paid on the redemption of same. 1915, c. 21, s. 16. Land offered in lota or parcels Different persons own- ing portions of one lot IT. The treasurer mav offer the said land for sale in legal subdivisions or in different lots or parcels, but, subject to the provisions hereinafter contained, no such lot or parcel shall be less than a single lot according to a plan nor less than a legal subdivision according to the Dominion Government survey. 1916, c. 23, s. 9. ^ 18.— (1) In any case in which land liable to be sold for taxes has been subdivided so that different persons are the owners of different portions of a single lot, legal subdivision or quarter section, the treasurer may offer the said lands for sale in accordance with the divisions of the same which represent the actual ownership, so that the land of each separate owner shall be separately offered for sale. (2) The assessor shall, on the application of the treasurer or by or on behalf of the owner of any part of the land, apportion the taxes due in respect thereof, and determine the amount chargeable against each part separately owned. ARREARS OF TAXES Cap. 103 1785 (3) Notice of such apportionment shall be given in the same manner as notice of an assessment, and any of the parties interested may appeal to the court of revision against the decision of the assessor. (4) The proceedings upon such appeal, and the duties and powers of the court of revision, of the assessor and of the clerk, shall be the same as nearly as may be, as in the case of appeals against assessments. (5) There shall be no appeal from the decision of the court of revision, but the treasurer shall offer the land of each separate owner for sale at the amount of the arrears as apportioned and thereto assigned, together with costs. (6) Payment of the sum so apportioned, with costs, shall be a satisfaction of the arrears due upon the parcel of land to which it is assigned, and for all purposes such sum shall be taken to be the arrears due in respect thereof. 1915, c. 21, s. 18; 1917, c. 17, s. 8. 19. When a single lot or parcel of land is owned by Lots owned f rp • -I 1 • , , i • in separate diiiereut parties and assessed m separate parts or portions, parcels each such separate part or portion, may be sold for the taxes in arrear thereon respectively. 1915, c. 21, s. 19. 20. If the land when put up for sale, will not sell for the saies for -» 11 less than full amount of arrears of taxes and costs, the treasurer may amount due then and there sell for any sum he can realise, and shall, in such case, accept such sum as full payment of such arrears of taxes and costs; but the owner of any land so sold shall not be at liberty to redeem the same except upon payment to the treasurer of the full amount of arrears of taxes and costs, together with the additional penalties for redemption ; and, in the event of redemption as aforesaid, the purchaser shall be entitled to receive from the treasurer the amount of his purchase money and taxes paid by him, with the addi- tional penalties thereon, as provided in section 37. 1915, c. 21, s. 20. 31. — (1) The municipality in which lands put up for Municipality sale are situated may, at such sale, bid up to the amount due certificates thereon for arrears of taxes and costs, and may through the mayor or reeve or any member of the council duly authorised by the council so to bid, become the purchaser thereof or of any number of lots or parcels advertised for sale. (2) If such bids be accepted and the municipality declared the purchaser, it shall not be necessary for any pay- ment of the purchase money to be made, and in such case a certificate of sale shall be issued to the municipality by the treasurer, and, so far as may be, the provisions of this Act with reference to redemption shall apply to such sales. 1786 Cap. 103 arrears of taxes (3) The school tax due at the time of the tax sale or levied subsequently upon lands sold to a municipality shall form a charge against the same until the amount has been paid over by the municipality to the school district in which the lands lie, and no certificate of title shall be issued for such lands until a certificate that such payment has been made, signed by the secretary treasurer of the school district and a certificate of the Provincial Treasurer that all supple- mentary revenue and all public revenue taxes have been paid, are filed with the registrar. (4) The municipality may at any time sell and transfer tax sale certificates. 1915, c. 21, s. 21; 1916, c. 23, s. 10; 1918-19, c. 39, s. 2. £Sftax"J* 2^ — (1) The council of a municipality may at any time declare by resolution that it is in a position to apply for title to the lands enumerated in the resolution, but that it is unable to pay the school taxes due upon such lands, and that it intends to apply to the Local Government Board for authority to issue debentures for the purpose of providing for such taxes. (2) On presentation to the registrar of land titles for the land registration district in which the municipality lies of a copy of such resolution certified by the clerk, the registrar may issue title to the municipality for the lands named therein without requiring production of the certificate of payment of school taxes referred to in this Act, but in such case the municipality shall remain indebted to the school district for the taxes referred to in this section. (3) The council shall by a bylaw, which need not be referred to the burgesses but which shall be passed within two months of the date upon which title is obtained as in subsection (2) mentioned, capitalise the amount of the arrears of taxes, penalties and costs and subsequent taxes which have accrued against the lands or any portion of the ► lands to which it has acquired title under tax sale proceed- ings, giving in the bylaw a list of the lands intended to be covered thereby, together with the taxes, penalties and costs chargeable against each lot or parcel, and shall, on obtaining the permission of the Local Government Board for the pur- pose, issue and offer for sale debentures to the amount authorised. (4) On disposal of debentures as authorised by the Local Government Board, the council shall apply the proceeds in payment of the taxes accumulated against the lands mentioned in the bylaw, and should there be any deficiency shall meet the same from the general revenues of the municipality. (5) On sale of any of the lands specified, the proceeds shall be paid into a special account, from the interest earn- ARREARS OF TAXES Cap. 103 1787 ings of which shall be paid such sums as are required from time to time to meet interest on the debentures, and from the principal such sums as are required to meet portions of the principal of the debentures as they may accrue due : Provided that in the case of cities and towns, the funds in such special account shall be invested in securities in which the sinkino- fund of the municipality may be invested, and that from the principal of the fund such sums shall be paid from time to time as are required to provide a sinking fund where the debentures are on the sinking fund plan. 1918-19, c. 39, s. 3. 33 (1) In all cases when it appears to the council that, ^jf^^Xoid through an error, mistake or misdescription, or any other in error cause, lands have been improperly sold for taxes and penal- ties, the treasurer shall, on resolution of the council, redeem the same. (2) Such redemption by the treasurer shall have the effect of restoring the said lands, including their liability to taxes, to the position in which the same stood before being placed on the list for sale. (3) When the municipality has neglected to apply for title within the time limited therefor, the registrar may grant an extension of time not exceeding one year for such purpose if satisfied upon affidavit of the treasurer or other municipal official knowing the facts, that the case is a proper one for such extension. 1915, c. 21, s. 22: 1918-19, c. 39, s. 4. 34. Until the time for redemption as herein provided has ^^anda^ elapsed, the land so purchased by the municipality shall against former continue liable to assessment and taxation in the name of ti^Tfor, the former owner as if the same had not been so purchased, exp!^*'°° but it shall not be necessary to resell such land at any subse- quent tax sale which may take place before the land has been redeemed or title thereto obtained, provided the municipal- ity has not transferred the tax sale certificate. 1915, c. 21, s. 23; 1917 (sess. 2), c. 55, s. 3. 35. — d) The municipality may also, after lands so pur- Municipality V/ ^•',.*^.t' , n may lease chased by it have become vested m it, lease the same or sell or sein^ds and convey them by instrument under the seal of the muni- cipality signed by the clerk and the head of the council, or by such other persons as may be authorised by the council so to sign ; and the proceeds shall form part of its municipal funds, and the municipality shall not be compelled to account to the former owner of the land for any sum thuS^t^aSsed. (2) None of the provisions of Tlie CUy Ad, The Town Act, The Village Act or The Rural Municipality Act as to the selling of lands by municipalities, shall apply to lands 1788 Cap. 103 ARREARS OF TAXES SO acquired; but all such lands, before being sold by the municipality, shall be offered for sale in parcels by public iiuction, of which sale three weeks' notice shall be given in some newspaper published in or near the municipality in which the lands are situate, and if, at such sale, a sufficient sum is not bid for each parcel so offered for sale to cover the amount claimed to be due to the municipality thereon, the municipality may then effect a private sale of the land, either in bulk or in parcels, for the best price obtainable. (3) In the case of either public or private sale, the land may be sold on such terms as to the municipality may seem proper, provided that at least one-third of the purchase price be paid in cash. (4) ^Notwithstanding anything contained in subsec- tions (2) and (3), the municipality may, without offering the land for sale by public auction, sell the same or any parcel thereof by tender provided that at least three weeks previous notice of the date up to which tenders will be received is given in some newspaper published in or near the municipal- ity in which the land is situate, and provided further that no parcel of land shall be sold under the provisions of this subsection for less than the amount claimed to be due to the municipality in respect thereof. (5) A city may also exchange any of its land so pur- chased as aforesaid for other lands within the municipality. 1915, c. 21, s. 24; 1919-20, c. ^« s ^ 28, s. Payment of pui chase money 2G. — (1) If^ on a sale for arrears of taxes, the land is sold for a greater sum than the arrears of taxes and costs, the purchaser shall only be required to pay at the time of sale the amount of said arrears and costs, and the balance of purchase money shall, if such land is not redeemed from such tax sale, be paid to the registrar before the issue of the certificate of title to the tax purchaser or his assignee. (2) If the balance of purchase money is not so paid by the purchaser or his assigns within the time above pre- scribed, he and they shall forfeit all claim to said lands and to a certificate of title therefor, and to the sum paid at the time of sale or subsequently for taxes, costs or otherwise, and the said land shall cease to be affected as if it had been duly redeemed. 1915, c. 21, s. 25 ; 1919-20, c. 28, s. 3. Resale on non- payment 21. Jf the purchaser of any parcel of land fail to pay the trq^^HfOii; immediately, on account of said purchase, the amount claimed for arrears of taxes and costs, or such lesser sum as^the land may have been sold for, the treasurer may forthwith again put up the property for sale. 1915, c. 21, s. 26. ARREARS OF TAXES Cap. 103 1789 ^^ — (1) The treasurer, after selling- any land for taxes, Tax sale shall without any additional charge, give a certificate under gi^en"**" his hand and the seal of the municipality in the following form : I hereby certify that, under the provisions of The Arrears of Taxes Act, I have this day sold for arrears of taxes and costs, to A. B. of the of in the of , that certain piece or parcel of land and premises situate in , and being composed of {describe the land), for the price or sum of dollars. I further certify that the said sale was openly and fairly conducted. Dated day of , A.D. 19 . (This must be the actual date of sale.) C. D., [l-s.] Treasurer of the N'oTE.' — For the purpose of redemption or obtaining title, the day for which the sale was advertised, namely, the day of 19 , is to be taken. See section 38 of the Act. Note. — The tax purchaser or his assigns must apply for title within one year after the expiration of two years from the day of the sale, otherwise he or they will forfeit all claim to the land as well as to the moneys paid on account of the purchase price or of subsequent taxes. See section 49 of the Act. (2) If the treasurer by whom any such sale has been made die, resign or otherwise vacate his office without having signed such certificate, the treasurer for the time being of the municipality may give a certificate under his hand and the seal of the municipality, certifying that the lands were sold, and when, and to whom, and at what price, and that the sale was openly and fairly conducted. Such certificate shall be as valid and effectual for the purposes of this Act as though made in the form above given. 1915, c. 21, s. 27 ; 1919-20, c. 28, s. 4. 29. If the lands have been sold for more than the amount Certificate of taxes as advertised, the certificate shall be modified by^idfor leaving out all after the description of the lands and before Sxm the dating clause, and inserting instead thereof the follow- ing: for the price or sum of dollars, of which the sum of dollars, being the amount of arrears of taxes and costs for which the same were sold, has been received, and the balance shall be paid to the registrar before the issue of a certificate of title to the tax purchaser or his assignee; and in case such balance is not paid within the 1790 Cap. 103 ARREARS OF TAXES time required all claims to said lands and to the money already paid shall be forfeited by the holder hereof. I further certify that the said sale was openly and fairly conducted. 1915, c. 21, s. 28 ; 1919-20, c. 2,8, s. 5. Assignment of oertificHte 30. Any such certificate provided for by sections 28 and 29 may be assigned by indorsement on the iDack thereof or on a paper attached thereto, in the following form or to the like effect : I hereby assign and transfer this certificate (or the attached certificate) to Dated the . day of A.D. 19 . Witness which said assignment shall be signed by the person in whose favour the certificate is issued, or by any subsequent assignee. The production of a certificate so transferred shall -entitle the assignee to the redemption money, if paid. 1915, c. 21, s. 29. purchaser t'r 31. The purchascr shall, on receipt of the treasurer's Snuuedeemed Certificate of sale, become entitled, by action or otherwise, to protect the lands mentioned in said certificate from spolia- tion or waste. until the expiration of the term during which the land may be redeemed ; but shall not have any right to the possession of said land, or to cut hay or timber growing upon the land, or in any way to injure the land; and he shall not be liable for damage done, without his knowledge, to the property during the time the certificate is in force, and shall have the right to pay taxes upon said lands, and to be reimbursed therefor as provided in sections 3Y and 45. 1915, c. 21, s. 30. Statement S2. Everv such purchascr, at the time of the sale and hy purchaser bcforc ho is givcu the certificate of sale, shall sign a state- ment setting out his full name, occupation and post office address, and such statement shall be preserved by the treasurer with the other books, documents and papers con- nected with such sale, and the address there given shall be the purchaser's address for service of all notices and other documents required to be served until he notifies the treasurer in writing of a change of address. 1915, c. 21, s. 31; 1917, c. 17, s. 9. RETURN OF LANDS SOLD. Tax sale returns sent to district registrars 33. — (1) The treasurer of each municipality shall within one month after the completion of a sale of land for taxes held by the municipality, return to the registrar a statement certified under his hand and official seal showing all lands which were sold at the sale and have not since been redeemed. ARREARS OF TAXES Cap. 103 1791 (2) When a nninicipality does not lie wholly within one land registration district the said return shall be made in the manner prescribed in section 48. (3) The registrar shall register against the certificate of title of the lands affected a memorandum of the sale of such land for taxes according to the return made to him by the treasurer of the municipality. 1915, c. 21, s. 32; 1916, c. 23, s. 11. 34. The registrar may provide a form for the use of the ^^°^^^l°l^^^^ treasurer under section 33, and may include in such form any particulars not provided for by said section, which form the treasurer shall be bound to fill up and return to the registrar within the time above mentioned. 1915, c. 21, s. 33. 35. The municipality shall be liable to the registrar for liability of^ all losses and damages sustained either to the assurance fund ^^"^^1^^;^°/^^^'° or on account of incorrect certificates given by him in con- sequence of any error in any such statement. 1915, c. 21, 8. 34. ,rar 3 36. The registrar may grant certificates based upon said f^f^^^^ statements, and charge a fee of twenty-five cents for each ^certificates certificate not containing more than five lots or parcels, and a further fee of ten cents for every additional ten lots or parcels, or fraction thereof. The registrar shall be liable in damages for any error in any such certificate. The Pro- vincial Treasurer shall pay all judgments recovered against the registrar on account of such liability. 1915, c. 21, s. 35. REDEMPTION,, ETC. 37. — (1) The owner of any land which has been or shall how^Sd^wheo hereafter be sold for nonpayment of arrears of taxes or effected costs, or his heirs, executors, administrators or assigns, or any other person or any municipality on his or their behalf, but in his name only, may at any time within two years from the day of sale, exclusive of that day, redeem such land by paying or tendering to the treasurer of the municipality, before the hour of three o'clock in the afternoon, the amount of arrears of taxes and costs for which the same was adver- tised and sold, together with, as a penalty, a sum amounting to ten per cent, of such amount if redeemed at any time within one year after the date of sale, and, if not so redeemed within one year, then with the addition, as a further penalty, of a further sum amounting to ten per cent, of such amount for which said lands were so sold as aforesaid, together with a fee of twenty-five cents for a tax redemption certificate. 1792 Cap. 103 ARREARS OF TAXES Date of sale (2) If the tax sale purchaser has paid any taxes accrued subsequently to the taxes for which such land was sold, the party redeeming such land shall also pay to the treasurer, if redeemed within the first year after the sale, the amount of such subsequent taxes so paid, and, as a penalty, an addi- tional sum amounting to ten per cent, thereon. If such land be not redeemed within the first year after sale, then the party redeeming such land shall also pay to the treasurer the amount of such subsequent taxes so paid as aforesaid, and as a penalty an additional sum amounting to ten per cent, for the first year and ten per cent, for the year during which the land is redeemed on all such subsequent taxes so paid during the first year after the said sale, together with ten per cent, on all such subsequent taxes so paid after the first year after said sale. (3) The treasurer before giving a certificate of redemp- tion, shall also be entitled to demand from such party so redeeming all taxes on said lands in his hands for collection subsequent to the taxes for which such lands were sold. 1915, c. 21, s. 36. 38. For the purpose of this Act, the day of sale shall be the day on which the sale was advertised to take place, without reference to any adjournment, 1915, c. 21, s. 37. Certificate of redemption Certificate made in duplicate Redemption of part 39. The treasurer shall give the party so redeeming a certificate of redemption under his hand and the seal of the municipality, which shall be evidence of the redemption and may be registered in the proper land titles ofSce without any affidavit of attestation, and may be in the following form: I hereby certify that (describing the lands), sold for taxes on the day of A.D. 19 , were this day fully redeemed by on behalf of , and that I have received from said in full of said redemption, the sum of dollars. Dated this day of A.D. 19 . C. D., [l.s.] Treasurer for the 1915, c. 21, s. 38. 40. Such certificate shall be made in duplicate, and one of the duplicates shall be kept in the office of the treasurer. 1915, c. 21, s. 39. 41. — (1) Any lot or parcel of the lands sold may be redeemed by payment of a proportionate amount of the arrears of taxes, costs and penalties, if the land sold was composed of more than one lot or parcel according to any survey or plan. This section shall apply as well to redemp- tions taking place through a registrar as through a treasurer. ARREARS OF TAXES Cap. 103 1793 (2) The treasurer or any person entitled to redeem any one lot or parcel may apply to the assessor to apportion the arrears, costs and penalties, and the assessor shall thereupon proceed to do so, and the provisions of section 18 as to notice, appeal, procedure, the duties and powers of the court of revision and of the municipal officers with respect to the appeal, and the effect of apportionment, shall, mutatis mutandis apply. (3) In case redemption is to be made through a registrar, the registrar may require the person desiring to redeem any part of the land to obtain from the assessor of the municipal- ity an apportionment of the arrears of taxes; and the registrar shall, on being furnished with a certificate of the assessor, under the seal of the municipality, showing such apportionment, make a corresponding apportionment of the penalties and costs, and any lot or parcel may be redeemed on payment of the amount of the arrears of taxes, costs and penalties thus ascertained. 1915, c. 21, s. 40; 1917, c. 17, s. 10. 42. Erom the time of payment to the treasurer of theF^ectof full amount of redemption money required by this Act, all rights and interests of the purchaser in the land shall cease. 1915, c. 21, s. 41. 43. When a creditor having an execution in the sheriff's Ei&cuUon hands against lands which have been sold for taxes redeems the lands, he may file the redemption certificate or the receipt of the registrar for the redemption money, as the case may be, with the sheriff who shall thereupon add the amount of the redemption money to the sum remaining unpaid upon the execution. (2) The amount so added shall bear legal interest from the day of redemption, and the sheriff in his return to the writ shall refer to the amount and to the manner of its addition. (3) The holder of a registered mechanic's lien who redeems the lands may file the redemption certificate with the registrar, or in case redemption is made in the land titles office, he may file with the registrar his receipt for the money, and the registrar shall thereupon note upon the claim of lien filed, the date of redemption and the amount paid. (4) The amount of the lien holder's claim shall be increased by the sum paid for redemption, and the rights of the lien holder and of all other parties shall be such as they would have been if the amount of the addition had been originally included in the claim of lien and had been justl\ due for work or services done or materials placed oi furnished. 1794 Cap. 103 ARREARS OF TAXES (5) A mortgagee or mcumbrancee may redeem the lands sold and may add the amount of the redemption money to the sum secured by the mortgage or incumbrance, bearing interest from the date of payment at the same rate, and other- wise subject to all the terms and conditions of the mortgage or incumbrance. 1918-19, c. 39, s. 6. Notice of redemption sent to purchaser 44. The treasurer, immediately after the redemption of the land, shall notify the purchaser or his assignee of such redemption by letter mailed, prepaid and registered, to him at his post office address as given either in the statement signed by the purchaser at the time of the sale or in a written notice given to the treasurer by the assignee. 1915, c. 21, s. 42. Repayment of redemp- tion money Setting aside a tax sale 45. — (1) The treasurer shall, upon delivery to him of the certificate of sale for taxes and assignment thereof, if any, pay over such redemption money, or such portion thereof as the applicant may be entitled to. (2) In the case of the loss of a certificate, the redemp- tion money may be paid over on security being given satis- factory to the council. (3) Where the certificate covers more than one lot or parcel, and one lot or parcel only is redeemed, the treasurer shall mark the amount paid and the lot or parcel redeemed upon the certificate and duplicate and return the certificate to the holder. 1915, c. 21, s. 43. 46 (1) Upon the expiration of two years from the date of sale the treasurer's return to the registrar hereinafter provided for shall in any proceedings in any court in this province, and for the purpose of proving title under The Land Titles Act, be, except, as hereinafter provided, con- clusive evidence of the validity of the assessment of the land, the levy of the rate, the sale of the land for taxes and all other proceedings leading up to such sale, and that the land was not redeemed at tlu^ end of said period of two years. (2) Notwithstanding any defect in such assessment, levy, sale or other proceedings, no such tax sale shall be annulled or set aside except upon the following grounds and no other : that the sale was not conducted in a fair and open manner, or that the taxes for the year or years for which the land was sold had been paid, or that the land was not liable to taxation for the year or years for which it was sold. (3) All actions, suits or other proceedings to set aside or annul a sale of land for taxes shall be brought or taken against the municipality, and it shall not be necessary to make the tax purchaser a party thereto. ARREARS OF TAXES Cap. 103 1796 (4) ISTo such suit, action or proceeding shall be brought or taken after the issue of a certificate of title to the tax purchaser or his assigns. (5) After the issue of a certificate of title to the tax pur- chaser or his assigns, the former owner or his assigns shall have no claim for damages against the municipality or Against the assurance fund. 1915, c. 21, s. 44. KETUENS OF LANDS NOT REDEEMED. 47. — (1) If the land sold for taxes as aforesaid be not Returns to redeemed within a period of two years from the day of sale, lands not the treasurer of the municipality shall, forthwith after the ^"^ ^"^ expiration of said two years, forward to the registrar a return certified under his hand and official seal, showing all lands which were sold at that sale and which have not been redeemed, the persons to whom sold, with their post oSice addresses, the amounts at which the lands were sold, the amounts of taxes and costs for which the lands were sold, the taxes paid by the tax purchaser since the sale and prior to the expiration of said two years, and such other information as the registrar may require. (2) In case the return required by subsection (1) is not received by the registrar within nine months from the expira- tion of the period of two years from the day of sale therein mentioned then, notwithstanding anything in this Act con- tained, and without applying for title, a tax purchaser may require the municipality to redeem the land and the munici- pality shall thereupon pay to the tax purchaser such sum? as by section 50 the owner is required to pay on redemption. The land shall stand redeemed and the municipality shall have no claim for the sums paid, or for the original or any subsequent taxes or penalties included therein, against either the land itself or the assessed owner or any other person. 1915, c. 21, s. 45 ; 1919-20. c. 28, s. 6. 48. When a municipality does not lie wholly within one Returns to land registration district the treasurer shall forward to the regrstratiom registrar of each district within which the municipality lies d'**""** such return as in section 47 mentioned, covering only the lands sold within each such district. 1915, c. 21, s. 46. PROCEEDINGS IN LAND TITLES OFFICES. 49. — (1) Any tax purchaser desiring to secure title to Application land purchased at a tax sale may, at any time within onellT^ tJm year after the date of the expiration of two years from the ' ' day of sale, make application therefor to the registrar for the land registration district in which the land lies, and such application shall in all respects be deemed to be, and shall Act 1796 Cap. 103 ARREARS OF TAXES Forfeiture of tax pur- ehaser's rights be dealt with by the registrar as, an application to bring land under The Land Titles Act, or for a transmission under said Act, as the case may be. ' (2) Where the return required by section 47 is not received by the registrar within nine months from the expira- tion of the period of two years from the day of sale therein mentioned, the registrar may nevertheless accept an applica- tion for title at any time before the expiration of three years from the day of sale if such application is accompanied by a certificate from the treasurer of the municipality that the land in question has not been redeemed. (3) If the tax purchaser fails to make his application within one year as aforesaid, he shall forfeit all claim as tax purchaser to said land or to such part thereof as may not be applied for, as well as to the amount paid thereon at the time of sale, or for subsequent taxes, and said land, or such part thereof as aforesaid, shall thereupon cease to be affected by said sale as if it had been duly redeemed. 1915, c. 21, s. 47; 1919-20, c. 28, s. 6. b^'fo^lMJ"" ^^* — ^'^^ -^^y person having an interest in a parcel of owner land iucludcd in the return referred to in section 47 or 48, or any person on his behalf, may at any time before or after such application is made, or at any time before the issue of a certificate of title pursuant to the tax sale in question, redeem such parcel of land, or any separate parcel thereof in which he may be interested, by paying to the registrar to whom such return is made: (a) the amount originally paid by the tax sale pur- chaser, together with a penalty of 10 per cent, thereon for the first year after the sale and 10 per cent, for the second vear after the sale : (&) any subsequent taxes paid by him on the said lands together with the percentage or percentages thereon provided for by section 37 ; (c) in addition interest at the rate of 10 per cent, per annum from the expiration of the two year redemp- tion period to the date of payment upon the amount so originally paid by the tax sale purchaser as aforesaid and upon the amount of subsequent taxes paid by him during such two-year period ; {d) interest at the same rate upon taxes paid subse- quently to such two-year period from the date when such taxes were paid until the date of redemption ; (e) the costs to which the applicant has been put in proceeding to obtain a certificate of title including ARREARS OF TAXES Cap. 103 1797 his solicitor's fees (if any), which costs and fees shall be fixed and taxed by the registrar, whose decision shall be final. (2) No person shall be allowed to redeem under the provisions of subsection (1) until he has produced to the registrar a certificate from the treasurer that all taxes levied subsequently to the taxes for which the land was sold have been paid. "^1919-20, c. 28, s. 9. 51. The registrar shall enter in a register a memorandum proceeding* indicating the redemption of such land or parcel thereof, andtion'' *™'** such land or parcel shall accordingly stand redeemed from the time of such payment ; and the registrar shall forward to the treasurer of the municipality a notice stating that such land or parcel thereof has been redeemed, and the registrar shall thereafter, upon demand, repay to the tax purchaser or his assignee any moneys which have been paid into the tax sales fund by such tax purchaser or his assign in con- nection with the sale in question, and none of the provisions of sections 61 to 65 shall apply to such payments out of the tax sales fund. 1915, c. 21, s. 49. 53. — (1) The registrar shall deduct from the payment so Refund to made to him any fees due him, and forthwith pay the balance ^^ ^^'^ ^^^ to the tax purchaser or the assignee of the tax sale certificate upon demand, and while said moneys or any portion thereof remain in the hands of the registrar they shall not be subject to attachment or garnishee proceedings issued out of any court in this province. (2) No payment over of any such redemption money Surrender shall be made by the registrar, unless and until the original tax sale certificate of purchase shall have been surrendered to the registrar ; except that, if the loss of any such certificate be proved to the satisfaction of the registrar, the redemption money may be paid over on security being given to his satis- faction. 1915, c. 21, s. 50. 53. — (1) After the expiration of six months from the issue of dav of service of the last notice required to be served by ortftie'in on behalf of the applicant, in cases where notice has been re^demptioB directed to be served, and in other cases after the expiration of six months from the filing of the application, if the land be not redeemed, the registrar, upon being satisfied that the purchaser has paid his purchase money in full for the lands comprised in the application or any parcel thereof, shall issue a certificate of title under The Land Titles Act, to the applicant for such land or parcel thereof, and such certificate of title shall in every respect be of the same force and validity and have the same effect as any other certificate of title issued under The Land Titles Act. 1798 Cap. 103 ARREARS OF TAXES (2) After the issue of such certificate, no person except the tax purchaser or those claiming through or under him, shall be deemed to be rightly entitled to the land included in such certificate of title or to any part thereof, or to any interest therein or lien thereon, whose rights in respect thereof accrued or commenced to accrue prior to the issue of such certificate of title save that the land shall remain subject to existing registered easements. 1915, c. 21, s. .51 ; 1918-19, c. 39, s. 8. Duties of district registrar 54. The registrar shall not be obliged to ascertain or inquire into the regularity of the tax sale proceedings or any proceedings prior to or having relation to the assessment of the said land. 1915, c. 21, s.'"52. District registrar bound to proceed 55. The return to be furnished to the registrar by the treasurer of the municipality hereinbefore provided for, shall be, in all cases, sufficient authority to justify the regisr trar in taking proceedings as above provided in this Act; and the registrar shall in all cases proceed as above provided, unless it be shown to his satisfaction that the land in respect of which the application is made for a certificate of title was not liable to the imposition of any portion of the taxes for which the same was sold or that all such taxes had been paid. 1915, c. 21, s. 53. Adsigniiieuts of tax sale certificates by munici- pal iti&<< 56. At any time after a municipality has filed an appli- cation for a certificate of title under this Act, and before a certificate of title shall have issued thereunder, the munici- pality may assign its interest as tax purchaser to any person who claims to have some substantial interest in the land, and upon the filing of such assignment with the registrar, he shall, if in his judgment such assignee had some substantial interest, proceed with the application as if such assignee had been the original applicant, 1915, c. 21, s. 54. Ratification 57. Transfers and assignments referred to in sections 91 and 56 shall be assented to or subsequently ratified by. the council. 1915, c. 21, s. 55. Application for certificate of title 58. In all cases in which a municipality is the tax pur- chaser, the municipality may apply for certificates of title under this Act, and may include in one application any num- ber of parcels, according to the same survey or plan; pro- vided that said parcels do not exceed in area two thousand acres. 1915, c. 21, s. 56. Payment of 59. — (i) Aftcp the cxpiratiou of two years from the daj taxes accnung ^'^ ,^ ,"^. '' after sale of salc the tax purchascr may pay to the registrar to whom the returns of sales are required to be made as aforesaid any taxes due on the land, upon furnishing to the registrar a ARREARS OF TAXES Cap. 103 1799 statement of the treasurer of the municipality in which the land is situate, showing the amount of such taxes. (2) Before a certificate of title shall issue upon the appli- cation of such tax purchaser, it shall be the duty of the regis- trar to ascertain and collect all such taxes and, when col- lected, to forward the same to the treasurer of the munici- pality entitled thereto. 1915, c. 21, s. 57; 1917 (sess. 2), ♦ c. 55, s. 4. SURPLUS TAX SALES FUNDS. * 60 (1) The registrar shall keep a separate account of J^'""'^ all sums paid to him as a balance of purchase money on lands sold as aforesaid for more than the amount for which they were advertised, and shall enter in a book the amount received over the arrears of taxes and costs, a description of the land sold and the dates of sale and of receipt of said balance. (2) The aggregate amounts of such balances so received shall form a distinct fund to be called "Tax Sales Fund," and the registrar shall, in the month of January in each year, or sooner if required by resolution of the council of the municipality in which any such lands lie, furnish a state- ment to the treasurer of the municipality, giving the amount of and other particulars respecting said fund relating to any lands in such municipality. 1915, c. 21, s. 58. 61. — (1) Any person claiming to be entitled to the sur- P^^^uro^^ plus in the tax sales fund, or any part thereof, may, in person baianow or by attorney, lodge with the registrar having such surplus in respect of which the claim is made a petition in writing describing the land sold and setting forth the particulars of the sale and the right or title by reason of which said surplus is claimed, and the said petition shall be verified by affidavit and supported by such evidence as the registrar may require. (2) The registrar may require the claimant to serve upon any person or corporation he may deem proper, either per- sonally or substitutionally, as and in such manner as he may direct, notice of the said application, and may upon such application order the surplus money applied for to be paid to the claimant or such other person as may be found entitled. (3) The order shall declare that it has been proved to the satisfaction of the registrar that the person to whom the money is ordered to be paid is entitled thereto, and shall further state under what right or title he has been found so entitled. (4) The registrar may, in any case in which he shall con- aider it proper so to do, order the money to be paid into the Court of King's Bench, instead of to the claimant or other person, and in such case his order shall state the reason why 1800 Cap. 103 ARREARS OF TAXES Apportion- menl of balanc«8 Persons entitled to apply for balances Municipality protected the order was so made, and a copy of the order shall be filed in said court and the money so paid into court shall then be dealt with, upon application or notice, in such manner as a judge in chambers may order. 1915, c. 21, s. 59. 62. If it should be found that some person other than the petitioner is entitled to some portion of the money standing to the credit of any lot or lots of land, the registrar or judge shall have power to apportion the share or shares to which each person may be entitled in such manner as to him may seem just. 1915, c. 21, s. 60. 63. It is hereby declared that, except as hereinafter pro- vided, the person who shall be considered to be entitled to apply under sections 61 and 62 for any money standing in the tax sales fund to the credit of any parcel of land shall be the person who was, at the expiration of the time for redeeming said land from said tax sale, the owner of the land or a person who held any incumbrance, security or lien under judgment, execution or otherwise thereon, or who is the assig-nee or legal representative of such owner or person. 1915, c. 21, s. 61. 64. No action, suit or proceeding shall lie against any municipality or registrar for the recovery of any such surplus or any portion thereof, after the same has been paid in pursuance of such order of a registrar or judge. 1915, c. 21, s. 62. Fees on such applications in chambers Claims on fund an admission of validity of sale 65. — (1) The same fees shall be paid upon any applica- tion made to a judge as are ]:)ayable in respect of applications in chambers for a judge's order in any suit or proceedings in the Court of King's Bench; and if the registrar or judge shall think it advisable to order the money to be paid into the Court of King's Bench or otherwise than into the hands of any claimant or his solicitor, he may in his discretion order the proper costs of the claimant or of the municipality or any part of such costs to be taken from and paid out of the money which formed the subject of the claim. (2) In all cases where a claimant fails to obtain an order upon the municipality for pajTnent, the registrar or judge mav order him to pay the costs of the proceedings, and such order mav be made a iudo-ment of the Court of King's Bench by filing the same in such court. 1915, c. 21, s. 63. 66. The fact of claiming any surplus held in a tax sales fund to the credit of any lot or parcel sold for arrears of taxes shall be considered as an admission by the claimant of the validity of the sale of the lot or parcel in question, and he and all persons claiming by. through or under him shall, from and after the time of making said claim, be ARREARS OF TAXES Cap. 103 1801 debarred from taking any action or proceeding to question or set aside the sale, notwithstanding that such chiim shall have been made within the time otherwise limited for takino; any proceedings to invalidate any tax sale; and said sale shall thereafter be held to be in all respects valid and binding as against the said claimant and those claiming by, through or under him as aforesaid. 11)1 5. c. 21, s. 64; 1916, c. 23, s. 12. 67. — (1) Whenever any portion of such tax sales f und ^unkSti shall have remained in the hands of the registrar for six ^^^,^ }**" , . , , . -, sales funds years, without any notice ot claim oi- order of payment having been served on or made by him as hereinbefore provided, the sum so remaining unclaimed shall become forfeited, and shall thereafter be the absolute property of the municipality in which the lands in respect of which the same was paid were situated at the date of the payment of the amount to the registrar. (2) Such sum shall be paid over to the treasurer of the municipality, and shall forthwith thereafter be transferred to the general funds of the municipality and form part thereof, and the municipality and the registrar shall be for- ever discharged from any claim on account thereof. 1915, e. 21, s. 65.' 68* — (1) K an action to set aside or question a sale for Notice of arrears of taxes be commenced, the plaintiif in such action ^et a^de shall, within ten days after the issue of the writ of summons, "'' "'"'^ cause the registrar having surplus proceeds, or to whom the same are payable, and the treasurer of the municipality in which the lands lie, to be notified in writing of the fact of such action having been commenced ; and the registrar or the treasurer in such case sliall not forfeit any surplus held by him to the credit of the parcel of land in dispute, but shall hold the same subject to the order of any judge or court before whom the action shall or may be tried. (2) If the plaintiif succeeds, the said judge or court shall order the said surplus to be paid to the defendant tax pur- chaser, or his proper representatives. (3) If the plaintiff fails in such action or proceeding to set aside said sale, but proves to the satisfaction of the judge or court that he was at the time of said sale the lawful owner of said land and the person entitled to the said surplus purchase money according to the true intent and meaning of this Act, then the said court or judge shall order such surplus to be paid over to said plaintiff or his lesral represen- tatives upon and after payment by said plaintiff of such of the defendant's taxed costs of defence of said action or proceedine's as the plaintiff shall have been ordered to pay. 1915, c. 21, s. Q6. to ies 1802 Cap. 103 ARREARS OF TAXES MISCELLANEOUS PROVISIONS. Prior right to pay subsequent taxes Saiea set asiue Limitation of right of action to recover moneys paid munici- pality for tazee F«M 09. The owner or any person other than a tax sale pur- chaser having an interest in a parcel of land sold for arrears of taxes, shall have the first right to pay the taxes levied thereon subsequently to the first day of the year in which the sale is held, up to and inclusive of the twentieth day of December of the year in which such taxes are levied; and in no case shall a tax sale purchaser be allowed any percentage upon the amount of such subsequent taxes if he pay them before the twenty-first day of December of such year. 1917 (sess. 2), c. 55, s. 5. to. In all cases where sales of land for arrears of taxes, whether made before or after the passing of this Act, are set aside or declared illegal or void, the amount paid by the purchaser at the sale, and subsequently for taxes or other- wise, shall be a lien upon the land and payable by the municipality with interest at ten per cent, per annum to the tax purchaser or his proper representatives. 1915, c. 21, s. 68; 1916, c. 23, s. 14. 71. 1^0 action for the return by the municipality of any money? paid to the municipality, whether under protest or otherwise, on account of a claim, whether valid or invalid, made by the municipality for taxes, shall be commenced after the expiration of six months after the payment of such moneys ; and., after the expiration of such period of six months without any such action having been commenced, the payment made to the municipality shall be deemed to have been a voluntary payment. 1915, c. 21, s. 69. 12. The Lieutenant Governor in Council may fix the fees to be paid to the registrar in connection with all matters or proceedings in the land titles office under this Act. c. 21. s. TO. 1915, H CHAPTER 104. An Act with respect to Town-Planning and Rural Development. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : PART I. Title, Interpretation andjAppointments. SHORT TITLE. 1. This Act may be cited as The Town-Planning atu:? ^o'* *•'*• Rural Development Act. 1917 (sess. 2), c. 70, s. 1. INTERPRETATION. 3. In this Act, and in any rule or regulation made there- interpretation under, unless the context otherwise requires : 1. "Department" means the Department of Municipal )^^f-'"*" Affairs ; 2. "Minister" means the Minister of Municipal Affairs; "Minister" • 3. "Director" means a director of town-planning and rural ""OUrecUit" development appointed by the minister; 4. "Local authority" means the governing body of a city, "Local .-,■. 1 ..-.., ^ ' authority" town, village or rural municipality; 5. "Main thoroughfare" means a main thoroughfare which "Main thpr- (a) connects or is likely to connect two populous districts or parts of one district or municipality, or which forms the principal means of approach to a city or town, or (&) any main arterial thoroughfare which in the opinion of the Minister of Highways of the province is necessary or desir- able for securing adequate means of communication between different parts of the province; 6. "Land" or "lands" includes lands, tenements and here- ;;^i^;; or ditaments and any interest therein, and also houses, build- ings and other works and structures ; 7. "Plan" and "section" mean respectively a drawing of "^^^^^??- from minister 19. The local authoritv mav enter into an agi'eement with the owners of land to permit the formation or construction of streets or roads or the determination of a building line on their land, in accordance with the provisions of any draft bylaws or scheme, between the time when application is made to the minister for approval of the bylaws or authority to prepare the scheme and the time when such approval or authority is given, subject to such agi'cement being approved by the minister ; and may enter into an agreement with any person or corporation to do work that the authority has itself power to perform and, so far as may be necessary for the purpose of doing such work, such person or corporation shall have all the powers conferred upon a local authority by this Act. 1917 (sess. 2\ c. 70. s. 18. TOWN-PLANNING AND RURAL D K VKLO PM KXI" Cap. 104: 1811 DAMAGES AND INCREASED VALUES. 20. — (1) Any person whose property is injuriously ciaima for affected by the making of development bylaws or a develop- ment scheme, shall, if he makes a claim for the purpose within the time (if any) limited by the bylaws or scheme (not being less than three months after the date when notice of the approval of the bylaws or scheme is published in the manner prescribed by regulations made by the minister), be entitled to obtain compensation in respect thereof from the local authority. (2) Any person whose property is injuriously affected by the execution of works carried out under the provisions of a scheme, in respect of any matter or thing which has not been the subject of compensation in connection with the making of bylaws or of the scheme, shall be entitled, if he makes a claim within the time limited by the proper municipal Act governing the local authority, or, if no time is there limited, then within twelve months after the completion of the work, or any section of the work affecting his property, as the case may be, to obtain compensation in respect thereof from the local authority. (3) A person shall not be entitled to obtain compensation under this section on account of anv building erected on, or contract made or other thing done with respect to, land affected by bylaws or a scheme after the date when the local authority makes application for approval of such bylaws, or for authority to prepare the scheme, as the case may be, or after such other time as the minister may fix for the purpose. (4) The foregoing provision shall not apply to prevent compensation for work done before the date of approval of the bylaws or scheme, for the purpose of finishing a building begun or of carrying out a contract entered into before the application was made. 1917 (sess. 2), c. YO, s. 19. 21«— (1) Where, by the making of bylaws or a scheme, Claim for property is increased in value, the local authority shall ber^uSt entitled, if it makes a claim for the purpose within the time, vaT""°" ' if any, limited by the bylaws or scheme, such time not being less than three months after the date when notice of the approval of the bylaws or scheme is first published in the manner prescribed by regulations made by the minister under section 15, to recover from any person whose property is so increased in value one-half of the amount of the increase. (2) Where by the execution of works under a scheme, property is increased in value, the local authority may recover from the owner one-half of the increase in respect of any matter or thing for which it has not recovered any amount in connection with the making of the bylaws or Vol. II.— 22. increase in ues 1812 Cap. 104 TOWN-PLANNING AND RUHAL DEVELOPMENT scheme, provided that it makes a claim within twelve monrh?' after the completion of the work or any portion of the work affecting the property, as the case may be. 1917 (sess. 2). c. 70. s. 20. Determina- tion of amount and payment of compensation 23. — (1) Any question as to whether property is inju- riously affected or increased in value and as to the amount and manner of payment (Avhether by instalments or otherwise) of the sum which is to be paid as compensation, or which the local authority is entitled to recover, shall, subject to the provisions hereinafter contained, be determined in accord- ance with the provisions of the proper municipal Act govern- ing the local authority. (2) Any amount due as compensation from a local authority to a person aggi'ieved shall be payable at the expira tion of one month from the time when such amount has been determined, subject to the deduction from such amount of any sum which may be due to the authority by the same person under section 21. (3) Any amount or balance due to the local authority from a person whose property is increased in value, aftei- giving credit for any sum due by the authority to such pei- son under the provisions of section 20, shall be divided into ten equal portions, and one of such portions shall be added to and become part of the taxes assessed against the property in respect of which it has become payable in each of the ten years succeeding that in which the amount is determined. (4) The unpaid balances of such amount from time t<> time remaining, including any portion which may fall into arrear, shall bear interest at the rate of six per cent, pei- annum, but shall not be subject to penalties under the muni- cipal Act governing the area in which the land lies. (5) The local authority shall, for assessment purposes, during a period of twenty years subsequent to the year in which the amount due to it has been determined, deduct such amount from the rateable value of the property in respect of which it becomes y)ayable. (^6) When a bylaw or a scheme is altered or revoked by an order of the minister under this Act, any person who has incurred expenditure for the purpose of complying with the bylaw or scheme shall be entitled to compensation from the local authority, in accordance with this section, in so far as any such expenditure is rendered abortive by reason of the alteration or revocation of the bylaAV or scheme. 1917 (sess. 2). c. 70, s. 21. No compen- fiation in certain case.? '43 (1) Where property is alleged to be injuriously affected by reason of provisions contained in development bylaws or a development scheme, no compensation shall be TOWN-PLANNING AND RURAL DEVELOPMENT Cap. 104 1813 paid in respect thereof, if or in so far as the provisions are such as would have heen enforceable without compensation if they had been contained in bylaws made by the local authority under any other Act. (2) Property shall not be deemed to be injuriously affected by reason of the making of any provisions inserted in bylaws or a scheme which, with a view to securing the amenity of the area affected by the bylaws or included in the scheme, or any part thereof, or proper hygienic conditions in connec- ' tion with the buildings to be erected thereon, prescribe the space about buildings or prescribe the percentage of any lot which may be covered with buildings, or limit the number of buildings to be erected, or prescribe the height, character or use of buildings, and which the minister, having regard to the nature and situation 6i the land affected by the bylaws or provisions, considers reasonable for the purpose of amenity or proper hygienic conditions. (3) "Where a person is entitled to compensation under 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, nor shall he be entitled to any greater compensation under this Act than he would be under the other enactment. 1917 (sess. 2), c. 70, s. 22. PART IV. Acquisition of Land. POWER TO PURCHASE OR EXPROPRIATE. 34. The local authority may acquire property for the Manner of '-•^ ,^ ^ . . acquisition purposes of this Act, by gift, purchase or expropriation. 1917 (sess. 2), c. 70, s.'^ 23. " 35. — (1) The local authority may, for the purpose of a Powers of , development scheme, purchase or acquire any land comprised in such scheme by agi'eement or compulsorily, including any land within 200 feet of the boundary lines or proposed boundary lines of any street laid out. widened or improved by the authority, or of any public park, playground or other open space acquired by the authority under a scheme, and 'in the absence of agreement the price to be paid shall be determined by arbitration, under the provisions of the muni- cipal Act governing the local authority. (2) In determining the amount of compensation to be paid for land expropriated for any purpose of a scheme, the arbitrators shall take into consideration the relative benefit 1814 Cap. 1.04 TOWN PLANNING AND RURAL DEVELOPMENT Sale of lands acquired and disposal of proceeds or injury occasioned to any remaining portion of the owner's land by carrying the scheme or any portion thereof into effect, adding thereto, in the case of injury, an estimate for the cost of foucing suHi portiori. if ffMiciug be rendered necessary. (3) The price to be paid for laud so purchased or expro- priated shall be its fair actual value, at the date when the application for authority to prepare the scheme was made, and no additional allowance shall be made because of the purchase being compulsory. 1917 (sess. 2), c. 70, s. 24. 36. — (1) A local authority may be authorised by the minister to sell land purchased or expropriated under a development scheme, if it can be shown that the purpose for which the land was acquired has been attained or that the land is no longer necessary for any purpose of the scheme. (2) The moneys realised from such sale shall be applied, in the first instance, to the; payment of any debt incurred in connection with the expropriation, and for that purpose may be used for payment of the instalments of any loan contracted for such debt, or may be paid into a sinking fund established in connection therewith, or into the general sinking fund, as may be most appropriate, and they may thereafter be applied to such purposes in connection with the scheme as may be nppi-ovod by tlie minister. 1017 (sess. 2), c. 70, s. 25. Default in preparation of bylaws or Bcheme PAET V. Default, Inspection and Report. TROCEDURE IN CASE OF DEFAULT. 27. — (1) Tf the minister is satisfied, on any represen- tation and after inquiry, that a local authority: (n) has failed to take the steps requisite for having a satisfactory set of bylaws or a scheme prepared and a])proved in a case where a set of bylaws or a scheme ought to be made; or (h) has failed to adopt a scheme proposed by owners of land in a case where a scheme ought to be adopted ; or ( c) has failed to prepare a set of bylaws dealing with any part of its area not included in a scheme; or (d) has unreasonably refused to consent to modifica- tions or conditions imposed by the minister; the minister may, as the case requires, order the authority to prepare and submit for his approval such a set of bylaws or scheme, or to adopt the scheme, or to consent to the modi- fications or conditions so inserted. TOWN-PLANNING AND RURAL DEVELOPMENT Cap. 104 1815 (2) Where the representatiou is that a local authority has 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 and conditions, if any, as he may deem fit, and thereupon the scheme shall have effect as if it had been adopted by the authority and approved by the minister. (?>) If the minister is satisfied, on any representation, after holding local inquiry, that a. local authority has failed to enforce effectively the observance of a set of bylaws or a schc^me which has been confirmed, or any provisions thereof, or t progi-ess and completion of works and other action under the scheme. 5. Procedure for the purpose of an application to prepare or adopt development bylaws: (a) publication of notices of proposed applications and deposit for inspection of draft bylaws and maps relating thereto; (6) submission of draft bylaws and maps (if any) to the minister ; (c) hearing of objections and representations by per- sons interested; (d) publication of notices of intention to approve bylaws and lodging of objections to modifications made (if any) ; TOWN-PLANNING AND RURAL DEVELOPMENT Cap. 104 1819 (e) deposit of bylaws as approved by the minister and publication of notiee of approval. 6. The details to be specified in plans, including wherever •' the circumstances so require, the restrictions on the number, location, purpose and dimensions of buildings which may be ■erected on each area, and the height and character of such buildings. 7. Duty of minister to hold or order the holding of any public inquiry which he deems necessary or desirable. 8. Duty of local authority to give information at any stage to person affected with reference to any bylaws or scheme or proposed bylaws or scheme. CHAPTER 105. An Act respecting Housing in Urban Municipalities. H TS [Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : Short title 1. This Act may be cited as The Urban Municipal Hous- ing Act. Application to Dominion Government 2. The Lieutenant Governor in Council may authorise the Provincial Treasurer to apply to the Government of Canada for loans for the purpose of promoting the erection of dwelling houses of a modern character in towns and cities in Saskatchewan and putting within the reach of all work- ing men in such towns and cities, particularly returned soldiers, the opportunity of acquiring their own homes at actual cost of the building and land acquired at a fair value, such loans not to exceed in the aggi-egate $1,800,000. 1919- 20, c. 76, s. 2. Loaii.s to municipalities 3. The Provincial Treasurer may lend the money so obtained to cities and to'v\nis in Saskatchewan upon the secur- ity of the general credit of the municipality or upon such other security, and upon such terms and conditions as may be deemed advisable, subject to the approval of the Lieuten- ant Governor in Council and under regulations to be approved by the Governor General of Canada in Council. 1918-19. c' 45, s. 2: 1919-20, c. Y6, s. 3. Security 4. Evcrv loau so made shall be secured by such bonds, debentures, inscribed stock or other securities in such form as may be approved by the Lieutenant Governor in Council J in acordance with the provisions of The Saskatchewan Loans Act. 1918-19, c. 45, s. 3. Statement 5. A statement of all moneys received by way of loan from the Goveriiment of Canada for the purposes of this Act, and of all loans made to cities and towns in the province with the funds thus obtained, shall be included in the public accounts of each vear. 1918-19, c. 45, s. 4. Appri>val by Local Government Boani 6. Every application to the Provincial Treasurer for a loan under the provisions of this Act shall be first approved by the Local Government Board and permission given under the provisions of The Local Government Board Act. 1918- 19. c. 45, s. 5. HOUSING IN URBAN MUNICIPALITIES Cap. 105 1821 7. The council of every city and town may pass all bylaws Powers of oity , " , and town and do all other things necessary or conducive to the effec- councils tive carrying out of the provisions of this Act and of any regulations made thereunder; and, without thereby limiting the generality of the powers by the preceding terms of this section conferred, it is hereby declared that such council may : (a) borrow upon the security of the general credit of the municipality or upon such other security as may be agreed upon any sum of money advanced / under this Act; (&) repay the moneys advanced, with interest, accord- ing to agi'eement or as provided by regulations made hereunder; (c) make all provisions required for carrying out any housing scheme approved by the Lieutenant Gov- ernor in Council under this Act, including the expenditure of moneys borrowed by the munici- pality, the acquisition of property, the erection of buildings and improvements thereon and the dis- position of all such property and buildings; {d) levy each year upon all the rateable property in the municipality such sums as may be required to make up any deficiency in the amount available for payment of principal or interest or both of moneys borrowed under this Act, after applying to such purpose the moneys derived from sales or leases of houses erected under the housing scheme. 1919-20, c. 76, s. 4. CHAPTER 106. An Act to enable Municipalities to supply Material for Fencing Purposes. H 18 iMajesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows; Short title 1. This Act may be cited as The Municipalities Fence Aid Act. L9 19-20, c. 32, s. 1. ' Interpretation 3. In this Act, unless the context otherwise requires, the expression : ••Municipality" \ ''Municipality" means a rural municipality; "Minister" 2. ''Minister" means the Minister of Municipal Affairs. 1919-20. c. 32, s. 2. BorrowinK powers of municipalitj- ■ 3. Any municipality may borrow such sum as shall appear to its council to be required to supply fencing material to farmers for fencing purposes when, in the opinion of the council, special circumstances render such action necessary or desirable ; and may repay such sum to the lender, together with interest at such rate, not exceeding eight per cent, per annum, and at such time, subject as hereinafter mentioned, as shall be agreed upon between it and the lender. 1919-20, c. 32, s. 3. Loans on resolution of ooiinci! 4. In case the sum required does not exceed two thousand dollars, the money may be raised under the authority of a resolution of council which shall regulate the amount to be borrowed and the rate of interest to 1k^ paid. 1919-20, c. 32, s. 4. Louna in pursuance of bylaw 5. — (Ij Except as in section -1 [)rovidcd, no loan shall be made except in pursuance of a bylaw authorising the munici- pality to borrow for the above purpose such sums as may from time to time be deemed necessary, upon the security of its promissory note. (2) Every such bylaw shall, l)efore the final passing thereof, be submitted to the electors, and shall, if a poll is demnnded, be voted upon on such day as the council may fix therefor, and shall require the assent of a majority of the electors voting thereon. (3) The proceedings upon such submission and voting shall be the same mutatis mutandis as are provided in sec- tions 207, 208, and 210 to 216 of The Rural Municipality Art. save that no application or reference to the Local MUNICIPALITIES FENCE AID Cap. 106 1823 Government Board shall be necessary, and, subject to this exception, all the provisions in The Rural Municipality Act relating to bylaws and the passing and approval thereof and to any right, remedy, action, proceeding, matter or thing which may be claimed, prosecuted, taken or done in relation to bylaws under the said Act, or to anything done thereunder or against any person in connection therewith, shall apply mutatis mutandis to any bylaw passed under the authority of this Act. 1910-20, c. 32, s. 5. 6. Every such bylaw shall be in form A, or to the likej^™"^ effect, and the notice to electors and notice of poll which may be required to be given in relation thereto shall be in forms B and C respectively. 1919-20, c. 32, s. 6. T. Upon any such bylaw receiving the approval of the ja^ectof ^^ minister such approval shall be conclusive evidence that the bylaw by municipality has been legally constituted and had power to pass the bylaw, that such bylaw is valid and binding upon the municipality and that promissory notes given by the municipality for moneys borrowed under the authority thereof are a good and indefeasible security in the hands of bona fide holders, and the sums payable thereunder a valid debt of the municipality. 1919-20, c. 32, s. T. 8. Promissory notes given by a municipality for moneys Execution, •^ o ./ 1 ./ ^ payment and borrowed under the authority oi a bylaw passed m pur- renewal of suance of this Act shall be signed by the reeve and secretary not™"^"'^ treasurer, and shall be made payable at a date not later than the thirty-first day of December next after the making thereof, and may from time to time be renewed for a further period not exceeding in all three years from the said date. 1919-20, c. 32, s. 8. 9. ^ioneys borrowed by a municipality under the authority Account of of this Act shall be held by the council and by the secretary borrowed treasurer thereof as a separate fund distinct from all other funds of the municipality, and the council shall cause to be kept by the secretary treasurer a separate and distinct account of such moneys. 1919-20, c. 32, s. 9. 10. A municipality which has borrowed money under this Expenditure i tf i.'i'i 1*'' moneys Act shall from time to time expend it m the purchase and distribution of fencing material to be supplied for use upon land within the municipality, to such farmers resident therein . or in an adjoining municipality, as may be unable to pur- chase the same without assistance; but the municipality shall not advance a quantity of material of gi-eater value than $100 in respect of any one quarter section, nor for the fencing of anv lands the patent whereof has not issued from the Crown. 1919-20, e. 32, s. 10. 1824 Cap. 106 MUNICIPALITIES FENCE AID Price Municipality to take notes 5'?^t'e"ia!° ^^' ^^ ^° ^^^® shall money be advanced out of the said fund, either in lieu of fencing material or in addition thereto, the intention of this Act being that the purchase of all fencing material hereunder and the distribution thereof shall be made only in the manner provided by this Act. 1919-20, c. 32, s. 11. 13. The price to be charged by the municipality to pur- chasers of fencing material shall be such amount as shall be deemed fairly sufficient to cover the cost of the same and the expenses entailed by the purchase and distribution thereof, and no more. 1919-20, c. 32, s. 12. 13. A municipality supplying fencing material under the authority of this Act shall forthwith take from the purchaser his pi-omissory note or notes for the selling price of the same supplied, and said notes shall bear interest at the rate pay- able by the municipality upon the amount borrowed by it under this Act and shall be made payable in three equal annual instalments at the office of the secretary treasurer of the municipality: Provided that the maker of a note may pay the note in full with accrued interest on any date on which an instal- ment falls due. 1919-20, c. 32, s. 13. Recoreryof 14. \r!y gum which mav bccomc due upon a promissory ■urns due . - . . i .'^ . ■ j? i £ note given to a municipality m payment ot an advance oi fencing material under the provisions of this Act may be recovered from the maker by action or by distraint by the treasurer of the municipality. 1919-20, c, 32, s. 14. 15. Every sum which may be owing to the municipality upon a promissory note given as aforesaid shall, from the time of the advance for which such note was given, be a charge upon the land upon which the fencing material was, according to the application given therefor, intended to be used or upon whicli it was actually used, and the munici- pality shall file a caveat for the protection of such charge in the proper land titles office. 1919-20, c. 32, s. 15. 16 (1) The secretary treasurer shall enter up, in a list to be kept by him for the purpose, all fencing material advances as they are from time to time made, together with the names of the applicants and the lands upon which according to the application such fencing material was to • be used, the promissory notes taken therefor, and all pay- ments made thereon. (2) No ai)plication for fencing material by a tenant or occupant who is not the owner of the land shall be granted unless the application is approved in writing by the regis- tered owner of the land. 1919-20, c. 32, s. 16. Arrears a charge upon the land Record of advances MUNICIPALITIES FENCE AID ( "ap. 106 1825 17. Any j)ersoii who vvitli intent to defraud obtains Penalty fencing material from a municipality under the provisions of this Act, or disposes of fencing material so obtained foi' any purpose other than fencing purposes as specified in his application, shall be guilty of an offence and liable upon summary conviction to a ])enalty not exceeding $100 and in default of payment thereof to imprisonment for a term not exceeding three months. 1919-20, c. 32, s. 17. 18. The secretary treasurer of each municipality advanc- Returns to 1 1 1 • c 1 • A in minister ing money m any year under the authority oi this Act shall, on or before the first day of April in the following year, ])repare and forward to the minister a return showing the names of all persons to whom advances have so been made and the nmounts thereof. 1919-20, c. 32, s. 18. SCHEDULE FORM A. (Section 6) Bylaw No. of A Bylaw relating to Loans for Fencing Material. Under the authority of The Municipalities Fence Aid Act, The Council of the Rural Municipality of No. enacts as follows: 1. This municipality may advance fencing material on credit, for use upon land within this municipality, to farmers resident in this municipality, or in an adjoining munici- pality, who are unable to purchase the same without assist- ance, and the council may, to enable it to make such advances, borrow upon the promissory note or notes of the mimicipality the sum of dollars ($ ) for the purchase of a supply thereof for distribution. 2. The purchase price of all fencing material advanced hereunder shall be secured by promissory notes payable in three equal annual instalments at the office of the secretary treasurer and by the registration of caveats against the lands in respect of which the advances are made. Read a first time at the day of A.D. 19 . Read a second time the day of A.D. 19 Read a third time and passed the day of A.D. 19 (Or, read by unanimous consent of the council and passed at this day of A.D. 19 .) Reeve. [skat.] Secretary treasurer. 1826 Cap. 1<)<» MUNICIPALITIES FENCE AID Cert iii 0(1 a correct copy, Reeve. [sEAjJ Secretary treasurer. FOKAI j;. (Section 6) Notice to Electors. The aboxo is a true copy of bylaw number whieli has boon jiassod by the council of The Tiural .Munici- pality of No. and notice is licroby <:i\('n that unk'ss a poll is demanded as pro- vided in section h of The Municipalities Fence Aid Act prior to the day of 1^ ? the council of the siiid iiiiiiiici|t:dity will apply to the Minister of Ariinicipa] Afi"airs iov the approval of the said bylaw and for his authority to borrow the amotmt therein specified and to ad\'arice fencinj>' material thereunder. Dated at this dav of A.D. I'.t Beei'e. » [seal] • Secretary. {A)id in case n poll is demanded the following notice shall he publish ed :) FOK'M C. (See II on G) The liiii'al ,\l miici|ialily of No. Notice of Pou.. Public notice is hereby iiixcu to the electors of Tiie Pural Municii»ality of Xo. that a poll has been demanded pursuant to section 5 of The Munici- palities Fence Aid Arl iipoii l>yl;iw No. of this muni- cipality intituled ".\ P>ylaw relatinii' to Loans for Fencing MateriaV passed l>v the council and authorising' it to borrow $ for the purpose^ of (mablinsr it to purchase a MUNICIPALITIES FENCE AID Cap. 106 1827 supply of fencing material to make advances thereof to farmers resident within the municipality unable to purchase the same without assistance and that a vote of the electors will be taken upon the said bylaw on the day of 19 , from 9 o'clock a.m. until 5 o'clock p.m. (mountain standard time) at the following polling places, namely: Note. — (Either describe location of each polling place: or if the vote is to be taken at an annual election, simply say : "At the polling places fixed for the regular annual elec- tions.") And take notice further that 1 will at uu the day of at o'clock .m. sum up the votes and declare the result of the voting on said bylaw. Dated at this day of 19 . Returning Officer. CHAPTER 107. An Act to "provide Relief in Local Improvement Districts. HTS ]\rajesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title 1. This Act may be cited as The Local Improvement Districts Belief Act. 1919-20, c. 34, s. 1. Interpretation g^ jjj ^^as Act, unlcss the contcxt otherwise requires, the expression : "Minister- 1. "Minister" means the Minister of Aarriculture. 1919-20, c. 34, s. 2. Advances by 3. Tu locnl improvement districts the minister may make advances of flour, coal and fodder to such farmers therein resident as may be unable to purchase the same without assistance and have become unable to do so through failure of crops or other adverse coiiflitions. 1919-20. c. 34. s. 3. Applications 4. Applications for relief shall be made to the minister in writing in a form approved by him. 1919-20, c. 34, s. 4. Minmier to 5. — f\'^ The minister on makinc; an advance under the tflkf* notes ^ "^ authority of this Act may take from the purchaser a lien note or agreement in favour of the Provincial Treasurer in form approved by the minister, payable on demand, charging the lands of the applicant with repayment of the amounts of the advance and interest thereon at the rate of seven per cent, per annum before and after demand until paid. (2) Where the purchaser is registered owner of land, the lien note shall designate such land either by reference to the certificate of title or by such a description as shall * identify the land; where he is not a registered owner but is the purchaser of land under agreement, or is tenant or occupant, the same form of note may be taken but no par- ticular description shall be required. (3) l^otwithstanding anything in The Land Titles Act, the signature to such lien notp ar agTeement shall be suffi- ciently authenticated if purportinc: to be witnessed by any person acting for the minister. Xo affidavit of attestation shall be required, but the registrar of land titles shall register everv such lien note when so signed and authenticated against the land, if any, specified therein, and he shall also file the same as an execution against all the lands or all the other lands of the lienor in the land registration district. LOCAL IMPROVEMENT DISTRICT RELIEF Cap. 107 1829 (4) Instead of entering a memorandum in the execution docket the registrar may use a separate docket for the purpose. 1919-20, c. 34, s. 5, 6. The Provincial Treasurer may direct the registrar to piacharge of enter a memorandum on the certificate of title to any land '^"^ specified to the effect that the amount charged against the said land for advances under this Act has been paid, and the registrar shall make such memorandum accordingly, and thereupon the lien shall be discharged. 1919-20, c. 34, s. 6. 7. The Provincial Treasurer may direct the registrar of J^Jj^^^fi'^^'^ ''^ land titles to enter a memorandum in the execution docket or in the special docket used for relief liens under this Act, as the case may be, to the effect that the lands of the person named in the notice are released from all liens under this Act, and upon receipt of such notice the registrar shall make the memorandum accordingly and thereafter the lands of the person mentioned shall he released and discharged from all such liens. 1919-20, c. 34. s. 7. 8. All registrations, annotations, memoranda, entries or No charge for other work performed by any registrar of land titles ^g '^^'^ ""* '"^ provided in this Act, shall be done without fee or charge of any kind. 1919-20, c. 34, s. 8. 9. For the purpose of carrying out the provisions of this Reguiationa ^^,. ". If !• and forms Act according to their true intent and of supplying any deficiency therein, the minister may: (a) make regulations not inconsistent with the spirit of the Act which shall have the same force and effect as if incorporated herein; (h) authorise or require the use of forms and from time to time alter, amend or cancel the same and substitute new forms in place of those cancelled. 1919-20, c. 34, s. 9. 10. Moneys expended upon the purposes of this Act shall Con-o'^d^ted be chargeable to and payable out of the consolidated fund. 1919-20, c. 84, s. 11. Section IX EDUCATION CHAPTER 108. All Act to establish and incorporate a University for the Province of Saskatchewan. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. Short title 1. This Act may be cited as The University Act. R.S.S. 1909, c. 98, s. 1. INTERPRET A.TION. Interpretation *i. [n this Act, imloss the context otherwise requires, the expression : • The 1. "The university" means The University of Saskatche- Univer..ity- ^^^ . "The board" 2. "The board" means the Board of Governors of the University ; "The senate- 3, ''The scnato" means the University Senate; "The 4, ''The council" means the University Council; couneir' "The 5. "The registrar" means the Registrar of the University registrar appointed by the board ; "Educational 6. "The cducational council" means the Educational '°"""'" Council provided for by The School Act. R.S.S. 1909, c. 98, s. 2; 1910-11, c. 24, s. 1. CORPORATE POWERS. University of 3. — (1) The uuivcrsity, consisting of a chancellor, con- Sfii=ho.r° vocation, senate, board of governors and council established in and for the Province of Saskatchewan by chapter 24 of the Statutes of 1907, is hereby continued as a body politic and corporate under the name of "The University of Sas- katchewan," and no other university having corporate powers capable of being exercised within the province or any portion thereof shall be known by the same name nor shall any such other university have power to grant degrees except in theology. UNIVERSITY Cap. 108 1831 (2) Save with the authority of the board, no person shall .V?* P'^'^'ds ^ -' . -^ ^ J cc • University" use or adopt m any manner whatsoever the words univer- or "Varsity" sity" or "varsity" either alone or in conjunction with any other word or words as the name of a firm, partnership, corporation, joint stock company or otherwise howsoever as n trading name or as the name of any manufactory or of any article or thing offered or to be offered for sale. (3) Without the assent of the Lieutenant Governor inLVeofword Council, it shall not be lawful for any person or corporation wan" pro- to make use of the word "Saskatchewan" as any part of the name of any school, college, seminary or otlier institution of learning, except in the case of schools established under The School Act. (4) Any person who acts in contravention of subsections ^'^^aity (2) or (3) shall on summary conviction thereof be liable to a penalty not exceeding $100. R.S.S. 1909, c. 98, s. 3; 1910-11, c. 24. s. 2. ^ 4. The university shall have full power and authority to instruction, give such instruction and teaching in the several faculties and granting and different branches of knowledge as may from time to '^^^^^ time be determined by the senate, and to examine candidates for degrees in the several faculties and for certificjites of honour in the different branches of knowledge, and to gram such degrees and certificates after examination in the manner herein provided. R.S.S. 1909, c. 98, s. 4. 5.- — (1) In addition to the powers, rights and privileges Real and vested in corporations by The Interpretation Act, the uni- property versify as such body politic and corporate shall have full power and authority: (a) to acquire by gift, purchase or in any other manner both real and personal property of any nature and kind whatsoever for the uses and purposes of the university, and for such uses and purposes to possess, hold nnd enjoy the same ; (h) to sell, mortgage or otherwise dispose of all or any of its real or personal property and any right, title or interest it may have in, to or out of the same, and to make and execute all necessary and proper conveyances or transfers for carrying the same into effect ; and to lease any of its real property for any ]ieriod not exceeding twenty-one years ; (c) to invest for the benefit of the university all or any sums of money belonging to it and available for investment in any of the following securities : the bonds, stocks, debentures or securities of the Dominion of Canada or of any province thereof or in the debentures of any municipality or school 1832 Cap. 108 university district of or in Saskatchewan or upon first mort- gages of any freehold property in Saskatchewan or in the purchase of rental bearing real estate therein; and to take, hold and dispose of any real or personal property or any interest therein for the purposes aforesaid; (d) to acquire, take and hold all such property both real and personal as shall be bona fide mortgaged, hypothecated or pledged to it by way of security, or conveyed to it in satisfaction of debts previously contracted or purchased at judicial sales upon levy for such indebtedness, or otherwise purchased for the purpose of avoiding a loss to the university in respect thereof. (2) ISTothing in this section contained shall be construed as authorising the uni^'ersity to sell, mortgage or otherwise dispose of any property given, devised or bequeathed to it or held in trust for it contrary to the terms of any gift, devise, bequest or trust with respect to the same. R.S.S. 1909, c. 98, s. 5. Rwiproperty g. j^gg] property which shall at any time be vested in the expropriated university shall not be liable to be entered upon, used or taken by any municipal or other corporation or by any per- son possessing the right of taking lands compulsorily for any purpose whatsoever; and no power to expropriate real prop- erty hereinafter conferred shall extend to such real property unless in the Act conferring the power it is made in express terms to apply to sucli real property. R.w'^.S. 1909, c. 98, s. 6. ' Ejyropriation i. — (1) '\^]^q university shall have full power and oompenaation authority without the consent of the owner thereof or of any I person interested therein to enter upon, take and appropriate all such real property as may be deemed necessary for the purposes of the university, making due compensation there- for to the person or persons entitled thereto. (2) Jn the event of no mutual agi-eement as to the amount of compensation being arrived at within the period of sixty days from the date of such entry, the amount of compensa- tion shall be fixed and determined by two arbitrators one to be appointed by the university and the other by the partv or parties owning the land so taken. (8) The two arbitrators so appointed shall have power to appoint an umpire. (4) The provisions of The Arbitratio7i Act shall apply to and govern such arbitration. R.S.S. 1909, c. 98, s. 7. UNIVERSITY Cap. 108 1833 VISITOR. 8. The 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. K.S.S. 1900, c. 98, s. 8. CONVOCATION. 9. All convocations shall be composed of the chancellor, composition of the senate, the members of the first convocation and all graduates of the university. K.S.S. 1909, c. 98, s. 9. 10. Convocation shall have power: To^'il^^o^tion (a) to make such rules, regulations and bylaws as it may consider requisite for governing its proceed- ings and keeping records thereof; (h) in the case of the absence of the chancellor from any meeting, to elect a presiding officer for such meeting ; (c) to consider all questions affecting the interests and well being of the university, and to make represen- tations thereon to the senate; (d) to fix a fee to be paid by its members to defray the necessary expenses of convocation. R.S.S. 1909. c. 98, s. 10. 11. Convocation shall meet at such times and places and^eeMng^of with such notice as may be fixed by convocation by regula- tions in that behalf, and also when convened by the chan- oe]]nr. E.S.S. 1909, c. 98, s. 11. 12. An extraordinary meeting of convocation shall be Extraordinary called by the chancellor on the requisition of fifteen mem- bers; and such requisition shall state the objects of the meet- ing to be called and no matter shall be discussed at such meeting except the matters for which it was convened. E.S.S. 1909, c. 98, s. 12, 13. At least twenty days' notice of every extraordinary ^,,^ic^ of meeting of convocation shall be given in writing to each n^eeS'""*'' member whose address is known, and the objects of such meeting shall be clearly stated in the notice. R.S.S. 1909. c. 98, s. 13. 14. A true copy of the minutes of the proceedings of every TTanf.in.s^i..» meeting of convocation shall be transmitted without uimeces- " "*"'" " sary delay to the senate. R.S.S. 1909, c. 98, s. 14. 15. All questions shall be decided by a majority of t^'-^*^'^*'^ members present. R.S.S. 1909, c. 98, s. 15. 1834 VotinK Quorum Cap. 108 UNIVERSITY K*. The chancellor or presiding offieer shall be entitled to vote as a member of convocation ; and any question on which there is an equality of votes shall bo deemed to be negatived. E.S.S. 1909, c. 98, s. 16. f^. ISTo question shall be decided at any meeting unless at least twelve members are present. R.S.S. 1909, c. 98, s. 17. Election of chftncellor Wheu office becomes vocant Election to fill vacancy Chancellor to confer dcBTees CIIAIS^CEI.LOR. 18. There shall be a chancellor of the university who shall be elected by the members of convocation in the manner hereinafter provided, and who shall hold office for three years and until his successor is elected. R.S.S. 1009, c. 98, s. 18, 19. If the chancellor ceases to be a resident in Saskatche- wan or becomes ' incapable of 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 oon- cliisivo ov'idoueo thereof. R.S.S. 1909, c. 98, s. 20. ^0. — (1) ill the case of a vacancy iu the office of chan- cellor bv death, resigiiation or anv other cause before the expiration of his term of office, the vacancy shall forthwith be filled at a special election to be held for that purpose and the person elected shall hold office for the unexpired term of his predecessor. (2) Every such special election shall be conducted in the manner provided for the ordinary triennial election, and due notice thereof shall be given to every member of convocation. R.S.S. 1900. C..98, s. 21. ^1. The chancellor shall be chairman of convocation and ;dl degre(>s shall be eonf(M-re(l by him. R.S.S. 1909, e. 98, Absence ft chancellor '*'"" *^"*' ' ''*' ^•'"''^t' shall be composed as follows: 1. The chancellor and the president of the university, all l.eisoiis who at any time have held the office of chancellor, the SiiiK'fiiiteiidenl of Kducjitioii. the clmirrnan of the UNIVERSITY Cap. 108 1835 Educational' Council, the principals of the provincial normal schools at Regina and Saskatoon, the principals of affiliated theological colleges on the university campus, the deans or acting deans of the Colleges of Arts, of Agi-iculture, of Law and of such other colleges as may hereafter be established within the university ; 2. Twelve members to be elected by convocation from the members thereof; 3. The Minister of Education to be ex officio a member. R.S.S. 1900, c. 98, s. 25 ; 1913, c. 52, s. 1. 35. — (1) For the purposes of paragraph 2 of section 24fenaiore eight at least of the twelve members therein referred to shall ff ier^ be resident as hereinafter stated in the districts hereby con- 'i^*"''*^ stituted, that is to say : (a) one member shall be resident in the Regina district consisting of the city of Regina ; (b) one shall be resident in the Moose Jaw district consisting of the city of Moose Jaw ; (c) one shall be resident in the Saskatoon district con- sisting of the city of Saskatoon; (d) one shall be resident in the Prince Albert district consisting of the city of Prince Albert; (e) one shall be resident in the Battleford district which shall be bounded on the south by the northern boundary of township 21, on the east by the third meridian, on the west by the fourth meridian and on the north by the northern boundary of the prov- ince ; (f) one shall be resident in the Yorkton district which shall be bounded on the south by the northern boundary of township 21, on the east by the eastern boundary of the province, on the west by the third meridian and on the north by the northern boundary of the province ; (g) one shall be resident in the Weyburn district which shall be bounded on the north by the northern boundary of township 21, on the east by the line between ranges 12 and 13 west of the second meri- dian, on the south by the international boundary and on the west by the fourth meridian ; (h) one shall be resident in the Moosomin district which shall be bounded on the north by the north- ern boundary of township 21, on the east by the eastern boundary of the province, on the west by the line between ranges 12 and 13 west of the 1836 Cap. 108 UNIVERSITY Tefoi oi office second meridian and on the south by the interna- tional boundary : Provided however that the districts mentioned lu paragi-aphs (e), (/), (g) and (/i) shall be exclusive of the districts mentioned in paragraphs (a), (h) . (c) and (d). {2) Any member of convocation shall have the right to nominate and vote for a duly nominated resident in any district. 1910-11, c. 24, s. 3^. 36. The members of the senate elected by convocation shall hold office for three years. K.S.S. 1909, c. 98, s. 26 (redrawn). When elected member's seat TBoaot 21. If any elected member of the senate resigns, ceases to reside in Saskatchewan or becomes incapable of acting his seat shall ipso facto become vacant and a declaration of the existence of any such vacancy entered upon the minutes of the senate shall be conclusive evidence thereof. R.S.S. 1909, 98, s. 27, ▼acancy in Semite, hotr filled Powers . quorum 56. The members of the board appointed by the Lieuten- Tem. oi Ant Governor in Council shall hold office for three years, appointed by RS.S. 1909, e. 98, s. 56. ' Go^^^ernoT 57. The members of the board appointed bv the senate Term ot »/ niGiiioGrs shall hold office for two vears. R.S.S. 1909, c. 98, s. 57 appointed b> / 1 \ " senate (redrawn). 58. Every member of the board shall hold office until his 'i^erm o: . 1 1* .1 1 1^ • oiEce and successor is appointed and shall be eligible for reappoint- reappointment ment. R.S.S. 1909, c. 98. s. 5S. 59. J 11 the case of a vacancy in the board for any cause vacanciea on whatever the vacancy shall be filled by the Lieutenant Gover- nor in Council or by the senate, as the case may be, in the manner herein provided, and the person appointed to fill such Taeancy shall hold office for the unexpired term of his; pre- decessor. R.S.S. 1909. c. 98, s. 59. 60. The management, administration and control of thep»t»5«<>' rv • . . board property, revenues, business and aiiairs of the university are hereby vested in the board. R.S.S. 1909, c. 98, s. 60. ' 61. The board shall, from time to time and at all times, Powers ot have full power and authority to exercise in the name and for the benefit of the university and as the act and deed of the university any or all of the powers, authorities and privileges by sections 5 and 7 conferred on the university a^ a body politic and corporate, and without in any manner limiting the powers and authority conferred by this Act on the board it shall be the duty of the boarrl nncl it shall have power : (a) to make rules and regtilations appertaining to the meetings of the board and its transactions ; (&) to maintain and keep in proper order and condition such real property as it deems necessary for the uses of the universitv, and to erect and maintain such buildings and structures thereon as in its opinion are necessary and proper ; 1842 Cap. lOS UNIVEKSITY (c) to lay (Hit and (:'X])enJ). — (1) In the event of its being necessary for the uni- \ersity to secure a loan of money for the purpose of pur- chasing or otherwise acquiring any real property for the uses of the university, oi- for the purpose of erecting, rej)air- ing, adding to, furnishing or equipping any building for the uses of the university, it shall be lawful for the Lieutenant Governor in Council to sanction the loan and for and in the name of the province to guarantee the repayment of the principal and the ])ayment of interest, in such form and upon and subject to such conditions and stipulations as to th(! uatur(! and sufficiency of the security to be given for the loan, the safeguards which may be deemed necessary to protect the province against loss and to insure the repay- ment of principal and interest as the same becomes due and otherwise, as to the LicMitenant Governor in Council may seem meet. (2) The board is hereby authorised and empowered to inake and enter into any agreement which it deems necessary for carrying out the ])urposes mentioned in this section and to make and execute in the name of the university all such agreements, deeds and other instruments as are necessary to carrv into effect the provisions of any such agreement. R.S.'S. 1909. 0. 98, s. 69. EXECUTION OF INSTRUMENTS. Execution of written lOitrumfnts ■^O. All transfers, mortgages or other instruments or docu- ments i'e(|uired to l"»e in writing and to which the university is a ])arty shall be deemed to be properly executed by the university if the corporate name and seal of the university is affixed thereto by the l)ursar or acting bursar, and such corporate name and seal are immediately followed on the same page by the official signatures of the bursar or acting bursMi- aiifl the chairman or acting chairman of the board. K.S.S. 1909. c. 98. s. TO; 1910 l'l. c. 24. ~. :.. r\i\KKsiTV ( ap. 108 1845 THE UNIVERSITY COUNCIL. "Jl. There shall continue to be a council for the university ^j,^^^^'*^y under the name of "The TTniversity Council." K.S.S. 1909, continued c. 98, s. 71. 72. The council shall consist of the president, deans, pro- Composition feasors and assistant professors of the university. R.S.S. 1909, c. 98, s. 72. T3. A uui juriiy of the cuuncil shall cnmstitute a quorum Quorum for the transaction of business. R.S.S. 1909, c. 98, s. 73. 74. The president shall be chaii-iiiau <»f the council; in his <^'"^'""=^" absence the council may ai>]i(unt a (4iairman. R.S.S. 1909, e. 98, s. 74. T5. It shall be the dutv of the ronucil and it shall have ^E'or* council power : (a) to make rules and regulations for governing its meetings and proceedings; (h) to appoint the examiners for and to conduct the examinations of all courses, and, subject to the approval of the senate, to determine the results of such examinations ; (c) to deal with and, subject to an appeal to the senate, to decide upon all applications and memorials by students or others in connection with any faculty of the university; (d) to consider and report to the senate upon the courses of study to be provided for the several faculties and departments of the university, and upon such matters aifecting the educational inter- ests and well-being of the university as may seem meet ; (p.) generally to deal with or report upon all such mat- ters as are assigned or referred to it by the board or by the senate, provided that such matters fall within the powers of the board or senate as con- ferred by this Act. K.S.S. 1909, c. 98. s. 75. rOLT-ECrK OF AGRICULTUKK ADVISORY COUNCIL. 76.-^—0) There shall be an advisory council for the ^f"™^'^^*>*»° College of Atificulture consisting of eleven members to be counrii selected and To bob! office as follows: (a) the convention of a2:ricultural societies of Saskat- (•lic\v;i!i iii;iy .iiiuuany elect two members; 1846 Cap. 108 UNIVERSITY (b) the Lieutenant Governor in Council shall appoint two members and the board of governors shall appoint one member, such members to hold office for such time not exceeding two years as may be determined ; (c) the Minister of Agriculture, the president of the university, the dean of the Agricultural College and the respective presidents of The Saskatchewan Grain Growers' Association, the Winter Fair Board and the Union of Rural Municipalities shall be ex officio members of the council. (2) Each member elected pursuant to clauses (a) and (b) of subsection (1) shall hold office for one year from the first day of May next following his election or until his successor is elected. 1910-11, c. 24, s. 6. !kleetinga Daties and powers 77. The council shall meet at such times as it shall deter- mine; the council shall also elect a chairman and a secretary. 1910-11, c. 24, s. 6. 78 (1) It shall be the duty of the council and it shall have power : (a) to inspect the grounds, buildings, equipment, accommodation for students and the work of the College of Agriculture; (h) to consider all general regulations or statutes of the university respecting or governing the work to be carried on by the staff of the College of Agri- culture, including the extension work of the college ; (c) to inquire into and discuss the plans and means to be adopted to secure to the people of the province the greatest possible advantage from the College of Agriculture ; (d) to report annually to the senate and the board of the university on all matters which come within its jurisdiction as herein set forth, and to furnish the Lieutenant Governor in Council with a copy of such report. (2) The members of the council shall be allowed such expenses for travelling as may be determined by the board of governors. 1910-11, c. 24, s. 6. PRESIDENT .OF THE UNIVERSITY. President 79. There shall be a president of the university who shall have "-eneral supervision over and direction of the 'academic work of the university and the teaching staff and student bodv thereof and the officers and servants employed in or in connection with such work including the registrar of the UNIVERSITY Cap. 108 1847 university, and shall also have such other powers and perform such other duties as are conferred upon or assif^ned to him by the board. R.S.S. 1909, c. 98, s. 76. Duties 80. It shall be the duty of the president and he shall have power: (a) to call meetings of the board and council in accord- ance with their respective regulations in that behalf ; (&) to sus])end any member of the teaching staff of the university and any officer or servant thereof, and whenever he shall exercise such power he shall forthwith report his action to the board with a statement of his reason therefor ; (c) to make recommendations to the board respecting the appointment, promotion or removal of any member of the teaching staff of the university or any of the officers or servants thereof; (d) to report upon any matter that may be referred to him by the senate, board or council ; (e) to summon meetings of the teaching staff" of the university whenever he deems it necessary to do so and to take the chair at any such meeting; (/) to report annually to the senate upon the progress and efficiency of the academic work of the uni- versity and as to its progress and requirements and to make such recommendations thereon as he deems necessary. R.S.S. 1909, c. 98, s. 77. 81. Whenever there is a vacancy in the office of president yaoancy the board may appoint someone to act pro tempore, and the person so appointed shall while holding office exercise all the powers and functions conferred by this Act upon the president. R.S.S. 1909, c. 98, s. 78.' REGISTRAR. 82 (1) There shall be a registrar of the university to Registrar be appointed by the board, and it shall be his dntv to keep all necessarv records and to perform such otlicr duties as are required of him by the board or council. (2) The registrar shall hold office during the pleasure of the l>oard and shall be paid such remuneration as shall be determined by the board. (3) In the event of the disability or absence from the province of the registrar, the chancellor may appoint some other person to act as registrar during such disability or absence. 1848 (•:t|). 108 UNIVERSITY (4) The acting registrar shall during such disability or absence jierforui the duties mid have all the powers of the registrar. RS.S. 1009, c 08, s. 70: 1010-11, c. 24, s. 7. Bursa r BURSAR. S.*:J. rile board uiav a|>|ioint a bursar or acting bursar \vhos(> duty it shall bo to kcej) the accounts of the university and pei'forni the duties assigned to the bursar by sections 68 and 70 and such other duties as the board may require of him. 1910-11, c. 24, s. 8. AFFILIATION OF NORMAL SCHOOLS AND COLLEGIATE INSTITUTES. AfBliatiouH: o( normal Mhools 84. Any noriual school organised by the Department of Education for the instruction and training of teachers in the science of education and the art of teaching may be affiliated with the university upon such terms and conditions not repugnant to any law or system of education in force in the province as the genate may think fit: Provided that the terras and conditions of the affiliation of any such normal school shall be subject to the approval of the Lieutenant Governm- in rouncil. R.S.S. 1909, c. 98, s. 80. i^tut.S*** ^^' Every collegiate institute and high school established in the province under the provisions of The Secondary Edu- cation Act shall be affiliated with the university upon such terms and conditions as may be determined, by the senate with the a])proval of the Lieutenant Governor in Council; and, notwithstanding any provision contained herein to the contrary, it shall be lawful for the senate by statute to make such ])rovision as it deeuis advisable for a representative of such collegiate institutes and high schools on the senate and for the election of such representative by the principals and assistant teachers of such institutions. R.S.S. 1909, c. 98, s. 81; 1910-11, c. 24, s. 9. Of any pro- feeaional society 86. Any professional society established in the province and incor])orated by a provincial statute may be affiliated with the university upon such terms and conditions as may be determined by the senate with the approval of the Lieu- tenant Governor in Council; and, notwithstanding any pro- vision contained herein to the contrary, it shall be lawful for the senate by statute to make such provision as it deems advisable for a representative of each affiliated professional society in the senate, and for the selection of such represen- tative. 1018. c. 52, s. 2. UNIVERSITY ('ap. 108 1849 INSTKUCTION. ^"4. Instruction in the univcu'sitv shall be ()|)en lo ever} Ill^<|^M<■tion regularly matriculated student thereof who is duly enrolled in the university or in any institution affiliated therewith and who shall have entered his name with the registrar of the university, and every such student shall be required to pav such fees as are fixed hv the Ixiai-'l. Tv.S.S. 1000. c. OS, s. 82. MORAL CONDUCT. 88. — (1) No religious test shall he retiuired of anv pro- ps"'«»*'°°» 1 pr. . . ■ . '•"' moral fessor, lecturer, teacher, officer or servant of the university '""''"ct or of any student thereof or therein, nor shall religious observances according to the forms of any religious denomina- tion or sect be imposed on them or any of them; but the council may make regulations touching the moral conduct of the students and their attendance at public worshi]) in their respective c^iurches or other places of religious worship according to their respective forms of religious faith, and every requisite facility shall he afforded for such ])urposes: Provided always that attendance on such forms of religious observance shall not l)e compulsory on any student attendimr th(^ university. (2) Nothing in this section contained shall interfere with the right of any affiliated college to make such jirovisions in regard to religious instruction and religious worship for its own students as it deems pro})er, and to require the same to be observed as a jinrt of its own discipline. E.S.S. 1009. c. 98. s. 83. EDUCATION OF WOMEN. 89. The senate shall make full ])rovision for the education Education ot A •,! ••(• 1 •,! 1 women of women in the university m such manner as it deems most fitting : Provided, however, that no woman shall by reason of her P"-"vis<. sex be deprived of any advantage or privilege accorded to male students of the university.' E.S.S. 1909. c. 98. s. 84. ATTENDANCE AND ENROLMENT OF STUDENTS. 90. All students proceeding to any degree (except in cases Enrolment of for which special provision shall be made to the contrary by8*»dents statute of the senate) shall be enrolled in the university or in an affiliated college or institution. R.S.S. 1909. c. 98, 8. 85. 91. Persons who have not received their instruction in Examination* the university, or in any affiliated college or institution, may students * be admitted as candidates for examination for standing or for any degrees, honours, scholarships or eertifieates of pro- 1850 Cap. 108 UNIVERSITY .. ficiency authorised to be granted or conferred by the uni- versity, on such conditions as the senate may from time to time determine. E.S.S. 1909, c. 98, s. 86. Examinations eubsequent to matricula- tion Standing granted in certain cases •■■11 0*2. No student in the university or in any affiliated college or institution shall be permitted to present himself for any university examination subsequent to that of matriculation without producing a certificate that he has complied with the requirements of such university, college or institution affecting his admission to such examination. R.S.S. 1909, c. 98, s. 87. , 1 . ,, 93. The council may, upon application in that behalf under such conditions as it may from time to time determine, allow to persons holding certificates of having passed other examinations such standing thereon as it thinks fit. R.S.S. 1909, c. 98, s. 88. MAINTENANCE OF UNIVERSITY. ^^*vM8?ty •^"^' ^''^'' '^^ purpose of making provision for the main- tenance and support of the university, there shall be paid annually to the board: 1. Out of the consolidated fund of the province: (a) such sum as may be appropriated by the Legis- 1! I-' lature for that purpose; (h) a sum equal to thirty-three and one-third per centum of the net receipts of the province for the current year under 21ie Succession Duty Act; (c) a sum equal to twenty-five per centum of the net receipts of the province for the current year under The Corporation Taxation Act; 2. Out of the fund created by The Supplementary Revenue' Act five per centum of the net moneys on hand and to the credit of the fund after the close of a fiscal year of the province. R.S.S. 1909, c. 98, s. 89 ; 1913, c. 52. 'ss. 3 and 4; 1919-20, c. 35, s. 1. Fees payable to the board 05. All fees shall be payable to the board and shall be carried to one general fee fund which shall be available for any of the expenses of the university. R.S.S. 1909, c. 98, 9. 90. 1! ]rAy. M I GENERAT- PROVISIONS. Exemption 9(). The property real and personal of the university shall not be liable to taxation for provincial, municipal or school purposes, but shall be exempt from every description of taxation. R.S.S. 1909, c. 98, s. 92. UNIVERSITY Cap. 108 1851 SCHEDULE FORM A. (Section JfS) Voting Paper. (Name of Place and Dale.) To the Registrar, The University of Saskatchewan. Sir, — I hereby notify you that I vote for the following person as chancellor for The University of Saskatchewan, namely : and for the following persons as members of the senate of such university, namelv : Name of Voter. (Statement for' information of voter ivhich may be detached.) The offices to be filled are : Names of persons whose offices are expiring: Names of persons nominated: Date of election : Directions. Votes shall be given by voting papers inclosed in envelopes marked on the outside "ballot papers" which shall be delivered or if sent by mail shall be received before ten o'clock of the afternoon of the day fixed for the election, and every voting paper which has not been furnished by the registrar and which is not so delivered or received as aforesaid shall be invalid and not counted. Registrar. Address. CHAPTER 109. An Act to provide for the Organisation and Main- tenance of Secondary Educational Institutions. H TS j\rajesty, by and with the advice and consent of the T J 'iz'i'^lr) five Assembly of Saskntehowan, enacts as follows: Short titlo SHOET TITLE. 1. This Act may be cited as The Secondary Education Act. R.S.S. 1900. c. 99, s. 1. Intreprpl.'i- lion "Average attendMiice' '•Boiinl" "CcMiiicil" " Depurt- ment" "District" '■ Educational council" "High school" " Minister" "Permanent improvement-H' "I'.-r ,li. ' ■ lieaidcut rntppayer" INTERPRETATION. 3. In this Act, nnless the context otherwise requires, the expression : 1. "Average attendance" means the attendance of pupils for any school term as ascertained by dividin^^ the aggregate days attendances of all pupils enrolled during such term by the total number of teaching days school was actually in operation during the term; 2. "Board" means the board of trustees of any high school district ; 3. "Council" means the council of any town or city muni- cipality; 4. "Department" means the Department of Education; 5. "District" means any high school district organised under this Act ; 6. "Educational council" means the Educational Council a|)i)ointcd under the provisions of The School Act; 7. "High school" includes collegiate institute; 8. "Minister" means the Minister of Education; 9. "Permanent improvements" means the purchase or rental of a S(diool site, the erection or rental of a school house or the enlargement or improvement of both or either of them, the erection of fences, outbuildings and gymnasiums or the ])urchase of school furniture, maps and apparatus, library and all other appliances required by the regulations of the de|)nrtment ; 10. "Per diem" means for every teaching day a high school is in actual operation, and does not include Saturday, Sun- day or any holiday on which the schools organised under this Act are required to be closed; 11. "Pesidont ratepayer" means any person of the full age (if l\ventv-one years actiially residing within the high school SECONDARY EDUCATION (up. I <){> 1853 district and whose name appears on the last revised voters' list of the municipality in which such district is established ; 12. "Teacher" means a person holdinf? a valid certificate "Teacher- of qualification to teach in a high school as prescribed by the regulations of the department governing high schools. K.S.S. 1909, c. 99, s. 2; 1917 (sess. 2), c. 31. s. 1; 1918-19, c. 47, s. 2. DErARTMENTAL CONTROL. 3. The department shall have the control, management ;[^Xo{,°'«1»^ and supervision of all secondary educational institutions >""**♦"*'■<"« organised and maintained under and in accordance with the provisions of this Act. R.S.S. 1909. c. 99, s. 3. REGULATIONS. 4. Every such institution shall be subject to such regula- 'ie?"'atioM tions of the department as are approved by the Lieutenant Governor in Council in that behalf: Provided that no such regulation shall be adopted, amended or repealed until it has been referred to the Educa- tional Council for its discussion and report. R.S.S. 1909, c. 99, s. 4. POWERS OF MINISTER. 5. The minister shall have power : ministlr"^ 1. To appoint one or more persons to inquire into and report upon any appeal, complaint or dispute arising from the decision of any board, inspector or other official of any high school, or upon the financial or other conditions of any high school district or upon any matter pertaining to the well being of a high school; and such person or persons shall have power to take evidence under oath; and the minister, upon receipt of such Teport shall make such order thereon or render such decision as to him seems proper, which order or decision when given shall be final and binding on all parties concerned ; 2. To appoint some person to call any meeting or do any other thing required to be done under this Act, whenever the person whose, duty it is to call such meeting or do such other thino; neaiects or refuses to do so ; 3. To authorise lists of text and reference books, equip- ment and apparatus for the use of pupils and teachers : Provided that such authorisation shall not issue until the said lists have been referred to the Educational Council for discussion and report ; 4. To suspend or cancel for cause the certificate of any high school teacher ; 1854 Cap. lOJ) ,. SECONDARY EDUCATION Course of «tiidv 5. To make any provision not inconsistent with the provi- sions of this Act that may bo necessary to meet exigencies under its operation. R.S.S. 1909, c. 99, s. 5. COURSE OF STUDY. *>. The course of studies for high schools shall be fixed by i-egiilations of the department, and shall include instruction in English, histor\. mathematics, ancient and modern languages, the natural sciences, connnercial work, agricul- rure, household science, manual, industrial and physical training, music and art, and sucli other subjects as may from time to time be determined upon. 1 917 (sess. 2). c. 31, s. 8; 1919-20, c. 36. s. 2. When high Bchool may rank as collegiate institute Establish- mmt of high •cboo] district COLLEGIATE INSTITUTES. 7.— (1) During the month of July or August in any year I he board of any district may apply to the department to have its high school raised to the rank of a collegiate insti- tute, and such collegiate institute may be established by order of the Lieutenant Governor in Council provided it is satis- factorily shown: (a) that the average attendance of pupils above grade VIII attending the high school for the tw^o terms next preceding the date of application was at least seventy-five, and that during such terms at least four duly qualified teachers were regularly employed ; (h) that the board has provided or is prepared to pro- vide within one year accommodation suitable for the pupils and staff of a collegiate institute satis- factory to the minister; (c) that all reg-ulations of the department with respect to collegiate institutes have been complied with. (2.) Subject to the approval of the minister, a high school that fails for any year to comply satisfactorily with the rcxpiirements of the department, may on the report of the inspector forfeit the grants to which it would be entitled for such year. (3) Before any high school shall undertake to give instruction in the work of the fourth year as prescribed by tlic regulations governing high schools, there shall bo at least three members regularly employed on the teaching staff or suoh school. 1910-11, c. 25, s. 1; 1917 (sess. 2), c. 31, <. \ ■ 1918-19, c. 47, s. 3. HIGH SCHOOL DISTRICTS. 8. — (1) Any town or city municipality may be established ;■., a high school district provided that: SECONDARY EDUCATION Cap, 109 1856 (a) at the time of the receipt of the petition for such establishment there are at least five teachers regu- larly employed in .the schools situated within the inunicipality and organised under the provisions of The School Act; {b) within a period of two years prior to the receipt of such petition no other high school district has been established within a distance of forty nailes from the municipality as measured by the nearest road allowances ; (c) it is shown to the satisfaction of the minister that if the district is established there will be in attend- ance at the high school an average of at least twenty-five pupils above grade VIII. (2) Upon the receipt of a petition in that behalf signed by at least twenty persons residing within a town or city municipality the council of such town or city municipality may pass a bylaw for the establishment of a high school within the municipality and for declaring such municipality to be a high school district: Provided that no such bylaw shall be finally passed until the council has received from the department a certificate to the effect that the conditions referred to in subsection (1) exist and that the passing of the bylaw may be proceeded with. (3) A certified copy of every such bylaw shall forthwith after its passing be transmitted to the department for the consideration of the Lieutenant Governor in Council, and if satisfied that the provisions of this Act have been substan- tially complied with the Lieutenant Governor in Council shall by order approve the bylaw, determine the date upon which the district shall be deemed to be established and fix the time on, from and after which the district shall be entitled to such grants as are provided by this or any other Act : Provided that in all cases such time for the payment of grants shall be fixed as either the first day of January or the first day of July, as the case may be, next following the date of the receipt of the bylaw by the department. (4) ISTotice of the establishment of every high school dis- trict shall be published in The Saskatchewan Gazette; and such notice shall be conclusive evidence of the establishment of the district and that all the necessary formalities have been complied with. (5) The limits of every high school district when first established shall conform to those of the town or city muni- cipality in which such district is established, and whenever the limits of any such municipality are added to, diminished or otherwise altered the limits of the high school district 1856 Cap. 109 SECONDARY EDUCATION shall 1)0 deemed to be similarly added to. diminished or otherwise altered. 1910-11, e/25, s. 2; 1017 (sess. 2), c. 31, s. 5. Trustees of district a oorporation Board of five membere Qualification 9. — (1) The trustees of everv a corporation nnder the name of Collegiate Institute) Board," prefixing to high school district shall be "The High School (or the term "high school" or "collegiate institute" the name of the munici- pality within which such high school or collegiate institute is situated. (2) The corporation shall have a common seal and shall possess and exercise all the powers vested in corporations by The Interpret at io7i Act so far as the same are necessary for carrying out the provisions of this Act. Tl.S.S. 1909, c. 99, s.'9. HIGH SCHOOL TRUSTEES. 10. Every high school board shall consist of five members who shall hold office until their successors are elected. R.S.S. 1909, c. 99, s. 10. 11. Every resident ratepayer shall be qualified to serve as a nioniber of the board. "R.S.S. 1909. c. 99, s. 11. First election ^2. Upou the establishment of a district the first election of trustees shall be held at such time and place as shall be determined by the council, and the nomination and election of trustees shall be conducted in the same manner as muni- cipal nominations and elections of councillors or aldermen, as the case may be ; and the provisions of the municipal law respecting the time for receiving nominations and for open- ing and closing the poll, the qualifications of voters, the mode of voting, corrupt or improper practices, vacancies, declarations of offic(> and all other ])roceedings and things incident to the election shall mutatis mutandis apply to the election of such trustees. K.S.S. 1909, c. 99, s. 12.' Term of office 13. At the first election of trustees the three who receive the highest nniiiber of votes shall be declared elected t(» hold office till January first of tbe third year next following their election and the tw^o who receive the lowest number of votes till January first of the second year next following their elec- tion, and thereafter everv trustee elected shall hold ofbc(> for two vears. R.S.S. 1909! e. 99, s. 18. Equul'ty of votes 14. If at any election, by reason of an e(juality of votes or for any other cause, there is any doubt as to the term of office of a tru.stee elected the matter shall be decided by the order of nomination, the per.son or persons first nominated beinu- entitled to sit for the longer term. K.S.S. 1909. o. 99, s. 14. SECONDARY EDUCATION ("ap. 109 1857 . 15. The board of every district shall, on or before the Notification '^ . . ' . . 1 and fillice fifteenth day of November m each year, give notice to the of vacancies council of the number of vacancies to be filled to make the board complete for the succeeding year, and upon receipt of such notice the council shall take such steps as are necessary to provide for the nomination and election of trustees which shall be held at the same time and place and by the same returning officer or officers as in the case of municipal elec- tions, and in all other respects the election of such trustees shall be conducted in the manner provided by section 12. RR.S. 1909, c. 99, s. 15. 16. Any trustee wishing to resign may do so by sending Resignations notice in writing to the chairman or secretary of the board, and every such resignation shall take effect from the date of the receipt of such notice. K.S.S. 1909, c. 99, s. 16. 17. — (1) Any trustee who is convicted of any indictable i)i«qu8iifica- offence or becomes insane, or absents himself from three con- secutive meetings of the board without being authorised by resolution of the board so to do, or ceases to be a resident ratepayer of the district, shall ipso facto vacate his seat and the remaining trustees shall declare his seat vacant and forth- with notify the municipal council. (2) The council, upon receipt of any such notice as aforesaid, shall forthwith take such steps as are necessary to fill the vacancy, and the election for this purpose shall be held and conducted in the manner provided by section 12. (3) Every trustee elected under the provisions of sub- section (2) shall hold office for the unexpired term of his predpcessor. E.S.S. 1909, c. 99, s. 17. ORGANISATION OF BOARD. 18. The first meeting of the board of any district shall be Fir>t held within ten davs after the date of the first election, at mcpting such time and place as may be determined by any three trustees, and the two remaining trustees shall be given at least two clear days' notice in writing of the time and plafc of such meeting. E.S.S. 1909, c. 99, s. 18. 19. An annual Meeting of every board shall be held within Anuuai the first ten days of January in each year, at such time and place as shall be fixed by resolution of the board. R.S.S. 1909, c. 99, s. 19. 30. Every first meeting and every annual meeting of the Appointment , 1 1 Ti 1 '111 • c 1 "" • ol chairman board shall be organised by the appointment ot a chairman, rn,.! secretary who shall be a member of the board and a secretary and treasurer or secretarv treasurer. R.S.S. 1909, c. 99, s. 20. 185S Cap. 109 SECONDARY EDUCATION IrchnCrLln"^ 21. The cliainiiaii appointed at every first meeting shall hold office till the date of the next following- annual meeting of the board, and each of his successors shall hold office for a p(;riod of one year : Provided that npon the expiration of his term of office any chairman may ho reappointed. R.S.S. 1909, c. 99, s. 21. Term of oflBoe of secretary 22. Every secretary, treasurer or secretarv treasurer shall hold office duvinii' the pleasure of the board. K.S.S. 1909, c. 99, s. 2-2. Quorum 2',^. A inajurilv of the board shall constitute a quorum. R.S.S. 1909, 'c. 99, s. 23. ^°*'°* 34. At all meetings of the boai'd all (luostions shall be decided by the majority of the voters, and the chairman or presiding officer shall have the right to vote, but in the case of an equality of votes the question shall be decided in the negative K.S.S. 1009, c. 99, s. 24. Quest ii>na submitted 35. All questions shall be submitted to the board on the motion of the chairman or anv other trustee, and no seconder shall be required. E.S.S. 1909, c. 99, s. 25. Validity of acts 2G. ISTo act or proceeding of any board shall be deemed valid or bindin<>' on any party which is not adopted at a regular or special meeting of the board at which a quorum is present. R.S.S. 1909, c, 99, s. 26. Duties and powers of board nrriKs ok trustees and their ofeicers. 37. It shall he the duty of every board and it shall have power : (a) to fix the times and places of its meetings and the mode of calling and conducting the same; (6) to make due provision for the keeping of a full and accurate record of its proceedings, transactions and finances; (c) to purchase, rent or otherwise acquire all such grounds, buildings and other property as is necessary for the uses of the high school ; (d) to build, add to, repair, alter or otherwise improve the school house or other buildings required for high school purposes, and to see that the grounds and ])remises are duly protected and kept in a proper sanitary condition ; (e) to provide from time to time ar revuired suitable furniture, equipment and apparatus; SECONDARY EDUCATION Cap. 109 1859 (/) to fix the fees to be paid by the parents or gnardians of pupils attending the high school as well as the times for the payment of such fees, and when deemed advisable to sue for and recover anv fees remaining unpaid; {g) to give the necessary orders upon the treasurer for the payment of accounts against the board; {h) to require the treasurer to furnish a guarantee bond from any guarantee company authorised to do busi- ness in Saskatchewan, to the amount of any moneys for which the treasurer may at any time be respon- sible ; (t) to require that all the funds of the district shall be kept in a chartered bank to be paid out by cheques to be signed by the treasurer and chairman of the board or such other member of the board as may be designated by the chairman; ij) to suspend or expel from school any pupil who upon investigation by the board is found to be guilty of conduct injurious to the welfare of the school; and to expel any pupil whose parents or guardians refuse or neglect to pay the tuition fees of such pupil after reasonable notice ; (A-) to appoint and remove such teachers, officers and servants as they deem expedient, and to fix their salaries and prescribe their duties; {I) to provide adequate accommodation for all pupils who present themselves for admission to the high school ; (w) to prepare and transmit to the department such annual, term and other reports and returns as are from time to time required by the minister; (n) to see that the high school is conducted according to the provisions of this Act and the regulations of the department ; (o) to appoint at its first meeting in each year or within two months thereafter one or more auditors, but no one who then or during the preceding year is or was a member of the board or is or was treasurer or 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 employment with or on behalf of the board (except as auditor) shall be appointed: Provided that an incorporated company or a partnership may be appointed as auditor; 1860 Cap. 109 SECONDARY EDUCATION and generally to do all such tbings not inconsistent herewith as shall promote the interests of the high school. E.S.S. 1909, c. 99, s. 27; 1912, c. 33, s. 1. Annual etatemoiit 28. On or before the first day of March in each year the treasurer shall prepare a statement showing the receipts and expenditures, assets and liabilities of the district for the financial year ending on the thirty-first day of December of the preceding year; he shall deliver the said statement to the chairman of the board who shall lay the same before the hoard at its next meeting; and the board shall on or before the first day of April in each year cause the said statement to be published in some newspaper published in the city or 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 statement to be forwarded to the minister. 1912, c. 33, s. 4. Manual train! nc 39. The board of every high school district, subject to such regulations as may be approved by the minister in that behalf, shall have power to make such provisions as it deems advisable for giving instruction in its school in manual training, domestic science and physical training. 1910-11. c. 25, s. 3. ANNUAL MEETING. Annual meeting of ratepayera 30. An annual meeting of the ratepayers of every district shall be held at the same time and place as is appointed for the nomination of councillors or aldermen, or at such other time within five days before or after the said date as may be fixed bv resolution of the board of which due notice shall be given by advertisement in some newspaper published in the district. R.S.S. 1909, c. 99, s. 28; 1912, c. 33, s. 2; 1919-20, c. 36, s. 3. Minutes ol mectinn 31. At the time fixed for the commencement of the meet- ing the chairman of the board shall take the chair and call the meeting to order, and the secretary of the board or some one appointed by the chairman shall record the minutes of the meeting. R.S.S. 1909, c. 99, s. 30. ProceedinpM 32. After the meeting is organised the chairman shall call upon the secretary to read the following statements and reports which shall be considered and disposed of by the meeting: 1. The principal's report, giving particulars regarding the attendance of pupils, their classification, examinations, the staff, equipment, apparatus and other matters relating to the general standing and efficiency of the school; SECONDARY EDUCATION Cap. 109 1861 2. The treasurer's financial statement giving an abstract of the receipts and expenditures of the district for that por- tion of the fiscal year ending on the thirty-first day of October next preceding the annual meeting; 3. The auditor's report; 4. The inspector's report; 5. The board's report setting forth its operations during the year and containing such further statements in relation to the affairs of the district as are deemed advisable. R.S.S. 1909, c. 99, s. 31 ; 1912, c. 33, s. 3; 1912-13, c. 34, s. 1. 33. After disposing of the several reports and statements New buainen referred to in section 32, it shall be in order for the meeting to discuss any matter relating to the affairs of the district or the well being of the high school and to take such action thereon as is deemed necessary. R.S.S. 1909, c. 99, s. 32. FISCAL YEAE AND AUDIT. 34. The fiscal year of every district shall terminate on Fiscal year the thirty-first day of December and within fifteen days"" thereafter it shall be the duty of the auditor to audit the books and accounts of the district. R.S.S. 1909, c. 99, s. 33 ; 1910-11, c. 25, s. 4; 1912, c. 33, s. 5. HIGH SCHOOL SITES. 35. The board of every district shall have power to select Selection o( such site or sites for high school purposes as thev think fit. R.S.S. 1909, c. 99, s. 34. 36 — (1) The board of every district shall have full Expropnation ^ ' . . , "^'t ^ and compenaa- power and authority without the consent of the owner t"on thereof or of any person interested therein to enter upon, take and appropriate all such real property as may be deemed necessary for the uses of the district, niakina; due compensation therefo)- to the person or persons entitled thereto. (2) In the evt-nt of no mutual agTcement as to tlie amount of compensation being arrived at within the period of sixty days from the date of sucli entry then in that event the amount of compensation shall be fixed and determined by two arbitrators one to be appointed by the board and the other by th(> party or parties owning the land so taken. (3) The two arbitrators so appointed shall liave power to appoint an umpire. (4) The provisions of The Arbitration Act shall apply to and govern such arbitration. R.S.S. 1909, c. 99. s. 3.5. 1862 Cap. 109 SECONDARY EDUCATION Estimate:* tr> pouneil ASSESSMENT AND TAXATION. 37. The board of every district shall, on before the first day of August or at such other time as may be required by rhe council, apply to the council for such sum of money as is estimated to be required for the maintenance of the high school for the twelve months next following the date of such application, exclusive of all fees and other revenues estimated to be collected or due to the district; and for s^":ih additional sum as is deemed expedient for pernniT^r :it improvements foi- the same period of time U'-'- -lAceeding five hundred dollars. R.S.S. 1909, c. 99. 6. 36. High scboul THte impospfl .*58. Upon receipt of the amount of the estimate or esti- mates mentioned in section 37, it shall be the duty of the council to make provision for the payment of the same by the imposition of a tax 1o 'oe known as the high school rate and from time to time as such rate is collected to pay the same over to the treasurer of the district. R.S.S. 1909, c. 99, Assessment und collec- tiOH 39. In every district the high school rate shall be assessed on the same property throughout the district as the general taxes for municipal purposes are assessed, and such rate shall be levied and collected at the same time and by the same persons and in the same manner as in the case of levy and collection of general taxes for municipal purposes and as though such rate formed a part thereof; and all provisions of the law from time to time in force in the municipality relating to assessment and collection of such taxes shall apply in every particular to the said high school rate: Provided that in the tax rolls and records of every munici- pality a separate and distinct account shall be kept of all taxes levied, collected and paid under the provisions of this Act. R.S.S. 1909, c. 99, s'sS. Borrowing for current expenditures BORROWING POWERS OF BOARD. •40. The board of any district may by resolution authorise its chairman and treasurer to borrow from any person, bank or corporation such sum as may be required to meet the expenditures of the district until the taxes for the current year are available. Such loan shall be repaid out of and shall be a first charge upon the taxes collected for the year in which the loan was made, and may be secured by a promissory note or notes of the chairman and the treasurei given on behalf of the board. 1918-19, c. 47, s. 5. LOANS FOR I'ER^tANENT IMPROVEMENTS. Borrowing 41. Should it appcar desirable to the board of any district Icr permanent i r _ ^^ improvement- ^jj^t R sum of moucy cxcccding five hundred dollars should .sK(;oNDARY EDUCATION Cap. 109 1863 be raised for permanent improvements, it shall petition the council to furnish the board with the desired sum; and upon the receipt of such petition, it shall be the duty of the coun- cil forthwith to take all necessary steps as hereinafter set forth to furnish the board with the sum petitioned for. R.S.S. 1909, c. 99, s. 40.' law 43. — (1) The required sum shall be borrowed by theByia council upon the authority of a bylaw and upon the security ^""^""^ of debentures as hereinafter provided. (2) It shall be the duty of the council within a period of ten days from the receipt of the petition referred to in sec- tion 41, to take such steps as are necessary to have the said bylaw submitted to the ratepayers without any undue delay. R.S.S. 1909, c. 99, s. 11 ; 1912-13, c. 34, s. 2. 43. Every bylaw for the purpose of borrowing any such Bylaw sub- sum of money shall, before the final passing thereof, be sub- j^tepayers mitted to and receive the assent of a majority of the rate- payers voting thereon. R.S.S. 1909, c. 99, s. 42. 44. Such sum may be borrowed by the council in the Procedure • ^ c .1 c J 1 for borrowing same manner as moneys required lor the purposes oi the municipal corporation, and the provisions of the appropriate municipal Act shall, in so far as applicable and not incon- sistent with the provisions of this Act, apply to bylaws for borrowing money under this Act and to the issue and form of debentures therefor, including the countersigning of such debentures by the Minister of Municipal Affairs. 1918-19, c. 47, s. 6 ; 1919-20, c. 36, s. 4. 45. Every such bylaw, which has been approved by a Bylaw majority of the qualified persons voting thereon, shall within ^^'^ one month thereafter be passed by the council which sub- mitted the same. 1918-19, c. 47, s. 6. 46. After the debenture bylaw has been finally passed P'^tit'^o^^fo'" the board may petition the council to raise by way of a tern- loan porary loan, in anticipation of the issue or sale of the deben- tures authorised by the bylaw and for the purposes thereby authorised, a sum or sums not exceeding in the aggregate eighty per cent, of the total principal sum authorised to be raised, and upon receipt of such petition it shall be the duty of the council to take the necessary steps to furnish the board with the sum or sums petitioned for. 1912-13, c. 34, s. 3. 47. The debentures to be issued by the municipal corpora- ophentures. tion to secure repayment oi the said sum and interest snail rateable be and constitute a charge on the whole rateable property in the municipality, and the council shall have power from time to time as in the case of other debenture indebtedness 1864 Cap. 109 SECONDARY EDUCATION No property •sempt to assess, levy and collect all moneys necessary to meet the indebtedness incurred by the issue of the said debentures. E.S.S. 1909, c. 99, s. 46. 48. No municipal bylaw hereafter passed for exempting any portion of the rateable property of a municipality from taxation in- whole or in part shall be held or construed to exempt such property from the high school rates provided by this Act. KS.S. 1909. c. 99, s. 48. Admissioti of pupib Free admission ADMISSION OF PUPILS. 49. Every high school shall be open to the admission of every pupil whose parents or guardians are resident in Sas- katchewan and who has the necessary qualifications for admission as prescribed by the regulations of the department. R.S.S. 1909, e. 99, s. 49."^ 50. Every pupil, whose parents or guardians reside within Saskatchewan but outside the limits of any town or village school district, shall be admitted to a high school without being required to pay tuition or other fees. R.S.S. 1909, c. 99, s. 50. Admiesinn feee Teacher'a salary 51. In the case of pupils whose parents or guardians are residents of any town or village school district the board may charge such fees as they deem expedient: Provided that such fees shall not exceed $1 per month per family and shall be payable in advance. R.S.S. 1909, c. 99, s. 51.' TEACHEES. .53. — (J ) Any teacher of a high school, who enters into an agreement with a board for one year and who teaches continuously under such agreement for a period of four months or more, shall be entitled to be paid his salary in the proportion which the nuiiil)er of days during which he has taught bears to the wliole number of teaching days in the year. (2) iMery teacher in case of sickness certified by a duly (liialitied medical practitioner shall be entitled to his salary durino- such sickness for a period not exceeding four weeks for the entire year which period may be increased by the board. R.S.S. "l 909, c. 99, s. 52. Three terme in academic year TKllMS A Nil iror,lI>AYS. 5;J. Tlie academic year of every high school shall consist of three terms: the first shall begin on the first day of Sep- tember and end on the twenty-second day of December; the secoiul shall Iteffin oji tlie third dav of Tanuarv and end on SECONDARY EDUCATION Cap. 109 1866 the Thursday before Easter Sunday; the third shall begin on the second Monday following Easter Sunday and end on the thirtieth day of June. K.S.S. 1909, c. 99, s. 53 ; 1915, c. 43, s. 19. 54. Except as provided in section 53 every high school ^','j«^' ■''^'"'°' shall be open on the days fixed by The School Act for public schools. K.S.S. 1909, c. 99, s. 54. PENALTIES AND PROHIBITIONS. 55. No trustee shall take or possess any pecuniary pe.mities and interest, profit or promise or expected benefit in or from any respecting , . , 1 • ■, . trustees contract, agreement or engagement either m nis ovpn name or in the name of another with the corporation of which he is a member, nor shall he receive or expect to receive any compensation for any work, engagement or duty in behalf of such corporation except as secretary or treasurer or for a school site. A trustee violating any of the provisions of this section shall thereby forfeit his seat, the remaining members of the board shall declare his seat vacant, and it shall thereby become vacant and the necessary steps shall be taken forth- with to fill the vacancy so created R.S.S. 1909, c. 99, s. 55. 56. Any person who wilfully disturbs, interrupts or dis- Disturbing quiets the proceedings of any meeting authorised to be held ^^*'*"'«*' under this Act, or who wilfully interrupts or disquiets any high school by rude or indecent behaviour, or by making a noise either within the place where such school is kept or held or so near thereto as to disturb the exercises of the school, shall be guilty of an oifence for which he shall forfeit for the use of the district within which the offence was com- mitted a sum not exceeding $20. R.S.S. 1909, c. 99, s. 56. 57. If any trustee or board official signs a report or state- False a this Act shall, unless otherwise provided, belong to the con- solidated fund of the province. R.S.S. 1909, c. 99, s. 60. ]8()fi Cap. 109 SECONDARY EDUCATION ,, GRANTS TO SECONDAKY SCHOOLS. ^^''""''' <>0. Out of any monevs appropriated by the Legislature for gTants in support of secondnry schools there shall be paid the following sums: 1. To every district maintaining a high school $1.50 per diom for each teacher employed; 2. To every district maintaining a collegiate institute $1.50 per diem for each teacher employed; 3. To every district whose high school is provided with the equipment, apparatus and library required by the regula- tions of the department the additional sum of $150 per annum until the maximum equipment prescribed has been provided, and thereafter each such district maintaining the said maximum equipment to the satisfaction of the inspector shall be paid the sum of $100 per annum: Provided that, in case the trustees of anv hiijh school expend in any one year for equipment a gTcater amount than is required by the said regulations, the additional gi-ant herein provided may be proportionately increased by order of the Lieutenant Governor in Council ; -I. To every district whose collegiate institute is provided with the equipment, apyjaratus ;iii(l library required by the regnilations of the department, the additional sum of $200 per annum until the maximum (equipment prescribed has been provided, and thereafter each such district maintaining the said maximum equipment to the satisfaction of the inspector shall be paid the sum of $150 per annum: Provided that, in case the trustees of any collegiate insti- tute expend in any (me year for equipment a gTeater amount than is required 1)\ ilic said regulations, the additional grant herein provided may be proportionately increased by order of the Lieutenant Governor in Council; 5. To every district whose high school attains a satisfac- tory grading on its efficiency in respect to grounds, buildings, accommodation, organisation, discipline, the standing and progress of the pupils and the character and scope of the instruction given, an additional sum not exceeding $200 per annum to be paid in proportion to the grading of the school by the inspector who shall be guided in determining such grading by the special instructions issued by the minister fnn.'i time to time in that behalf; fi. To every district whose collegiate institute attains a satisfactory grading as provided in paragraph 5 an addi- tional sum not exceeding $300 per annum; SECONDARY EDUCATION Cap. 109 1867 • 7. To every district that makes due provision for the proper instruction of pupils in the commercial course pre- scribed by the high school course of studies and in whose high school or collegiate, as the case may be, such instruction is regularly given to the satisfaction of the inspector, an additional sum not exceeding $100 per annum to be paid on the recommenda!ion of the inspector. R.S.S. 1909, c. 99, s. 61 ; 1919-20, c. 36, s. 7. 61. The several grants referred to in section 60 shall be conditions pavable subiect to the following conditions, restrictions and grants are . ' payable requirements : 1. To be entitled to any gTant provided by this Act every hiffh school shall have an avei'a2:e attendance for each school term of at least twenty-five pupils and every collegiate insti- tute of at least seventy-five pupils who shall have passed the gi-ade VIII examination as prescribed by the regulations of the department, or who shall have been granted by the minister standing equivalent thereto; 2. To be entitled to the grants provided by paragraphs 3 and 4 of section 60, every district shall expend annually on equipment, apparatus and library at least the minimum amounts required by the regulations of the department in that behalf, and such expenditures shall continue to be made by such district until its high school or collegiate institute, as the case may be, is provided with the maximum equip- ment fixed by such regulations; 3. The maximum number of days for which any per diem grant shall be paid shall not exceed 200 in any calendar year ; 4. The several grants provided for by paragi-aphs 1 and 2 of section 60 shall be payable on the thirtieth day of June and the thirty-first day of December in each and every year ; all other grants shall be payable on the first day of February of the year following that in which such grants are earned ; 5. Every high school district shall furnish the department with such reports, returns, statements and information as may from time to time be required by the minister and in such form as is prescribed by him, and no such district shall be entitled to participate in any of the grants provided by this Act unless such reports and returns are forwarded promptly to the department within the time required by the minister : Provided always that, in ease any district fails to earn the grants herein provided, the Lieutenant Governor in Council 1868 Cap. 1 Oi) SECONDARY EDUCATION may pay a special grant to such district if the circumstances are such as to warrant such pavmont. R.S.S. 1000. o. 09, s. 62; 1918-19, c. 47, s. 7. AN .VITAL REPORT. Annual report (^2. Thc Minister of Education shall report annually lo the Lieutenant Governor in Council upon all secondary educational institutions established under this Act. R.S.S. 1909, c. 99, s. ea. H CHAPTER 110. An Act respecting Schools. IS Majesty, by and with the advice and consent of the Leo-islative Assembly of Saskatr-hownu.onncts ns follows: SHORT TITLE. 1. This Act may be cited as The School Ad. 1915, c. 23, short title s. 1. INTERPRETATION. *^. Ill this Act, except where the context otherwise^ interpretation lequires, the expression: 1. "Board" means the board of trnstees of a district; "Board- 2. ''Burgess" means in cities and towns an elector who is"'^"''f5es9" such in respect of freehold property; in rural municipalitios and villages, a ratepayer of the school district ; ••?. ''Council" means the Educational Council; ••Council- 4. ''Department" means the Department of Education; •nepartmenf 5. "District" means a school district; -District- 6. "Inspector means any school inspector appointed under ••mspector" this Act; 7. "Minister" means the Minister of Education; ••Minister- 8. "Municipality" means a rural municipality; -MunicipaUtyV 9. "Municipal council" means the council of a rural muni- -Municipal ^ council" cipality ; 10. "Occupant" includes inhabitant occupier of land, '"•^""p*"*" or if there be no inhabitant occupier the person entitled to the possession thereof, a leaseholder or holder under agreement for lease, a holder under agreement for sale and any person having or enjoying in any way or for any purpose whatso- ever the use of land ; 11. "Owner" includes a person who by any right, title or-owner- estate whatsoever is or is entitled to be in possession of land in a district ; 12. "Ratepayer" means a person of the full age of twenty- "Ratepayer- one years, who is and has been for a period of two months the owner or occupant of property within the district assess- able for school purposes, and in established districts where an assessment has been made whose name appears on the last revised assessment roll for the district and includes the wife of sach person when residing with her husband and the husband of such person when residing with his wife ; 1870 Cap. 110 SCHOOLS "Resident ratepayer" ••Rriral district' "Taxpayer' •Toftoher" "Teaching day" "Town district" "Village district" 13. "Resident ratepayer" means a person of the fnll age of twentv-one vears actnallv residins: within the district, who is and has been for a period of two months the owner or occnpant of property therein assessable for school purposes, and, in established districts where an assessment has been made, whose name appears on the last revised assessment roll for the district and inehides the wife of such person when residing with her husband and the husband of such person when residing with his Avife ; 14. '^Rural district'' means a school district situated wholly outside the limits of a village, town or city munici- pality : Provided that, in case a rural district or portion thereof is included in a village hereafter organised, such district shall for the purposes of this Act be deemed a rural district until the end of the then current calendar year; 15. ''Taxpayer" means a person who is the owner or occu- pant of lands in respect of which some person is or may be assessed ; 16. ^'Teacher" means a person holding a legal certificate of qualification; 17. '^Teaching day" means any day upon which a school is legally open during the hours prescribed by this Act and the regulations of the department and does not include anj Saturday, Sunday or holiday ; 18. "Town district" means a school district situated wholly or in part within the limits of a town or city munici- pality : Provided that, in case any portion of a rural or village district is included within the limits of a towm or city muni- cipality, such district shall for the purposes of this Act be deemed a rural or village district, as the case may be, until the end of the then current calendar year ; 19. "Village district" means a school district situated wholly or in part within the limits of a village : Provided that, in case a village in which is situate in whole or in part a village district is incorporated as a town, such district shall for the purposes of this Act be deemed a village district until the end of the then current calendar year. 1915, c. 23, s. 2; 1917 (sess. 2), c. 32, ss. 2 and 3. Organisation Appointment of officials ORGANISATION A VI) FUNCTIONS OF DEPARTMENT. » 3. There shall be a department of the Government of Saskatchewan which shall be called the Department of Education, over which the Minister of Education shall preside. 1915, c. 23, s. 3 (1) (redrawn). 4. The Lieutenant Governor in Council may appoint a superintendent, deputy minister, registrar and such inspec- SCHOOLS Cap. 110 1871 tors, officers, clerks and servants as are required for the proper conduct of the business of the department and for the purposes of this Act, all of whom shall hold office during pleasure. 1915, c. 23, s. 3 (2). 5 (1) The minister shall have the administration, con- Adm.nistration trol and management of the department and shall oversee and direct the officers, clerks and servants thereof. (2) Subject to the direction of the minister and to the provisions of any Act or regulation, the Superintendent of Education shall have the general supervision and direction of high schools and collegiate institutes, model schools, public and separate schools, training schools for teachers, the gi-anting of teachers' certificates, technical schools, depart- mental examinations, teachers' institutes, teachers' reading courses, school libraries and the inspectors of any such schools; and shall make such recommendations to the minis- ter as he deems advisable with respect to any matter arising out of such supervision and direction. (3) The department shall have the control and manage- ment of all kindergarten schools, public and separate schools, normal schools, model schools, teachers' institutes and the education of deaf, deaf mute and blind persons. 1915, c. 23, s. 3 (3), 4 and 5. Regulations of the Department. 6. The minister, with the approval of the Lieutenant Reg"'*t*o-« Governor in Council, shall have power: 1. To make regulations of the department: (a) for the classification, organisation, government, examination and inspection of all schools herein- before mentioned ; (&) for the construction, furnishing and care of school buildings and the arrangement of school premises; (c) for the examination, licensing and grading of teach- ers and for the examination of persons who may desire to enter professions or who may wish certifi- cates of having completed courses of study in any school ; {d) for a teachers' reading course and teachers' insti- tutes and conventions; (e) for giving instruction in agriculture, school garden- ing, manual training, industrial training, domestic science and physical training; (/) for the proper conveyance of children as herein- after provided, and for keeping proper records of 1872 Cap. 1 lO SCHOOLS die iiuiiilxi- ut eliildrcii .so (.-ouvejed, the distance travelled, the cost of couveyance and any other infoniiation deemed necessary ; 1'. To iiiithorisc text niid icference books for the use of the pu])ils and teach(M-s in ;ill schools hereinbefore mentioned, as well as snch maps, globes, charts and other apparatus or equipment ms 7iiay bo required f<»r 2'ivina" proper instruction in such schools; 3. To prepnvc a list of books suitable for school libraries and tr Duties and Powers of Minister. T. It shall be the duty of the minister: 1. To cause to be prepared and distributed recommenda- tions and advice on the management of schools and districta for trustees and teachers; 2. To prepare suitable forms and give such instructions as may be necessary for making reports and carrying out the provisions of this Act ; 3. To appoint some person to call any school meeting required to be held under this Act when there is no person authorised to call such meeting or when the person so author- ised neglects or refuses to act; 4. To re^iort annually to the Legislature upon all schools and institutes herein mentioned with such statements and suggestions for promoting education generally as he deems expedient ; 5. To provide for the collection of fees in accordance with a schedule^ to be approved from time to time by the Lieuten- ant Governor in Council for normal school training, attend- ance at uiodel schools, teachers' certificates and departmental examinations, certificates of standing and other certificates issued by the ilejtartment ; 6. To make any ])rovision not inconsistent with this Act that may be necessary to meet exigencies under its operation. 1015. c."23, s. 7. Powers of minister 8. The minister shall have power: 1. To appoint one or more persons to inquire into and report upon any appeal, complaint or dispute arising from SCHOOLS (':i|). 110 1873 the decision of a board or inspector or other school official, upon the condition of one or more schools oi- upon the finan- cial condition of a district, or upon any othei- sehool nialter. Such person or persons shall have power to take evidence under oath ; and the minister upon receipt of such report shall make such order thereon as to him seems proper; and action shall be taken in accordance with the terms of such order and not otherwise; 2. To appoint an official trustee to conduct the affairs of A district; such official trustee to have all the powers and authorities conferred by this Act upon a board and its officers, and to be remunerated out of the funds of the district or •otherwise as the Lieutenant Governor in Council may decide. Upon the appointment of such official trustee, the board, if any, of the district for which bo is appointed shall cease to hold office as such; 3. To appoint some person to inquire into and report u])on the conditions existing in any portion of Saskatchewan not erected into a school district, and subject to the provisions ■of this Act in that behalf to take such action thereon as to him seems expedient. The person so appointed shall receive such remuneration as the Lieutenant Governor in Council determines : 4. To suspend or cancel for cause any certificate granted under the regulations of the department; '). To cause to be prepared plans of buildings suitable for schools of one or two rooms; 6. Subject to the ai)proval of the Lieutenant Governor in Council, to make provision for the establishment of model schools under the control of the department, and to enter into such agreement as deemed advisable with any i)oard of trustees respecting the administration, expenses, equip- ment and teaching of such schools. 1915. c. 28. s. 8. EDUCATIONAL COUNCTI,. 9. There shall be an Educational Council appointed by Members the Lieutenant Governor in Council, consisting of at least five persons, two of whom shall be Eoman Catholics: they shall receive such romnneration as the Lieutenant Governor in Council determines. 191 T.. c. 23. s. 9 (redrawnV 10. Meetings of the council shall be held at such times Meetings and places as may be determined bv the minister, but at least one meeting shall be held in (>;ieh ealendar year. 1915, c. 23, s. 10. 11. All general re^nlations n^specting the inspection of ^^^i^^^^J°^^^ schools, the examination, training, licensing and grading of teachers, courses of stiulv. teachers' institutes and text and 1874 Cap. 110 SCHOOLS reference books shall, before being adopted or amended, be referred to the council for its discussion and report. 1915, c. 23, 11, **^" 13. The council shall consider such matters as are referred to it by the minister as hereinbefoi-e provided for, and may also consider any question concerning the educational system of Saskatchewan as to it seems fit and report thereon to the Lieutenant Governor in Council. 1915, c. 23, s. 12. FORMATION OF PUBLIC SCHOOL DISTRICTS. or°ga^*iaUon' ^^' — 0^ ^'^^J portiou of the proviucc may be organised of district in^o a public school district provided that : (a) it does not exceed an area of twenty square miles and its length or breadth does not exceed five miles ; (b) there are at least four persons actually residing within the proposed district, each of whom on its oro'anisation w'ould be liable to be assessed for school purposes; (c) there arc at least ten children between the ages of five and sixteen years inclusive actually residing within the proposed district. (2) If for some special reason it is deemed advisable to ' permit the organisation of a district with a larger area or a greater length or breadth than that fixed by subsection (1), such permission may be granted by the authority whose duty it is to approve the boundaries of the proposed district. (3) In case it is deemed advisable to organise a school district of not less than 36 square miles nor more than 50 square miles for the purpose of having the children of resident ratepayers conveyed to a central school, permission mav be granted bv the minister for the organisation of such district u]3on i-eceiving satisfactory e\idence that its creation- is in the public interest: Provided that in case the minister is of opinion that special circumstances warrant the action, he may grant permission for the organisation of a larger area for the purpose. (4) In case it is deemed advisable to permit the organisa- tion of a school district within which there are actually residing more than four and less than ten children between the ages of five and sixteen years, for the purpose of con- veying such children to a neiuhbouring school, permission may be granted by the authority whose duty it is to approve the boundaries of proposed districts. 1915, c. 23. s. 13; 1017. o. 18, s. 3. OTgani°ation ^^ — ('^) -'^^,7 thrcc pcrsons of the full age of twenty-one •< district vears, who are actually residing within the limits of a pro- SCHOOLS Cap. 110 1875 posed district, may form themselves into a committee for the purpose of proceeding with its organisation^ and may draw up and sign the necessary petition for the purpose. (2) The petition for organisation of a district shall be in form A, and shall be accompanied by a plan of the pro- posed district showing: {(i) I he number of children between the ages of five iind sixteen years inclusive residing on each quarter section ; {h) the names of those actually residing in the pro- i)osed district who will be resident ratepayers if the district is organised, such names being written on the quarter sections which are occupied; (c) the location of streams, lakes, swamps and other bodies of water and of travelled roads. (3) In case the proposed district include lands already within the boundaries of an organised district, the petition shall also be accompanied by a certificate (form L). (4) The committee shall appoint one of their number to act as secretary who shall be responsible for the safe keeping of all correspondence and forms. 1915, c. 23, s. 14. 15. — (1) Should the limits of a proposed district include i^^™ts^ a portion of an existing district, it shall be the duty of a existing 1 „, . 11 1 , £ J.^ districts member of the committee to hand to the secretary oi the existing district or leave at his residence with some adult person, at least eight clear days before the petition is sub- mitted for approval, a notice (form. B), which notice shall be accompanied by a plan showing the boimdaries of the proposed district. (2) Upon receipt of such notice and plan, the secretary shall forthwith call a meeting of his board and place the same before it for consideration. (3) A member of the committee shall also hand to each of the ratepayers residing on the lands proposed to be with- drawn from the existing district, or leave at the residence of each with some adult person, at least eight clear d^s before submitting the petition for approval, a notice (form C). 1915, c. 23, s. 15. 16. In case the proposed district is situated whollv or within one ... , ,. . ^ ..-,., ■> .municipality partly withm the limits of one municipality and no part of it is in any other municipality, the petition for its organisation shall be delivered or transmitted to the secre- tary of such municipality. 1915, c. 23, s. 16. 17 (1) In case the proposed district is situated partly within two within two or more municipalities, the committee shall municipalities Vol 11-2-4 1876 Cap. 110 SCHOOLS transmit the petition for its organisation to the secretary of that municipality which contains the greater ])ortion of the proposed district, and in case the proposed district comprises within its limits an ecpial area from two or more munici- palities the petition shall be sent to the secretary of such one of these municipalities as the committee may select. (2) A copy of the petition shall be sent to every munici- pality containing lands included in the proposed district. 1915, 23, 17. Within urban district 18. Should the proposed district be situated wholly with- out the limits of any municipality, or should its area contain any portion of a town or village district the petition shall be forwarded to the minister. 1915, c. 23, s. 18. Disposition of petition IJ). The secretary of a municipality, upon receipt of a petition as aforesaid, shall lay the same before the muni- cipal council at its next meeting. 1915, c. 23, s. 19. Regulations governing municipal •ouncils 20. For the piir])i)se of enabling municipal councils to approve the boundaries of new districts to the greatest advantage of all parties concerned, the minister shall from time to time issue such regulations in that behalf as he deems necessary, and it shall be the duty of a council to see that such regulations are substantially adhered to whenever a petition for a new district is submitted to the council for consideration. I'.M."), c. 23, s. 20. Ck>nsidcration of petition 31 — (1) T'pon the consideration of a petition for the organisation of a now district the minister or municipal council, as the case may be, shall have power: (a) to approve the boundaries of the district as peti- tioned for ; or (h) to approve such other boundaries for the distinct as may be deemed advisable. (2) Approval of the boundaries of every proposed dis- trict shall be in form D and the receipt of such approval by the committee shall be its authority to proceed with the first school meeting. 1015, c. 23. s. 21. Second petition Conflicting petitions 33. Tn casf the boundaries of any district as approved by the minister or mnnicijial council are not acceptable to the committee, it may present another petition which shall be dealt with in tbc luanncr heroin provided for the first peti- tion. 1915, c. 23, s. 22. 33. Tn the event of a munici|)al council receiving two or more petitions for new districts whose boundaries overlap, as well as in all cases where there are conflicting interests or opposition to the boundaries proposed for a new district. SCHOOLS Cap. 110 1877 the municipal council shall arrange to give all parties inter- ested an opportunity to be heard. 1915, c 23, s. 23. 34. The council of a municipality shall have power to^^^j^l^^g^ ap})oint a standing committee of at least two of its members, whose duty it shall be to consider and report upon all matters pertaining to schools and school districts which by any law are required to come before the council for its consideration or decision. 1915, c. 23, s. 24. 2iy. — (1) On rccei\ing approval of the boundaries of a^^^^Pf^^" proposed district the committee shall by notice call a meeting called of the ratepayers, which notice shall be posted up in at least five widely separated and conspicuous public places within the district, one of which shall be the post office and if there be no post office therein a sixth notice shall be posted in the nearest post office thereto. (2) All such notices shall be posted up eight days prior to the date fixed for the meeting, and the said eight days shall not include the day on which the notices are posted nor the day on which the meeting is held. (3) The notice shall be in form E and may be either written or printed or partly written and partly printed. (4) Proof that the notices have been posted up as herein ])rovided shall be furnished in form F. 1915, c. 23, s. 25. Firsf Meeting of Ratepayers. 36. — (1) At two o'clock in the afternoon (standard time) F'"* of the day appointed in the notice calling the first school meeting, the resident ratepayers present shall elect one of their number chairman to preside over the proceedings. (2) The. chairman shall upon his a])pointment sign the declaration provided in form G. (3) The secretary of the committee shall be the secretary of the first school meeting and shall record the minutes and perform all other duties required of such secretary by this Act, but in case for any reason he is unable to act the meeting shall appoint a secretary. 1915, c. 23, s. 26. 37. — (1) After the election of a chairman any person Declaration by- wishing to take any part in the meeting, or vote thereat, fn meetu^** shall be required to sig-n, in the presence of the chairman and secretary, the declaration (form G), and no person shall be allowed to take part in the meeting or vote unless and until he has signed such declaration. (2) Any person subscribing to a declaration containing a false statement shall be guilty of an oifence and liable on summary conviction to a penalty not exceeding $10. 1915, c. 23, 3. 27. 1878 Cap. 110 SCHOOL? Chairman's vot-e Poll Glection of trustees 38. The chairman shall not vote on any question whether the same is to be decided bj a show of hands or a poll, except in case of a tie when he shall give a casting vote. 1915, c. 23, s. 28. 29. — (1) Upon his appointment and before any other business is transacted except as provided in section 27, the chairman shall immediately cause a poll to be taken of the votes of the resident ratepayers for and against the forma- tion of the proposed district. (2) On the taking of the poll the chairman shall preside and the secretary shall record the \^otes as they are given on n ))oll shoei fform H). (3) The poll shall remain open for one hour when it shall be closed l)v the chairman who shall sum up the votes. 191.5, c. 23, 29. First Election of Trustees. •50. — (1) If the result of the poll is favourable to the formation of the district, the chairman shall immediately call for nominations of persons to serve as trustees, and the secretary shall record such nominations in the order in which they are made. (2) The persons nominated foi- the position of trustee shall be resident ratepayers of the proposed district, who have made and subscribed the declaration and taken and subscribed the oath of allegiance (forms X and Y respec- tively), and who are able to read and write. (3) Each candidate for the position of trustee shall be nominated by a mover and a seconder both of whom shall be resident ratepayers of the proposed district. (4) Nominations shall be received by the chairman for ten minutes after he first calls for the same. (5) In case the number of nominations does not exceed three, the chairman shall declare the persons nominated to be elected. (G) Tf uiore than three candidates are nominated, the chairman shall at the close of the time for nominations declare a poll open for the election of trustees. (7) On the taking of the poll the chairman shall preside and the secretary shall record the votes as they are given on a poll sheet (form I). (8) Every resident ratepayer shall have three votes but shall not vote more than once for any one candidate at the same election. (9) The poll shall remain open for one hour when it shall be closed by the chairman who shall sum up the votes and declare the result. 191.5. c. 23. s. 80; 1918-19. c. 48, 8. 2; 1919-20. c. 37, s. 2. SCHOOLS Cap. 110 1879 Returns to Department. 31 — (1) Immediately after the first school meeting the^^^f^^^' secretary thereof shall forward to the department: '•'^^^^^^ (a) a copy of the petition for the organisation of the district ; (&) a plan of the district voted upon, which plan shall contain the information set forth in section 14 ; (c) a certificate of the approval of the boundaries of the district; (d) a certified copy of the notice calling the first school meeting ; (e) proof of the posting of the notices, which proof shall be in form F; ' (/) the declaration (form G) signed by the resident ratepayers ; (g) the poll sheet showing the votes for and against the district; (h) the poll sheet showing the votes for trustees; (i) a copy of the minutes, certified by the chairman, showing the names of mover and seconder of can- didates for the office of trustee. (2) The secretary shall also forward to the department a list of at least five names considered suitable as names for the proposed district, one of which may be chosen by the minister. These names shall be selected by the committee and set dov/n in order of preference. 1915, c. 23, s. 31. Erection of District. 33. — (1) Upon receipt of the returns and documents Erection o( referred to in section 31 and upon being satisfied that the requirements and provisions of the law with respect to the organisation of the district have been substantially complied with, the minister may by order declare the proposed district to be organised and assign to it a name and number. (2) If it appears to the minister that the boundaries of the district have been misdescribed or that certain lands have been inadvertently omitted therefrom or included therein, he shall, in the order declaring the district to be organised, properly describe its boundaries and correct such errors as appear to him to have been inadvertently made as aforesaid. (3) Notice of the organisation of the district shall be published in The Sashatcheiuan Gazette; and such notice shall be conclusive evidence of the organisation of the district and that all the necessary formalities have been complied with. 1915, c. 23. s. 32.' 1880 Cap. 1 lO SCHOOLS Name of di strict Name of School District. 33. — (1) Every district created under this Act shall be entitled ''The School District No. of Saskatchewan." (2) The minister may from tiim; fo lime alter the name !iblo, and notice of such alteration shall be published in The i^ashrilclieLrun Gazette, but in such cases the seal th(>retofore used by such district shall continue to be the seal thereof until chan2:ed by the board. (3) No change in ilic name or number or both of any district made in accordance with the provisions of this Act shall affect any obligations, rights, actions or property incurred, established, done or acquired ] trior to such change. 191.5. e. 2.3, s. 33. Term of office of traetees Term of Office of Trustees. 34. — (1) The trustees elected at the first school meeting, or a new ])oard of trustees elected at any subsequent meeting in any rural or village district, shall hold office as follows: the trustee receiving the greatest number of votes shall hold office until tlic iliird annual meeting; the trustee receiving the next greatest number of votes until the second annual meeting; and the trustee receiving the lowest number of votes until the first annual meeting subsequent to the date of the election. (2) Tn case there be no vote taken, the trustees elected shall hold office in the order in which they are nominated until the third, second and first annual meetings of the district are respectively held. (3) Tf any two or more trustees elected receive an equal number of votes, they shall respectively hold office in the manner pro\idod in subsection (2). (4) If the annual meeting of a district be not held in any year, it shall for the purposes of this section be deem(^d to have been held at the reaular time. 101.5. o. 23. s. 34. OedaratiuD of o&ce Declrirnfinn of Office. 35. — (1) Before the first meeting of the board is h(dd, every trustee shall make the following declaration before the chairman of tlie meeting at which he was elected or a justice of the peace or commissioner for oaths: T, .4. 7?., do hereby accept the office of trustee to which T have been eleeted in (name of ■'^cliool district in fvlJ) and SCHOOLS Cap. IIO 1881 I will, to the best of my ability, honestly and faithfullj discharge the duties devolving on me as such trustee. Dated this day of 19 . A. B., Trustee. ticate of iaration (2) The chairman, justice of the peace or commissioner Certj shall thereupon grant him a certificate in the following form : I, C B., do hereby certify that {give name, residence and occupation of the person mentioned) elected trustee for (give name of school district), has this day made before me the declaration of office prescribed by The School Act in that behalf. Dated this day of 3 9. C. D., Chairman, J. P. or Commissioner for Oaths. 1915, c.^ 23, s. 35. Organisation of Board. 36. — (1) Upon the erection of a district the trustee F^r^tmeetiag elected for the longest term shall be notified of the erection of the district by the minister ; and he shall thereupon, within ten days after receipt of such notice, call a meeting of the board, in the manner provided by this Act for calling such meetings, for the purpose of choosing one of its number as chairman and appointing a secretary, treasurer, or secretary treasurer and transacting such other business as is necessary. (2) Any member of the board other than the chairman may be appointed secretary, treasurer, or secretary treasurer. (3) The teacher of a school district may be appointed secretary of any district but not treasurer or secretary treas- urer of any district in which he is employed as teacher. 1915, c. 23^. s. 3fi; 1916, c. 24, s. 1. FORMATION" OF SCHOOL DISTRICT BY MINISTER. 37 (1) In case any portion of Saskatchewan, not Erection^ot exceeding five miles in length or breadth exclusive of road minister allowances, is not included in a school district, the minister may order the erection of such portion into a district, pro- vided that it contains : (a) twenty children between the ages of five and sixteen inclusive ; (h) ten persons actually residing therein who on the erection of the district would be liable to assess- ment ; (c) six thousand acres of assessable land; and notice of the erection of any such district shall be pub- lished in The Saslcatchewan Gazette, which notice shall be 1882 Cap. no SCHOOLS Eleotion of tnuteef Power to establish Petition for •rectioD Qualification of voters Notice of ratepayers' meetings Town district trustee? conclusive evidence tliat the district has been duly erected and constituted in accordance with the provisions of this Act. (2) In special cases where the requirements of clauses (b) and (c) are fulfilled but there is not within the required area the numlier of children required by clause (a), the minister may order the erection of such area into a district provided that it is in the public interest to do so. 1915, c. 23, s. 37. 38. In case of the erection of any district in accordance with the provisions of section 37, the minister may appoint some person to call a meeting of the resident ratepayers of the district to elect trustees, which person shall act as chair- man of the meeting; and the election held shall be conducted in the manner provided for the election of trustees at a first school meeting; and the trustees elected shall within ten days after their election take the declaration of office and meet to organise the board as hereinbefore provided. 1915, c. 23, s. 38. SEPARATE SCHOOLS. 39. The minority of the ratepayers in any district, whether Protestant or Koman Catholic, may establish a separate school therein; and in such case the ratepayers establishing such Protestant or Roman Catholic separate school shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. 1915, c. 23, s. 39. 40. The petition for the erection of a separate school district shall be signed by three resident ratepayers of the religious faith indicated in the name of the proposed district, and shall be in the form prescribed by the minister. 1915, c. 23, s. 40. 41. The persons qualified to vote for or against the erection of a separate school district shall be the ratepayers in the district of the same religious faith, Protestant or Roman Catholic, as the petitioners. 1915, c. 23, s. 41. 43. The notice calling a meeting of the ratepayers for the purpose of taking their votes on the petition for the erection of a separate school district shall be in the form prescribed by the minister, and the proceedings subsequent to the posting of such notice shall be the same as prescribed in the formation of public school districts. 1915, c. 23, s. 42. 43. In case any such district contains within its limits a town or city, it shall from the date of its erection be deemed to be a town district and the board of trustees elected at the first school meeting shall consist of five members, two of whom shall hold office until the date of the first annual election of the district, and three until the date of the SCHOOLS Cap. 1 lO 1883 second anuiial election. Thereafter all trustees shall be " "' elected and hold office in the manner provided by this Act for town districts. 1915, c. 23, s. 43. 44. After the establishment of a separate school district '.'^'gj'jts.and under the provisions of this Act, such separate school district and the board thereof shall possess and exercise the rights, powers, privileges and be subject to the same liabilities and method of government as herein provided in respect of public school districts. 1915, c. 23, s. 44. SCHOOL SITE. 45. — (Ij In every rural district the board shall acquire a sites school site on a road allowance at the centre of the district, district (2) In case the land at the centre of the district be not suitable on account of its low situation or on account of the presence of water, the board may acquire such other site as it deems advisable within a distance of two hundred yards from the centre. (3) If for any cause it be deemed necessary or expedient to acquire a site situated more than two hundred yards from the centre of the district, the board shall proceed as follows : (a) the board shall prepare a plan of the district show- ing the proposed site, the quarter sections upon which the resident ratepayers live, the number of children between the ages of five and sixteen years inclusive on each quarter section, the location of lakes, sloughs, rivers, ravines, creeks, bridges and travelled roads; (h) if the district be situated wholly outside the limits of a municipality, the plan of the district showing the proposed site shall be forwarded, together with the application, to the department for the approval of the minister ; (c) if the district be situated wholly within the limits of a municipality, the plan of the district showing the propsed site shall be transmitted, together with the application to the secretary treasurer of the municipality, for the approval of the council ; (d) if the district be situated partly within two or more municipalities, the plan of the district show- ing the proposed site shall, together with the appli- cation, be sent for approval to the secretary of the municipality whose council approved the boun- daries of the district; (e) in all other cases the plan and application shall be filed as the minister may direct. 1915, c. 23, s. 45. 1884 Cap. no SCHOOLS sp«"i8isite 46. — (^1) Notice (form J ^ of the intention of the board to apply for approval of a site away from the centre of the district* shall be posted iij^ within tlie district in the manner provided by section 25. (2) Every snch notice sliall be posted up at least eight clear days before the date ni)on which application is to be made in order that those opposed to the proposed site may be given an opportnnity to be heard. (3) Tlic ap[)lieatiuu shall be accompanied by a certifi- cate to the effect that notice of the api)lication has i)cen given in accordance with the provisions of this section. 1015, c. 2:3, s. 40; 1019-20, c. 37, s. 3. Regulations 47. YoY thc giildance of mnnicipal councils in consider- ing applications for the approval of scbool sites, the minister shall issue such regiilations in tbat behalf as he deems neces- sarv 1915, c. 23, s. 47, Approval of Appeal 48 (1) Upon the consideration of an application for approval of a site the minister or municipal council, as the case may be, shall have power: (a) to approve the site applied for; or (■//) to approve such other site as may be deemed advisable. (2) Tlic approval of the site shall be in form K, and the receipt of the certificate of approval by the board shall be its authority to secure the site if no appeal under section 40 is inadc. (3) A certified coi)y of the certificate of approval shall be forwarded forthwith bv the secretary of the board to the departiueut. 1015, e. 23,"s. 48; 1019-20, c. 37, s. 5. 49 (1) Within ten days from the date of the meeting of the nuinicipal council at which its approval of a school site was given a majority of tlic resident ratepayers may appeal in wi'iting from tlic decision of the niunici]ial coun- cil In the minister, and notice of the appeal sball be given in writing witliin tlie said ten days to tbe board and to the inunici])al council. (2 ) The question of tbe site shall thereupon be submitted l)v the minister to three arbitrators, of whom one, who sliall act as chairman, shall be appointed by the minister, one by thi' iiiutiicii)al council and one by the resident ratepayers. (']) The arbitrators shall meet and make their award within thiity days of their appointment, and they may in and l»v the award approve such site as the majority of the arbitrators deem suitable. SCHOOLS Cap. 110 1885 (4) The aAvard shall be transmitted forthwith to the board, the niiinicipal council and the department, and the receipt of the award by the board shall be its authority to secure the site. 1919-20, c. 37, s. 5. 50. In case the board of any district acquires a school^®""'*'** site in violation of the provisions of this Act, each member thereof shall be personally liable on summary conviction, on information laid by any ratepayer of such district, to a penalty not exceeding $100 and costs; and the members of such board shall be personally liable also, but the board shall not be liable, for the cost of a site so acquired or of any building' erected thereon : • Provided however that no member of the board voting against the resolution of the board for the acquisition of such site and the erection of such building, if any, shall be liable under this section. 1915. c. 23, s. 50. 51. In case at anv time it is deemed advisable to secure ^e" site a new site not being the first site, or to build a new school hous(^ not being the first school house, in a rural district, application for the approval of the site shall be made in the manner herein provided for the approval of a site away from the centre of the district. 1919-20, c. 37, s. 0. 53. — (1) In every town or village district the board ^^^^»°^ shall acquire a site at the centre of the district, but if for village any cause it is deemed advisable to choose a site away from the centre such site before being secured shall be approved by the minister. (2) The minister may require the question of a school site in a village or town di.strict to be submitted to a board of arbitrators, and in .such case the procedure shall follow that described in section 19. (3) Whenever in the case of a town district it is neces- sary to secure a new or additional site such site before being secured shall be submitted to the Local Government Board for approval. (4) A certified copy of the approval shall be forwarded forthwith by the Local Government Board to the department. 1915, c. 23,' s. 52 ; 1916, c. 24. s. 3 ; 1919-20, c. 37, s. 7. 53 — (1) In the event of its being shown to the satisf ac- Expropriafeio. tion of the minister that in any district the title of a school site or portion of site not exceeding two acres cannot be obtained by the district, by reason of the refusal or failure of the owner to sell such site or portion of site or to accept a fair price for it, or by reason of a mortgagee or other person interested in such site or portion of site refusing or failing to release his mortgage or interest, the minister mav execute a transfer of the said site or portion of site in favour of school site 1886 Cap. no SCHOOLS of the district and upon application ex parte to a judge of the district court of the judicial district within which the site or portion of site is situated and upon production of such transfer, the judge shall make an order vesting the title of the lands described in the transfer in the school district, free from all charges and incumbrances other thaji taxes. (2) The amount and, in case there are more parties than one interested, the manner of payment of the compensation to be made for the site or portion of site acquired under the provisions of subsection (1) shall be determined by two arbitrators, one appointed by the district and the other by the owner or person interested, under the provisions of The Arbitration Act. 1915, c. 23, s. 53. ALTERATIONS OF BOUNDAKTES OF SCHOOL DISTRICTS. Alteration 54. — (i) \^ application for an alteration in the boun- in boundanes ^ ^ Ji i ^ daries of a school district shall be made : (a) to the Department of Education if the proposed alteration affects a town or village district, a district situated wholly without the limits of any municipality, or a district having an area of 36 square miles or more, or if the application ' is for the purpose of enlarging a district so as to include an area of 30 square miles or more for the purpose of having the children of resident ratepayers conveyed to a central school; (&) to the municipal council if the proposed altera- tion affects one or more districts situated wholly within the limits of a municipality ; (c) to such municipal council as the minister may direct if the district or districts affected are situated in two or more municipalities. (2) Every such application shall set forth clearly and concisely the grounds upon which it is based, and shall be accompanied l3y a plan showing the proposed alteration. 1915, c. 23, s. 54; 1919-20, c. 37, s. 8. Application 55. — (I) When an application is made to a municipal to municipal ^ '' • ^ ^ ■ n / p t\ council council it shall be accompanied by a certmcate (form L). (2) The person or board applying for the alteration shall hand to the secretary of each district affected or leave at his residence with some adult person at least eight clear days before the application is submitted for approval, a notice (form M) accompanied by a plan showing the alteration applied for. (S) Upon receipt of such notice and plan the secretary shall forthwith call a meeting of the board and place the same before it for consideration. SCHOOLS Cap. 110 1887 (4) The person or board applying for the alteration shall also hand to each of the ratepayers residing on the lands proposed to be added to or withdrawn from the district, or leave at the residence of each with some adult person at least eight clear days before the application is submitted for approval, a notice (form N). (5) The municipal council shall give all parties con- cerned an opportunity to be heard. (6) The municipal council shall notify the minister (form O) of the alteration approved by the council, and, upon receipt of such notice, the minister may by order alter the boundaries of the district as set forth in such notice. 1919-20, c. 37, s. 9. 56. When an application is made direct to the department Application the minister may take such action as he deems advisable. *" "''"•*'**'■ 1915, c. 23, s. 56; 1919-20, c. 37, s. 10. 57. Where application is made for alteration of the Arbitration boundaries of a village or town district the minister may require the same to be submitted to three arbitrators of whom one, who shall act as chairman, shall be appointed by the minister, one by the board of the village or town district and one by the council of such municipality adjoining the village or town district as may be determined by the minister, and their decision shall be final. 1919-20, c. 37, s. 11. 58. ISFotice of every alteration in the boundaries of a Notice of . ^^ CI 1 I 1 alteration school district shall be published m The Saskatchewan Gazette and such notice shall be conclusive evidence of the alteration of the boundaries of the district and that all necessary formalities have been complied with. 1915, c. 23, s. 58. 59. Notwithstanding anything herein contained no altera- R>gi»^<;f^^^ tion shall be made in the boundaries of any school district ^'^" unless it be satisfactorily shown that the rights guaranteed to any class of persons under section 17 of The Saskatche- ivan Act will not be prejudiced thereby. 1915, c. 23, s. 59. 60. In the case of a district having debenture indebted- Secunty^of ness outstanding, no alteration shall be made in the boun-houiers daries thereof which may prejudicially affect the rights or security of the holder of such debentures, without due pro- vision being made for the protection of such holder. 1915, c. 23, s. 60. 61. — (1) Upon the alteration of the boundaries of a Adjustment district due provision shall be made for the settlement andiiabfiltils* adjustment of the assets and liabilities of the same between 1888 Cap. no schools the districts into which it may be divided or between the district and the areas added thereto or taken therefrom; and the minister may cause the necessary inciniries to be made in order to ascertain and determine the due proportion of such assets and liabilities and the best method of settling and adjusting them. (2) The minister may in his discretion aj)point one or more persons to make such iiuiiiirirs and report thereon, and may prescribr and declare the terms of such settlement and adjustment and the manner in which the same shall be car- ried into effect ; and. in cases in which by the terms of such settlement and adjustment taxes are required to be levied upon property in any division of such distiicr or in an area taken therefrom, may prescribe by whom, at what times and in what manner such taxes shall be assessed and collected, to whom the same or any part thereof shall be paid, and by what district or districts, in what proportions and to whom the expenses of such settlement and adjustment shall be paid. Assessment (;^) "\^^ben auv ar(>a is added to or taken from a district and taxation ^ . • . . the minister may by order make all provisions necessary to meet the exigencies of the case respecting the assessment of property in such area and the levying, collection and applica- tion of taxes on such property, or one or more of said matters, for the then current year, and the matters dealt with in such order shall be done according to the t(n-ms th(>reof and not otherwise. 1915, c. 23, s. 61. DISORGANISATION OF DISTKICTS. Uiaorganisation {>2. ( 1 ) The minister may by order, notice of which shall be jmblished in The iSaskalrliewan Gazette, declare that on and after a day therein to be named any district shall be disorganised, and thereupon the same and the board thereof sliall cease to have or cm joy any of the rights, powers and privileges vested in such (!orporations by this Act. (2) U])()n such disorganisation the minister may appoint one or more persons to adjust and settle the assets and liabilities of the district. Any person so ap])ointed shall have full jjower and authority to sell, dispose of and convert into money the assets and proT)erty of the district and apply the same; so far as they will extend, lii-st. in payment of the liabilities of the district; and secondly, in payment of his own nnimneration as hereinafter mentioned, and to divide the sur])lus, if any, pro rata amoug the ratepayers of the district entitled to share thenan. (?>) In case the amount so realised is insufficient to satisfy the liabilities of the district and their remuneration, such persons shall have full power and authority to assess, collect and enforce payment, in the same manner as boards, asses- sors, collectors and treasurers are authorised to do by The SCHOOLS Cap. 110 1889 School Assessment Act, of such sum as is required to satisfy such indebtedness or any balance thereof remaining unpaid and all expenses connected therewith; including their own remuneration which shall be fixed by the minister. 1915, e. 23, s. 62 ; 1919-20, c. 37, s. 13. UXIOX OF PUBLIC AND SEPARATE SCHOOL DISTRICTS. 63.- — (1) If in any area there exists a public school union of district and a separate school district and it is resolved by separate the ratepayers of each such school district, at a public meet- districts ing of ratepayers of each district respectively called for the purpose of considering the question, that it is expedient that such districts should be united into a public school district, the minister may, by order, notice of which shall be published in The Saskatchewan G.azette, declare that on and after a day therein to be named the separate school district shall be disorganised, and thereupon the same and the board thereof shall cease to have or enjoy any of the rights, powers or privileges vested in such corporations by this Act, and the lands theretofore assessable and taxable for the purposes of the separate school district shall become assessable and tax- able for the purposes of the public school district and shall be in every respect a part of the public school district. (2) After such disorganisation the minister may make such orders, provisions and appointments as to him appear proper for the adjustment, arrangement and winding up of the affairs of the separate school district and for the settle- ment and adjustment of the assets and liabilities thereof. 1918-19, c. 48, s. 3. MEETINGS OF RATEPAYERS. Annual Meeting in Rural and Village Districts. 64. An annual meeting of the ratepayers of every rural Time and and village district shall be held in the school house or some other suitable place within the district, not later than the thirty-first day of January in each year commencing at the hour of two o'clock in the afternoon (standard time) : Provided that in the village of North Regina the annual meeting may be held at the hour of seven o'clock in the evening (standard time). 1915, c. 23, s. 64; 1919-20, c. 37, s. 14. 65. — (1) The meeting shall be called by the board, which Public notice shall at least eight days before the day for which the meet- ing is called, post notices giving the day, place and hour of meeting. Such notices shall be posted in five conspicuous public places within the district, one of which shall be the post office, and if there be no such post office a -sixth notice shall be posted in the post officfe nearest thereto. 1890 Cap. 110 SCHOOLS Chairman and secretary Chairman'! vote Qualification of voters Order of bosineas (2) It shall be deemed sufficient notice of such meeting if the notice is sent to the ratepayers by mail and posted at least tifteen clear da,>*s prior to the date of the meeting: Provided that at least one public notice shall be posted in the post office situated in the district or if there is no such post office thou in the post office nearest thereto. 1915, e. 23, s. 65. 66. — (Ij At the time stated in the notice for the com- mencement of the meeting, the chairman of the board shall take the chair and call the meeting to order, and the secre- tary of the board or someone appointed by the chairman shall record the minutes of the meeting and perform such other duties as arc required of him by this Act. (2) In the absence of the chairman the ratepayers present shall forthwith elect one of their number to preside. 1915, c. 23, s. GO; 1919-20, c. 37, s. 15. 67. The chairman may not vote on any question, whether the same is to be decided by a show of hands or by a poll, except in ease of a tie when he shall give a casting vote. 6T. 1915, c 23, s. 68. — (1) Any ratepayer whether resident or not shall be entitled to take part in the annual school meeting, but only resident ratepayers shall be entitled to vote for the election of a trustee. (2) The secretary of a rural or village municipality which contains any part of a rural or village district shall, on demand, furnish the board of trustees of such district with a list of the ratepayers indicating such as are resident rate- payers of the district for such part as lies within the limits of the rural or village municipality. (3^) Any secretary treasurer who fails to furnish such a statement as required shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10 per dav for everv dav duriuc; which the default continues, and in case of nonpayment forthwith after conviction to imprison- ment for a period not exceeding one month. 1915, c. 23, s. fiS; 1919-20, c. 37, s. in. 69. Tlic business of the annual meeting may be conducted in the following order: 1. Receiving and considering the statements prepared by the teacher, trnstees, treasurer, collector and auditor; 2. Receiving and considering the inspector's reports; 3. Miscellaneous business; 4. Election of trustees; 5. Election of auditor. 1915, c. 23, s. 69. aCHOOLs Cap. 110 1891 70. The chairman, upon taking his phice, shall immedi- ^t-atementa atelj call upon the secretary to read the following statements "^^ "^^^"^ ' and reports which shall be considered and disposed of by the meeting : 1. A statement of the teacher signed by him giving the 'i>:icher'9 following particulars : (a) the number of days on which the school was kept open during each term succeeding the last annual meeting ; (6) the total number of pupils attending school during each term specifying the number of males and females respectively ; (c) the number of children of school age residing in the district who did not attend school during the year; (d) the average daily attendance for each term and for the year; (e) the classification of pupils and the number of pupils in each grade or form ; 8. A statement prepared by the trustees showing: Truswea (a) the names of the trustees ; (&) the officers of the district appointed by the trustees and their salaries; (c) the vacancies created in the board during the year, giving the causes thereof, with an account of the elections held to fill such vacancies and the results thereof ; (d) the number of regular and special meetings of the board held during the year, together with a state- ment showing the number of meetings attended by each member ; (e) the number of visits made by each member of the board to the school while it was in operation ; 3. The treasurer's statement for the fiscal year ending onTrewurer't the thirty-first day of December preceding the annual meet- ing in which shall be set forth : (a) the amounts of money received by the district from each source of revenue, including Government grants ; (&) the amounts of money paid out by the district with particulars of payment ; (c) the amounts of money due to the district from all sources with particulars; 1892 Cap. 110 SCHOOLS Tax •ollector'i Auditor's Inspector's General (d) the iinionnts of monov due bv the distriet and the terms and times of payment ; 4. In rural districts lyinc; wholly outside of rural munici- palities a statement prepared by the collector of taxes and signed by him giving the following particulars: (a) the total assessed va]u(^ of all property as shown by the last revised assessment roll ; (h) the rate of the school tax; (c) liii' total amount of taxes IcNicd during the year; (d) the current taxes collected during the year; (e) the arrears of taxes collected duriuii' the year; (f) the total arrears of taxes; 5. The auditor's report ; 6. The inspector's reports received during the preceding year ; 7. Such further statements in relation to the affairs of the district as nuiv be deemed advisable. 1915, c. 28, s. 70; lOlf;, c. -24, s. 4. Nominations for trustee Election of Trustees at Annual Meeting. "71. The chairman shall call f(U- nominations for the office of trustee not later than one hour from the com- mcuconiout of the meeting. 1019-20, c. 37, s. 17. Qualifications of candidates T2. Each person nominated for tlu; office of trustee shall be a resident ratepayer of the district who is able to read and write, and shall make and subscribe the declaration and take and subscribe the oath of allegiance set forth in forms X and Y respectively. 1919-20, c.37, s. 18. Qualification 7Ji. Eacli Candidate shall be nominated by a mover and of mover and eeconder sccoudcr cach of wlioui shall be a resident ratepayer of the district. 1915, c. 23, s. 73. Time of nominations 74. Nominations shall be received by the chairman for ten minutes after be has first called for the same. 1915, c. 23, s. 74. Accian.aiion 75. In casc thcrc be only one nomination the chairman shall declare the candidate nominated to be elected. 1915, c. 23, s. 75. Poll TCJ. Tn case there are more nominations than one the chairman shall at the close of the time for receiving nomina- tions declare a poll open for the election of a trustee. 1915, TG. c. 23, s SCHOOLS Cap no 1893 T7. — ( 1 ) In case objection is made to the right of any voter's oatk person to vot(> for the election of trustees in a riiral or village district the chairman shall require such person to take the followino- ontli or iifliriiiation : I, do solemnly swear (or affirm) : 1. That I am of the full age of twenty-one years; 2. That 1 am a hona ftde resident ratepayer of {give name of disiricl in full) ; 3. That J acTnally reside within the district; 4. That 1 am and have been for a period of two months the owner (or occupant) of property within the district assessable for school purposes; or 4. That my husband (or wife) is and has been for a period of two months the owner {or occupant) of property within the district assessable for school purposes; 5. That I have not before voted at this election ; (i. That I have not received any reward either directly or indirectly nor have I any hope of receiving a reward at this time and place for my vote at this election; (In established districts where an assessment has been made such person shall also swear or affirm.) 7. That my name appears on the last revised assessment roll of the district. So help me God. (2) In the case of a person claiming the right to vote by reason of marriage to a resident ratej)ayer, paragraph 7 of subsection (1) shall not be required. (3) In the case of an affirmation the words "s<^> hci|) me God" shall be omitted. (4) Every person taking such oath or affirmation shall be permitted to vote for the election of trustees. 1915, c. 23, s. 77; 1916, c. 24, s. 5; 1917 (sess. 2), c. 32. s. 4; 1919-20, c. 37, s. 19.' 78. On the taking of the poll in rural districts the chair- p^y^^j^jig^^ot man shall preside and the secretary shall record the votes p°1' as they are given according to (form P) : Provided that in case a majority of the I'esident ratepayers present so decide by resolution, the vote for the election of trustees in rural districts may be taken as provided in sections 80 and 81, except that the poll shall remain open for one bour only. 1915, c. 23, s. 78. 19. Subject to the provisions of section 78 the poll shall ^^'lo^"'* »«'• remain open for one hour in rural districts, when it shall 1894 Cap. 110 SCHOOLS be closed by the chairman who shall sum up the votes and declare the result. 1915, c. 23, s. 70; 1919- -20, c. 37, 8. 20. Village district pull 80. In the case of village districts the poll shall be con- ducted as follows: 1. The chairman or such other person as is appointed by the board for the purpose shall preside, and the voting shall be by ballot ; 2. As each resident ratepayer presents himself to vote the chairman shall hand him a ballot paper containing the names of the candidates for the office of trustee, and the secretary shall record in a book to be provided for tlic purpose the name of each such ratepayer so presenting himself; 3. Upon receipt of the ballot paper the ratepayer shall in a part of the room effectively screened, mark his ballot by > placing a cross in the space opposite the name of the candi- date for whom he is voting^; he shall then fold it and return it folded to the chairman who shall forthwith deposit it in the ballot box provided for the purpose; 4. The ballot shall contain the names of all the candidate* nominated and shall be in the following form: Duration of poll in village istricts John Brown William Smith Henry Jones Thomas Black 1915, c. 23, s. 80. • 81. In village districts the poll shall remain open for \,w hours when it shall be closed by the chairman; the ballot box shall then be opened in the presence of the candidates or of agents appointed by them by written notice to the chairman, and a record of the votes as they are shown on the ballot* shall be made by the chairman (form Q), who shall there- upon sum up the votes and declare the result. 1915, c. 23, s. 81. Copy of minutes tn department 83. A cojiy of the minutes of the annual meeting signed by the chairman and the secretary of such meeting shall be forthwith transmitted to the department. 1915, c. 23, s. 82. Contested elections Contested Election in Rural Districts. 8.3. — (1) Whenever complaint is made that the election of a trustee or anv of the proceedings at a first or other school meeting in a rural district have not been in conformity wiifk SCHOOLS Cap. 110 1895 this Act, the minister may, upon complaint of a ratepayer verified by solemn declaration, investigate the matter and render any decision and make any orders in respect thereof that to him appears proper. (2) No such complaint shall be entertained by the minister unless made to him in writing within ten days after the holding of the election or meeting. 1915, c. 23, s. 83. Annual Meeting in Town Districts. 84. An annual meeting of the ratepayers of every town Time and district shall be held at the time and place appointed for ^ '*''^ the nomination of councillors or aldermen, or at such other time within five days before or after the said date, and such place as is fixed by resolution of the board, of which due notice shall be given by advertisement once a week for at least two weeks previous to the said date in some newspaper published in the district or if there be no newspaper pub- lished in the district then in the manner provided in section 65 with respect to meetings in rural and village districts. ' 1915, c. 23, s. 84. 85. — (1) The trustees of every town district and of every Notice district to which the proviso to paragraph 19 of section 2 applies shall give notice to the' city clerk or the town clerk, as the case may be, on or before the fifteenth day of jSTovem- ber in each year of the number of vacancies required to be filled to make the board complete; and in the case of the first election of trustees in any town district the secretary of the district shall at the same time furnish the city clerk or the town clerk, as the case may be, with a list of the resident ratepayers of the district who reside outside the limits of the city or town, which list shall be delivered to the returning officer on or before the day preceding the election of trustees. (2) Upon a rural or village district becoming a town district, the first election for trustees shall be held at the time prescribed in this Act for the annual election of trustees in town districts, and at such election there shall be elected two trustees for a term of two years and one trustee for a term of one year, and the two trustees of the district whose terms have not expired shall continue to hold office for the terms for which they were respectively elected. 1915, c. 23, s. 85. 86 (1) The statements and reports mentioned in section statements 70, with such variations as are deemed necessary by the"° '"^^""^ board, shall be prepared by the proper officials for use at the annual meeting in town districts, and shall be read by the secretary, except as hereinafter provided. (2) The reading of any such statements or reports may be omitted upon a resolution being passed to that effect by 1896 Cap. IK) SCHOOLS the ratepayers present. In it any ratcjiayer of the district may examine the same citlici- (luciiia the tncotini:' or at a sub- sequent (late. (3) The board, if it deem advisable or upon being author- ised to do so by resolution of the ratepayers at the annual meeting, may have any or all of such statements or re()orts or any i)arts of them except the inspector's reports printed in a newspajjcr published in the district. (4) In town districts the treasurer's statement as jnen- tioncd in paragraph 3 of section 70 shall mean such statement foi- that portion of the fiscal year ending on (he thirty-first day of Octobcf next jircccding the annual meeting. (5) On or before the first day of March in each year the treasurer of a town district shall |)repare a statement showing the rec(U]its and exp(>n forwarded to the minister. 1915. c. 23, s. 86. Election in town districta HT. — ( \) The boards of public school and separate school trustees in town districts shall be elected in the manner jjr(>scribed by VV/c dly Ac/ and 77/r Toicii Acf respectively. (2) Where a town . A iiK'ciiiii^ ui' I lie board uiuy \k- culled by the chair- man 01' aii\ trustee. 1915, c. 23, s. 103. 104. — (1) Every regular or special meeting of the board shall be called by giving two clear days' notice in writing which notice may be given by delivering it to each trustee, or in the case of his absence from h\< residence, by giving it to any adult person thereat . (2) The board mav, at anv meeting at which all the members are present, decide by resolution to hold regular meetings. The resolution shall state the day, hour and place of every such meeting, and no I'iiiiIk r or other notice of any such meeting shall be necessary. (3) Excejii in the ease of a meeting for the purpose of contracting for the jiurchase of school furniture, equipment and apparatus, the bonrd may by unanimous consent waive notice and hold a meeting at any time. Such consent shall be subscribed by each member of the board and shall be recorded in the minutes of the meeting in the following form : We, the undersigned trustees of S.D. No. hereby waive notice of this meeting. TriiMees. iDin 23. 104. Corporate acta Quorum One trustee oot to act 10i5. — (1.) No act or proceeding of any board shall be deemed valid or binding which is not adopted at a regular or special meeting at which a quorum of the board is present. (2) A majority of the board shall I'orm a quorum. 1015. c. 23, s. 105. 10(5. If the nnndiei- of trustees be reduced to one, that one shall immediately take the necessary steps to fill the vacancies in the board but he shall not transact any other business of the district. 1015, c. 23, s. 106. Motioo.i Voting 107. All ([uestions shall be submitted to the board on motion of the chairman or any othei- tiMistee, and no seconder sliiill be required. I'.t 1 5. o. 23, s. 107. 108. — (1) At all meetings of the board (juestions shall be decided by a majority of votes, and the (diairman shall have the right to vote, but in case of a tie, the question shall lie decided in the iiei>;iti\'e. SCHOOLS Cap 110 1901 (2) In the absence of the chairman from any meeting of the board, the trustees present shall elect one of their number to act as ehaii-man. 1915, c. 23, s. 108. 109. No resolution, bylaw, proceeding or action of any ProceedingB board of trustees shall be invalid or set aside by reason of any person whose election has been annulled or declared illegal having acted as trustee, nor by reason of any trustee having failed to take tho declaration of office within the prescribed lime. ^0^:>. c. 23, s. 109. Duties of Trusfees. 110. It shall be the duty of the board of every district DuUcb of , . , , n 1 ■ trustees and it shall nave power : 1. To appoint a chairman, a secretary and treasurer or Appoint a secretary treasurer and such other officers and servants"*"^" as are required by this Act ; 2. To procure a eor])orato seal for tbe district; Procure seal 3. To cause to be pre])ared by the proper officers of the j^gty^ns and district and submitted to the department half-yearly and'^P'"'*^ yearly returns respecting attendance and classification of pupils and finances of the district, which returns shall be in form prescribed by the minister ; and to see that all other reports and statements required by this Act or by the minister are transmitted to the department without delay; 4. To keep a record of the proceedings of each meeting Records and of the board siinied bv the chairman and secretary, and to *"*'°"°*® see that true accounts both of the school and district are kept and that the affairs of the district generally are con- ducted in the manner ju-ovided by this Act and with due regard to efficiency and economy; 5. To provide the officers of the board with the books Books necessary for keeping ]'>roper records of the district ; 6. To take possession and to have the custody and safe Property keeping of all the property of the district ; 7. To provide adequate school accommodation for the School acoom- !• ,1 1 • J. • X modation l>urposes ot the district; 8. To purchase or rent school sites or premises, and to School build, repair, furnish and keep in order the school house or building's and houses, furniture, fences and all other school property ; to keep the water supplv, closets and in-emises generally in a proper sanitary condition ; and to make due provision for properly lighting, heating', veutilatiuo: and cleaninir the school room or rooms under its eoutrol and if deemed advisable to ])urchase or rent sites or nremises for a house for the teacher, and to build, repair and keen in order such house; or, to enter into ;in aoreeiiient with anv board or boards for the equipment 1902 Cap. 110 SCHOOLS purpose of erecting, furnishing and maintaining a teachers' residence on such terms as arc mutually agreed upon; Fire escapes Use of school premises Rural telephonen 9. To provide approved metal fire escapes for any school building of two or more storeys; Real property iQ. Subjcct to the approval of the minister to dispose of any of the real property of the district when no longer required for school purposes ; 11. By resolution to permit the school to be used outside of school hours on such terms as are deemed expedient by the board for any educational purpose or for any other law- ful purpose, providing the proper conduct of the school is not interfered with ; 12. When considered expedient to purchase stock in a rural telephone company operating in the school district; to purchase material for installing and operating a telephone in the school in connection with a telephone system operating in the district ; to provide for the maintenance and operation of such telephone; 13. To provide wholesome drinking water for the use of the children during school hours; 14. To provide separate privies for boys and girls in accordance with the regulations of the department; 15. If deemed advisable to erect and keep in order suitable stabling accommodation ; 16. To insure and keep insured the school buildings and equipment ; 17. To provide a suitable library for the school and to make regulations for its management; 18. To select and provide from the list authorised by the minister all such reference books for the use of pupils and teachers and all such globes, maps, charts and other apparatus as are required for the proper instruction of pupils; 19. Subject to the approval of the ratepayers at the annual meeting, to provide, when deemed expedient, in the case of rural districts an organ for the purpose of giving instruction in music, and in town or village districts an organ or a piano ; 20. To require that no text books or apparatus be used in the school under its control other than those authorised by the department; 21. To exempt in its discretion from the payment of school taxes wholly or in part any indigent persons resident within the district, and, where deemed necessary, to provide for the children of such persons text books or other supplies at the expense of the district; Drinking water Privies Stable Inaurance Library Reference books and apparatui Music Authorised texts Indigent persons SCHOOLS Cap. 110 1903 32. To engage teachers qualified under the regulations of Engage the department on such terms as it deems expedient. The contract shall be in the form prescribed by the minister to whom a certified copy shall be forthwith transmitted; 23. To suspend or dismiss any teacher for gross miscon- Susppj^'^ "'■ duct, neglect of duty or refusal or neglect to obey any lawful teacher order of the board, and to forthwith transmit a written statement of the facts to the department ; 24. To see that school is conducted according to the provi- ^°°c*h"oo'i sions of this Act and the regulations of the department; 25. To issue when required by the teacher, at the end of salary each calendar month, an order on the school district in favour of the teacher, for the amount of salary due, and if such order is not paid when presented the same shall draw interest at the rate of eight per centum per annum until paid; 26. To make regulations for the management of the school of ^schoo""""* subject to the provisions of this Act and to communicate them in writing to the teacher; 27. In town districts to determine the number, grade. Schools to territorial boundaries and description of schools to be opened and maintained and to determine in the case of graded schools at what times pupils may be admitted to grade I ; 28. To provide when deemed expedient books, stationery Savings bank and other material necessary in connection with the estab- lishment and maintenance of a school savings bank; 29. When deemed expedient to provide for the maintenance Gardens of school gardens and to contribute to the support of local school fairs and school garden associations; 30. To settle all disputes arising in relation to the school Disputes between the parents or children and the teacher; 31. To suspend from school any pupil who upon investiga- Suspend or tion by the board is found to be guilty of truancy, open^"^^ opposition to authority, habitual neglect of duty, the use of profane or improper language or other conduct injurious to the moral tone or wellbeing of the school ; or to expel any pupil upon confirmation of a resolution of the board to that effect by an inspector : 32. To see that the law with reference to compulsory Truancy education and truancy is observed; 33. To provide such material and appliances for cadet cadet corps, corps and for school sports and games as may be deemed necessary ; 34. Making, if deemed advisable, annual or other grants Grants to The Canadian Patriotic Fund and The Canadian Red Cross Fund, not exceeding $50 in all in any one year; 1904 Cap. 1 1 () SCHOOLS ^^°*''^' 35. To perform such othoi' durios as arc required bv this Act or the regulations of llic; departmeut. 1915, c. 23, s. IIU; 191. The chairman of the board or some ratepayer appointed by it shall be returning officer, and the secretary of the board or some ratepayer appointed by the returning officer shall be poll clerk c. 48, s. 11. 1915, c. 23, s. 134; 1918-19, Opening poll Post notice 137. At the time and place appointed in the notice the returning officer shall declare the poll open and the poll clerk shall record the votes, as they are given, in the poll book (form E). 1915, c. 23, s. 135. 138. A copy of the notice of polling shall be kept in a conspicuous place where the vote is taken. 1915, c. 23, s. 136. Votere Scrutineers Voters' declaration Refusal to take declaration 139. Every ratepayer except the returning officer shall be entitled to vote on the bylaw. 1915, c. 23, s. 137. 140. The returning officer shall admit any two ratepayers who have respectively voted yea and nay into the polling place to act as scrutineers, and on demand allow either or both of them to see any vote recorded in the poll book. 1915, c. 23, s. 138. 141. — (1) The returning officer shall if requested by any ratepayer, or of his o\vn accord, require any person tendering a vote to subscribe to the declaration (form S), and any person subscribing to such declaration shall be permitted to vote. (2) Every such declaration shall be subscribed to in the presence of the returning officer and poll clerk who shall subscribe their names as witnesses thereto. (3) All declarations made under the provisions of sub- sections (1) and (2) shall be retained by the returning officer. 1915, c. 23, s. 139. 142. If a person who desires to vote refuses or fails to sign the declaration when required to do so, the poll clerk shall write in the column headed "remarks" in the poll book the words "refused declaration," and the person so refusing shall at once leave the polling place and shall not be allowed to enter again or vote. 1915, c. 23, s. 140. SCHOOLS Cap. 110 1913 143. Any person subscribino- to a declaration (form S) False containing a false statement shall be gnilty of an offence and liable on summary conviction to a penalty not exceeding $10. 1915, c. 23. s. 141. 144 (1) At the time appointed in the notice of voting closing the returning officer shall close the poll, sum up the votes''" and declare the result. (2) In the case of a tie the returning officer shall give a Casting vote casting vote. 1915, c. 23, s. 142. Complaints as to Cond-uct of Poll, in Rural and Village Districts. 145. Should any ratepayer of a rural or village district Compiainta •^ ^ "^ . ^j^" • I' J"* conduct make a complaint in writing to the returning oincer withmofpoii three days next after the taking of the poll, with regard to the manner in which the poll was conducted, the right of any person to vote or the result of the voting, the returning officer shall forthwith notify such ratepayer in writing of a time and place within seven days of the day of voting when he shall appear before a justice of the peace for a final recount of votes when all complaints which have been made shall be heard. 1915, c. 23, s. 143; 1919-20, c. 37, s. 35. 146. In case no such complaint is duly lodged with the Returns to returning officer he shall, at the expiration of three days Government after the taking of the poll, forthwith forward to the Local Government Board a certified copy of the poll book showing the total number of votes cast for and against the bylaw and he shall make an affidavit which shall be inscribed thereon that the poll was conducted throughout in the manner provided by this Act or with such exception as he shall mention, that the returns contained therein are correct and that no complaints as provided for by section 145 were received by him. 1915, c. 23, s. 144; 1919-20, c. 37, s. 36. 147. — (1) In the event of any complaint being made as Proceedings aforesaid the returning officer shall appear before a justice of pelce^ of the peace at the time and place appointed, shall deliver to the justice the poll book and shall make an affidavit before the justice, which shall be written in or upon such book, that the election was conducted throughout in the manner pro- vided by this Act or with such exceptions as he shall mention, and that the returns contained therein are correct. (2) The justice shall then receive and record in writing any complaint that may be made under oath by any person relative to the conduct of the voting, and shall examine into and decide such complaints by taking evidence under oath. 1915, c. 23, s. 145. 1914 Cap. 110 SCHOOLS Security for costs Proceeding? essentially irregular Return by justice of peace to Local Government Board 148. Before proceeding to the hearing of a complaint the justice shall require the complainant to deposit with him such sum, not less than $25 nor more than $100, as seems necessary to him to cover the cost of the hearing of the complaint which costs shall be paid according to the decision of such justice. 1915, c. 23, s. 146. 149. — (1) If it be found that the proceedings in taking the vote have been irregular in any essential particular, and that injustice has thereby been done, the poll shall be declared null and void and of no effect, and the justice shall forth- with forward to the Local Government Board a full report to that effect. (2) If it be found that any vote has been cast by any person not qualified to vote, or on account of bribery or intimidation, it shall be struck off the poll book. 1915, c. 23, P. 147; 1919-20, c. 37, s. 37. 150. When all complaints have been heard and decided, and the corresponding alterations duly made in the poll book, the justice shall finally sum up the votes cast, and shall forward to the Local Government Board a return (form T), or to the like effect, showing the total number of votes taken and the number remaining on each side after the recount. 1915, c. 23, s. 148. Poll in Toivn Districts. s^ubmfss'ion' 1''>1 — (1) In town districts the board shall give notice to the city or town council, as the case may be, of the authorisation of the loan by the Local Government Board and shall forward to the council a copy of the bylaw and of the authorisation certified respectively by the secretary treasurer, with a request that the bylaw shall be submitted to the burgesses. (2) The council shall thereupon submit the same to the burgesses, to be voted on in the manner provided by The City Act or The Toicn Act, as the case may be. with regard to bylaws creating debts. (3) For the purpose of such submission the council shall have the same authority and jurisdiction for takins: the votes of the burgesses in any portion of the school district which may lie outside the limits of the city or town, as the case may be, as it has for taking such vote within the limits, and it shall take the votes in such outlying portion accord- ingly. (4) "Where a town district lies partly within the limits of another municipality the city clerk or town clerk, as the case may be, shall upon receipt of the request mentioned in subsection fl). make a demand in writing upon the secretary SCHOOLS Cap. 110 1915 of such other luimicipality for a certified list of the burgesses in the portion of the school district lying within such other municipality, and it shall be the duty of the secretary to furnish the same forthwith, distinguishing upon such list, where a separate school is maintained in operation, the public and separate school supporters respectively. (5) Any secretary who fails to furnish such list, as required, shall be guilty of an offence and liable on sum- mary conviction to a penalty not exceeding $10 per day for every day during which the default continues, and in case of nonpayment forthwith after conviction to imprisonment for a period not exceeding one month. 1919-20, c. 37, s. 42. 153. The persons entitled to vote upon the bylaw of a Quaiificatioo 01 voters public school district shall be all the burgesses of the district who are public school supporters according to the last revised assessment roll of the municipality; and, upon the bylaw of a separate school district, all the burgesses of the district who are separate school supporters according to such roll. 1915, c. '23, s. 153. 153. — (1) After the returning officer has made his return Certification of the number of votes cast for and against the bylaw respec- tively, the city or town clerk, as the case may be, shall certify to the board the result of the voting, as shown by such return under his hand and the seal of the municipality. (2) The city or town clerk, as the case may be, shall also without delay forward a similar certificate to the Local Government Board. 1915, c. 23, s. 154. 1.54. The expense of submitting a school debenture bylaw Expense to the burgesses shall be paid by the board to the munici- pality, or it may be retained by the municipality from any funds which become payable by the municipality to the board. 1915, c. 23, s. 155. 155. Where a school debenture bylaw is submitted at the At municipal annual municipal election, the amount chargeable to the^^*^*'"" board shall be the extra disbursements caused by such sub- mission. 1915, c. 23, s. 156. 156. Where such a bylaw is submitted at the same time ^'t^? . as bylaws of the municipality, the amount chargeable to the bylaws board shall be a just proportion onlv of the total expense. 1915, c. 23, s. 157. 157. Where the municipal council and the board disagree Apportion- as to the amount or proportion of the expense to be paid by ™^°* the board, the matter in difference shall be settled summarily bv the Local Government Board at the request of either party. 1915, c. 23, s. 158. 1916 Cap. 110 SCHOOLS Acts to apply Alteration of bylaw 158. All the provisions of The City Act or The Town Act, as the case may be, with respect to voting upon bylaws creating debts, scrutiny of the votes by the judge, and the quashing- of bylaws shall in so far as not inconsistent with the provisions^of this Act, apply mutatis mutandis to school debenture bylaws submitted to the burgesses. 1915, c. 23, s. 159. 159. The board, by resolution (Tr bylaw subsequent to the antliorisation of the loan by the Local Government Board and the final passing of the bylaw, may make such changes in the debenture bylaw as it deems expedient, providing that neither the term of the debenture nor the amount thereof is nltered. 1919-20. c. 37. s. 43. Issue and signature DEBENTURES. Approval, Limit, Duration, and Form. IGO. — (1) Subject to the provisions hereof the board may issue debentures of the district to secure the amount of the priiici]i;il sum borrowed and the interest thereon. (2) The debentures and the coupons shall be signed by the chairman and the treasurer and the debentures sealed with the corporate seal of the district, except that signatures on the coupons may be jirinted, stamped, engraved or litho- graphed. 1919-20', c. 37, s. 44. Local Govern- 1(51. The Local Government Board may sign and seal may sign and the debentures as provided in The Local Government Board e enures ^^ ^^ ^ipon roccipt of the rctum mentioned in sections 146, 150 and 153 or of the recommendation referred to in section 134, toiiether with a certified copy of the' bylaw and the notice of polling. 1919-20, c. 37, s. 45. Limit of debentures Term of debentures 102. The total value of all outstanding debentures issued by a district shall not at any time be for a greater sum than one-tenth of the total assessed value of the assessable property of snr-h district. 1919-20, c 37, s. 46. l(>rj. — (1) Debentures shall not, in village or rural districts, run for a longer term than twenty years if the school buildings are of brick, brick and tile, concrete or stone, nor for a longer period than fifteen years if the buildings arc of frame or log. (2) Tn town districts the debentures mav be made to run for a term not exceeding thirtv years if the school buildings are of solid brick, brick and tile, concrete or stone; and fifteen years, if of frame. (3) Tn the event of the first instalment of principal and interest of a debenture being made payable at a time more • SCHOOLS Cap. 110 1917 than one year from the date thereof, as provided by section 165, the term of ten, twenty or thirty years, as the case may be, above provided, may be extended by the Icni^th of time by which the interval between the date of the debenture and the time fixed for payment of the first instalment exceeds one year. 1919-20, c. 37, s. 47. 164. — (1) Debentures shall not carry interest at a greater interest rate than eight per centum per annum. (2) Provision may be made that the debenture and the coupons shall bear interest at the same rate after as before maturity. 1915, c. 23, s. 163. 165. — (1) Debentures may be dated at any time within ^a^ and twelve months from the date on which notice of the author- debenture isation of the loan appears in The Saskatchewan Gazette. and the first instalment of principal and interest may be made payable at any time within eighteen months of the date of the debentures. (2) Debentures shall be substantially according to the forms provided in the schedule to this Act and may specify that: (a) the principal be repayable in equal annual instal- ments with interest annually or semi-annually upon the balances from time to time remaining unpaid (form IT) ; (b) the principal and interest be combined and made repayable in equal annual instalments (form V) : (c) in the case of a district comprising within its limits a city municipality, the principal be repayable at the end of a period of years with interest payable annually or semi-annuallv (form W). (3) A district may issue debentures in a form other than ■any of the forms set forth in this section, provided that the approval of the Local Government Board thereto shall have £rst been obtained. (4) Debentures and coupons may be made payable at any place in the Dominion of Canada, Great Britain or the United States of America in lawful money of Canada or in sterling money of Great Britain or in orold coin of the United States of America and the value of such money shall Tje as provided in The Currency Act, 1910. 1915, c. 23, s. 164. Sinking Fund. 166. — (1) In case debentures are issued under the pro- sinking visions of clause (c) of subsection (2) of section 165, there iccount shall be raised annually by way of sinking fund a sum sufficient with interest compounded yearly at four per cent. 1918* Cap. no SCHOOLS per annuin to retire the debentures at maturity, and such sum shall be added each year to the amount of the other school rates and taxes and collected therewith. (2) The treasurer shall kecji in his books a separate- account foi- the sinking fund of every such debt, setting forth the amount of moneys raised and appropriated from vear to year for the payment thereof. 1915, c. 23, s. 165;. 1919-20, c. 37, s. 48/ Restriction 167. Xo uioncys rcccived by the board for the purpose of a sinking fund shall in any case be applied towards paying any portion of the current or other expenditures of the district. 1015. c. 23, s. 166. moneyf'°°°^ 108. The board may by bylaw direct that any part of the moneys at the credit of the sinking fund account of any debenture debt instead of being invested as hereinafter pro- vided shall from time to time as the same accrues be applied towards payment or redemption, at such value as the board may fix, of any part of snch debt or of any of the debenture?;, ropresonting or constituting such debt or any part of it. lliougli not then j^ayable, to be selected as provided in such bylaw; and the board shnll thereupon apply and continue to apply swell i):irt of tlio moneys at the credit of the sinking fund iiccoiint ns iiinv be designated, in the manner prescribed by sueli l.vlaw. 1015. c. 23, s. K.T. Diversion of 1(J9. — ( 1) In the cvcut of the board divertins: anv of the moneys ^ - t \ ' i said moneys for current or other expenditure, the members^ of the Iwnivl who vote for such diversion shall be personally lial>l(> foi- the amount so diverted, and the said amount may ■ be recovei-ed bv the district by action against them in the Court of King's Bench. (2) The members of the board who voted for the same shall be discjualified from being elected members of a board of school trustees or holding any municipal office for a period of two years, and in case the board upon the request of any ratepayer refuses or neglects for one month thereafter to bring an action therefor in the name of the district, the action mnv be l)rnna'ht by any ratepayer on behalf of the- (listrin. P.M.". e. 23, s. 10^. Investment 170. Tf aiiv of tlio moucvs at the credit of the sinking of sinking fund ,, ',. ,1 ,i. t , i tj fund aceonnt of a debt cannot Ix^ immediately applied towards repaying the debt by reason of no ])art thereof being yet payable, the board, subject to the approval of the Local Government Board, shall from time to time invest the same in government securities, municipal or school debentures, debentures issued under The Ruml Telephone Act, or in first mortgage of freehold real estate to an amount not SCHOOLS Cap. 110 1919 exceeding one-third of the sworn cash valuation of an independent appraiser, and from time to time as such securities mature mav invest in other like securities. 101."). c. 23, s. 169. Temporary Loan on Dehcntures. l'3'l — (1) After authority has been given by the Loral T|^P°''*'^y Government Board in writing to the board of trustees in town districts to borrow the sum of money mentioned in the bylaw, and after notice of authorisation has been pub- lished in The Sashatchewan Gazette, the board mav bv bvlaw authorise the chairman and treasurer to raise from time to time by way of a temporary loan in anticipation of the issue or sale of the debentures authorised by the bylaw and for the purposes thereby authorised such sums not exceeding in the aggregate eighty per cent, of the total principal suuj authorised by the bylaw as the board deems expedient, and all such temporary loans shall be a special charge upon the debentures in respect of which such temjiorary loans wei'c made. (2) The chairman and secretary treasurer shall have lull power and authority to hypothecate and pledge such deben- tures as security for any such temporary loan on such terms ;ind conditions and at such rate of interest as may be agreed upon and approved by the Local Government Board, and the person making such temporary loan shall have the same ))owers, rights aiid jirivileges np to the extent of the amount of his claim as a hona fde purchaser or mortgagee of such debentures would liavo. ( o) Any eoiirract or agreement made by the board for the sale, transfer or hypothecation of any debentures or any interest therein, made before the board of trustees have been authorised to borrow the money represented by such deben- tures, as provided in section 132, shall be null and void. 1015, c. 23, s. lYO. Registration and Countersignature. 173. Every debenture before being issued shall be sent uegistratinn for registration to the minister who shall cause a proper record to be kept of the same. 1915, c. 23, s. 171. 173. The minister shall thereupon, if satisfied that the Minister shau requirements of this Act have been substantially complied ^"""**'"®'«° with and if the authority to make the loan has not been withdrawn, register and countersign the debenture and such countersigning by the minister shall be conclusive evidence that the district 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 1920 Cap. 110 SCHOOLS the issue of such debenture shall be thereby conclusively established and its validity shall not be questionable by any court in Saskatchewan but the same shall, to the extent of the revenues of the district issuing the same, be a good and indefeasible security in the hands of any bona fide holder thereof : Provided that the signature of the deputy minister on any debenture heretofore issued or hereafter to be issued shall be and is a valid and sufficient countersignature of such debenture by the minister. 1915, c. 23, s. 172. CONDUCT OF SCHOOLS. School Terms. Two terms 174. The school year shall begin on the first day of January and end on the thirty-first day of December, and shall be divided into two terms ending the thirtieth day of .Tniio and the thirty-first day of December respectively. 1915. c. 23. 1 I ■). Hours. School hours 1 T.l. — (1) School shall be held between nine o'clock and twelve o'clock in the forenoon and half-past one o'clock and four o'clock in the afternoon of every day, standard time, not including Saturdays, Sundays or holidays, but the board may niter or shorten the schnnl hours upon receiving the permission of the minister. (2) Except in town districts, when an alteration from standard time of more than thirty minutes is proposed the minister may require that a petition to that effect be sub- mitted to the department signed by at least two-thirds of such resident ratepayers of the district as are parents or o-uardinns of children attending school therein. (3) A recess of fifteen minutes in the forenoon and in the afternoon shall be allowed the children attending school. 1015. c. 23, s. 174. Vacations. Vacations 176. — (1) In every rural and village district where school is kept open during the whole year there shall be at least seven weeks' holidays, of which not less than one or more than six shall he ffiven in summer to be apportioned at the dis^'i-etion of the board: Provided that the summer holidays shall be given between the first div of July and the first dav of October and the winter holidays between the twenty-third day of December and the fifteenth dav of "February. SCHOOLS Cap. 110 1921 (2) In every town district there shall be at least seven weeks' holidavs, six weeks of which shall commence on the second day of July and nine days on the twenty-third day of December. (3) Except in the case of districts in which the school is kept open less than two hundred days and such districts as have the longer vacation in the winter months in accordance with the provisions of subsection (1), the week beginning Easter day shall be a holiday. (4) The board of any tow^n or village district in which the school is to be kept open during the whole year may allow additional holidays not exceeding two weeks. (5) When a school is to be kept open during a portion of the year only, the board may give holidays not to exceed two weeks between the first day of July and the first day of October. (6) In the case of every rural district, it shall be the duty of the board, on or before the first day of June in each year, to notify the inspector of the district of the time when the school will be closed for holidays. 1915, c. 23, s. 175; 1918-19, c. 48, s. 12 ; 1919-20, c. 37, s. 49. Holidays. 177. — (1) Good Friday, Easter Monday, Victoria Day, Holidays Dominion Day, Thanksgiving Day, Christmas Day, Xew Year's Day, and any day specially appointed as a holiday by the Governor General, the Lieutenant Governor of Sas- katchewan, the mayor of a city or towm or the reeve of a rural municipality shall be holidays; and it shall be in the discretion of the board to allow any other holidays not exceeding one day at a time. (2) The board of any district may declare Ash Wednes- day, the birthday of the reigning sovereign. Arbor Day (second Friday in May) and Labour Day to be holidays. 1915, c. 23, s. 176; 1918-19, c. 48. s. 13.' Language to he Used. 178. — d) Except as hereinafter provided, En2:lish shalHanguage of -^ cj instruction be the sole language of instruction in all school =, and no language other than English shall be taught dnrins- school hours. C2) In the case of French speaking pupils, French may be used as the language of instruction, but such use of French shall not be continued beyond Grade I and in the case of any child shall not be continued beyond the first year of such child's attendance at school. 1922 Cap. 110 SCHOOLS (3) Wlicii the board of any district passes a resolution to that effect, the French language may be taught as a subject for a period not exceeding one hour in each day as a part of the school curriculum, and such teaching shall consist of French reading, French grammar and French composition. (4) Where the French language is being taught under the provisions of subsection (2) or (3), any pupils in the schools who do not desire to receive such instruction shall be profitably employed in other school work while such instruction is being given. 1918-19, c. 48, s. 14. Religious instruction Attendance not oooipulsory No pupil deprived of ordinary education Religious Instruction. 179. — (1) ISTo religious instruction except as hereinafter provided shall be permitted in the school of any district from the opening of such school until one-half hour previous to its closing in the afternoon, after which time any such instruction permitted or desired by the board may be given. (2) It shall, however, be permissible for the board of any district to direct that the school be opened by the recitation of the Lord's prayer. 1915, c. 23, s. 178. 180. Any child shall have the privilege of leaving the school room when religious instruction is commenced as pro- \ided for in section 179 or of remaining without taking parr in any religious instruction that is given if the parents or guardians so desire. 1915, c. 23, s. 179. 181. No teacher, school trustee or inspector shall in any way attempt to deprive such child of - any advantaao that it might derive from the ordinary education given in such school, and any such action on the part of any school trustee, inspector or teacher shall be held to be a disqualification for and voiflance of the office held by him. 1915. c. 28. s. 180. Kindergarten Classes. Ages and fees 182. Kindergarten classes may be established in any town district for the teaching and training of children between the ages of four and six years according to kindergarten methods, and a fee therefor may be charged not exceeding $1 per month for each pupil. 1915, c. 23, s. 181. Night Classes. Maintenance ts,3. The board of any district mav engage a qualified and [ecs ■' ' i 'T ii f teacher and make necessary arrangements at the expense ot the district for the maintenance of a niglit school: Provided that if the school is kept open for one month SCHOOLS Cap. 110 1923 a fee may be charged of not more than $2 per month for each month or portion of month that the pupil is in attend- ance. 1915, c. 23, s. 182. Manual, Industrial and Physical Training. 184. The board of any district, subiect to the regula- Special tions of the department in that behalf, shall have power: 1. To make such provision as it deems advisable for giv- ing instruction in its schools in manual training, industrial training, domestic science and physical training; 2. To make such provision as it deems advisable for industrial evening schools in which persons employed during the day may receive theoretical and practical instruction in the trades or occupations, with related instruction in English, mathematics, drawing, science, history and geography; 3. To appoint an advisory committee of at least seven members, the persons so appointed to be resident ratepayers of the district and to be selected on the ground of competence to give advice and other assistance in the mangement of such classes or schools as are established under the foregoing paragraphs. 1915, c. 23, s. 183. 185. Subject to the approval of the minister, the board f^d"*P'""' shall have authority: ourneuium (a) to provide suitable accommodation and equipment for such schools and classes as are established under paragraphs 1 and 2 of section 184 ; (6) to prescribe subjects of study; and (c) to make provision for examinations and diplomas. 1915, e. 28, s. 184. 186. The board shall have authority to employ and dis- Maimenan.v miss teachers and fix their salaries; to fix the fees payable by students in attendance ; and to do all things necessary for carrying out paragraphs 1 and 2 of section 184 according to their true object and intent with respect to any schools established thereunder. 1915, c. 23, s. 185. COMPULSORY EDUCATION. 187. In every district in which there are at least ten school periods children between the ages of seven and fourteen years inclusive residing within the limits of the district, it shall be the duty of the board to keep the school open at least two hundred teaching days durins; the year : Provided that in the case of a newlv organised district, this section shall not apply during the first year in which a school is in operation.^ 1915, c. 23, s. 187; 1918-19, c. 48, s. 16. 1924 Cap. 110 SCHOOLS Provision for education Special provision respecting closing 188. When the number of children between the ages of seven and fourteen residing within the limits of the district is insulfieicnt to require the school to be kept open in accord- ance with section 187 and the board fails to keep the school in operation it shall be the duty of the board to make pro- vision for the education of the children in accordance with section 207. 1015, c. 23, s. 188. 189. If for any cause the board of trustees of any district deems it inadvisable or inexpedient to keep its school open or otherwise provide for the attendance of the children at a public school as herein provided, it shall submit a statement of the facts to the minister who in his discretion shall have power to make such order with respect thereto as he deems fit and it shall be the duty of the board to carry out the provi- sions of such order s. 18. 1915, c. 23, s. 190; 1918-19, c. 48, Attendance of deaf children 190. — (1) Every deaf child between the ages of eight and fifteen years inclusive, certified by a physician as fit for instruction, shall attend for at least seven months in each year such school for the deaf as shall be determined by the minister. (2) A parent or guardian who refuses to allow any such child under his care to attend a school for the deaf as herein provided shall be guilty of an offence and liable to a penalty not exceeding twenty-five dollars and costs. 1916, c. 24, s. 10. TEAOHEE. Qualification. Qualification 191. — (1) No pcrsou shall be engaged, appointed, employed or retained as teacher in any school unless he holds a valid certificate of qualification issued under the regula- tions of the department. (2) Any person not qualified under this section who conducts a school or acts as teacher shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50, and in default to imprisonment for a term not exceeding one month : Provided, however, that no prosecution shall be instituted under this section except by order of the minister. 1915, c. 24, s. 198; 1917, c. 18,"s. 14. Engagement and Dismissal. 192. A teacher shall not be engaged or dismissed except under the authority of a resolution of the board passed at a regular or special meeting of the board. 1915, c. 24, Engaged by board s. 199; 1916, c. 24, s. 11. SCHOOLS Cap. 110 1925 193. The contract entered into shall be in a form pre- Fom. of scribed by the minister, and such form may be altered or amended as may be mutually agreed upon by the contracting parties, provided such alterations or amendments are not inconsistent with any of the provisions of this Act or the regulations of the department. 1915, c. 23, s. 200. 194. The contract shall be deemed valid and binding if Validity signed by the teacher and by the chairman on behalf of the board and duly witnessed. 1915, c. 23, s. 201. Payment of Teachers. 195. — (1) The salary of a teacher, who has been actually Computation enffasred in teachinii; in anv district for four months or more continuously, shall be estimated by dividing the rate of salary for the year as set forth in the teacher's agreement by 210 and multiplying the result obtained by the actual number of teaching days the school has been in operation during the period of the teacher's engagement : Provided however that if the salary stated in the teacher's agreement is given at a monthly rate the rate of salary for the year shall be deemed to be a sum equal to twelve times the said monthly rate ; Provided further that if a teacher has taught more than 210 days in any calendar year he shall be entitled only to a year's salary ; Provided further that a teacher shall be entitled to salary for daj's upon which he is necessarily absent from school attending a teachers' convention or institute approved by the minister, not exceeding four days in any one calendar year ; and for days during which the school is closed by order of a duly qualified medical practitioner or the board because of the existence within the district of an actual or threatened epidemic of disease, not exceeding thirty teaching days in the calendar year; And provided further that notwithstanding anything herein contained the board of any district shall have power to enter into such contract with its teacher regarding the amount of salary to be paid as may be mutually agreed upon and set forth in the agreement provided herein. (2) Either party thereto may terminate the agi"eement for Termination teaching between the teacher and board of trustees by giving ° ^^'■®^"®° not less than thirty days' notice in writing to the other party of his or its intention"^ so to do. 1915, c. 23, s. 202; 1917, c. 18, s. 15. 196. Every teacher in case of sickness certified by a quali- sickness fied medical practitioner shall, at the termination of his engagement, be entitled to his salary during such sickness for a period not to exceed 20 days for the entire year, or in 1926 Cap. no SCHOOLS case the teacher is in charge for a shorter term than one year for a period bearing the same proportion to 20 that the number of teaching days during which he was in charge of the school bears to 210. 191 r>^ c. 23, s. 203; 1917, c. 18, s. IG. rayment of srilarv Teaching Discipline Time t-able Register Promotions Monthly reports Arbor Dav Sanitary condition of schr>o1 room Care of property ii^'t. A teacher whose agreement with a board has expired or who is dismissed bv it shall be entitled to receive forth- with all money due him for his services as teacher while cnnployed by the board. If such payment be not made by the board, or tendered to him, ho shall be entitled to recover rhe full amount due and unpaid wdth interest in any court of competent jurisdiction. 1915, c. 23, s. 204. Duties of Teacher. li>S. It shall be the duty of the teacher: 1. To teach diligently and faithfully all the subjects- required to be taught by the regulations of the department ; 2. To maintain proper order and discipline and to conduct and manage the school in accordance with the regulations of the department; 3. To keep in a conspicuous place in the school room a time table showing the classification of pupils, the subjects taught each day and the length of each class period ; and to- submit such time table to the inspector for his approval <>n the occasion of his visit to the school ; 1. To keep the school registers in the prescribed form and accessible to trustees, officers of the board, inspectors and any other person authorised by the minister to examine tluMii : 5. To make such promotions from one class or grade to. another as he deems expedient subject to the ratification of the inspector at his next visit ; 6. To send monthly to the parents or guardian of each' pupil if required by the board a report of the pupil's attcMnl- ance, conduct and progress; 7. To encourage the observance of Arbor Day by holdings suitable exercises, to take an interest in the cleanliness and' tidiness of the school grounds and to secure the co-operation, of trustees and parents in planting trees and shrubs about the school ; S. To give strict attention to the proper heating, ventihi- tion and cleanliness of the school house and to the condition, of the outhouses in connection with the same and to report to the board :my defect with respect thereto; 0. To exercise vigilance over the school property, the buildings, fences, furniture and apparatus so that they may not receiv(> unnecessary injury and to give prompt notice in: writino- to the board of any such injury; SCHOOLS Cap. 110 1927 10. To report to the board any necessary repairs to the Repairs school buildings or furniture and any required supply of fuel, drinking water, furniture or equipment; 11. To see that the provisions of paragi"aph 14 of section Privies 110 have been complied with, and if not to report to the board and in case of any neglect on the part of the board to notify the minister; 12. To suspend from school any pupil for violent opposi- Suspend tion to authority or other gross misconduct and to forthwith report in writing the facts of such suspension to the board which shall take such action with regard thereto as it deems necessary ; 13. To assist the board and its officers in making the pre- Ketums to 1 c • 1 1 department scribed returns to the department, and to lurnisn the secre- tary with the statement required in section 70 ; 14. To furnish to the minister, the inspector of schools, Give , , - • 1 1 1 • • • £ information re the board or any person appointed by the minister any mior- school mation which it is in his power to give respecting anything connected with the operation of the school or in any wise affecting its interests or character; 15. To deliver up any school registers, school house key Give up or other property of the district in his possession when '''"''''®'"''- required by a written order of the board ; 16. To attend all meetings of the teachers called by the Attend principal or superintendent of schools. 1915, c. 23, s. 205. ""^® '°"' Duties of Principal. 199. in every school in which more teachers than one are Principal .niid employed the head teacher shall be called the principal and the other teachers assistants. 1915, c. 23, s. 206. 200. The principal shall prescribe with the concurrence Principals of the board the duties of the assistants and shall be respon- sible for the organisation and general discipline of the whole school. 1915, c. 23, s. 207. Teachers' Associations. *-i01. Anv number of teachers mav organise themselves Meetings ' • • IT- i' 1 • j; xl, subject to into an association and subject to the regulations oi tne regulations department may hold conventions and institutes for the pur- pose of receiving instruction in and discussing educational matters. 1915, c. 23, s. 20S. SCHOOL AGE. 202. In rural and village districts every person between School age the ages of five and twenty-one years, and in town districts between the ages of six and twenty-one years, shall have the right to attend the school. 1915, c. 23, s. 209. 1928 Cap. 110 SCHOOLS FEES. P^ 203. — (1) Except where otherwise herein provided no fees shall be charged by the board of any district for the attendance of a child whose pnrent or lawful 2:nardian is a taxpayer of the district. (2) In case snch j)aront or lawfid sniardian is a nonresi- dent of the district or is an occupant whose name is not on the last revised assessment roll and the amount of taxes last levied in respect of the property owned or occupied is less than $20, the board may demand a fee for the school year equal to the difference between the said sum of $20 and the amount of such taxes, and for a portion of the school year a proportionate part of such fee. (3) If the board of n district maintains one or more departments in its school exclusively for pupils above Grade VII, as defined from time to time by the regulations of the department, it may charge the parent or lawful guardian of any pupil in attendance at any such department a fee not exceeding $9 for the first term and $6 for the second term in any year, if such parent or lawful guardian is a resident tax- payer of the district ; and, in case such parent or lawful guardian is not a resident taxpayer of the district, a fee not exceeding $18 for the first term and $12 for the second term ; and all such fees shall be payable at such times and in such amounts as may be determined by the board: Provided that a board of trustees may in its discretion exempt an^' parent or lawful guardian from the payment of such fees. ' 1915, c. 23, s. 210; 1919-20, c. 37, s. 50. EDUCATION Oli" XOX RESIDENT CHILDREN. Education 20-1. — (1 ) A pcrsou liviuo; in an area not organised into ■of nonresident ^ i ^ ^ c t • j: children r^ gcliool district may apply to the board of any district for the admission to the district school of a child of which he is parent or guardian, and it shall be the duty of the board to *>.dmit such child. (2) The board may require that the application for admis- sion be accompanied iDy a statement from the inspector of the district that the accommodation of the school is sufficient for the admission of the child. (3) The parent or guardian of such pupil shall pay fees as provided by the board, but such fees shall not exceed ten cents per day per family, which fee shall be payable monthly in advance and shall be calculated according to the number of actual teaching days in each month. (4) The board may admit children to the school from any district, subject to the provisions of subsections (2) and (3). 1915, c. 23, s. 211 ; 1918-19, c. 48, s. 19; 1919-20, c. 37, s. 51. SCHOOLS Cap. 110 1929 305. The parent or lawful guardian of any child residing Resident within the limits of any district, and who is not a taxpayer thereof may send his children to the school operated within the district subject to subsection (3) of section 204. 1915, c. 23, s. 212. 200. — (1) Any person not livino- within a district may Application 1 ^ , •'t •*■ - , . . ~ , , . .J. of nonresident apply to the board of any district to have his property, it to i,ave not already included in any other district, assessed in such assessed district to secure the advantages of education for his chil- dren, and in such case, on the report of an inspector that the accommodation of the school room is sufficient for the admis- sion of the children of such person, the board shall receive such application and cause the said property to be placed on the assessment roll of the district, and such property shall remain liable to assessment in such district until a new district is established including the said property ; and for the purpose of enforcing payment of taxes and of all remedies therefor the said property shall be deemed to be within the school district on the assessment roll of which it is placed. (2) Whenever the property of any person is placed on the assessment roll of the district under the provisions of this section the board shall notify the department giving the name of such person and a description of such property. 1915, c. 23, s. 213. CONVEYANCE OF SCHOOL CHILDREN. From One District to Another. 307. — (1) Upon a petition hereinafter provided for being Agreement \ ^ T^ . ^. 1 ^ 1 1 T 5 by boards for transmitted to the minister, he may empower the board ot education ^f any rural district to enter into an agreement with any other another board or boards for the education of the children of its*^'^*"^*" district upon such terms as are mutually agreed upon and approved by him, and the first mentioned board shall have full power and authority to make provision for the carrying out of the terms of the agi^eement and for the conveyance of the children to and from school out of the funds of the district : Provided that any such agi'eement may be terminated by any board party thereto by giving notice on or before the first day of October in any year, and upon such notice being given the agreement shall cease and determine on the last day of the month of December following. (2) The petition for permission to enter into such an agreement may be in form prescribed by the minister, and shall be signed by at least two-thirds of such resident rate- payers of the district as are the parents or guardians of children between the ages of five and sixteen years inclusive. 1930 Cap. lit) SCHOOLS (3) The statements contained in the petition shall be verified by the affidavit of two of the subscribing petitioners and the signatures of the resident ratepayers signing the petition shall be verified by the affidavit of a subscribing witness thereto. (4) In case a district is formed under the provision of subsection (4) of section 13, it shall be the duty of the board of trustees to provide for the expense of conveyance to and from school once a day each way of the children of school age of resident taxpayers. 1915, c. 23, s. 214. Within the School District. Co3to( 208. — (1) A board may make due provision subiect to the regulations of the department in that behalf for the proper conveyance of any of the school children resident within the district to and from school, and it shall have power to provide for the cost of such conveyance in the same manner as is provided for the other expenditures of the district. (2) The secretary of every district in which provision is made as aforesaid shall forthwith notifv the minister. 191. ">, c. 23, s. 215; 1919-20, c. 37, s. 52. PonteyanJe'' ^^^' ^^ ^^^^^ ^^ ^^^ duty of the board of every school district formed under the provisions of subsection (3) of section 13 or clause (a) of subsection (1) of section 54 to provide for the expenses of the conveyance to and from school once a day each way of all pupils being the children of resident taxpayers whose residence is distant therefrom more than one and one-half miles as measured by the nearest I'oad allowance. 101;"). c. 23, s. 216. Regulations 210. Subicct to thc approval of the Lieutenant Governor for conveyance . ^ -11 •• ^ i- ci in Council, the minister may make regulations tor the proper conveyance of children and for the keeping of proper records of the number of children conveyed, the distance travelled, the cost of conveyance and such other information as may l«e desired. 1915, c. 23, s. 217. CONTAGIOUS AND INFECTIOUS DISEASES. toauend'"'' ^^^ — C^) "^^ c^il<^ OY othcr pcrson suffering from or .school convalescent from any of the following diseases, viz.: small- rciuircrl i". i i • t i i • • i pox, scarlet fever, diphtheria, diphtheritic croup, membra- nous croup, measles, German measles, whooping cough, chickenpox, mumps, cerebro-spinal meningitis, cholern. typhoid, plague, glanders, anthrax, pulmonary tuberculosis (consumption), trachoma, and no child or other person residing upon the premises where any of the above mentioned diseases are located or who may have resided upon such SCHOOLS Cap. 110 1931 premises up to within a week prior to the onset of the disease shall be allowed to attend any school established under this Act without written permission from a medical health officer or the Commissioner of Public Health. (2) Whenever a case of any of the above mentioned diseases develops in any house, an occupant of which attends school, the householder shall within eighteen hours after the existence of such disease becomes known, notify the teacher and the medical health officer. (3) When a board of health or medical health officer knows of the existence in a household, any member of which attends school, of any of the above mentioned diseases, such board or officer shall at once notify the teacher. (4) When a teacher has reason to suspect that a pupil has or that there exists in the home of a pupil any of the above mentioned diseases or any contagious skin disease he shall forthwith notify the medical health officer, the chair- man of the board and the parent or guardian of such pupil in order that an inquiry may be made, and such pupil shall not attend school until medical evidence is obtained to the effect that no such disease exists. (5) Whenever necessary the medical health officer of any locality may require a certificate or other evidence of satis- factory vaccination for smallpox to be presented by every pupil attending any school established under this Act, and every pupil who refuses to produce such certificate or evi- dence on demand may be excluded from such school during, the whole time of his refusal or neglect. (6) In case of the prevalence of an epidemic of disease, if there is no medical health officer for the locality, a board of trustees may by resolution order the school to be closed, and in such case the secretary shall forthwith notify the minister and the Commissioner of Public Health. 1915, c. 23, s. 218; 1918-19, c. 48, s. 20; 1919-20, c. 37, s. 53. 313. When the Commissioner of Public Health or muni- ^J°^j^°^ °^ cipal board of health considers it necessary to order the clos- ing of a school for the purpose of preventing or checking the spread of any contagious or infectious disease, the board of trustees of the district or the persons in charge of such school shall not admit any pupil into it until they have received permission from the commissioner or municipal board of health to reopen school. 1915, c. 23, s. 219. PENALTIES AND PROHIBITIONS. 313. In case a board wilfully neglects or refuses to Fulfilment of exercise the corporate powers vested in it by the Act for the fulfilment of any contract made by it, every member of the 1932 Cap. no SCHOOLS board shall be personally responsible for the fulfilment of such contract unless he shows to the satisfaction of the court or a judge that he made reasonable efforts to have the board carry out its contract. 1015, c. 23, s. 220. Liability u( trustees *il4. Should the board of any district wilfully contract liabilities in the name of the district gi'cater or other than as provided or allowed by this Act, or appropriate any of the moneys of the district for purposes other than are provided or allowed by this Act, the treasurer of the district or some other person authorised by the minister may recover as a debt in a court of competent jurisdiction from the members of the board who voted for or sanctioned such illegal action jointly or severally, the sum for which the district has been rendered liable through the action of such trustees over and above the amount so provided by this Act, in addition to the total amount of any moneys that have been misappropriated by such trustees. 1915, c. 23, s. 221. False report or register ^15. If any trustee knowingly signs a false report or if any teacher keeps a false school register or knowingly makes a false return, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding $20. 1915, Oft C. '16, S. 'ITl 229 Wrongful detention of property of district Noncompliance with Act or regulations ^16. — (1) Any trustee, officer or employee of a district who after ceasing to hold office detains any money, book, paper or thing belonging to the district, shall thereby incur a penalty not exceeding ,$20 for each day during which he wrongfully retains possession of such money, book, paper or thins: after having received notice in writing from the chair- man of the board or from the minister, requiring him to deposit the same in the hands of some person mentioned in such notice. (2) Any person required by this Act or by the regula- tions made thereunder to furnish information or make return or statement in writing to the department or to per- form any act or duty, who refuses or neglects to furnish such information or make such return or statement or perform such act or duty shall be giiilty of an offence and liable to a penalty not exceeding $50^ 1915, c. 23, s. 223: 1917, c. 18, s. 17. Misconduc of returninR officer 217. Any returning officer of a district or proposed district, acting under the provisions of this Act, who shall knowingly and wilfully prejudice the result of any voting by preventing votes from being taken or by taking unlawful votes, or by altering returns or books in any way, or by any other means, shall be liable to a penalty not less than $10 and not exceeding $100. 1915, 23, 224. SCHOOLS Cap. 110 193S 318. Any person who wilfully disturbs, interrupts or Disturbing disquiets the proceedings of any school meeting- authorised meetings to be held by this Act, or wilfully interrupts or disquiets any school established and conducted under its authority by mde or indecent behaviour or by making a noise, either withm the place where such school is kept or held or so near thereto as to disturb the order of exercises of the school, shall be guilty of an offence for which he shall forfeit for the use of the district within which the offence was committed a sum not exceeding $20. 1915, c. 23, s. 225. 319. Any person who subscribes to any statement, declara- Faise^^^^ tion, return or other document prescribed herein or by the in returns minister under the provisions hereof, and therein wilfully and knowingly makes any false statement, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $25. 1915, c. 23, s. 226. 330. No pupil shall bring to the school premises explo- sives or firearms, and any parent or guardian allowing his child to do so shall be guilty of an offence and liable on sum- mary conviction to a fine not exceeding $20. 1915, c. 23, s. 227. 331. Any trustee or official of a district whose duty it is ^^ijurejo give to give the notice calling an annual or other meeting of the meeting ratepayers as required herein, who fails to give such notice, shall be giiilty of an offence and liable on summary convic- tion to a penalty not exceeding $5. 1915, c. 23, s. 228. 333. A teacher, trustee or other person who uses o^' ^^"^yfj^^rised causes to be used an unauthorised text or reference book, text books either in the place of or to supplement an authorised text or reference book upon the same subject, shall be guilty of ^^"^'^^ an offence and liable to a penalty not exceeding $10 : Provided, however, that no prosecution shall be instituted under this section except by order of the minister. 1917, c. 18, s. 18. 333. A teacher shall not hold the office of school trustee J^^^^l^l' °°* * in the district in which he is employed as teacher. 1915, c. 23, s. 229. 334 (1) No trustee, teacher or officer of a school r^^erfe^'com^^' district shall receive payment or other compensation directly ^f/^'"' ^°' or indirectly as agent for the sale of any furniture, apparatus or equipment or other merchandise whatsoever for the use of any school district in which he is trustee, teacher or officer. (2) No person shall employ as agent for the sale of such merchandise anv such trustee, teacher or officer. 1934 Cap 110 SCHOOLS (3-) Any person violating the provisions of this section shall be liable to a penalty not exceeding $50. 1915, c. 23, s. 230. o^finl!'"^ --;■). All fines, penalties and forfeitures mentioned in this Act may be recovered and enforced with costs on sum- mary conviction before a justice of the peace. 1915, c. 23, s. 231. oi^peoaiue^ 226. All moucys accruing from fines or penalties under this Act shall unless otherwise provided belang to the con- solidated fund of the province. 1915, c. 23, s. 232. ORDERS. Orders not 237. No ordcr purporting to be made under this Act and for irregularity being withiu the powers conferred thereby shall be deemed invalid on account of noncompliance with any of the condi- tions required by this Act as preliminary to such order; and no misnomer, inaccurate description or omission in any such order shall in any wise suspend or impair the operation of the Act with respect to the matter so misdescribed or omitted. 1915, c. 23, s. 233. Correction of error in 328. Any misdescription or other error in any order made orders ^jy ^j^g miuistcr or in any order made or proclamation issued by the Lieutenant Governor in Council under the provisions of this Act, or under the provisions of any other Act respect- ing schools at any time in force in Saskatchewan, may be corrected and confirmed with such correction as of the date on which it was made or issued by any subsequent order. 1915, c. 23, s. 234. MISCELLANEOUS. may'd^ciare 339. Thc miuistcr may, by order, notice of which shall districfs \fQ published in 21ie Saskatchewan Gazette, declare that for status i , •" the purposes of this Act any district shall be deemed to be a rural village or town district as the circumstances may require, and thereafter all the provisions of this Act relating thereto, as the case may be, shall apply. 1915, c. 23, s. 235. Confirniauon 330. All school districts heretofore erected or purporting districts so to be are hereby confirmed as districts legally established under this Act with any alterations of boundaries made or purporting to have been made, and all debentures issued by the trustees or commissioners of any such school districts are hereby confirmed and declared to be legal and valid charges upon thc school property and rates of the districts issuing the same, notwithstanding any defect or irregularity in any proceeding in respect of or preliminary to the erection of such districts or alterations of the boundaries thereof or the issuing of such debentures. 1915, e. 23, s. 236. SCHOOLS Cap. 110 1935 SCHEDULE. FORM A. (Section U {2) ) Petition for Organisation of School District. (1) It is proposed that the boundaries of the district shall include the following lands, namely: (2) The number of persons actually residing within the proposed district who on its organisation will be liable to be ♦ assessed for school purposes is (3) The number of children between the ages of five and sixteen years inclusive actually residing within the proposed district is (4) The number of acres of assessable land in the proposed •district is . , • (5) The total value of the assessable property within the proposed district is (6) A suitable school site can be obtained at the centre of the district. (If this is not the case state reason why central site is unsuitable.) We, the undersigned school committee, hereby certify that the above statements are true and that the plan of the pro- posed district accompanying this petition contains all the information called for by section 14 of The School Act. Dated this dav of 19 Committee. Secretary P.O. FORM B. {Section 15 (i) ) Notice to Trustees. To the secretary of The School District !N"o. of Saskatchewan. Take notice that eight clear days after the date of this notice the undersigned committee will apply to (minister or council) for approval of boundaries of a proposed district 1936 Cap. 110 ' SCHOOLS as indicated on the attached plan and that the said proposed district includes the followinir lands now within the limits of your district, namely : Dated this dav of 19 . Committee. Note. — This notice must clearly indicate to whom applica- tion will be made. Tf to the council of a rural municipality the name and number of same must be eiven. FORM C. (Section 15 (5) ) Notice to Ratepayers. Take notice that eight clear days after the date of this notice the undersigned committee will apply to (minister or council) for approval of boundaries of a proposed district which includes your land. A plan of the proposed district has been delivered to the secretary of your board of trustees. Dated this dav of 10 . Committee. Note. — This notice must clearly indicate to whom the application will be made. If to the council of a rural muni- cipality, the name and number must be given. FORM D. (Section 21 (2) ) Appkoval of J3ol'M)Aries of Proposed School Disstkict. This is to certify that the boundaries of a certain proposed district have been considered and that it has been decided that the said district shall include the following lands, namely: (here insert a description of the lands giving the sections, parts of sections, toionship. range and meridian). SCHOOLS Cap. 110 1937 Dated this Hay of 19 . Reeve. Secretary. Name of Municipality . FOKM E. {Section 25 {3) ) First School Meeting. Public notice is hereby given that the first school meeting for the organisation of the undermentioned lands into a new school district and for the election of trustees will be held on the day of 19 , .at The meeting will be called to order at 2 o'clock in the afternoon (standard time). The poll for voting for and against the district shall remain open only one hour. Ten minutes will be allowed for nominating trustees. The poll for trustees shall remain open one hour. The boundaries of the district proposed to be voted upon include the following lands: (here insert a description of the lands giving the sections, parts of sections, township, range and meridian^. Date of posting this notice: The day of 19 . School Committee. FORM F. (Sections 25 (4) and 31) Proof of Posting of Notices for First School Meeting. We, the undersigned, hereby certify and declare that the <'opies of notice attached hereto were posted up by us eight 1938 Cap. no SCHOOLS clear days before the day of the first school meeting held in the proposed school district described in the said notice. Signatures of persons Places where notices were posted who posted notices No. (1) (2) (3) (4) (5) (6) Sec. Tp. Rge. Mer. .Post O^ce, FORM G. (Sections 26 (2), 27 (1) and 31) Deci.aration of Resident Ratepayers. Proposed School District of Saskatchewan. General location : Township range west of the meridian. The undersigned severally declare, each for himself or herself, that he or she is of the full age of twenty-one years, that he or she actually resides within the above mentioned proposed school district, and that he or she (or his or her wife or husband) has resided therein and owned or been the occupant of assessable property therein for a period of at least two months immediately prior to this date. Signatures of resident Property owned or occupied ratepaj^ers Sec. Tp. Rge. Mer. » Witnesses to the above signatures Chairman. Dated this dav of Secretary. 19 . SCHOOLS FORM H. Cap. 110 1939 (Section 29 {2) ) Poll Sheet for Organisation of District. Names of resident ratepayers In favour of district Opposed to district Note. — If the ratepayer declares he is in favour of the district an X should be entered opposite his name in the second column, if he is opposed to the district the cross should appear in the third column. FORM I. {Section 30 (7) ) Poll Sheet for Election of Trustees. Names of resident ratepayers Names of persona nominated Note. — Each ratepayer has the right to vote for three trustees, an X should be placed after his name and under the name of each person he votes for. FORM J. {Section 46) Public Notice. Public notice is hereby given that eight clear days after the date of this notice the trustees of The School District 'No. of Saskatchewan will make appli- cation to {here state to ivhom application will he made) for the approval of a school site for the said district situated as follows: {here describe the proposed site). Dated this day of 19 . Secretary. Vol. 11.-26. 1940 Cap 110 SCHOOLS FOR.Ar K. (Section 4S (2) ) Approval of School Site. This is to certify that the foUowino; has been appro\ed as a school site for The School District No. of Saskatchewan. Dated this day of 19 . or Minister. Reeve. Spr.i o ecretary. Name and number of uiimicipality. FORM L. (Sections IJi- (S) and 55 (1) ) Certificate of Notification. This is to certify that all the resident ratepayers of the lands affected and the boards of trustees of the school districts affected by the proposed rearrangement of boun- daries of the school districts in township range west of the meridian as submitted for your approval and shown on the attached diagram have been duly notified in accordance with the provisions of The School Act. Dated this day of 19 . Signature of Applicant. Note. — This certificate should accompany the application for an alteration or petition for a new district when the same includes lands alreadv within the boundaries of an organised district. for;m ]\r. (Section 55 (2) ) Notice to Trustees. To the secretary of The School District No. of Saskatchewan. SCHOOLS Cap. 1 10 1941 Take notice that eight clear days after the date of this notice the undersigned will make application to (minister or council) for approval of an alteration in the boundaries of jour district as indicated in the attached plan. Dated at this day of 19 . /Signature of Applicant. Note. — This notice must indicate clearly to whom the application is made. If to the council of a municipality the name and number must be given. FORM N. (Section 55 (-4) ) iSToTiCE TO Ratepayers. Take notice that eight clear davs after the date of this notice the undersigned will make application to (minister or council) for approval of a certain proposed alteration in the boundaries of The School District No. of Saskatchewan, which affects your land as shown by a plan filed with the secretary of your district. Dated at this day of 19 . Signature of Applicant. Note. — -This notice must indicate clearly to whom the application is made. If to the council of a municipality the name and number must be given. FORM O. (Section 55 (6) ) Approval of Alteeatio^st in the Boundaries of School District. This is to certify that the council of the undermentioned municipality, having considered an application for the alteration of the boundaries of The School District No. of Saskatchewan and being satisfied that the pro- visions of The School Act have been complied with and having given all parties concerned an opportunity to be heard has decided that the said district should be altered so as to include the following lands, namelv: 1942 Cap. 1 H) Dated at sniooLS this • lav of 11) Reeve. Secretan/. Name and number of municipal Hi/. FOini P. (Section 78) ]^:»i.i. Book. Election of Trustees for The No. of Saskatchewan. Date of Poll ; Poll opened Name of voter School District Poll closed Person voted for Remark.* Chuirman. FOR.\! g. (SecH. u SI) VOI.L lll.(.Ol<]>. Election of Trustees for the No. of Saskatehowau. Date of Poll ; Poll opened School District Poll closei Name of candidate Votes A.R. 1 1 etc. 1 CD. 1 1 etc. 1 Cloairman. SCHOOLS (up. 110 FORM R. (Section 137) Poll Book. Vote on debenture bjlaw submited to the ratepayers of School District on the day of 19 . Poll opened at ten o'clock a.m. Poll closed at four o'clock p.m. 194;:} Record of votes Name of voter For bylaw Against bylaw Remarks Totals Returning Officer. FORM S. (Sections IJkl and IJfS) VOTEES' DeCLAKATION. The School District ISTo. of Saskatchewan. The undersigned severally declare each for himself that lie is of the full age of twenty-one years and that he has •owned or been the occupant of assessable property within the above named district for a period of at least two months immediately prior to this date and that his name appears on the last revised assessment roll for the district or that he or she is the husband or wife of a person legally qualified to sign this form. Names Property owned or occupied Witnesses to the above signatures: Dated the Returning Officer. Poll Clerk. day of 19 . Note. — Strike out the words in italics if no assessment has been made. 1944 Cap. 1 lO SCHOOLS FORM T. {Section 150) Justice's Return of Votes. ♦ I, the undersigned justice of the peace in and for Saskat- chewan, having received the poll book used to record the votes taken at the meeting held in the {give name of school district in full) on the day of 19 , on the question of the issue of debentures on the security of the said district and having heard all complaints relative to the conduct of the voting, beg leave to submit Ihe fol- lowing retnrii of the votes: Total No. of votes taken i 1 No. of votes on each side after the recount For Against For Against » J.p. Dated at this dav of 19 FORM U. {Section 165) Debenture. Debenture No. The School District No. of Saskatchewan. The board of trustees of the School District No. of Saskatchewan promise to pay the bearer of this del)enture at the sum of dollars of lawful money of Canada in equal consecutive annual instalments with interest at the rate of per cent, per annum on the terms and in the amounts specified in the coupons attached hereto. Dated this [seal] SCHOOLS day of Cap. 110 19 Chairman. 1945 Issue authorised the Local Government Board. Chairman. Treasurer. Registered and counter- signed this dav of 19 Deputy Minister of Edncation. COUPON. Coupon No. Debenture No. The board of trustees of the School District No. of Saskatchewan 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 cent, per annum due on that day on school debenture No. issued bv the said district. Chairman. Treasurer. $ The FORM V. {Section 165) Debenture. Debenture No. School District No. of Saskatchewan. The board of trustees of the School District No. of Saskatchewan promise to pay the bearer of this debenture at the sum of dollars of lawful money of Canada with interest at the r^ite of per cent, per annum, the said payment to be made annually in equal 1946 Cap. 110 SCHOOLS payments of priucipal and interest combined as specified in the coupon attached hereto. Dated this day of 19 [seal] Chairman. Issue authorised the Local Government Board. Chairman. Treasurer. Registered and counter- signed this day of 19 . Deputy Minister of Education. COUPON. Coupon No. Debenture No. The board of trustees of the School District No. of Saskatchewan will pay to the bearer at on the day of 19 , the sum of dollars, being the instalment of i)rincipal and interest due on that date on debenture No. issued by the said district. Chairman, Treasurer. FORM W. (Section 165) Debenture. $ I Debenture No. The School District No. of Saskatchewan. Under the authority of The School Act and of bylaw No. of School District No. of Saskat- chewan, passed on the day of 19 , the board of trustees of the said school district promise to pay the bearer the sum of dollars of lawful money of Canada (or pounds sterling as the case may he) with interest at the rate of per cent, per annum, on the SCHOOLS Cap. 110 day of 19 , and to pay the bearer the amount of each of the several interest coupons hereto attached as the same shall respectively become due. 1947 [seal] Chai irm an. Issue authorised the Local Government Board. Chairman. Trcnfivrc Registered and counter- signed this dav of li) Deputy Minister of Tlrluration. COUPON. Coupon No. Debenture No. The board of trustees of the School District No. of Saskatchewan will pay to the bearer at on the day of 19 , the sum of dollars (or pounds s/crliin/ as Ike cnse ■may he.) Chairman. Treasurer. FORM X. (Sections SO (2) and 72) Declaration re Naturalisation. I, A. B., do solemnly declare: 1. That I am a British subject by birth (or naturalisa- tion) ; or 1. That I have not resided in Canada for the period required by law to enable me to become naturalised but upon the lapse of said period, I will forthwith make appli- cation to become a naturalised British subject ; Declaration as to naturalisation 1948 Cap. 110 SCHOOLS And I make this solemn declaration conscieutiousl} 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 A.D. 19 A. B. Chairman (or J .P. or Commissioner for Oaths) FORM y. Oath of allegiance (Sections SO (2) and 72) Oath of Allegiance. L -1. B.. (\o swear that I will be faithful and bear true allegiance to His Majesty King George V (or reigning sovereign for the time being), his heirs and successors. In the case of persons who are not British subjects by hirth, add the following: And that I renounce and abjure all allegiance and fidelity to every foreign prince, potentate, sovereign, state or govern- ment, and particularly to (here name the prince, potentate, sovereign, stale or government of which the deponent is or was previously a citizen or subject.) So help me God. Sworn before me at this dav of A.D. 19 . ' !^TIf "Tr-^'F' f" B. Chairman (or J .P. or Contmissioner for Oaths) H CHAPTER 111. An Act respecting School Attendance. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : SHORT TITLE. 1. This Act may be cited as The School Attendance ^cL short title 1917, c. 19, s. 1. INTEKPEETATION. 3. In this Act, unless the context otherwise requires, the interpretatioH expressions : 1. "Department," "minister," "inspector," "district," ^t^'^''-''''*'"^"*'' "rural district," "village district," "town district," "board," "teaching day" and "teacher" have the same meaning as they have in The School Act; 2. "School" means the room or building in which instruc- "School" tion is given to pupils in accordance with the provisions of The School Act and the regulations of the department; 3. "Principal" includes the teacher of a one-room school ; "Principal" 4. "Regulations" means regulations made under the "Regulations" authority of this Act by the minister or by a board : 5. "Magistrate" means and includes a justice of the peace "Magistrate" and a police magistrate. 191Y, c. 19, s. 2; 1919-20, c. 40, s. 2. COMPULSORY ATTENDANCE. 3. — (1) Every parent, guardian or other person, having Duties of charge of a child over seven and under fourteen years of age, guardians shall send such child to the school of the district in which he resides for the whole period during which the school is in operation each year. (2) Any parent, guardian or other person who fails t<» observe the foregoing provision shall be guilty of an offence and subject to the penalties hereinafter provided. (3) The provisions of this section apply to a person who has received into his house as a resident another person's child of the specified age, but the duty and responsibility of the child's parent in the premises shall not thereby be affected. 1917, c. 19. s. 3. 4. A parent, guardian or other person shall not be liable Exception.- to any penalty imposed by this Act in respect of a child: 1950 Cap. Ill SCHOOL ATTENDANCE (a) if the child is under efficient instruction at home or elsewhere; (&) if the child is unable to attend school by reason of sickness or other unavoidable cause and the teacher is kept advised ; (c) where in the opinion of the magistrate or board of trustees, it is necessar}' for such child to absent himself from school to maintain himself or some person dependent upon him ; {d) if there is no school which the child has the right to attend within two and one-half miles, as meas- ured by the nearest highway, from the nearest point of the quarter section or lesser parcel of land upon which the child resides, if he is under twelve years of age, or within three and one-half miles if he is over that age: Provided that this exception shall not apply in the case of districts conveying children in accord- ance with section 207, 208 or 209 of The School Act; (e) if, according to a written statement from the principal or teacher, there is not sufficient accom- modation in the school which the child has the- right to attend ; or (f) if the child has passed the Grade VIII examina- tion prescribed by the Department of Education, or has completed a course which entitles him to • an equivalent standing. 1917, c. 19, s. 4; 1919-20, c. 40, s. 3. Inquiry into 5, j^ the casc of a prosccution under section 3, where the defence is that the child is receiving efficient instruction at home or elsewhere, the magistrate shall adjourn the hearing for such time as is necessary and forthwith report the facts of the case to the minister, who shall cause inquiry to be made and direct that a certificate be issued by the person making tho in(iniiy showing whether or not such instruction is >2;iven ami is efficient. If the certificate establishes the inith of the defence, the magistrate shall dismiss the case; if not, he shall imposp a penalty. 1917, c. 19, s. 5 ; 1919-20. r. 40. s. 4. BnQDioyiM.ni fi. ( ] ") Xo cliild uudcv the age of fourteen years, who- rorbi.'idrn" l,.^^ not a Valid excuse under this Act shall be employed by anv person during school hours while the school of the- district in which the child resides is in session, and any person who em]>loys a child in contravention of this section ^hall incur a peiialty not exceeding $50 for each offence. SCHOOL ATTENDANCE Cap. Ill 1951 (2) Where in the opinion of the board of trustees the services of a child over the age of thirteen years who has passed Grade V of the public school course of study are required in husbandry or in urgent or necessary household duties such board of trustees by certificate setting forth the reasons therefor and issued only by resolution at a regular or special meeting of the board may relieve such child from attending school for such period or periods as such board deems proper but not for more than thirty teaching days in any year. 1917, c. 19, s. 6; 1919-20, c* 40, s. 5. ATTENDANCE OFFICERS. 7. The board of every town school district shall appoint Local d« T /• , 1 , . ft -, , attenaan«e provide lor the remuneration of one or more local officers attendance officers for the enforcement of this Act, and notice of every such appointment shall be forthwith submitted in writing to the Department of Education. 1917, c. 19. ?. 7. 8. The minister may from time to time appoint such local Minister may - _, . ^^ appoint attendance omcers as are required for the enforcement of this Act in districts that are not included within any town district, and may provide for their remuneration, either by the school district affected or by the Department of Educa- tion, as he sees fit, and may make regulations not incon- sistent with the provisions of this Act for the direction of such officers and for the enforcement of this Act. 1917. c. 19, s. 8. 9. The minister may also appoint officers to be known as Provincial provincial attendance officers, and a chief attendance officer, officefs*""^ all of whom shall have jurisdiction in all parts of the province, nnd the duties of such attendance officers may be defined nnd their remuneration fixed by the minister. 1917, c. 19, s. 9. 10. If, before the first day of February in any year, no Minister ta appointment has been made in any to^^m school district as*''''°'"* provided by section 7, the minister may make the necessary appointment and fix the remuneration to be paid by the school district affected, and notice of such appointment shall he given in writing to the school board. 1917, c. 19. p. 10. 11. An attendance officer shall, for the purposes of this Powers of Act. be vested with the powers of a peace officer, and shall office^*""* have authority to enter theatres, playhouses, places of public amusement and entertainment, factories, workshops, stores, shops and all other places where children may be emploved or congregated, and to perform such duties as are necessary for the enforcement of this Act. 1917, c. 19, s. 11. 1952 Cap. Ill SCHOOL ATTKXDANCE Board regulations Regulntions by niiuister 12. The board which appoinis a local attendance officer may make regulations, not inconsistent with the provisions of this Act or with the regulations of the department, for the direction of such officer and the i-nforcoment of this Act, such regulations to be subject to the approval of the minister. 1917, c. 19, s. 12. 13. In the event of a board failing to make regulations as provided in section 12 the minister may make such regula- tions as he deems necessary and the same shall have the same force and effect as if made by the board. 191V, c. 19, s. 13. Notice of 14. Notice of every appointment made nnder this Act appnintroeut , , -, i i i i i • i shall be given to the department by the body making such appointment within ten days after such appointment has been made. 1917, c. 19, s. 14. Mouthly report Reports by principal Inspector's duties Report as to defaulters 13. Every attendance officer shall report monthly to the body appointing him as well as to the department, according to the forms prescribed by the minister. 1917, c. 19, s. 15. 16. — (1) The principal of every rural and village district shall ascertain and report to the department on the form prescribed by the minister for that purpose, together with such other information as the department may require, the name, age and sex of every child over the age of seven and under the age of fourteen years residing in the district. Such information shall be obtained within thirty days from the day upon which the school of the district is opened in each year, and the report shall be forwarded to the depart- ment within fifteen days after the inform.ation has been obtained. A copy of this report shall also be filed with the secretary of the district and a copy shall be retained by the teacher. • (2) Any principal who fails to comply with the provisions of this section shall be liable to a penalty of $10 and to a suspension of his certificate for such period of time as the minister may determine. 1917, c. 19, s. 16; 1919-20. c. 40, s. 6. 17. Everv inspector shall inquire into the conditions existimr in all districts under his supervision with respect to the observance of the provisions of this Act, and ho shall report to the minister from time to time as the latter may direct. 1917, c. 19, s. 17. 18 (1) The principal of everv school in any district not hnving a school attendance officer shall report to the donnrtment on the form prescribed by the minister, on the l:>st dav of each month of the school year in which the school of such district is kept open, the name, age and address of SCHOOL ATTENDANCE Cap. Ill 1953 every child in the district over the age of seven and under the age of fourteen years who is not attending school or who has been irregular in attendance during such month, together with such additional information as the department may require for enforcing the provisions of this Act. (2) Any principal who neglects or refuses to comply with the provisions of this section shall be liable to a penalty of $10 and to a suspension of his certificate for such period as the minister may determine. 1917, c. 19, s. 18; 1919-20, c. 40, s. Y. It). The principal of every town school shall once in each Reports to week of the school year report to the local attendance officer attendance officer of the district in which the school is situated, the names, ages and residences of all pupils over the age of seven and under the age of fourteen years on the school register who have not attended school as required by this Act, together with such other information as the attendance officer may require for enforcing the provisions of this Act. The prin- cipal shall also forthwith report to the attendance officer every case of expulsion. 1917, c. 19, s. 19. POWEKS AND DUTIES OF ATTENDANCE OFFICERS. 30. — (1) It shall be the duty of every attendance officer Powers and to examine into all cases of violation of this Act which come ^"^'^^ within his knowledge, or be brought to his attention, to warn one of the parents or the guardian of any child not complying with its provisions, by notice in writing (form A), and generally to enforce the provisions of the Act. (2) An attendance officer may send a child suspected of truancy either home or to school, and 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 warned at the post office situated nearest to his place of residence, and the production of the registration receipt from the post office where such letter was registered, together with proof of the posting of the same and of the contents thereof, shall be prima facie evidence of its receipt by the party to whom it was addressed within four days after the posting and registration. 1917, c. 19, s. 20. 21 — (1) Any parent, guardian or other person having Penalty for the charge or control of a child over the age of seven and^®^*^"'* under the age of fourteen years, who neglects or refuses to cause such child to attend school and continue in regular attendance thereat sh'ill. unless such child is excused from attendance as provided by this Act, be gi^ilty of an offence and liable, on summary conviction, to a penalty not exceedinj? $10 for each offence. 1954 Cap. Ill SCHOOL ATTENDANCE (2) Jn case of a conviction under subsection (1). the magistrate may by his conviction, after adjndginir payment of the ])eiialty, with or without costs, order and adiuilge that in default of payment thereof such penalty and costs, if the conviction is made with costs, shall be levied by distress and sale of the goods and chattels of the defendant, and, if suffi- cient distress cannot be found, but only in that case, that the defendant be imprisoned for a term not exceeding thirty days unless such penalty and costs, if any, and the custs and L-harges of the distress and of the commitment and of con- veving the defendant to gaol are sooner paid. 1917. c. 19, s. "'21 : 1018-19, c. 51, s.^ 1. Accesa to records 32. Every officer shall have access to the records of every school board for the purpose of procuring the names, ages and residence of all children over the age of seven and under the age of fourteen years, and all such other information as is required for the carrying out of the provisions of this Act. 1917, c. 19, s. 22. in-ftituting proceedings 33. Every attendance officer shall institute or cause to be instituted, proceedings against a parent, guardian or other l^erson having charge or control of a child, or against any other person violating any of the provisions of this Act. 1017. <: 19. s. 23. PENALTIES, General penalty 34. — (1) Every person charged with the duty of enforcing any provision of this Act, who neglects to perform such duty, shall incur a penalty not exceeding $10 for each offence. C2) Any parent, giuirdian or other person who neglects or refuses to give a teacher or any person appointed by the department or any board «uch information as is required by this Act or gives false infoi-mation and any person who by threat, intimidation or otherwise prevents or attempts to ))revent the attendance of a child at a school in accordance with the terms of this Act or who in any other way interferes or attempts to interfere with the carrying out of the provi- sions of this Act shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 for each offence.' 1917. o. 19, s. 24: 1919-20. -. 40, s. 8. Evidence of age 35. Where a person is charged with an offence under this Act with respect to a child who is alleged to be over the age of seven and under the age of fourteen years, and the child appears to the court to be within such limits of age, the child shall be deemed to be within such limits unless the contrary d. 1917. c. 19. s. 2.^. IS prove^i SCHOOL ATTENDANCE lap. Ill 1955 36. 'No penalty shall be imposed in respect to the absence Absence o« of a child from school on a day regarded as m holy day bv °^ ^^' the church or religious denomination to whirh such chiid belongs. 1917, c. 19, s. 26. 37. The department shall, at the beginning of each year, forma forward to the secretary of every district, for delivery to the principal, copies of the forms prescribed for such reports as are required to be made. 1917, c. 19, s. 27. SCHEDULE. FORM A. (Section 20 (1) ) To P.O. Take notice that nnloss. within live leaching days {or two teaching days in the case of town schools) from the receipt by you of this notice, you cause your child (or ward) (child's name) to attend school, you will be liable to prosecution under The School Attendance Act of the Province of Sas- katchewan. Dated at the dav of 19 . Attendance Officer. H CHAPTER 112. An Aft rosiK'otins Assessment and Taxation in Scliool Districts rS ^rajcsty, by and with the advice and consent of the l.ci^ishitive Asscmhlyof Saskatchewan, enacts as follows: SHORT TITLE. Short tidp 1. This Act may be cited as The School Assessment Act. 1915, c. 25, s. 1. INTEKPRETATION. interpreintion 2. — (1) In this Act, iinlcss the context otherwise requires, the expression : "Boar.r- etc. |_ ^^Board," "assessor," "secretary" or "'treasurer" includes an official trustee appointed under the provisions of The School Act; ••Judge" 2. "Judge" means a judge of the district court of the judicial district in which the school district is Mdiolly or mainly situated ; "Minister" 3, ";\rinister" means the Minister of Municipal Affairs; ••Municipality" 4. "Municipality" includes a city, town, village or rural nmnicipality ; •;secretary" 5 "Secretary" or "treasurer" includes "secretarv treas- ♦reasurer «/ " urer » (2) All other words, names and expressions shall have the same meaning as is expressly or impliedly attached to them bv The School Act. 1915, c. 25, s. 2. AshCAxment ASSESSMENT. , 3. — (1) The assessment in any district referred to in clauses (a) or (/_;) of section 4 may be made by the board or any person appointed by it as assessor for the district. (2) Any member of the board may be appointed assessor. (3) The ex])ression "assessor" in any part of this Act relating to rural districts shall mean the board or the assessor, accordingly as the assessment is made by the board r»r an assessor. 1915, c. 25, s. 3; 1919-20, c. 38, s. 2. ASSESSTilENT IX RURAL DISTRICTS. In riirnl districts 4. The following sections, luimbors 5 to 24, shall apply: SCHOOL ASSESSMENT Cap. 112 1957 (a) to rural districts no part of which is inchided within the limits of any rural municipality ; and (6) to such portions of rural districts as are not included within the limits of any rural munici- pality, 1915, c. 25, s. 4; 1917 "(sess. 3\ c. 33, s. 2. 5. — (1) In every rural district the property exempt trom i::x.-niption8 assessment and taxation shall be: 1. The interest of the Crown in any property, including property held by any person in trust for the Crown; 2. Property specially exempted by law or held for the public use of the Government of Saskatchewan ; 3. All lands held by or in trust for the use of any rribe of Indians; 4. The land to the extent of three acres held by or for the use of any school district erected under The School Act : 5. The land to the extent of three acres held by or for the use of any church and occupied by a building used for chu rch purposes ; 6. The land in use as a public cemetery not exceeding- twenty-five acres; 7. All land belonging to a municipality when held for the public use of such municipality; 8. The buildings and gi-ounds of agricultural societies organised under The Agricultural Societies Act; 9. All personal property and buildings and the increase in the value of the land by reason of its cultivation together with all crops growing thereon. (2) If any property mentioned in the first two para- gi-aphs of subsection (1) is occupied by any person otherwise than in an official capacity, the occupant shall be assessed therefor but the property itself shall not be liable. 101."), c. 25, s. 5; 1919-20, c. 38, s. 3. 6. — (1) As soon as ma^' be in each year the assessor of Assessment the district shall assess every person the owner or occupant of land in the district, and shall prepare an assessment roll (form A) in which shall be set out as accurately as may be: (a) each lot or parcel of land and its assessed value; (h) the name of either the owner or occupant or both. (2) If the assessor does not know and cannot after reason- able inquiry ascertain the name of the owner of any unoccu- pied lot or parcel of land, the same shall be deemed to be duly assessed if entered on the roll with a note stating that the owner is unknown. 1958 Cap. 112 SCHOOL ASSESSMENT mdscasment of joint owners Auessment of ■^umpanies (3) Land shall be assessed at its fair actual value exclu- sive of any increase of such value by reason of the expendi- ture of labour or capital. (4) Where the holder of lands under a gi-azing lease or license from the Dominion Government is taxed in respect of his occupancy, or of his beneficial or equitable interest therein, the value of such interest for the purpose of assess- ment and taxation shall not exceed $2 per acre. (5) Where an occupant of Dominion lands, holding such lands otherwise than under a grazing lease or license, is assessed in respect of his occupancy, his interest shall be assessed at its fair actual value, having regard to the value of the land. 101.-), c. 25, s. 0; 1917 (sess. 2), c. 33, s. 4. Separate school 7. Whcrc scparatc school districts have been established, districts: ,-..-iii, ••xx j. whenever land is held by two or more persons as ]omt tenants or tenants in common, the holders being Protestants and Roman Catholics, they shall be assessed in proportion to their interest in the land in the district of which they respectively are ratepayers. 1915, c. 25, s. 7. 8. — (1) A company may, by notice in that behalf to be given to the secretary of the board of any public school district in which a separate school has been established and to the secretary of the board of the separate school district, require any part of the land of which the company is owner to be entered, rated and assessed for the purposes of said separate school, and the proper assessor shall thereupon enter the company as a separate school supporter in the assessment roll in respect of the land especially designated in that behalf in or by said notice, and so much of the land as is so desig- nated shall be assessed accordinglv in the name of the com- pany for the purposes of the separate school and not for public school purposes, but all other land of the company shall be separately entered and assessed in the name of the company for public school purposes: Provided that the share or portion of the land of any company entered, rated or assessed in any district for .separate school purposes under the provisions of this sectioi* shall bear the same proportion to the whole land of the com- pany assessable within the district as the amount of the shares or stock of the company, so far as the same are paid or partly paid up, held and possessed by Protestants or Roman Catholics, as the case may be, bears to the whole amount of sucli piiid <>r jiiirtly i^iiid up shares or stock. (2) Any such notice given in pursuance of a resolution' in that behalf of the directors of the company shall for all purposes be deemed to be sufficient, and every such notice so o-iven shall be taken as continuinsr and in force and to be SCHOOL ASSESSMENT ^^ i^ Cap. 112 IQSO- acted upon unless and until the same is withdrawn, varied or cancelled by a notice subsequently given pursuant to a resolution of the company or of its directors. (3) Every such notice shall remain with and be kept on file in the offices of the secretaries receiving it and shall at all convenient hours be open to inspection and examination by any person entitled to examine or inspect the assessment roll. (4) False statements made in any such notice shall not relieve the company from rates, but any company fraudu- lently giving such notice or making false statements therein shall be liable to a penalty not exceeding $100, and any per- son giving for a company such a statement fraudulently or wilfully inserting in any such notice a false statement shall be guilty of an offence and liable on summary conviction to the like penalty. 1915, c. 25, s. 8. 9. — (1) Upon the completion of the assessment roll the Aasessraeut assessor shall deliver the same to the secretary of the board. ^° (2) The secretary shall mail to each person assessed Notice t« 1 11 •! !• • ^1. persons whose address is known to nim a notice oi his assessment assessed (form B) ; and the entry of the date of the mailing of each such notice, together with the initials of the secretary 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, and the absence of such date and initials shall be prima facie evidence that the person's address is unknown. (3) No assessment shall be invalidated by reason of any Not error or misdescription in any assessment notice or by reason b/trrow of the nonreceipt of such notice by the person to whom it is addressed. (4) After all the notices have been mailed the secretary copy post** shall post a copy of the roll at the school house, or, if there be no school house in the district, in some conspicuous place outside his residence, and shall keep the original roll at his residence open to inspection at any reasonable time. (5) The secretary may enter on the assessment roll the Date of date on which the same is posted up and initial the same, p^^*'"^ and the entry of such date and initials shall be prima facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialing by the secretary. (6) If, at any time within two months after the posting Correction »fr of the roll, it is discovered that any person liable to assess- ®"*"^ ment is not assessed or that there is an error in any of the particulars contained in the roll, the board may direct the secretary to enter the name of such person on the roll or correct the error. 19G0 Cap. 112 SCHOOL ASSESSMENT Notice to persons affected (7) 111 the event of any addition to or alteration or correction of the roll nnder subsection (6) without the knowledge and consent of the person affected, a notice as required by subsection (2) shall be sent to such person and for the purposes of this and section 10 the date of mailing such notice shall as respects him be deemed to be the date of posting the roll. 1915, c. 25, s. 9. Appeal til justire of the peace Appeal to APPEALS. 10. — (1) Any person who objects to his assessment may, within fifteen days after the posting of the roll, appeal from such assessment by giving notice of such appeal in writing (form C) to the justice of the peace nearest the residence of the secretary, and such justice shall at the expiration of the time for appealing notify the secretary and appellant of the time and place when all appeals will be heard which shall be not later than thirtv davs after the posting of the roll. (2) At the time and place fixed by the justice of the peace the secretary shall appear and produce the assessment roll and all documents and papers in his custody relating to the apj)eal. (3) AViih every notice of app(!al there shall be paid to the justice of the peace by the appellant the sum of $2 for his fee for hearing the appeal, and in the event of the appeal being allowed the justice shall order the board to pay to the appellant the amount of the fee so paid by him. (4) Every alteration of the roll necessitated by the result of any such ap])eal shall be made and initialed by the justice of tlie peace. 1015, c. 25, s. 10. 11. Any person dissatisfied with the decision of the jus- tice of the peace may appeal therefrom to a judge. The pro- ceedings, in such case, shall be as follows : 1. The apix'llaiit shall, within eight days of the decision conii)]aine(l of, serve upon the secretary of the school district a written notice of his intent ion to ;i])p(>al (form F) stating the i^Tonnds of ap])Ciil : 2. The secretary shall. ininKHliatcly after the time limited for filing notice of ap])c:il, forward a list of all appeals filed to the judge, and the judge shall thereupon appoint a time and place for holding a court to hear such appeals and shall notify the secretary of such appointment; .']. The secretary of tlu' district shall be the clerk of the court ; 4. The seci-ctai'\ shall thereupon gi\'e notice in writing (form G) to all the parties appealing to the judge from the decision of the jnstire of the peace, specifying the time and SCHOOL ASSESSMENT Cap. 112 1961 place when and where the appeal will be heard, but in the event of failure by the secretary to have the required service of notice 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 ; 5. The secretary of the district shall cause a conspicuous notice to be posted up at the school house or if there be no school house in the district in some conspicuous place outside his residence, containing the names of 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 ; 6. At the court so holden the judge shall hear and deter- mine the appeals and may adjourn the hearing from time to time and defer judgment thereon at his pleasure but so that all appeals are determined before the first day of Septem- ber: Provided that the judge may, either before or after the first day of September, extend the time for the determina- tion of appeals beyond the first day of September upon proof tliat the assessment roll was not completed in time to allow of such appeals being determined prior to the said date ; 7. The person having charge of the assessment roll shall appear at each sittings of the court and produce such roll and all papers and writings in his custody connected with the matter of the appeals and the roll shall be altered and amended if necessary according to the decision of the judge, who shall write his initials opposite any part of the roll in which an alteration or amendment is made, unless his deci- sion is reserved in which case the secretary of the district shall when the decision is given forthwith alter and amend the roll if necessary according to the same and write his name opposite every such alteration or amendment ; 8. In all such proceedings the judge shall possess all the powers for compelling the attendance of parties and wit- nesses, for their examination on oath, for the production of books, papers, rolls and documents and for the enforcement of his orders, decisions and judgments that belong to or might be exercised bv him in the district court : 9. All process or other proceedings in, about or by way of appeal may be intituled as follows : In the matter of an appeal from the decision of a justice of the peace concerning an assessment for the school district 'No. of Saskatchewan. A. B., Appellant, and C. D., Reapondent. 1962 Cap. 112 J^ 't_ school assessment 10. The costs of any proceeding before the judge as afore- said shall be paid by the parties or either of them, or appor- tioned between them in snch manner as the judge thinks proper; and where costs are ordered to be paid by any party payment may be enforced by execution to be issued from the district court in the same manner as upon an ordinary judg- ment for costs recovered in such court ; 11. The costs awarded in any case may be the cost> "f witnesses and of procuring their attendance and none otlier, the same to be taxed accordins; to the allowance in the district court for such costs; and where execution issues the like costs of execution and of enforcement thereof as are allowed in the district court may also be collected thereunder: 12. The decision of the judge shall be final and con- clnsive in every case adjudicated upon. 1915, c. 25, s. 11. TAX ROLL. R.-.teetrucV ±2. After the expiration of fifteen days from the posting of the roll if no notices of appeal have been given or after all appeals have been decided subject to subsection (7) of sec- tion 9, the board shall make an estimate of the probable expenditure of the district for the current year and shall strike such a rate as shall be sufficient to meet such probable expenditure. 1915. c. 25, s. 12; 1919-20, c. 38, s. 5. T" roll 13. — (1) The secretary shall thereupon prepare a tax roll by entering on the assessment roll the rate on the dollar struck as in section 12 provided and the amount of taxes payable by each person assessed for the current year. (2) In the event of the total tax of any person being less than $2 under this section the tax to be entered on the roll and payable bv him shall be the said sum of $2. 1915, c. 25, s. 13. ftn^'i^T''''^ ^^ — (1) The secretary, if there be both a secretary and a treasurer, shall deliver the tax roll to the treasurer as soon as may be after it has been prepared, and the treasurer shall post a copy thereof in the school house or if there be no school house in the district in a conspicuous place outside his residence and retain the original at his residence open to inspection by any ratepayer at any reasonable time. (2) The treasurer may enter on the tax roll the date on which the same is posted up and initial the same, and the entry of such date and initials shall be prima facie evidence of the posting of the roll on the date so entered without proof of the appointment of or initialing by the treasurer. (3) The treasurer shall mail to each person assessed whose address is known to him a notice (form D) of the SCHOOL ASSESSMENT Cap. 112 1963 amount of his taxes, and the entry of the date of mailing of each such notice with the initials of the treasurer on the tax roll shall be prima facie evidence of the mailing of the notice on the date entered without proof of appointment or signa- ture of the treasurer, and the absence of any entry of such date and initials shall be prima facie evidence that the per- son's address is unknown. 1915, c. 25, s. 14. 15. — (1) The taxes accruing upon or in respect of any Taxes a uen land in the district shall be a special lien upon such land hav- ing priority over any claim, lien, privilege or incumbrance thereon except claims of the Crown. (2) In the event of any taxes remaining unpaid after Penalty for the thirty-first day of December of the year in which ^i^e ''°°''*''""®° same are levied, there shall be added thereto by way of penalty a sum equal to eight per centum of the arrears ; and upon the expiry of each succeeding year during which the whole or any portion of the combined amount of taxes and penalty or penalties remains unpaid, an additional sum equal to eight per centum of the arrears shall be added thereto. (3) Amounts so added shall form part of the taxes which by subsection (1) are created a special lien upon land. (4) ITothing in this section contained shall be construed to extend the time for payment of taxes or in any way to impair thp -y^bt of distress or any other remedy hereby provided for their collection. 1915, c. 25, s. 15; 1919-20, c. 38. s. 6. RECOVERY OF TAXES ' for taxes 16. — (1) lu case any person fails lo pay ihe" laxes Distress assessed against him within thirty days after the posting of the tax roll, the treasurer may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the district or of any goods and chattels found upon the land in respect of which the taxes are due the property of or in the possession of him or of any other occupant of the premises, and the costs chargeable shall be the same as those allowed in the schedule to The Distress Act. (2) The treasurer shall, by advertisement posted up in at least five public places in the district, 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 prop- erty is to be sold, and at the time named in the notice the treasurer or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be neces- sary to pay the taxes due with all lawful costs including $1 for posting notices. 1964 Cap. 1 1 li SCHOOL ASSESSMENT (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 ho was entitled by lien or other right to the surplus, it shall be paid to the person in whose l)ossession 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 th^ district court within whose jurisdiction such school is situated, who shall retain the same imtil the respective rights of the parties have been determined bv action at law or otherwise. 101"), c. 25, s. 16. diiit for taxea IT. — (1) Any taxes or arrears of taxes due to a district may be recovered by suit in the name of the board as a debt due to the district ; in which case the tax 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 roll is posted up as providcil in section 14. 1915, c. 25, s. 17. Application of taxes 18. — (1) The treasurer shall enter all amounts paid him for taxes on the original tax roll opposite the lot or parcel of land in respect of which such payment is made ; and shall issue an official receipt for all such payments. (2) Payments made on account of taxes due in respect of any land shall be first applied in payment of arrears. 1915,"c. 25, s. 18. RETUKN OF UNPAID TAXES. Return re unpaid taxes ID. — (1) The treasurer of every district mentioned in section 4 shall within the first fifteen days of January in each year make a return verified by his solemn declaration to the minister in such form as may by the minister be from time to time prescribed, showing all lands in the district in respect of which taxes have not been paid, together with the names of the persons assessed and the years for which such taxes are due. (2) The return or a copy thereof verified by solemn decla- ration 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 herein pre- scribed have been taken and observed. (3) The treasurer shall continue to collect arrears of taxes after sending in his return of arrears; but, in every case where he receives payment of arrears, he shall report such payment to the minister within ten days after receipt SCHOOL ASSESSMENT Cap. 112 1965 thereof in order that the same may be noted on the return from his district which is on file in the department of muni- cipal affairs. (4) The treasurer shall however cease to collect arrears when notified by the minister that forfeiture proceedings in respect of lands in his district have been commenced. 1915, 0. 25, s. 19. lication 20 (1) On application by the Attorney General of the^'^PP^^'^ province or of some solicitor authorised by him to a judge in «°°fi'^'n^*'°'^ chambers, such judge may appoint a time and place for the holding of a court for confirmation of the return mentioned in section 19, notice of which shall be published in every issue of The Sashatcheivan 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. (2) A notice of the time and place fixed for confirniatioii of such return shall be sent by registered mail, at least sixt\- days prior to the time so fixed, to each person who appears by the records of the proper land titles office or by th;^ said return to have any interest in the lands in respect of which, confirmation is desired and whose post office address is shown by said records or return. (Z) The entrv against such lands of the date of nuiilinii such notice, together with the initials of the clerk of the department mailing the same, shall without proof f)f the appointment or signature of the said clerk be prima facie evidence that the required notice was mailed on the date so entered. 1915, c. 25, s. 20. 21.— (1) At the time and place so appointed the judge .4iall Adjuda-atior. hear the application and also any objecting parties and the evidence adduced before him ; he shall 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 Attorney General ; he shall also confirm the return as to those l^arcels on which any taxes are determined to be in arrears, naming the amounts severally due and adding thereto a reasonable amount for the expense of advertising together with such sum as he may fix for costs of the application. (2) The effect, of such adjudication when registered as hereinafter provided shall be to vest in His Majesty, in the right and to the use of the Province of Saskatchewan, the said lands, freed from all liens, mortgages and incumbrances of any nature and kind whatsoever, subject however to redemption by the respective owners at any time within one year from the date of the adjudication by payment to the 19HH Cap. 112 SCHOOL ASSESSMENT minister of the amounts named, including expenses as afore- said, together with the redemption fee of five cents for everj acre in the parcel redeemed and any subsequent taxes paid bv the minister, but no redemption fee shall be less than $2. (3) 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 whioh the same are imposed. (4) 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 an allowance to him as wit- ness fees to be paid by the minister. (5) A copy of such adjudication certified by the minister shall be forwarded to the registrar of land titles of the land registration district in which the lands named in the adjudi- cation or any of them are situated ; and it shall be the duty of the registrar to register the same against the lands therein named. (6) A copy of such adjudication shall also be sent by registered mail to the persons to whom by subsection (2) of section 20 hereof notice of the time and j^lace fixed for con- firmation of the return is required to be sent, and such persons or any of them shall be entitled to redeem the lands as herein provided. (7) Where the word ''taxes" occurs in subsection (1) of this section and in sections 22 and 24, the same shall be construed as extending to and including the addition of the eight per centum provided for in subsection (2) of section 15 and of any additional jienalties incurred under The School Act. 1915, c. 25, s. 21. Faynienl before coofirmation date 22. If any person interested in any parcel of land con- tained in the return presented to the judge for confirmation as provided by section 21 pays the taxes upon such land before the date fixed for confirmation 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 $1 for each quarter section or portion thereof for costs of applica- tion to the judge, advertising and postage in connection with such ])roceedings ; and any sums so paid shall form part of the consolidated fund of the province. 1015. c. 25. s. 9-> Redemption 23 — (1) When thc taxes on any parcel of land together with the expenses and redemption fee provided for in section 21 have been paid to the minister within one year from the date of such adjudication, the minister shall issue to the person paying the taxes a certificate (form E), which certifi- cate shall, on presentation to the registrar of the land regis- trntion district in which the lands named therein are situated, be registered by him free of charge and without proof of the SCHOOL ASSESSMENT Cap. 112 1967 signature thereto, and the said certificate when so registered shall discharge and release the said lands from the adjudi- cation and the effect thereof. (2) After the expiration of the period of one year fi'om issue_"f^^^j the date of the adjudication, if the said certificate of redemp- title tion has not been received by him as aforesaid, the registrar shall on the request of the minister, issue free of charge a ■certificate of title to the land not so redeemed in favour of His Majesty in the right and to the use of the Province of Saskatchewan. 1915, c. 25, s. 23, ^■1. So soon as the return of the treasurer has been con- f^x^g'ty* °* firmed, the minister shall Day to the treasurer the amount ™»n'«t«'^ ■of taxes adjudged in arrears on each parcel of land, deducting therefrom any charges he may have been required to pay; and thereafter while owned by His Majesty the said land shall be assessed in the name of the minister who shall pay taxes as if the land were assessed to a private person. 1915, <;. 25, s. 24. 35. Where a rural district is situated partly in a rural ^vler"""''** municipality and partly in a territorial unit or partly in two or more rural municipalities, each municipality, or in case •of a territorial unit, the board of trustees, shall assess and levy each year a share of the amount required for the pur- poses of the district, bearing the same proportion to the total amount to be levied as the assessed value of the property taxable for such purposes in the municipality or territorial vinit bears to the assessed value of all stich property within the district according to the last revised assessment rolls of the different municipalities, or the municipalities and the school district, as the case may be, for the year preceding that in which the levy is to be made. 1915. c. 25, s. 25. ASSESSMENTS AND TAXATION IN VILEACrE DISTRICTS. 36 (1) In village districts the village within which the village v/ ~ in 11 assess ■district is situated, in whole or in part, shall assess and levy in each year such rates as shall be sufficient to meet the sums required to be raised within the municipality for school pur- poses for the year; and all the provisions of The Village Ad with reference to assessment and taxation shall, so far as may be applicable, apply to such rates. (2) Where a village district is situated in different muni- where ■eipalities, each municipality shall assess and levy each year different a share of the amount required for the purposes of ^jj^ "'"'""''* '*'** ■district for that year as determined by the adjustment board hereinafter mentioned for that year. (3) The secretary treasurer of the village or of the rural sj^»^?™|'' municipality in which a portion of the district lies shall, board 1968 Cap. 112 acHooL assessment forthwith on ilemaiid, furnish the secretary of the board with a ccrtiticd statement of the assessed value of the property rateable for the purposes of the district within the village or that portion of the rural municipality which is comprised within the district, according; to the last revised assessment roll for the preceding year, Penuity (4) Auy Secretary treasurer who fails to furnish such statement as required shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10 per day for every day during which the default continues, and in case of nonpayment forthwith after conviction to imprison- ment for a period not exceeding one month. 1915, c. 25. s. 26; 191S-19, c. 49, s. 2; 1919-20, c. 38, s. 7. «^'nduur' ^'^ — i-1-) Oil OA- before the first day of March of each year, or in the case of a district established subsequently to the first day of March as soon thereafter as possible, the board of trustees of every village district shall transmit to the secretary treasurer of each of the municipalities in which it is situated a statement showing the estimated expenditure of the district for the year, and the council of each munici- pality shall pay to the district on or before March 31 one- (piarter of the share of such estimated expenditure which is to be levied in that municipality, one-quarter on or before •Tune 30, one-quarter on or before September 30, and the balance on or before December 31 of the said year. (2) The statement above mentioned shall show the amount of any debenture instalment falling due within the year, and the date on which it falls due, and the payment by the council for the quarter during which such date occurs shall be increased, if necessary, to include such instalment. (3) By mutual agreement between any municipality and a school district situated wholly or in part therein, the pay- ments mentioned may be made at different dates from those ;ibove prescribed. 1918-19, c. 49, s. 3. Eatimate of 2S. On or boforc the first dav of August in each year the board of trustees of every village district shall transmit to the treasurer of each municipality in which the district is situated in whole or in part: (a) a map or plan showing the area and boundaries of the said district; (h) a detailed statement showing the amount required to meet the expenditures of the district for the year ; ( c) a certified copy of the resolution of the board of trustees showing the amount required to be levied on all assessable lands in the district for the year. 1918-19, c. 49, s. 3. SCHOOL ASSESSMENT Cap. 112 1969 2^. Where taxes imposed by a village district for school |^;;^'^;X"ctio°n purposes before the first day of January, 1916, are in arrear, of arrears by, the secretary of the board shall, as soon as may be, lurnisJi each municipality within which the district lies with a state- ment showing the total arrears of taxes due and payable on each parcel of land within such municipality, together with the names of the persons by whom such arrears are payable and the years for which they are due ; and such arrears shall be collected and the collection of them enforced by the muni- cipality in every respect as if they had been originally imposed by it. 1915, c. 25, s. 29. 30. Where a village district lies partly within a village where district '^ / '111' ''S'^ partly and partly within territory which is not included m any without any municipality, the portion of the district outside the village""'""''''''*^ shall, for the purposes of this Act, be considered part of the village municipality. 1915, c. 25, s. 30. 31. When the total tax of any ratepayer for school pur- Minimum tax poses would otherwise be less than $2, the tax to be entered on the roll and payable by him shall be the said sum of $2. 1915, c. 25, s. 3l! 33. In the event of a rural district becoming a village statement of district all arrears of taxes due the rural district on property where nirai situated within the limits of the incorporated village shall becomL be collected by the village, and the secretary treasurer of j;!^',''^^ the rural municipality in which the village district is situ- ated shall forthwith furnish the secretary treasurer of the village with a statement of all such arrears, showing the property on which they are levied, the respective years for which they are due, and the several amounts thereof. 1915. , c. 25, s. 42. iSparauLhooi ^^ — (1) ^^ the ovout of any company not giving the board notice mentioned in section 41 the board of trustees of the adjustment separate school district may give to the company a notice m ■vvritins; in the following fovin or to the like effect, that is to say : The board of trustees of separate school district Xo. of Saskatchewan hereby give notice that unless and until your com]iany gives a notice as provided by section 41 of The ScJiool A sseff.0. Ill case of the absence of the treasurer of any rural district not within a rural municipality and the refusal or neglect of the board to appoint some other person in his place, or in case of the refusal or neglect of the treasurer to comply with any of the provisions of section 58, the sheriff upon application to a judge may be invested with full power and authority to assess, levy, collect and enforce payment in the same manner as assessors, collectors and treasurers are authorised to do by this Act, of such sum as is recpiired to satisfy the execution and all fees ani +J !h O a 03 m S3 30 (-5 O P^ » ^ o o c g ;/: C &- o K P jajnsB8Jx • i 61 JO Aep • aq^ no pa^sod SBM iioi XB^ siqx Xj'B^ajaag 61 }o Avp 9 ^■^ uo parsed SBM i[oj ^uaiussassB sttjx O 12; m o o a; Z o a) 0) p 03 >. (pajiBui aoiioa tjo'ea j9^Jt! ua'jiTj.tt aq oj^) eiBi'jmi s^jajnscaaj, aoi^on xv% 3ni(:BUi jo s'J'BQ ^ anp saxB} Ib^ojl 61 'I -aBc moaj anp saxB^ ;o sjijajjY" 1V9X jaajjno joj saxB^ JO ^unotuY' I uo nojiBXB') JO a^By a CO W (pajtBui aoi^ou qoBa ja^jB na^-jUH aq ox) sjBiimt s^XjBjajoag I II aoi^ou iuaiu -ssassB 3u;]iBLa jo a^BQ I I I puBj JO anjBA passassy 9-0. C o 3? 0< .2 C ^ O t- a; -_c (^•^ 2 q; 03 si ^ o " P-, 5 >.g a a > E = '^ S 2 & c ^ = fe-^ in =J e ° d^ cj C. ^ = = |^ <= _ c ^ , u 0) 03 C a fe 3 O o IIOJ no -o^i - .« ' 1980 Cap. 112 SCHOOL assessment FORM B. For Rural Districts. (Section 9 (S) ) Assessment !N'otice. The School District ISTo. of Saskatchewan. To P.O. You arc hereby notified that your name appears on the assessment roll of the above named school district for the year 19 as the owner (or occupant) of which is assessed at $ You are further notified that if you object to this assess- ment you must appeal to the justice of the peace nearest to mj residence within fifteen days after the posting of the assessment roll otherwise the assessment will stand. Dated at this day of 19 . Secretary. (or Secretary Treasurer.) Residence of Secretarv (or Secretary Treasurer) Sec. Tp. R. M. ■ For Ratepayers in FORM C. Rural Districts. (Section 10) XoTicE OF Appeal. To Justice of the Peace. P.O. You iwc lioreby notified that I appeal from my assessment in the School District No. of Saskatche- wan for (dcscriptim} of property and number of acres) on the ground that and that I wish to have this my appeal considered 1)_\ you. (Signature) Dated at this day of 19 . Note.~A fee of $2 nuist accompany this notice or be deliverer] to the justieo of the peace if the notice is handed to him. SCHOOL ASSESSMENT Cap. 112 1981 FORM D. For Rural Districts. {Section U (S) ) Tax I^otice. The School District No. of Saskatchewan. To P.O. You are hereby notified that you are assessed on tne assessment roll of the above named school district for the year 19 for acres of land of the assessed value of $ , the taxes on which at the rate of mills on the dollar amount to $ ; and you are further notified that the arrears of taxes due by you to the said district amount to $ and you are required to pay the same forthwith. The land for which you are assessed is (here describe land). Treasurer. (or Secretary Treasurer.) Dated at this dav of 19 FORM E. (Section 23 (1) ) Certificate of Redemption. This is to certify that the following lands, viz. : as to which an adjudication under the provisions of section 23 of The School Assessment Act bearino- date the day of was made by His Honour ji^dge of the district court of the judicial district of in the Province of Saskatchewan 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 Regina in the Province of Saskatchewan this dav of 19 . Minister of Municipal Affairs. 1982 Cup. llii SCHOOL ASSESSMENT fok:m f. For Rale payers in Jhinil Districts. {Section II. par. 1 ) xottck of arpkat. fhom decision of justice of the Peace. I o Sccrctarv School District Voii arc hcroby iiotiiiccl that T appeal to a judge from the decision of a jnstico of tho ]K>aco witli respect to my assess- ment in the School District No. of Sasi • FOR]\r 0. For liural Districts. ( Sect ion 1 1 , par. 4 ) Notice to Party Whose Assessment is Appealed Against. To P.O. Take notice thai you arc i-c(Hiire(l to alt(>nd the court to l)c hcM l>y a judge {give day. hour tuid place of sitting of the court) in the matter of the appeal by you from the decision of a justice of the peace concerning your assessment in the School District Xo. of Saskatchewan for {gicc description and ralac of properly assessed). Secretary. CHAPTER 113. An Act to provide for the Payment of Grants in Support of Elementary Education. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The School Grants .4 cL short title K.S.S. 1909, c. 102, s. 1. INTERPRETATION. ' 2« — (1) In this Act, unless the context otherwise requires, interpretation the expression: 1. "Average attendance" means the attendance of pupils "Average for a school term as ascertained bv dividin^: the affsreffate days' attendance of all pupils enrolled in a school during such term by the total number of teaching days such school was actually in operation during the term ; 2. "Department" means the Department of Education ; "Department" 3. "District" means any school district erected or consti- "District" tuted under the provisions of The School Act; 4. "Minister" means the Minister of Education; "Minister" .5. "Rural district" means a school district situated wholly -Rura] outside the limits of any city, town or village municipality : district" Provided that in case a rural district or any portion thereof is included in a village or town hereafter organised such district shall for the purposes of this Act be deemed to be a rural district until the end of the then current calendar year; 6. "School" means a room or building in which one "School" teacher is employed by a district to give instruction to pupils in accordance with the provisions of The School Act and the regulations of the department and where more teachers than one are thus employed each room in charge of a separate teacher shall rank as a school ; 1. "Teacher" means any person holding a certificate from "Teacher" the department entitling such person to teach ; 8. "Teaching day" means any day upon which a school is "Teaching legally open during the hours prescribed by The School Act^^^ and the regulations of the department and does not include any Saturday, Sunday or holiday; 9. "Town district" means a school district situated wholly "Jown^^ or in part within the limits of a city, town or village. 1984 Cap. I Hi SCHOOL GRANTS Other eKpreitsions (2) All Other words, names and expressions, unless the context otlierwisc requires, have the same meaning as is expressly or ijiipliodlv attached to them in The School Act. R.S.S. i0O!i. <•. 102. s. 2. GranU: To rural distrifUs To'lOWD districts GRANTS. 3. Out of any moneys appropriated by the Legislature for the purpose there shall be payable in aid of olomontary educa- tion the following grants: 1. To every rural school district: (n) the sum of seventv-five cents for every teachinu' dav upon which its school is in operation during the Year ; (h) an additional sum of twenty-five cents for every teaching day upon which its school is in operation during; the year o^'er and above one hundred and sixty days: Provided that the total number of days for which such additional grant shall be payable shall not exceed fifty; (c) an additional sum of ten cents for every teaching day upon which its school is in charge of a teacher holding a valid first class interim or professional certificate issued by the department; (d ) an additional sum of forty cents for every teaching day upon which its school is open during the year ending on the thirty-first day of December, in • which it is first in operation ; thirty cents during the second vear : twentv cents during the third ■• .year; 'Hid ten cents during the fourth year; (c^ an additional sum of ten cents for every teaching day upon which its school is open, provided such district comprises an area of eight thousand acres or less; (f) for eiicouraiLiin'^ I lie icarhinu of household science and making proper provision for the noon lunch. a grant ((pial to fifty per cent, of the initial cost ^'■^ of ap]>i'«)V('(l (•(pii|>iiiciii, t to exceed twenty dollai's ; 2. To evcr\ town dist lict : I '^1 the sum of seventy-five cents foi' every teaching day Tipon which its school i^; in operation during the year; (h) an additional sum of thirty cents for every teaching day upon which its school is open during the first year of its operation and fifteen cents durincr the second year ; SCHOOL GRANTS Cap. 113 1985 (c) an additional sum of ten cents for every teaching day npon which its school is in charge of a teacher holding a valid first class interim or professional certificate issued by the department; (d) an additional sum of $1.50 for every teaching day upon which there is maintained by the district during the year a school or room exclusively for pupils above grade VII, subject to the following conditions : (i) that the daily average attendance of pupils in such school or room is at least fifteen ; (ii) that the equipment provided, the classifi- cation of pupils and the instruction given are satisfactory to the department ; (iii) that a high school or collegiate institute is not in operation within the district ; (e) for encouraging the teaching of household science and making proper provision for the noon lunch, a gi-ant equal to fifty per cent, of the initial cost of approved equipment such gi'ant not to exceed twenty dollars; 3. To every school district that provides conveyance as conveyance , . . of DUUlls required by sections 207 and 209 of The School Act, and in accordance with the regulations of the department in that behalf, a sum to be determined by the Lieutenant Governor in Council but not to exceed one-third of the actual cost of such conveyance as shown by proper vouchers therefor ; 4. To every district makino- provision for industrial industrial evening schools in which persons employed during the day schools may receive instruction in the trades or occupations with related instruction in English, mathematics, drawing, science, history and geography as provided for in paragraph 2 of section 184 of The School Act, an annual grant equal to 40 per cent, of the cost of tuition up to a maximum of $250 ; 5. To every district maintaining a night school as pro- Night vided for in section 183 of The School Act, there shall be'^'"*^^* paid the sum of two dollars per evening session for each teacher so employed: Provided that such night school is conducted in accordance Night with the regulations of the department ■ governing night ^^ °°'* classes. E.S.S. 1909, c. 102, s. 3; 1912, c.^34, s. 1 ; 1912- 13, c. 37, s. 1; 1913, c. 51, s. 1; 1915, c. 24, s. 1; 1917 (sess. 2), c. 34, s. 3; 1918-19, c. 50, s. 2; 1919-20, c. 39, s. 2. 4. In case it should be shown to the satisfaction of the Erection of minister that without financial assistance a rural district isr^idelice unable to erect a teacher's residence, and such is requisite 1986 Cap. 11. 'i SCHOOL graxt.s for tile |inij)(.'r operation of a school, a gram may be made for the purpose l»,v ilic Lieutenant Governor in Council of a sum not exceeding one third of the cost of such residence as shown hv pi-itjx'r vnuchers s\d)mitted to the (h'j^artment. lOlit-i'o, c." :;:». s. ;j. , ., coMMini.Ns ri<>.\ WHICH <.i;.\.\rs ark rA^AHi.K. Conditions ;">. 'V\\(- s('\('ral urauts referred lf the teacher's agree- ment, the term return aiul such other rei)0rts, forms or state- m(mts as are recpiired by the minister: 7. In case the teacher of any district attends any school ■ garden exbilMtion. teachers' institute or convention held nudei- the regidations of the department, such district shall be entitled to all arants as if its school had been in operation for the teaching days actually ntM-essary in attending such exhibition, institute or convention: Provided tbat the total number of days for which s\u'h o-rants shall lie paiy and with tho atlvice ami consent of tho I.ciiislativo As.sf'iii1)lvot" Saskatchewan, enacts as follows: "Board" "Council" "Department "Minister" "Regulations' Instruction of pupils ^^hort title ±^ ji^jj^ \,., ,,,;,v he citcd as The Vocational Education Act. 1910-20, c. 42, s. 1. f Interpretation 2. In this Act, luiless thc contcxt otherwisG requires, the expression : 1. "Board'' means any board of trustees of schools estab- lished under the provisions of The School Act or of The Secondary Education Act; 2. *'Councir' means the council of tli<> rity or town in which the school is established; ;;. -'Department"' means the Department of Education; 4. --^linister" means the ^linister of Education; 5. ''Regulations'' mean reaiilations made under the pro- visions of this Act. 1010-20, c. 42, s. 2. 3. With the approval of the minister the board of trustees of a town district or of a high school district may provide for the instruction of pupils in the following classes of schools: (a) day schools, which shall have an independent organisation or be constituted as a department of an existing educational institution, the purpose of such schools or departments being to train adoles- cents for gi-eater efficiency in industrial pursuits and for thc duties of citizenship; (&) evening schools, in which adolescents and adults may receive theoretical and [)ractical instruction in such occupations as they are engaged in during the day. 1919-20, <•. 12. s. :]. CON'DiriOXS OI" ADMISSION. 4. l-i.r iiilniissioii to a |)licants shall hold (iradf \' 1 "1- (•(iiii\al('ni -landiiii:', or Ik- at least fourteen years of age. 1019-20, c. 42, s. 4. 5. For admission to an evening school applicants shall be at least fifteen years of age and shall satisfy the principal that their general education is such that they will benefit by the instruction for which application is made. 1919-20^ c. 42, s. 5. Day schools ETening <»phool8 VOCATIONAL TRAINING Cap. 115 1991 VOCATIONAL EDUCATION COMMITTEE. "•—(1) To assist in the establishment and management Composition of any school or department organised under this Act there shall be appointed annually a vocational education committee with the powers hereinafter specified. This committee shall be composed of ten members, four of whom shall be nominated by the board, three being members thereof ; of the remaining members three shall be employers of labour and shall be nominated by the council ; the remaining three shall be employees and shall be nominated by such local organisations as the board mav determine, «. (2) The members of the committee shall be British sub- jects and shall be resident ratepayers of the district. 1919- 20, c. 42, s. 6. '7. Subject to the approval of the board the vocational ^°'*'®''® education committee shall have authority: (fl) to provide suitable accommodation and equipment; (h) to arrange for conducting the school or any class thereof in anv school or other suitable buildina; in the district ; (c) to employ and dismiss teachers and fix their salaries ; (d) to visit and report to the board on the schools under its charge ; and (e) generally to do all other things necessary for carry- ing out the true object and intent of this Act with respect to any school or class which may be estab- lished thereunder. 1919-20, c. 42, s. 7.' 8. Each vocational education committee shall submit Estimates of annually to the board for approval an estimate of the amount '^"p^"^'*"'"*^ of money required for the next academic year and the board shall meet all expenditures made in carrying out the work which has been approved. 1919-20, c. 42, s. 8. 9. Subject to such regulations as are approved by the Apponion- Lieutenant Governor in Council, the minister shall a ppor- moneys^ tion any moneys available for the support of vocational and technical education and for the establishment and mainte- nance of schools authorised bv this Act. 1919-20, c. 42, s. 9. 10. For the proper administration of this Act the min- Regulation* ister shall make regulations governing: (a) the character of the accommodation and equip- ment ; 1992 Cap. 115 vocational training (&) the qualifications of teachers or instructors; (c) the courses of study ; (d) the fees that may be charged to pupils ; and (e) any other matters relating to vocational education not herein provided for. 1919-20, c. 4-2, s. 10. CHAPTER 116. An Act respecting Assistance for the Education of Soldiers' Dependent Children. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Education of Soldiers' ^^°''^^'^^^ Dependent Children Act. 1919-20, c. 43, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the interpretation expression : 1. "Commission" means the Commission for the Education "Commission- of Soldiers' Dependent Children; 2. "Minister" means the Minister of Education. 1919-20, "Minister- c. 43, s. 2. COMMISSION. 3. There shall be a commission to be known as "The Com- Constitution mission for the Education of Soldiers' Dependent Children" which shall consist of the Deputy Minister of Education who shall act as chairman, a person nominated annually by the Minister of Education, and a person nominated annually by the executive committee of the Saskatchewan command of the Great War Veterans' Association. 1919-20. c. 43, s. 3. 4. The expenses of the commission incidental to carrying Expenses out this Act shall be chargeable to and payable out of the consolidated fund. 1919-20, e. 43, s. 4. 5. The commission shall be attached to the Department Attached to of Education and shall furnish the minister with such Department reports, statements and information as he may at any time require. 1919-20, c. 43, s. 5. 6. Subject to the provisions of this Act and to any provi- Jurisdiction sions made under this Act, the commission shall have full power and authority and exclusive jurisdiction to deal with all matters pertaining to the assistance to be given, as hereinafter provided, for the education of dependent children of deceased or disabled soldiers and its decisions shall be final. 1919-20, c. 43, s. 6. 1994 Powers Quulificatiuns of applicants Froof.s furni.'ilied Matters determined Educational standing Cap. 116 soldiers' dependent children 7. The c'Oiuinissinii shall lia\c luiwi-r lo iiniuiix' into any case for whicli apiilicaiimi tor assistance is made and to take evidence undei- <>aili "V l>v aftirniatioii. 1019-20, c. 43, s. t. COM>ni(>.\S OF ()KAN'riN<; AI1>. t*». Jlic cliilili-cu who niav he a.ssistcjil shall he chihlren who have reached the ace of sixteen years and are the chil- li icii of deceased m- disahled sohliers on wliose hchalf a pension allowaiire lias heeii made niidei' any Act or order in council of the (iovernnient of C'anaihi atfectinc: the pen- sions of inenihei-s of the Canadian Exj)e(litionary Force: Pi'ovided that such soldiei's were resident in Saskatchewan ar the tinu^ of their enlistment or draft. 1019-20, c. 43, s. 8. I). \\'itli e\crv aiiplieat ion for assistani-c ilie commission shall I'equire : (a) a certificate of good character signed by some responsible person; (h) a cei'tificate of l>irth or otlier satisfactory evidence of the date of hirth ; (c) a certificate from a duly qualified medical practi- tioner that the applicant is jihysically fit to carry forward a coiii\se of studies; (d) ))roof that a pension allowance has been payable. 19U)-2(K c. 43, s. 9. 10. The commission shall determine the educational standing of any a])plicant for assistance, his fitness for a course of stu'ly. the duration of assistance to be given and the amount and terms thereof. lit 19-20. c. 43, s. 10, 11. The minimum e(lncationaI standing of applicants assisted shall be grade \' I 1 1 or its equivalent as defined from tinu^ to time by the regulations of the Department of Education. 1010-20. ,■. 43, s. 11. Duration of assistance Amount of a.s8istanco ■nrilATTOX AXD T-TAfirs OF ASSISTAXCE, I'i. Such assistance shall continue not longer than three \-ears from the date on which the applicant is accepted by the commission, iioi- shall it continue in any case beyond the time when the applicant shall have ohiained the standing reipiircMl for entrance into the University of Saskatchewan or junior unit riciilat ion. !!• 10-20, c. 43, s. 12. i:5. — (\) The amount of assistance shall in no case exceed the sum of two hundred and forty dollars in any scholastic vear dating from Septemher first in any year to June thir- tieth in the year following. soldiers' dependent children (.'ap. 116 1995 (2) In the ease of provision being made for the education of a child by the board of pension commissioners for Canada in accordance with subsection (1) of section 23 of The Pension Act, being chapter 43 of tlie statutes of Canada 9-10 George V, such child sliall not be eligible while receiving such pension to a greater amount than the dillerence between the amount pavable under the said Act and the amount pay- able under subsection (1). 1919-20, c. 43, s. 13.- GENERAL PROVISIONS. 14. The commission shall approve of the educational insti- Approval of tution which the applicant is desirous of attending. 1919-20, institution c. 43, s. 14. 15. The counnission shall require from time to time fi'oiii Report of the authorities of the school which the applicant is attending p^^ress a report on the progress and conduct of the applicant and his fitness for the further continuance of his studies. 1919-20, c. 43, s. 15. 16. The applicant shall attend school regularly and in Effect of case he shall fail to make at least 80 per cent, of the possible iSiance attendances in any month except for reasons satisfactory to the commission he shall forthwith forfeit his right for further assistance. 1919-20, c. 43, s. 16. IT. The commission is empowered to review any case at Power to anv time and deal with it as may be deemed advisable. '^^'"^'^ 1919-20, c. 43, s. 17. 18. The commission may make regulations subject to the Regulations approval of the minister for properly carrying out its duties. 1919-20, c. 43, s. 18. 19. The commission shall make a report of its proceedings j^^p^rt annually to the Lieutenant (rovernor in Council. 1919-20, c. 43, s. 19. CHAPTER 117. An Act for the Creation of Scholarships for Canadian Students in Paris. H l*^ Majesty, by and wilh the advice iind consent of the Legislative Assembly of Saskatchewan, enacts as follows: Short title 1. x]jjg Agt j^jj^ i-jg (j-^g^j ^g rj^j^ \Y^^. Memorial Scholar- ships Act. ^^ta ifl men 2, '^£\iq Lieutenant Governur in Council is hereby author- schoiarehipe -g^^ ^^ ^^,^^^ annually three scholarships of $1,200 each to such students or teachers, usually resident in Saskatchewan, as he may designate, for the purpose of assisting them to follow post-graduate courses of study in the city of Paris, France. 1919-20, c. 41, s. 1. Conditions 3^ Such Scholarships shall be granted on such terms and conditions and under such regulations as may be prescribed by the Lieutenant Governor in Council, and the money required for the purpose shall be chargeable to and payable " out of the consolidated fund. 1919-20, c. 41, s. 2. Section X AGRICULTURE H CHAPTER 118. An Act respecting Agricultural Societies. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Agricultural Societies s^o^^*'''^^^ Act. E.S.S. 1909, c. 112, s. 1. INTERPRETATION. 2. lu this Act, unless the context otherwise requires, the interpretation expression : 1. "Department" means the Department of Agriculture ; "department" 2. "Minister" means the Minister of Agriculture; "Minister- 3. "Society" means an agricultural society organised or "Society" continued under this Act or an agricultural and industrial exhibition association incorporated under the provisions of The Companies Act or any other Act; 4. "Director" means the Director of Agricultural Exten- "Director" sion Work in the College of Agriculture in the University of Saskatchewan. R.S.S. 1909^ c. 112, s. 2. OBJECTS OF AGRICULTURAL SOCIETIES. 3. The obiects of a society shall be to encourage improve- Objects of ., , . -, ^ ' 1 p societies ment m agriculture, horticulture, arboriculture, manufac- tures and the useful arts: 1. By forming farmers' clubs and boys' and girls' clubs throughout the district served by the society for the purpose of making more effective the methods enumerated in this section ; 2. By holding meetings for the delivery of lectures and for the discussion of subjects connected with the theory and practice of any of the said industries ; 3. By promoting the circulation of agricultural, pastoral, horticultural, arboricultural and mechanical periodicals and by establishing and maintaining a reference library on such subjects for the use of its members; 4. By offering prizes for essays on subjects relating to or affecting agricultural interests; 1998 Cap. 118 AGRICULTURAL SOCIETIES Ezpeoditure of funds ^ 5. By iiiiiMiii iiii: or otlicM'wisc procuriug seeds, plants oi animals of new or valiiablo kinds; 6. By holding- seed gi-aiu fairs; 7. lly liolding good farming eoniijctitions and competitions in standing crops; 8. By holding live stock judging competitions; 11. I>y holding ]»]ougiiinL; matches and such other compe- titions as ai-c crmdncixc to improved agi-icultural practices: !(•. By holding cxliiliii ions ns hereinafter provided at wliicli ]»i-i/.('s may he awarded for: (a) exeelhMK-e in lixc stock raised or imported into the province; (h) \)uvv hred dogs of utility breeds serviceable in the protection of useful aniinals or in the destruction of noxious animals ; (c) the invention or improvement of agricultural machines or imidements; (d) the production of grains, vegetables, plants, flowers and fruits, home manufactures and works of art; and generally foi- excellence in any agricultural jirodiici ion or operation; 11. iJy taking action to eradicate ])oisonous and noxious weeds and to exterminate ^ucli animals as are found to injure or impede aiiricultnre : 12. By conducting di'nion-l latinns in the growing of cro{)s and the feeding' of stock or in anv other branch of aoriculture and by testing any system of farming; 13. By afhliatiug and co-operating with associations organ- ised to inipro\(' li\c stock or encourage grain growing, dairy- ing, forestry or fruit growing or jiromote the study of plant life or the destruction of injurious insects and ]>lants; 14. By encouraging manual and domestic training among the children of the district and promoting interest in school gardens. goi)her clubs and weed clubs. It.S.S. 1909, c. 112. s. 3; 1917 (sess. 2), c. 36, ss. 2, 3 and 4; 1918-19, c. 52, s. 2. 4. — (1) The funds of agricultural societies howsoever derived shall not be expended foi- any object inconsistent with the pro\isions of this Act. (2) Such funds shall be de]iosiicd from time to tim<> to the credit of the society in a chartered bank or other banking house; and all checks shall be signed by the president or a vice president and tlie treasurer or secretary treasurer of the society. B.S.S. 1900. c 112, s. 4. KXISTlNc; socil/li IS CONTINUED. Existing societies •">. All (>xisting agricultural societies sliall be continued as such under and sid)jcct to the provisions of this Act, and AGRICULTURAL SOCIETIES Cap. 118 1999 the present officers of such societies shall continue to hold i- ■ ,' office as such until the next annual meeting' of the society. H.S.S. 1909, c. 112, s. 5. ORGANISATION OF SOCIETIES -(1) An agricultural society may be formed under the <^''*?»n»««*'<"' provisions hereof in the following maimer: , i '. Provided that unless it is shown to the satisfaction of the minister to be in the public interest no agricultural society shall be organised within thirty miles of the chief place of business of any other society unless the physical or other natural conditions of the adjoining country are such that the formation of such society will not injuriously affect any other society: 1. An application (form A) containing the information indicated as required thereby shall be signed by not less than one hundred and fifty persons all being over twelve years of age and residents of the province and not being members of any other agricultural society in the province and not less than 75 per cent, of them being bona fide farmers residing upon farms; 2. Every person signing the said application shall pay ar least one dollar as or as part of his first annual subscription to the funds of the proposed society and such moneys shall be paid to and be held by one of the subscribers in trust for the society; 3. The application shall be verified by an affidavit of one of the subscribers in the form appended to the said form A ; 4. The application so verified shall be transmitted to the minister who if he approves thereof shall declare the sub- scribers thereto to be organised into a society under the name of "The Agricultural Society'' and shall issue a certificate of such organisation (form B) and thereupon the society shall be deemed to be formed; but any society may subject to the permission of the minister change its name at any time. (2) A copy of the certificate of organisation of any society shall forthwith after the organisation of such society be sent to the director. R.S.S. 1909. c. 112. f^. 6; 1917 (sess. 2), c 36, s. 5. T. As soon as practicable after the formation of the society First a meeting of the subscribers and of such other ]:»ersons as '"^•'"^^ desire to become members thereof which meeting shall be regarded as the first annual meeting of the society shall be held at the call of the director and at such time and place and with such prior public notice as he directs. Tv.S.S. 1909, c. 112, s. 7. 2000 Report Cap. 118 AGRICULTURAL SOCIETIES 8. A report of the said meeting certified by the president and the secretary containing a statement of the number of members and a list of the officers elected or apj)oiutcd shall be sent by the secretary to the director within one week after the meeting. R.S.S. 1909, c. 112, s. 8. MEMBERSHIP. Memb«rBhip 9. — (^ ^ ^ Any pcrson who would have been qualified to sign an application for the formation of a society may become a member thereof at any time on payment to the treasurer of a membership fee of not less than one dollar. (2) Payment of the said fee shall entitle the person paying it to the privileges of membership for the financial year for which it is paid and until the conclusion of the next following annual meeting. (3) At the time of payment of his membership fee every member shall give to the treasurer a post office address to which all notices of meetings and other notices intended for members shall be sent. • (4) Subject to the bylaws of the society a firm or an incor- porated company may become a member of any society by the payment of the regular fee; but the name of one person only shall in any one year be entered as the representative or agent of such firm or company and that person only shall exercise the privileges of membership in the society. (5) Any person may by the payment of $15 to the funds of the society be constituted a life member, and any society conferring in any year 50 or more life memberships shall receive from the moneys appropriated by the Legislature a grant equal to one-half of the amount collected from life memberships. E.S.S. 1909, c. 112, s. 9; 1910-11, c. 41. s. 14 (1) ; 1917 (sess. 2), c. 36, s. 6. C>flB««r« OFFICERS. 10. The officers of the society shall consist of: (a) a president; (b) two vice presidents; (c) a secretary and a treasurer or a secretary treasurer : (d) such number of directors as may be determined by the society in addition to the president and vice presidents who shall be ex officio directors. RS.S. 1909, c. 112, s. 10; 1919-20, c. 45, s. 1. Qualification j^;|^^ j]^^ j)ersons qualified to vote for officers or to be elected shall be only those members who have paid their membership fee for the financial year in which the election is held. rj.S.S. 1909, c. 112, s. 'll. AGRICULTURAL SOCIETIES Cap. 118 2001 1^. At the first annual meeting all the officers except theofficera secretary and the treasurer or the secretary treasurer who®'*""*^ shall he appointed as provided by section 14 shall be elected hy ballot. K.S.S. 1909, c. 112, 's. 12. 13. The president, vice presidents and directors elected Twm of at the first or any subsequent annual meeting- shall hold office until the next following annual meeting. E.S.S. 1909. <^. 112, s. 13. 14. The board of directors mav from time to time appoint Secretary ^ secretary and a treasurer or a secretary treasurer who may be a director or directors and who shall hold office during pleasure. R.S.S. 1909, c. 112, s. 14. 15 — (1) It shall be the duty of the treasurer or secretary ou^es^w treasurer : (a) to receive all moneys paid to the society and to disburse the same in the manner ordered by the board of directors; (h) to keep a complete and detailed record of all moneys received and disbursed; (c) to give and take receipts for all moneys received and paid out and keep on file all vouchers of expenditure ; (d) to close and balance the books of the society at the end of the financial year which shall be the fifteenth day of ^^Tovember in each and every year ; (e) to produce when called for by the directors, the auditor, the director or other official appointed by the minister all books, vouchers, papers and moneys belonging to the society and to hand the same over to the directors or any person named by them on his ceasing to hold office ; (/) to prepare at the end of each financial year in the manner provided by this Act such statement of the finances of the society as is required to be submitted to the annual meeting; (g) before entering upon the duties of his office and within one month after his appointment to give ■ : . ■ ,.• a- such security as the board of directors may deem .!■.'•'.' necessary for the faithful performance of his duties; and it shall be the duty of the directors to inquire into the sufficiency of such security and to report to the director forthwith after such security is given and approved. m .;..•• (2) No grant shall be paid to any society under this Act ^j°''<^^^'" sinless and until the directors shall have reported that the 2002 Vacancies in office C'ap. lis AlilUCLLTL KAL .SOCIETIES seenritv of the treasurer or secretary treasurer has lieeii approved l.y tlieni. IJ.S.S. 1000. e. li2, s. 15. 1<». In the eveni ot" au officer of an ai;i-icultural soru'iy dviiiir or resio-niiiii' office or in anv other way vacatini!,' his office during- the period for which lie has been elected the board of directors shall a|)point an eligible person to fill the office for the unexi)ire(l term of the person so vacating office. R.S.S. 1000, c. 112, s. 10. Director may •■nil meetinRs 1"J. It at any linic there shall be no officers of a society or if there is an insufficient number of officers and they do not act I lie director may authorise any i)erson to call a meeting of the society for any i)urpose or take such other action as the director deems proper in the interests of the society. Pi.S.S. 1000. c. 112, s. 17. Annua! meeting Annual audit A^■^LAL MEETING. 18. Everv acrictdtural society shall hold ;iii annual meet- ing between the twentieth day of November and the twentieth day of December in each year at such time and place as may be decided upon by the directors. TJ.S.S. 1000. c. 112. s. 18. 19. Prior to the annual meeting the treasurer or secretary treasurer of each society shall submit the books and accounts of the society for the preceding year to be audited : (n) in the case of a society situated outside the limits of a city, town, rural municipality or local improve- ment district by an official auditor; (h) in the cas(^ of a society situated within the limits of a city, town, rural municipality or local improve- ment district bv the auditor of such city, to\vn, rur;il iiiuiiicipality or district: and it shall be the duty of such otlicial auditor or auditor, as the case may be, to examine, check, audit and report upon the accounts of such society and to certify to the correctness of the same or otherwise, as the case may be. 1012. c. 42. s. IS. Notice of annual mretinR 20. At ha-t two weeks" previous notice of the time and place of holding an annual or other meeting of a society shall be given bv the secretary bv written or printed notice mailed to each nieinber of tlie soeietv and such additional notice as the directnr< .hvi.le. R.S.S. 'lOOO. e. 112. s. 20. Bubfltituted nie«tinK 21. In case any society throuah any cause fails to hold its annual meeting within the time appointed the director mav appoint a time for holdinii' the same and the meeting- AGRICULTURAL SOCIETIES Cap. 118 2003 shall be called by the secretary or by some i)erson appointed for the purpose by the director in the same way as th(> regular annual meeting and the meeting when held shall bo considered as the annual meeting of the society and conducted as such in every particular. KS.S. 1909, c. 112, s. 21. 22. The followins; shall be the order of business at iheprderof ^ . . business annual meeting oi an agricultural society: 1. Reading minutes of previous meeting; 2. Addresses and reports of officers ; 3. Reports of committees; 4. TJnfinished business ; 5. ]^ew business; 6. Addresses and discussions ; 7. Election of officers; 8. Adjournment. R.S.S. 1909, c. 112, s. 22. 33. The board of directors shall at the annual meeting Reports of ^ board of present : directors (a) a report of their proceedings for the year with such remarks and suggestions upon the state of agricul- tural development in the district as they see fit to offer ; (h) a statement showing the name, occupation and post office address of each member with the amount of his subscription to the society for the year opposite his name; (c) a detailed statement of the receipts and expendi- tures of the society for the current financial year certified by an official auditor ; (d) a statement of the assets and liabilities of the society certified by an official auditor; (e) a statement showing the amount offered and also the amount actually paid in prizes for each kind of live stock, live stock judging competitions, agri- cultural and domestic products, manufactured articles or other objects respectively and the num- ber of entries in each class ; (/) a report of each meeting held for the discussion of agricultural subjects giving the names of the speakers, the subjects of their addresses and the number of persons present; (g) a report upon any co-operative agricultural demon- strations or other educational work carried out under the instructions of the director during the year. R.S.S. 1909, c. 112, s. 23. Vol. 11—28. 2004 Cap. 1 IH AtiUICULTURAL SOCIETIES Other meetiriK'S 24. Meetings of the society Dtlicr than the annual meeting may be held at any time that the Itoaitl of diivetors deter- mines. K.S.S. 11)0!), c. 112. s. lM. Directors' tneetinics MKETINGS Ol' IUKKC TUKS. 23. Meetings of the board of directors may he held at any time on th(> call of the president or in his absence a vice pr(\sident or any three members of the board and it shall be the duty of the secretaiy when instructed so to do to give at least ten days' notice in writing of any such meeting to every member of the board which notice shall be posted bv nuvil in due course. R.S.S. litO!). c. 112, s. 25. QUORUM. Quorum 2(>. 'fpj^ membei's shall constitute a quoi-um at n meeting of the society and five directors at a meeting of the directors. Ft.S.S. 1909"; c. 112, s. 26. SUPERVISION OF SOCIETIES. Supervision of societies Duties of director Inspector *^;. I'he director shall have the direction and supervision of all societies organised under An Ordhmnce respecting Agricultural Societies or any Act passed in amendmenl thereof or in 09. c 112. s. 27. 28. In the tlirection and su])ervisi(»ii of societies it shal be the dutv of the director: (a) (c) to visit, iiisp(H't and I'eport upon agricidtural exhibitions for the information of tlu^ minister; to visit, inspect and rei)ori upon any demonstra- tion ])lots, eom])etitions or other undertakings being carried on by any agincultural society in accordance with this Act; to inspect when recjuired by the minister the books, accounts and records of any society and to give such advice and instructions to its officers as he considers necessary to insurer the proper carrying on of the affairs of siudi society; {d) to advise the directors of the various societies with regard to exhil)itions, competitions and educational work. R.S.S. 1009, e. 112, s. 28. 29. Tlic minister nuiy appoint an inspector to examine the hooks and accounts of :iny society; and the Lieutenant Governor in Council may confer on such inspector any or all of the powers which may be conferred on a commissioner appointed under the provisions of The Public Inquiries Act. R.S.S. 1909. c. 112, s. 29. A (; HI CULTURAL SOCIKTIES RKTUENS. Cap. 118 2005 :50. (1) A list of the otficers elected at the annual nieet- ,'/iX°to? *° ing and a copy or sumniaiy of each report and statement (•(^quired to be presented thereat shall be transmitted to the director by the secrelary npon the forms provided for the purpose on or before t\w thirty-first day of December in each year; and in case any of these particulars is not trans- mitted from an agricultural society within this date it shall not receive any ])ortion of any appropriation made by the Legislature to which it would be entitled if such returns were properly submittc'd unless the minister is satisfied by the explanation giv(Mi that such delay was unavoidable or inadvertent in which i-ase he may pay the grant to which such society would be entitled after deducting the sum of fiv(> dollars for (^ich week of such delay. ( 2 ) Within two weeks after the receipt of such statement or annual report the director shall transmit to the minister a report in form approved by the Lieutenant Governor in Council giving a statement of the amount of legislative grants earned by the society in respect thereto and such other facts regarding the work of the society as the minister requires. (3) Notwithstanding anything contained in subsections (1) and (2), any of the statements which are required to be presented by any society at its annual meeting may be -submitted to the dir(>ctor at any time sultsequent to the hold- ing of the exhibition or competition to which the statement refers and previous to the end of the calendar year in which it is held; and upon receipt by the minister of such state- ment ]>roperly certified by the secretary of the society and indorsed by the director the grant earned by the society in respect to such exhibition or competition may be paid forth- with. R.S.S. 1900, c. 112, s. 80; 1910-11, c. 41, s. 14; 1912, c. 42, s. IS (2). 31. — (1) The members of each society may at an annual J^^l^^j^^j*^*^ meeting or at a special meeting called for that purpose, make, alter and repeal bylaws and regiilations for the general management of the society and subject to such bylaws the board of directors shall have full power to act for and on behalf of the society and all grants and other funds of the society shall be received and expended under their direction. (2) A copy of such bylaws and regulations shall be forth- with transmitted by the societv to the director. R..{-5.R. 1909, c. 112, s. 31. REAL PROPERTY. 32.— (1) Every society now or hereafter organised shall ^"^j^^'*® "* be a body corporate with power to acquire and hold land as°<""P°''=*** 2006 Cap. 118 AGRICULTURAL SOCIETIES Appropnation of, and compensation for, real property a site for fairs and exhibitions and subject to the approval of the society given at a meeting called for the purpose to sell, mortgage, lease or otherwise dispose of the same or any other property held by such society. (2) At least a month's previous notice of such meeting shall be given in the manner provided for calling such meet- ings and the notice shall state the object for which the meet- ing is called. K.S.S. I'JOO, c. 112, s. 32. 33. — (1) Subject to the approval of the Lieutenant Governor in Council a society shall have full power and authority without the consent of the owner thereof or any person interested therein to enter upon, take and appropriate all land not exceeding twenty acres as may be deemed neces- sary for the purposes of the society making due compensa- tion therefor to the person or persons entitled thereto. (2) In the event of no mutual agreement as to the amount of compensation being arrived at within the period of sixty days from the date of such entry then in that event the amount of compensation shall be fixed and determined by two arbitrators, o^.e to be appointed by the society and the other by the person or persons owning the land so taken. (3) The two arbitrators so appointed shall have power to appoint an umpire. (4) The provisions of The Arbitration Act shall apply to and govern such arbitration. R.S.S. 1909, c. 112, s. 33. EXHIBITIONS. Exhibitions 34. An exhibition may be held by an agi'icultural society, board of management or company organised for the purpose at such time and place as may be decided upon by the directors at a meeting called for that purpose. R.S.S. 1909, c. 112, s. 34. Prize- list sent to director 35. If a society, board of management or company organised for the purpose shall propose to hold an exhibition at which prizes are to awarded two copies of the prize list shall he sent to the director at least six weeks before the date upon whidi tlic p\1iil)itinn is to be held. R.S.S. 1909, c. 112, s. 35. Union of societies for holdinR exhibitions .*5G. — (1) Two or more societies may by agreement between their respective boards of directors unite their funds or any portion thereof for the purpose of holding a joint agri- cultural or live stock exhibition. (2) In case of such amalgamation the directors of the said societies or delegates appointed for such purpose by each board of directors shall meet and eloct from among their number a president and first and second vice presidents, AGRICULTURAL SOCIETIES Cap. 118 2007 a secretary treasurer and at least eight persons who with the officers so elected shall be a board of management and shall have the charge and management of the exhibition so to be held. (3) The directors or delegates and members of the board of management shall at all meetings have the right to vote in person or by proxy. (4) On or before the first day of November in any year in which a joint exhibition is held it shall be the duty of the secretary treasurer appointed by the directors to submit his books and accounts to an auditor as provided by section 19 and the auditor so selected shall forthwith make his audit and report to the president of the board and for so doing he shall be entitled to a fee of $5. (5) Upon receipt of the auditor's report it shall be the duty of the chairman of the board to call a meeting of the directors for the purpose of considering the same and such other business as may be necessary. (6) The secretary of the board of management shall trans- mit a copy of the auditor's report to the secretary of each of the societies taking part in the joint exhibition and such report shall be submitted at the annual meetings of the societies concerned. RS.S. 1909, c. 112, s. 36. ' GRANTS. 37. — (1) Out of any moneys appropriated by the Legisla- Grants: , j: 1^1 11'j.j^j.i I'l" 1 • ascertainment ture lor the purpose, and subject to the conditions herein- and payment of after set forth and to such further conditions as may be imposed by the Lieutenant Governor in Council, there shall be payable in aid of agi-icultural societies the following grants : (a) to each society whose membership for the last pre- ceding financial year is shown to have included at least one hundred members but not more than one hundred and fifty who had paid their fees up to the date of the annual meeting, the sum of twenty- five cents for each member, and to each society whose membership for the last preceding financial year is shown to have exceeded one hundred and fifty members who had paid their fees up to the ' date of the annual meeting, the sum of fifty cents for each member, but no society shall receive a greater sum than $100 therefor in any one year; (fc) to each society 50 per centum of the cash prizes paid in connection with exhibitions of live stock and agricultural products, spring stallion shows, live stock judging competitions, live or dressed poultry shows, good farming competitions. 2008 Cap. lis AGRICULTURAL SOCIETIES competilioiis in standini;- crops, sumiinTtallow eompotitions, sood fairs and any other competi- tions which may he approved hy the l.ioutciiaut Governor in Council : Provided that the total amount of the prizes paid for exhihits of pnre l)red (h^ii's of utility hrecds at ap'iciiltural exhihitioiis shall he payahle as a grant, but no society shall receive a greater sum than $25 therefor in any one year; (c) to each sdciety holdinii' in one year at least five meetings for the purpose of disseminating knowl- edge on agricultural subjects, a gi'ant of one-half of the dishursements incurred in providing speaker's, hut uo such grant shall exceed $25. (2) Notwithstanding anything contained herein the grants payable to any society organised prior to November 1, 1917, but which on that date had been in existence less than five years, shall, until the end of five years from the date of the organisation of such society, be on the basis of two-thirds of the cash ])iizes actually paid in connection with exhibitions and competitions hold by such society. (3) The total amount of grants payable to any agricul- tural society or exhibition association in a city or town hav- ing a population of not less than 3,000, as determined by the latest Dominion census, shall not exceed in any year the sum of $2,000 and the total amount of grants payable to any other society in any year, exclusive of any grant which may be earned by vii-tu(> of subsection (5) of section 9 shall not exceed the sum of .'4^750. 1017 (sess. 2\ c 30, s. 7; 1918-19, c. 52, s. 3. "DIROnr; AXISATIOX OF Sf)riKTTKS. S'sSics"'"" '^^- 1" '1"' ^'^'Giit of its appearing advisable that any society be disorganised the minister may order and declare * . that on and after a day to be named by him such society shall be disorganis{>d and thereupon the same shall cease to exist and the othcers thereof shall cease to hold office. R.S.S. 1901t, c. 112, s. 38. LujuULitor 39. — ( 1 ~) \^u{)]\ the (I i soraa n i -at i< )n ^>l' anv societv the ministci' niav a|i|ii)iiit a iKpiiilator to adjust and settle ilic assets and lial)ilities of such society and such iiijuidatm- so appointed shall have full power and authority to sell and dispose of and convert into money all the assets and property of such society and shall apply the same as far as the same will extend firstly in payment of his icmnneration to be fixed by the minister and secondly in payment of the liabilities of the society: and the surplus, if any. shall be paid into the consolidated fund of the province. AGRICULTURAL SOCIETIES Cap. 118 2009 (i^) 111 case a society is disorganised and becomes an Transfer of - exhibition association or a joint stock company or other company the objects of which are wholly or partly those of a society under the provisions of this Act such society may transfer to such association, joint stock company or other company all its |)roperty. (3) Before such transfer takes phice the directors of such Approval of associatu)n or company shall submit to the minister tor his approval a copy of the proposed constitution and bylaws of such association or company and the minister may authorise the secretary of the society to transfer to such association or company the property of such society ; and such society shall thereupon cease to exist and shall he relieved from all its liabilities. (4) When such transfer takes eifect all the contracts, I'^ffect of property, assets and liabilities of such society shall be deemed to he the contracts, property, assets and liabilities of the association or company to which the transfer is made. E.S.S. 1909. c. 112, s. 39. REGULATIONS. 40. — (1) The Lieutenant Governor in Council may make Heguiations bv regulations for the guidance of agi-icultural societies not Governor inconsistent with the provisions of this Act respecting the manner in which their official books and records are to be kept and governing the conduct and management of agricul- tural educational meetings, exhibitions and any other under- takings in which such societies are authorised to engage. (2) Any society which fails to carry out any of such regulations shall not be entitled to participate in any appro- priation in aid of agricultural societies provided by the Legislature. K.S.S. 1909, c. 112, s. 40. SCHEDULE. FORM A. (Section 6) Application for Formatiox of Society. To the Honourable the Minister of Agi-iculture for the Province of Saskatchewan : We the undersigTied hereb^^ ^PPIy fo ^^ formed into an agTicultural society under the provisions of The Agricultural Societies Act. The proposed name of the society is '^The Agricultural Society." 2010 Cap. lis AGRICULTURAL SOCIETIES Tlip proposed chief place of business of the society is at in the Province of Saskatchewan. And the undersigned, each as to himself, says : 1. That he is over twelve years of age; 2. That his occupation is correctly stated; 3. That he is a resident of the Province of Saskatchewan ; 4. That he is not a member of any other agricultural society ; 5. That he has subscribed to the funds of the society the sum set opposite his name in the fourth column hereunder and that he has paid to the said funds the sum set opposite his name in tlie fourth column hereunder. Dated at this • day of 19 . Signature Occupation Post office address Amount paid ■ .■ - - Afidavit Verifying Applica/ion. . Canada: Province of Saskatchewan, To wit: I of in the Province of Saskat- chewan (occupation) make oath and say that: 1. I am one of the subscribers to the foregoing (or annexed) application; 2. I verily believe that the statements made in the said application by each of the said applicants are true ; 3. The sum of dollars being the total sum paid by said applicants towards the funds of the proposed Agi-icultural Society is now held by in trust for said society. Sworn to before me at in the Province of Saskat- chewan this day of 10 . (Signature) A in and for fhr Prorince of Saskatchewan. AGRICULTURAL SOCIETIES Cap. 118 2011 FORM E. (Section 6) The Province of Saskatchewan. The Agricultural Societies Act. "^ This is to certify that on the day of 19 application was made to the Minister of Agriculture for the Province of Saskatchewan by (here set out names and addresses of applicants) for the formation of an agricultural society under the provisions of The Agricultural Societies Act to be known as The Agricultural Society and to have its chief place of business at in the said province and the requirements of the said Act as to matters preliminary having been complied with it is hereby declared that the persons above mentioned have been this day organised as an agi'icultural society under the provisions of the said Act under the name of ''The Agricultural Society" having its chief place of business as aforesaid and subject in all respects to the provisions of the said Act. Dated at Regina this dav of 19 H CHAPTER 119. An Act respecting Agricultural C'o-operative Associations. IS Majcstv, by niicl with the advice and consent of the Legislative Assembljof Saskatchewan, enacts as follows: SHOirr TITLE. Short title 1. This Act may be cite, c. 62, s. 1. 1 NTEUPUKTATION. Interpretation 2. In this Act, unlcss the context otherwise requires, the expression : ••Registrar" ■[ '' Jlegistrar' ' means the Registrar of Agricultural Co- operative Associations for Saskatchew;m ; " Association" 2. '' Associatiou' ' means an association incorporated under this Art. im:;. ('. r,2. s. 2. REGISTRAR. Appointmrnt ;{. I'l,,. Lioutonant Governor in Council may appoint a (if rogistrar . . . , , . • . • j r(!gistrar of agricultural co-operative associations and may fix his remuneration. lOlJi, c. 62, s. .'3; 1015, c. 37, s. 1. ixooin'(»i;.\ iiox. Procedure for 4. — (1 ) Aii\ livc or morc pcrsons who desire to associate incorporation ■ ' , . , ..... themselves together as an incorporated association tor the imrpose of ])roducing, purchasing or selling live stock, farm products oi' su]){dies on tlie co-oix'rative jdan may in the [)i-eseuce of a witness sign in duplicate and cause to l)e tiled in the office of the registrar a inemoi-andum of association in writino' (form A) to which shall be attached an affidavit verifvino- the signatures. (2) No association shall be registei-ed under a name identical with that by which any otlier existing association has been registered, or so nearly resembling the same as to ])(■ likelv to deceive, and tlie word "Limited" shall be the last word in the name of any association registered under this Act. (3) The registrar shall indorse upon eacli duplicate memorandum of association a certificate of the original having been filed with liiin with the date of filing (form B) ; and every such indorsement shall be prima facie evidence of ' the facts state<1 tliereiu and of the incorporation of the association. AGRICULTURAL CO-OPERATIVE ASSOCIATIONS Cap. 119 2013 (4) The roi^'istrar sliall cause a notice of siicli incorpora- tion to be pnbJislicd for one month, at tlie e\[)ense of the association, in The fSaskaichewan Gazette, and shall at the ' time of filing receive the charges provided for snch pnblica- tion in form (\ 19l;|, c. 62, s. 4. TOWi:irs Ol-^ ASSOOTATIOX. •5 (1) The said snbscribers and snch other persons as may i„coii>,.iation thereafter become sharehold(n-s in the said association shall therenpon become and be a body cor])orate and politic nnder its registered name, with power to carry on the said bnsiness and to do an\ thing incidental to the attainment of the said objects, and to forward the interests of farmers and ranchers in every legitimate way, and to pnrchase, acquire, liold and ^lispose of real property in Saskatchewan required for the pnr])oses of tlie association, and to alienate the same at pleasure. (i^) The said association may contribute to the funds or luvestment ca])ital of any company, association or society incorporated '" '""'^^ by any special Act of the Legislature of Saskatchewan, hav- ing objects wholly or in part similar to the agricultural co-operative associations, and may sid^scribe for, ])urchase, hold, acquii'e or dispose vi(led, J,',"'^^*^^^ ])ay for all goods purchased upon delivery: Provided that any association may purchase upon credit from any other agricultural co-operative association or any coui]iany, association or society incorporated by any special :\ct of the Legislature of Saskatchewan having objects wholly or in part similar to the agricultural co-operati\'e associations. (5) Xo association shall sell its goods, wares or merchan- saies for (Use to its shareholders, patrons or customers exce])t for cash. '""' Xo credit shall be given. (6) The directors shall not have power to pledge the Power t<. credit of the association except as aforesaid or for the p^^j._ f'^'is'^ "^^'* chase price or rental of bnsiness premises, salaries and inci- 2014 Limitation OD sales Every association ft compHny Cap. 1 1 J) AGRICULTITRAL CO-OPEHATIVE ASSOCIATIONS (Ifiital expenses, or for moneys borrowed to pay for goods l)iirchased or expenses incurred in connection therewith or the shipment thereof. (7) The association, in so far as transactions in farm supplies are concerned, shall sell only to its shareholders and members of Tlu' Saskatchewan Grain Growers' Associa- tion. (8) Every association shall be deemed to be a company within the meaning of section 135 of The Companies Act. 1915, c. 37, s. 2; 1918-10, c. G8, s. 2. Bvlaws BYLAWS. (> (1) It slmll be the duty of the registrar to prepare and submit for approval by the Lieutenant Governor in Council standard bylaws not inconsistent with this Act which slinii :i|i|il\ t(» vwvy association incorporated hereunder. (2) Each association shall have power to pass such supple- ment ;il bylaws not inconsistent with the provisions of the standai'd bylaws as may be deemed ailvisable by the associa- tion. (3) Xo supplemental bylaws shall become operative until approvod by the registrar. lOl.'l, c. 62, s. 6. CAPITAL AM) SHARES. 7. — (!) The capital of' every association under this Act Capitalisation ^j^.^^j |^^. g^^^.j^ .|,, amouiit and divided into shares of such denomination as may be set forth in the moniornnrlnm of association. (2 I Such capital may be increased or decreased from time to time by bylaw of the association. 1913, c. 62, s. 7. shSiwers*^ '*^- At least seventy-five per cent, of the shareholders of every association shall be agriculturists. 1913, c. 62, s. 8. Shares, how purchased Interest Transfer «f shares 9. The shares may be payable by instalments at such times and in such manner as may be determined by bylaw. 1913, c. 62, s. 9. 10. No shareholder shall receive interest on any but the paifl-u]) portion of his shares. 1013, c. 62, s. 10. 11. Shar(>s may be assigiied or transferrc<1 of may be repurchased by the association : Provided that no such assisrnment, transfer or repurchase shall be valid unless and until approved and authorised by the directors; Provided, further, that no such assicrnment, transfer or repurchase shall be ajiproved or authorised by the directors AGRICULTURAL CO-OPERATIVE ASSOCIATIONS Cap. 119 2015 if it, would reduce the total niiiuber of shareholders below five or the number of agriculturists below seventy-five per cent. i;»i;;, c. 62, s. 11. 1^. Kvery shareholder shall be individually liable to the Liability oi creditors of the association for debts and liabilities of the'* ^^'^ ° association to an amount equal to the amount unpaid on the shares held by him and until the whole amount of his shares has been paid up, but no shareholder shall be liable to an action in respect of such unpaid balance until an execution at the suit of the creditor against the association has been returned unsatisfied in whole or part. 1913, c. 62, s. 12. 13. Every association shall have a lien on the shares of the Men on individual shareholders for debts due from them to it, and^ ^'^'^^ may apply any sum credited to a shareholder in or toward payment of such a debt. 1913, c. 62, s. 13. 14. At association meetings a shareholder shall have one voting vote only, regardless of the number of shares held by him, and no shareholder may vote by proxy. 1913, c. 62, s. 14. ANNUAL RETURN. 15. Every association shall : (a) before the end of Februarv in every year send to the Annual • tj i- I'uoirrs. 1^^. I he (lii-('cturs shall a|)i)()rl ioii the protit^ nri^iiii: ti'diii ihc li|isiiir--s of the ;issiici;it ion ;is follows: id) li.v scttiiiii- aside not less than ten per cent, of the net ])i-otits for ;i reserve fnnd until an anionnt has accnnnilatctl in such fnnd ('(iiial to at least thirty )ier cciil. of the |)aid-ii|i caitilal stock: [hj \>\ jiaviiii: inlcrcsl on I lie |iai(l-n|i capilal stock al a rate not exceediuu eiulit |ici' cent. ]h'v annum; (C) the remainder of ilie |ii'olil> ma\ lie di\ided among" the shareholders (or amonn th(> sliareholders and pati'oiis if the sii|i|i|cin('iiial li\la\\~ of the associa- tion so |»rovide ) in |ii'o|ioii ion lo the volume of business wliich thev ha\c done with the association: Pro\i(le(|, however, that, when the sui)|)|(Mnental bylaws of' the association ^o si)ecify. the divideml due to any patron who is not a shareholder may be retained by the association and credit(Ml to the account of such patron on account of capital stock until an amount lias accumulated ei|nal to the par value of one share: when such sum has accumidated a stock ('(U'titicate for one 'share shall be issued to the patron and he >liall thei'cafter share in the di\idend> as do other shareholdei's. Itil.'!. c. 62. '» s. IS: I'.ilC. c. :]7. s. .".:.: 1!I18-I!». .-. 68. s. 4. oi',i.i(,A'n<).\s <)i' oKi'K i:i;s a.\i> su a i;i-. no i.dkks. UK l office. gi\-e such security as is d(>emed sufficient by the directors which security nuiy be \aried in amount or renewed from time to tiiue. 101.'^. c. 62. s. 1!i. Bylaws binding '■JO. The hylaws of every association shall hind the associa- tion and the shareholders thereof to the same extent as if each shareholder had subscribed his name and affixed his seal thereto and theic were in such bylaws a covenant on the part, of himself, his heirs, executors and administrators to conform to such bylaws subject to the pro\-i^ions of this Act. 1013, c. 62. p. 20. Debt of shareholder 31. All moneys payable by a shareholder to an associati AciuicuLTruAL co-utkua ri\ i-: associations (b) a statutorv declaration shall he iiuitlc l)y the proi- r is not received to the second letter within one month from the date • thereof a notice will be published in The Saskat- chewan Gazette with a view to striking the name of the association off the register ; (&) if the registrar receives an answer from the associa- tion to the effect that it is not carrying on business or in operation, or does not within one month after sending the second letter receive an answer thereto, the registrar may publish in the said gazette and send to the association a notice that at the expira- tion I if one month from the date of that notice the name of the association mentioned therein will. unless cause is shown to the contrary, be struck off the register and the association dissolved : (c) at the expiration of the time mentioned in the notice the registrar may, unless cau.se to the contrary is previously shown by such association, strike the nauH' of such association off the register, and in such case he shall pid)lish the notice thereof in The Sasl-atrheiran Gazette: and on the publication in The Snshatrheiran Gazette of such last mentioned notice the asso(dation, who.se name is so struck off, shall be dissolved. 1913, c. 62, s. 25; 1915, c. 37, s. 3. Settienienu 3G. In casc of a dissolutiou of an association under this ii^soiution Act the associatiou shall nevertheless be considered as sub- sisting and be in all respects subject to the provisions of this AGRICULTURAL CO-OPERATIVE ASSOCIATIONS Cap. 11© 20l9 Act, so long and so far as any matter relating to the same remains unsettled, to the intent that the association may do all things necessary to the winding up of the concerns thei'eof ; and may sue and be sued under the provisions of this Act in rosjioct to all such unsettled matters. 1913, c. 62. s. 26. GENERAL. 27. All fees which may be received by the registrar under Application •( fees or by virtue of this Act shall be paid by him into and form part of the consolidated fund. 1913, c. 62, s. 27. 38. The registrar shall upon written request supply a copy Regiatrar of the standard bylaws and shall prepare such supplemental upon request bylaws as may be required for the regulation, government and management of any proposed association under this Act, provided such request is accompanied by an outline of the object and business of the said proposed association. 1913, c. 62, s. 28. SCHEDULE. FORM A. {Section Jf (1) ) FoK]\[ OF Memorandum of Association. We (insert the name, occupation and address of each sub- scriber) desire to form an association under the provisions of The Agricultural Co-operative Associations Act. The cor- porate name of the association is to be (insert name of asso- ciation), Limited, and the objects for which the association is to be formed are (insert objects for which the association is to be formed) upon the co-operative plan. The capital stock of the association is to consist of (insert number) shares of (insert par value of shares) each. The names of the directors who shall manage the affairs of the association, until their successors are appointed under the bylaws of the association to be formed, are (insert names) and the head office of the association is to be situated in (insert name of place), in the Province of Saskatchewan. Dated at in the Province of Saskatchewan this dav of 19 . Witness >" if/natures. 2020 Cap. Ill) AiJHKi LiruAL co-upi:uative associations FORM B. (Section Jf (S)) A\VI.KJ>(i.MKNT OF KeGISTRV. The Co-operative Association, Limited, having filed a diilv executed Memorandum of Association, is regis- tered under The AgriciillnniJ ('o-operative Afisocinlion.'i Acl. this day of 10 . {Jicyislrar of A(jrirullural Co-operative Societies for Saskatchewan.) FORM r. {Section 4 (-i) ) Tabt.k of Fkks lo i;k Paid to iiii-: lii;(;is tk-ai; indisR This Act. Filino' a))plication for registration $1.00 I'^ilins: supplemental bylaws at time of incor])oration 1.00 l^'^iling supplemental bylaws aft(M' incorporation for each bylaw '25 Filing amendments to 8U])i)lcmental bylaws t'or each amendment 25 Advertising notice of incorporation in The Saska'- chewan Gazelie for one niontli 2.50 CHAPTER 120. An Act to promote Certain Agricultural Interests. H IS ^lajosty, l)_v am! with the advice and consent ot" the I.eiiislativeAssemblvof Saskatchewan, enacts as follows: 1. This Act mav he cited as VV/r A(/n'cii]liira] Ait/.s ,1 (7. ^i'"'' t-'^'e Ji)13, c. 57, s. 1. ' 3. The Tieutenant Governor in Council mav authorise tlie A'.thomation -,-,.., rii • 1 • ' of Ion n I rovmcial Ireasurer to raise by way ot loan upon the credit of the province such sum or sums of mone.y not to exceed in the whole one million dollars for all or any of the followinji purposes as are approved by the Leaislature. namely: (a) for the purpose of earryinii' out the jjrovisions of The Lire SfocJi Pureliase and Sale Art by the Department of Agriculture : (h) for tlie purpose of aiding- the dairy industry of the province undei- the pi-ovisions of The Dairy Pro- ducts Act or An Art io iiicorporafe the Sas/rat- chewan Co-operative Creameries. Limited; ic) tor the ])urpose of aiding in the securing of farm and domestic labour; id) for the purpose of reimbursing the consolidated fund of the province for moneys expended under legislative appropriations similar to those enumer- ated ; (e) for such other purposes of assistance to agricultural enterprises as are authorised from time to time by the Lieutenant Governor in Cotmcil. 1913, c. 57, s. 2: 1015, c. 35, s. 1; 1917, c. 34. s. 37. 3. The aforesaid sum of money or any portion thereof ^enu may be borrowed from time to time as approved by the Legislature in the annual estimates for any term or terms not exceeding ten years at such rate as shall be determined by the Lieutenant Governor in Council and shall be raised upon the credit of the consolidated fund of Saskatchewan and shall be chargeable thereupon. 1913. c. 57, s. 3. 4. Every loan made under the Act shall be secured by such seourity bonds, debentures, inscribed stock or other securities and in such form as may be approved by the Lieutenant Governor in Council and every such security shall be free from all ]u-ovincial taxes, succession duty charges and impositions whatsoever. 1913, c. 57, s. 4. 2U22 Cup. 120 AGRICULTUUAL AIDS Method of raitiing Record* Annual report •>. The sums of money hereby authorised to be raised by way of loan shall be raised as provided by The Sasl-atchewan Loans Act and the sums raised under the authority of this Act shall form part of the consolidated fund of Saskatchewah. 1913, c. 57, s. 5. 6. It shall be the duty of the Provincial Treasurer to keep a proper and complete record of all moneys borrowed under the provisions of this Act, which record shall also include a detailed statement as to the purpose for which such moneys were expended and all collections made from time to time on account thereof, as well as all moneys remainino; unpaid. 1913, c. 57, s. 6. 7. The Provincial Treasurer shall make and submit to the Lieutenant Governor in Council an annual report to be laid before the Legislative Assembly with the public accounts, which report shall include a statement respecting every loan as aforesaid and the uses for which such loan is expended. 1913, c. 57, s. 7. • • H CHAPTER 121. An Act respecting the Inspection of Stock. IS ^lajesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act mav be cited as The Stoch Inspection Ac/, short title E.S.S. 1909, c. 114, s. 1. INTERPRETATION. 3. In this Act, unless the context otherwise requires, the interpretation, expression : 1. "Brand" means a letter, sign, character or numeral "Brand" recorded as allotted to an owner and the permanent impres- sion of a letter, sign, character or numeral placed upon stock under the provisions of The Brand Act; 2. "Minister" means the Minister of Agriculture; 'Minister" 3. "Department" means the Department of Agriculture ; "Departmem- 4. "Inspector" includes deputy inspector ; "inspector" 5. "Stock" includes a horse, mare, gelding, colt or filly, "stock" ass or mule and a bull, cow, ox, heifer, steer or calf. E.S.S. 1909, c. 114, s. 2. INSPECTORS AND DEPUTY INSPECTORS. 3. The minister may from time to time appoint such inspectors persons as he thinks fit to be inspectors of stock. R.S.S. 1909, c. 114, s. 3. 4. An inspector of stock mav bv writing under his hand Peputy ' \ '-, . (• 1 inspectors appoint one or more persons to be deputy inspectors of stock, and the production of a writing purporting to be the appoint- ment of a deputy inspector shall be prima facie evidence of such aiipointment. R.S.S. 1909, c. 114, s. 4. 5. Inspectors and deputy inspectors shall for the purposes Powers of of this Act have the powers of constables. R.S.S. 1909,*^°°^*^^*^ c. 114, s. 5. INSPECTION BEFORE SHIPMENT. 6. No person shall place any stock in a railway car unless inspection, such stock has first been inspected bv an inspector of stock and i^neh inspector has issued a certificate (form A). R.S.S. 1909. c. 114, s. 6. 2024 Cap. 12 1 stock inspection .rwn"e^"!ip ^' — ' ^ ' •^** •^'^^'^* c-crtifieato shall Ix^ issued by an inspector unless the shipper of such stock produces to him a memoran- dum of sale from the person wlio. from the brand or brands (ui sucii stock. apj)ears to be the owner thereof or unless such person or his aiient xcrbally consents to the granting of the certificate by ilic inspcctoi'. {'2) The pro\ isidus of this scclinii slml! ikii :ippl\ to a ^bipiici- of c:itllc br;iiiilc(l with ilic rccui-dcd bi-and of such shipper i»ut such sliippcr sluill before i-eceiviuii' the said certi- ticate (b'liver lo the inspector a memoraiidiiiii sif^ned \>y liim "V bis Mii'eill ^elliiii;' toi'tli tllc iillC. S(^X ;iiid bl'.'lTlds of e;ich :i iiiiuab ( .') ) 111 tlie i^^.^<(' of unbranded cattle the shipper shall deliver lo llie inspectoi' ;i nieiiioraii(bmi seltin^i forth the a animals al'oiit to be shipped and retnrn it lo llie person who produced ii to jiim. K.S.S. I!i0!i. ,-. 1 14. s. !i. inspection fee \{)^ 'II,,. i ,,.| „ .,.| , ,r sliall be clllillc(l to ;i tec of tiv.e Cents i\>\- e\-ery animal inspected by him under this Act and the said fee shall be pai, c. 1 14. s. 11. xhibit the hide ot such annual at the time and place the lu'cf is offered for sale; and before such l)eef is offered for sale the hide shall be punched and a record of the brands (if anv) tliereon made by an inspector of stock. R.S.S. 1909, c. 114, s. 13. 14. Ev{>rv person other than a butcher who slauahters any slaughter ', » , • 1 Ti 1 J.1 1 • 1 (J for home head of cattle for home consumption shall keep the liide ot oonsumptioi> such cattle so slaughtered intact for a period of thirty days subject to the inspection of the public: Provided that such hide may at any tim(> before the expiration of the said period be sold to any person required by this Act to keep a record of hides purchased by him. liS.S. 1909, c. 114, s. 14. 15. Everv dealer shall keep a record of all hides of cattle Hide dealers'- purchased by him, which record shall state: (a) the date of each purchase; (h) the name and place of residence of the ])ei-s(tn from whom purchased ; (c) all brands and marks on such hides, specifying distinctly whether the brands are vented or not ; which record shall at all times be open for inspection l)y any person. E.S.S. 1909, c. 114, s. 1.5. 16. ISs'o person other than the owner of such animal or his ^^^'^y*^^' °^ agent shall remove the hide from the carcass of any cattle fmmd dead. R.S.S. 1909, c. 114, s. 16. 17. The inspector shall be entitled to a fee of five cents in^«pe<'tion for every hide inspected by him under this Act and the said fee shall be paid to the inspector at the time of inspection. R.S.S. 1909, c. 114, s. 17. inspector's return. 18. Every inspector shall, on or before the fifteenth day inspector .». of January in each year, make a return to the minister "^ setting forth the fees and emoluments received imder this 202«) Cap. 121 teTocK inspection Act for the year next preceding and shall at all times furnisk to the minister on demand therefor nnv information he requires. R.S.S. lOOO. c. 1 U. s. 1 8. PENALTIES. Penalties 19. Anv person contravening any of the provisions of this Act shall be guiltv of an offence and on summary conviction thereof shall be liable to a ponnlty not exceeding $100. R.S.S. 190U, c. 114, s. 19. Suspension 30. The Lieutenant Governor in Council may at any time sections bj proclamation to be published in The Saskatchewan Gazette suspend the operation of all or any of sections 6, 11, 12, 13, 14, 15, 16 and 17 as to the whole or any part of Saskatchewan until otherwise directed by proclamation of the Lieutenant Governor in Council. R.S.S. 1909, c. 114, s. 20 (redrawn). SCHEDULE. FORM A. {Section 6) The Stock Inspection Act. . - i« I have this day inspected for at head of stock described as follows: (Here state age, sex and brands of each animal. ) Inspector of Stock. H CHAPTER 122. An Act to protect Horse Breeders. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Horse Breeders -4c/. short title 1917 (sess. 2), c. 37, s. 1. INTEKPRETATION. S. In this Act. unless the context otherwise requires, the interpretation expression : 1. "Approved stallion district" means the approved stal- "Approved lion district so declared under the authority of this Act ; district" 2. "Board" means the Saskatchewan Stallion Board; "Board- 3. "Commissioner" means the Live Stock Commissioner ; "Com- missioner" 4. "Department" means the Department of Agriculture ; ..Department" 5. "Examination" means a municipal or other stallion "Examination'^' examination held under the provisions of this Act; 6. "Examiner" means a duly appointed stallion examiner ; "Examiner" 7. "Grade" means a stallion other than a pure bred; "Grade" 8. "Minister" means the Minister of Agriculture ; "Minister" 9. "Municipality" means a rural municipality or local "Municipality- improvement district ; 10. "Owner" includes a part owner or the person acting on "Owner" behalf of the owner ; 11. "Pure bred" means a stallion that is registered in a "Pure bred" stud book which is recognised by the department ; 12. "Stallion" includes jack. 1917 (sess. 2), c. 37, s. 2.% 'staiuon" ENROLMENT OF STALLIONS. 3. — (1) Every person, firm, syndicate, association or Enrolment company, standing or travelling any stallion for breeding" purposes in Saskatchewan, shall annually cause the name, description and breeding of such stallion to be enrolled in the department and shall procure a certificate of such enrol- ment as hereinafter provided. (2) Every stallion brought into Saskatchewan, if over thirty months old, shall, before being offered for sale for breeding purposes, be enrolled in the department. 2028 Cap. 12 2 HORSE BREEDERS (3 ) Ui)oii a sale being made of any stallion enrolled under this section the certificate of enrolment may be transferred to the purchaser b_\ the minister upon proof to his satisfaction of such transfer of ownership. ( 4 ) A duplicate certificate of the enrolment of a stallion under this section may be obtained by the owner upon furnishing proof satisfactory to th(^ minister that the original certificate of enrolment has been lost or destroyed. I It IT (sess. 2). c. 37, Ceriififiite •of enrolment •Stallions not enrol leri Death reported Copies of certificnt<- poste. The owner of a stallion which is not enrolled shall not have route bills or breeding cards printed or posted nor shall he advertise the services of such stallion or charge or receive service fe(>s. 1017 (sess. 2), c. 37. s. .">. t>. The death of any stallion enrolled under this Act shall prom])tly be reported by the owner to the department and the certificate of enrolment of such stallion shall be returned to the department with such re]>ort. 11M7 (sess. 2), c. 37, s. G. ADVERTISING. '7. The owner of a stallion shall post up and keep affixed during the whole of the season copies of the enrolment certi- ficate of such stallion in a conspicuous place either within or upon tlie outside of the main door leading into every stable or building where the said stallion stands regidarly for service. 1017 (sess. 2), c. 37, s. 7. Advertising BOHtter 8. 'i'lu; following requirements shall be observed and com- plied with by every person issuing any bill, poster or adver- tisement for the ptirpose of offering the service of any stallion for breeding purposes: 1. The true description of the stallion as a pure bred, or grade, shall be printed immediately above or below the name of such stallion in letters at least one inch in height and of bold type; HORSE BREEDERS (aj). 122 2029^ 2. No illustration, pcdigTee, description or other matter that is nntrnthfnl or misleading slmll lie used in any such bill, poster or iidvertisement ; 3. Every such bill, poster or advertisement issued shall contain a true copy of the certificate of enrolment for the current year of the; stallion referred to therein and any such copy shall occupy at least one-quarter of such bill, poster or advertisement ; 4. Two copies of every such bill, poster or advertisement shall be mailed to the Department of Agriculture, Regina, by the person or firm employed to print or publish the same. 1917 (sess. 2), c. 37, s. 8. 9. The production of any bill, poster or other ])rinted or owner's written matter advertising any stallion for public service "'"^^" shall be prima facie evidence that such bill, poster or other advertising matter was used to advertise the stallion named and described therein by or with the consent of the owner of said stallion. 1917 (sess. 2), c. 37, s. 9. STxVT.LTOX BOARD. 10 (1) The members of the faculty of the College ' of ^''-istimtion Agriculture in charge of the Department of Animal Hus- , bandry and Veterinary Science respectively, the Deputy Minister of Agi-iculture, the Live Stock Commissioner, the president for the then current year of the Saskatchewan Horse Breeders' Association and one member of such associa- tion who shall be elected at its annual meeting and whose term of office shall be for one year only, unless re-elected, shall constitute the Saskatchewan vStallion Board. (2) The board shall elect a chairman and a secretary j^ieetings from among its number and shall meet from time to time as is deemed necessary by its chairman and any three of its members shall constitute a quorum. (3^) Members of the board shall be entitled to payment Expenses of their hotel and travelling expenses while attending meet- ings of the board. 1017 (sess. 2), c. 37, s. 10. 11. The duties of the board shall be: Duties (a) to recommend suitable persons to the minister for appointment as stallion examiners; {b) to prepare instructions for the use of and to arrange for the training of examiners; (c) to issue certificates upon the recommendation of an examiner ; and id) to make such recommendations to the minister respecting the administration of this Act as it deems advis'able. 1917 (sess. 2), c. 37, s. 11. 2030 Cap. 122 HORSE BREEDERS STALLION KXAAIINEKS AND EXAMINATIONS. Kxaniiners appointed Duiiea of examiners 13. Upon recommendation of the board the minister shall appoint stallion examiners and every such appointment and the resignation of every such appointee shall be published in the issue of The Saskatchewan Gazette then next follow- ing. 1017 (sess. 2), c. 37, s. 12. 13 (1) It shall be the duty of stallion examiners to make a thorough examination of the stallions submitted for enrolment under this Act and to report their findings to the stallion board; and in particular, every examiner shall report with respect to any such stallion any grave defect of conformation or any unsoundness or other condition or cause which in the judgment of the examiners renders it unfit for breeding purposes. (2j Any unsoundness of the following kinds shall dis- qualify a stallion or jack for public service in Saskatchewan, namely: periodic ophthalmia (moon-blindness), bone- spavin, ring-bone, curb (when accompanied by curby forma- tion of the hock) or any contagious or infectious disease. (3) Every stallion shall be subject to re-examination at the end of every three year period from the date of the first •examination of such stallion, but any stallion of the age of eight years or over when last examined shall not be required to be again examined. (4) Stallions examined for license under the provisions of this Act may be granted a certificate of enrolment of such grade as the stallion board may determine without further examination. 1917 (sess. 2), c. 37, s. 13. Examinations 14. The placc or pUiccs at which and the dates or date on which the examination of stallions shall be held shall be determined by the commissioner. 1917 (sess. 2), c. 37, s. 14. Notification of owner 15. The commissioner shall notify each and every owner of a stallion to be examined, so far as such owners are known to the department, of the date or dates on which such exami- nation or examinations will be conducted, and require the presence, properly attended, of every such stallion at one of such examinations; such notification shall be in a pre- scribed form and shall be mailed from the department under registered cover at least twelve days before the date or the first of the dates upon which such examination or examina- tions are to be hold. 1917 fsess. 2), c. 37, s. 15. Stallion presented 16. Tt shall be the duty of any owner notified as provided in section 15 to present such stallion, properly attended, at one of such examinations. 1917 (sess. 2), c. 37, s. 16. HORSE BREEDERS Cap. 122 2031 APPROVED STALLION DISTRICT. 17'. The council or a majority of the resident ratepayers Petition of any municipality may petition the minister to incorporate within the approved stallion district all of the area comprised within the outer boundaries of such municipality. 1917 (sess. 2), c. 37, s. 17. 18. Upon receipt of any such petition the minister may Constitutio* by order made public in The Saskatchewan Gazette declare all of the area comprised within the outer boundaries of any such municipality so having petitioned to constitute or to be incorporated within the approved stallion district on and after the first day of January then next following. 1917 (sess. 2), c. 37, s. 18. 19. Within such areas as are declared to constitute the Prohibition approved stallion district, it shall be unlawful for any per- not enroiiwi son, firm, syndicate, association or company, to stand or travel for breeding purposes any grade stallion whatsoever or any pure bred stallion that has not been granted a current certificate of enrolment. 1917 (sess. 2), c. 37, s. 19. REGISTRATION OF LIEN FOR SERVICE. 30. — (1) The owner of any pure bred stallion holding a Filing lien current certificate of enrolment for such stallion under this Act, or his agent, may file in the office of the registration clerk of the registration district for mortgages and other transfers of personal property in which tlie owner or person in charge of any mare upon which such stallion performs service resides, within twelve months after such service is performed a statutory declaration setting forth: (a) the fact of such service and the date thereof; (&) a reasonable description of such mare; (c) the name and residence of the owner of such mare; (d) the amount of service fee ; and (e) that the same is unpaid. (2) For filing such statutory declaration the registration cierk's fe« olerk shall be entitled to a fee of twenty-five cents. 1917 (sess. 2), c. 37, s, 20. 31. The owner of such stallion shall, upon filing such Lien on fo* statutory declaration and complying with the provisions of this Act, have a lien for the amount of said service fee and cost as hereinafter provided upon the colt or filly the off- spring of any such stallion by reason of the service in respect of which such statutory declaration is filed, which lien shall take and have priority over any and all "writs of 2032 Cap. 122 llOKSE BREEDERS execution, chattel mortgages, bills of sale, claims and incum- brances whatsoever upon or affecting such colt or fillv. 1917 (sess. 2), e. 37, s. 21. Hale of foal lor non- payment of fee Proceeds applied EXFORCEiSFEXT OF T.TEX. ^*'*. It' |i;i\ iiiciit of the service fee is not made before the rirst (lav of October in ilie \c;ii- in which the colt or tillv is born the owner of the said stallion bv himself or by his aucut dulv authorised bv him in writinu' mav at anv time bet'oj-e the Hrst (hiy of Mav then next following take posses- sion of the colt or tilly upon which he has such lien as afore- said wherever the same may Ix' found, and shall forthwith proceed to sell tlie sam(> by public auction after giving the person in whose possession the said colt oi- fdly was when trd<(Mi ten (lays' notice in writing of such intention to sell, which notice may be cflectually given to such person by delivering the same to him personally or by ])osting it upon the door of such person's last known place of residence in, Saskatchewan. 1!)17 (sess. 2). c. ?.7, s. 22. 2ii. '{'he ]iroceeds of sale shall Ik- applied first in payment of the reasonable expenses, not in any case to exceed $10 in all, of the taking of possession, giving of notice and conduct of sale, and next in payment of the service fee, and the l)alance shall l)e ])aid forthwith by the owner of the stallion to the person from whose possession such colt or filly was taken. 1017 (sess. 2), c. 37, s. 23. Examiner's reinuneratioii Penalties Fees GEXEKAF,. *w4. 'Idle remuneration of examiners shall be such as is prescribed by the Lieutenant Governor in Council. 1017 (sess. 2), c. 37, s. 24. 25. A \ iolation of any of the provisions of this Act sliall be an offence for which the offender shall be liable on sum- mary conviction to a penalty not exceeding $100 and not less 'than $10. 1017 (sess. 2), c. 37, s. 26.' ''<>. 'Idle fees to Ite ]>aitl to the (le]):ii'tMient nndei- this Act shall be as follows : For ccftiticate of enrolment $.").00' For duplicate certificate of enrolment 1.00 For transfer of certificate 1.00 For annual renewal of certificate 1.00 For examination of stallion 5.00 1917 (sess. 2\ c 37. s. 27. H CHAPTER 123. An Act respecting Brands. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Brand Ad. 1912-13, Short title <3. 38, s. 1. INTERPRETATION. 2. — (1) In this Act. unless the context otherwise requires, interpretation the expression: 1. ''Brand" means any letter, sign or numeral or com- "Brand" bination of the same recorded as allotted ; 2. "Cattle" means any bull, cow, ox, heifer, steer or calf ; "Cattie" 3.' "Character" means any sign, letter or numeral; "Character" 4. "Department" means the Department of Agi-iculture ; "Department" 5. "Horse" means any horse, mare, gelding, colt or filly, "Horse" ass or mule ; 6. "Minister" means the Minister of AgTiculture; "Minister" 7. "Owner" means the owner jointly or in severalty of "Owner" -any brand or vent allotted under this Act and includes the duly recorded transferee thereof and the authorised agent of such owner or transferee; 8. "Recorded" means duly entered in the record to be "Recorded" kept in pursuance of this Act ; 9. "Stock" means any horse or head of cattle; "Stock" 10. "Vent" means: "Vent" (a) any vent brand allotted as having been recorded prior to March 1, 1898; (h) a second marking in a horizontal or lazy position immediately below the brand mark upon any stock of a character forming part or the whole of such brand : any such vent denoting the fact of the proprietary rights in any stock bearing the same having passed from the owner to some other person. (2) The council of every rural municipality shall at the expense of the municipality provide each of its poundkeepers and its secretary treasurer with a copy of the latest published list of brands recorded under this Act. 1912-13, c. 38, s. 2 ; 1917 (sess. 2). c. 38, s. 2. 2034 Cap. 123 BRANDS AUotment Form Brands Allotment. 3. — (1) Subject to the provisions of subsection (2) brands of any form or combination of characters may, subject to the approval of the minister, be allotted for any part of the bodv of anv stock. (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 does not conflict with any brand already allotted, 1912-13, c. 38, s. 3. CaneellatioD and renewal Dwner's ezelusive use Duration. 4. — (1) All brands allotted under the provisions of this Act and all brands and vents allotted under the provisions of any other Act, and save as hereinafter provided all rights of the owner thereto, therein or thereunder, shall be cancelled and determined as and upon the several times hereinafter mentioned, that is to say: Those allotted subsequently to December 31, VJ12. upon the thirty-first day of December in the fourth year next followine: the vear durine: which such brand was allotted : Provided that all brands issued between March 31, 1016, and January 1, 1917, shall be cancelled and determim^d on December 31, 1922, and all brands issued during 1917 shall be cancelled and determined on December 31, 1923 : Provided that upon application during 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 renewfMl for a furtlior ]tori<)(l of four years from the end of such year ; Provided further that the owner of any brand so cancelled mav upon application in writing not later than three months next after the date of such cancellation ])ropuro tlio rfitllot- ment to liim of sn<-li bi-aml. (2) Save as herein provided no brand shall after any can- cellation thereof be again allotted to any person until after the expiration of five years after the date of its cancellation. 1912-13. o. 3«. P. 4;' 1917 (sess. 2), c. 38, ss. 3 and 4. Ownership. 5. Until the cancellation of the same the owner of any brand allotted under this Act or under any other Act 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 BRANDS , Cap. 123 2035 be prima facie evidence of the ownership by the owner of such brand of the animal bearing the same but no such pre- sumption 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. 1912-13, c. 38, s. 5. Record. 6. The Lieutenant Governor in Council may appoint a Recorder of recorder of brands who shall be subject to the direction of "^ the minister 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 and of their duration, renewal, reallotment, can- cellation and transfer together with the dates thereof and the names of tlie owner or transferee thereof. 1912-13, c. 38, s. 6. Searches and extracts 7. Any person shall be entitled to search or have the record searched and to obtain certified extracts therefrom during the regular business hours of the department upon payment of the fee prescribed in the tariff of fees in the schedule. 1912-13, c. 38, s. 7. 8. Any person requiring the allotment to him of a brand ^^'aHo^tmTnt or the reallotment or the renewal thereof shall make applica- tion therefor to the recorder which application shall be accompanied by the proper fee therefor as prescribed in the said tariff and upon being satisfied that such application is in conformity with the provisions of this Act the recorder shall grant such application and enter such allotment, renewal or reallotment 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 alloted to an Indian living upon a reserve. 1912-13, c. 38, s. 8. 9. Upon the recording of the allotment, renewal or reallot- Certificate of rGCord ment of any brand as aforesaid the person in whose name the same is last recorded shall become the owner thereof and of all rights thereto and therein and the recorder shall deliver or transmit to such a person a certificate of the allotment, renewal or reallotment thereof and of the recorded entry of the same, and a certificate signed or purporting to be signed by the recorder under the provisions of this section shall be prima facie evidence of the ownership of such brand. 1912- 13, c. 38, s. 9. 10. The minister may at such time and in such manner Brand as to him seems advisable cause to be published from time '^^'""'^ to time a complete list of the brands recorded under this Act and may make a reasonable charge for the volume containing the same. 1912-13, c. 38, s 10. Vol. II - 29. 2036 Cap. 12;i liKANDS Change in brand Notice of eipiration Conflicting brands Recording ransfers Change in Record. 11. Thu recorder iiiav iij^ou the application of any owner accompanied by the fee prescribed in the said tariff make changes in any brand or form or position thereof not incon- sistent with the provisions of this Act. 1912-13, c. 38, s. 11. Notice of Expiration. 13. It shall be the duty of the recorder in each year to notify the owners of all brands w'hich would expire and become cancelled at the expiration of such year of the date upon which the same will become cancelled unless previously renewed and such notice shall be given by registered letter postage prepaid and addressed to such owners respectively at their respective post offices as entered in the said record. 1912-13, c. 38, s. 12. Cancellations hy the Minister. 13. If any two or more owners of stock have the same or conflicting brands recorded the minister may if he deem? it advisable authorise 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 therpof without charge. 1912-13. c.\38, s. 13. Transfer. 14. — (1) 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 affix his signature thereto as such commissioner as a witness, a memorandum (form A) 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 allotment 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 ovmer 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 were held by the transferor hereunder. (2) In case of death or absence of the owner a declara- tion (form B) made by the transferee may, subject to the approval of the minister, be accepted in lieu of the memo- randum (form A) : Provided that such transfer shall not be recorded until ^irty days after notice thereof has been published in one issue of The Sn-'^l-atchewan Gazette and in two successive weekly issues of a newspaper to be named by the minister. 1912-^13, c. 38, s. 14. BRANDS Cap. 123 2037 15. Upon every transfer for value of any stock marked Transferred with the recorded brand of the transferor the transferor 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 transferor gives to the transferee when so taking possession of such stock a statement (form C) and thereafter such statement shall for the space of thirty days next after the date thereof be prima fade evidence of the transfer of such stock according to the purport thereof. 1912-13, c. 38, s. 15. BRAND COMMISSIONERS. 1^ — (1) The Lieutenant Governor in Council may Appointment appoint a board of brand commissioners to consist of three persons each 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 Saskatchewan. (2) The said board shall meet at such times and places Meeting as the recorder of brands arranges and appoints and shall advise him of all matters which he brings 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 e^enfe""^ 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 Record of board 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 meeting as correct and' shall form a part of the records of the department. 1912-13. c. 38, s. 16. OFFENCES AND PENALTIES. 17. Any person who : Ofleiue^ and " ^ penalties (a) brands or directs, aids or assists any person to brand any stock with a brand, vent or mark which has not been recorded under the provisions of this Act or which has been cancelled thereunder; (h) 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 mark upon stock or 2038 Cap 123 brands directs, causes or permits any such brand, vent or mark to be blotched, defaced or otherwise rendered illegible or altered; shall be guiltv of an offence and. in addition to any other jienalty to which he mav bo subject by law, shall, on sum- mary conviction thereof, be liable to a penalty not exceeding the sum of $200. 1912-13. c. 38, s. 17. SCHEDULE. TAKIFF OF FEKS. (Section 7) On :»i)plic:itiun for alloinicnl or renewal or reallotment of a brand $2.00 On application for change in the record of a brand . . . 1.00 On every transfer of a recorded brand 1.00 For every search of the brand record 50 For every certified extract from the brand record 50 Description of Brand. FORM A. (Section U (^) ) MKArORANDUM OF TRANSFEIi t)F BkaNU. To the "Recorder of Brands, Regina, Saskatchewan: I, (or We) being the I'ocordcd owner of the lirand mentioned in the margin hereof, having trans- ferrer! the same to of S. T. R. west of the meridian, Snsk., do hereby request that you will make the necessary transfer to of such brand in vonr record and inclose herewith the SlUII of ;'s the authorised fee therefor iiiuln- Tlie Brand Act. Dated at this day of 10 . Position Cattle or horses. Oumer. Witness : F. 0. Address. A Commissioner for Oaths for Saskatchewan. BRANDS Cap. 123 2039 FORM B. {Section U (2) ) In the Matter of an Application for the Transfer OF A Brand. I, , of , residing on S. T. R. west of the' meridian, Sas- katehewan, do solemnly declare: 1. That I am the purchaser of the brand !N'o. for 19 recorded in the name of for the (position on animal) ot (horses or cattle) ; 2. That the said brand was actually sold to me by the said on or about the day of 19 5 and that I am entitled to a transfer of the same ; 3. That written transfer of the said brand was given 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 believ- ing 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 Saskatche- wan this day of 19 . A Commissioner for Oaths. Signature of Transferee. P. 0. Address. FORM C. (Section 15) To all whom the same may in any wise concern : Take notice that I have .this day sold to (name of pur- chaser) of , the following described stock : branded with my recorded brand No. Description : Bated at this day of 19 . Signature. Post Office Address. CHAPTER 124. S^hort title H An Act respecting the Restraining of Animals Running at large. TS ]\Iajesty, by and with the advice and consent of the Leo-islative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Stray Animals Act. 1919-20, c. 47, s. 1. INTERPRETATION. Interpretation 2. In this Act, unless the context otherwise requires, the expression : "Animal" 1. "Animal," "animals" or "head of stock" means any head of cattle, horses, sheep, goats or swine; "Council" 2. "Council" means the council of a rural municipality; "Department" 3. "Department" means the Department of Agriculture; •Distrainor" 4. "Distrainor" means a person seizing- or distraining an estray or an animal unlawfully running at large; "Estray" r>. "Estray" means an animal Avhich while lawfully run- ning at large has strayed from its accustomed forage gi'ound or has joined a band, herd or flock other than that of its owner from which it cannot be driven away, or an animal which has broken into premises inclosed by a lawful fence; 6. "Finder" means a person who finds that he has an estray on his premises or in his band, herd or flock, or who seizes or confines any stallion or bull under this Act; 7. "Horse" includes ass or mule; 8. "Justice" means a justice of the peace; 9. "Minister" means the Minister of Agriculture; 10. "Municipality" means a rural municipality established under the provisions of The Rural Municipality Act; "Owner" H. "Owncr" meaus a person owning an animal or the representative of such person;^ "Poundkeeper- 12. "Pounflkceper" means the person for the time being in the authorised charge of a pound ; "Property" 13. "Property" means any cultivated land or any crop or stack of grain or hay; "Proprietor" 14. "Proprietor" means the owner of any cultivated land or crop or stack of grain or hay. or the person having a permit or license to cut hay, or a superintendent, overseer, tenant, servant, or other person acting for or on behalf of such owner or person ; "Finder" "Howe" "Justice" "Minister" "Municipality" STRAY ANIMALS Cap. 124 2041 15. "Run at larae" or "runnina; at larce" means not beiua: "Hunning at under control of the owner either by being securely tethered or in direct and continuous charge of a herder or confined within a building or other inclosure or a fence whether the same is lawful or not; 16. "Secretary" means the secretary or the secretary treas- "Secretary" urer of a municipality ; 17. "Treasurer" means the treasurer or the secretary "Treasurer" treasurer of a municipality. 1919-20, c. 47, s. 2. ANIMALS RUNNING AT LARGE. 3. Subiect to the provisions of this Act it shall be lawful Animals to allow animals to run at large m Saskatchewan, except mat large eities, towns and villages. 1919-20, c. 47, s. 3. PART I. Affecting Rural Municipalities. 4. — (1) The council of a municipality may determine Grazing on by bylaw the maximum number of each kind of animal which "ands"^*^ an owner may graze in the municipality on unfenced lands not owned or leased by him. (2) The council of a municipality may, subject to the Restraining provisions of this Act, define by bylaw the portion of such ru™fng municipality and determine the period of the year in which ^* ^^""^^ animals shall be restrained from running at large. (3) Such bylaw may be in the following form: Bylaw iN"©. A bylaw of The Rural Municipality of No. respecting the restraining of animals from running at large. Under the authority and subject to the provisions of The Stray Animals Act the council of The Rural Municipality of No. enacts as follows: 1. Expressions used in this byla^Y shall have the same meaning and interpretation as given to them by section 2 of The Stray Animals Act. 2. The following animals shall not be permitted to run at large within the areas herein described during the periods named respectively : (a) horses and cattle other than stallions over one year old, bulls over eight months old (here specify the area and period of prohibition, if any) ; (fe) sheop (hern .'specify the area and period of prohi- bition, if any) ; 2042 Lap. 1U4 stray animals (c) swine (liere specify the area and period of prohibi- tion, if any). 3. No animal owned by a nonresident unless he owns land in the municipality or resides adjacent thereto in an adjoin- ing municipality in which animals are not restrained from running at large, shall be permitted to graze on unfenced lands whether in charge of a herder or not, and any such animal found so grazing shall be deemed to be unlawfully running at large. 4. A proprietor may distrain an animal unlawfully run- ning at large or capture an estray animal and may dispose of the same as provided in The Stray Animals Act. Read a first time this day of 19 Read a second time this day of 19 Read a third time and finally passed at this day of 19 . ^ Reeve. [skal] Secretary treasurer. (4) No such bylaw shall take efl"'ect until the fifteenth day after the passing thereof. (5) A certified copy of each such bylaw shall be forwarded by the secretary treasurer to the department within fifteen days after the ])assing thereof. 1919-20, c. 47, s. 4. S^efirtors'" ^ — ^'^^ "^^^ council of a municipality shall, on petition of not less than forty resident ratepayers, submit to a refer- endum of the electors the bvlaw mentioned in the form of petition under subsection (2) and the decision of the electors shall be binding upon the council. (2) The petition shall be in the following form: To the Rural Municipality of No. The undersigned resident ratepayers of the Rural Muni- cipality of No. , being desirous that the bylaw of this municipality respecting the restraining of animals running at large, as i)rovided by section 4 of The Stray Animals Act, be expressed in the terms of the accom- panying draft, do hereby request that you will submit to a referendum of the electors a bylaw in such terms, as provided in section T) of The Stray Animals Act. (3) The proceedings shall be conducted in the same manner mutatis mutandis as is provided in The Rural Municipality Act for taking a \>o\\ of the electors for and against a bylaw authorising the issue of debentures, but the bylaw shall require the assent of a majority only of the electors voting thereon. STRAY ANIMALS Cap. 124 2043 (4) In case the draft bylaw submitted by the petitioners defines part of the municipality only as being- affected by the provisions the vote as provided in subsection (3) shall be taken only in that portion of the municipality intended by the petitioners to be affected. 1919-20, c. 47, s. 5. 6 — (1) The council of a municipality in which animals Power of are restrained from running at large shall have power by 1^^/"^'"' bylaw to extend or shorten such time by any period, not p*^''" '' exceeding six weeks, during the months of September, Octo- ber, November and December according to the progress that is being made with threshing operations, the condition of pastures, or for other like consideration. (2) No such bylaw shall take effect until the fifteenth day after the passing thereof, and the secretary shall forthwith cause notice of such change to be posted in each post office in the municipality and also inserted once in a weekly news- paper, if any, published in the municipality. 1919-20, c. 47, s. 6. ' "^^ An animal shall not be allowed to run at large in any Bylaw m municipality during the time such animal is by law restrained ^e'lfdln^e from running at large in the municipality in which the owner ^" ^''"^''"' thereof resides ; but if the owner is a ratepayer in an adjoin- ing municipality and resides on land adjacent thereto, animals owned by him may, subject to any bylaw passed by the council of a municipality under authority of subsection (1) of section 4, run at large in such municipality during any period in which animals owned therein are permitted to run at large therein. 1919-20, c. 47, s. 7. 8. Animals owned in a municipality in which they are Animau may allowed by law to run at large may run at large in an [„" dfoS adjoining municipality in which animals are permitted to municipality run at large, but subject to any bylaw passed by the council of such adjoining municipality under the authority of sub- section (1) of section 4. 1919-20, c. 47, s. 8. 9. — (1) Every council shall by resolution determine the situation of situation of such pounds, and appoint such poundkeepers, as appofntm°eni may be necessary to provide reasonable facilities, in all parts kL^p°e"s'^" of the municipality, for the impounding of estrays and animals unlawfully running at large. (2) Every poundkee]ier so apjioinfed shall hold office during the pleasure of the council. (3) The secretary shall cause to be published early in each year in such local newspapers as largely circulate among the ratepayers a list of the pounds, giving the situation of each, and poundkeepers, for the then current year, and shall in like manner publish throughout the year any alterations or additions which may bo made in respect thereto. 2044 Cap. 124 stkay animals (^4) A council shall not appoint as poundkeeper any person who is not in a position To (1i-p]innio tho (lnfio« imposed upon ponndkcepers by section I'l. (5j A pound to serve a municipality may be situated in a village or town lying within the outer boundaries of such municipality. ]919-2"0, c. 47, s. 9. iu-.spon:.i|.iiity jo^ Everv municipality shall be responsible for the acts lit munici- u J • i _ ^ paiity for ^^^ nealiffcnce of its pounokeepers, or thoir agents, m the performance of their duties, and shall be liable tor all loss and damaae residtiui: therefrom. 1919-20, c. 47, s. 10. PART TT. Affecting Unorganised Areas. CKi:A'riXG HERD DISTRICTS. d'-'t'ri'o"^ *""'' ■"-•'- C-^) '1'^^ minister may, by order ])ublished in The Sashdchewan Gazette, declare that any area described in such order, not within the limits of a city, town, village or rural municipality shall constitute the herd district, and thereafter by order, published in like manner, may enlarge the herd district by adding thereto any township or townships- adjoining it, or adjoining the limits of any municipality in yvliich stock is restrained from running at large, or may, by ortler published as afoi-esaid, cancel the order or orders con- stituting such district or any part thereof. (2) Before the additiou or wilhdrawal of any township, the minister shall cause notice of intention to that effect to- be published in The SashLtchewan Gazette, nnd posted in at least one post office in each township affected, or if there is- no post office in such township then in the post office nearest thereto, at least thirty days ju-ior to the date at which such change is to take effect. (?>) Such notice sli:ill lie addressed to the postmaster at such post office inclosed in a registered cover, and the require- ments of this Act respecting the posting of notices shall be- held to be completed at the expiration of twenty-four hour? after the first mail carrying such notice is scheduled to reach the post office to wliicli the notice is directed. (4) At !inv lime within thirty days after such notice is posted objection may be made to the minister by any proprie- tor within such propo.sed district to its addition to or its withdrawal from the herd district. (f>) Tn the event of the majoritv of su<-h proprietors .so- objecting the said addition or withdrawal shall not be made, otherwis^e the proposal uniy be carried through as herein- before provided. STRAY ANIMALS Cap. 124 2045 (6) All objections shall be made and the facts and objec- tors' signatures verified by accompanying statutory declara- tion, in the following form: proprietors' declaration of objection. To the Honourable the Minister of Agriculture, Regina, Saskatchewan : We, the undersigned, proprietors within the meaning of The Stray Animals Act, in (here describe the area proposed to he withdrawn from, or constituted as a portion of, the herd district), hereby record our objection to the addition of the said area to (or, withdrawal of the said area from, as the case may he) the herd district. Name Land Owned or Occupied Quarter Section Township Range West meridian I, A. B., of (post office address) do solemnly declare: 1. That the total number of persons in the area described in the foregoing statement of objection, being proprietors within the meaning of The Stray Animals Act, is (here insert the total numher of persons in the proposed herd district ivho are proprietors within the meaning of The Stray Animals Act) ; 2. That I was personally present and did see each of the (numher of persons signing the statement) persons whose names are subscribed thereto sign the said statement; 3. That each of said (numher of persons signing the state- ment) persons is a proprietor within the meaning of The Stray Animals Act, of land within the area described; 4. That each person signing the said statement before so doing was cognisant of the contents thereof; And I make this solemn declaration conscientiously believ- ing 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. (Signature of person making declaration.) Declared before me at this day of 19 . !. J (Signature of person administering declaration.) 1919-20, c. 47, s. 11. 2040 Cap. 124 STRAY ANIMALS Extension of herdiug reriod I'ouiidkeeper.-! iiPI>ointed Kflect of publication of notice l'^. — (1) in the event of thresliiug heiny,' luidulv tlela^'cd the minister upon being a})plied to nuiy, by order published in The Saskatchewan Gazelle and in such newspapers as he determines, declare a period during which animals may not be allowed to run at large in any part of the herd district described in such order. (2) Any such order shall have the effect of establishing, in the area so described, the period during which a proprietor may distrain any animal under the provisions of clause {h) of section 15. 1919-20, c. 47, s. 12. 13. — (1) The minister may appoint such poundkeepers in the district as he deems necessary, and notice of every such appointment shall be published in The Sashitchpn-an Gazelle and in such newspapers as he determines and shall specify the name and post office address of each poundkeepcr and the situation of each pound. (2) -Ml loundkcepcrs so appointed shall continue in office during the pleasure of the minister. 1919-20, c. 47, s. 13. 14. The publication in TJie Saskatchewan Gazelle of a notice of the appointment, or removal of a poundkeepcr, or the establishment or abolition of a pound shall be evidence that such poundkeepcr or pound has been legally appointed, removed, established or abolished, as the case may be. 1919-20. c. 47, s. 14. Willi) auinials may be distrained PART III. The Distraining and Impounding of Animals. lo. A proprietor may distrain any animal that is: (a) running at large in any municipality contrary to the provisions of this Act or of any bylaw of such municipality passed under the provisions of this Act ; or (&) running at large in a herd district between the fifteenth day of May and the thirty-first day of October, both inclusive, in any year ; or, (c) an estray. 1919-20, c. 47, s. 15. Teiuporary impounding IC— (1) Tlio distrainor of an animal may, if he knows who is the owner, temporarily impound in a convenient and suitable place, for not more than three days, any animal distrained under tlu- provisions of section 15. r2 ) Such distrainor shall within twenty-four hours after ail ii!i|MMiii(liiii! ddixcr to the owner a statement in writing siniilai- to that provided for in section 17, and shall feed :iiid inaintnin ^ufb iinimal. :iii PAKT IV. Pounds and Poundkeepers. DUTIES OF POUNDKEEPERS. 0. — (1) Every poundkeeper, whether appointed by the Pound bock minister or by a council, shall keep a pound book in the form prescribed by the minister. All entries therein shall be made as soon as possible after the doing of the several things required to be entered therein, and no entry or altera- tion in or amendment to an entry shall be made after any dispute as to the subject matter of such entry has arisen. 2048 Cap. 124 STRAY ANIMALS (2) The said pound book and a copy of this Act, which the poiindkeepcr is hereby required to keep, shall at all reasonable times be open to the inspection of any justice or member of the Saskatchewan Prov'^incial Police, free of charge, and of any other person upon payment of the sum of ten cents. (3) Every such poundkeeper shall grant extracts from his pound book to any person requiring the same, upon pay- ment of twenty-five cents for each extract not exceeding one hundred words, and the sum of ten cents for every subse- quent number of words not exceeding one hundred. (4) Every poundkeeper shall on his removal from office or on the acceptance of his resignation deliver such pound book to the person who is appointed to receive it. 1919-20, c. 47, s. 20. c«re ..1 pounds v>l._(i) Evcrv puundkcepcr shall at his own cost 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 may send such animals out of his pound at fit times, and to fit places, for grazing or watering. (2) In no case shall a barbed wire corral be deemed to be a suitable pound, unless such corral contains an area of at least twenty acres. (.3) Any coi'i'iil or inclosure, other than a building, used as a pound sliall bo surrounded by a lawful fence as defined in section 50. 1919-20, c. 47, s.'21. Return.s Charges payable to ponnflkoi'iiiT PoumlkpopfT dptnins all ftninial.s inipountloil 32. Every poundkeeper shall make to the minister such return relating to the impounding of animals in his pound as mav from time to time he required bv him. 1919-20, c. 47, s. 22. I'AV.MK.N 1 OF CllAUGES ON I-\irOUNDED ANIMALS. 'i'i. All eliarges payable in respect of an impounded luiimal shall be pa\ahle in the first instance to the pound- keeper, who shall hold same subject to the provisions of this Act for tbc person ..ntifled thereto. 1919-20, c. 47. s. 2^. 24. — (1) Every jioundkecper shall receive and detain in his custody any animal lodged in his pound until the dani- ag<'s for which such animal was impounded and all lawful fees and charges are paid, or until he receives notice of the decision of the justice after hearing a complaint, as provided for in section 8.^). ^2) At any time prior to the sale of an impounded animal file ownci- tbi'icnf shall be entitled to obtain such animal STRAY ANIMALS Cap. 124 2049 upon payment of the damages for which it was impounded and all lawful fees and charges due to the poundkeeper at the date when payment is tendered to the poundkeeper. 1919-20, c. 47, s. 24. "io. Jjcfore delivering an animal to a person claiming Declaration T • 1 11 • X' 1 • i i "f owner ownership, the poundkeeper may require irom nim a statu- bofore torv declaration of ownership in the following form: cicincr> I {full name, address and occupation) do solemnly declare that I am the owner of {description of animal) 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 nie at 1 this day of 19 . I .1 Commissioner, etc. (or as the case may he). 1919-20, c. 47, s. 2.5. .NOTICE OF IMPOUNDING. ti6. — ( 1 ) If the owner of an impounded animal is Notice known to the poundkeeper, the latter shall forthwith deliver poundkeeper or cause to be delivered to or at the place of residence of such owner a notice in the following form : To {name of owner or, if the owner is not known. The King's Printer). Notice is hereby given under section 26 of The Stray Animals Act that the following described animal was on this dav impounded in the pound kept by the undersigTied on 14 Sec. Tp. Rge. W. meridian Post office. Desctuption. Oa.s? of nnim.'il and ajre Sex and rolour Brief general dose-ip- t ion . Marks and brands, if anv Probi.ble wiiglit, etc. Sir/nnJnre of Poundkeeper. 2050 Cap. 124- STRAY ANIMALS aud such poundkeepcr shall be entitled to receive such mile- age rates for so doing as are provided therefor in sec- tion 39. (2) If the place of residence of the owner or his servant is situated more than ten miles from the pound or is not readily accessible for any reason the notice may be sent by post by registered mail to the address of tho owner. 1019- 20, c. 47, s. 26. Notice wliere owner unknown '>/T Notices posted at pound ^4. — (1) In case such owner is not known or shall not within ten days after the posting or three days after the delivery of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees, mileage rates and claim for O.amagcs, the poundkeeper shall forward to the King's Printer for insertion in The Sashif- chewan Gazette a notice in the form prescribed in subsection (1) of section 26, along with a fee of $2 for each animal impounded : Provided that the fees payable to the King's Printer in connection with each impoundment shall not exceed $5. (2) A poundkeeper appointed by a municipality shall also under like circumstances transmit a copy of such notice to the secretary treasurer of the municipality who shall post the same up in his office. 1919-20, c. 47, s. 27. 28. Every poundkeeper shall in addition post a copy of every such notice in a conspicuous place at his pound, and at the nearest post office, and shall keep and maintain snoh notices during the whole of the time such animal is in his custody. 1910-20, e. 47, s. 28. W hen :knimal may be sold Wlien animal may not be sold SALE OF IMPOUNDED ANIMALS. 29 (1) Any animal not released from the pound within twenty days after notice has been inserted in The Saskatchewan Gazette, as in section 27 mentioned, shall be sold by public auction after notice of sale has been posted for eiirht days in three conspicuous places within the herd district or rural municipality, as the case may be, one of which plncp': slmll lie the post office nearest the pound. (^) 'JMic pouiKlkceper shall be the auctioneer at such sale which shall be held at the pound, and shall commence at the hour of two o'clock in the afternoon. (3) It shall not be lawful for a poundkeeper or his agent to purchase or have any interest in the purchase of any animal at such salr. 1010-20. <•. 47. s. 29. 30. — (1) If more animals than one are impounded on any distress the poundkeeper, if aware of the owner, shall cell such of said nriimals oulv ns are necessary to realise STRAY ANIMALS Cap. 124 2051 sufficient to satisfy the claims for damages, expenses and fees chargeable against the same and the owner shall be entitled to those remaining unsold. (2) If the owner is unknown the poundkeeper shall sell all the animals impounded. (3) The poundkeeper shall immediately after such sale send to the department, or to the treasurer of the munici- pality, as the case may be, a description of the animal or animals sold, the date of sale, a statement of the amount realised and the disposition thereof. (4) If the proceeds from the sale or attempted sale of impounded stock are less than the costs of sale the fees authorised by this Act and the damages claimed by the impounder, the difference may be collected by distress from the owner of the stock, if known, upon the order of the treasurer or the minister, as the case may be. (5) If no bidders are present within two hours from the time advertised for the holding of a poundkeeper's sale any impounded animal advertised to be sold at such sale shall become the property of the municipality upon the order of a justice to w^hom application may be made by the treasurer. (6) The justice before issuing such order shall ascertain that the sale was regular] v held and that the animals were correctly described and advertised in accordance with the provisions of this Act and for so doing he shall be entitled to payment of a fee of $2.50 by the municipality. 1910-20, c. 4Y, s. 30. 31. A poundkeeper making a sale under the provisions Poundkeeper of this Act, shall not be liable to prosecution or to any I'jce^ed^as^ penalty, for selling without a license as an auctioneer, auctioneer 1919-20, c. 47, s. 31. PROCEEDS OF SALE. 32. The proceeds of the sale of an impounded animal Disposal of DFOCPGCiS OI sold under the provisions of this Act, shall be applied in pay- sale ment: (a) of any costs and charges attending such sale; (&) of all sustenance fees; (c) of the amount due to the distrainor for capturing and distraining and for the damage done; « '■^ ^ 1 1 . 1 1 r • 1 expenses a justice may upon the complaint under oath of either party, summon the party complained against to appear before him , at a reasonable time stated in the summons. (2) At the time statecl the justice shall Inquire into the matter, whether the person complained against appears or not, and shall determine the amount of the expenses or damages, if any, payable, and the time of payment, and such determination shall be final and conclusive between the parties. (3) The justice shall be entitled to a fee of $3 for deter- mining such expenses, and damages, if any, which fee shall 1)(5 paid by the party against whose contention the justice determines. (4) In default of payment of the expenses, damages, if ;iny, and the justice's fee, within the time ordered by him, the justice shall for at least eight days prior to the sale of such animal cause notice of the sale to be posted in the nearest post office, and in at least two other con- spicuous places in the locality. (5) On the date fixed by him the justice shall cause such animal to be sold by public auction by a person authorised by him in writing, and out of the proceeds of sale shall pay the expenses of sale, advertising, his own fees, and the finder's or captor's lawful charges, and hand over the balance to the owner. 1919-20, c. 4Y,"s. 44. 45. — (1) The finder of an estray not claimed within when animal twenty days after the publication of the notice provided f or "'^^^ ''® ^"''^ in section 42 shall forthwith make application for sale, veri- fied under oath, to a justice who may proceed to sell the jmimal in the manner provided by section 44. The follow- inu' form of application shall be used: To A. B., a justice of the peace in and for Saskatchewan: The applicant declares that on the day of 19 (miming the date of capture) he found (describe animal found) on his premises (or in his band, herd or flock, as the case may he) ; That such animal is a stallion or bull unlawfully running at large, or that he is unable to drive such animal (if other fJvan a stallion or hidl) away from his premises or band, (herd or flock, as the case may he) ; That he has given the notices required by section 42 of Part V of The Stray Animals Act; 2058 Cap. 124 stray animals That the notice was published in The Saskatchewan Gazette dated (date of issue of gazette containing notice ) ; That twenty days have elapsed since the publication of the notice without payment to the applicant of the moneys he is entitled to for release of the animal under the pro- visions of the said Act. The applicant therefore prays that the said animal may be sold at a time not earlier than the eighth day after the date of this notice. Signature of finder. I, {name of finder) the applicant above named, make oath and say that the facts set forth in the above application are true in substance and in fact. Signature of finder. Sworn before me at this day of 19 . "^ J . A. B., J. P. (2) Before proceeding with the sale the justice shall examine the animal and the brands thereon, if anv, and the gazette notice provided for by section 42, and if satisfied that such notice contains an accurate and sufficient descrip- tion of the animal shall proceed to sell the same. (3) If not so satisfied the justice shall direct the finder to insert in The Sashatchewan Gazette a notice containing an accurate and sufficient description of the animal as required by section 42, and the finder shall not be entitled to compensation for anything done prior to the mailing to the gazette of the last mentioned notice. (4) On the date fixed by him the justice shall cause such animal to be sold by public auction by a person authorised by him in writing, and out of the proceeds of sale shall pay the expenses of sale, advertising, his own fees, and the finder's or captor's lawful charges, and hand over the balance to the minister, if the finder resides in an unorganised area, or to the treasurer, if the finder resides in a municipality. (5) The justice shall immediately after the sale send to the minister or to the treasurer, as the case may be, a return in the following form : STRAY ANIMALS Cap. 124 2059 Retukn of Animal sold under Part V of The Stray Animals Act. Information Required. Details Furnished By Justice rilftSS5 of anirnfll f^anornl /^pcnrinf ion «nH hmnds Tif anv^ Date of capture Dntp n{ cqTipttps fiontajniiifif notices Date of sale Number of days' keep Total amount realised $ Commission on sale $ .Tnstipp's fpps inoludinc mileaffe % $ Keep Niimhpr nf milps to sale $ Mileage of finder or captor at ten cents per mile $ Advertising $ Pnstncp and pxchance $ Amount if anv naid as damaces $ Amount sent to minister or secretary treasurer $ Date J. P. .Post Office . 2060 Cap. 124- STRAY ANIMALS Payment oi proceeds Fiader attends sale with animal (6 J The finder of an animal shall on request by the minister furnish him with such information as he requires in regard to such animal and the disposal of the same. 1910-20, c. 47, s. 45. 46. — (1) All moneys paid to the minister or the treasurer under section 45 shall be paid over to the owner of the animal sold provided he shall furnish satisfactory evidence of ownership along with the application. (2) If not claimed within twelve months next following the date of the sale such moneys shall fall into and form part of the consolidated fund of the province, or the funds of the municipalitv, as the case may be. 1919-20. c. 47, s. 46. 47. At the time and place appointed for the sale of an cstray, the finder shall attend with such animal, and shall deliver to the justice, or person authorised to conduct the sale, a statement of the fees and expenses incurred in con- nection with, and the amount of the damages done by, such animal. 1919-20, c. 47, s. 47. Authorised fees FEES. 48. — (1) The following and no others shall be the fees payable under Part V of this Act for the capture of an estray, such fees to be calculated from the date of mailing notice to the owner or to The Saskatchewan Gazette as pro- vided for in sections 41 and 42 : To the Finder. For capturing any stallion over one year old, or any bull over eight months old, $10; For advertising in a newspaper, the amount actually expended, not exceeding $1 ; For mileage to and from the place of sale, ten cents per mile for each mile necessarilv travelled, but not exceed- ing $3 ; For postage, the amount actually and necessarily expended. To the Justice. For preparing and posting notices of sale, $1 ; For preparing application and administering oath, $1 ; For mileage to and from the place of sale, ten cents per mile for each mile necessarily travelled, but not exceed- ing $3 ; For postage and exchange or commission on transmission of proceeds of sale, the amount actually expended; STRAY ANIMALS Cap. 124 2061 Two and one-half per centum of the amount realised by the sale. (2) The minister may from time to time by order pub- lished in Tlie Saskatchewan Gazette prescribe the fees which may be collected by the finder of an estray to pay for its care and sustenance. 1919-20, c. 47, s. 48. OFFENCES AND PENALTIES. Penalty 49. — {l^ A person who: offence's (a) subject to the provisions of subsection (2) causes or allows any horse or head of cattle belonging to another party, without the consent of such party, to be driven with his band or herd more than two miles from its grazing place; or (fe) demands any sum for keep of any animal or any fee or charge not authorised by this Act ; or (c) neglects to provide sustenance and shelter as pro- vided for in subsection (4) of section 42 for an estray while such animal is to his knowledge upon his premises or in his band, herd or flock ; or {d) rescues, incites or attempts to rescue any animal without payment of the fees due for keep and other expenses incurred by the finder on account of such animal ; or (e) rides, drives or otherwise works or uses for his own pleasure or benefit a horse or ox captured or detained under any of the provisions of Part V; or (f) being the finder of an estray neglects to comply with the provisions of sections 42 and 43, or, in sending the notice to the King's Printer provided for in section 42, neglects to give the location on the animal of the brand or brands, if any, or neglects to furnish as accurate a description of the brand or brands, if any, as is possible ; or ig) being the finder purchases in person or by his agent or has any interest of any kind in any animals sold under the provisions of this Act; shall be guilty of an offence and liable on summary convic- tion thereof to a penalty not exceeding $100. (2) If the owner of an animal in taking it from pasture finds it necessary to drive other animals a gi-eater distance than two miles before he can separate his own animal from among them he shall not be liable to the penalties imposed by this section, if he at once drives back such animals to the place from which he drove them. 2002 Cap. 124 STRAY ANIMALS (3) The owner of an estray who neglects to remo\e the same from premises where it has been found within ton days after the date of mailing of the registered notice provided for in section 41 shall be liable npon summary conviction to a penalty not exceeding $1 per head for each day during which such neglect continues after the expiration of the said ten days. 1910-20, c. 47, s. 49. i.tiif, till PART VI. Lawful Fences and Trespass. 50. — (1) A substantial fence not less than three and one- half feet in height above the level of the gi'ound, or of any sand, straw or other material that has been placed or has drifted beside such fence shall be deemed a lawful fence if it consists: (a) posts not more than (c) of woven wire secured to thirty-three feet apart; or, of not less than four barbed wires on posts not more than thirty-three feet apart, the wires being fastened to droppers not more than seven feet six inches apart; or, of three or more barbed wires on posts not more than sixteen and a half feet apart, the wires to be not more than fourteen, thirty and forty-eight inches from the ground respectively; or, of rails, boards, or slabs not less than five in number, the lowest one not more than twelve inches from the gi'ound securely nailed, tied or otherwise fastened to posts not more than sixteen and a half feet apart, and of one barbed wire at or near the top. (2) A fence which does not comply with the requirements of this section shall not be deemed a lawful fence. 1919-20, c. 47. s. 50. (d) Fences around crops Fences around stftcks Onner to coiripensale proprietor 51. A fence surrounding crops growing or in process of being harvested shall not be deemed a lawful fence unless it is situated at least eight feet from such crop. 1919-20, c. 47, s. 51. 53. A fence surrounding stacks of hay or grain shall not be deemed a lawful fence unless it is situated at least twenty feet from such stacks. 1919-20, c. 47, s. 52. 53. — (1) The owner of an. animal which breaks into or enters upon land inclosed by a lawful fence, shall com- pensate the proprietor for any damage done by it. STRAY ANIMALS ( ap. 124 2063 (2) If such trespass occurs within access to a pound tiie proprietor shall proceed as set forth in sections ll'* to 19 whether such animal is lawfullv running at lariio or not. (3) If no pound is accessible from the placo where such trespass occurs the proprietor shall proceed as set forth in sections 40 to 49 whether such animal is an ostrav or not. 1919-20, c. 47, s. 53. 54. No action for damages to property caiiscil b\ an Ab.-er.ce ot animal while lawfully running at large shall be maintained. nor shall animals while lawfully running at large be liable to be distrained for causing damage to property, unless such property is surrounded by a lawful fence. 1919-20. c. 47, s. 54. PAKT VII. General. STALLIONS AND BULLS. 55 (1) No stallion over one year old and no bull over ^vih.,, .taii.oa -eight months old shall be allowed to run at large. '-^""ay (2) The owner of any such stallion or bull running at large shall on summary conviction be liable to a penalty not exceeding $25 for each offence notwithstanding any action which may have been taken by the owner or by any other person for the control, capture, impoundment or disposal of such animal. (3) Any such stallion or bull found running at large may Tae impounded by any person, or, if within territory to which the provisions of Part V apply at the time, shall be regarded as an estray and may be captured and disposed of accord- ingly. 1919-20, c. 47, s. 55. INFECTED HERDS. 56. — (1) No animal forming part of a herd in which any Biackies animal has died of, or is suffering from blackleg shall be permitted while the said disease is present in such herd or for thirty days after its apparent disappearance, to run at large, or with any public herd. (2) The owner of an animal which has died of blackleg or other infectious or contagious disease shall forthwith cause the carcass thereof to be burned or buri(^d under a covering of at least three feet of earth. (3) The skin shall not be taken off an animal which has died of blackleg or other infectious or contagious disease. 2064 Cap. 124 stray animals (4) Any person violating any of the provisions of this section shall be guilty of an offence and liable to a penalty of not less than $50 nor more than $200. 1919-20, c. 47, s. 56. i.un.pjaw gr^^ — ^-j^^ "jq-^ animal suffering from lumpjaw (actinomy- cosis) shall be permitted to run at large or with any public herd. (2) Any person violating the provisions of this section shall be guilty of an offence and liable to a penalty of not less than $10 nor more than $100. 1919-20, c. 47, s. 57. CHAPTER 125. An Act respecting the Purchase and Sale of Live Stock by the Department of Agriculture. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Live Stock Purchase am? si.ort title Sale Act. 1913, c. 56, s. 1. 3. In this Act, imless the context otherwise requires, the interpretation expression : 1. "Minister" means the Minister of Agi-iculture ; "Minister- 2. "Commissioner" means the Live Stock Commissioner ; "Commis- ■ sioner 3. "Department" means the Department of Agriculture ; "oepart- 4. "Live stock" means horses, cattle, sheep or swine. 1913, "i-ive stock" c. 56. s. 2. 3. For the purpose of aiding the development of the live Aggregate stock industry in the province sums aggregating five himdred expended thousand dollars to be raised on the credit of the consolidated fund of the province as provided by The Saskatcheiuan Loans Act shall be expended as hereinafter set forth in purchasing or raising suitable live stock to be sold to persons or organ- isntions desirous of purchasing the same. 1913, c. 56. s. 3. 4. The minister shall determine the sums, not exceeding Annual in the aggregate the amount voted by the Legislature from expended time to time for the purpose, that shall be expended annually under the provisions of this Act. 1913, c. 56, s. 4. 5. For the purpose of increasing and improving the live stock may be Stock of the province the commissioner may, subject to the and sold provisions of sections 3 and 4, from time to time purchase or raise live stock and sell the same to hona fide farmers aetuallv resident upon farms in the province. 1913, c. 56, s. 5. 6. Any such sale may be either for cash or partly for cash J^^^^ °^ and partly upon credit; but credit may be given under this Act only for a term not exceeding three years and to the extent of not more than seventy-five per centum of the \'alue of any animal : Provided that credit to the extent of 90 per centum of the value of the animals supplied may be given to any ex-soldier who served overseas as a member of the Canadian Expedi- tionarv Forces after Ausriist 4, 1914. 1913, c. 56, s. 6; 191'r."^c. 34, s. 36. •2066 Cap. 125 LIVE STOCK PURCHASE AND SALE Applicani- approved 1 ricnllv 7. Ko such sale shall be made until the applicant for live stock has been approved by his local organisation in writing as being a suitable person in every way to whom to intrust live stock on credit. 1913, c. 56, s. 8. Lieii ijii stock sold nn credit S. There shall be taken a security in connection with every sale made under this Act partly on credit and as collateral to any agreement setting forth the terms and conditions upon which live stock so purchased shall be paid for a lien on the said live stock and upon the progeny of female animals so purchased ; and the said lien shall be so drawn and worded that it shall remain valid until all of the live stock which it covers has been fully paid for. 1913. r. 56, s. 9. Forms approved minister I'y 9. The form and wording of all agreements, liens or other documents to be used in carrying out the provisions of this Act shall be approved by the minister before being used; and in every such agreement the right shall be reserved to- the minister to inspect the live stock described and referred to therein at his discretion and to resume possession of such live stock at any time if in the judgment of the commissioner or other qualified and duly appointed officer of the depart- ment such live stock is not receiving proper care, feed and attendance. 1913, c. 56, s. 10. Males pure bred 10. Every male animal sold partly upon credit under this Act shall be of pure breeding and be registered in the Canadian record of its breed. 1913, c. 56, s. 11. Females lirades 11. No registered pure bred female animal shall be sold partly upon credit under this Act unless such animal haa been purchased for a price not, in the judgment of the com- missioner, in excess of the value, at the time and place, of good grade animals of the same age and breed. 1913, c. 56. s. 12, Sales to agricultural societies Cattle tuberculii tested 13. Subject to the provisions of this Act the commissioner may sell one or more male animals to any agricultural society organised under The Agricultural Societies Act or to any live stock improvement or other association organised under The Agricultural Co-operative Associations Act, and not- withstanding any provisions of the last mentioned Act requiring purchases and sales to be made for cash only it shall be lawful for the commissioner to sell such animals to such an association partly but not wholly upon credit. 1913, c. 56, s. 13. 13. No cattle shall be bought under the provisions of this Act outside the provinces of l^fanitoba, Saskatchewan and LIVE STOCK PURCHASE AND SALE Cap. 125 2067 Alberta unless and until they have first been subjected to the tuberculin test and found to be free from tuberculosis. 1913, c. 56, s. 14. 14. Cattle sold partly upon credit under the provisions cattie sold on of this Act may be branded with the registered brand of the bonded Province of Saskatchewan and it shall not be lawful for any person to deface, alter or vent such brand until the animal bearing it has been fully paid for and he is authorised in writing by the commissioner to vent such brand on the animal specified ; any person found guilty of altering or defacing or venting any such brand without such authority shall be liable upon summary conviction to a fine of not less than $50 or more than $200 for each such oft'ence. 1913, c. 56, s. 15. 15. The Lieutenant Governor in Council shall have power Regulations to malce such further regulations and provisions, and shall ^^^ officials appoint and fix the remuneration of such officers and assist- ants as may be necessary, for carrying out the provisions and purposes of this Act ; and every such officer or assistant shall be an officer of the department and shall perform such duties as the minister directs. 1913, c. 56, s. 16. Vol. \\—m. CHAPTER 126. Short title Leases Sales Mortgages An Act respecting Aoreements for Payment to Vendors, Lessors and Otlicrs by Shares of Crops. IS ]\rajcsty, bv and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: H 1. This Act may be cited as The Crop Payments Act. 1915, c. 34, s. 1. 2. In all cases in which a hona fide lease has been made and a hona fide tenancy created between a landlord and tenant, providing for payment of the rent reserved or any part thereof, or for ]iaymcnt in lieu of rent, by the tenant delivering to the landlord a share of the crop grown or to be grown on the demised premises, or the proceeds of such share, then, notwithstanding anything contained in The Chattel Mortgage Act, or in any other statute, or in the common law, the lessor, his personal representatives and assigns shall, without registration, have a right to the said crops or the proceeds thereof to the extent of the share or interest reserved or agi-eed to be paid or delivered to him under the terms of such lease, in priority to the interest of the lessee in said crops or the proceeds thereof, and to the interest of any person claiming through or under the lessee, whether as execution creditor, purchaser, mortgagee or otherwise. 1915, c. 34, s. 2; 1916, c. 37, s. 43. 3. When land has been sold under an agreement of sale providing for payment of the purchase money or part thereof by the purchaser delivering to the vendor a share of the crops grown on the said land or paying to the vendor the proceeds of such share, then, notwithstanding anything contained in The Chattel Mortgage Act or in any other statute, or in the common law, the vendor, his personal representatives and assigns shall, without registration, have a right to the said crops or the proceeds thereof to the extent of the share or interest agreed to be delivered or paid over, in priority to the interest of the purchaser, his personal representatives or assiirns in such crops or the proceeds thereof, and to the interest of any other persons claiming through or under the purchaser, his personal representatives or assigns, whether as execution creditor, purchaser, mortgagee or otherwise. 1915, c. 34, s. 3. 4 (1) Where payments are to be made by the mort- gagor to a mortgagee of mortgage moneys or interest by the CROP PAYMENTS Cap. 1 2 C) .2069 mortgagor delivering to the mortgagee a share of the crops grown upon the mortgaged premises, the mortgagee shall have the same right to such share as is given to a vendor in respect of payments of purchase money by section 3, and he shall have the same protection against claims of execution creditors, mortgagees or other persons claiming bv, through or under the person who is to make the payments. (2) The provisions of subsection (1) shall apply io moneys payable under an incumbrance in the same manner as to moneys payable under mortgage, and the terms "mortgagor" and "mortgagee" therein contained shall l)e read as including "incumbrancer" and "incumbrancec" respectively. 1915, c. 34, s. 4; 1917, c. 34, s. 46. 5. N^othing herein contained shall impair or be held to Application have impaired the priority given by The Chattel Mortgage sls^tutes^ Act, to mortgages, bills of sale, liens, charges, incumbrances, conveyances, transfers or assignments, made, executed or created as a security for the purchase price and interest thereon of seed grain, or the priority given to charges in favour of His Majesty under An Act respecting Seed Grain, Fodder and other Relief, beino; chapter 33 of the statutes of lOir.. 1017 (Poss. 2). c. .57, s. 1. CHAPTER 127. An Act to provide for Loans to Agriculturists upon the Security of Farm Mortgages. H Short title "The Saskatchewan Farm Loan Board" Head office Powers of board IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Saskatchewan Farm Lvans Act. 1917, c. 25, s. 1. 2. There shall be a board to be called ''The Saskatchewan Farm Loan Board," consisting of one commissioner and two other members appointed as hereinafter provided ; such board shall be a body politic and corporate with perpetual succes- sion and a common seal. 1917, c. 25, s. 2. 3. The head office of the board shall be at the city of R€gina. 1917, c. 25, s. 3. 4. The board shall have power: (a) to lend money to agriculturists on the security of first mortgages on farm lands; (&) to invest disposable funds by depositing the same with any chartered bank, or in any other manner in which trustees are permitted by law to invest trust funds; (c) to acquire and hold real estate for the purposes of the board and to dispose thereof when no longer required for such purposes; (d) to borrow money for the purpose of carrying out the objects of the board, to hypothecate, pledge and mortgage its real and personal property, and to sign bills, notes, contracts and other evidences of debt or securities for moneys borrowed by the board for the purposes aforesaid ; (e) to <1<) all things necessary or incidental to the busi- ness of lending money on farm property. 1917, c. 25, s. 4. Administration 5. The affairs of the board shall be administered by its members who shall bo ap]iointed by the Lieutenant Governor in Council. 1917, c. 25, s. 5. Commi^:tic,i.(T'.s (J, -pho oommissionor shall hold office for ten years from term of office , ■, j, the date of his appointment unless sooner removed tor cause by the Lieutenant Governor in Council upon an address from the Legislative Assembly; but he may at any time be FARM LOANS Cap. 127 2071 suspended from office for cause assigned and another person temporarily appointed by the Lieutenant Governor in Council to act as commissioner until the Legislative Assembly at its next session has considered and taken action in the premises. 1917, c. 25, s. 6. T. The other members of the board shall hold office during Member's the pleasure of the Lieutenant Governor in Council. 1917, o7^ce c. 25, s. 7. 8. The commissioner shall be the managing member of ^j^'""°«'''"''°° the board and shall receive such remuneration as is deter- commissioner mined bv the Lieutenant Governor in Council. 1917, c. 25, t' 7 7 s. 8. 9. The other members shall receive no salary but shall be Allowance to entitled to a per diem allowance, together with such other ™^"^^^" allowance to cover travelling and subsistence when engaged upon the business of the board as may be provided by the Lieutenant Governor in Council. 1917, c. 25, s. 9. 10. All transfers, assignments, discharges, deeds, securi- Execution of ties or other instruments of whatever nature and kind shall be deemed to be duly executed by and on behalf of the board if its corporate seal is affixed thereto and attested by the commissioner or acting commissioner and countersigned by the secretary or acting secretary, and when so executed all such instruments shall be deemed to have been validly and effectually executed by and on behalf of the board. 1917, c. 25, s. 10; 1918-19, c. 76, s. 2. 11 — (1) It shall be the duty of the board and it shall O'jties^.^^.^ have power: of board (a,) to approve or "reject applications for loans; (ft) to make provision for keeping an accurate account of the business of the board ; (c) to employ and fix the remuneration of a secretary and such legal and clerical help, inspectors and other officers or employees as are required ; {d) subject to the provisions of The Land Titles Act, to settle the form of all mortgages or other evidences of security taken by the board : (p) to do all things which come within the corporate capacity of the board, and to make all regulations necessary for the proper transaction of business. (2) The commissioner shall perform such of the duties and exercise such of the powers of the board as are imposed upon or dologated to him from time to time by the board. 2072 Cap. 127 FARM LOANS LoaoE on first mortgage only Expenditure of loans (3) All acts done aiiJ all regulations made by the board under the provisions of clauses (h), (d) and (e) of sub- section (1) and subsection (2) shall be subject to the approval of the Lieutenant Governor in Council. 1917, c. 25, s. 11. 12. No loan shall be made by the board except upon the security of a first mortgage on farm land situated in the province : Provided, however, that the board may. in its discretion, lend upon the security of land the title to which is incum- bered by a lien, charge or incumbrance in the nature of a tax, levy or assessment, having priority to the mortgage in favour of the board and beinir, under any law of the province, a continuing charge for a period of years ; Provided also that the board may, in its discretion, blanket, an existing mortgage or incumbrance for the purpose or with the intention of paying off such existing mortgage or incumbrance. 1017, c. 25. s. 12; 1919-20, c. 71. s. 1. 13. Every loan shall be expended on or used for the pur- pose of reimbursing a borrower for moneys already expended on: (a) purposes which in the opinion of the board consti- tute permanent improvements to the property mortgaged as security ; or (h) purpo.ses which in the opinion of the board will . assist in tho productive development of such property ; or (c) the payment of liabilities, which in the opinion of the board have been incurred for any of the aforesaid purposes; or (d) in special cases with the approval of the board, and ui)on such conditions as it deems advisable, the aecpiisition of land for agricultural purposes. 1918-19, c. 76, s. 3. Amount of 14 (1) No loan shall be made for an amount greater ""'"'' than 50 per centum of the board's valuation of the property offered as security. (2) No loan shall be made to :i lucnibor of the Legislative Assembly, but in cas(; any person has obtained a loan from the board wbon not n niend:)er of the Assembly, such loan shall not disqualify him from being subsequently elected as a member thereof i)r from sittiug and voting therein. 1917, c. 25, s. 14; 1017 (sess. 2), c. 65, s. 2. Term of loans 15. \]\ \nnu^ shall be uiadc for a term of thirty years. 1917, c. 25, s. 15. FARM LOANS Cap. 12 7 2073 16. Every loan tiiadi' l)>' tlio board shall be repayable in u-payment T T . 1 ■«..,,. " ■, ■, 111 loans eqnal annual instalments ot principal and interest and there shall be indorsed upon every mortgage a table showing the number, the due rate and the amount of all payments of principal and interest to be made by the borrower under the terms of the mortgage, and a triplicate of the mortgage duly certified to by the proper registrar of land titles shall be furnished to the borrower by the board immediately after the registration thereof. 1917, c. 25, s. 16. IT. The rate of interest to be charged by the board on interest on its loans shall be such as is estimated to be sufficient to pay the interest on and the,, cost of raising the money to be advanced to the board by the Provincial Treasurer under the ]>rovisions of this Act, the expense of conducting the business of the board and other necessary incidental expenses. 1917, c. 25, s. 17. 18. A borrower may at anv time upon the due date of Procedure ", ^, ' . where amount any pavment of principal or interest on his loan make a repaid exceeds "^ ^ ■ '- '^ ^ instalmeDt payment equal to or larger than the payment then next next accruing accruing due ; when any sum so paid is more than, sufficient to meet the next accruing payment the excess shall be credited first upon the last deferred payment of principal, then so far as it will extend on the next latest deferred payment and so on while any part of the principal remains unpaid ; but such payment shall not relieve the borrower making it from meet- ing his immediately subsequent payments punctually as they fail due. 1917, c. 25, s. 18. " 19. All pa^'ments made under the provisions of section 18 Regulations shall be accepted by the board upon such terms and condi- repayment tions as are provided by regulations of the board for the purpose, all such regulations to be subject to the approval of the Lieutenant Governor in Council. 1917, c. 25, s. 19. 20. Tn the event of a mortgagor failing to apply the Remedies proceeds of any loan to the purposes agreed upon between defaulting himself and the board, or in the event of any mortgagor '""''^s^s'"' allowing his pro]">erty to depreciate in value to such an extent as may in the opinion of the board prejudice the board's security under the mortgage, the board may, in addition to any other remedy provided by law or in the mortgage, declare the whole or any portion of the unpaid balance of principal and interest on such mortgage imme- diately due and payable, and thereupon the board shall possess and may exercise all rights given to it as mortgagee of a raortii'age in arrears by law or by the terms of the mort- gage. 1917, c. 25, s. 20. 2074 Cap. 127 FARM LOANS Working •apital of board 31. The working capital of the board shall consist of such moneys as are advanced to the board from time to time by the Provincial Treasurer under the authority of the Lieu- tenant Governor in Council. 1017, c. 25, s. 21. Provision °' » -» working capital '^2. In Qi'dei' to Drovide the funds required for the purpose of advancing to the board the working capital referred to in section 21, the Lieutenant Governor in Council shall have pov\'er to authorise the Provincial Treasurer from time to time to raise by way of loan upon the credit of the province such sum or sums of money, not to exceed in the whole $10,000,000 and for that purpose to issue bonds, debentures, inscril)ed stock or such other securities of the province as the Lieutenant Governor in Council deems advisable. 1917, c. 25, s. 22; 1917 (sess. 2), c. 65, s. 3. SaikaUcheaan Loans Act to apply 23. The aforesaid sums of money shall be raised as pro- vided by The Saslcaichewan Loans Act, and may be bor- rowed for any term or terms not exceeding forty years and at such rate of interest as the Lieutenant Governor in Council determines; and the said sums shall be raised upon the credit of the consolidated fund of Saskatchewan and shall be chargeable thereon. 1917, c. 25, s. 23. Security for advances 34. All advances made to the board by the Provincial Treasurer shall be made upon such terms and conditions as are determined by the Lieutenant Governor in Council, and the board is hereby authorised to execute any bond, obliga- tion or other instrument of any nature whatsoever which the Lieutenant Governor in Council may deem requisite duly and sufficiently to secure the repayment by the board of the prineip:)] sum and interest of the said advances. 1917, c. 25, s. 24. 35. The total amount of advances made by the Provincial Treasurer for the purposes of this Act to the board shall not exceed the aggregate amount of the mortgages held by it, and, u])on the proceeds of the securities issued by the Pro- viiieial Treasurer being advanced to the board, mortgages to ,111 iiiiMiinil 111 least equal in value to the ;iiiioimt of the said advances shall be assigned or hyiiotliccntcd t<> llie Provincial Treasurer by the board as seeuritv for the said advance, and any instrument executed bv the liom-d n]iou the inakinii- of any such advance shall contain due provision tor such assignment or hypothecation, and provision shall be made therein for the substitution from time to lime of other mort- gages for such of those under assi2:nment or hy|)othecation as mav be discharged ; it beinc; the intention of this Act that nil advances made to the board out of the proceeds of s(>eurities shall at all times be protected or secured by the FARM LOANS Cap. 127 2078 total amount of mortgages lield by the board in addition to any other security which may be taken by the Provincial Treasurer from \ho board. 1!)17 (sess. 2), c. 65, s. 4. '>! '<>. I'cntlinii' the issue and disposal of anv securities pro- Power to vided for by this Act the Provincial Treasurer may f rom Sng time to time, subject to the approval of the Lieutenant ^iouritli."^ Governor in Council, borrow from the consolidated fund of the province or from any person, bank or corporation such suin or sums of money as are required for advances to the board to be used by the board as its working ca})ital until such securities have been disposed of and their proceeds advanced to the board. 1917, c. 25, s. 26. 37. The system of accounting, bookkeeping and recording System of adopted by the board shall be subject to the approval of the ^''°''°*'''^ Provincial Auditor and the accounts, books and records shall be audited at suitable intervals by the Provincial Auditor or by an auditor approved by him and the costs of such audit shall be borne by the board. 1917, c. 25, s. 27. year 38. The financial year of the board shall end on tlie thirty- Financial first day of December in each year and as soon as possible thereafter a financial statement setting forth the position of the board and the results of the previous year's business shall be prepared and audited and a copy shall be forwarded together with a report concerning the work of the board during the previous year to the Lieutenant Governor in Council, to be laid before the Legislative Assembly within fifteen days from the commencement of the session next following the end of the year for which such report is made. 1017. c.^25, s. 28. 39. All moneys received by the board or anv of its officers Board to on behalf of the board shall be deposited forthwith in such recdved"""'"' chartered bank or banks as the Lieutenant Governor in Council determines, and shall be paid out under regulations made by the board by cheques signed by such officers as the board appoints. 1917, c. 25, s. 29. 30. All sums of principal repaid to the board by borrowers Repaymenu shall be kept separate in its books from other moneys received °^p™»°*p** and shall be disposed of subject to the approval of the Lieu- tenant Governor in Council, but only to be used for the following purposes: (a) reloaned under the provisions of this Act; or (&) expended in the purchase of bonds issued under the provisions of this Act; or (c) used or deposited in such other manner as may be provided to meet the obligations of the board. 1917, c. 25, s. 30. ,2Q76 Cap. 127 faum loans ^("employees '^^ ' ^ ^^^ coiiimissionei" and each of the officers or employees of the board whose duty it is to receive or handle moneys on behalf of the board shall before entering upon the duties of their i-espective offices furnish a bond or covenant of some guarantee company to be approved by the Lieutenant Gover- nor in Council to secure the due accounting by them for all moneys that come into their hands which bond shall in each case be in such form and for such amount as shall be approved by the board and the board shall pay the premiums for such iruarantee bonds. 1017, e. 2r». s. 81. CHAPTER 128. An Act respecting the Sale of Farm Implements. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Farm Implement Ac^. Shorttiu« 1917 (sess. 2), c. 56, s. 1. 2. In this Act, unless the context otherwise requires, the interpreta- expression : *'"" 1. "Implement" means any and every implement or •■ implement- machine of the selling price of $50 or more used or intended for use upon any farm and includes all engines, threshing machines, ploughs, binders and mowers; 2. ''Large implements" means and includes traction and "Large portable engines of any kind having a capacity of at least five horse power for the production of power upon farms, grain separators, engine ploughs and engine discs, and any other implement that is declared by the Lieutenant Governor in Council to be a largo implement within the meaning of this Act; 3. ''Small implements" means and includes mowers, bind- jj^J^^J^g^^^., ers and generally all farm implements other than those mentioned in paragraph 2 ; 4. "Vendor" means any person or company selling or vendor" offering for sale implements on his or its own account. 1917 (sess. 2), c. 56, s. 3. 3. This Act shall apply to the sale of all implements in Application Saskatchewan, 1917 (sess. 2), c. 56, s. 4. 4. This Act shall not ap])ly to sales of implements to per- Non; sons carrying on an implement business for use in such busi- to?mp1lement ness or for resale. 1917 (sess. 2), c. 56, s. 2. ''"''"'"" 5.- — (1) All vendors selling or offering for sale large List of large implements in Saskatchewan shall file with the Minister of fiTed'^"^"** Agi-iculture on or before the first day of February in each year a list of the large implements which they have for sale, with a description of each said implement, showing in the case of engines the horse power of the same, both at the brake and on the drawbar, and in the case of implements driven or operated by engine power the amount of horse power required to drive or operate such implement. (2) Such list shall also contain the price at which the said implements are sold at retail, both for cash and on 2078 Cap. 128 FARM IMPLEMENTS credit and shall also give the usual length and terms of credit and the rate of interest charged. 1917 (sess. 2), c. 56, 9. 5. Retail dealers List of sraall implements &led List of repairs filed 6. Sections 7, 8 and 11 do not apply and never did apply to retail dealers in implements carrying on a purely retail husiness who are not themselves manufacturers. 1917 (sess. 2), c. 56, s. 6. 7. All vendors selling or offering for sale small imple- ments in Saskatchewan shall file with the ^Minister of Agri- culture on or before the said first day of February in each year a list of all implements which they have for sale with the price at which they are sold, both for cash and on credit and showing also in the latter case the usual length and terms of credit and the rate of interest charged. 1917 (sess. 2), c. .56, s. 7. 8. — (1) All the aforesaid vendors shall also file with the said minister annually on or before the said date a list of all repairs required for the implements sold by them, stating the cash selling price thereof and the places in Saskatchewan where the same may be purchased. (2) It shall be unnecessary to include in such list standard bolts and nuts or straps or other iron or wooden parts usually made by blacksmiths or carpenters. 1917 (sess. 2), c. 56, s. 8. " Supplementary lists Penalty 9. In the event of any changes from time to time in mat- ters mentioned in the lists referred to in sections 5, 7 and 8, the said vendors shall within thirty days of making such change file with the ^linister of Agriculture a supplementary list or lists, as the case may be, corrected to date. 1917 (sess. 2), c. 56, s. 9. 10. Any vendor neglecting to file a list of implements as and when required by section 5, 7, 8 or 9 shall be guilty <»f an offence and liable on summary conviction to a penalty not exceeding $5 for every day the default continues. 1917 (sess. 2), c. 56, s. 10. Belling price of repairs 11. No repair shall be sold at a higher price for cash than tlic price stated in said list so filed, as required by section 8 or section 9, as the case may be, and any person charging a hi'ihcr price for cash for any repair than the price so stated shall be guiltv of an offence and liable on suminary convic- tion to a'fino'of $2r>. 1917 (sess. 2). c. 56, s. 11.' Mk oTIarKc" 1^' jSTo contract for the sale of any large implement shall unpiemcnts ^^ valid and no action shall be taken in any court for the recovery of the wlmlo or part of the purohaso price of any FARM IMPLEMENTS Cap. 128 2079 such implement or of damages for any breach of any such contract unless the said contract is in writing, and in form A, and signed by the parties thereto. 1917 (sess. 2), c. 56, s. 12. 13. — (1) When small implements are sold upon credit Contracts for c 1 1 c 1111 • . . . n sale of small the contract for the sale of same shall be m writing m form implements B in the schedule hereto. (2) If a contract has heretofore been or shall hereafter be made for the sale of a small implement, but the provisions of subsection (1) have not been complied with, the same shall not be invalid on that account, but all the terms and conditions of form B shall, so far as applicable, be held to be incorporated therein in the same manner as if the con- tract had been reduced to writing in that form. (3) In such case: (a) if no agent of the vendor has been named to whom broken parts may be returned, such parts may be returned to the agency of the vendor at the place where the implement was purchased, or if there is no such agency, then to the nearest agent of the vendor ; (b) if no place has been mentioned where necessary repairs may be obtained, the contract shall, if made by a person to whom section 6 of this Act applies, be held to contain a statement that such repairs are kept by the vendor and may be obtained at the place of business of the agent of the vendor who is nearest to the purchaser ; (c) if the vendor's manager, to whom notice is to be given that the machine does not work well after a fair trial of two days, has not been specified the purchaser may give notice to the vendor or to the nearest agent of the vendor. 1917 (sess. 2), c. 56, s. 13. 14. When second hand implements are sold upon credit contracts for the contract for the sale of the same shall be in writing in if^^^^ i^^nd form C. 1917 (sess. 2), C. 56, S. 14. implements 15. Sections 17, 18 and 19 applv onlv to the sale of large certain implements. 1917 (sess. 2), c. 56", s. 15. T^HyZiar^e implements 16. Form C shall not be used for the sale of new imple- Use of form c ments, and in case such form is so used the contract shall be ''®^*''"'*®'^ void at the option of the purchaser. 1917 (sess. 2), c. 56, s. 16. 2080 Cap. 128 FARM IMPLEMENTS Use of form A restricted Contracts explained before si(;nnture Contrar't not binding till signed hv vendor IT. Form A shall iiut be used for second liaiid or rebuilt implements, but in case such form is so used then the same shall be conclusive evidence that the imidement so sold is or is warranted to be a new one. 1917 (sess. 2), c. 5G, s. 17. 18. — (1) Jn the event of the purchaser not being able to read in the English language the contract shall, before it is signed by him, be read over and explained to hiiii in a language which lu- understands, and in such case the burden nf ])roving that the said contract was so read over and explained to him shall be upon the vendor. (2 ) An affidavit to the effect that the deponent has, within eight days preceding the taking of the affidavit, read over and explained th(^ contract to the purchaser prior to his signa- ture thereto, in a language which the purchaser understood, shall, upon proof of the signature of the officer before whom such affidavit |)uri)orts to be sworn and that he was an officer authorised to take such affidavit, be received in evidence in all courts as conclusive proof of all the facts sworn to therein. 1917 (sess. 2), e. 50, s. 18. It). The signing of such contract by the purchaser shall not bind liim to purchase the implement therein described until the same is signed by the vendor or some agent of the vendor authorised to bind him or, it and a copy thereof is delivered to or deposited in a post office addressed to the purchaser, postage prepaid and registered. 1017 (sess. 2), c. 56, s. 10. Payment to 20. AuN i)ur('haser of farm machinerv mav make any vendor s agent • ' ■ ■, deemed payment, whether due under the contract or under any note '"'* " oiven th(n-eon. to any sales or collection agent of the vendor in Saskatchewan, and receipt of such payment by such agent shall be deemed to be receipt by the vendor: Provided tliat the vendor may at any time and from time to time notify the -purchaser in writing of the name and address of one oi- more persons to whom such payments may be made, and thereafter all such payments shall be made to such person or persons. 1017 (sess. 2), c. 56, s. 20. i.ien note for 2\ . The veudor of an afn'ieultural implement shall have unpaid pur- « ', • ^ ^ 1 chase money r^ ]ip,i ^ipon file same for the unpaid purchase inoney only in the event that such lien is specified in a lien note taken for the purchase price or balance of the purchase price thereof. 1017 (sess. 2), c. 50, s. 21. Effect of lien note 32, Where the vendor takes a lien note and complies with the provisions of either sections 2 and 3 or section 9 of The Condih'onnI Sales Act, the property in and title to the imple- ment shall remain in the vendor until full payment of the purchase price. The purchaser shall have the possession FARM IMPLEMENTS Cap. 128 2081 of and the right to the vise of the implement, but during such possession and use the said implement shall be at the risk of the purchaser as to damage and destruction from any cause, and in the event of its damage or destruction the purchaser shall remain liable for the full purchase price of the same. Upon default being made in the payment of any instalment of thr purchase price, or in the event of the purchaser absconding or permitting the implement to go out of his possession to any third party without the con- sent of the vendor, the vendor may take possession of the implement and shall be entitled to deal with the same there- after as he sees fit without being liable to account to the purchaser in any way whatsoever, save as is provided by sections 23 or 24. 1917 (sess. 2), c. 56, s. 22. 23. — (1) "Where the vendor repossesses himself of a Repossession small implement other than a binder under section 22, the ^°lif '® "' sum for which the vendor shall be liable to account to the '"'p'^'"^''*^ purchaser shall be the amount obtained upon resale of the implement, which resale may be either by public auction or private treaty, less the reasonable expenses of obtaining repossession, of making necessary repairs, of paying for freight and of reselling. (2) If, after the vendor has given credit for the proceeds of resale, there remains a balance outstanding to the credit of either party, the person entitled to such balance may forth- with sue for and recover same in any court of competent jurisdiction. 191Y (sess. 2"), c. 56, s. 23. 24 — (1) In the case of the vendor repossessing an imple-Proced ment, the said implement shall, in every case where thcbyTendor implement is a large implement, and where the implement is a binder in the event of the vendor and purchaser being unable to agTee upon the value of the same, be appraised forthwith by two arbitrators, one to be appointed by each party and a third arbitrator to be appointed by the other two, and the amount of the value placed upon the said implement by agi-eement or by the arbitrators shall be credited to the purchaser and shall be deemed to be paid by the purchaser to the vendor, and in determining the liabilities of the parties to each other after the aforesaid repossession account shall be taken of any sum left owing by the one to the other after the crediting of the said amount to the purchaser. (2) The value to be placed upon the implement by the arbitrators shall be its value at the place of repossession. (3) In determining the value to be placed upon the imple- ment the arbitrators shall make allowance in favour of the vendor for any sum which they deem reasonable to cover the costs necessarily incidental to a resale of the said imple- ment; provided that the said amount shall not in any case exceed 10 per centum of the actual value of the implement. ure on sion 2082 Cap. 128 FARM IMPLEMENTS (4) ]f upon the taking of an appraisement, as provided by subsection (3) any amount remains outstanding to the credit of either the purchaser or the vendor, the person entitled to such amount may forthwith sue for and recover the same in any court of competent jurisdiction. (5) The provisions of The Arhiiration Ad shall apply to any arbitration proceedings under this section. (Oj li the purchaser has left the province or cannot readily be found for purposes of service, and it is desired to proceed to arbitration, the vendor may apply ex parte to a judge (»f the Court of King's Bench for an order directing the manner in which notices and other documents in the arbitration proceedings may be served upon the purchaser. (7) Such ai)plication shall be made upon atlidavit of the \endor or his agent setting forth the circumstances giving rise to the arbitration, stating that the whereabouts of the purchaser is unknown, and showing what efforts have been made to ascertain it. (."^ ) If it be made to appear to the judge that the where- abouts of the purchaser is unknown, after all reasonable efforts to ascertain it have been exhausted, the judge may order that all notices and other papers required to be served in the arbitration proceedings may be served by advertise- ment or otherwise as he deems proper, subject to such terms and conditions as are necessary to protect the purchaser from injustice. 1017 (sess. 2), c. 56, s. 24. Purchasers right to reject ; on or about the day of 19 , or as soon therenfter ns it can do so. but not later than the FARM IMPLEMENTS Cap. 128 2089 day of 19 , to in the Province of Saskatcliowaii. tiie following macliinery liereby now agreed to be purchased, upon which the vendor (or purchaser) agrees to pay all freight and charges thereon from to . « On arrival of the said machinery at the point above named the purchaser agrees to receive the same subject to the terms and warranties herein (pay the freight and charges thereon, if so agreed) and pay the vendor for the same dollars, payable as follows: Cash $ and give in settlement lien notes bearing interest before and after maturity at per cent, per annum from the day of A.D. 19 Note for $ due 19 Note for $ due 19 Note for $ due 19 Note for $ due 19 Payable at {Discount clause. Here fill in discount provisions, if any.) The vendor does not give any warranties with this machin- ery other than the following: (Here insert tJie warranties, if any, giveri tvith said machinery, as well as the name and address of the last previous purchaser. ) The purchaser hereby agrees that he will receive the machinery for which this order is given at and that he will settle for the same in accordance with the fore- going terms. (If desired, the folloiuing clause may be inserted) : The purchaser hereby assigns to the vendor 25 per cent, of all the moneys which the purchaser, his servants or assigns, may earn by using the same and all threshers' liens and rights to liens therefor which may accrue, with full power to exercise the same in the name of the purchaser or any such other person. In the event of the said machinery being seized for pay- ment of taxes the vendor may pay such taxes, together with any costs in connection with such seizure and all such moneys shall be forthwith repayable by the purchaser to the vendor with interest at the contract rate, from the date on which the vendor paid same and any moneys so paid by the vendor shall be added to and form a part of the purchase money of the said machinery. Tn testimony whereof the purchaser has hereunto set his hand the day and year first above mentioned. Accepted at this day of 19 , CHAPTER 129. H An Act respect ill DAIHV I'KODUCTS Met hod t of hniidliiiK 10. The methods of handling and earing" for milk, cream and the dairy ntensils used by patrons shall ho cleanly and sanitary. 1019-20, c. 46, s. 10. Kmpty coil laincrs washed 11. -\u jicrson shall deliver to any exj)ress, railway or other transportation company any empty milk, cream or ice cream container for shipment, forwarding or delivery unless the same has first been thoroughly washed or cleansed and rendered sanitary. 1010-20. e. 4G, s. 11. Capacity of measuring pippttn 3amp|p of cream weighefl Comprisitp test SA^rPI.INGj TKSTIN'O AND PURCHASING MILK AND CRKAM. 12. Where the butter fat content of milk supplied to a creamery, buying station, cheese factory or ice cream plant is determined by the Babcock test, the measuring pipette used shall have a marked capacity of 17.6 cubic centimetres. 1919-20, c. 46, s. 12. 13. The butter fat content of cream supplied to a creamery or an ice cream plant shall be determined by the Babcock test, and the sample of cream taken for testing shall be weighed into a test bottle and shall weigh exactly 18 grammes. 1919-20, c. 46, s. 13. 14. When a composite test is made to determine the ]>cr- centage of butter fat contained in milk or cream supplied to creameries, cheese factories and ice cream plants by a patron, a sample shall be taken from each weighing, and the projiortion which the weight of any one sample bears to the w^eight of the milk ov cream from which it is taken shall l)e maintained in all other samples entering into such composite test. 1919-20. c. 46, s. 14. Samples for composite teat Record of all tests 15. The samples of milk and cream collected for a com- posite test from several lots of milk or cream received from any one patron shall be kcjit in a cool place in a separate tightly stoppered glass bottle or jar plainly labelled with the patron's name or number. 1010-20, c. 46. s. 15. Ifi. A record shall bo kej)t for at least twelve months of all tests, composite or other, made to determine the butter fat content of milk or cream, and any patron or inspector may examine such record at all reasonable hours. 1919-20. c. 46, s. 16. Weights correct 17. ISTo owner, manager or other person in charge of a creamery, buying station, cheese factory or ice cream plant shall, in respect of any lot of cream or milk purchased from a patron, base the ))urchase price upon a weight, grade or classification other than the correct weight, grade or classifi- cation. 1919-20. c. 46, s. 17. DAIRY PRODUCTS Cap. 129 2093 18. — (1) The owner, iii:iii;ii>er or other i)ersoii iu charge Record of ^ ' . ^ , .. . each day's of a creamery, buying station, cheese ractory or ice cream business plant shall keep a record of the amount of in ilk or cream received each day from each patron, of tlu^ dis])osition made thereof, and of the weight of all butter and cheese manu- factured daily, and the quantity in gallons of all ice cream manufactured daily. (2) Any inspector may examine such records at all reason- able hours. 1919-20, c. 46, s. 18. 19. The owner, manager or other person in charge of a statement creamery, buying station or ice cream plant shall make and creameries deliver to each patron with every payuieut a statement showing among other details : (a) the period which the payment covers ; (h) the quantity of milk or cream supplied by him during such period ; (c) the butter fat content, in pounds, of such milk and cream ; (d) the grade of such milk and cream ; and (e) the rate of payment per ]ionnd of butter fat. 1919-20, c. 46,' s. 19. 20. The owner, manager or other person in charge of a statement i"" T1T-1 x**^ patron? cheese factory shall make and deliver with every payment of cheese to a patron a statement showing among other details : (a) the period which the payment covers ; (h) the quantity in pounds of milk supplied by him during such period ; (c) if payment is based on the grade and on the butter fat content of the milk, then the grade and the butter fat content in pounds ; and (d) the basis and rate of pa\Tnent per pound of butter fat or hundred pounds of milk, as the case may be. 1919-20, c. 46, s. 20. returns 31. The owner, manager or other person in charge of a statistical creamery, buying station, cheese factory or ice cream plant shall make such statistical returns in such form and at such times as the mini'^ter requires. 1919-20, e, 46, s. 21. T.ICENSES AXD LICENSING. 32 (1) The minister may issue, to the owners or man- Power to agers of creameries, buving stations, cheese factories, dairies ucenses and ice cream plants, licenses to operate the same and may r^gliiTtlons also issue licenses to graders and testers of milk and cream. 2094 Cap. 129 DAIRY, PRODUCTS (2) All licenses shall be in such form and subject to such regulations as may be from time to time approved by the Lieutenant Governor in Council and published in The 8as- Jcatcheivan Gazette. (3) Such regulations shall take effect on the expiry of thirty days from the date of their first publication in the gazette. ] 919-20, c. 46, s. 22. Application for license Bond by applicant License necessary to operate plant 33. — (1) Any person desiring to operate a creamery, buying station, cheese factory, dairy or ice cream plant shall make application in writing to the minister on a form to be supplied by him for a license to carry on such business, stating thereon the name, situation, and nature of the busi- ness of such creamery, buying station, cheese factory, dairy or ice cream plant, its assets and liabilities and the probable value of the milk and cream to be purchased monthly. (2) On approval of such application the minister shall fix the amount of a bond to be entered into by the applicant to His Majesty, with one or more sureties conditioned as set forth in regulations to be prescribed by the Lieutenant Governor in Council, such bond to be approved by the minister. (3) The said bond shall be conditioned among other things that the applicant shall faithfully account and report to all persons entrusting him with consignments of milk or cream, and pay to such persons the proceeds of each consignment received according to the true value thereof. (4) The minister may at any time require such additional bond as he deems necessary, (5) Statements furnished by an applicant under the pro- visions of this section shall be for the exclusive use of the department, and no person other than a departmental officer shall he permitted to see or examine the same unless they are required for use in court, in which ease the minister shall produce all statements and documents referring to the matter in issue. 1919-20, c. 46, s. 23. 24:. — (1) 'No person shall operate a creamery, buying station or cheese factory unless licensed so to do as provided in section 22. (2) Every such license shall l)o valid until the thirtieth day of April next after its issue, and every applicant shall before the issue of the license, in addition to furnishing a satisfactory bond as provided by section 23, pay to the minister a fee of $5. 1019-20, c. 46, s. 24. Operator's licenses 25. — (1) No person shall operate a milk or cream testing apparatus to determine the percentage of butter fat in milk DAIRY PRODUCTS Cap. 129 209* or cream for the purpose of purchasing the same either for himself or for another, without first securing a license from the minister authorising such person to operate such tester. (2) Every such license shall be valid until the thirtieth day of April next after its issue, and every applicant shall before the issue of the license pay to the minister a fee of $2. (3) A person desiring to secure a license shall make appli- cation therefor on a form to be supplied by the minister, and any applicant for a license may before receiving same be required to pass a satisfactory examination and prove by actual demonstration that he is competent and qualified to properly operate such tester. (4) Examinations as provided in subsection (3) shall be conducted by the university of Saskatchewan, at such times and places as are found convenient or advisable. (5) Notice announcing the date when such examination will be held shall be mailed to the manager or other person in charge of each creamery, buying station, cheese factory, dairy or ice cream plant, who has made application for a license in accordance with the provisions of section 23, at least fifteen days prior to the examination date and each applicant shall be required to pay an examination fee of $2. (6) Special or supplemental examinations may be held at such times and places as are arranged between the university of Saskatchewan and the applicants. The fee for such supple- mental examination shall be $5. 1919-20, c. 46, s. 25. 26. — (1) The testinff of each lot of milk or cream by an Appointment T. ^ ■ ,,'=', fv of substitute unlicensed person shall constitute a separate ottence; pro- vided that a licensed person may, in case of sickness or other •emergency, appoint a capable unlicensed substitute for a period not to exceed ten days. (2) In every case where an unlicensed person is appointed temporarily to conduct the work of testing as provided in subsection (1) notice thereof in w^riting shall be forthwith sent to the dairy commissioner and the date on which such substitute assumed charge shall be stated in the notice. 1919-20, c. 46, s. 26. MUNICIPAL BYLAWS. 37. — (1) ISTo municipal bylaw or regulation affecting theByiawaare production, manufacture or sale of dairy products shall bebycommia- . .^ T ^ ,^ T • • • sioner operative until approved by the dairy commissioner. (2) The dairy commissioner shall, in every case where bylaws or regulations are approved under this section, publish a notice thereof in one issue of The Saslcatchewan Gazette, and such approval may be proved by production of a copy of the issue containing the notice. 2096 Cap. 129 DATHV I'RO DUCTS (3) A memorandum of approval writicn upon a Uiily certified copy of any such bylaw or regulation and ]uirporting to be signed by the dairy commissioner shall lu- prima facie evidence of such approval. (4) The Lieutenant Governor in Council may from time to time make regulations governing such municipal bylaws or regulations or any portion thereof, whether api)roved or not. 1919-20, c. 46, s. 27 OFFENCES AND PENALTIES. Unjust 38. Anv iierson engaged in the business of buying milk, discrimination ^^^^^^^ ^^ ^^^^"^^^ ^^^ ^^^, ^^^ pnrpose of manufacture or resale, who shall discriminate between different sections, districts, localities, communities or municipalities in the province by ])urchasing such commodities at a higher price or rate in one section, district, locality, community or municipality for delivery to ajiy specified factory, city, town, village or station than is paid by such person for the same grade of the same commodity in another section, district, locality, community or municipality for delivery to the same factory, city, town, village or station after making due allowance for any differ- ence in cost of transportation from the different points of production to the point of manufacture, shall be deemed guilty of unfair discrimination and shall be liable upon summary conviction to a fine of not less than $50 nor more than $500. 1919-20, c. 46, s. 28. Obstructing officials, etc. 29. The ownei', manager or other person in charge of a creamery, buying station, cheese factory, dairy or ice cream plant who : (a) refuses admission to or obstructs an inspector in the performance of his duty; (h) fails to facilitate the work of inspection; (c) overreads or nnderreads the Babcock test or operates the Babcock tester so as to give an incorrect test ; or, (d) violates any of the provisions of this Act or any of the regTilations passed hereunder, for violation of which no penalty is herein otherwise imposed; shall be guilty of an offence and liable, upon summary con- viction, to a penalty of not less than $10 and not more than $100, and in default of payment to imprisonment for a period not exceeding 30 days.*^ 1919-20, c. 4G, s. 29. Pecuniary isterest iRterest *^^* "^^ policc magistrate or justice of the peace having of magistrate -^ pecuuiarv interest in a creamery, bnying station, cheese factory or ice cream plant shall hear or determine any com- l.]aint^lnder this Act. 1919-20, c. 46, s. 30. or ice cream ant DAIRY PRODUCTS Cap. 129 2097 31. Upon a report of the dairy coramissioner that aonierto creamery, buying station, cheese factory or ice cream plant creamery, is not in a sanitary condition or that the methods of manu- station, f actnre are unsanitary, the minister may order the owner, u^ctofy manager or other person in charge thereof to close the samej,'^' forthwith and it shall be kept closed until the dairy commis- sioner reports that the condition of the creamery, buying station, cheese factory or ice cream plant and the methods of operation there proposed to be used are sanitary. 1919- 20, c. 46, s. 31. 33. The minister may, in addition to any other penalty Minister provided for violation of any of the provisions of this Act, iTcense^^° * suspend or revoke any license granted hereunder. 1919-20, c. 46, s. 32. GENERAL. 33. No person shall for the purpose of manufacturing site and butter or cheese, erect a building or establish a plant in any buildings building already erected in Saskatchewan unless the site ^''^'^°^^'* therefor and the plans and specifications thereof have first been approved by the minister. 1919-20, c. 46, s. 33. CHAPTER 130. An Act respecting the Purchase and Sale of Eggs. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchevt^an, enacts as follows: Short title 1. This Act may be cited as The Egg Marketing Act. 1919-20, c. 52, s. 1. Interpretation "Candling' 'Inspector" "Minister" "Person" 2. In this Act, unless the context otherwise requires, the expression : 1. "Candling" means the careful examination of the whole egg by means of a strong light in a partially dark room or place, the apparatus and method used to be such as are approved by the minister ; 2. "Inspector" means any officer appointed for the pur- pose of carrying out the provisions of this Act ; 3. "Minister" means the Minister of Agriculture; 4. "Person" includes a firm and an unincorporated association or company. 1919-20, c. 52, s. 2. Candling Recandling 3. — (1) Every person who receives eggs for sale on consignment from producers, or purchases eggs from pro- ducers for sale at retail or wholesale, shall candle all eggs offered to him, and no such person shall buy or sell eggs unfit for human food. (2) Eggs found by candling to be unfit for human food shall, if stamped with a mark capable of identifying them as the property of the producer who offers them for sale, be recandlod in his presence, if he so requests. 1919-20, c. 52, s. 3. Bggs ileemed unfit lor human food Candling place and record 4. For the purpose of this Act an egg shall be deemed unfit for human food if it be addled or mouldy ; or if it has an adherent yolk or a bloody or gi-een white or a black rot, a white rot or a blood ring; or if it is incubated beyond the blood ring stage, or if it consists in whole or in part of a filthy, decomposed or putrid substance. 1919-20, c. 52, s. 4.' 5. Every person who receives eggs for sale on consign- ment or buys eggs for resale shall provide and maintain a suitable place for candling eggs and shall keep such candling records as are required by the minister, which records shall be open at all reasonable times for examination by the min- ister or an inspector. 1919-20, c. 52, s. 5. EGGS Cap. 130 2099 6. There shall be placed on the top flat of every case Record of candled eggs by the person candling the same a record egss'"''''"'*'* in a printed form on a card or sheet of paper not smaller in size than two and three-eighths inches bv four and one- quarter inches, which shall give under the word ''Saskat- chewan" the license number of the person for whom the; eggs were candled, the name, initial or other distinguishing mark of the person by whom they were candled, and the date of candling. 1919-20, c. 52, s. G. '7. No person who is not the holder of a valid and sub- Prohibition sisting license shall receive or buy eggs from producers for unlicensed sale on consignment or for resale, except those retailers who '""■^°'^'' do not buy direct from producers, and do not sell in lots greater than one case. 1919-20, c. 52, s. 7. 8. The minister may, upon receipt of an application i^aue of in such form as he prescribes, issue to the applicant a ''"®°'"' license to buy or sell, deal in or trade in eggs and such license shall remain in force until cancelled or suspended by the minister. Such licenses shall be numbered con- secutively in the order of their issue. 1919-20, c. 52, s. 8. 9. The minister may make regulations regarding the Regulations issuing and use of stamps containing numbers or other distinguishing marks for marking of eggs by producers. 1919-20, c. 52, s. 9. 10. Any person failing to comply with any of the penalty requirements or violating any of the provisions of this Act or of any regulations made hereunder shall be guilty of an offence and liable on summary conviction, to a penalty of not less than $5 nor more than $50 ; and his license may, in the discretion of the minister, be cancelled or be suspended for a limited time. 1919-20, e. 52, s. 10. Vol. II —31 CHAPTER 131. An Act for the Protection of Useful Birds. Short title Birds protected Nests and eggs Guardians Birds or eggs for scientific purposes Penalty Application of Act H TS Majesty, by aud with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : 1. This Act may be cited as The Useful Birds Act. R.S.S. 1909, c. 127, s. 1. 2. No person shall shoot at, himt, take or kill any bird whatsoever except crows, eagles, goshawks, pigeon hawks, duck hawks, Cooper's hawks, blackbirds, cowbirds, grackles, English sparrows, cormorants, mergansers and such birds as are not within the prohibition of The Game Act. K.S.S. 1909, c. 127, s. 2; 1916, c. 37. s. 20; 1917, c. 34, s. 17. 3. No person shall at any time disturb, injure or take the nests or eggs of any bird not mentioned in section 2. R.S.S. 1909, c. 127, s. 3. 4. Guardians appointed under the provisions of The Game Act shall be guardians under this Act for the pur])()S(' of enforcing its provisions. R.S.S. 1909, c. 127, s. 4. 5. The Minister of Agriculture may upon application being made to him and upon payment of a fee of $5 gi-ant any person a license for the current calendar year to procure for scientific purposes specimens of birds and theii' eggs protected by this Act. R.S.S. 1909, c. 127, s. 5. 6. Any person contravening any of the provisions of this Act shall upon summary conviction be liable to a penalty not exceeding $2.5. R.S.S. 1909. c. 127, s. 6. '^. Nothing in this Act contained shall be deemed to affect the provisions of The Game Act or to apply to domestic birds. R.S.S. 1909, c. 127, s. 7. H CHAPTER 132. An Act for the Protection of Game. IS Majesty, by and with the advice and consent of the Le^^islative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act mav be cited as The Game Act. 1916, c. 30, s^ort title s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the interpretation expression : 1. "Big game" means such animals dead or alive as are "Big game' mentioned in section 4, and includes the parts of such ani- mals ; 2. "Close season" means the period during which the"cio8e killing of an animal is prohibited by this Act, and includes the first date, but not the last mentioned; 3. "Fur bearing animals" means such animals, dead or "Fur bearing alive, as are mentioned in section 11, and any other animals " that produce fur of a marketable value, and includes the parts of such animals; 4. "Game" means such animals dead or alive as are "Game" mentioned in sections 4 and Y, and includes the parts of such animals ; 5. "Game birds" means such birds dead or alive as are "Game birds" mentioned in section 7, and includes the parts of such birds ; 6. "Guardian" or "game guardian" means a person ;;Guardian" or appointed under the provisions of this Act to see to its guardian" enforcement ; 7. "Minister" means the Minister of Agriculture ; "Minister" 8. "Nonresident" means a person who has not resided and "Nonresident" had his home in Saskatchewan during the four months prior to the first day of September in any year; 9. "Provincial game guardian" means a person appointed 'Provincial game at a salary by the minister under the provisions of s^b- ^""'^'^'^" section (1) of section 61. 1916, c. 30, s. 2; 1917, c. 34, s. 52 (9) (redrawn). PROHIBITIONS. 3. No person shall hunt, trap, take, shoot at, wound or kill Hunting 1 • 1 • ' 1 • 1 • A In on Sunday any beast or bird mentioned m this Act on the first day of prohibited the week, commonly known as Sunday, and the carrying 2102 Cap. 132 game of a gun shall be prima facie evidence of hunting. 19 Hi, <•. 30, s. 3. bfg'glJL ■*• — (1) N'o person shall hunt, tra]), take, shoot at, wound protected ^j. l^^Y[. (a) a bison or buffalo at any time ; (h) a pronghorn antelope or an elk or wapiti at any time ; (c) any of the deer family, whether known as caribou, moose, deer, or otherwise, in that portion of Saskatchewan lying to the south of the line between townships 34 and &5, at any time ; and, in that portion of the province lying to the north of the said line, between the fifteenth day of December in any year and the fifteenth day of November in the following year; (d) any female other than caribou or the young under one year of age of any of the animals mentioned in this section and for the purposes of this Act any male moose having horns or antlers less than six inches in length shall be deemed to be under one year of age. (2) In no case shall any person kill more than one moose, two deer or two caribou and in any event not more than two big game animals in all in one season. (3) No person who is in charge of or employed in or in any way connected with any hay camp, fishing camp, lumber camp, logging camp, wood camp, tie camp, mining camp or any camp in connection with the construction of any railway or public work, or any camp used for any commercial pur- pose, shall at any time during the close season have in any such camp or in the vicinity thereof, or permit to remain in any such camp or the vicinity thereof, any big game or game birds mentioned in this Act. (4) Every person who accidentally, by mistake or other- wise unlawfully kills a female of any age, or a fawn under the age of one year, of any of the animals mentioned in this section, other than caribou, shall properly dress the carcass immediately and take away the meat and the hide, and keep them in a good state of preservation, and deliver the same to the agent at the nearest railway station to the order of the chief game guardian, and shall at once report the killing and delivery of such animal to the chief game guardian Eegina. 1916, c. 30, s. 4; 1917, c. 34, s. 52; 1917 (scss. 2), e. 40, ss. 2 and 3 ; 1918-19, c. 55, s. 2: 1919-20, c. 50, s. 2. Transport:. t ion 5. ]\[q persou who lawfullv kills big game shall for pur- poses of transportation divide the same into more than tour parts or quarters in addition to the head. 1916. c. 30, s. 5. GAME Cap. 132 2103 6. It shall be the duty of a game guardiau to seize ^^J J^^jg^^^'"^'^'"" big game animal killed, where the evidence of sex is not not apparent clearly apparent; and in every case where evidence of sex is lacking the hunter or possessor shall be deemed to have violated section 4. 1916, c. 30, s. 6; 1917, c. 34, s. 52 (8). 7. No person shall hunt, trap, take, shoot at, wound or Certain kill I protpfted (a) any bird of the family Analidae, commonly known as ducks and geese, between the first day of Janu- ary and the fifteenth day of September; nor shall more than fifty birds of this family be killed by one person in any one day nor more than two hun- dred and fifty in a season; and no swans shall be taken at any time; (6) any bird of the family Oruidae, commonly known as little brown Sandhill, and whooping or white cranes at any time ; (c) any bird of the family Rallidae, or rails and coots, between the first day of January and the fifteenth day of September ; (d) any bird of the order Limicolae, or shore birds, commonly known as black-breasted and golden plover, Wilson or jacksnipe and the greater and lesser yellowlegs between the first day of January and the fifteenth day of September; and no other specie of this order including snipe, willet, phala- rope, sandpiper, plover, avocet and curlew shall be taken at any time ; (e) any bird of the order Gallinae, commonly known as sharp-tailed grouse or prairie chicken, pinnated grouse or prairie hen, between the first day of November in any year and the fifteenth day of October of the following year, nor shall more than six of these birds be killed by one person in any one day, nor more than thirty in one season; and no other species of this order including ruffed grouse or partridge, Canada grouse or spruce grouse, sage grouse or grouse of any other variety shall be hunted, trapped, taken, shot at, wounded or killed at any time. 1916, c. 30, s. 7; 1917, c. 34, s. 52; 1918-19, c. 55, s. 3; 1919-20, c. 50, s. 3. 8. The conducting of field trials by an association organ- Fieia ised for the purpose, in connection with which blank cartridges only are used, shall not be considered hunting within the meaning of this Act if permission to conduct such trials has first been obtained from the minister. 1916, c. 30, s. 8. 2104 Cap. 1:52 GAME Destruction of crops by birds 9. If aii\ of the lianio birds mentioned in section 7 destroy crops at a time when it is not lawful to hunt, trap, take, shoot at, wound or kill them, the Lieutenant Governor in Council may, on the recommendation of the minister and upon such terms and conditions as are determined, authorise the hunt- ing and shooting of such birds in defined areas and during periods limited by the order ; and the provisions of this Act, regarding bag limits shall not apply to hunting or shooting done under the authority of any such order. 1016, c. 80, s. 9. SuspensioD in northern Saskatchewan Certain fur bearing animals protected 10. Should conditions arise whereby residents in the far northern portion of Saskatchewan are deprived of their usual means of livelihood, the Lieutenant Governor in Council shall have power by proclamation made public in The Saskat- chewan Gazette to suspend the operation of all sections of The Game Act dealing with the hunting of game birds and big game for purposes of food, but not for purposes of sale, barter or traffic in such portion or portions of Saskatchewan north of the line between townships 56 and 57 and during such period or periods prior to the first day of l^ovember, 1925, as may be described and set forth in such proclamation. 1916, c. 30, s. 10 1918-19, c. 55, s. 4. kill 11. ISTo person shall hunt, trap, take, shoot at. wound or (a) mink, fisher or marten, between the first day of xipril and the first day of ]N"ovember; (h) otter, between the first day of May and the first day of ISTovember; (c) muskrats in townships 1 to 52 inclusive between the first day of May and the first day of March of the year following, and in the territory north of township 52 between the first day of December and the first day of March of the year following and between the fifteenth day of May and the first day of ISTovember; and at no period of the year shall a muskrat be speared, shot or shot at; {d) beaver, between the first day of May and the first day of December: Provided that it shall not be lawful to hunt, trap, take, shoot at, wound or kill any beaver on any game preserve, or in any municipality or portion thereof in which protection is given to beaver as provided in section 13 nor upon any occupied land without having obtained the consent of the occupant thereof and at no period of the year shall a beaver be speared, shot or shot at; GAME Cap. 132 2105 (e) fox, between the first day of Ajiiil ami the first day of IN^ovember: Provided, however, that this clause shall apply only to that part of the province lying north of township 50. 191G, c. 30, s. 11;' 1917, c. 34, s. 52 (11); 1917 (sess. 2), c. 40. s. 5: 1919-20, c. 50, s. 4. 13. Upon the representation of the council of a rural Muskrats raunicipality to the minister that muskrats have become a nuisance by undermining public highways, bridges and other public improvements, the minister may grant to the council authority to destroy such muskrats in any way they deem necessary for the protection of such public highways, bridges, and other public improvements. 191P>. c. 30. s. 12; 1917 (sess. 2), c. 40, s. 6. 13. — (l)-Upon the presentation of a resolution of the Beaver council of a municipality to the minister stating that it is desirable and in the public interest that all beaver within such municipality or a specified portion thereof be protected, the Lieutenant Governor in Council shall, on the recommen- dation of the minister, by proclamation published in The _ SdsJcatchewan Gazette declare that it is unlawful to hunt, trap, take, shoot at, wound or kill beaver within such muni- cipality or such specified portion thereof. (2) The council of such municipality shall, within thirty days after the publication of such proclamation, and in thn month of November in each year during the continuance of the proclamation cause an announcement to be inserted in each newspaper published in xmoh. municipality and, if none is so published, then in one newspaper circulating in such municipality stating that it is unlawful to hunt, trap, take, shoot at, wound or kill beaver within the boundaries of such municipality or such specified portion thereof. (3) Such proclamation shall, unless it states the period during which beaver shall be protected, remain in force until repealed by a proclamation of the Lieutenant Governoi' in Council similarly published. 1917 (sess. 2), c. 40, s. 7. 14. No person shall destroy, partially demolish or leave Muskrat open the house of a muskrat. 191f;, c. 30, s. 13; 1917^°Xted (sess. 2), c. 40, s. 8. 15. ISTo person shall use poison for the killing of any fur Poison bearing animal mentioned in section 11. 1910, o. 30, s. 14; 1917. p. 34. s. 52 (lOV Ifi. No person shall hunt, trap, take, shoot at, wound or Hunting over kill any bird or other animal mentioned in this Act if it is upon or over land enclosed by a fence of any kind, or land 2106 Cap. i;32 GAME Hunting at night Carrying loaded guns in vehicle Game birds Shipmen t of (jame under cultivatiou or covered by buildings, nor shall he allow his dogs used for hunting to enter upon such lands without having obtained the consent of the owner or occupant thereof. 1916, c. 30, s. 15. It. No person shall hunt, trap, take, shoot at, wound or kill big game or game birds between one hour after sunset and one hour before sunrise. 1916, c. 30, s. 16. 18. — (1) No person shall at any time carry a loaded shot gun or rifle in or on, or discharge the same from, a carriage, rig, wagon, car, sleigh, hayrack, bicycle, automo- bile, or other vehicle. (2) A shot gun or rifle, carrying loaded shells or cart- ridges in the magazine only, shall not be deemed to be loaded. 1916, a. 30, s. 17. 19. — (1) No person shall at any time use or set for the destruction or capture of game birds: (a) poison, opium or other narcotic; (&) sunken punts, nightlights, traps, nets or snares of any kind; swivel, spring, automatic or machine shot guns or any device or mechanism designed to silence or muffle or minimise the report of a fire- arm. (2) Any person finding any of the contrivances mentioned in clause (&) of subsection (1) in use may destroy them without incurring liability. (S) No one shall hunt, take or kill ducks, geese or water fowl from sail boats, yachts, launches or other boats pro- pelled by steam, gasoline or electrical motive power. 1916, c. 30, s. 18. 30. It shall be the duty of any person when shipping any game or fur bearing animal : (a) to securely attach to each shipment of big game the official coupon or tag supplied with each license and numbered to correspond with the number of the hunter's license, and the name of the licensee shall be written upon the reverse side of the coupon ; (h) to so prepare each shipment of game birds, furs, or fur bearing animals that the bag, sack, parcel, box, basket, trunk, crate, or other receptacle used may be easily opened for examination of the contents by any game guardian or railway shipping clerk, or else to plainly mark such receptacle with a full description of the contents ; (c) to mark on such shipment or securely label it with • the names and addresses of the consignee and con- ]••. signer respectively. 1916, c. 30, s. 19. GAME Cap. 132 2107 ^1. No agent of a transportation company or other com- iransportatioo 1 11 • 1 • J /• " /• 1 companies mon carrier snail receive any shipment oi game or lur bear- acceptance ing animals unless and until such shipment has been pre- pared, marked and labelled as required in section 20 and if such shipment is received it shall not be lawful to transport or deliver the same to the consignee, but in every such case the chief game guardian shall be notified at Regina and such shipment shall thereupon be disposed of as provided in sec- tion 65. 1916, c. ?>0. s. 20. ^2. — (1) Except as provided in section 41, no person Export of shall take out of, export or cause to be exported from Saskat- chcM^an any big game or game bird or live fur bearing animal without having first obtained a permit to do so from the minister. (2) No person shall be entitled to export in one season more than five dozen such birds nor shall a permit be granted under this section for the export of any birds belong- ing to the gi'ouse family or the entire carcass of a moose, elk, caribou, or other deer. (3) The fees to be paid for permits in this section shall be as follows: For each head of moose, caribou or elk exported $5.00 For each head of other deer or set of antlers exported 2.00 For each hide of whatever variety of big game exported 1.00 For each shipment of one dozen or less of game birds exported 1.00 For each live black or silver fox exported .... 25.00 For each live cross or red fox exported 5.00 For every other variety of live fur bearing animal exported 5.00 For each shipment of twenty pounds or less of the flesh of big game 1.00 1916, c. 30, s. 21; 1917 (sess. 2), c. 40, s. 9. 23. During the time in which it is unlawful to kill an Evidence of animal or bird, as herein provided, the possession of any part kiii'C^ "' of such animal or bird shall be deemed prima facie evidence that the animal or bird was unlawfully killed or taken. 1916, c. 30, s. 22. 34, No person or persons other than a game guardian tuu- of Ka.ne in respect of game forfeited under the provisions of sec- tion 65, shall buy or sell, deal or traffic in, offer or expose for sale, barter or exchange the flesh of big game or game birds. 1916, c. 30, s. 23; 1917 fsess. 2), c. 40, s. 10. 2108 Cap. 132 game Game storage -^^ — (^ j ^ ^-^ pei'soii sliiill engage in the business of stor- ing game of anv kind without having first secured a license therefor. Every such license shall be issued by the minister and shall be in force from the fifteenth day of September in the year of issue til! the first day of April in the following year, and the fee to be ])aid therefor shall be $2 annually. (2) Every person engaged in the business of storing game of any kind slinl!. upon forms supplied by the chief game guardian, keej) a record of all game stored by him. showing: (a) the date of the receipt by him of such game; (h) the number and kinds of such game; (c) the name of the person from whom such game was received ; and (d) the number of the hunter's license or permit under which such game was secured ; and such record duly attested shall be forwarded to the chief game guardian at Regina not later than the first day of April in each year. (3) No person shall have game birds in storage between the first day of INfarch and the sixteenth day of September, or the flesh of any big game between the first day of April and the first day of December in any year. lOlH, c. 30, s. 24 (redrawn). Low gr!id( 36. Xo person shall buy, sell, ship or have in his posses- sion at any time a skin or pelt of any fur bearing animal, other than a wolf or eovote, of unprime qualitv or grade. 1918-19, c. 55, s. 5. Kkk. protected ^1 . No pcrsou shall wilfully disturb, destroy or take the eggs of a game bird. 1016, o. 30, s. 26. HuntinK -l. — (1) No resident other than a treaty Indian shall hunt, trap, take, shoot at, wound or kill any of the fur bearing animals mentioned in section 11 without having in his possession a license therefor in his own name, which shall be known as a resident trapper's license and which may be procured on payment of two dollars from such agents as are appointed by the minister. (2) Every licensee shall, on or before the thirty-first day of May, return such license to the chief game guardian, Regina, accompanied by a statement showing the kinds of fur bearing animals and the numbers of each kind trapped or otherwis(! taken by him during the season. 1919-20, c. .')0, s. 6. Kur dealer's license 35. — (1) No person shall engage in the buying and sell- ing of the skins or pelts of big game or fur bearing animals without having in his possession a license therefor, which shall be known as a fur dealer's license and may be secured annually for $10 in the cas(^ of a resident fur dealer, and for $20 in the case of a nonresident fur dealer, from an agent api)oiiitf(l hy the minister to issue such licenses. (2) Every licensee siiall, on or before the thirtieth day of June, return such license to the chief game guardian accom- panied by a statement showing the kinds of furs and the number of each kind : (a) bought (luring the year; (h) sold during the year; (c) on hand on the first dav of June in each year. GAME Cap. 132 2111 (3) Each sucii stKlement shall be verified by statutory declaration of the licensee or his agent. (4) A separate license shall be required for each place of business of a person having more than one place of business, in Saskatchewan. (5) In the case of resident fur dealers south of the line between townships 25 and 26, the license fee shall be $2. (6) No travelling agent employed by a licensed fur dealer shall buy furs on behalf of such dealer without having obtained from the minister a permit to do so and the fee to be paid therefor shall be $10 in the case of an agent employed by a resident fur dealer and $20 in the case of any agent employed by a nonresident fur dealer. (7) Application for such permit shall be made by the (employer of such agent, who shall return such permit on or before the thirtieth day of June next ensuing. 1916, c. 30, .<=. 32; 1917 (sess. 2), c. 40, s. 12. 36. Any trapper, fur buyer, taxidermist or other person penaky failing or neglecting to make out and forward returns as provided in this Act shall forfeit the right to obtain a license for the next ensuing year. 1919-20, c. 50, s. 7. 37 — (1) No nonresident shall hunt, trap, take, shoot at, Nonresident wound or kill any game or fur bearing animal, whether pro- ''''«'*^*' f^«« tected by this Act or not, without having first obtained a license therefor. (2) Every such license shall be signed by the minister and shall be valid only for the then current or next ensuing open season, and shall be subject to the provisions of the game laws in force in Saskatchewan at the time the said license is granted. (3) The fee to be paid therefor shall be $25 for a license to trap fur bearing animals, $25 for a big game license, and for a game bird license $5 in the case of a person actually domiciled in the Dominion of Canada, and in all other cases $15. 1916. c. 30, s. 33; 1917 (sess. 2), c. 40, s. 13. 38. A license issued under this Act shall be valid only License when the signature of the person to whom it is issued is Kef""'"' indorsed thereon. 1919-20, c. 50, s. 9. 39. Any person engaged in a business or sport for which Production ,.r a license or permit is required under this Act shall, on request ^'^^^^ by a game guardian, forthwith produce and show to such guardian his license or permit. 1916, c. 30, s. 34 (redrawn). 40. The holder of a fur dealer's license shall immediately insp<"otinn of on request, grant any game guardian access to his camp, ^""^ .store room or place of business, for the purpose of inspecting any furs or skins in his possession. 1916, c. 30, s. 35, 2112 Cap. 132 GAME Export of eame Regulations respecting licenses Hunting accidents Big game license returned Compli- mentary permits 41 w The bolder of a nonresident big game license shall be entitled to take with him out of the province any big game which has been legally killed by him; and the holder of a nonresident game bird license may take with him personally, when leaving the province, not more than one hundred game birds. 101(1 c. 30. s. 36. 4^ — (1) The minister may make regulations governing the issue of licenses under this Act and the appointment of persons to issue the same and their remuneration, either by proportion of the license fee or otherwise. (2) No license shall be issued to any person under sixteen years of age without a wi-itten application from his parent or guardian. (S) Every holder of a big game license shall wear, while hunting, a complete outer suit of some whitie material, such suit to include white cap or tuque. 1916, c. 30, s. 37 (redrawn). ■ ■ - ■ , t 43. Every person who, while hunting or apparently hunt- ing any game, shoots at or wounds any other person whether by accident, mistake or otherwise, under circumstances which would not constitute a crime under the provisions of The Criminal Code, shall be gitilty of an offence and liable to a fine of not less than $500 nor more than $1,000 and in default of ]>aynient to imprisonment for a term of not more than six months. Any license which may be held by such person under this Act shall be revoked and cancelled, and no further license shall for a period of ten years after such con- viction be issued to him. 1916, c. 30, s. 38. 44. — (1) Every person holding a big game license shall, inmiediately after the close of the open season for the killing and taking of animals mentioned in section -1, return such license to the Department of Agriculture accompanied by an affidavit, showing the total number of animals and the sex of each animal killed or taken by liini during the period mentioned in his license. (2) Any person who fails or neglects to return his license within thirty days from the time s]>ecified for the return ther(M)f, together with the required affidavit or other particu- lars, shall (in addition to being liable to the penalty provided ill section .")T l»e disqualified from obtaining a similar license ill tile next sneceedinu' year. 1016, c. 30. s. 30. 45. Notwithstanding anything herein contained. His Rxcellencv the Governor General of the Dominion of Canada, or the Premier thereof, or the Lieutenant Governor or Pre- mier of any of the provinces of Canada, or other distinguished visitors to Saskatchewan or members of the Saskatchewan Provincial Police or game guardians appointed under the GAME Cap. 132 2113 provisions of this Act, may be gi-anted complimentary per- mission to hunt or shoot within the limits of the province and in accordance with the provisions of this Act, upon applica- tion therefor to the minister, who may issue such a permit. 1916, c. 30, s. 40; 1917 (sess. 2), c. 40, s. 14. 46. Every holder of a big game license shall be a game Big game guardian for the purposes of enforcing this Act during the guardians open season for big game. 1916, c. 30, s. 41. 47. During the time in which it is lawful to kill any Evidence of animal or bird as herein provided the carrying of a gun or rifle in a locality where such animal or bird may reasonably be expected to be found shall be prima facie evidence of hunting within the meaning of this Act. 1916, c. 30, s. 42. 48. — (1) Any nonresident found carrving a gun in aSearciiof 1 If iiiii'V- 1 nonresident locality where game may be found shall be subject to searcli carrying gun by a game giiardian for evidence of violation of this Act. (2) Any resident, accompanying or aiding a nonresident to hunt or shoot without the necessary license, shall be held equally to have violated the law and shall be liable to like penalties. 1916, c. 30. s. 43. 49. No person shall do business as a taxidermist without Taxidermist'* having first procured from the minister a license in that behalf, the fee for which shall be $5 annually. 1916, c. 30, 8. 44. 50. [No taxidermist shall have in possession at any time Possession by game or fur bearing animals or parts thereof for the purpose of preserving, mounting, stuffing or sale, without having also a signed statement from the owner or person from whom ir was procured to the effect that the said animal or part thereof had been legally secured, and each taxidermist shall keep a duplicate receipt book in which shall be recorded all receipts of such birds or animals or parts thereof and submit a copy of the same to the minister ev(>ry three months. 1916, c. 30, s. 45. CT-ORE SEASON. 51. The Lieutenant Governor in Council may, Avhen ciose seasoo satisfactory reason is shown, permit the introduction of foreign game birds and may declare a close season for them during the then current year, or may, on the receipt of a petition from six game guardians, extend the close season for anv class of game over the current year within limits. 1916, c. 30. p. 46. PROSECUTIONS. 53. Every person who acts in contravention of any of the Penalty provisions of this Act by which a license or permit is required 2114 Cap. 132 GAME shall be guilty of an offence and liable, ou summary convic- tion, to a penalty of not less tlian $10 nor more than $100, and the amount of the license or permit fee, and in default of payment to imprisonment for a term not exceeding three months. 1917 (sess. 2), e. 40, s. 15. Ncniesidont Itlegal sliippin p 53. Every unlicensed nonresident, who hunts big game contrary to the provisions of this Act, shall be guilty of an offence and liable, on summary conviction, to a penalty of not less than $50 nor more than $300, and the amount of the license fee, and in default of payment to imprisonment for a term not exceeding six months. 1916, c. 30, s. 48. 54. Every person who ships furs or a live fox, contrary to the provisions of this Act, shall be guilty of an offence and liable, on summary conviction, to a penalty of not less than $50 nor more than $300, and in default of payment to imprisonment for a term not exceeding six months. 1916, c. 30. s. 49. Grouse 55. Every person who acts in contravention of the provi- sions of clause (e) of section 7, shall be guilty of an offence and liable, on summary conviction, to a fine of not less than $10 and not more than $100 for the first bird, and not less than $5 and not more than $25 for each additional bird shot at, wounded, killed or trapped, and in default of pay- ment to imprisonment for a term not exceeding six months. 1916, c. 30, s. 50. Kii; ijami' I'enalty for nffences not spenifically provided for RedistiiiK name (iiiardi;iii DUposilion of fine 56. Every person who acts in contravention of the provi- sions of section 4, shall be guilty of an offence and liable, on summary conviction, to a fine of not less than $50 and not more than $200, and in default of payment to imprisonment 30, s. 51. for a term not exceeding six months. 1916, c. 57. Every person who violates any of the provisions of this Act for which violation no penalty is herein specifically provided, shall be guilty of an offence and liable, on sum- mary conviction, to a penalty of not less than $10 and not more than $200, and in default of payment to imprisonment for a term not exceeding six months. 1916, c. 30, s. 52. 58. Any person who offers resistance to or interferes with a game guardian in the performance of his duties under this Act shall be liable to a penalty of not less than $25 and not more than $100, and in default of payment to imprisonment for a term not exceeding six months. 1916, c. 30, s. 53. 59. Tn the case of any fine, not exceeding $100, imposed under this Act, one half thereof, and in the case of any fine exceeding $100, so imposed, $50 thereof, shall be paid to the complainant on his demand therefor and the balance GAME Cap. 132 2115 thereof shall be paid into the consolidated fund of the pro- vince; but if the complainant is a salaried game guardian, or a member of the Saskatchewan Provincial Police, or makes no demand therefor at or before the conclusion of the trial, then the whole amount shall be paid into the consoli- dated fund of the province. 1916, c. 30, s. 54 (redrawn). 60. No prosecution for violation of any of the provisions limitation of of this Act shall be commenced after twelve months from the date of such violation. 1916, c. 30, s. 55; 1917 (sess. 2), c. 40, s. 16. GAME GUARDIANS. 61. — (1) The minister shall appoint and fix the remu- -^pp",'"t."'ent ^ ^ ^ '■ and duties neration of: (a) a chief game guardian who shall be an officer of the department to direct and attend to the admin- istration of this Act; (6) one or more provincial game guardians who shall devote their attention to patrolling such districts or portions of the province as may be allotted to them by the minister for the purpose of assisting to carry out the provisions of this Act. (2) He may also appoint as unsalaried game guardians such other persons as may be suitably situated and willing to assist in the protection of game and in carrying out the provisions of this Act without remuneration. (3) All guardians shall have the power of constables to enforce the provisions of this Act. 1916, c. 30, s. 56. 63. Except where otherwise provided, any oath or affi- License agents davit required to be made for any of the purposes of this commi^ioner«< Act may be sworn before a person appointed to issue licenses under this Act. 1916, c. 30, s. 57 (redrawn). 63. All members of the Saskatchewan Provincial Police, ex o3cto members in good standing of any game protective association ^""'*'^"' in Saskatchewan, issuers of game licenses and city, town or village constables, shall be ex officio game guardians under the provisions of this Act. 1916, c. 30, s. 58; 1918-19, 0. 55, s. 6. 64. A game guardian, finding any one violating any of ^®'\"''etp' the provisions of this Act, may seize any shot gun, rifle, nets, traps, or other implements of shooting or hunting found in his possession and use the same as evidence at the time of trial after the conclusion of which, such shot gun, rifle, nets, traps or other implements of shooting or hunting may at the discretion of the justice of the peac.e be returned to the owner. 1916. c. 30, s. 59. 2116 Cap. 132 GAME Seizure of game Search Search warrant Siearch without warrant (>5. — (1) Any guardian, who has reasonable grounds for believing that an offence has been committed under this Act, may seize any game, fur or fur bearing animal m respect ol which he believes such offence has been committed, and, taking the same before a justice of the peace, lay an informa- tion against the person in whose possession the game, fur or fur bearing animal was found : and in case of conviction the game, fur, or fur bearing animal shall be forfeited, and shall thereupon, except as hereinafter- provided, become the property of the guardian. (2) If, in the opinion of the justice, such game or fur bearing animal at any one seizure exceeds in value the sum of thirty dollars and is not in a perishable condition, it shall be forfeited and become the property of His ]\Iajesty to be sold or otherwise disposed of as the minister directs ; and of the proceeds of any such sale the sum of thirty dollars shall be paid to the informing guardian, if not a provincial game guardian or a member of the Saskatchewan Provincial Police and the roinninder shall be paid to the Provincial Treasurer and shall form part of the consolidated fund of the province. 1910. c. 80. s. 60; 1918-19, c. 55, s. 7; 1919-20. c. 50, s. 10. 66. During the close season a game guardian, finding a person on other than his own property carrying a gun as if for use, may search the clothing, vehicle or camp of such person. 19i(). c. 30. s. 61. 67 (1 ) If it is proved upon the oath of a game guard- ian, other than a provincial game guardian, before a justice of the peace, that there is reasonable cause to suspect that any game or fur bearing animal has been taken in violation of this Act and is concealed in a dwelling house, store, shop, warehouse, outhouse, garden, yard, croft, vessel, building or other place, the justice may grant a warrant to search such place and if the gairic or animal is there found to bring tho same before him. (2) Where a provincial game guardian has reason to suspect that game or a fur bearing animal has been taken in violation of this Act and is concealed as above mentioned, he may without warrant or legal process enter and search the dwelling house, store, shop, warehouse, outhouse, garden, croft, vessel, building, or other place, and if the game or animal is found, he may seize the same and proceed against the person suspected of concealing it, in accordance with the provisions of this Act. (3) An information under this section may be in form A. and a search warrant thereunder may be in form B, (4) Every search warrant shall be executed by day unless tlie justice shall by the warrant authorise the execution thereof at nia:ht. 1916, c. 30, s. 62. GAME Cap. 132 2117 68. — (1) A game guardian may enter upon or pass over Powers of any lands within the discharge of his duty, whether such lands be inclosed by a fence or otherwise, but he shall be liable for any damage which he may cause in so doing. (2) A provincial game guardian may without warrant arrest any person not known to him, found committing any offence against the provisions of this Act. 1916, c. 30, s. 63. GENERAL. 69. — (1) Except as hereinafter provided, and subject to Act applies the provisions of The Indian Act, chapter 81 of The Revised^'' Statutes of Canada 1906, this Act shall apply to all Indians in Saskatchewan whether resident upon a reserve or not. (2) Every resident treaty Indian may hunt or trap during the open season without a license and shall on request of a game guardian forthwith jiroduce his treaty ticket for identi- fication. (3) The Lieutenant Governor in Council may from time to time exempt Indians from the restrictions and obligations ..f this Act. 1916, c. 30, s. 64. 70. The provisions of this Act shall not apply to the taking Act not to of game by curators of museums under the auspices of the curators of Government of Canada or of Saskatchewan or to their "'""'""''' assistants appointed in writino; for the purpose. 1916, c. 30, s. 65. "71 — (1) JSTotwithstanding anything in this Act contained *-*="""' those areas of land set forth in schedule B and such othei- areas as are from time to time determined by the Lieu tenant Governor in Council are hereby declared game pre- serves for the propagation and ])erpetuation of birds and animals, and shooting, hunting, trapping or carrying of fire- arms, except as provided in subsection (2) within the said preserves is forbidden. (2) Within such jireserves every constable, guardian or forestry official may carry firearms in the performance of his duties, which duties may under instructions from the minister necessitate the killing or taking of certain animals for the maintenance of proper control. 1916, c. 30, s. QQ. 73. Notwithstanding anything in this Act, a bona fide Travellers traveller or settler, having occasion to pass through a game '''"* ^^"^"^ preserve along recognised roads or trails, may carry firearms if encased or sealed in such a wav as to prevent their use 1916, e. 30, s. 67. 73. Notwithstanding anything in this Act, the minister Special may when necessary authorise the capture within the boun- '^'''^""*^ daries of a game preserve of birds or animals for propaga- 2118 Cap. 132 ' game tion, exhibition or proper control, and may permit the- collection of specimens for scientific purposes, and mav exempt from protection and permit the destruction of such species as he deems injurious to beneficial wild life or to domestic stock. 1016, c. 30, s. 68. SOHEDULE A. FORM A. (Section 67 {3) ) Information to Obtain a Search Warrant. Canada : Province of Saskatchewan. The information of A. B.. of in the said province^ a .guardian appointed under and by virtue of The Game Act^ taken this day of 19 . before the under- signed, one of His Majesty's justices of the peace in and for the said Province of Saskatchewan, who says that he has just and reasonable cause to suspect and does suspect that (describe things to he searched for) has (or have") been taken in violation of The Game Act and is (or are) concealed in the {divelling house, etc.) of C. J\ of in the said Province of Saskatchewan (here add the cause of suspicion) : Wherefore he prays that a search warrant may be granted to him to search the (dwelling house, etc.) of the said C. D. as aforesaid for the said (describe things to he searched for). Sworn (or afiirnuMi) on the day and year first above men- tioned at in th(^ said province before me, E. F.. A Justice of the Peace in and for the Provinrr of Sashatchetran. FOEM B. (Section 67 (S) ) ^^>I;M OF Search Wakrant. Canada : Province of Saskatchewan. To all or any of the guardians under and by virtue of The Game Act. Whereas it appears on the oath of A. B., of that there is reason to suspect that, (describe things to he GAME Cap. 1»2 2119 searched for) have been taken in violation of The Game Act and are concealed in the {dwelling house, etc.) of C. D., of , in the said Province of Saskatchewan. This is, therefore, to authorise and require you to enter between the hours of (as the justice shall direct) into the said premises and to search for the said things and to bring the same before me or some other justice of the peace in and for the said Province of Saskatchewan. Given under my hand and seal at in the said province this day of 19 . [seal] E. F., A Justice of the Peace in and for the Province of Saskatchewan. SOHEDFLE R. (Section 71) Moose Mountain Game Preserve. Commencing at the south-east corner of section 11 town- ship 10 range 2 west of the second meridian ; thence northerly and along the easterly boundary of sections 11, 14 and 23: thence westerly along the northerly boundary of section 23 ; thence northerly along the easterly boundary of section 27 ; thence westerly along the northerly boundary of sections 27. 28 and 29 ; thence northerly along the easterly boundary of section 31 to its intersection with the northerly boundary of said township 10 ; thence westerly and along the northerly boundary of said* township 10 to its intersection with the easterly boundary of section 1 township 11 range 3 west of the second meridian ; thence northerly along the easterly boundary of section 1 ; thence westerly along the northerly boundary of said section 1 ; thence northerly along the easterly boundary of section 11 ; thence westerly along the northerly boundary of sections 11, 10, 9 and the north-east quarter of section 8 ; thence southerly along the westerly boundary of the north-east quarter of section 8 ; thence westerly along the northerly boundary of the south-we^it quarter of said section 8 and along the northerly boundary of the south half of section 7 to its intersection with the easterly boundary of section 12 in township. 11 range 4 west of the second meridian; thence southerly and alon": the easterly boundary of said section 12; thence westerly along the southerly boundary of the south-east quarter of said section 1 2 ; thence northerly along the easterly boundary of the west half of said section 1 2 ; thence westerly along the northerly boundary of the north-west quarter of section 12 and sections 11, 10, 9, 8 and 7 to its intersection with the easterly boundary of township 1 1 range 5 west of the second meridian: thence southerlv aloua' tlie easterly boundary of 2120 Cap. 132 game said township 11 to its intersection with the northerly boun- dary of section 36 in township 10 range 5 w^est of the second meridian; thence westerly along the northerly boundary of said section 36 ; thence southerly along the easterly boundary of sections 35 and 26 in said township 10 range 5 west of the second meridian; thence westerly along the northerly boundary of sections 23, 22 and 21 to its intersection with the easterly boundary of Pheasants' Rump Indian Reserve JS^o. 68; thence southerly along the easterly boundaries of Indian Reserves Nos. 68 and 69 to its intersection with the northerly boundary of the south half of section 28 township 9 range 5 west of the second meridian; thence easterly and along the northerly boundary of the south half of section 28 and along the northerly boundary of the south-west quarter of section 27 ; thence southerly and along the easterly boun- dary of the south-west quarter of section 27 ; thence easterly along the northerly boundary of section 22 ; thence southerly along easterly boundary of the north-east quarter of section 22; thence easterly along the southerly boundary of the north-east quarter of section 23; thence southerly along the easterly boundary of the south-west quarter of section 23; thence easterly along the northerly boundary of the north-east quarter of section 14 and along the northerly boundary of section 13 in township 9 range 5 west of the second meridian and also easterly along the northerly boundary of sections 18, 17 and 16 in township 9 range 4 west of the second meridian; thence northerly along the easterly boundary of section 21 ; thence easterly along the northerly boundary of sections 22, 23 and 24; thence southerly along the easterly boundary of section 24 ; thence easterly along the northerly boundary of sections IS. 17, 16 and 15 to its intersection with the westerly boundary of White Bear Indian Reserve No. 70 ; thence northerly, easterly and southerly and follow- ing along the westerly, northerly and easterly boundaries of said Indian Reserve No. 70 to its intersection with the southerly boundary of section 11 in township 10 range 2 west of the second meridian ; thence easterly along the southerly boundary of section 11 to the place of commencement. Cypress Htt.t.s Game Preserve No. 1. Commencing at the north-east corner of section 24 in township 7 range 29 west of the third meridian; thence northerly and following along the easterly boundary of range 29 to the north-east corner of section 24 in township 8 ; thence westerly and following along the northerly boundary of sections 24,' 23, 22, 21, 20 and 19 in range 29, also along the northerly boundary of sections 24. 23, 22 and 21 in town- ship 8 range 30 to its intersection with the westerly boundary of the province of Saskatchewan ; thence southerly and fol- lowing along the said westerly boundary thereof to its inter- section with the novthorly boundary of section 21 in town- GAME Cap. 132 2121 ship 7 ; thence easterly and following along the northerly lx»undary of sections 21, 22, 23 and 24 in township 7 range 30 and also along the northerly bonndary of sections 19, 20. 21, 22, 23 and 24, to^vnship 7 range 29 west of the third meridian to the place of commencement. Cypress Hills GAi^rio Preserve No. 2. Commencing at the north-east corner of section 11 in township 8 range 26 west of the third meridian; thenc(^ northerly and following along the easterly boundary of sections 14, 23 and 26 in said township 8; thence westerly and following along the northerly boundary of sections 2(), 27, 28, 29 and 30 in said to^vnship 8, also along the northerly boundary of sections 25 and 26 in township 8 range 27 west of the third meridian to its intersection with the easterly boundary of section 27 ; thence southerly along the easterly boundary of sections 27, 22 and 15 in said township 8 range 27 to the north-east corner of section 10; thence easterly and following along the northerly boundary of sections 11 and 12 in township 8 range 27 and also along the northerly boun- dary of sections 7, 8, 9, 10 and 11 in township 8 range 26 to the place of commencement. Beaver Hilt-s Game Preserve. Commencing at the south-east corner of township 26 range 9 west of the second meridian ; thence northerly and follow- ing along the easterly boundary of said township 26 to its intersection with the northerly boundary thereof; thence westerly along the northerly boundary thereof to its inter- section with the easterly boundary of section 1 in township 27 range 10 west of the second meridian; thence northerly and following along the easterly boundary of said section 1 to the northerly boundary thereof; thence westerly along the northerly boundary thereof to its intersection with the easterly boundary of section 11 ; thence northerly and follow- ing along the easterly boundary of section 11 to the northerly boundary thereof; thence westerly and following along the northerly boundary thereof to its intersection with the easterly boundary of section 1 5 ; thence northerly and follow- ing- along the easterly boundary of sections 15. 22, 27 and 34 to the northerly boundary of townshi)) 27 in snid ran2;e 10; thence westerly and following along the northerly boundary of said township 27 to its intersection with the westerly boun- dary of range 10; thence southerly and following along the westerly boundary of range 10 west of the second meridian to its intersection with the southerly boundary of township 26 ; thence easterly and following along the southerly boun- dary of township 26 to the place of commencement. 2122 Cap. 132 game Porcupine Game Preserve, \ C'ommencing at the intersection of the southerly boundary of township 37 with the easterly boundary of the Province of Saskatchewan; thence northerly and following along the said easterly boundary of the Province of Saskatchewan to its intersection with the northerly boundary of township 43 ; thence westerly and following along the northerly boundary of township 43 to its intersection with the second meridian in the Province of Saskatchewan ; thence southerly along said second meridian to its intersection with the southerly boun- dary of township 37 ; thence easterly along said southerly boundary of township 37 to the place of commencement. Duck Mountain Game Preserve. Commencing at the intersection of the southerly boundary of townshi]) 30 with the easterly boundary of the Province of Saskatchewan; thence northerly and following along the said easterly boundary of the Province of Saskatchewan to its intersection with the northerly boundary of section 24 in township 32 rnngc 30 west of the principal meridian ; thence w^esterlv and following along the northerly boundary of sections 24^23, 22, 21, 20 and 19 in township 32 range 30 west of the principal meridian to its intersection with the easterly boundary of township 32 in range 31 west of the principal meridian ; thence southerly and following along the easterly boundary of townships 32, 31 and 30 in range 31 west of the principal meridian to its intersection with the southerly boundary of township 30 ; thence easterly and fol- lowing along the said southerly boundary of township 30 to the place of commencement. Pasquia Game Preserve. Commencing at the intersection of the southerly boundary of township 47 in range 3 west of the second meridian with the westerly limit of the land taken for right of way of the Canadian Northern Railway; thence north-easterly and fol- lowing along the westerly boundary of said right of way to its intersection with the easterly boundary of the Province of Saskatchewan in township 51 ; thence northerly and fol- lowing along the said easterly boundary of the Province of Saskatchewan to its intersection with the right bank of the Carrot river in township 55 ; thence south-westerly and fol- lowing along the said right bank of the Carrot river to its intersection with the easterly boundary of township 50 in range 10 west of the second meridian; thence southerly and following along the easterly boundary of townships 50, 49. 48 and 47 in range 10 to its intersection with the southerly boundary of to^vnship 47 ; thence easterly and following along the said southerly boundary of township 47 to the place of commencement. GAME Cap. 1J52 2123 Fort a la Corne Game Preserve. i Commencing at the intersection of the left bank of the Saskatchewan river with the easterly boundary of township 50 in range 16 west of the second meridian ; thence northerly and following along the easterly boundary of townships 51 and 50 in said range 16 to its intersection with the right bank of the White Fox river ; thence westerly and following along the said right bank of White Fox river to its inter- section with the easterly boundary of section 6 in township 51 range 21 west of the second meridian; thence southerly and following along the easterly boundary of section 6 to its intersection with the correction line north of township 50 ; thence westerly and following along the southerly boundary of said correction line to its intersection with the easterly boundary of township 50 in range 22 west of the second meridian ; thence southerly and following along the easterly boundary of townships 50 and 49 in said range 22 to its intersection with the left bank of the Saskatchewan river ; thence easterly and following along the said left bank of the Saskatchewan river to the place of commencement. The Pines Game Preserve. Commencing at the intersection of the left bank of the South Saskatchewan river with the third meridian in town- ship 45 ; thence northerly along the third meridian to the northerly boundary of said township 45 ; thence westerly along the northerly boundary thereof to the north-west corner of the north-east quarter of section 34 in said township 45 range 1 west of the third meridian ; thence southerly along the westerly boundary of the north-west quarter of said section 34; thence westerly along the northerly boundary of the south-west quarter 'of said section 34 ; thence northerly along the easterly boundary of section 33 ; thence westerly along the northerly boundary of said section 33 in township 45 range 1 west of the third meridian ; thence northerly along the easterly boundary of section 5 in township 46 range 1 west of the third meridian; thence easterly along the northerly boundary of section 4; thence northerly along the easterly boundary of section 9 ; thence westerly along the northerly boundary of said section 9 ; thence northerly along the easterly boundary of the south-east quarter of section 17; thence easterly along the northerly boundary of the south-west quarter of section 16 ; thence northerly along the easterly boundary of the north-west quarter of section 16 ; thence easterly along the northerly boundary of the north- east quarter of section 16 and along the northerly boundary of the west half of section 15; thence northerly along the easterly boundary of the west half of section 22 ; thence easterly along the northerly boundary of the north-east 2124 Cap. 132 ^ game ■^ quarter of section 22 ; thence northerly alons; the easterly boundary of sections 27 and 34; thence westerly along the northerly boundary of said section .'^4 in township 46 range 1 west of the third meridian; thence northerly along the (uisterly boundary of sections 4 and 9 in township 47 range 1 west of the third meridian; thence westerly along the northerly boundary of section 9 ; thence northerly along the (easterly boundary of the south-east quarter of section 17; thence easterly along the northerly boundary of the south half of section 16 and the south-west quarter of section 15 ; thence northerly along the easterly boundary of the north-west quarter of section 15 and the south-west quarter of section 22 ; thence easterly along the northerly boundary of the south- east quarter of section 22 ; thence northerly along the easterly boundary of the north-east quarter of section 22 and sections 27 and 34; thence westerly along the northerly boundary of sections 34, 33, 32 and 31 in township 47 range 1 west of the third meridian; thence southerly along the easterly boundary of the south half of section 24 in townshij) 48 range 2 west of the second meridian; thence westerly along the southerly boundary of said section 24; thence northerly along .the easterly boundary of the south-east quarter of section 23 ; thence westerly along the northerly boundary of the south halves of sections 23, 22 and 21 to its intersection with the right bank of the ISTorth Saskatchewan river ; thence southerly along the said right bank to its intersection with the northerly boundary of the south half of section 4 township 47 range 3 west of the third meridian ; thence easterly along the north- erly boundary of the south half of section 4 and the south- west quarter of section 3 ; thence southerly along the easterly boundary of the south-west quarter of section 3 to the north- erly boundary of section 34 in township 46 range 3 west of the third meridian ; thence easterly along the northerly boun- dary of section 34 and 35 to its intersection with the easterly boundary of the west half of section 2 in township 47 range 3 west of the third meridian ; thence northerly along the said easterly boundary of the west half of section 2 ; thence east- erly along the northerly boundary of the east half of section 2 and section 1 ; thence southerly along the easterly boundary of said section ] to its intersection with the northerly boun- dary of sections 34 and 35 to its intersection with the easterly correction line to the easterly boundary of township 46 in range 3 west of the third meridian; thence southerly along the said easterly boundary of township 46 in range 3 to the north-east corner of section 1 in township 46 range 2 west of the third meridian : thence easterly along the northerly boundary of sections 6 and 5 township 46 range 2; thence southerly along the easterly boundary of said section 5 ; thence easterly along the northerly boundary of sections 33 and 34 township 45 range 2 ; thence southerly along the easterly boundary of sections 34 and 27 : thence easterly GAME Cap. 132 2125 along the northerly boundary of sections 23 and 24 ; thence southerly along the easterly boundary of section 24 to the north-cast corner of towuship 44 range 2; thence easterly along the northerly boundary of sections 31, 32 and 33 town- ship 44 range 1 ; thence southerly along the easterly boundary of section 33 ; thence easterly along the northerly boundary of section 27 to its intersection with the left bank of the South Saskatchewan rivei-; thence northerly and along the left bank of the said South Saskatchewan river tn the place of commencement. Big Kivkr (4amk Prkskeve. Commencing at the south-east corner of towuship 56 range •S west of the third meridian ; thence northerly and following along the easterly boundary of said township to its inter- section with the westerW bank of Cowan lake; thence north- westerly and following along the westerly bank of Cowan lake to its intersection with the northerly boundary of town- shi]i 58 range 9 west of the third meridian ; thence w^esterly and following along the northerly boundary of township 58 in ranges 9, 10, 11 and 12 to the easterly boundary of the n-ail known as the Green lake to Carlton trail; thence southerly and following along the easterly boundary of said trail to its intersection with the southerly boundary of town- ship 50 ; thence easterly and following along the southerly l>oundary of township 56 in ranges 11, 10, 9 and 8 to the plnr-o of couiuiencement. Wascana Game Preserve. Comprising all the land and lands covered by water lying within twenty (20) chains of either bank of Wascana lake and creek between the westerly boundary of the south-west quarter of section 10 in township lY range 19 west of the second meridian and the easterly boundary of the south-east quarter of section 28 in township 17 range 20 west of the second meridian. The Isle of Bays Gaaik Preserve. ('om[)rising what is kuown as the Isle of Bays in Lake Johnson being fractional sections 28, 29 and 33 in town- ship 13 range 29 west of the second meridian, together with the adjacent waters and islands which lie within a radius of two ( 2) miles of the shore line of the said Isle of Bays. Nor'j'h AM) South Saskatchewan Rivers Game Preserve. Comprising all the land and lands covered by water lying between the right and left banks of the South Saskatchewan river between the westerly boundary of the Province of Sas- 2l2ii Cap. 132 GAME katchewan and the easterly boundary of township 49 range 22 west of the second meridian and in addition all land lying within two hundred (200) yards of either bank of the said river between the above described limits, also all the hmd and lands covered by water lying between the right and left banks of the jSTorth Saskatchewan river between the westerly lx)undary of the Province of Saskatchewan and the easterly lionndary of township 49 range 22 west of the second meridian, and in addition all land lying within two hundred ( 200) yards of either bank of the said river between the above described limits. Section XI LAWS AFFECTING SPECIAL CLASSES OF PERSONS 1. PROFESSIONS AND OCCUPATIONS CHAPTER 133. An Act respecting the Legal Profession and the Law Society of Saskatchewan. H JS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : SHORT TITLE. 1. This Act may be cited as The Legal Profession Act. «'""-i "n- R.S.S. 1909, c. 104, s. 1. INCOKPOKATION OF LAW SOCIETY. ^. The Law Society of Saskatchewan, hereinafter called ^'/j'^a^'""'"""" ■'the society" is continued as a body corporate and politic ^°<^'ety with power to acquire, hold and dispose of real and personal property for its corporate purposes. R.S.S. 1909. c. 104, «. 2 (redrawn). •i. The society shall consist of its present members and ^°°^*"*"*'°" all other persons who become entitled to practise as barristers and solicitors in the courts of Saskatchewan. R.S.S. 1909, <■. 104, s. 4 (redrawn). MEMBERSHIP. 4. All members of the society shall be styled ''barristers Membership and solicitors." R.S.S. 1909, c. 104, s. 3. ' 5. Any person who on the sixteenth day of September, Nonresident 1907, was enrolled as an advocate of the supreme court of the ^^"^ ^" ^orth-West Territories but who at such time was not resi- dent in Saskatchewan shall be entitled at any time there- after to be enrolled as a member of the society and to practise as a barrister and solicitor in the province upon filing with the secretary his written request to that effect; and upon furnishing such proof as may be required by the rules of 2128 Cap. 133 legal profession the society as to his good standing at the bar of any country, province or state in which he may have practised and such person shall not be required to pass any examination or to pay any fee as a condition of his admission except however such nominal enrolment fee not exceeding $2 as the society may prescribe. R.S.S. 1909, c. 104, s. 5; 1910-11, c. 41, s. 10. Roll ROLL Ol' UARItlSTERS AND SOLICITORS. 6. The secretary of the society shall continue to keep a roll on which he shall enter the names of all persons who are or who become members. R.S.S. 1909, c. 104, s. 6 (redrawn). QUALIFICATIOiSS OF BARRISTERS AND SOLICITORS. ?f"membor°° "^ ' — (1) ^^ pcrsou cxccpt thoso enrolled as members of the society shall practise at the bar of any court of civil jurisdiction in Saskatchewan, or advise, do or perform any work or service for fee or reward in matters pertaining to the law, or sue out any writ or process, or commence, carry on or defend any action or proceeding in any such court. (2) Any of the following persons may become a member of the society and as such entitled to practise as a barrister and solicitor in the courts of Saskatchewan : (a) any British subject of the age of twenty-one years who having been entered and admitted as a student at law in the societv has been standing on the books thereof for five consecutive years, or for three con- secutive years if a graduate in arts or law of a recognised university in any part of His Majesty's dominions or a graduate of the Royal Military College of Canada and has conformed to the rules of the society; (6) any person who has been duly called to the bar of any part of His Majesty's dominions or any of the provinces of Canada or who has been admitted to practise as an attorney, barrister or solicitor in any of His Majesty's superior courts of law therein who produces sufficient evidence of such call or admis- sion and testimonials satisfactory to the benchers of good cbnracter and of good standing in the law society of that part of His Majesty's dominions of which he is a barrister, attorney, advocate or solicitor and who has complied with the rules of the society : Provided that if the person applying is a bar- rister, solicitor, advocate or attorney in a part of such dominions in which a barrister and solicitor of Saskatchewan is or may be required to pass any examination before his call or admission therein, LEGAL PROFESSION Cap. 133 2129 the beucliers may impose a like requirement on such applicant ; and Provided further that if the person applying is a barrister, solicitor, advocate or attorney in a part of such dominions in which a barrister or solicitor of Saskatchewan is or may be required to reside therein or serve under articles for any cer- tain period before call or admission the benchers may require a like residence or service under articles upon such applicant. R.S.S. 1909, c. 104, s. 8 (redrawn). barristee's and solicitor's oath. 8. Every person before being admitted as a barrister and ^^*'' solicitor shall make and subscribe such oath as may be pre- scribed by the benchers. 1910-11, c. 41, s. 19. VISITORS OF SOCIETY. 9. The judges of the Court of Appeal and the Court of visitor- King's Bench shall be visitors of the society. R.S.S. 1909, a record thereof. R.S.S. 1909, c 104, s. 24; 1919-20, c. 44. s. 3. LEGAL PROFESSION Cap. 183 2131 ^3. The twelve members of the society receiving respec- Me.ni>prs tivelj the highest number of votes cast shall be declared by' the secretary to be elected benchers. K.S.S. 1909, c. 104, s. 25; 1917, c. 34, s. 15. 24. In case of an equality of votes between two or more Equality of candidates which leaves the election of one or more of such benchers undecided, the secretary shall forthwith put into a box a number of papers equal to the number of candidates who have an equality of votes the said papers each having the name of one of the said candidates written thereon. The papers shall be so folded that the name shall be inside and not visible without the papers being opened. The papers shall be mixed together in the box and the secretary shall draw by chance from such box in presence of such persons as are present one or more of such papers sufficient to make up the required number ; and the persons whose names are upon such papers so drawn shall be declared elected. R.S.S. 1909, c. 104, s. 26. 25. The secretary shall forthwith after the election notify Nt.ii.o of the benchers elect of their election and cause their names to be published in The Saslcatcheivan Gazette. R.S.S. 1909, c. 104, s. 27. 36. The benchers may make such regulations as they ^I'lif-s f"'' 1 . . (■ 1 • A election consider expedient not contrary to the provisions of this Act for regulating the procedure as to election of benchers. E.S.S. 1909, c. 104, s. 28. 37. The secretary shall retain the voting papers used at vo^'.'^ig papers an election until all petitions in respect thereof have been decided. E.S.S. 1909, c. 104, s. 29 (redrawn). 38. In the event of any dispute as to the election of ^,'.;'.'^-,',';^^ benchers the same may be decided in a summary way by a judge of the Court of King's Bench upon petition presented within ten days from the declaration of the result ; the decision of the judge shall be final and the costs of the peti- tion shall be in his discretion; the judge shall in and about such petition have the like powers as in an ordinary cause in the Court of King's Bench.' R.S.S. 1909, c. 104, s. 30. 39. 'No person shall sign the name of any other person to i''ai>c voting a voting paper or alter, add to, falsify or fill up any blank in any voting paper signed by another person or deliver or cause to be delivered to the secretary any such false voting paper or any voting paper which has been added to or falsified or in which any blank has been filled up after the same was signed. E.S.S. 1909, c. 104, s. 31. Vol. II— .32 2132 Cap. 133 LEGAL PROFESSION Absence of secretarj' Vacancies 30. In the event of there being no secretary at the time at which an election is to be held, or of the secretary being unable through illness or other unavoidable cause to act, the president, or, if there is no president, the Attorney General shall appoint in writing some person to act as secre- tary, and such person shall perform all the duties of the secretary. R.S.S. 1909, c. 104, s. 32 (redrawn). 31. In case of failure to elect the required number of benchers, or in case of a vacancy caused by the death, resigna- tion or departure from Saskatchewan of a bencher, or by any other cause, the remaining benchers may appoint to the vacant place any person duly qualified to be elected a bencher, and the person so appointed shall hold office for the residue of the period for which the other benchers have been elected. R.S.S. 1009, c. 104, s. 33 (redrawn). Officer* OFFTCEES OF SOCIETY, 33. The officers of the society shall consist of a president, vice president, secretary and treasurer and in the discretion of the society the office of secretary and treasurer may be filled by a secretary treasurer ; and such officer may be a person other than a bencher. R.S.S. 1909, c. 104, s. 34. Rules and bylaws BENCHERS POWERS. 33. The beuclicrs may from time to fiino make rules and bylaws: 1. For the governmont of iho socioty and otlior purposes connected therewith ; 2. For prescribing the qualifications, course and manner of study and examinations of students at law and the requirements preliminary to their admission as barristers and solicitors, and for regulating the admission and enrol- ment of barristers and solicitors ; 3. For fixing the fees payable to the society for admission and enrolment of students at law and barristers and solicitors respectively : Provided that the fee for admission and enrolment as a barrister and solicitor payable by any student at law in Saskatchewan shall not exceed $100 ; 4. For fixing the fees payable annually by each barrister and solicitor and other fees incidental to the society; 5. For the striking off the roll and suspension from prac- tice of any barrister and solicitor for nonpayment of fees due to the society and for the reinstatement of such barrister and solicitor upon such terms as the benchers may see fit: 6. For reporting legal decisions. R.S.S. 1909, c. 104, s. 35. LEGAL PROFESSION Cap. 133 2133 34. The) boneliors of the society may gi^ant to any person status granted possessed of educational qualifications, equal to those required of a student at law in Saskatchewan on his enrolment as such, who has been actually engaged in the study of law in any other part of His Majesty's dominions a status as a student at law in Saskatchewan; but not greater than his status in the country in which ho had previously been a student at law and on such conditions as to undergoing examinations as the benchers may in each case decide. R.S.S. 1909, c. 104, s. 36. 35. Notwithstanding anything herein contained thespeciui benchers may make rules and regulations for the admission to pracUce of persons to practise as barristers and solicitors other than those mentioned in section 7: Provided that no such person shall be admitted unless he is a British subject and has been admitted to practise as a legal practitioner in some province, state or countrv. R.S.S. 1909, c. 104, s. 37. 36. The benchers may in their discretion make rules Admission of providing for the admission of women to practise as barris- ^ ters and solicitors. 1912-13, c. 46, s. 27. 37. — (^1) Any unqualified person who pretends or holds False himself out to be a barrister and solicitor of the Court of King's Bench of Saskatchewan or takes, assumes or uses any name, title, addition or description other than such as he actually possesses and is legally entitled to or implying or calculated to lead people to infer that he is a barrister and solicitor duly enrolled or that he is recogTiised by law as a barrister and solicitor or lawyer qualified and entitled to practise or do business as such within Saskatchewan or in any wny publishes or advertises himself as such shall be guilty of an offence and on summary conviction thereof shall be liable to a penalty not exceeding $100. (2) In any prosecution under this Act or any amending Act the burden of proof as to enrolment and qualification under this Act shall be upon the person accused. R.S.S. 1909, c. 104, s. 38. 38. All penalties imposed and recovered under this Act D'»P"^'Ji9" T A 11111 1 • ic of penalties or anv amending Act shall belong to the society and form part of the funds thereof. R.S.S. 1909, c. 104, s.' 39. FUNDS OF SOCIETY. 39. All fees, dues and subscriptions payable under the Fees provisions of this Act shall be the property of the society and shall be paid to the treasurer thereof. R.S.S. 1900, c. 104, s. 40. 2134 Cap. 13.3 LEGAL PROFESSION Custody of funds 40. The funds of the society shall be deposited by the treasurer to the credit of the society in a chartered bank and shall be withdrawn only by cheque signed by the treasurer and countersigned by the president of the society or (in his absence from Saskatchewan) by one of the benchers. R.S.S. 1909, c. 104, s. 41. Expenditure ^-^ rpj^^ £^^^^|g ^^ ^j^^ socictv sliiill be disburscd and appro- priated under th(; direction of the benchers in payment of the necessary expenses of the society. K.S.S. 1909, c. 104, s. 42. Investniont of eurplug funds Purchase of libraries Borrowing powers 4^. — (1) The benchers may invest such portion of the funds of the society as are not required for the ordinary pur- poses thereof in first mortgage of real estate in Saskat- chewan, and from time to time as such securities mature may invest in other like securities. (2) Any investment heretofore made of surplus funds of the society in such mortgages is hereby declared to be, and always to have been, valid. 1915, c. 43, s. 33. 43. — (1) The benchers may expend such portion of the funds of the society as are not required for the ordinary purposes thereof in the establishment of or addition to law libraries for the general use of the members at such points in Saskatchewan as they deem proper. (2) The benchers may also pass bylaws from time to time providing for borrowing money for the purpose of the establishment of or addition to law libraries for the general use of the members at such points in Saskatchewan as they deem proper; and for issuing debentures (with coupons attached for the instalments payable thereunder) for the amount proposed to be borrowed with interest: Provided that the amounts borrowed under the provisions of this subsection shall at no time exceed in the aggi-egate the sum of $15,000 and that the same shall be made payable in consecutive annual instalments either in such manner that an equal amount of the principal together with the total interest on the y)rincipal or balance of principal remaining due shall be payable in each year of the period during which the debenture is to run or in such manner that the aggi-egate amount payable for principal and interest in any year shall be equal (as nearly as may be) to what is payable for princi- pal and interest during each of the other years of such period : And provided that the period during which the debenture is to run shall not exceed twenty years from the date of the debenture. (3) Every debenture issued under the foregoing provi- sions shall constitute a specific charge upon all the law libraries owned bv the societv at the time of the issue thereof LEGAL PROFESSION Cap. 133 2135 or thereafter acquirc^d and upon ilic gross anuuul iiiuuiuc of the society received from the members of the society for anmial certificates. (4) Such debentures shall be under the eoiniiioii seal ot the society and shall be signed by the president or vice presi- dent and the treasurer of the society. (5) No pnrehas(>r of any such debenture shall be bound to inquire iis to the application of the money borrowed thereon. (6) Any nmnicipality may invest by the purchase of any of such debentures any part of the moneys held by it to the credit of a sinking fund account which it can lawfully invest by the purchase of Dominion Government securities, school or municipal debentures; and any trustee, executor or administrator may invest by the purchase of any such debentures anv part of the monev in his hands which he can otherwise lawfully invest. K.S.S. 1909, c. 10-t, s. 43. DISCIPLINARY. 44. All barristers and solicitors shall be officers of the Ofiicprs of courts, and the Court of Appeal or the Court of King's Bench or any judge of eitlier shall possess and may exercise the same powers and jurisdiction over and in respect of such barristers and solicitors as on the sixteenth day of September, 1907, was possessed by the Supreme Court of Judicature in England over and in respect of solicitors of the said last mentioned court. R.S.S. 1909, c. 104, s. 44 (redrawn). 45. JSTo barrister and solicitor shall wilfully and know- Assisting ingly act as the professional agent of any person not duly persoM^T^*^ enrolled and qualified to act as a barrister and solicitor orP'""*'" suffer his name to be used in any such agency on account of or for the profit of an unqualified person or send any process to such person or do any other act to enable such person to practise in any respect as a barrister and solicitor knowing him not to be duly qualified. R.S.S. 1909, c. 104, s. 45, tise tion 46 (1) If, upon application to the benchers by any Disquaiifica- person concerned, sujjported by affidavit, it shall appear prima facie that a barrister and solicitor has been guiltv of: (a) professional misconduct or conduct unbecoming a barrister and solicitor ; or (h) such misconduct as would in England be sufficient to bring a solicitor under the punitive powers of the Supreme Court of Judicature ; or (c) a breach of any of the provisions of this Act or of any rule or bylaw passed thereunder ; 2136 Cap. 133 LEGAL PROFESSION Notice of proceedings to strike pff thp roll the benchers shall, by summons, call upon such barrister and solicitor to answer the charge, and upon the return of the summons hear the complainant and the barrister and solicitor and anv evidence adduced bv them. (2) Jf the benchers find the complaint well fountled they may direct that such barrister and solicitor be suspended and disqualitied from practising until the end of the next sittings of the Court of Appeal, in which event they shall report the evidence and proceedings and their judgment thereon to the court at such settings. (3) The Court of Appeal shall thereupon consider the evidence and proceedings, and it may hear the parties or their counsel in the same manner as if the application had originally been made to it and may order that the name of the accused be struck off the roll of barristers and solicitors or may suspend him from practising for such period as may be considered proper or make such other order as may seem just. (4) The benchers, instead of directing the suspension and disqualification of the accused as aforesaid, may refer the matter to be dealt with by the Court of Appeal at its next sittings, or may direct the suspension and disqualifica- tion to practise of such barrister and solicitor for a period not exceeding six calendar months without a right of appeal. 1919-20, c. 44, s. 4. 47. In case either a report or reference is made to the Court of Appeal under section 46, the court may, before dealing with the matter, order that notice of the application shall be given to such persons as it may think proper; and the persons so notified may appear in person or by counsel in the proceedings. 1919-20, c. 44, s. 5. Notice after 48, Whcuever any barrister and solicitor is struck off" the fctruck on •/ _ 'o'l roll of barristers and solicitors or suspended from practising the registrar of the Court of A]:)peal or the local registrar of the Court of King's Bench (if the suspension is by a single judge) shall certify the same under his liniid and the seal of the court to the secretary of the sociely who sliall file such certificate and shall make a note op])osite the name of such person on the said roll of his having been struck off the same or suspended (as the case may he) and in case of suspension • of the time of such suspension. R.S.S. 1909, c. 104, s. 48. Convicted •f erime Efiect of suspenBion 49. Any barrister and solicitor who has been convicted of a felony may be struck off the roll of the society or sus- pended from ])r;ictice bv resolution of the benchers. R.S.S. 104, s. 49. 1909, c 50. Upon a barrister and solicitor being struck off the roll as aforesaid nil his rights and privileges as a barrister and LEGAL PKOFESSION Cap. liiS 2137 solicitor shall cease and deterinine, and in case he is suspended he shall durinc; the period of his suspension possess no rights or privileges as a barrister and solicitor, and notice of his being struck oii" the roll or suspended shall forthwith be given by the secretary to the judges of the Court of King's Bench and the district courts. R.S.S. 1909. c. 104, s. 50." 51.— (1) The Court of Appeal may, on ap])lication made Reinstatement for that purpose and when in tlu^ opinion of such court the subsequent conduct of the barrister and solicitor and the facts warrant it, order the name of any barrister and solicitor struck off the roll to be restored thereto upon such terms as to the payment of money or otherwise as the court directs; and in such case the registrar shall certify the same under his hand and the seal of the court to the secretary of the society who shall file such certificate and make a note opposite the name of such person on the said roll of his having been i-estored thereto. (2) Notice of such application shall be given to the secre- tary of the society and such other person or persons as the court or a judge on ex parte application directs and the persons so notified may in person or by barrister and solicitor appear and oppose or consent to such apjdication : Provided that before being entitled to be restored to the roll hereunder such person whose name is sought to be restored shall pay all arrears of fees duo I)v him to the society including the fees for the period which has elapsed since he was struck off the roll. R.S.S. 1009, c. 104, s. 51. 52. Whenever a student serving under articles is found by improper the benchers after due inquiry to have been guilty of profes- st'ude^nt* °^ sional misconduct or conduct unbecoming a student at law or of having contravened any of the provisions either of this Act or of any amending Act it shall be lawful for the benchers to strike the name of such student from the books of the society ; but any decision of the benchers to so strike off the name of any student shall lie subject to appeal to a judge of the Court' of Tving's Bench. R.'S.S. 1909, c. 104, s. 52. 53. In case any ]ierson ( mdcss himself a |)laintiff or Unauthorised defendant in the proceeding) commences, ]n-osecutes or practrsing defends in his own name or that of any other person any action or proceeding in any court of civil jurisdiction, or acts as counsel or barrister and solicitor in any such action or proceeding, Avithout being enrolled as aforesaid he shall be incapable of recovering any fee, reward or disbursement on account thereof; and such person shall be deemed guilty of a contem]it of the court in which such proceeding has been commenced, carried on or defended and may be punished 2138 Cap. 133 LEGAL PROFESSION accordingly, aud such person may be proceeded against for such contempt before the Court of Appeal or any judge of the Court of King's Bench sitting in chambers. R.S.S. 1909, c. 104, s. 53. Benchers may iDstitutc proceedings 54. The benchers may institute or authorise the institution of any proceedings under this Act for any breach of its pro- visions. R.S.S. 1909, c. 104, s. 54. Suit for fees 55. ISTo barrister and solicitor nor any executor, adminis- trator or assignee of any barrister and solicitor shall com- mence or maintain any action or suit for the recovery of any fees, charges or disbursements for any business done by any barrister and solicitor as such until the expiration of one month after such barrister and solicitor, his executor, admin- istrator or assignee has delivered unto the party to be charged therevidth or sent by the post or left for him at his house, office or place of business or last known place of abode a bill of such fees, charges and disbursements which bill shall either be subscribed with the proper hand of such barrister and solicitor or of his executor, administrator or assignee (or in case of a partnership by one of the j)artners either with his own name or with the name or style of such partner- ship) or be enclosed in or accompanied by a letter subscribed in like manner referring to such a bill : Provided always that nothing herein contained shall con- fine or limit the power at present possessed by the courts in regard to the revision or taxation of a bill of costs. R.S.S. 1909, c. 104, s. 55. Taxation of bill within one month 56. Upon application to be made within one month after the delivery of a bill of fees or disbursements by any party chargeable with such bill, the court or a judge thereof shall (without any money being brougbt into court) refer the bill and the demand thereon to be taxed by the proper officer of the court for the judicial district in which any of the business charged for in the bill was done, and the court or judge making such reference may restrain the l)i'inging of any action for such demand pending the reference. R.S.S. 1909, c. 104, s. 56. Taxation of bill after one month 57. in case no application is made wn'tliin such month then the court or judge upon the application of either partr may order a reference with such directions and conditions as may be deemed proper; and may upon such terms as may be deemed just restrain any action for such demand pending the reference. R.S.S. 1909, c. 104, s. 57. Limit for taxation reference 58. iN'o such reference shall be directed upon the applica- tion of the party chargeable with such bill after a judgment has been obtained or after one month from the time such bill LEGAL PROFESSION Cap. 133 2139 was delivered, sent or left as aforesaid except under special circumstances to be proved to the satisfaction of the court or judge to whom the application for the reference is made. E..S.S. 1909, c. 104, s. 58. •>J>. Ill rase cillici- party to such reference having due ex pane notice refuses or neglects to attend the taxation the officer *""■'•'"" to wliom the reference is made may tax the bill ex parte; and, in case the reference is made upon the application of either party and the party chargeable with the bill attends th(> taxation, flic costs of the reference shall, except as herein- after provided for, be paid according to the event of the taxation, that is to say, if a sixth part is taxed off the costs shall !)(' ])ai(l by the party by whom or on whose behalf such bill was delivered and if less than a sixth part is taxed off then by the ]iarty chargeable with such bill if he applied for or attended the taxation. RS.S. 1909, c. 104, s. 59. (>0. Every oi-der for such reference shall direct the officer Order for to whom the reference is made to tax the costs of the refer- "'^''"''""' ence and to certify what upon the ]-eference he finds to be due to or from either party in respect of such bill and of the costs of the reference. R.S.S. 1909, c. 104. s. 60. 61. Such officer may certify specially any circumstances Special dr- relating to the bill or taxation and the court or judge may '=""'*^''"^^* thereupon make such order as may be deemed right respecting the payment of the costs of taxation. E.S.S. 1909, c. 104, s. r>i. fi2. Tu case the reference is made when the same is not c^^^^t^ authorised except under special circumstances as hereinbefore provided, the court or judge in making the same mav give any special directions relative to the costs of the reference. E.S.S^. 1909, c. 104, s. 62. C*^' Where no bill has been delivered and where the bill Delivery of if delivered might have been referred as aforesaid the court documents or a judge thereof may order the delivery of a bill and mav also order the delivery up of deeds or papers in the possession, custody or power of the barrister and solicitor, his assignee or representatives in the same manner as has heretofore been done in cases where any such business had bocii transacted in the said court. R.S'.S. 1909. c. 104, s. 68. 64. In proving a compliance with this Act it shall not be Proof of necessary in the first instance to prove the contents of the bill bfiT"^ °^ delivered but it shall be sufficient to prove that a bill of fees or disbursements subscribed in the manner hereinafter men- tioned, or enclosed in or accompanied by a letter as herein- after meutionod, was delivered, sent or left in manner here- 2140 Cap. l',i:i LEGAL PROFESSION iiuiftei" sft forth; but the otlier party may show that the bill so tlelivercd, sent or left was not such a bill as constituted a hona fide coinplianco with this Act. ]^S.S. 1909, c. 104, s. 04. Immediate action on bill (>.">. Xoiw iih-iaiidiuii" ihiit a reference for taxation is out- standiui!,' the court, on proof to its satisfaction that there is probable cause for believing that the party chargeable in i-espect of such bill is about to h'av(> Saskatchewan, may authorise the barrister and sulicitni' elaiiuing j)aynient of the same to forthwith commence an action tor the recovery of ills fees or disbui'seuieuts against tiie party chargeable there- with. R.8.S. 1909, c. 104, s. 05. Taxation on application of person other than principal (>(>. \\'bere any |)ei'son not being chargeabh' as the ])rin- ci])al party is liable lo jiay or lias paid any hill either to the l)arrister and solicitor, his assignee or representative or to the pi'incij)al ])arty chargeable therewith, the person so pay- ing, his assigTiee or representative, may make th(^ like appli- catiftn for a reference thereof to taxation as the party charge- able therewith might himself have made and in like manner; and the same procc^edings shall be had thereu})on as if the application had been made bv the partv so chargeable. K.S.S. 1909, c. 104, s. 66. Special cir- eumstancos (57. Tn case such application is made when under the provisions hereinbefore contained a reference is not author- ised to be made excej)t under sj)ecial circumstances, the court or judge to which or to whom the application is made may take into consideration anv .^adirional sjiecial circum- stances applicaltlo to the person makiicj; ii although such cii'cumstances might not ho a])i)licable to the party chai'geable with the bill if he was the |)artv making the ajiplication. E.S.S. 1909, c. 104, s. 67. Delivery of bin (}S. For the pur|M)se of such reference n|)on the a])plica- tion of the person not being the party chargeable or of a partv interested as aforesaid the court or judge may order the iiarrister and solicitor, his assignee or representative to deli\er to the jiarty making the application a copy of the bill on payment of the costs of the copy. Tv.S.kS. 1909, c. 104, s. 68. Retaxation (?9. Xo bill previously taxed shall be again referred unless under the special circumstance^ of tlie casc^ the coui't or indae to which or to whom anplication is imide thinks fit to diiTct a retaxation thereof. TI.S.S. 1909, c. 104, s. 69. Taxation after payment TO. The iiaviuent of any such bill as aforesaid shall in no case preclude the court oi- judge to which or to whom apjilication is made from referring such bill for taxation if LEGAL PROFEssiox Cap. 133 2141 the application is made within one month after payment, or within twelve months if the special circumstances in the case are in the opinion of the court or judge such as to require the same, the reference in either case to be on such terms and subject to such directions as to the court or jiuliic seem right. R.S.S. 1909, c. 104, s. 70. ^^' — (1) A bill of fees or disbursements shall, before signing being delivered, be signed by the solicitor claiming the same delivery and in the event of his death before the delivery thereof by°^'''" his legal representatives, and the bill shall be deemed to be delivered to the party chargeable therewith if left with him personally or sent by prepaid post addressed to him at his place of business or last known place of abode. (2) Where the bill is in respect of services or disburse- ments in any action or other proceeding in a district court the district court and the judge thereof shall have the same powers in respect of such bill as is hereinbefore conferred on the Court of King's Trench and a judge thereof. K.S.S. 1909. ('. 104. s. 71. 72. All applications made to refer anv bill to be taxed or style of for the delivery of a l)ill or for the delivery ii]) of deeds, p'"""""^'"* documents and papers shall be made '^In the mattei- of (such barrister and solicitor)"; and upon the taxation of any such bill the certificate of the officer by whom the liill is taxed shall, unless set aside or altered by order of a judge or by decree or order of court, be final and conclusive as to the amount thereof; and payment of the amount certified to be due and directed to be paid may be enforced according to the practice of the said court. R.S.R. 1909. c. 104. s. 72. SCHEDl'LE. FOR:^r A. (Serf I on 21) Vorixii Patfi;. Election of Benchers, 19 I, , of . in the Province of Saskat- <3hewan. barrister and solicitor, do hereby declare: 1. That the signature hereto is my proper handwriting; 2. That T now reside at ; 2142 Cap. 183 legal profession 3. I'liat 1 vote for the followiiii: j)crsons as Benchers of rlio liiw society: A.B. of CD. of E.F. of O.IT. . of •IK. of L.M. , of X.O. ' of !'.(,). of K.S. of T.T^ of V.W. of X.\'. of 4. That T have signed no other voting paper at this election ; 5. That the votint? paper was executed on the day of the date hereof. "Witness my hand this day of 19 CHAPTER 134. An Act respecting King's Counsel and Precedence at the Bar. H IS Majesty, by and with the advice and consent of the Lcgislat;ive Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The King's Counsel Act. si.ort ttie 2. The Lieutenant Governor in Council may by letters Appointment patent under the Great Seal a])point from the members of the bar of Saskatchewan residing in the province such persons as he may deem fit to be during pleasure provincial officers under the names of His Majesty's counsel learned in the law for the Province of Saskatchewan. R.S.S. 1909, c. 105, s. 1. 3. Except a person who holds or has held the office of i^'"''''af!.""s i J;^ on appoint- Attorney General or Solicitor General of Canada or Attorney ments General or Deputy Attorney General for Saskatchewan, no person shall be appointed who has not been entitled during ten years to practise in the superior courts of the United Kingdom of Great Britain and Ireland or of any province of Canada or of the North-West Territories or for a portion of such period in one and for the remaining portion of such period in the other or others of the said courts. 1912, c. 42, s. 17; 1913, c. 67, s. 18 (redrawn). 4. The following members of the bar of Saskatchewan Precedence shall have precedence in the courts of the province in the Officials at f. n • T the bar lollowmg order : 1. The Attorney General for Saskatchewan for the time being ; 2. Members of the bar of Saskatchewan who have filled the office of Attorney General of Canada or of Attorney General for the Korth-West Territories or of Attorney General for Saskatchewan according to seniority of appoint- ment as such Attorney General ; 3. The members of the bar of Saskatchewan who have filled the office of Solicitor General of Canada. R.S.S. 1909, c. 105, s. 3. 5. Members of the bar of Saskatchewan from time to time Precedence appointed by the Lieutenant Governor in Council to be His counsfi at Majesty's counsel learned in the law for Saskatchewan shall **'*' ^^"^ severally have such precedence in the said courts as is assigned to them by the Lieutenant Governor in Council under the Great Seal. R.S.S. 1909, c. 105, s. 4. 2144 Cap. 134 king's counsel r/b7r1r°ters ^* "^^^ rcuiaiuiiig members of the bar shall as between themselves have precedence in the sai. c. 105, s. 5. ^o'S '^- ^^othing in this Act contained shall in any wise affect or alter any rights of precedence which may appertain to any member of the bar when actinc: as counsel for His Majesty or for any Attorney General of His Majesty in any matter de])endin2: in the name of His ]\[ajesty or of the x\ttorney General before the said courts, but such right and precedence shall remain as if this Act had not been passed. K.S.S. 1909, c. 105, s. 6. H CHAPTER 135. An Act respecting the Medical Profession. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Medical Profession Act. short title R.S.S. 1909, c. 106, s. 1. COLLEGE OF PHYSICIAIN^S AND SURGEONS. 3. The Colleae of Physicians and Snriieons of the Prov- incorporation '^ , *-- 01 college ince of Saskatchewan hereinafter called "the college" is continued as a body corporate with power to acquire, hold and dispose of real and personal property for its corporate purposes. R.S.S. 1909, c. 106, s. 2 (redrawn). 3. All persons at present registered as members of the Constitution college, and such other persons as may from time to time be registered under the provisions of this Act, shall be mem- bers of the college. R.S.S. 1909, c. 106, s. 3 (redrawn). 4. — (1) There shall continue to be a council of the college Councu (hereinafter referred to as the council) consisting of seven members to be elected as hereinafter provided. (2) No person shall be elected a member of the council unless he is a member of the college actually resident within the medical division for which he is elected and unless his fees are fully paid up. R.S.S. 1909, c. 106, s. 6. •5. Of the members of the council one member shall be Electoral elected from each of seven medical electoral divisions con- sisting of certain electoral districts as described in The Legislative Assembly Act, chapter 4 of the statutes of 1906, as follows : Division No. 1 comprising the electoral districts of Battleford. Redberry, Prince Albert, Prince Albert City, Kinistino ; h'.i....o-, Division No. 2 comprising the electoral districts of Batoche, Rosthern, Saskatoon; ..ii'/ f If ( Division No. 3 comprisins; the electoral districts of Hiifti- boldt. North Qu'Appelle, Yorkton, Saltcoats; ''' Division No. 4 comprising the electoral distr^cf.^j (p'f ^^ple ti-^dmsu Creek, Moose Jaw, Moose Jaw City; , frwibom rfoRo „'•/■ .•.(■nfn 2146 Cap. 135 MEDICAL PROFESSION Voter.s' (.lualilicMlion Division No. 5 comprising the electoral districts of South Rogina, Regina City, Lumsden ; Division No. comprising tho electoral districts of South (^u'Appelle, Wolseley, Souris; Division No. 7 (•(.iii|iiising the electoral districts of Gren- fell. Wliitewood, Moosomiu, Cannington ; The boundaries of the said divisions are subject to change at any time by the eouneil. R.S.S. r.)00, e. i06, s. 7. <>. 'The jH'i'soii^ cjititlcd to vote for any member of the council for any medical division shall be only such members of the eoll{\oe as are actually resident within such division and whose fees -.wr fully paid up. R.S.S. 1000. e. 106, s. 8. Elections Voting |)Mper Voting Scrutineers T. The election of the members of the council shall be under the management of the registrar of the council and such election shall be held at such time and place as shall be determined by the council. R.S.S. 1909, c. 106, s. 9 (redrawn). H. At Icasl one month }>rioi' to the day fixed for the election the registrar shall mail to each member entitled to vote a complete list of all persons in his medical division who are qualified for election under this Act together with a voting pajHT Cform A). R.S.S. 1909. c. 106, s. 10. IK K\erv meuibcr desii'ini;' to vote shall write on such voting paper the name of the person for whom he votes, subscribe his signature thereto and return such voting paper to the registrai- in a sealed envelope marked "voting paper," and only such voting pajiers as are received by the registrar up to and including th(> day of election shall be counted by him. R.S.S. 1000, e. 106," s. 11. 10. l^\n- the ])urpose of every election the council shall appoint two persons to act as scrutineers. R.S.S. 1909, c. 106, s. 12 (redrawn). Otlicrs present Votes eoiintod Members eleoted 11. .\n\ |ici-son entitled to vote at any election shall be entitled to be present at the oi»ening of the voting papers :,t such .'l.'ction. R.S.S. 1909. c. 106, s. 13. 12. At the hour of two o'clock in tlu^ afternoon of the (lav succeeding the day of election, llie voting pai)ers shall he opened by the registrar in the presence of the scrutineers who shall scrutinise and count the voles, nnd n record thereof shall he ke))t hv the registrar in a proper book to he provided hv t1,e coun.Mh R.S.S. 1000. c. 106, s. U. 13. The i)erson who has the highest number of votes in each medical division shall be the member of the council MEDICAL PROFESSION Cap. 135 2147 for that division for tlic three years followinc; the date of sueh election and until his sneoessor is elected. R.S.S. 1009, «. 106, s. 15. 14. Ill case two or more ])ersoiis in ;inv medical division Ecmaiity of ' votos receive an equal ninuher of votes the scrutineers shall forth- with write upon separate slips of paper the names of such persons and put sucli papers in a box or other receptacle, and the registrar in the presence of the scrutineers shall draw by chance from such box or receptacle one of the said papers and the person whose name is upon such })aper shall be declared' a member of the council. R.S.S. 1009, c. 106, s. 16. 15. — (1) In case any member entitled to vote complains Errors in to the registrar in writing of the improper omission or insertion of any name on the list, it shall be the duty of the registrar forthwith to examine into the complaint and rectify tlie error, if any there be. and to advise the com- plainant of his decision in writing by post within three days after receiving the complaint. (2) In case any person is dissatisfied with the decision of the registrar he may appeal to a judge of the Court of King's Bench provided that such appeal is lodged with the judge at least fifteen days before the day on which the ■election is to be held. (S) The judge shall decide the appeal in a summary way and he may direct such notice of the time and place for hearing the a])peal as he deems necessary to be given to such person as he may specify. If it is necessary to hear evidence on such appeal it may be given viva voce under oath or by affidavit as the judge directs and the decision of the judge shall be final and the list shall remain or be altered in accordance with such decision. U.S.S. 1909, <;•. 106, s. 17. 1<>. The list so made out shall be held to be the register Corrected list of ])('rsons entitled to vote at the ensuing election, and no person shall be entitled to vote whose name is not upon such list. K.S.S. 1909, c. 106, s. 18. 17. The council mav make such regulations not contrary Prof^dings to the provisions of this Act as they deem expedient for the procedure in respect of such elections. R.S.vS. 1909, c. 106, s. 19. 18. The votinir papers returned at any election shall iiot Disposition be destroyed until after all petitions in respect of such elec- papers tions have been decided, but shall, together with all other papers in connection with the election, be retained by the registrar. I^.S.S. 1909, c. 106, s. 20. 2148 Cap. 135 MEDICAL PROFESSION Election priptested Pptition Inquiry 1J>. Xo petition against the return of any member shall be entertained unless it has been filed with the registrar and a copy tliereof served upon the member whose elcetion is disputed within sixty days of the date of the election, and the petition shall contain a statement of the grounds on which the election is disputed. Iv.S.S. 1909, c. 106, s. 21. ^O. in the event of any such petition being filed and served it shall be lawful for the other members of the council to hold an inquiry and decide which person has been legally elected and such person shall be a member of the council ; if upon such inquiry the election is found to have been illegal the council shall order a new election. R.S.S. 1909, c. 106, s. 22. " '^"''^''"°" 21. In case of the failure in any election under this Act to elect the required number of duly qualified members of the council or in the event of a vacancy occurring from death, resignation or any other cause it shall be the duty of the registrar to hold a new election for the vacancy as soon as possible and such elections shall be conducted in the manner hereinbefore provided. R.S.S. 1909, c. 106, s. 2,3. Election of officers Executive committee TRKSIDENT AND OFFICERS ; ^lEETIXGS OF THE COUNCIL. 22. — (1) The council shall elect annually from among its members a president, vice president and an executive committee of at least three; it shall also appoint a registrar who shall be a member of the college but not of the council ; and it shall have power to appoint such other officers includ- ing a board of examiners as are necessary to carry out the provisions of this Act. (2) There shall be paid to the registrar and officers appointed by the council such salaries and rennmeration for travelling and other expenses as are fixed by bylaw or resolu- tion of the council. E.S.S. 1909, c. 106, s. 24. 33. The executive committee may be called together by the registrar at any time between meetings of the council to take cognisance of and action upon all such matters as are delegated to it by the council or as require immediate inter- ference or attention and any action taken by the committee shall be reported to the next ensuinir meeting of the council and shall be valid until so reporU^d when the council may deal with the same as it deems expedient ; luit the committee shall have no non-er to alter, repeal or snspenrl anv 1n-law of the conncil. K.S.S. 1909, c. 106. s. 2.^. Meetings of COUIK-il 24. TJic council mav make rules and regulations as to the times and places of its meetings and the mode of summon- incT the same, which rules and regulations shall remain in MEDK AL PROB^ESSION Cap. 135 2149 iorce iiiiiil ;ilt(n-ed; ami in the absence of aiiv such rule or reg:iilation it siiall be lawful for the president or, in the event of his absence or death, for the vice president to sntnnion the same at such time and place as to him seems fit. K.S.8. 100i», c. 106, s. 26. 25 — (1) In the event of the absence of the president from Acting any meeting the vice president or in his absence some other '^'°'" ^""^ member to be chosen fi-oni the nunnbers present sliall a<*f as president. (2) Fonr membei-s of the council shall form a quorum. Quorum (3) All acts of the council shall be decided by a majority casting vote •of those present, and in the event of an equality of votes the president for the time being shall have a casting vote in addition to the vote he is entitled to as a member of the council. R.S.S. 1909. c. 106, s. 27. 26. There shall be paid to members of the council such Remuneration fees for attendance and such reasonable travelling expenses as may from time to time be fixed by bylaw or resolution passed by the said council. E.S.S. 1909,' c. 106, s. 28. REGTSTR.\TION. 27. I'he council shall cause to be kept by the registrar a Register of hook to be known as the register in which shall be entered "'*'"' ^" the name of everv person entitled to be registered according to the provisions of this Act, and those persons onlv whose names are inscribed in the register and who are not under suspension by the council shall be deemed to be qualified and licensed to practise medicine, surgery and midwifery in the province except as hereinafter provided, and such reaister shall be at all times open and subject to inspection bv anv person. R.S.8. 1909, c. 106, s. 29". 28. The council shall admit upon tbe register of physi- J;'''^emi)ec. oians and surgeons, and shall issue the necessary license (form B), to: (a) every person whose name is fully registered as a medical practitioner in the Canadian Medical Register kept by or under the authority of the medical council of Canada, under the provisions of chapter l-TT of The Revised Statutes of Canada WOC), and amendments thereto: Provided that every person so qualified and applying for registration under this Act shall pro- duce to the registrar a certificate under the hand of the Registrar of the Medical Council of Canada, certifying that he is duly registered in the said Canadian Medical 'Register, shall prove to the satisfaction of the council that he is the person 2150 Cap. 185 MEDICAL PROFESSION named in such certificate and is in good standing as a medical practitioner, and shall pay to the registrar tlic foo for registration provided for in this Act ; (h ) any person who is dnly registered by the General ^redical Council of Great Britain upon payment by him of the registration fee and upon his furnish- ing to the council satisfactory evidence that he is so registered and that he is of good character; (c") any person who has been certified by the Registrar of the University of Saskatchewan as having satisfactorily passed the examination hereinafter mentioned for physicians and surgeons and pro- duces to the council of the college satisfactory evi- dence of his identity as being the person so certi- fied, as well as evidence of his good character and who pays to the registrar the fee for registration provided in this Act. 1917 (sess. 2), c. 35, s. 2 (redrawn). Examinations "ii). — (1) The University of Saskatchew'an shall hold two regiilar examinations each year, in accordance with such regulations as may be prescribed for the purpose by the Senate. The examination shall be conducted by examiners appointed by the university. The university shall consult with the council concerning suitable persons to examine in the subjects required of candidates for license as physicians and surgeons. (2) The fee for the regular examination shall be $50, and the fee for a supplemental examination shall be $20, these fees to be paid in advance to the registrar of the university. 1017 (sess. 2), c. 35, s. 3. Conditions of admission lH). — (1) Every ap[)licant, in order i (1 DC admitted to the regular examination, shall file with the Kegistrar of the Uni- versity of Saskatchewan satisfactory evidence of identity, good moral character and preliminary education, and a diploma or diplomas of graduation from a school, college or university recognised by the University of Saskatchewan, the requirements of which were at the time of granting such diploma or diplomas not loss^ than those required under this Act. (2) In addition thereto each iipplicant for a license to practise as a physician and surgeon, who graduated after the twenty-seventli day of May, 1915, shall produce satisfactory evidence that he has attended a course of study in medicine, surgerv and midwifery extending over a period of five years and embracing at least six months of each year. 1917 (sess. 2), c. 35, 3. MEDICAL PROFESSION Cap. 185 2151 31. — (Ij Application for admission to the regnlar Application examination shall he made on a blank furju to be snpplied on admission application to the registrar of tlie university, and shall be filed with the registrar at least two weeks before the time fixed for the examination. (2) Each application shall be accompanied by the exami- nation fee of $50, and shall contain such information con- cerning the preliminary education aud the course of medical study as the Senate of the University of Saskatchewan may l)y resolution prescribe. 1917 (sess. 2), c. 35, s. 3. 3^ — (1) xipplicants for registration as physicians and ^;^^^i^"jj*|t?|„ surgeons shall be examined upon the following subjects: anatomy, physiology and histology, materia medica and pharmacy, medical jurisprudence and toxicology, including chemistry, sanitary science and hygiene, surgery, obstetrics, gyn£Ecology, pediatrics, principles and practice of medicine, pathology and bacteriology and therapeutics, (2) The foregoing subjects may be changed from time to time by the senate of the university after consultation with the council. 1917 (sess. 2), c. 35, s. 3. 33. The council mav at anv time direct the name of any Removal of person improperly registered to be erased from the register hni^roperiy by the registrar and such name shall be so erased. K.S.S. 1900. c. lOr., s. 31. t 34. The registrar shall keep his register correct in accord- J^^f^^^'af ance with the" provisions of this Act and the rules, orders and reg-ulations of the council, and he shall from time to time make the necessary alterations in the addresses or qualifications of the persons registered under this Act and shall perform such other duties as may be imposed on him by the council. R.S.S. 1909, c. 106, s. 32. FEES. 35. The fee for registration under this Act shall be fifty Registration dollars. R.S.S. 1909, c. 106, s. 34. 36. Each member shall pay to the registrar, or to any Annual fee person deputed by the registrar to receive it, such annual fee as may be fixed by bylaw of the council towards the general expenses of the'college which fee shall be payable on the first dav 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 costs of suit in the name of the college : Provided that the council may bv resolution remit any annual fees due to the college by any member who is or has 2iry2 Cap. 135 MKUICAL PROFESSION KeKulatiiiK rogister Other powers ol council been resident out of the province during the period in respect of which such fees became pa_vabk>. R.S.S. 1000, f. IOC, s. 35. GENERAT, POWERS OF TITF OOFNCIL. .'>"<. The council shall as occasion may require make orders, regulations or bylaws for regulating the register to be kept by it under this Act. R.S.S. 1000. c. 106, s. 36; 1017 (sess. 2), c. 35. s. 4. 38 — -(1) The council may make, alter or amend and repeal rules and regnlations for the well being and discipline of the council, the conduct of its affairs, the promotion of medical and surgical knowledge and the disposition of the funds of the council, provided such vu1(>s and reiiiilations are not repugnant to this Act. (2) The power to make, anicnil, alter and repeal rules and regulations concerning the disposition of the funds shall extend to the nuikiiig, altering, amending or reiu'aliug rules and repilations providing for relief and assistance out of the funds of the college to indigent or sick memlx^rs of the college, or for the burial of such persons and for the relief and assistance of their wives or families. (3) Any moneys paid out of the funds of the college for any such purposes, if yiaid in conformity with rules and regulations for the time being in force, shall be deemed to have been properly mid legally paid. (4) The said i-ulcs and regulations may include ])rovisions for the lew and collection of an annual fee, not to exceed $10 from each meniher of the college, to provide additional funds for the above purposes. (5) The council may order to be paid out of any funds of the college for all members of the college in good standing the annual dues of such members to The Canadian Medical Protective A ssoci at ion . (sess. 2), c. 35, s. 5. R.S.S. 1900, c. 106, s. 37: 1917 Discipline ■committee Investigation of ohnrges IiIS(IPI,I.\APV. 39. The council .shall appoint and shall maintain for the purposes hereinafter named a committee of its own body if* 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 office of such committee. R.S.S. 1000, c. 10(i, s. 3S. 40 (1) The discipline committee shall investigate, on a written order of the council, the facts recrarding any mem- ber of the college convicted of an indictable offence or who is known or repcu-ted to be guilty of or who is charged with unbecoming, improf>er or criminal conduct, professional or MEDICAL PROFESSION (^'ap. 135 2153 other, aud if tho eonnuittec considers the offence warrants it it shall direct the coimcil to erase the name of such mem- ber from tlu> register and the conneil shall order the registrar to strike the name of snch p(!rson from the register as afore- said and lie shall do so. (2 ) rile I'ollowini; conduct is h(n-(?by d(!clared to be unbe- coming and improper: (a) wilful betraviil of a professional secret; (b) abandonment of a patient in danger without suffi- cient cause, and without giving him an opportunity to retain the services of another physician; (c) giving a false certificate respecting birth, death, the notice of disease, state of health, vaccination or disinfection, or respecting any matter relating to life, health or accident insurance; {d) dividing between physicians or between physician and druggist, any fees or profits that may result from either consultations or surgical operations, without the patient's knowledge and consent ; (e) the habitual abuse of alcoholic liquors or narcotics; (f) the impersonation of another licensed practitioner. - R.S.S. 1909, c. 106, s. 39; 1917 (sess. 2), c. 35, s. 6. 41. If the committee considers tl^at the offence is not of ?^j^'2;ied such gravity or importance as to warrant the person's name being erased from the register it may suspend such person from the privileges of a registered practitioner for such time as it may think fit and order the council to have their find- ing Carried out ; and the council shall suspend the offender from the privileges of a registered practitioner ; any person who has been suspended under this section may appeal to a judge of the Court of King's Bench as provided for in section 52 for those whose names are erased. , R.S.S. 1909, c. 106, s. 40. 43. The executive committee of the council under this Preliminary 1 .1 •,. ^• L- £ j-l investigation. Act may, and upon the written application ot any three by executive members to the council shall, make a preliminary inquiry '^°™"" into the facts regarding such conduct of any members as is set out in section 40 and if the facts ju?^tify a reference to the council for a more thorough and complete investigation the executive committee shall make such reference and the council shall order an investigation by the discipline com- mittee as heretofore provided. R.S.S. 1909, c. 106, s. 41. 43. The council or executive committee may demand fj^°/'^ *° from anv partv renuestins: an investigation before uudertak- investigation. ' ~ ' . . expenses ing same a reasonable nniount as a rleposit to rover th(> costs 21.")4 Cap. 135 MEDICAL PROFESSION Rpfiind Name erased frnin register Ucsliration of iianii.' and expenses of such investigation, and in case the complaint is found to he frivolous or vexatious such deposit may be ai)plied to cover the expenses of the invest i.sat ion otherwise the deposit shall be returned to the party making it. R.S.S. 1909, c. 106, s. 42. ■44. The council may order to be paid out of the funds at its disposal to any person against whom a complaint, which is found t(^ be frivolous or vexatious, has been made, such costs as ii (U-ems just. ll.S.S. 1909, c. 106, s. 43 (redrawn). 45. When the name of any member is erased from the register by the direction of the council 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 Court of King's Bench. R.S.S. 1909, c. 106, s. 44. 46. The council may direct the registrar to i-estore to the register any name or entry erased therefrom, cither without fee or on payment of such fee not exceeding the registra- tion fee as the council may fix and the registrar shall restore the same accordingly. R,!!s.S. 1909, c. 106, s. 45. Legal or other assistanro 47. The discipline committee appointed under section 39 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 they think necessary iuid the person whose con- duct is the subject of inquiry shall also have the right to be rciTCsented bv'couiince and reply. R.S.S. 1909, c. 106, s. 48. -Attendance of witnesses .50. For the purpose of procuring the attendance and evidenc(> of ;i witness before the committee a judge of the MEDICAL PROFESSION Cap. 135 2155 Court of Iviiig's Bench may on the application of any party to the inquiry order the clerk of tlie Court of King's Bench to issue a writ of subpwna ad leslificandum or a writ of subpcena 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. R.S.S. 1909, c. 106, s. 49. .■>!. In the event of the nonattendance of the person whose Absence of 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 inquiry and without further notice to such person make a report of their findings or take such other action as they are authorised to do under this Act. R.S.S. 1909, c. 106, s. 50. 53. Any person whose name has been ordered to be erased J,^';y appeal from the register may appeal from the decision of the coun- »- i'"iee cil to a judge of the Court of King's Bench at any time within six months of the date of the order; 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. E.S.S. 1909, c. lOG, s. 51. 53. The appeal may be to him by motion, notice of which Appeal is shall be served upon the registrar and shall be founded upon ' ^"™""'"* a copy of the proceedings before the committee, the 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. R.S.S. 1909, c. 106, s.^ 52. 54. No action shall lie against the council or committee Piouotion of for any proceedings taken or judgments given or enforced committee under the disciplinary provisions of this Act. R.S.S. 1909, c. 106, s. 53. RIGHTS OF MEDICAL PRACTITIOJN'ERS. 55. Everv person registered under the provisions of this mnuts of .1 o T1 1 -11 • registered Act and not under suspension shall be entitled to practise pray inedieine, drugs or any form of treatment, influence or iip])Iinnce for hire, gain or hope of reward shall he guilty of an offence and upon summary conviction thereof be liaMe to a penalty not exceeding $100. Iv.S.S. 1909, c. 106, s. 64. False pretences Fnlse title Prosecution and penalty Onus of proof Limitation of prosecutions Permits to practise <>(>. Any person who falsely pretends to be a physician, doctor of medicine, surgeon, practitioner or healer of the sick or assumes any title, addition or description othei- than he actually possesses and is legally entitled to under this Act shall be liable upon summary conviction thereof to a penalty not exceeding $50. R.S.S. 1909, c. 106, s. 65. 07. Any person not registered pursuant to this Act who takes or nses any name, title, addition or description imply- ing or calculated to lead people to infer that he is registered under this Act or that he is recognised by law as a physician, surgeon or licentiate in medicine, surgery or midwifery shall be liable upon summary conviction to a penalty not exceeding $100 nor less than $25. R.S.S. 1909, c. 106, s. 66. 68. Any prosecution under this Act may be brought and heard before a justice of the peace; the justice may in any conviction under this Act provide that in case the penalty and costs awarded or either of them are not paid forthwith the offender shall be committed to the common gaol there to be imprisoned for any term not exceeding one month unless the penalty and costs are sooner paid and for a second offence a term not exceeding two months and for a third offence a term of not less than three months and not exceed- ing one year. R.S.S. 1909. c. 106, s. 67. (>9. Tn any prosecution under this Act the l)ur(len of pi-oof of reaist ration or nonsuspcnsion shall be u})on the l)erson charged. R.S.S. 1909, c. 106, s. 68. 70. Every prosecution under this Act shall be commenced within six months from the date of the allea-ed offence. R.S.S. 1909, c. 106, s. 69. 71. jSTotwithstanding anything contained in this Act it shall be lawful for the medical council to issue permits to persons, who do not possess all the qualifications required by this Act to entitle them to be admitted to the practice of medicine in Saskatchewan, to practise medicine in any or all its branches in any particular locality in the jirovince where in the opinion of the council in \i(nv of the scarcity of duly qualified practitioners such persons should be author- ised to }u-ac(i) ; and such sum shall in e\-ery case be forwarded to tlie Provincial Treasurer to be applied towards the sujiport and maintenance of the public hos))itals in ?>as- katchewan. Pt.S.S. 1909, c. 107, s. 8. Security for burial 9. Every medical practitioner wishing to avail himself of the benefits of sections 2 to 8 shall appear before a justice • it' the peace and iiive security himself in tlie sum of one hundred dollars iind i wo sureti(^s in the .■^llnl of tifty tloUars each for the decent interment of the bodies after they have ser\'<'d the purposes ;intliori-e(l by this Act. Tt.S.S. 1000. c. 107. s. 10. , SniEDULE. FOTJAF A. (Section S) Piece ived from Coroner, (or personfi, etc.) the bodv of (liorc f/ire /xniiridars of the nqr. ftex. hirlliplace (tiid ihde of cleafh of deceased) for the ])urpose of dissection ;in'l anatomical iustructiou. T);iied the ; Land Surveyors. I -^ .M;ij(St_v. l)v mid with tlic ailvicc and consent of tho l.fiiislati\('Asscnd)l\(>f Saskatclicwan.f'uac'ts as follows: SIIOKT rriLK. Short title 1. I his Ac\ may be; cited as The ^asLalcheiran Land Surreyor.s Act. 3 913, c. 24, s. 1. INTERPRETATION. Interpretation 2. Ill this Act, uiiless the coiitext otherwise requires, the exjiression : "Association" ]. " Associatioii" meaiis the Saskatchewan Land Surveyors Association ; 2. ''Board" means the board of examiners appointed by the executive council for the examination of candidates for admission to practise as Saskatchewan land surveyors; ;5. ''Council'' means the executive council of the associa- tion ; 4. "Saskatchewan land survey(.r'' moans any person regis- t(!red as such under the })rovisions of this Act; 5. "Secretary'' or "secretary treasurer" means the secre- t;iry treasurer of the association; 6. "President" means the president of the association or the officer ])resi(lini»- for the time beini^ at any ffeneral meeting of tho association. 1913. c. 24, s. 2. 'Board" "Coiiiioil' "Saskat- chewan land surveyor" "Secretary," "secretarj- treasurer" "President" Saskatchewan Land Surveyors Association Power to hold real estate SASK ATCliKWAX I.AM) SI' U V KYORS ASSOCIATION. •{. rhe association of Saskatchewan Land Surveyors here- tofore incorporated is hereby continued under the name of "The Saskatchewan Land Surveyors Association," and all present members of sncli association and all other ])ersons who shall hereafter be duly registered shall, while so regis- tered, hr members of and form The Saskatchewan Land Surveyors Association, and the said association shall be a l»od\- politic and corporate. 1913, c. 24, s. 3. L i'he said association shall ha\e power to acquire and hold real estate not producing at any time an annual revenue in excess of $5,000 and to alienate, mortgage, lease or other- wise charge or dispose of such real estate or any part thereof as occasion may require; and all fees, fines and penalties receival)le and recoverable under this .\ct shall belong to the association. 1013, c. 24, s. 4. LAND SURVEYORS Cap. 137 2165 5. — (1) The said association may pass bylaws not i neon- Bylaws sistent Avith the provisions of this Act for: (a) the government, discipline and honour of its mem- bers ; (h) the management of its property; (c) the maintenance of the association by levying con- tributions or otherwise: Provided, however, that no such levy shall in any year exceed a total of $20 for each member; (d) the examination and admission of candidates for the study and practice of the profession ; (e) all other purposes reasonably necessary for the management and working of the association. (2) All bylaws shall be prepared and passed by the executive council hereinafter provided, and shall before becoming effective, subject to the provisions of subsection (3), be ratified by the association at the annual general meeting or at a special general meeting to be called for the purpose. (3) The association at any annual or special meeting may pass resolutions for the guidance of the council in the preparation of bylaws, which resolutions may be either imperative or advisory or both, and any bylaw prepared and passed by the council in accordance therewith and not inconsistent with the provisions of this Act shall become effective on the passing thereof or according to the terms and conditions recited therein. 1913, c. 24, s. 5. 6 — (1) There shall be an executive council for the Kxecutive f 1 . . • f 1 • 1 council management oi the association, to consist oi tne president, vice president, secretary treasurer, and four other members to be elected and hold office as hereinafter provided. (2) Due notice of each meeting of said council as provided by bylaw shall be given by the secretary to each member thereof, and also to such members of the association as have business therewith, by mailing said notice to the registered address of each person to be notified nt least two days })revious to the time of such meeting. (3) 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 at all meetings of the council ; and the council at the first meeting thereof following the annual election of officers for the association shall appoint such other officers as are necessary for carrying out the pro- visions of this Act, and such other officers shall hold office durinc: the pleasure of the council. (4) At any council meeting except where questions of discipline ni-o to bo decided, three shall form a quorum, and 2166 Cap. 137 LAND SURVEYORS FuDCtiODB of council all matters shall be decided by a majority of the votes of the active members of the council present, the chairman voting only when the votes are evenly divided, but questions of discipline shall be decided by a majority of votes of the entire council. (5) In the case of the resignation, death or dismissal of the president, vice president or any elective member of the council, the other members may choose a successor to fill for the unexpired portion of his term the vacancy so caused. 1913, c. 24, s. 6. T. The functions of the council shall be: (a) to maintain the discipline of the nienibers of the association ; (6) to prevent and heal misimderstandings between such members and to hear and decide complaints and accusations preferred by third parties against them in relation to their professional conduct; (c) to prepare and pass bylaws of the association; (d) to draw up an annual report on the operations of the association for submission to the annual general meeting, such reports to be in the form of the minutes of all meetings of the council during the preceding year. 1913, c. 24, s. 7. Association meetings Election o( ofiBcers 8 — (1) The annual general meeting of the association for the transaction of business and election of officers and members of council shall be held in the city of Regina on the first ]\ronday in March in each year, at such place and hour as the council may appoint, and may be continued from day to day as may be found necessary. Due notice of such meeting shall be given by the secretary to each member of the association by circular letter mailed to his registered address at least two weeks previous to such meeting. (2) Special general meetings of the association may be called when deemed necessary by the council or on a written request of ten members, addressed to the secretary treasurer, setting forth the reason and object for such special meeting; the secretary treasurer shall thereupon give at least six days' notice of such meeting to each member of the association by circular letter mailed to his registered address, setting forth the object of the meeting. (3) Ten members at any general meeting shall form a quorum. 1913, c. 24, s. 8. 9. At each annual meeting of the association there shall be elected a president, vice president, secretary treasurer, two auditors and two elective members of the executive council, the two elective members of council to hold office LAND SURVEYORS Cap. 137 2167 for a term of two years or until their successors shall be elected, and the other officers to hold office for one year or until their successors shall be elected; and the secretary treasurer shall be the secretary of the executive council. 1913, c. 24, s. 9. 10. All elections under this Act shall be by ballot if Baiiot demanded and in manner according to the bylaws of the association : Provided that each person elected shall have at least a majority of the votes cast at his election. Retiring officers may be re-elected. 1913, c. 24, s. 10. 11. When a ballot has been demanded the president shall Scrutineers forthwith appoint two scrutineers to receive and count the ballots ; in the event of an elector placing upon a ballot paper more than the required number of names in any case, the first names only, not exceeding the required number, shall be counted; upon completion of the scrutiny the president shall forthwith declare the result of the election and the secretary shall cause the names of the officers elected to be published in the next ensuing issue of The Sashatcheivan Gazette. 19).S, c. 24, s. 11. 12. No ])erson shall be qualified to vote at an election Qualification or be eligible for election or appointment to any office or position within or by the association or the executive council or to hold any office or to fill any vacancy unless all his fees have been. paid and he is duly qualified under the provisions of this Act and the bvlaws of the association, 1913, c. 24, s. 12. ' , 13. In the case of any doubt or dispute as to who has Disputes been elected to an office or as to the legality of an election the officers Avhose election is undisputed shall form a com- mittee to hold an inquiry and decide the question in issue; the persons whom they find to have been elected shall be deemed to have been legally elected, and if the election is found to have been illegal thev mav order a new election. 1913, c. 24, s. 13. EXAMINATIONS. examiners 14. — (1) The examination of candidates for admission Board of to study or to practise as Saskatchewan land surveyors shall '"'*"""'"■' be under the control of the board of examiners. (2) The board shall consist of three members, and the secretary of the association shall act as secretary of the board, (3) The members of the board shall be appointed by the council and hold office during the pleasure of the council. 2168 Cap. l.*3 7 land suuvKYOits (4) Each luonibcr nl' ilio board before assuming the duties of an examiner shall take and subscribe an oath of office (form A) before a notarv public or commissioner for oaths, which uatli shall be filed with the secretary and kept with the records of the board; and two members of the board shall t'onii a quorum. (T)) The buariiall as often as is found necessary elect one of its members as its chairman, and shall have power to make rsdes and regulations subject to tho provisions of this Act and the bylaws of the association for the conduct and management of examinations, and shall, annually, prior to the annual meeting, and whenever else recpiired by the council make a report in writing to the council of the results of tli(^ exiiininations. (G) Examinations of candidates for admission to study or practise as Saskatchewan land surveyors shall be held in the city of Regina on the first ]\ronday in Eebruary in each yenr. 1013, c. 24. s. 14. f][*nmrnati..iis ^^' Special examinations for admission to practise as a surveyor maj' be held at any time at the discretion of the board on payment of a fee not exceeding fifty dollars in the case of one candidate nor less than twenty-five dollars each in the case of moi'e than one candidate, in addition to the regular fees prescribed by this Act. I!ll3, c. :24, s. ir». Aseistants j^f}^ ^^^^ couucil uiav also appoiut competent persons to assist the board of examiners in any of the subjects of examination, and shall fix the fees and expenses to be paid for such assistance; or the council may make such ai'range- ments with th(> Eniversity of Saskatchewan as are dcM'med advisable* and advantageous for the examination of candi- dates by the university in any subject or jun-tion thereof forming part of the course of instruction required for either preliminary or final examination of candidates for commis- sions as SaskatcheM'an land surveyors. 1013, c. 24, s. 16. AUTicm-:]) PUPILS. ArtK-ied piipii> 17. '^q persou shall be admitted as an articled i)ui)il with any land surveyor unless he has previously passed an examination to the satisfaction of the board of examiners in penmanship, orthography, English comjiosition, grammai", arithmethic (including square and cube roots), the nature and use of logarithms, algebra (including quadratic equa- tions), plane geometry (including the first four books of Euclid and deductions), plane triaononietry, spherical trigo- nometrv (as far as the solution of triauiiles), mensuration of superficies, practical geometry (incliuling the use of ruling pen and the construction of piniii jind eomimrative scales), LAND SURVEYORS Cap. 137 2169 . — (1) The council may in its discretion fine, suspend, or fine and suspend, m- dismiss from the association any land surveyor guilty of negligence or misconduct in the execution of the (hities of his office. C2) The (•(•uiu'il shall not tak(! any such action until a complaint under oath has been filed with the secretary treasurer and a copy thereof forwarded In the party accused, except in a nnitter which has transpired or been brought to light by testimony under oath before the board of examiners when a foi-mal complaint in writing signed by the chairman or two members of the board shall be a sufficient ground of action. (3) The council shall not suspend or dismiss a land surveyor without having previously summoned him to appear to be heard in his defence. U(U' without having heard any eviended or disjuissed may, within thirty days after llie order or resolution of suspension or dis- missal, np])eal to a jud^e of the Court of King's Bench from such ordei' or resolution, giving seven days' notice of appeal to the council, and may require the evidence taken to be filed Avitli tile yiroper officer of the court, whereupon such jiulge shall decide the matter of the appeal upon the evidence so filed and confirm or set aside such suspension or dismissal as to him seems just, without any further right of appeal. Tf the suspension or dismissal is confirmed, the costs of such appeal shall be borne by the surveyor. 1013. c. 24, s. 29 (2). 31. T^nless the order or resolution of suspension is set asid(^ on such a])peal. or the judge or the council othei'wise order, the surveyor so suspended oi' dismissed shall not practise further. exce]>t fin cfise of suspensioiT) ni)on expii-y of the peiiod of susi-yension. Pendini:' an appeal the surveyor so susuended or dismissed shall not ]iractise. 1013. c. 24. s. 20 r3). LAND SURVEYORS Cap. 13 7 2173 3*erson who wilfully procures or att('irn)ts to pro- '":''^« cure registration under this Act by making or producing or causing to be produced or made a false or fraudulent repre- sentation or declavahon, either verbal or in writing, that he is entitled to such registration, shall be liable upon snnnnary conviction to a fine of not less than $2.") and not more than $100. and in default of payment to imprisonment for a period not exceeding six months unless such fine and costs be sooner paid ; and the council shall remove the name of the ofFeufler from tlio reaister. 1913. c. 24. s. 33. aration 3T. Tf the secretary shall wilfully make or cause or allow w ifui To be made any falsification of the register, he shall be liable bVsecr upon summary conviction to a fine of not less than $2r) nor 2174 Tap. i;{7 LAND SURVEYORS iimrc ihiiii $1\i(l((l that ill the case of any person wliosc naiiic does ntJt ajjpcar in sueli <'oi)y, a certified <"<>iiv nmlcr the hand i>l the secretary of the entrv of tlie name ot such person in I lie register shall he evidence that he is a rcLiistereil and (hilv authorised siirvevor under this Act. IIM-'I, c. I'i, s. 11. t. ANNUAL FEES. Annuaifes 4.'>. Mverv laiul survcvor shall pay to the secretary treasurer or to some 1.3. c. 24, s. 42. .\..npay.nci.t ^(« ^^j j^^^^. j.^^^j surveYor who omits to pay his annual fee to the association on or before the fifteenth day of March shall be disentitled to the rights and privileges conferred by tliis .\ct while su(di omission continues, and he shall he liable to the penalties imposed herein upon persons practising as land surveyors without being duly (lualified to do so. (2) The secretary shall give notice on the first day of February, and a further and final notice on the first day of March, in each vcar. to each member in arrc^ars, that unless his fees are paiil on or before the fifteenth day of ]\[arch his name will not apjiear on the annual register and he will not he eiiiitled to tile rights and privileges conferred by this Act. (3) If the c°' be paid to the secretary treasurer of the association to be applied in accordance with such regulations as are made by the council for defraying the expenses of registration and other expenses incurred in carrying out this Act. 2178 Cap. 137 LAND SURVEYORS Secretary treasurer'M duties Restoration Burveys (2) The council shall have power to invest in the name of the association any sum not expended as above in such secur- ity as may be approved, and any income derived from invested moneys shall be addod to and considered as part of the ordiuarv income of the association. (3) The association may also use surplus funds of invested capital for the rental or purchase of land or premises or for erecting buildings to serve as offices, examination halls, lecture rooms or library, or for any other public purpose connected with land surveying. 1913, c. 24, s. 48. 52. The secretary treasurer of the association shall give notice of all meetings of the association or of the executive council and of the board, and take and enter the minutes and transactions of all such meetings and enter a true account of money received and paid by him under the Act in proper books provided for the purpose; his accounts shall be audited by the auditors and submitted to the council and the association at such time or times as they require; he shall give a bond of security satisfactory to the council, shall have charge of the records, documents and other property of the association not especially placed in charge of any other person and shall perform such other rlutio? a? the council may prescribe. 1913, c. 24, s. 49. 53. ISTothing in this Act shall apply to restoration sur- veys or resurveys of land in the province made by Dominion land surveyors under the authority of any department of the Government of Canada. 1913, c. 24, s. 52. SCHEDULE. FORM A. {Section IJi) Examiner's Oath of Office. I, A. B. of having been appointed a member of the board of examiners for the examination of candidates under The Sasl-atchewnn Land Surveyors Act do solemnly swear (or solemnly declare and affirm, as the case may he) that I will faithfully discharge the duties of such office according to law, witliout favour, affection or partiality. So help me God. (Omit last four words when party affirms.) Sworn (or affirmed) before me j at in the Province of [ Saskatchewan this day of ^r^^^^^;^;,^ " '^j 'Examiner. ' 19 . J LAND SURVEYORS Cap. 137 2179 FOKM B. {Section 17) Certificate of Preliminary Examination. This is to certify that A. B. has passed the preliminary examination prescribed in The Saskatchewan Land Sur- veyors Act. In witness whereof we, the chairman and secretary of the board of examiners of the Saskatchewan Land Surveyors' Association have signed this certificate and affixed the seal of the association at the city of Eegina in the Province of Sas- katchewan this dav of 19 . Chairman. Secretary. FOKM C. (Section 19 (3) ) Articles of Pupil to Sasicatchewan Land Surveyor. Articles of Agreement made the day of one thousand nine hundred and Between A. B., of in the Province of Saskatchewan, Saskat- chewan Land Surveyor, of the First Part, and C. D.. of in said province and E. F., son of the said C. D., of the Other Part; The said E. F. of his own free will, and by and with the consent and approbation of the said C. D. doth by these presents bind himself pupil to the said A. B. to serve him as such from the day of the date hereof for the term of three years hence next ensuing and fully to be complete and ended. And the said C. D. doth hereby covenant with the said A. B. that the said E. F. shall well, faithfully and diligently, according to the best of his power, serve the said A. B. as his pupil in the practice or profession of a Saskatchewan Land Surveyor, and shall continue with him from the date hereof to the 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, spoil, destroy, waste, embezzle, spend or make way with any books, papers, writ- ings, documents, maps, plans, drawings, field notes, moneys, chattels or other property of the said A. B. or of any of his employers; and that in case of breach of this covenant or if 2180 ("ap. 137 LAND SURVEYORS the said .1 . B. sliall suffer any loss or damage by the luis- behavioiir. iici;lect or imi)roj)er conduct of the said E. F. tlio said ('. JK wil] indoiiiiiify the said A. />. :ind make piod and reimburse him ihi- aiiiuimt thereof. And further, that the said A'. F. shall at all times keep the secrets of the said A. l>. in all matters relating- to the said business and profession, and will at all times during the said term lie just, true and faithful to the said -1. J^- and from lime lo liiiif pay all inoiicvs which \\o shall receive of or belonging to >>v l>y the order of the said -I. />. into his hands, and make and give Inic aii. at all tinu^s for and during the said term as a failhfnl ]iupil onglil to do in tlie mannei- above specified. In consideration whereof and of of lawful money by the said '". />. to the said .\. B. paid at or before the sealing and delivery of these presents (the receipt whereof is hereby acknowledged) the said A.B. doth coven- ant with the said ('. D. that he the said .1. B. will accept and take the said B. I'\ as his impil and that Ik^ will by the best means he can and to the utmost of his skill and know- ledge, throughout the said leiin of three years, teach and instru.ct or cause to be taught and instructed the said Ji. F. in the course of study jjrescrihed by section 20 of The SasVal- ^ chewan Land Surveyors Act in practical surveying opcu-a- tions and in the use of instruments and generally in the art, practice and profession of a Saskatchewan laud surveyor; and will i)rovide the said F. F. with all the necessary and reasonable expenses inrui-red in transacting or performing the business of the said .1. />'. and will at the expiration of the said term make the affidavit of service required by sec- tion 22 of The Sashalcheiran LuikI Surrei/ors .\rl and use his best nu>ans and endeavours, at the request, cost and charges of the said f. D. and E. F. or either of them, to cause and procure iiiiii the said E. F. to be examined before th(^ board of examiners of candidates for commissions as Saskatchewan laud sur\<'Ndi's, prov ided the said E. F. shall have well, faithfully and diliiicntly serxcd his said intended iHipilaue. LAND SURVEYORS Cap. 137 2181 And for tlic ix'i-formance of the covenants and agreements aforesaid, each of them the said A. B. and C. D. doth bind himself, ]iis heirs, executors, administrators unto the other, his lieirs, executors, administrators and assigns in the penal sum of five hundred dollars tirmly by these presents. In witness whereof the parties hereto have hereunto set their hands and seals the dav and year first above written. .Signed, sealed and delivered In the presence of G. H. J. K. A. B. (Seal) 0. D. (Seal) E. F. (Seal) FOE]\r D. {Section 22) AFFrDAvrr of Survfyoi;. I, .4. B., of , in the Province of Saskatchewan, Saskatchewan land surveyor, do solemnly swear that E. F. lias served regularly and faithfully as my pupil from the day of 10 , to the ' day of 19 ; That he 'has been engaged with me in the field on the following surveys, that is to say {A general def Signed and sealed in the presence of ^4. B., C. D. and \ E. F. J Affidavit of Justification. X Dominion of Canada : Province of Saskatchewan Judicial District To wit : surveyor, make oath and say as follows We, C. I), of and E. F. of (give name, residence and calling) the sureties mentioned in the foregoing {or within) bond or covenant, of and for one A. B., Saskatchewan land I, the said C. D. for myself and I, the said E. F. for myself say that I am seized and possessed to my own use in real and personal estate situate and held within the Province of Saskatchewan of the actual value of $1,000 over and above all liens and incumbrances upon the same and above all exemptions to which I am by law entitled and after payment of all my just debts. Sworn before me at in the Province of Saskat- chewan, this day of f '"• ^^- (Seal) A.D. 19 . J E- P- (Seal) A Commissioner for Oaths, Justice of the Peace, Notary Public, etc. 2184 Cap. 137 LAND SURVEYORS (Section 28) Omii uf Office. T, , of . in the I'rovince of Saskat- chewan, clu solciiiiilv -Weill- [nr nlliiiii, as the case may be) that I will faithfullv dix-liar-c ilic dutios of a Saskatchewan land surveyor accordiiii: to ilic law without favour, affection or partiality. So liflp nic God. Sworn before me at in the Province of Saskal- chewaii. lliis day ot 10 . J A Commissioner for Oalhs. -I iisiice of the Peace. Xohtri/ ruhJIc, etc. FORM I. {Section SJf) Register. Name Residence or P.O. address W hen ceas-| „,, When I 4 When ed Remarks ^'ai amc FORM J. (Section J^S) SrK'VKVoi;"s A.N.M AT. ]vi:(;iSTEK. Hcsideiici' ( )lli('r professional (jralificatioiis Hcniarks CHAPTER 138. An Act to incorporate the Institute of Chartered Accountants of Saskatchewan. HIS Majesty, by and with the advice and consent of the Leo'isiative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Chartered Accountants Bhovt th\e Act. 2. The Institute of Chartered Accountants of Saskat- incorporatioD chewan, hereinafter called "the institute," is continued as a body corporate and politic. R.S.S. 1909, c. 109, s. 1 (redrawn). 3. — (1) The institute shall be composed of the present Membership members and such persons as become members under the provisions of this Act. (2) The members shall consist of two classes, namely, fellows and associates. R.S.S. 1909, c. 109, s. 2; 1912-13. c. 46, s. 28 (redrawn). 4. — (1) The institute may acquire, hold and dispose of and Real estate invest- ments such real property not exceeding in annual value $5,000 and such personal property as is required for its corporate pur- poses, but shall not engage in trade or deal in lands or any interest therein. (2) The institute may apply moneys derived from fees, voluntary contributions or donations from members or others towards its maintonanco and the objects for which it has been established. (3) The institute may invest its funds in the bonds and debentures of any incorporated loan company doing business in Saskatchewan, or of any municipal corporation or in any Government securities of Canada or Saskatchewan. R.S.S. 1909, c. TOO. >. 4 f redrawn). 5 (I) The institute is empowered: ' powers' (a) io ])romote and increase by all lawful means the knowledce, skill and proficiency of its members in all things relating to the business or calling of an accountant, and to that end to establish classes, lectures and examinations and prescribe such tests of competency, fitness and moral char>icter as are iliouo'ht expedient to qualify for iidmission to membership; 2l8b Cap. 138 chahterei) accountants (b) to grant diplomas to members enabliiiii,- them to use the distinguishing letters "C.A." (chartered accountant) as a certificate of membership and competency ; (c) to hold examinations and grant certificates of com- petency as bookkeepers to such persons as desire to come before the institute for examination, for which examination it shall be entitled to charge a fee of $10. '"'*■■' (2) Every member of the institute may use after his name, if he is a fellow, the initials ''F.C.A.," signifying "Fellow of the Chartered Accountants," and, if he is an associate, the initials '''A.C.A.," signifying "Associate of the Chartered Accountants." R.S.S. 1909, c. 109, s. 5 ; 1912-13, c. 4fi, s. 29 (redrawn). Annual (J. — / ;][ N ^j^ aunual 2;eneral meeting shall be held once in each year, at such time and place as the council of the institute shall direct and subject to such regulations as may be ]n-ovided by the bylaws of the institute, for the election of the council and the transaction of such business as may be brought to the meeting. (2) In case the annual general meeting is not held at the time appointed, it may be held subsequently, under a bylaw of the institute passed for the purpose. In such case the retirins; officers and the council shall continue to act until their successors have been duly appointed. 1913, c. 53, s. 1 (redrawn). Council T. The affairs of the institute shall be managed by a council of seven members elected as in section 6 provided, and the council shall from its members elect a president, vice president, secretary and treasurer, the same ]icrson being eligible for both the last mentioned offices, and may appoint , such other officers as may be provided for by the bylaws of the institute. All vacancies which may occur among the officers of the council by reason of death or otherwise in the interval between two annual meetings may be filled by the council. 1913, c. 53, s. 1. ^y'^"" 8. The institute in general meeting assembled or at a special meeting called for that purpose may make bylaws for the government of its members and the carrying out of its objects, and in the fulfilment of its powers the council may from time to time repeal, amend or re-enact the same; but every such bylaw and every repeal, amendment or re-ennctment thereof, unless in the meantime confirmed at a special meeting of the institute called for that purpose, shall have force onlv until the next annual meeting of the CHARTERED ACCOUNTANTS Cap. 138 2187 institute and in default of confirnuitioii thereat shall at and from that time only cease to have force. R.S.S. 1909, c. 109. s. 8; 1912-13, c. 46, s. 30. 9. — (1) The council of the said institute shall cause to be Membership kept by the secretary or registrar a register in which shall be entered in alphabetical order the names of all members in good standing; and those members only whose names are inscribed in the register shall be deemed entitled to the privilege of membership in the institute, and such register shall at all times be subject to inspection by any person free . of charge. (2) Such register or a copy of the same or an extract therefrom duly certified by the secretary or registrar shall be prima facie evidence in all courts and before all persons that the persons therein specified are members of the institute in good standing, and the absence of the name of any person from such register shall be prima facie evidence that such person is not a member of the said institute. 1912-13, c. 46, s. 32. 10. No member shall be personally liable for any debt l^^^l^^^^ °^ of the institute beyond the amount of his unpaid fees or subscription as aforesaid. R.S.S. 1909, c. 109, s. 9. 11. The institute may expel any member for misconduct Disciplinary or violation of the bylaws of the institute on complaint made in writing and after inquiry into the same. R.S.S. 1909, c. 109, s. 10. 13. If any member during his lifetime ceases to be a Membership ■, »,.. 1 in ini' withdrawal member oi the institute he shall not nor shall his represen- tatives have any interest in or claim against the funds or property of the institute in respect of his membership. R.S.S. 'l909, c. 109, s. 11. 13. The institute may charge such fees as may be approved ^''^'^ by the Lieutenant Governor in Council. R.S.S. 1909, c. 109. s. 12. 14. — (1) It shall not be competent for anv person who i-'iise '' orctGncG of is not a member of the said institute to pretend to hold, membership take or use any name, title, addition or description implying that he holds a diploma or certificate from the said institute or to falsely represent or use any title representing that he is such. (2) No person shall be entitled to take or use the desi2;na- tion of "Chartered Accountant" or the initials "F.C.A." or "A.C.A." either alone or in combination with any other words or any name, title or description implying that he is a chartered accountant or any name, title, initials or descrip- 2188 Cap. 138 CHARTKHED ACCOUNTANTS tiou iiiiiilviini thai he is ii certified accountant or an iiu-ur- poratod accountant unless he is a member of the said institute in good standing and registered as such. R.S.S. 1909. c. 109, s. IH: l!tl2-13, c. 4G, s. 31. Penalty Appropria- tion ir>. Kverv person who contravenes any of the provisions of section 14 sliall for (nory contravention incur a penalty of $r>0. R.S.S. 1909, c. 109, s. 14. 1<». The penalty imposed ujion any such conviction shall he forthwith paid over one half to the institute and the other half to the Provincial Treasurer, the latter amount to form part of the consolidated fimd of Saslsatchewan. H.S.S. 1909, c. 109, s. 15. Recoverable by suit IT. The penalty imposed by section 15 may be recovered with full costs of suit in the name of The Institute of Chartered Accountants of Saskatchewan in the proper district court. R.S.S. 1909, c. 109, s. 16. Rights of nonmembers IS. Nothing in this Act shall affect or interfere with the rii^hts of any person not a member of the institute to practise as an accountant in Saskatchewan. 1912-13, c. 46, s. 32. CHAPTER 139. An Act respecting The Saskatchewan Association of Architects. H IS Majesty, by and with the advice and consent of the LegislativeAssembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The SasJmtcheivan Architects shon Act. 1910-n, c. 30, s. 1. ^'*' INTrjRPRETATlON. 3. In this Act, unless the context otherwise requires, the interpretatior* expression : 1. "Architect" means any person wdio is engaged for hire, "Architect" gain or hope of reward in the planning or supervision for others of the erection, enlargement or alteration of buildings by persons other than himself; but does not include a draughtsman, student, clerk of works, superintendent or other employee of a registered architect acting under the direction and control of his employer, or a superintendent of buildings paid by the owner thereof acting under the direction and control of a registered architect ; 2. "Buildinc" means a structure consisting of foundation,"'*"'''''"^'" walls and roofs, with or without other parts. 1010-11^ c. 30. s. 2. ASSOCIATION AND COUNCIL. 3. The Saskatchewan Association of Architects is hereby rncorporatioo continued as a body politic and corporate, liorcin called "the association." 1910-11, c. 30, s. 3. 4. Every j^ersron registered under tbo ]U'ovisions of this Membership or any former Act shall be a mend^or of the association. 1910-11, c. 30, s. 4. 5. There shall continue to be a council of management Council of the association to be constituted in the manner hereinafter mentioned and herein referred to as "the council." 1010-11, c. 30, s. 5. 6.- — (1) The council shall continue to consist of seven Council, how members ; one of such members to be a member of the faculty of the University of Saskatchewan and the remaining six to bo architects residing' in Saskatcbowan who have been 2190 Cap. 139 ARCHITECTS Election of members practising the profession of architecture for at least three years before the respective dates of their election or appoint- ment. (2) Any five members of the council sluill form a quorum. 1910-11, e. 30, ss. G and 7 (in part). T. The member of the council who is a member of the faculty of the University of Saskatchewan shall be appointed by the Lieutenant Governor in Council. All other members shall be elected by ballot in such manner as may be provided by the bylaws of the association at the annual meeting of the association or at a special meeting called for that pur- pose, and the members obtaining the greatest number of votes shall be declared elected. 1910-11, c. 30, s. 9. Quaiiticution g. "^q persou shall be eligible for election to the council of riu'iiiberri ' '-' p i or qualified to fill a vacancy thereon, or to vote tor members thereof, unless duly qualified under the provisions of this Act and the bylaws of the association. 1910-11, c. 30, s. 10. Term of office Vacancies 9. Elected members of the council shall hold office for the term of three years except as hereinafter provided, two of such members retiring each year. 1910-11, c. 30, s. 11 (in part). 10.— (1) In case of the resignation or death of an elected member or of a number of elected members of the council not exceeding three, the other members may fill the vacancy so caused until the next annual meeting, provided such meeting is not to be held within a period of three months after the vacancy occurs. (2) In ca.se of the resignation or death of four or more elected members of the council, the president or vice president of the association, or in case of their or either of their default for a period of ten days any five members in good standing, may call a special meeting of the association upon a notice of not less than ten days for the purpose of filling the vacancies so caused. (3) In case of an election to fill the vacancies referred to in sul3section (2), the member receiving the highest number of votes shall fill the vacancy which will require the longest time to expire, and so on until all the vacancies are filled. (4) For the pur|t()S('s of this section the expression "elected member" includes a person who has taken the place of an elected member under the provisions of this section. 1910-11, c. 30, P. 12 (amended). Dinputcd election 11. In case of any doubt or dispute as to who have been elected members of the council or as to the legality of the election of a member, the remaining members may as a ARCHITECTS Cap. 139 2l9l committee inquire and decide who have been legally elected, and the persons, if any, whom they decide to have been elected shall be deemed to have been legally elected, and if an election is found to have been illegal the committee may order a new election. 1910-11, c. 30, s. 13. OFFICERS. 12. The council shall annually elect from its members Election a president and two vice presidents, and shall appoint a secretary and a treasurer and such other officers as may be necessary for carrying out the provisions of this Act. The appointed officers shall hold office during the pleasure of the council, and shall be officers of the council as well as officers of the association. 1910-11, c. 30, s. 19. 13. The council may fix by bylaw the salaries or fees to Salaries 1)6 paid to such officers and to examiners appointed under the provisions of this Act. 1910-11, c. 30, s. 20. MEETINGS. 14. Meetings of the association and of the council shall be held at such times and places as may be fixed by the bylaws of the association or council respectively, and, in the absence of any rule or regulation on the subject, the president or in the event of his absence, resignation or death, the secretary may, by circular letter mailed to each member of the association or of the council, as the case may be, summon a meeting at such time and place as to him seems meet. 1910-1], c. 30, s. 14. 15. At all meetings the president for the time being shall ''-""^^° have a casting vote only. 1910-11, c. 30, s. 17. 16. In the event of the absence of the president from awho^to^^ meeting, either of the vice presidents or in their absence meeting some member to be chosen from the members present shall act as president. 1910-11, c. 30, s. 15. 17. All questions submitted to the association or the ^"•'"g council shall be decided by a majority of the members present, not being less than five in number in case of the council and ten in case of the association. 1910-11, c. 30, s. 16. 18. There shall be paid to the members of the council founcTnoM"^ such fees for attendance and such reasonable travelling expenses as may be fixed by bylaw passed by the association at the annual meeting. 1910-11, c. 30, s. 18. 2192 Cap. 131> AU( UITECTS POWERS OF THE ASSOCIATION. Property xj). ■^'l^^. ;,s;?f members iiinl students Annual fee Removal of names from register REGISTRATION. '-i**. Nothing in this Act .4iall aiifhorisc the association to impose anv fees higher than the following: Admission as student associate $30 Each examination 10 Student's annual fee 5 Admission to practice 25 Member's annnal fee 15 Fines 10 1910-11, c. 30, s. 36. SEAL. Architect'! teal 33. Every architect registei-ed in art'ordance with the provisions of this Act shall have a seal the expression of which shall contain the name of the architect, his place of business and the words ''Registered Architect. Saskatche- wan," with which ho shall stamp all working drawings and specifications issued from his oflice for nso in Saskatchewan. 1910-11. 0. 30. s. 37. . I'lioinHrnoxs a\i> pkxai.iiks. Unauthorised persons supplying plans, otc. Use of title "architect" Penalty Burden of proof 34. — (1) Any ])erson who, not being an architect and registered under this Act, supplies, for hire, jrain, or hope of reward, ])lans. Mueprints or specifications for use in the erection, enlargement or alteration of a building not being built or to be built for himself or by himself as contractor for another person, shall be liable on summary conviction to a fine not exceeding $25 for a first oflFence and not exceedinc: $100 for every subsequent offence, and he shall be incapable of recovering any fees, reward or disbursements on account thereof. (2) No unregistered person shall advertise, use or display any sigTi, card or other device representing that he is entitled to practise as an architect. (3) Any unregistered person so representing himself shall be liable, upon summary conviction, to a fine not exceeding $25 for the first offence and not exceeding $100 for every subsequent offence. (4) Tn any prosecution hereunder the burden of proving registration shall rest upon the accused. 1,910-11, c. 30, s. 29: 1915. c. 43. s. 29. ARCHITECTS Cap. 139 2197 EETUENS. 35. The secretary shall whenever required by the Lieu- Returns tenant Governor in Council so to do transmit to the Pro- vincial Secretary a certified return under the seal of the association setting forth all such information and particulars relating to the association as may from time to time be required or asked for. 1910-11, c. 30, s. 38. CHAPTER 140. H An Act respecting the Dental Profession of Saskatchewan. IS Majesty, by and with the advice and consent of the Le^^islativo Assembly of Saskatchewan, enacts as follows: Sliort title College of Dental SuFKeons SHORT TITLE. 1. This Act may be cited as The Dental Profession Act. R.S.S. 1909, c. 108, s. 1. 3. — (1) The College of Dental Surgeons of Saskatchevvaii is continued as a body corporate with power to acquire, hold and dispose of real and personal property for its corporate l)urposes. (2) The college shall consist of its present members and those who may hereafter become members in accordance with the provisions of this Act. RS.S. 1909, c. 108, s. 2 (redrawn). QUALIFICATION OF MEMBERS. Membership 3^ -pj^^ followiug porsous shall be entitled, upon payment of the proper fees, to be registered as members of the college and to receive licenses (form A) to practise dentistry and (lontal surgery: (a) any person who, having been articled to and employed by a member of the college, has served the term and passed the examinations required by the bylaws, rules and regulations of the college; (6) any person who is a graduate of any school or college of dentistry in any of the provinces of Canada having authority to grant licenses or diplomas to practise dentistry and dental surgery, or is a graduate in dentistry of a Canadian Uni- versity, and who, having produced such evidence of his qualifications as the council may require has passed the final examination required for registration under this Act; (c) any person who is a member or graduate of an association, school or college in the United King- dom of Great Britain and Ireland, empowered to gi-ant a license or diploma to practise dentistry and dental surgery, and who satisfies the council of his qualifications and passes the final examination prescribed for registration ; DENTAL PROFESSION Cap. 140 2199 (d) an J graduate of a school or college of dentistry in the United States of America recognised by the University of Saskatchewan, who satisfies the university of his qualifications and passes the final examination prescribed for registration ; (e) any person who produces a certificate of qualifica- tion from the Dominion Dental Council to practise dentistry and dental surgery, and with it satisfactory evidence that such certificate has not been revoked. R.S.S. 1909, c. 108. s. 3; 191Y, c. 20, s. 2 (redrawn). 4. No person shall be registered under the provisions of ^j^'^'^^^^'^^^^e °' this Act unless he satisfies the council that he is a person oi^'"^^&^ good character and is of the full age of twentv-one years. R.S.S. 1909, c. 108, ss. 4 and 5 (redrawn). COUNCIL OF THE COLLEGE. 5. The business of the college shall continue to be trans- CmpositioD acted by a council of five members in good standing resident ° '^°""''' in the province at the time of their election, who shall hold office for a period of two years from the date of their election or until their successors are elected. R.S.S. 1909, c. 108, s. 6 (redrawn). 6. The annual election of members of the college shall be Annual held at such time and place as arc decided upon by the coun- cil, of which election one month's notice in writing shall be given to each member of the college whose name appears on the last annual register of 7upmbers. R.S.S. 1909, c. 108, s. 8. 7. The persons qualified to vote at the annual election of ^"'''''" members of the council shall be the members of the college who at the date of such election are residing in the province and whose names appear on the last annual reo;ister. R.S.S. 1909. c. 108, s. 9. 8. Every member desiring to vote at an election of mem- voting bers of the council shall write on the voting paper, which shall be in form prescribed by the council, the names of the persons for whom he desires to vote, subscribe his signature thereto and return such voting paper to the secretary in a sealed envelope marked "voting paper" ; and only such voting papers as are received by the secretary up to the hour fixed for holding the election shnll bo oounted bv him. R.S.S. 1909. c. 108, s. 10. ■J 9. The ballots so cast shall at the hour fixed for holding Counting the election be opened and counted bv the members of the^^""*^ 2200 Cap. 14:0 DENTAL PROFESSION Equality of votes council whose term of office has not expired and the required number of members receiving the highest number of votes cast shall be declared elected; all members of the college shall be entitled to be present at the counting of such ballots. R.S.S. 1909, c. 108, s. 11. 10. In the event of two or more candidates at any elec- tion receiving an equal number of votes, the president shall determine which of said members shall be elected, and on the occasion of the first election shall determine in the event of an equality of votes being received by two or more mem- bers which of said members shall be elected for a term of two years and which for a term of one year. R.S.S. 1909, c. 108, s. 12. . . Spoiled bsllots 11. In the event of a member voting for a gi-eater num- ber of members of the council than the number required to be elected, his ballot shall be deemed to be spoiled and shall not be counted. Spoiled ballots shall be placed in a separate envelope and delivered to the secretary who, on the expira- tion of one month from the date of election, shall destroy the same. E.S.S. 1909, c. 108, s. 13 (redrawn). Disposition of ballot papers 12. The members of council counting the ballots shall, after the ballots have been counted and the result declared, place all the ballots in an envelope, securely seal the same and deliver it to the secretary who shall retain it for one month and shall, at the expiration of that time, if no pro- ceedino's are taken in the meantime to set aside the election, destrov the ballots. R.S.S. 1909, c. 108, s. 14 (redrawn). bSHs'"" ^ ^^' -^^.y iiiember ]> resent at any election may object to any ballot cast at such election on the gTOund that the person casting the same is not qualified to vote, and all such objec- tions shall be determined by the members of the council counting the ballots, and such members of the council may make any such inquiries and take such evidence as may be necessary to satisfy themselves as to the right of the member casting said ballot to vote at such election and in the event of their deciding that the person casting the ballot was not entitled to vote such ballot shall be forthwith destroyed. R.S.S. 1909. c. 108, s. 15. Reeignations j4. A member of the council may at any time during his term of office resign his membership in the council by notice in writing directed to the secretary. R.S.S. 1909, c. 108, s. 16 (redrawn). Vacancies 15. In the event of a vacancy occurring in the council in consequence of the resignation or death of a member or his permanent removal from the province the remaining mem- DENTAL PROFESSION Cap. 140 2201 bers shall at the tirst meeting of council, after such vacancy has occurred, elect a member of the college to fill the vacancy for the remainder of the term of the person who resigned, died or removed. R.S.S, 1909, c. 108, s. 17 (redrawn). 16. The secretary of the council shall publish in the first ^pp|?^„"' issue of The Saskatchewan Gazelle after the annual election of members of the council, or after any meeting at which a member has been elected to fill a vacancy, a notice giving the names of the person or persons elected. R.S.S. 1909, c. 108, s. 18 (redrawn). 1'^' — (1) Any member of the college desiring; to contest S'""/-®**^'' 1 1*1' /■!• c ^ election tne validity of an election of members of the council may. within ten days from the date of publication of the notice referred to in section 16 petition a judge of the Court of King's Bench, praying that the election may be set aside. (2) The judge shall thereupon appoint a time and place for hearing and determining the matter complained of and shall, upon hearing the parties and the evidence adduced, decide the matters in question, aiid his decision shall be final. (3) The judge shall in dealing with such petition have all the powers which may be exercised by him when sitting in court. R.S.S. 1909, c. 108, s. 19. OFFICERS. 18. The officers of the college shall be a president, a vice i^'ection of president and a secretary treasurer who shall be elected by ° the members of the council from their number at the first meeting thereof held after the annual election and who shall hold office for one year or until their successors are elected. R.S.S. 1909, c. 108, s. 20. MEETINGS. 19. The council shall hold at least two meetings in each Meetings year at such times and places in the province as the members of the council may determine. R.S.S. 1909, c. 108. s. 21. 30. The council shall have power to conduct final or inter- Powers mediate examinations of students and applicants for registra- tion and to transact such other business in connection with the college as may properly be brought before them. R.S.S. 1909, c. 108. s. 22. . ' 31. The council shall not transact business at any meet- Quorum ing at which less than a majority of the members of the council are present. R.S.S. 1909, '^c. 108, s. 23. 2202 Cap. 1-40 DENTAL PROFESSION POWERS. tiom andTeguin-'* '^*'^' ^'^^ couiicil may uiakc such bylaws, rules and regula- tious as are necessary for carrying out the provisions of this Act and for the guidance, government, discipline and regulation of the college and its members, including rules of professional ethics : Provided that no bylaw, rule or regulation shall prevent a licensed practitioner who has paid his annual registration fee, from advertising in his own name, or that of a firm to which he belongs, the professional qualifications of himself, his partners and associates, or from offering his or their services to the public by means of advertisements. Nor shall any such bylaw, rule or regulation restrict the manner, form or amount of such advertising; Provided further that no member of the college shall either directly or indirectly publish or circulate any fraudulent or misleading statement as to the methods of any person or operator, or advertise in any other manner with a view of deceiving or defrauding the public, or use, or advertise as using any drugs, material, medicine, formula, system or anaesthetic which is either falsely advertised, misnamed, or not in reality used, or in any advertisement state fees for materials or services. 191Y, c. 20, s. 8. Admission of students 23. — (1) The University of Saskatchewan, shall have authority to make regulations respecting the matriculation or preliminary examination of students entering upon the study of the profession of dentistry and to accept in lieu of such matriculation or preliminary examination any other satisfactory examination and the council shall have authority to determine the period for which such students shall be articled to and employed under a member of the college. (2) The University of Saskatchewan shall have authority, after consultation with the council, to prescribe the curricu- lum for students and the examinations to be passed to entitle them to registration, and to make rules and regulations for the conduct of such examinations. R.S.S. 1909, c. 108, 9. 25; 1917. 0. 20, s. 4 (redrawn). MaminnttonT '^^^ The matriculatiou or preliminary examination pro- vided in section 23 shall be passed by all persons applying to be admitted as stiulents of dentistry prior to becouiin^ articled to any member of the college : Provided that a certificate from any university in Canada or from any university in the United Kingdom of Great Pritain and Ireland, that the applicant has passed the matriculation examination prescribed by the curriculum of nnv such university, or a certificate from the University of Saskatchewan that the applicant has presented a certificate approved by the university that he has passed an examina- DENTAL PROFESSION Cap. 140 2203 tion accepted by the university as the equivalent of the matriculation examination herein mentioned, shall be accepted in lieu of the preliniinarv examination or matric- ulation required by this Act. R.S.S. TOGO. c. 108. s. 26; 1917. c. 20. s. 5. examinatioti-i ^5. The matriculation or preliminary examination for Date of the admission of students sjiall be held at such times and places in each year as may be determined by the university and all persons desiring to be so examined shall notify the registrar of the university of his desire to be examined and pay to the registrar of the university the fees required for such examination. E.S.S. 1900. c. 108. s. 27; 1917, c. 20, s. 6. 26. The University of Saskatchewan shall also ^^^^otc^dtdlte" power to examine candidates applying for a license under the provisions of section 3 and after consultation with the council, to make all regulations necessary for the conduct of such examinations and to appoint such times and places therefor as they deem fit. E.S.S. 1909, c. 108, s. 28; 1917, c. 20, s. 7. FEES. 21. Every person who is desirous of taking any examina- i^ayment of tion other than the matriculation or preliminary examina- tion shall notify the registrar of the university and shall pay to him the fee required for such examination. 1917, c. 20, s. 8. examiners 38. The university may. after consultation with the Board of council appoint a board of examiners to examine all candi- dates. The board shall be governed by the regulations of the university in that behalf adopted after consultation with the council, and shall report the result of such examinations to the registrar of the university and to the council. 1917, c. 20, s. 9. 29. — (1) The council may fix and determine the annual^*** registration fee to be paid by the members of the college. (2) There shall he payable by students and persons apply- ing for a license the following fees and no others: (a) to the registrar of the University of Saskatchewan for each matriculation or preliminary examination, $10: (h) to the registrar of the University of Saskatchewan for each professional examination, $.35 ; (c) to the council for registration, $.^)0. R.S.S. 1909, e. 108, s. 81 : 1917. c. 20, s. 10. 2204 Cap. 140 DENTAL PROFESSION Salaries R6gi8t«r Appeal to council 30. The council mav fix the sahirv or rcumneration to be paid or allowed to the officers of the college and to the members of the council for attendance at the meetings thereof and to the board of examiners in respect of the services to be performed bj them in connection with the holding of examinations as hereinbefore provided. K.S.S. 1909, c. 108, s. 32. EEOISTRATION. •51. The council shall cause to be kept by the secretary a register (form B) in which he shall enter the names of the present members of the college and of all persons who having complied with the provisions of this Act and of the rules, regulations and bylaws made thereunder are entitled to receive a license, and those persons only Avhosc names are inscribed in such register shall receive the annual license as hereinafter provided. Such register shall be open to inspection at all times. E.S.S. 1909, c. 108, s. 33. 33. Every person who applies to have his name entered in the register may appeal to the council of the college from any decision of the secretary and the council shall hear the appeal and determine the matters in question. R.S.S. 1909, c. 108, s. 34. Deposit of articles Annual registration fee 33. — (1) Every person articled to a member of the col- lege shall, within one month after entering into his articles of indenture, deposit with the secretary treasurer of the college a cop- of the articles and the secretary treasurer shall thereupon enter the names of such person in the register of students (form E) as a student in dentistry, (2) Every student whose articles of indenture are assigned, shall, within one month after the date of the assicnmient. (lo])osit with the secretary a copy thereof and the secretary shall note in the register of students the date of the assignment and the name of the member of the colleg<^ ro whom the articles have been assigned. R.S.S. 1909, (redrawn). 108, s. 35 34. Every member of the college in active practice in the jii-ovince shall on or before the fifteenth day of January in ('\erv year pay to the secretai'v treasurer the annual registrar lion fee and every person who subsequent to the fifteenth day of January receives a license to practise shall before entering ii|inii active practice pay such registration fee. R.S.S. 1909. c. 108, s. 36. LICENSES. Annual lici-nsf Fpon receipt of the annual registration fee, the secre- larv shall forthwith issue to the person from whom such fee is received a license to practise the profession of dentistry DENTAL PROFESSION Cap. 140 2205 and dental surgery (form C) for the year in respect of which such fee is paid which certificate shall be sealed with the corpprate seal of the college and signed by the president and secretary thereof, and such license shall be prima facie evi- dence in all courts of the province and in all proceedings of whatsoever description that the person named therein is duly licensed to practise dentistry. K.S.S. 1909, c. 108, s. 37. 36. The secretary of the college shall immediately after Annual 'the fifteenth day of January in each year, prepare an annual ''''^'^*®'" register (form D) such register to contain the names and addresses of all members of the college who have paid the annual registration fee, and he shall cause the same to be printed and, a copy of the resrister shall be sent to each mem- ber of the college. R.S.S. 19^09, c. 108, s. 38. 37. Any person whose name is omitted from the annuar^o^fifcu *° register by the secretary may appeal from the decision of the secretary to the council, and the council may hear such evi- dence as may be adduced and give such decision as the nature of the case may require. E.S.S. 1909, c. 108, s. 39. 38. If at any time it is proved to the satisfaction of the Removal of council that the name of any person has been improperly re^'gTst/r™ inserted in the annual register such name may be erased therefrom by the council. R.S.S. 1909, c. 108, s. 40. 39. — (1) Any person who has applied for registration Appeal to or for an annual certificate and whose application has been^"'^^^ refused, or whose name has been removed by the council from the annual register as in section 38 mentioned, may at any time within six months from the date of the refusal or erasure appeal to a judge of the Court of King's Bench for such relief as the nature of the case may require. (2) The judge shall appoint a time and place for hearing the appeal and cause due notice thereof to be given to all parties interested and at the time and place appointed he may hear the evidence adduced and make such order as the nature of the case requires including an order as to pavment of costs. R.S.S. 1909, c. 108, s. 41 (redrawn). PEACTTTIONERS. 40. — (1) All persons who have received a license to prac- Persons tise under this Act and who have paid the annual registra- practise tion fee and no other persons save as hereinafter provided ''''"^•^*'''' shall be entitled to practise the profession of dentistry and dental surgery in the province. (2) Any of the following persons may practise dentistry and dental surgery as assistant to a duly licensed practitioner who has paid the annual registration fee, namoly : '2206 Cap. 140 dental profession' (a) a graduate of any school of dentistry in Canada liaving authority to grant licenses or diplomas to practise dentistry; {b) a nu-niber or graduate of an association, school or college in the United Kingdom of Great Britain and Ireland having authority to grant licenses or diplomas to practise dentistry and dental surgery; (c) a graduate of any school or college of dentistry in one of the United States of America recognised and approved by the University of Saskatchewan; and (d) any person having a certificate of qualification to practise dentistry from the Dominion Dental Council. (3) Any person employing an assistant shall within fifteen days after the commencement of the employment notify the secretary of the council thereof and of the name and qualification of the assistant, and shall pay to the secre- tary with such notification a fee of $10. (4) Every person em])loyed as an assistant shall within six months from the commencement of such employment, if so required by the council, pass an examination prescribed by the University of Saskatchewan upon practical work in connection with dentistry and dental surgery, and within eighteen months from the commencement of such employ- ment pass the final examination, and in case of failure to pass such final examination, shall not again act as an assistant to any practising dentist until he has passed the final examinatitm; but the University of Saskatchewan may, where deemed advisable, allow such assistant, notwithstand- liis failure to pass such examination to continue his employ- ment as such assistant until he has had opportunity of pass- ing such supplemental examination as the university mar prescribe : Provided, however, that any such assistant .shall not be employed in any capacity other than under the personal supervision of a dul\ lii-ensed practitioner. R.S.S. 1909, c. lOS, s. 42; lOir..' c. .^7, s. 19 (2); 1917, c 20, s. 11 (redrawn). No righi 4.^^ ]^^ Derson shall recover in anv court anv fee or remuneration in respect of professional services rendered or materials T)rovided in the practice of the profession of dentistrv or dental surgery unless at the time the servicei are rendered or materials provided, he holds a license front the college to practise: Provided, that a duly licensed practitioner, who has paftl the annual reuistration fee, mav sue for recovery of fees or DENTAL PROFESSION Cap. 140 2207 remuneration charged by him in respect of services rendered by an assistant qualified as in section 40 mentioned. R.S.S. 1909, c. 108, s. 43; 1916, c. 87, s. 19 (3) (redrawn). •A^. Every person who has been licensed as herein pro- Qualified vided shall be entitled to demand, sue for and recover in airy muy'ierver court of the province having jurisdiction with such costs as "*"*"'*' are by such court allowed the reasonable charges of siudi person for professional aid, advice and visits and the costs of any medicine, material or surgical appliances supplied while such person was so licensed. R.S.S. 1009, c. lOS 8. 44. ■43. Any person licensed as herein provided who has HeHistat^ made default in payment of the annual registration fee in "'"" ^ne or more years and whose name has by reason of sucli nonpayment been omitted from the annual registei- may have his name entered upon such annual register upon payment to the secretary treasurer of the college of tlw* annual registration fee for the then current year and for each year in which default has been made and upon such })ayment being made the secretary treasurer shall issue to such person an annual license for the then current vcar. R.S.S. 1909, c. 108, s. 45. DISCIPLINAKY. 44. — (1) The council shall have jurisdiction to hear and ^"'"p'^*'"*" determine any complaint made against a member of the college of having violated any of the provisions of this Act or of the bylaws, rules or regulations of the council, or any complaint of malpractice. (2) Upon receipt of such complaint the council shall fix a time and place for hearing the same, of which time and place the person accused and the complainant shall have due notice, and at the time and place so fixed the council shall meet and hear such evidence as is adduced, and if the charge is found to be proven the council may suspend such member from practice for such period as it sees fit or may cancel his license and erase his name from the register. (-3) The member suspended or whose license is cancelled may be reinstated, his license renewed and all his rights and privileges thereunder restored in such manner and upon auch terms and conditions as the council deems meet. R.S.S. 1909, c. 108, s. 46; 1917, c. 20, s. 12 (redrawn). 45. The person against whom any such complaint is made Subpoenas together with the person preferring the same or the council may obtain from the registrar of the court of King's Eench M KJihpiruo nd festificandiim or a svhpopna dvcpfi tenmi 2208 Cap. 1,40 r DIvKTAL PROFESSION re(j^uiriug the atteiidiiuce of auy. wituesa.or witnesses before the council at the hearino- of such comphiint. R.S.S. 1909, c. 108, s. '47. ^ , . ; . • . Appeal to judge Coats on irivoloua complaints 46. Any person suspended from practice or whose license has beeti cancelled and whose name has Ijeen erased from the register nia;^, ilt any tirrj6 wittin six months after the date nrf the order of the council, appeal to a judge of the Court of King's Bench for such relief as the nature of the case may require and the judge to whom such appeal has been taken shall after due notice to all parties concerned hear said appeal and may make such order as to the restoration of the name of the appellant or confirming such erasure or for further inquiries into the facts of the case by the council and as to costs as shall be just. R.S.S. 1909, c. 10.8, s. 48; 'It.- ■"•: 47. The council may order to be paid out of the funds at their disposal such costs as to them seem just to any person ': against whom any complaint has been made which when ■ formally determined is found to be frivolous and vexatious. ■R.S.S. ■1000, c. lOS, s. 40. Right to practise a personal or No .student in charge No trade name PUBLIC PROTECTION. 48. — (1) The right by this Act conferred upon a mem- ber of the college holding an annual unexpired certificate to practise the profession of dentistry or dental surgery in the province is a personal right, and every such member so practising shall at his office or place of practice, by a proper sign conspicuously placed, set forth his proper name. (2) Nothing herein contained shall be deemed or con- strued to prevent a partnership between two or more duly registered and licensed members of the college: Provided that the proper name of each member of the partnership shall at all times be conspicuously displayed in manner aforesaid. (3) Nothing herein shall be deemed or construed to pre- vent a duly licensed and registered member of the college entering the employ of any other duly registered and licensed member of the college actually engaged in practising the profession of dentistry and dental surgery in the province. 1017. c. 20, s. 13. 49. No student shall be placed in charge of a dental office or place where dental work is carried on, and no mem- ber of the college shall leave or permit his office or place to be left in charge of a student to perform dental operations during the absence of the principal. 1017. o. 20, s. 13. 50. No member of the college shall, in the practice of the profession of di'iitistrv or dental surgery, use any trade DENTAL PROFESSION Cap. 140 2209 name or designation, or corporate name, or any distinguish- ing name which does not inchide the name of such member, for premises in which he carries on the practice of his pro- fession, but every such member shall for all purposes in con- nection with his profession \ise his own proper name. 1917, c. 20, s. 13. 51. — (1) Every student shall present himself for exam- Examination ination forthwith upon the determination of the period of ship *" '^^' service prescribed as a condition precedent to such examina- tion, and in the event of a student neglecting or being unable from any cause to so present himself, he shall forthwith ■ make application to the council for an extension of the term of his studentship. (2) The council may extend such term of studentship upon such conditions as the council may think fit. 1917, c. 20, s. 13. 52. Any person not holding a license to practise dentistry Unqualified or dental surgery, or who has not paid the annual fees pay- practising able by him in any year as hereinbefore provided, and who : (a) practises the profession of dentistry or dental surgery either publicly or privately for hire, gain or hope of reward ; or (6) wilfully pretends and holds himself out to be duly qualified to practise dentistry; or (c) assumes any title, addition or description imply- ing or calculated to lead the public to infer that he is duly qualified ; shall be liable on summary conviction to a penalty of not less than $50 nor more than $200 for a first offence and to a penalty of not less than $100 nor more than $400 for each subsequent offence. R.S.S. 1909, c. 108, s. 51 ; 1917, c. 20, s. 14 (redrawn). 53. The convicting justice shall forthwith after payment Fine* of the amount of the penalty to be paid by any such person so convicted as aforesaid transmit the same to the secretary treasurer of the college and such penalty shall form part, of the funds of the college. R.S.S. 1909,' c. 108, s. 52. 54. Any prosecution of any member of the college under Ti'ne for and by virtue of the provisions of this Act shall be com- action"*^ meneed within six months after the date of the commission of the alleged offence. . E-.S.S. 1909. c. 108, s. 53. 55. In any prosecution under the provisions of this Act Onus of for any of the offences .set out in section 52 the onus oi^^°" proof that the person against whom such charge is laid is (Inly entitled to pr;t(*ti^(> dentistry and dental surgery and 2210 Cap. 14(» DENTAL PROFESSION Highta of physicians und surgeons Clinical instruction is ilulv registt'ird iiiKlcr tin- i)ruvisious of this Act shall bt* upon tlu' pt'i-^ou against whom the said charge is inadi'. Iv.S.S. l!)(i'.). c. 108, s. 54. ."><>. Xothiuii ill tliis Ai-t oontaiiu-d sliall interfere with the jiiivih^ges conferred upon physicians and surgeons bj the various Acts rehitiug to the practice of medicine and surgerv in the province: hut in case a j^hysician and surgeon shall desire to practise dentistry as a profession and to publieh avow himself as a practitioner of said profession he shall first obtain a license from the council by paying the neces sary fees and ]iassing an examination in operative and mechanical dentistry only. R.S.S. 1909. c. 108, s. 55. oT. Nothing in this Act shall prevent any duly inden- tured and registered student of dentistry from receiving clinical instruction and practice under the personal supervi- sion of a member of the college. R.S.S. 1909, c. 108, s. 56. Money paid treasurer KUNDS OF COLLEGE. 58. All fees and other niune^s payable under and by virtue of the provisions of this Act shall be paid to the secretary treasurer of the college and shall be applied bj direction of the council for the purposes of the college. "R.Si.S. 1009. e. 108, s. 57. SCHEDULE. FORM A. (Section S) ''■ ■ License to Practise Dentistry. The College of Dental Surgeons of Saskatchewan by virtue <»f authority vested in it bv the Legislature of Saskat- cliewan awards this certifieaic to who has com- plied with all th(> requirements of the law regarding the practice of dentistry and after due examination or by appli- cation to the council has been adjudged qualified to practise dentist IV in all its branehes in Saskatchewan. In witness whereof we the undersigned members of the council of the college have hereunto signed our names and attached the corporate seal of the college this day of one thousand nine hundred and President. Vice President. Secretari/. DENTAL PROFESSION FORM B. {Section 31) Register. Cap. 140 22 i Name Residence Qualification A. B. Certificate of license. 15th March, 1895. C. D. 6 months' ])ractice prior to November 22nd, 1889. E. F. Member of (stating name of college or school and where situate). FORM 0. (Section 35) Certificate of Annual, Registration. I hereby certify that A. B., being the holder of a certificate «>f license to practise the profession of dentistry from the was on the day of , 19 , duly registered as a member of The College of Dental Surgeons of Saskatchewan and is authorised to practise his profession up to the , subject to the provisions of The Dental Profession Act. ( J ('Orporatc Seal of the College \ (Signed) E. F., j Secretary of The College of Dental Surgeons of Saskatchewan. FORM D. (Section 36) ANNtTAL Register of Members of The College of Dental Surgeons of Saskatchewan. NAME ADDRESS 2212 Tap. 14:0 DENTAL PROFESSION FORM E. (Section SS) Register of Students of Dentistry of The College of Dental Surgeons of Saskatchewan. No, Name Address ^l?r;f T" whom Date of articles Assignmenta fl CHAPTER 141. An Act respecting Chemists and Druggists. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Pharmacy Act. 1910- short title 11, tj. 32, s. 1. THE PHARMACEUTICAL ASSOCIATION. ^. — (1) The Saskatchewan Pharmaceutical Association Pi^armaceuticai is hereby continued as a body corporate with power to lease or rent buildings for the purpose of accommodating lecturers on chemistry or pharmacy and for library, pharmaceutical museum or specimen room for the use of members of the association. (2) The following persons shall constitute the association, namely : (a) the present members; (&) all persons who on the 23rd day of March, 1911, were registered members of the Pharmaceutical Association of the ISTorth-West Territories and who comply with the bylaws of the Saskatchewan Pharmaceutical Association ; (c) all persons registered under the provisions of this Act. 1910-11, c. 32, s. 2 (redrawn). GENERAL MEETINGS. 3. — (1) General meetings of the association shall be held Meetings and from time to time as hereinafter provided and there shall be a council to direct and manage its affairs. (2) The members of the association in general meeting assembled and the council shall have the entire direction and management of the association in the manner and subject to the regulations hereinafter mentioned. (3) At all general meetings and meetings of the council the vote of the majority of the members present and having a right to vote thereat respectively shall be conclusive upon all matters brought before the meeting. The person presid- ing shall not vote except in case of an equality of votes, when he shall have a castinc vote. 1910-11, c. 32, s. 3. 2214 Cap. 141 PHARMACY ,'^^."a*i' "'"' ■*• — U) 'J-'iie annual general meeting of the association n.«.tinK- gjiall be held on the second Tuesday of July in each year or such other day as shall be determined by the council. (2) Special general meetings of the association shall b(> held at such times as the council deems ])roper, or upon a request in writing made to the registrar by at least six mem- bers of the association who are in good standing, which request shall specify the purpi^se for which the meeting is to be called. A special meeting so requested shall be called by the council within such reasonable time as it thinks fit. * (3) Notice of every meeting of the association shall !><' given at such times and in such form as shall be prescribed by the bylaws of the association in that behalf and every such notice shall state the purpose for which the meeting is to h*^ held. 1910-11. p. 32, s. 7. THE COUNCIL. Composition 5. 'fhc couucil of the association shall be composed of not more than seven members to be appointed or elected in accordance with the provisions hereinafter contained. 1910- n. c. 32. P. 4. bxutine rciinHI t>. The present members of the council shall continue lit office until their successors are elected. New. Subsetiuein ■councils T. — d) All subsequent councils shall be elected by the members of the association in tIk^ manner herein provided for a period of two years; but a member may resign his posi- tion at any time by letter arjrlrossed to the president or to the registrar of the council. (2) Upon the death, resignation or removal of a member of the council the council may appoint some other member of the association to fill the vacancy ; and the person so appointed shall be taken in all respects as regards his dura- tion of rtffiee to re])resent the person in whose stead he ha.* been appointed. 1010-11, c. 32, s. 6. PiLECTTON OF COUNCIL. Voters' qiinlificBtion «S. The persons qualified to vote at elections of members of the council shall be the members of the association in good standing and resident in Saskatchewan and the time, place and manner of the elections shall be laid down by the bylaws of the association subject to the provisions of this \of. 1010-11. r. 32. s. 8. (^otilitica- tionK of member* • f (lorinril 9. No person shall be eligible to be elected a member of the council unless he is re.£natered in accordance with the PHARMACY Cap. 141 2215 provisions of this Act and resides and carries on the business of a pharmaceutical chemist within Saskatchewan. 1910-11. c. :]2, s. 9. 10. The charge and conduct of elections shall be under Conduct oi the management of the registrar and the council shall appoint from among the members of the association two scrutineers to be present at the counting of the ballots as hereinafter provided. 1910-1], c. 32, s. 10. 11. Every person entitled to vote may vote for seven Numb«r o ]>ersons. 1910-11, e. 32, s. 11. 12. — (1) The vote shall be given by closed ballots (form Votin« by A), which shall be issued by the registrar to the members of the association, one to each member, at least thirty days prior to the day of election. (2) The ballots shall be signed by the voter and delivered to the registrar on any of the thirty days preceding the date of election. (3) All ballots mailed to the registrar which reach him before the date of election shall be deemed to have been delivered. 1910-11, c. 32, s. 12. 13. The seven persons who receive the highest number of wi.o pte«t*.i votes shall be the members of the council for the two years following the date of the election and shall hold office until their successors are elected. 1910-11, c. 32, s. 13. 14. Any person entitled to vote at an election shall be Persons wi- entitled to be present at the opening of the ballots at sueli present at election. 1910-11, c. 32, s. 14. bafiot"^ "' 15. Jf by reason of an e^quality of votes between two orcastiujr more persons, the election of one or more of the members ^ of the council is undecided, the registrar shall in the presence of the scrutineers forthwith put into a box a number of papers with the names of the candidates having such equality of votes written thereon, one for each candidate, and shall in the presence of the scrutineers draw by chance from the box a sufficient number of papers to make up the required number, and the persons whose names are upon the papers to drawn shall be deemed to be duly elected. 1910-11, c. 32, I. 15. 16. For the purpose of the election of members of the Kiectorai .. Ill 1 111 diviM»nn!i council the association may by bylaw, to be approved by the Lieutenant Governor in Council, divide the province into f'lectoral divisions and may make provision for the holding •f elections in accordance therewith, varying if necessary the provisions regarding elections above set forth. 1910-11. *. 32, s. 16. 2216 Cap. 141 PHARMACY POWERS A^'D DUTIES OF THE COUNCIL. Appointment 17. The council of the association for the time beinsr shall of officers ^ . /• i i • i n • at the first meetmo; after the election choose irom its mem- bers a president and a vice president and appoint a registrar. The registrar need not be a member either of the council or of the association. 1910-11, c. 32, s. 17. ofp^rofen^ ^^ — (1) The council shall have the sole control and management of the real and personal property of the associa- tion subject to the bylaws and to subsection (2). (2) "No sale or mortgage of such property shall be made except with the approval of a general meeting of the associa- tion specially called for the purpose. 1910-11, c. 32, s. 18. Bylaws Register 19. — (1) The council may by bylaw malce such rules and regulations not inconsistent with the provisions of this Act as it deems necessary for carrying out the objects of the association, and by such bylaws may particularly and in addition to any other powers it may have: (a.) fix the examination, registration or annual fees to be paid by apprentice's or members of the associa- tion ; (b) provide that the annual fees of nonresident or non- practising members shall be on a different basis from those of active members ; (c) provide that the annual fee of any member which remains unpaid for a specified period shall on the expiration of such period be increased to an amount specified; (d) provide for the deposit and disbursement of the funds of the association ; (e) provide that all active members shall be supplied with and shall keep exposed in their places of busi- ness certificates showing that their annual fees for the current year are paid ; (f) provide for striking members off the register or suspending them from practice or business for non- payment of fees, and for reinstating them upon such terms as seem meet. (2.) Bylaws made by the council may be amended, altered or repealed in whole or in part at the annual general meeting of the association if previous notice of the proposed action is given in accordance with the bylaws. 1910-11, c. 32, s. f9. REGISTRATION. 20. — (1) It shall be the duty of the registrar to make and keep a correct register of all persons who are. entitled to be reffistered under the provisions of this Act, and to enter r as treasvirer PHARMACY Cap. 141 2217 therein opposite their respective names the qualifications of all snch persons who have filed a statement thereof and from time to time to make the necessary alterations in the address of every person so registered. (2) The registrar, in addition to his duties as herein Keei^tra provided, may act as treasurer for the association and shall perform such other duties as may h(^ delegated to him by the council. 1910-11, c. 82, s. 2o! 31 (1) Every intending apprentice shall, before enter- Apprentices ing upon an apprenticeship with a pharmaceutical chemist, produce to the council satisfactory evidence of good moral character and pass a preliminary examination, or otherwise satisfy the council of his qualifications, after which he may be registered as a certified apprentice. (2) It shall not be necessary for a person who was engaged as an apprentice to a member of The Pharmaceutical Association of the North-West Territories prior to the twenty-third day of March, 1911, to furnish evidence of educational qualifications; but the registrar upon being satisfied by statutory declaration of the employer, that such apprentice is entitled to be registered, shall register such apprentice as a certified apprentice, and any time served by such apprentice prior to registration shall be counted as a part of his actual service. (3) In the case of apprentices who have served their apprenticeship outside of Saskatchewan the council may provide for their registration as certified apprentices on such terms and conditions as are deemed advisable. 1910-11, c. 32, s. 21. 32. All persons who have passed the examination herein- Qualifying afttn- proA'ided for to the .satislaction of the council shall be registered as members of the association. 1910-11, c. 32. s. 23. . 23. Persons, approved of bv the council of the association onm.ii may ' J^-l •- . • . . J, dispense with who hold diplomas from a pharmaceutical association oi examination • 111 oort'iiii Great Britain or certificates from a pharmaceutical college m 0.1=0- the Dominion of Canada Or elsewhere, may be registered as members of The Saskatchewan Pharmaceutical Association without ' examination, provided such association or college accepts without further examination' certificates of The Sas- katchewan' Pharmaceutical Association. 1910-11, c. 32, i-22. 24. No entry shall be made in the register of the name of j^^j-ygrsonT any, person who is not authorised by this Act. to be so regis- rocistereti tered nor shall any such entry be made unless the registrar is satisfied that the person claiming is entitled. to be registered. 1910-11, c. 32, s. 25 (in part). 2218 Cap. 141 PHARMACY Appeal I'roni decision of rcpatrar ^5. An appeal from the decision of the registrar mav be taken to the council, and the council may order that any entry proved to its satisfaction to have been fraudulently or incorrectly made shall be erased from or amended in tln^ register. 1910-11, c. 32, s. 25 (in part). CiTiWcat.- 2(y. — (1) Every person upon being registered as a mem- ber shall be entitled to receive a certificate (form B) under the corporate seal of the association and signed by the presi- dent and registrar, and to receive a similar certificate annu- ally upon payment of a fee to be determined by the council. (2.) Persons registered as members of the association and no others shall be entitled to bo called ''pharmaceutic;! 1 chemists." (3) No person shall be entitled to any of the privileges of a pharmaceutical chemist or member of the association who is in default in payment of his fees. 1910-11. c. 32, s. 26, and s. 30 (in part). Council may direct ^emo^Hl of name REMOVAL OF NAME FROM REGISTER. 21. — (1) The council may by resolution declare that any person w^ho has been convicted of an offence against this Act is in the opinion of the council unfit to be a member of the association and direct that the name of such person shall be erased from the register, and it shall be the duty of the registrar to erase the same accordingly. (2) When the council has so removed the name of a per- son from the register the name of that person shall not be again entered thereupon except under the authority of a resolution of the council or of an order of a judge of the Court of King's Bench. (3) A person whose name has been directed to b<- erased from the register may appeal from the decision of the cx)un- '•il to a judge of the Court of King's Bench at any time within six months after the date of the order; and the judge may upon hearing the appeal make such order as to the i-e.storation of the name so erased or confirming such erasure (ir for further inquiries by the council into the facts of the case, and as to costs, as shall be just. (4) The appeal may be by motion, notice of which shall be served upon the registrar; and the registrar shall, upon the r<'quest of any person desiring to appeal, furnish to such person a certified copy of all proceedings, reports, orders and papers upon wliicb flu^ council has acted in making the order complained of. (f}) No action shall lie against the council for any pro- coedings taken or judinnents given or enforced under the provisions of this Act. 1910-11. c. 32, s. 31. PHARMACY Cap. 141 2219 EXAMINATIONS. 28. — (1) Subiect to the provisions of section 23, no per- Evidence of son shall be registered as a member of the association until he has passed the prescribed examination and produced evi- dence that he has served at least four years in a drug store. The subjects of examination shall include chemistry, phar- macy, botany, materia medica, reading and translating pre- scriptions and practical dispensing. (2) Subject to the provisions of section 23, the council may by bylaw require further that a candidate shall before presenting himself for examination, produce evidence that he has attended one or more courses of lectures upon the sub- jects mentioned in subsection (1) at some regular college or school of pharmacy within Saskatchewan, recognised and . approved of by the University of Saskatchewan. 1910-11, c. 32, s. 27; 1915, c. 27, s. 1. 39. The examinations shall take place and be regulated J^^^Bu^'^^ons by such rules, regulations or bylaws as may be in force from examinations time to time, and all candidates shall pay such fees as may be fixed by any such rules, regulations or bylaws. 1910-11, c. 32, s. 28. 30. The council of the association may, notwithstanding subjects of anything contained in this Act, prescribe the subjects upon and fees which candidates shall be examined and establish a scale of fees to be paid bv persons applyins: for examination. 1910- 11, e. 32, s. 29. ' ' "^ SALE OF POISONS, DRUGS OR MEDICINES. 31. No person other than a pharmaceutical chemist or compounding his employees shall compound the prescriptions of legally qualified medical practitioners. 1910-11. c. 32, s. 30 (h] part). 33. — (1) No person shall: Proiiibiiions ' affecting un- (a) sell or keep open shop for retailing, dispensing or pe^so*ns^ compounding poisons, drugs or medicines except patent or proprietary medicines as provided for in section 40, turpentine, epsom salts, senna, alum, borax, castor oil, sulphur, glauber's salt, cream of tartar, carbonate of soda, bi-carbonate of soda, glycerine, carbonate of magnesia, citrate of mag- nesia, rochelle salts, blue stone, copperas, saltpetre, spirits of nitre, rhubarb root, solution of ammonia, phosphate of soda, gum camphor, quinine and chloride of lime ; or (h) sell or attempt to sell any of the articles men- tioned in the first schedule ; or 2220 r'ap. 141 PHARMACY Prescriptions necessarj' for certain sales Writteo order required for certain sales by wholesale (c) assume or use the title of clioniist and druggist or chemist or druggist or pharmacist or apothecary or dispensing chemist or dispensing druggist or any sign, title or advertisement implying or calculated to lead the public to infer under this Act ; that he is registered unless such person is registered under this Act and has taken out a certificate under the provisions of section 26, for the time during which he is selling or keeping open shop for retailing, dispensing or compounding poisons, drugs or medicines, or assuming or using such title. (2) No person shall sell or keep open shop for retailing, dispensing or compounding poisons, drugs or medicines as set forth in clause (a) of subsection (1), or sell or attempt to sell any of the articles mentioned in the first schedule to this Act, unless a duly registered pharmaceutical chemist or chemist and druggist personally manages and conducts such shop and has his name and certificate posted up in a con- spicuous position therein; and no person not so registered as a pharmaceutical chemist or chemist and druggist shall in any way interfere with or take part in the management of ^iich a shop. 1910-11, c. 32. s. 82 (in part). 33. — (1) 'No person shall sell by retail, furnish or dis- pose of alkaloid cocaine or its salts or alpha or beta eucaine f»r their salts, or am- admixture of cocaine or eucaine, except upon th(> written prescription of a legally qualified medical practitioner which shall be retained by the person who sells, furnishes or disposes of the same. (2) The prescription shall not be filled more than once and no copy thereof shall be taken by or given to any person who has the custody or control thereof, 1910-11. c. 32, p. 32, in part. 34. Alkaloid cocaine or its salts and alpha and beta eucaine or their salts shall not be sold or disposed of by wholesale except upon the written order of: (a) a pharmaceutical chemist; (h) a legally (|ualified luoclicil ni'nctit inner : (c) a licensed ^'eterinary surgeon; or (d) a licentiate of dental s\irgery; and the person so selling or disposing by wholesale shall affix or cause to be affixed to the bottle, box, vessel or package containing the articles sold and also upon the outer wrapper of the package as put up by the manufacturer a label distinctly displaying the name and quantity of cocaine or its salts or alpha or beta eucaine or its salts sold or disposed of, and the word "Poison" with the name, address and place of business of such person all ])i'inted in red ink. 1010-11. o. 32, s. 32 (in part). PHARMACY Cap. 141 2221 35. The person who sells or disposes thereof by wholesale wholesalers shall before delivering any of the articles mentioned in sec- records tion 34 make or cause to be made in a book kept for the purpose an entry of the sale or disposal thereof stating : (a) the date of sale or disposal ; (h) the name of the article, quantity sold and terms in which the sale or disposition was made ; (c) the name in full; (d) the address of the person to whom the sale or dis- posal was made; and (e) the name of the person by whom the entry was made. Such book shall be open to inspection by the proper authorities at all times- and shall be preserved for at least five years after the date of the last entry made therein. 1910-11, c. 32, s. 32 (in part). 36.- — (1) The several articles named or described in thedlemed"^ first schedule to this Act shall be deemed to be poisonous p"'"*""' within the meaning hereof ; and the council of the association may from time to time by resolution declare any other article to be a poison within the meaning hereof, and shall there- upon submit the resolution for the approval of the Lieutenant Grovernor in Council. (2) If approved such resolution and the approval shall be published in The Saskatchewan Gazette, and on the expira- tion of one month from the date of the issue in which the advertisement first appears the article named in the resolu- tion shall be deemed to be a poison within the meaning of this Act. 1910-11, c. 32, s. 33. 37.— (1) No person shall sell by wholesale or retail any precautions poison named in the first schedule unless the box, bottle, poison' ^ vessel, wrapper or cover in which the poison is contained is distinctly labelled with the name of the article and the word "Poison," and also, if sold by retail, with the name and address of the proprietor of the establishment in which the sale is made. (2) No person shall sell any poison mentioned in Part I of the first schedule to any person unknown to the seller unless such person is introduced by some person known to the seller, and on every sale of such an article the person actually selling the same shall before delivery make an entry (form C) in a book to be kept for that purpose, stating: (a) the date of the sale ; (&) the name and address of the purchaser; (c) the name and quantity of the article sold ; 22«2 Cap. 141 PHARMACY (d) the purpose for which it is stated bj the purchaser to be required ; and (e) the name of the person, if any, who introduced him ; to which entrv the signature of the purchaser shall bo affixed. 1910-11. e. 32, s. 86. Ooud oi proof PROSECUTIONS. 38. In any prosecution under this Act it shall be incum bent upon the defendant to prove that he is entitled to sell or keep open shop for compoundinir medicines or retailing poisons, or to assume the title of chemist and druggist or other title mentioned in section 32, or that no unregistered person who personally takes any part whatever in selling oi' dispensing drugs or medicines is interested with him in his sales as chemist and druggist. The production of a certifi- cate for the then current year purporting to be under the liand of the registrar and under the seal of the association, showing that any person named therein is entitled as afore- said, shall be prima facie evidence that >;ucli person is so entitled. 1910-11, c. 32. s. 37. I'rivilepcs ■ader The Medical 1 'rofessioi. Act not ifTerted MEDICAL PRACTITIONERS. 39. — (1) Nothing in this Act contained shall extend to ov interfere with the privileges conferred upon legally quali- fi<'d medicnl practitioners by The Medical Profession Act. (2) Where a medical practitioner desires to carry on the business of a pharmaceutical chemist he shall not be required TO pass the examination prescribed by the association but shall register as a pharmaceutical chemist and comply with all other requirements of this Act and with the bylaws of the association. 1910-11. c. 32. s. 38 (in part). Patent and [jroprietary medicines LT^riTATION OF APPLICATION OF ACT. 40. — (1) Nothing in this Act contained shall extend to, interfere with or affect the making or dealing in any patent or proprietary medicines except as in this section provided. (2) If there is reason to apprehend that any such medi- cine contains any of the poisons mentioned in the first schedule in such quantity as to render the use of the medicine in the doses prescribed dangerous to life or health, the Com- missioner of Public Health may cause an analysis thereof to be made by an analyst or other competent person. (3) If, on analysis, it is reported by the analyst or other person that the medicine contains any of the said poisons in such quantity as to render its use in the doses prescribed dangerous to life or health, the commissioner may give notice to the manufacturer or proprietor of the medicine, or to his agent or representative in Saskatchewan, of the result of PHARMACY Cap. 141 222^ such analysis, in which case he shall name a convenient time and place at which the manufacturer or proprietor may be )ieard before him in opposition to the report. (4) If the commissioner is of the opinion that the medi- oine is in the doses prescribed dangerous as aforesaid he shall ii^port his opinion to the Lieutenant Governor in Council to whom an appeal may be taken. (5) The commissioner shall, along with his report, sub- Jtiit to the Lieutenant Governor in Council the report of the -analysis and the objections, if any, made to the same by the manufacturer or proprietor, and, if the Lieutenant Governor in Council approves of the report of the commissioner, notice of such approval may be given in The SasJcatchewan Gazette ;iud after such notice the provisions of this Act with regard to poisons shall apply to such patent or proprietary medicines whether sold by persons registered in pursuance of this Act or by others, "l 9 10-11, c. 32, s. 41. + 1. I^othing in this Act contained shall: • rhimists (a) prevent any person from selling goods of any kind to a person who is legally authorised to carry on the business of an apothecary, chemist or druggist or the profession of ••■ doctor of medicine, physician or surgeon or vet' ■ inary surgeon ; or (b) prevent the men.iKM-s of such professions from supplying to their [)atients such medicine as they may require ; or ' ■'■ ) ex -ept as herein provided, interfere with the busi- .aoS of wholesale dealers in supplying poisons or other articles in the ordinary course of wholesale doling. 1910-11, c. 32, s. 38 (in part). EXECUTOR CARRYING ON BUSINESS. ■42. Upon the decease of any person legally authorised to Carrying on t-arry on the business of chemist and druggist and actually decSJd"* carrying on the same at the time of his death, his executor ^^c"^'^^' or administrator or the trustee of his estate may continue the business provided thar it is bona, fide conducted by a ]iharmaceutical chemist registered under this Act, and sub- ject to payment of the annual registration fee. 1910-11, o. 32. s. 39. PENALTIES. 43. — (1) Any person who commits a breach of any of^^"^'*'*' the provisions of section 31, 32, 33, 34, 35, 37 or 44 shall be liablr ,m summary conviction to a penalty of not les.s than $20 for a first offence, and for every subsequent offence to a penalty of not less than $20 nor more than $50, one-half 2224 Cap. 141 PHARMACY of the penalty in each case to belong to the prosecutor and the other half to be paid to the registrar for the use of the association. (2) A person, not a member of the association, who it? convicted of a third offence against the provisions of this Act may, in addition to the penalty provided for in sub- section (1), be imprisoned for a period not exceeding three months. 1910-11, c. 32, s. 35. No charge for illegal sale Returns to Provincisl Secretary GENERAL. 44. No person selling an article in violation of the provi- sions of this Act shall recover any charges in respect thereof in any court, nor shall any branch drug business be carried on by a pharmaceutical chemist unless he employs in it a dulv registered pharmaceutical chemist. 1910-11, c. 32, s. 34. 45. The registrar shall, whenever requested so to do by the Lieutenant Governor in Council, transmit to the Pro- vincial Secretary a return certified under oath setting forth such information . and particulars relating to the pharma- ceutical association as are required. 1910-11, c. 32, s. 40. FIEST SCHEDULE. PART T. (Sections 32, 36, 37 and ^0) Acid hydrocyanic. Acid carbolic (exceeding a .5 per cent, solution). Aconite and preparations and compounds thereof. Antimony tarta rated. Arsenic and ])reparations and compounds thereof (except Paris green). Atropine. Belladonna and preparations and compounds thereof. Chloral hydrate. Chloroform. Cocaine. Conium and jn-eparations thereof. Croton oil. Digitalin. Ergot and preparations and compounds thereof. Hyosciamus and preparations. Indian hemp, ^lercurv bichloride. Morphia and its salts and solutions. 'Nnx vomica and its preparations. PHARMACY Cap. 141 2225 Oil of bitter almonds. Oil of pennyroyal. Oil of tansy. Opium and i»rcpii rations and compounds thereof (except paregoric). Potassium cyanide. Strychnine and its salts and solutions. PART ir. Aeetanalid. Acid oxalic. Antipyrin. dalabar beans. Cantharides. Cocculus spirits. Digitalis and preparations. Euphorbium. Elaterium. Iodine and preparations. Mercury and preparations. Oil of cedar. Phenacetin. Potassium bromide. Potassium iodide. Podophyllin. Phosphorus. Savin and preparations, St. Ignatius beans. Santonin. Sabadilla «eeds. Scammony. Snlfonal. Trional. Veratrine. Verdigris. Zinc sulphate. SECOND SCHEDULE. FORM A. (Section 12) The Saskatchewan Pharmaceutical Association. Voting Paper for Annual Elections. I. , a registered, pharmaceutical chemist, vote for the seven persons hereinafter named as members 2226 Cap. 141 PHARMACY of the council of The Saskatchewan Pharmaceutical Asso- ciation : 1 2 3 4 5 6 7 And 1 declare that I am entitled to vote at this election and am not in default in payment of my dues to the council. Dated the day of 19 FORM B. {Section 2'6) This is to certify that having complied with the provisions of The Phoiindcy Act and the bylaws of the Association has been duly registered a member of The Sas- katchewan Pharmaceutical Association and is entitled to be styled a ]")harmaccutical chemist and to enjoy all the privi- leges of a pharmaceutical chemist as set forth in The Phar- macy Act. Registrai' of The Saskatchewan- Pharmaceutical Association. FORM C. (Section 37) FORM OF ENTEY. Date ., , Name and 'Purpose for Name of 'quantity of which it is purchaser ipQj^fin sold, required SiKnature of purchaser Name of Address of _ person purchaser : introducing ' purchaser CHAPTER 142. An Act respecting The Saskatchewan Registered Nurses' Association. HIS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This xiet may be cited as The Registered Nurses Act. Short title 3. The Saskatchewan Registered Nnrses' Association is '"corporation continued as a body corporate and politic. 1917, c. 28, s. 1 (redrawn). 3. The association may acquire and hold real estate, not '^«^' ««*8*^* exceeding at anv time an annual value of five thousand dollars and alienate, exchange, mortgage, lease or otherwise charge or dispose of the same or any part thereof as occasion may require ; and all fees, fines and penalties receivable or recoverable under this Act shall belong to and be the property of the association. 1917, c. 28, s. 2. 4. — (1) The association may pass bylaws not inconsistent Bylaws with this Act for : (a) the government and discipline of its members ; (b) the management of its property; (c) the registration and admission of members ; (d) all such purposes as may be necessary for the man- agement and operation of the association. (2) Such bylaws shall become effective only upon receiving the approval of the Senate of the University of Saskatchewan. 1917, c. 28, s. 3. 5. — (1) The association may also pass bylaws not incon- Nursing ^ / ^ 'J r ./ housekeepers sistent with this Act for : (a) the education, training and supervision of a class of women to be known as nursing housekeepers ; (6) the registration of those who have completed the ordained course of study, passed the necessary examinations, and met satisfactorily such other tests as may be prescribed. (2) Such bylaws shall become effective only upon receiv- ing the approval of the Senate of the University of Saskat- chewan. Vol. TI— 35 2228 Cap. 142 registered nurses (3) (Jaiulidatos t'oi- rcui>irali«iii ns iiiirsiii!;' hoiisekocpers shall bo trained in such hospitals open to (Joveriniu^nt inspection and i'ecei\Mni!' ( 'o\-cfnineiit aid as do not conduct nursing classes. (4) The course of insti'uction shall exiend o\ci- at least one vear and iiiav include a term of training' at the j)rovincial sanatorium at P'ort (^)u"Appe|]e. (5) Inslrucliou shall We ,i;i\'en in llic iollowiui^' subjects: (a) care of obstetrical cases; (h) care (d" infants and vounii (diildren: (c) dietetics; (d) general housekeeping; ( e) elenieuta rv nursinii : (/) care and pi'evention ol 1 uberi-nlosis. ( ()) The TTiiiversitv of Saskatchewan may ap|»oint a qualitied iiui'sc as suj)er\isor of the women in training. Such su])ervisor shall reguhirly inspect all ti-aiuing schools for nursing housekeepers, shall exercise such powers in con- nection with the training and discipline of the sludenls as rnav be assiuned to her bv bylaw, and s]iall i-epoiM to llu; board of governors of the uni\"er-ily lo whi'iii she shall l)e responsible. (7) The university shall conduct ihe examinations of the candidates for registration as imrsing housekeeiiers, and shall furnisli certificates to those who have successfully ])assed the examinations, and ha\-e otherwise proved themselves (pudified. i;)l!)-20, c. 73, s. 2. manaKcment ^' — (1) '^'^i*' afl'airs of tile associatiou shall be undei' the management of a couikmI, composed of seven members, of whom two shall Ik; ap|)ointed annually by the College of Physicians and Surgeons of the Province of Saskatclunvan, and five shall be elected by the association from the members in good standing. (2) The hve memhers last nienlioned shall be elected annually, al a meeting of the association called for that purpose, or al the animal meeting of tli(> association, or in such manner a< the bylaws may provide. (3) The election of the council, and all olhei' (pu'stions voted on at a meeting ol' the association, shall be decided by a plurality of the votes (d' members present in ])erson, or in such other manner as may be i)ro\idcd by bylaw, each jnember in good standing beini:- entitleil to one vote. (4") ]\rend)ers of the council shall remain in office for a period to be fixed bv bylaw of the association, and shall oontinu(> in office until ilieir successors are appointed. REGISTERED NURSES (";i|). 142 2229 (5) 111 case of n vacancy in Ihc cohihmK tliroiiiili ilic vesi^'iiatioii or doalli of a iiioiiilicr, or otherwise, llic reiiiaiii- inc nieiiihcrs may fill tlie vacancy hy the ch'ction of a duly ([iialiticd niemlier ot" the associat i(»n, wlio shall ad until the next annual in(>etin<>'. li'lT, c. 28, s. 4. 7. — ( 1 ) 'j'lic council iiia\- make bylaws, I'lilcs ;iiid rcii'iila- Kuics iuiJ tions, not contrary to law or to the i)rovisions ot tins Act, for all purposes rclatinii' to the affairs, hnsiness and property of tiie association, its nianaiicinent. lidxcrnmcnt, aims, objects and interests, including: (a) registration and th(> issue of reuist rat ion cerliti- cates ; (h) the appointment, functions, duties and remo\al of ottic(>rs or servants of the associati(Mi, and their )'einnneration ; (r) the time at which and place where the anniiaT ine(^tings of the association shall Le held ; ((J) the amoiint and method of collecting the admissioi^ fee ; (e) th(> siis|iension and expulsion of members; (/) the examination of ajiplicants for registration, and the eondiict in all other particulars of the affairs of the association. (2) Such bylaws, unless in the meantime confirmed by a general meeting of the association duly called for the pnr- pose, shall respectively have forc(^ only nntil the next annual meeting following their approval, and in d(>faiilt of confirma- tion thereat shall be null and void. (8 ) Such bylaws, if confirmed either by a general meeting of the association called for the purjiose or at the annual general meeting, shall be forwanled ffore the Semite; and the semite may subsequently at any time disallow the same, in which case the livbnvs shall become null and \oid from disallowance or from a date to be fixed bv the senate for that purpose. M)17, e. 2S, s. ('» (redrawn). 8. All persons of good moral character resident in S;is- K,.,^v(ni(i , i katcliewan who on the tenth day of March, lUlT. were graduate nurses or were in training, and who have become or shall become graduate nurses, shall, on production of a diploma from a training school for nurses issuing diplomas at the said date, or from any other training school recognised bv the Senate of the T'niversity of Saskatchewan, be admitted to the register of registered nurses. 1917, c. 28, s. 7 (redrawn). 2230 Cap. 142 REGISTERED NURSES Conditions of 9. Except as hereinbefore provided, no person shall be registration x r \ ^ i?n i entitled to be registered unless he or she has followed a regular course of training in a school for nurses in the branches of the profession prescribed by the Senate of the University of Saskatchewan, and has passed a satisfactory examination conducted by a board of examiners appointed by the said university, or has produced certificates of having passed examinations accepted as equivalent thereto by the said board. 1917, c. 28, s. 8. Examinations Deiiignation 10. All examinations and matters pertaining thereto under this Act shall be determined and conducted by a board of examiners appointed by the University of Saskat- chewan after consultation with the council of the association. 1917, c. 28, s. 9. 11. Every person registered under this Act shall be known as a registered nurse, and any unregistered person assuming such title, or using the abbreviation "Reg. N." or in any manner representing that he or she is a registered nurse, or by false or fraudulent declaration attempting to procure registration under this Act, shall be guilty of an offence and liable, upon summary conviction, to a fine of twenty-five dollars, and, in default of payment, to imprison- ment for a period not exceeding six months. 1917, c. 28, 8. 10. CHAPTER 143. An Act to regulate the Practice of Optometry. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Optometry Act. 1919- short tuie 2,0, c. 57, s. 1. INTERPRETATION. 2. The practice of optometry is hereby dej&ned to be the '^^l^^^^^ ?/ employment of any means other than drugs, medicine or surgery for the measurement of the powers of vision or the adaptation of lenses for the aid thereof. 1919-20, c. 57, s. 2. CONSTITUTION AND DUTIES OF COUNCIL. 3. — (1) There shall continue to be a council to be known Councu^of as "The Council of Optometry for Saskatchewan" to be appointed by the Lieutenant Governor in Council. (2) The council shall consist of not less than three nor more than five members, and shall hold office for such lenffth of time as may be determined by the Lieutenant Governor in Council. 1919-20, c. 57, s. 3. 4. The council shall meet at least once in each year and Meetings at such other times and at such places as it may deem neces- sary. Three members of the council shall constitute ' a quorum. 1919-20, c. 57, s. 4. 5. The council shall from time to time select one of its officers members to be chairman and one to be registrar. 1919-20, c. 57, s. 5. 6. The council shall continue, subject to the approval of Reguiationa the Lieutenant Governor in Council, to make such rules and regulations, not inconsistent with this Act, as may be neces- sary for the proper performance of its duties. 1919-20, c. 57. s. 6. CERTIFICATES AND LICENSES. '7. The persons entitled to practise optometry in Saskat- Peraona chewan shall be those who : practise ° (a) hold professional or nonprofessional certificates under any Act hitherto in force, and unexpired licenses ; or 2232 Cap. 143 OPTOMETRY Profesaional certifipate (b) obtain piofcssional certificates and licenses in accordance with the i)n>visions of this Act. 1919— ■20, c. 57, s. 7. 8. — (1) Anv person residing; in Saskatchewan, of rhe full age of twenty-one years, wln) luniishes to the board or ]ierson anthoris(Ml by tbe University of Saskatchewan ti'i'iil icesliip satisfaetory to sncdi board or person ; shall be entitled, upon ])aynient of tbe fee therefor, to take the examination preseribed by the university for candidates for a professional certificate. (2) Kvei-y b(»blei- of a nonprofessional eertifii;ate sball be entitled to take tbe said examination upon payment of the fee therefor. ( ■^) The T^nixcrsity of Saskatchewan may make rciiida- tioiis eoncerniuL; sucb examination and tbe (M)nduct tb<'reol. (4) Ev<'i'y randiijale wlio produces to the reiiistrai' of the conneil satisfactory evidence that he has passed tbe said examination shall be entitled to receive a professional certifi- cate, uj)on ]>avuient of tlie prcsrrilied fee. 101 !'-•_'(). c. .IT. s. 8. Licenses 9.- — (1) Ever\ |»ersou otlun'wise entitled to practise opto- metry shall before doiuii' so obtain from tlu^ registi-ar a license autborisiui: the li()l(Ier tbereof to ])raetise until tbe^ first dav of .Fulv following. (2) Every person wdio receives a license shall nnnually, on or before the fifteenth day of Jnne, apply to the registrar for a renewal tbereof, and such r(Miewal shall be granted and recorded upon payment of ibe annual fee fixed therefor by tbe council. (8) Tn default of payment of sucb fee on or before I la- said date, renewal lasses a liill of pnrchase which shall contain his signature, his post office address and the num- ber of his certificate and license together with a specification of the lenses and frames or mountings . supplied and the prices charged thei'cfor. (2) Any person who violates the provisions of this sec- tion shall ))e liable, on summary conviction, to a penalty of not less than $2:. nor more thaii'^IOO. l!il<)--2(), c. 57, s. 11. 12. — (1) A certificate may be revoked by the council for |^';,;'^!'^^«^'^ violation of the law, incompetency, inebriety, framl or mis- "'^■"'^<'<^ representation. (2) Before a certificate is revoked, the holder shall have notice in writing of the charge or charges against him, and shall, at a day specified in the notice and at least ten days after service thereof by registered letter sent to his recorded address, be given a jiublic hearing and allowed to produce testimony in his own behalf. (3) Any person v;hose certificate has been revoked may, on the expiration of ninety days from the date of revocation, apply to the council to have the same regranted, and if such ■certificate is regranted he shall ])ay a penalty of $5 forth- with. (4) Any person practising after his certificate has been revoked and before it has been regranted, shall be deemed to have practised without rt\2:istration. 1010-20, c. 57, s. 12. rKOiiir.iTiOjsrs and i'exalties. 13. — (1) No one shall use the title ''optometrist'' to Use ..f title designate his calling, unless he is the holder of a prof essional and certificate to practise optometry as provided by this Act ; "'"^*"^" and no one shall use the title "^^ptician" unless he is the holder of a professional or nonprofessional certificate to practise optometry, as ]irovided l)v this Act. (2) Any person violating the provisions of this section shall be liable on summary conviction to a penalty not exceed- ing $100. 1010-20. c. 57, s. 13. 14.^ — (1) No person shall practise optometry unless he No one to is the holder of a license issued and recorded as herein pro-mthout • 1 1 license vided. 2234 Cap. 143 OPTOMETRY (2) Any person not holding a license to practise under this Act who shall practise optometry in Saskatchewan for gain or hope of reward, or who shall hold himself out to the public as licensed or legally qualified so to practise, shall be liable, upon summary conviction, to a penalty of not less than $10 nor more than $50 for the first offence, and for each subsequent offence to a penalty of not less than $50 nor more than $100. 1919-20, c. 57, s. 14. CouDcil's feea Disposal of funds Act not to apply to certain perBons GENERAL. l'"). The council may charge such fees for certificates and anmial licenses as are approved by the Lieutenant Governor in Council. 1919-20, c. 57, s. 15. 16. The actual expenses of the council shall be paid out of the funds received by it. After all necessary expenses have been paid by the registrar, the balance of the moneys received shall be deposited in a chartered bank to the credit of the council and shall constitute a fund for its use. 1919- 20, c. 57, s. 1(5. !'<'. Nothing in this Act shall be construed to apply to any duly qualified medical practitioner nor to persons who sell complete, ready to wear glasses as merchandise from a permanent place of business ; the use of test lenses or trial frames shall be deemed prima facie evidence of having practised optometry. 1919-20, c. 57, s. 17. H CHAPTER 144. An Act respecting Drugless Practitioners. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Drugless Practitioners i<),„n utie Act. 1917 (sess. 2), c. 67, s. 1. *^. The Commissioner of Public Health shall keep a K»Ki-^ter register in which he shall enter the name of every person entitled to be registered according to the provisions of this Act, and such register shall state what form of drugless healing each licentiate is entitled to practise ; and those per- sons only whose names are inscribed in the register and who are not under suspension shall be deemed to be qualified and licensed to practise drugless healing. 1917 (sess. 2), c. G7, s. 2. 3. The Commissioner of Public Health shall admit upon who shaii . ,.11 , • • 1 • , . ^ be registered the register oi drugless practitioners, and issue a license (form A) to: (a) every person registered under The Osteopathy Act on the fifteenth day of December, 1917, whose fees were at that time fully paid ; such persons shall not be restricted in the practise of their pro- fession to a greater degi'ee than they were restricted by The Osteopathy Act; (h) any person who has been certified by the Registrar of the University of Saskatchewan as having satis- factorily passed the hereinafter mentioned examina- tion for drugless practitioners, and who produces satisfactory evidence of his identity as being the person so certified, as well as evidence that he is twenty-one years of age, and is of good character: Provided that such person shall be restricted to the practice of the method of treatment specified in his license. 1917 (sess. 2). c. 67, s. 3. 4.- — -(1) The TJniversity of Saskatchewan shall hold two I'^xaminationa regular examinations, and such supplemental examinations as are deemed advisable, each year, in accordance with regulations ])rescribed for the purpose by the senate. The examinations shall be conducted by examiners appointed by the university. The university shall consult with such di-ugless practitioners as is deemed advisable concerning suitable n'^rsons to examine in the subjects required of can- didates I'm" license as drugless practitioners. 2236 Cap. l-t-t uiiuciLL.ss pkachtioneus (J) J'liu tfi- for a reiiulai" exaiiiinaticii shall he $50, and tlic fee for a supplemental oxaiiiiiiation shall be $20, these tees to be paid in advance to the registrar <>f the university. I'.HT (sess. 2), c. ()7, s. \. C'xiiililioiis of i.'X:itiiiiiittioii 5. — (1) Everv jipi)! leant, in order to be admitted to the re^ilar exaniinatiou, shnll file wiili ilie rei>istrar of the lliiiversitv of Saskatchewan satisfactory evidence of identity, i;ood moral character and preliminary education, and a diploma or diphunns of iiraduation from a school, college, i»r university recognised by the University of Saskatchewan, the rcMjuirements of which were at the time of granting such di})lom:i or diplomas not less tli;iii those [jrescribed by this Act. (2) Every a})plicant for a license shall, in inldition to the proof required by subsection (1), furnish satisfactory e\idence tliat lie has attend(ul n course of study extending over four years and endn-acing at hnist five months in each year, or over three years and embracing at least eight months in cncli ycnr or over two ycMi's of continuous stmly. r.ilT (sess. 2), c. fi7, s. 5. M^im'^iK'trm/""^ ^^' — (1) Application for admission to au examination -hnll be nuule on a blank fonu to be supplied on a|)|)]ication by rhe registrar of the university, and shall ho filed with the i-egistrar at least two weeks before the time fixed for the examination. (2) Each appliciition shall be accom])anie(l by ibe j)roper examination fee and shall contain such int'oi imirion concern- ing th(^ preliminary education and the course of stndy ;is the senates of the university by resohitiou proscvilies. I!il7 (sess. 2), c. 07, s. 0. ci-lminntCln "^ (^^ AppHcHuts for registration :is diuglcss practi- tioners shall be exnmiiicd upon the fdllowini"- subjects: ;in;it- omy, physiology and histology, chemist i-y. siinitary science and hygiene, genei-al diagnosis, |):Uliologv ;ind bacteriology, princi])les and ])i-actice of osteo]»atliy or chiropractic, or whateN'cr system of healini: the cjiiulidntc intends to practis(\ (2) The sulijeets of this exaiii in;il ion m;iy b(> chanired from time to time b.y the scumte of the university. ^\^\''i (.soss. 2), c. 07, s. 7. KxistinE 8.- M) An\ iiei'-oii wlio i)ractised ostcopnthv or cjiiro- ))ractie 111 this province to'- iit least six months piMor fo the thirty-first day of December, 1017. shall be admitted to the register and licensed on prodii'dmj' satisfactory e\idence of that fact, and : (ff) that he is of the full age of twenty-one \i'ars; (h^ that h(^ is of ii'ood moral (diaracter; DRUGLESS PRACTITIONERS Cap. 14-4 2237 (c) thai ill' lias taken a course of sliuly in osteopatliv or chiropraetic or in medical or surgical subjects and osteopathy or chiropractic. 1»\ jtersonal attendance and not by correspondence, extending over a period of at least two v(»ars of six months in each vear; and (d) that he holds a diplonni from an incorporated schocd or college of osteopathy or chiropractic, empowered to gTant such and a])proved by the university. (2) Any such other persons who, ha\ing jtraclised in the province shal! satisfy the nniversity of their fitness to be licensed mav also he I'eaistered and licensed nnder this sec- turn, lit 17 ( sess. -2), c. 07, s. 8. '^' — (, 1 ) 'riic Conmiissioner of Public Jlealth, or suchinvesUgation other pei-son as may be appointed by the Lieutenant (iover-''^*"""^''"''*' nor in Council i'ov tlie purpose, may investigate any com- ])laint tliat wi-.w be made to him concerning a drugless practitioner who is charged with unbecoming or improper conduct. (2.) For the purjjose of such investigation the commis- sioner or such other person may administer oaths, affirma- tions or declai-ations ; may summon witnesses to appear before him. and may require such witnesses to give evidence orally or in writing ui)on oath, or. in the case of persons <>ntitled to affirm in civil matters, ujion solemn affirmation, Jind to ])roduce such books and documents as he deems r(Mpusite, and he shall have the same jxnver to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of record in civil cases. (5) The commissioner or such other person may, after an investigation, erase or cause to be erased the name of a tb'Ugless practitioner from the reiiister of drugless practi- tioners, or susjX'ud him from ])ractice for a period or indefi- nitely, and he may. for good cause shown, restore the name of such ]-)ractition(>r to the vegist(u- or revoke such suspensiro- fessional aii1. ad\ico ami visits. 1017 (sess. 2), c. 67, s. 10. ll- — (L) A (Ifuglcss practitioner shall not prescribe or Restnctio-s administer drugs or medicinal preparations, or treat anv venereal disease or an\ communicable disease as defined hv 2288 Cap. 144 drugless practitioners l.lie Fublic Health Act ; nor shall he perform any surgical or obstetrical operation unless he holds a special license for the purpose. (2) A drugless practitioner may use words or symbols to designate his calling, and for this purpose may employ the term ''Doctor" or "Physician," provided it is used in con- nection with words indicating that he is a drugless practi- tioner or ])ractises some branch of drugless healing, or he may adopt the title "manipulative surgeon," but otherwise he shall not use the letters "M.D." or the prefix "Dr." or the term "Doctor" or "Physician" or "Surgeon," or the words "Doctor of Medicine" or "Physician and Surgeon" in con- nection with his name, nor shall he by advertisement, announcement or otherwise represent himself as a physician or surgeon. (3) Any drugless practitioner who commits a breach of the provisions of this section shall be guilty of an offence and liable, on summary conviction, to a fine of not less than $25 nor more than $100. 1917 (sess. 2), c. 67, s. 11. 1^. iSTo person who is not licensed under this Act or who is under suspension shall practise drugless healing for hire, gain or hope of reward, and if any person not licensed or who is under suspension practises or professes to practise drugless healing, he shall be giiilty of an offence and liable, on summary conviction, to a penalty not exceeding $100. 1917 (sess.*^2), c. 67, s. 12. • Pro/e^s*on'^c< ^*^* ^^^^ treatment of disease by osteopathy or chiropractic or other methods of drugless healing, is hereby declared not to be a practice of medicine or surgery within the meaning of The Medical Profession Act, nor shall the said treatment by a person registered under this Act render him liable to the penalties imposed npon nnqualified or nnlicensed practi- tioners by the said The Medical Profession Act. 1917 (sess. 2),''c. 67, s. 13. DRUGLESS PRACTITIONERS Cap. 14:4 2239 SCHEDULE. FORM A. {Section S) The Drugless Practitioners Act. License. Be it known to all men that has com- plied with all the requirements of The Drugless Practitioners Act, has passed the prescribed examination and has been duly registered as a drugless practitioner and is hereby entitled to practise (osteopathy, chiropractic, or as the case may he). Dated at Regina this day of 19 . Commissioner of Public Health. H CHAPTER 145. An Aci K'sjxctin^ the Voterinary Profession of Saskatchewan. IS ]\rajesty, by and with tlio titlvicc and consent of the Lcn'islaiiv-r" Assciiiblvof Saskatchcwa ii. enacts as follows: SIIOIIT TT'rr.E. Short iitio 1. This Act may be cited as llir ]' cirri nan/ Association Act. J^S.S. 1000. c. 1 10. s. 1. JMKia'lJK'IATION. Inlerpr.-t:ili..n *>^ J,, ,||j^ \,.| ,|I!lc<^ tllC (•(UltcM nl 1 1( ■ I'W i Sc l-('(]uireS, thc expression : 1. "\'eterinai'\ suruc'»n"" mean- a pei'son licensed as such under this Act ; 2. "A'etei'inary siirgei'y" means the suriiical, dental or medical rreatiiHMit <•+" animals. K.S.S. 1000. c. 110. s. .'3 (-2) ( !•('(! i-aw II ). THE ASSO( lA'I'IOX. incorponition 3. — (1) The Veterinary Association of Saskatchewan, licreinafter called "tlK! association."" is coniimn'd as a body corporate with power to acquire, hold ami dispose of real and persomd pro]u'rty fov its corporate jmrposes. (2) The mendjei's of tlie assm-iation sjudl he styled ''veterinary suriieons." U.S.S. 1!>00, c. 1 lo. ss. -J and '4 (redrawn). 'I'HK COl'.NCII.. Council 4. — fl) There shall continue to he a council of the association (hercnu called ''the council"") consistinii' of seven members to lie elected as lierein provided. Quaiifit-aiion (9) Xo pcrson sliall be elected a )iiend>er of the council of mcml)rrs , ,. ^ r ,^ ■ ■ ill • ^• unless he is a member of the association actually residina;- m Saskatchewan and unless his fees are fullv paid up. Powers (?}) The coiuicil slmll luiNC the sole conlrol and manaiTe- inciii ,,|' tlie real and jx-rsonal pi'opcrty of the association. ]i.S.S. 1000. c. 110, s. 7. Voirrs' .">. TJic persons entitle(l to \o|e for a nieniliei' of the coun- ouniifications ^.^ ^^^^^^^ ^^^^ ^^^^j^ members of the association as actually reside in Saskatchewan and have paid their fees before the prepara- tion of the list by the reiiistiar pursuant to section G. R.S.S. 1000, c. 110, s. S (redrawn"). VETERINARY ASSOCIATION Cap. J 45 2241 (>. At loMst one iiioiiili pi'ior (d ilic day fixed for an elec- ^'■)Ung tion the registrar shall mail to each jueinber of tlu; associa- ''■'"^"'^ tion entitl(^(l to vote a ('()ni])lete list of all persons who are qnalili(>(j t'oi- elcc^tion, togethei- with a votiiiii" paper (form A). K.S.S. liMM.i, ,'. 110, s. 10. "^^ — (1) in ease a member of the association entitled to I'npn.per , , . , ,1 • , • •,. !• , 1 • . insertion or vote complains to the registrar m writing ot the improper omission of omission or inehision of any name from or in the list, the "'"'"' registrar shall forthwith examine into the complaint and rectify the error, if any, and shall inform the complainant of his decision by registered letter within three days after rec*ei\ ing sneh complaint. (2) If the (*oin])laiiiaiit is dissatisfied with the decision of the registrar, he may, not less than fifteen days before tho, election is held, lodue an ay)p(>al with a jndge of the Conrt of King's Bench, who shall hear and determine the appeal in a summary Avay. (3) The jndge may direct such notice to be given to the parties of ihv time and place for hearing the appeal as he thinks Ht; lie may direct that the evidence shall be given viva rorr niider oath oi' by affidavit; and his decision shall be final and the list shall stand or be altered in accordance therewith. E.S.S. lOOD, c. 110. s. 11 (redrawn). 8. The list shall be I he reuister of persons entitled to Corrected vote at the next ensniiig election, and no person shall be entitled to vote whose name is not entered thereupon. R.S.S. 1!)09. c. 1 10. s. 12. 9* — (1) Ever\- meiiilier of the association desiring to Method of vote shall write on bis voting pa])er the names of the persons ^'°*'"^ for whom he votes, shall subscribe his sigTiature thereto and shall return the ])aper to the registrar in a sealed envelope marked "'voting paper" : and only such voting papers as are receiv(Ml by the i'(\<>'istrar \^^ to and including the day of election shall be counted I)v him. (2) No voting paper containing more or less than the fidl number of names of persons to be elected shall be counted. li.s.s. 11)00. c. no. s. i:i. 10. For each election the council shall appoint t wo Scrutineers j»ersons to act with the registrar as scrutineers. R.S.S. 1901), c. 1 10. s. U (redrawn). 11. Any person entitled to vote at any election shall be voters entitled to be present at the opening of the voting papers atcounT*** such election. R.S.S. 1909, c. 110, s. 15. 12. At the hour of two o'clock in the afternoon next Counting of following the day of election the voting papers shall be 2242 Cap. 145 VETERINARY ASSOCIATION Electiun and term of office opened by the registrar in the presence of the scrutineers who shall scrutinise and count the votes, and a record thereof shall be kept hy the registrar in a proper book to be pro- vided for that purpose. R.S.S. 1901), c. 110, s. 16. 13. The election of members of the council shall be held annually, and the members elected shall hold office for two years or until their successors are elected, four members being elected in one year and three in the following year to replace those whose terms have expired. R.S.S. 1900, c. 110, s. 17 f redrawn). Equality of votes 14. In case of an equality of votes between two or more members of the association which leaves the election of one or more of such members undecided, the registrar shall forth- with put into a box a number of papers equal to the number of members who have an equality of votes, such papers each having the name of one of the said members written thereon, one paper for each candidate ; the papers shall be so folded that the names shall be inside and not visible without the papers being opened; the papers shall be mixed together in the box and the registrar shall draw by chance from the box in presence of such j)ersons as are present one or more of such papers sufficient to make up the required number ; and the persons whose names are upon such papers so drawn shall be declared elected. R.S.S. 1909, c. 110, s. 18. lieftion'"" "' ^'*' ^^^ council may make such regulations not contrary procedure |f) ^}jg provisious of this Act as they deem expedient for the procedure in respect of such elections. R.S.S. 1909, c. 110, 3. 19. Dispuaitioii of votinc papers 1(». The registrar shall retain the voting papers used at an election until all petitions in respect thereof have been decided. R.S.S. 1909, c. 110, s. 20 (redrawn). Disputed elections It. In the event of a dispute as to the election of mem- bers of the council the same may be decided in a summary way by a judge of the Court of King's Bench upon petition presented within ten days from the declaration of the result; the decision of the judge shall be final and the costs of the petition shall be in his discretion; the judge shall in and about such petitions have the like powers as in an ordinary cause in tho Court of King's P.enoh. R.S.S. 1909, c. 110, s. 21. Vacancies IS. In case of a failure to elect the requisite number of members of the council, or in case of a vacancy caused by the death, resignation or permanent removal from Saskat- chewan of a member during his term of office, or by any other cause, the registrar shall forthwith hold an election to VETERINARY ASSOCIATION Cap. 145 2243 ill I the vacancy and the person elected shall hold office for the remainder of the term of the member whom he succeeds. R.S.S. 1909, c. 110, s. 22 (redrawn). OFFICERS. 19. — (1) The council shall elect annually from among Executive , .,. -i.T 1 • committee its members a president, vice president and an executive committee of at least three; it shall also appoint a registrar who shall be a member of the association, (2) There shall be paid to the registrar and officers Kemunera- appointed by the council such salaries and remuneration for officers travelling expenses as may from time to time be fixed by bylaw or resolution of the council. R.S.S. 1909, c. 110, s. 23. ^O. The executive committee may be called together by Powers of the registrar at any time between meetings of the council to committea take cognisance of and action upon all such matters as may be delegated to it by the council or as may require immediate interference or attention, and any action taken by the com- mittee shall be reported to the next ensuing meeting of the council, and shall be valid until so reported, when the council may deal with the same as it deems expedient ; but the com- mittee shall have no power to alter, repeal or suspend any bylaw of the council. R.S.S. 1909, c. 110, s. 24. 21. The council may make rules and regulations as to Meetings of the times and places of the meetings of the council and the '"'""" mode of calling the same, which rules and regulations shall remain in force until altered by the council. In the absence of any such rule or regulation it shall be lawful for the presi- dent or, in the event of his absence or death, for the vice president to call the same at such time and place as to him seems fit. R.S.S. 1909, c. 110, s. 25. 23.- — (1) In the event of the absence of the president Acting from any meeting the vice president or in the absence of the ^"'" ^^ latter some other member of the council to be chosen from the members present shall act as president. (2) Four members of the council shall form a quorum. (Riorum (3) All votes of the council shall be decided by a majority casting vote of those present and in the event of an equality of votes the president for the time being shall have a casting vote in addi- tion to the vote to which he is entitled as a member of the council. R.S.S. 1909, c. 110, s. 26. 23. There shall be paid to members of the council such Remunera- fees for attendance and such reasonable travelling expenses council as mav from time to time be fixed by bylaw or resolution passed by the council. R.S.S. 1909. 'c. 110. s. 27. 2244 ( ap. 145 \ 1 ; 1 K U 1 N A in ASS o C I A I' 1 ( ) .\ KEGISTRATIOX. RefTister > i yi^^, cnuurW sli:.!] r-nnsc to U' kept hy iIk' resist rar a icLiistcr (torni IJ ) iu wliicli lie shall ciiicr the luinu's and the achlrcssos of all ])ivsont mornbors of the association and, from rime to time, of nil ihtsoiis who. lia\ing' complied with the |)rovision.s of this Act :iud with the rules, regulations and liylaws made therennch'r. aie entitled to receive a license; and those persons onl\' whose nntnes are inscribed in such register >liall receive the annual license as hereinafter pro- vided. Such register shall l»e o])en to inspection at all limes. R.S.S. 1000, c. no. s. 28. Willi may be registered *'.">. The following persons upon compliance with the pro- visions of section 2G shall be entitled to be registered and receive a licensi^ as herein prc^vided : (a) ])ersoiis who on the iliiid da\ of AFav, 1000, were entitled by law to pi-acfise \-eterinary surgery in Sa'^katehewan ; (h) ])ersoiis possessing diplomas or certifieates entitling rliem to jiractise as veterinary snrgeons in any part of His Majesty's dominions granted prior to the Iwenty-thirii day of Januarv. 1000, by any body or association empowered b\- law to grant such diplomas ()!■ certificates iind recognised by the Tnixcrsitv of Saskatchewan; (r) gra(!uat( s of an\- xclerinary school (U- collei;e hav- inu' a regular curriculum (d" not less than three sessions of six months eacli and recogTiised by the rnivei-sity of Saskatchewan ; (d) licentiates under 77/c Velerinnry Associalinii Ads of the other ))rovinces of Canaihi providiMl those provinces grant like pi'i\ileges to licentiat(>s under this Act; (c) \'eterinar\ inspectoi-s appointed under tiie pro\i- sions of The Anivuil ('oiihnjioiis I){.) and (r) shall be admitte(l mem ers _^^ ^^ member of the association on i)aynient of the admission VETKRINARY AiSbOCl ATlUN (."ilp. 145 2245 fee fixed hy the coujicii pursuant to section .Xi, and produc- tion to the registrar of the document authenticating the qualification in respect whereof he desires to l»e registered. (2) In case of aii\ person seeking to (jualit'v under sub- section (b) or (6-) of section 2r». lie sliall he required, in addition, to pass sucli examination as tlu; council of the l^niversity of Saskatchewan may prescribe and to produce proof satisfactory to the council of the association that he was in good standing and in the actual practice of his pro- fession u]) to the time of his coming to Saskatchewan. R.S.S. 1009, c. 110. s. i](): 1914, c 20, s. 12. "il . X(i j)crsoii shall be ajipointed a district \eterinarian I'l i ii'- ■or a xcterinary surgeon in any branch of the public service of Saskatchewan unless licensed under this Act. R.S.S. I'.iOO, c. 110. s. 31. "'i^. J'crsons licensed under this Act shall he entitled t<> Pri.te.s.-,iouai ,..,/.«.. . 1 . 1 1 J uitiioss fees ]>i<»fessional fees for giving evidence m such cases as relate to veterinary practice! R.S.S. 1909. c. 110, s. 32. 39. Everv person who applies to have his name entereil -^I'peai to in the register may appeal to the council of the association from any (hudsion of the registrar, and the council shall hear fhe appeal and determi'.ie the matters in question. R.S.S. 1909, c. 1 10. s. 33. rilKS AXn CERTIFICATES. 30. The council shall have the power to fix the admission Fees and and annual fees, and shall prescribe the form of certificates to be issued by the registrar. The admissicm fee shall not be gTeafer than $25 and the annual fee shall not be greater than $10; all fees and other moneys payable to the associa- tion shall be paid to the registrar and may he ap])lied in carrying out the ju-ovisions of this Act. R.S.S. 1909, c. 110, s. 34. 31. Tlverv memlx'r of the association in active ])ra('tice inAnmuUfee Saskatchewan shall, on or before fhe fiffeenfh day of January in every year, pay to the registrar fhe annual registration fee, and everv person who snbsetpiently to fhe fifteenth day of January in any yviw receives a license to practise shall before enfering; upon active practice pay such registration fee. R.S.S. 1909. e. 110. ?. 35. 32. l^pon I'cceipf of fhe annual registration fee the regis- Annual trar shall forthwith issue to fhe person from whom such fee ""^"'^ is received a license to practise veterinary surffery for fhe year in respect of which such fee is paid, which license shall lie in the form prescril»e(l hv the council an 1 shall be signed 2246 Cap. 145 VETERINARY ASSOCIATION hy the registrar and sealed with the seal of the association. Such license shall be prima facie evidence in all courts of Saskatchewan and in all proceediniis of whatsoever descrip- tion that the person named therein is duly licensed to practise veterinary surgery. R.S.S. 1909, c. 110, s. 36. PRACTITIONERS. Practitioners 33, Thosc pcrsous Only who have received a license to practise and who have paid the annual registration fee shall be entitled to practise veterinary surgery in Saskatchewan. ColK-ction of /ees RS.S. 1909, c. 110, s. 3'i 34. — (1) 1^0 person shall be entitled to recover any fee or remuneration for professional services rendered or mate- rials or appliances provided by him in the practice of veter- inary surgery unless he holds a license to practise at the time such services are rendered or materials or appliances pro- vided. (2) Nothing in this section shall prevent any person from suing for and recovering in any such court any amount or amounts which he would be lawfully entitled to sue for and to recover for any professional services performed or rendered by him or materials or appliances so provided by such person prior to the coming into force of this Act. (3) The provisions of this section shall not apply to any charge for castration, dehorning or spaying. R.S.S. 1909, c. 110, s. 38 (redrawn). Council may hear and determine charges DISCrPLINAKY. 35. — (1) The council shall have jurisdiction to hear and determine any charge made against a member of the associa tion of having violated the bylaws, rules or regulations of the council, or any charge of mnlpractice. (2) Upon receipt of any such charge the council shall fix a time and place for hearing the same, of which time and place the person accused and the complainant shall have at least fourteen days' previous notice, and at the time and place so fixed the council shall meet and hear such evidence as is adduced, and if the charge is proved the council may suspend the person accused from practice for such period as it thinks fit or may cancel his license and remove his name from the register. (3) The member suspended or whose license is cancelled may be reinstated, his license renewed and all his rights and privileges thereunder restored in such manner and upon such terms and conditions as the council deems meet. R.S.S. 1909, c. 110, s. 39 (redrawn). VETERINARY ASSOCIATION Cap. 145 2247 3(>. Upon the bearing of any charge under section 35 theoaths member of the council having the conduct of the proceedings may administer any oath to any v^'itness produced for exam- ination thereat. K.S.S. 1909, c. 110, s. 40. 37. Any person suspended from practice or whose license Appeal to has been cancelled and whose name removed from the register may, at any time within six months after the date of the order of the council, appeal to a judge of the Court of King's Bench for such relief as the nature of the case may require, and the judge to whom such appeal has been taken shall, after due notice to all parties concerned, hear the said appeal and make such order as to the restoration of the name of the appellant or confirming such removal of his name or for further inquiries into the facts of the case by the council and as to costs as he shall deem just. R.S.S. 1909, c. 110, s. 41 (redrawn). 38. The council mav order to be paid out of the funds at p'.^t* "f ^ J: , frivolous its disposal such costs as it deems just to any person against ''harges whom a charce has been made which when formally deter- mined is found to be frivolous and vexatious. R.S.S. 1909, c. 110, s. 42. PENALTIES. 39. Any person not holding, a license to practise veteri- pJJ.^"^''*^®^ nary surgery, or who has not paid the annual fee payable by him in any year as hereinbefore provided and who: '- (a) either publicly or privately for hire, gain or hope of reward, practises veterinary surgery, except the castration, spaying or dehorning of animals ; or (h) appends to his name the title "veterinary surgeon," or any abbreviation thereof; or (c) holds himself out to be duly qualified to practise veterinary surgery ; or (d) assumes any title, addition or description imply- ing or designed to lead the public to believe that he is dulj^ qualified ; or (e) prescribes or administers medicine for or to animals for hire, gain or hope of reward ; shall be liable on summary conviction to a penalty of not less than $20 and not more than $100 for the first offence, and to a penalty of not less than $50 nor more than $200 for each subsequent offence. R.S.S. 1909, c. 110, s. 43 (redrawn). 40. The convicting justice shall forthwith after the pay- fransmiu'e^d ment of the amount of any penalty to be paid by any such *° ""egistrar person so convicted as aforesaid transmit the same to the re2:istrar and such penalty shall belong to the association for its use. R.S.S. 1909, c. 110, s. 44. 2248 Cap. l-l-.-> \ K I' !•; 1{ I N A U \' A S S O C I A T I O N Liinitatiou uf proaeriitiiins 41. Imhtn juMsccnrhiii iiiidcr ilii> Act shall he commenced within six months at'irr the (•(tiiiiiiissidu of the allcii't'd offence. K.S.S. I!l()i>. e. 11(1. s. ■[:>. Onus of proof l"*. Ill aii\ pr(»6cciil ion tor an otlcnce set out in sec^tion 39 the onus of proof that tlie person against whom snch practise veteiinary snri):;ery (•(1 to charge is laid is diilv cut it I and is dulv rciiistcrcd shall he njioii the person aiiainst \vh(mi sueli chai-c i< made. IJ.S.S. Ilt09, c. 110, s. U'k :\rEF.TIXGS. meeting Hi. There shall In- lieneral meetings of the association as hereinafter |>i'ovi(ksent having a right to vote thereat sliall decide n|>o!i the matters brought before sneh meetings, the person ])residini: having in ease of an eqnality of votes a eastinii' vote. K.S.S. liJOl). c. 110, s. 47. Time and place of nicotings 44. The nienibei-s of the association shall hold an annual general nie<'ting .md snch special genei'al meetings as the conueil may deem advisable; the annual iieneral meeting shall be held at snch time and place as may be fix(>d by the council; notice of the time of such annnal i^eneral nuM'ting shall be <:i\-en in sncli nninncr as th(> eonncil nniy by bylaw determine: anil njion a reipiisition in writing signed by five members of the association entitled to vote reipiesting the council lo hold a special general meeting such meeting shall aecordiniily be held within such reasonable tim(^ not excec^d- inii' thirtv days as the eonncil shall deem lit and notice thereof shall be given in manner to be fixed by the eonncil. R.S.S. 190!t, c. 110, s. 48. Objects of association T.VJ.AWS, RULES AND REGULATIONS. 45. I'lie objects of the association shall inclnde the study of veterinary science and practice with a view to a more thorough nndei'standinii' ''»f the diseases, contagions and other- wise, to which the doiue~i icaieil aniiuals of Saskatchewan :ii-(. liable: and the council . 111. iM':'i'n;\s, Oenerai return 4(>. The I'ciiistrar shall, whenever reipiired l>y the Lien- tenant (iovernor in (ounci! so to do, transmit to tlie Pro- \-incial Secretarv a ce>-iitied icturii under the seal of the as.sociation settiin> foi-rh all su"li information and particidars i-elatinc to the association as ma\ from time to time be reipiired or asked for. R.S.S. lOOO'. c. 1 10, s. .-.0. VETERINARY ASSOCIATION Cap. 145 8C IT EDIT I.E. FORM A. (Section G) Voting Paper. 2249 I, resident at in the Province of 8ask;itchevvnn. do lierel)v declare: 1. That I iiiii ;i iiieiiibcr of The \'eterinary Association of Saskatchewan ; 2. Tliiit the signature affixed hereto is of my proper haiid- writinc; ; ;3. Tliat I vote for the following persons as members of the council of the association : A. B. of the (;. D. of the E. F. of the (I H. of the J. K. of the L. M. of the N. 0. of the 4. That 1 have signed no other voting paper at this elec- tion; 5. That this voting paper was executed on the day of the date hereof. Witness niv hand this day of 19 . No. Name FORM B. (Seclion 2Jf) Register. Residence Date ot gradua- tion Where graduated Date of regis- trnti' n Remarks CHAPTER 146. H An Act respecting Auctioneers. 18 Majesty, by and with the advice and consent of the Leo'islativeAssemblv of Saskatchewan, enacts as follows: Short title 1. This Act may be cited as The Auctioneers Act. License* "'i. No pei'son shall carry on the business of an auctioneer or conduct a sale bv auction within Saskatchewan without having first obtained a license therefor from the l^rovincial Secretary, and no city, town, village or rural municipality or officer thereof shall issue or permit the issue of a license to any auctioneer who does not first produce a provincial license then in force hereunder. 1912, c. 86, s. 1. Property sold 3. All property sold by auction in Saskatchewan shall be sold bv an anotion<>or duly licensed imdci- this Act except: ( a) the movable and immovable property of the Crown ; (h) any property sold by the aulhority of a munici- pality where the upset price, or the amount to be realised from all the property sokl at any one sale, does not (exceed in the aggregate $100; (r) property sold niidcr the authority of a court or under a j)owoi' of sale coulnined in a mortgage and in accordance Titles Act; with the »!'n\ isions of The Land (d) agricultui-al ))rodncts sold under the aus]>ices of an agricultural society organised under the provisions of The Agricultural Societies Act or under the auspices of the Extension Department of the Col- lege of Agriculture or the Provincial Winter Fair Board or any recognised provincial breeders' asso- ciation. 1012, c. 36. s. 2. Grades of lioenses 4. — (1) There sliall be three grades of licenses issued under this Act whicli shall, subject to the provisions of sub- section (2), authorise lhe holders thereof to sell by auction witliin the limits, iind (Uily within the limits, covered by their respective licenses, namely: 1. A license authorising the holder to sell in any place within Saskatchewan; 2. A license authoi-i-ing the holder to sell in any place within Saskatchewan except cities ; AUCTIONEERS Cap. 146 2251 3. A license authorising the holder to sell in any place within Saskatchewan except cities or towns. (2) Every holder of a license shall conform to the lawful regulations respecting the licensing of auctioneers in force in any municipality within which he is authorised to sell. (3) No municipality shall make regulations which shall discriminate between the holders of licenses hereunder. 1912, c. 36, s. 3 (redrawn). 5. There shall be paid to the Provincial Secretary for License 1. '11 1 fees icenscs issued hereunder: For a license Authorising the holder to conduct sales in any part of the province $50.00 For a license authorising the holder to conduct sales in any part of the province except within the limits of a city $25.00 For a license authorising the holder to conduct sales in any part of the province except within the limits of a town or city $10.00 1912, c. 36, s. 4. 6. Any person who : Penalty (a) not being the holder of a license then in force sells or takes part in the conduct of a sale by auction; or (b) having a license of one class sells or takes part in the conduct of a sale by auction outside the limits of the territory covered by his license; or (c) sells property by auction contrary to the provisions of this Act; shall, whether or not he is the owner of the property sold, be liable on summary conviction to a penalty not exceeding $100. 1912, c. 36, s. 5 (redrawn). 7. Every license issued hereunder shall expire on the Duration of I1C6IISG thirty-first day of December of each year. 1912, c. 36, s. 6. 8. Nothing herein contained shall apply to a livery stable, ^^^^^^^^ boarding stable or sales stable keeper selling any animal or excepted effects detained by him under section 4 of The Livery Stable Keepers' Act. 1917, e. 34. s. 27. H CHAPTER 147. An Act respecting Hawkers and Pedlers. IS Majcslv, l)v and with the advice mid cousent of the I.oc'islativo Assenil)lvof Saskatchewan, enacts as follows: ^'"■"*'"" 1. This Act mav Iw cited as The Uairlcers and Pedlers Act. 'w. Ill ihi> Act. indcs> the context otherwise re(|uires, the liiterprctatioii expression : or''''podkT" 1- "llawkttr"" or '"jjedler"" means a })ersoii who: (fl) goes from honse to honse selling or offering for sale goods, wares or mercliandise ; or [h ) carries and e.\|ioses for sale goods, wares or mer- chandise; or (c) carries and (^xpose.s samples or patterns of goods, wares or mei-cliandise or sj^ecimens of work done, cuts or blue priiiis for purposes of sale hv such samjiles, patterns, specimens, cuts or hliie prints, and upon the understanding that such goods, wares (tr merchandise will afterwards be delivei'od in the province to any person who is not a wholesale or i-etail dealer theivin : or (il) sells goods, wares or mei'chandise upon the streets; not withstanding that the sale inclndes an agreemcutt regard- ing the ei-ecli(tn. cons! r)ici ion or installation edler shall sell or offer for sale any goods, wares or merchandise of any sort or class other than those set forth in his license. 1012, c. 37, s. 3. HAWKERS AND PEDLEK.S i'a\). 147 2251^ 5. — (1) For every hawker's or itedlcr's license there sliiill i.ifonse be paid to tlie Provincial Secretary \]\c. sum of on(> lnin(lre of five dollars. 1012, c. 37, s. 4; 1917 (sess. 2). c. 41. s. 1; llil!)-20. c. r.4, s. 2. 6. Any person violating' any of ilic proxisioiis of this .Vet shall be liahle on siimnuiry conviction to a penalty not exceedinii' $100. 1!)12, c. ':57. s. r.. I'ril.llly CHAPTER 148. H An Act respecting Hotel and Boarding House Keepers. IS Majesty, by and with the advice and consent of the LedsiativeAssemblvof Saskatchewan, enacts as follows: Short title Right of detention and sale of goods Iiiability 1. This Act mav be cited as 77/ e ITotelkeepers Act. R.S.S. 1909, c. 140"^, s. 1. 2. — (1) Any hotel, boarding or lodging house keeper may seize and detain in his hotel or house or on his premises, before the same have been removed therefrom, the trunks and personal property of any person who is indebted to him for board and lodging; and he shall have, in addition to all other remedies provided by law, the right, in case his charges remain unpaid for three months after the seizure, to sell by public auction the property seized. (2) Such keeper shall post and keep posted for one week on the outside of the door of his hotel, boarding or lodging house, a notice of the intended sale, giving: (a) the name of the guest, boarder or lodger; (h) the amount of the indebtedness; (c) a description of the baggage or property to be sold: (d) the time and place of sale; and (e) the name of the auctioneer. (3) Such keeper may apply the proceeds of the sale in payment of the amount due him and the costs of advertising and sale; and he shall, on application, pay over the surplus, if any, to the person entitled thereto. (4) In case application therefor is not made forthwith, he shall pay the surplus to the Provincial Treasurer who shall hold the same for the owner for one year, after which time, if the owner has not previously claimed the amount, it shall form part of the consolidated fund. (5) The hotel, boarding or lodging house keeper shall be responsible for the safety of the goods seized while under detention. E.S.S. 1009.' c. 140, s. 2 (redrawn). 3 (1) No hotel keeper shall be liable to comj^ensate a guest for loss of or injury to goods brought to his hotel, not being a horse or other live animal or any gear appertaining thereto, or a carriage, to a greater amount than $200, except in the following eases, that is to say: HOTEL KEEPERS Cap. 148 2255 1. Wheu such, goods have been stolen, lost or injured through the default or neglect of the hotel keeper or his servants ; 2. When such goods have been deposited with tho hotel keeper for safe custody. (2) In case of deposit of goods for safe custody the hotel keeper may require as a condition of his liability that the goods shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. R.S.S. 1909, c. 140, s. 4 (redrawn). 4. If an hotel keeper refuses to receive the goods of his safe custody guest for safe custody, or if the guest shall, through any "^ ^°'"^^ default of the hotel keeper, be unable so to deposit his goods, the hotel keeper shall not be entitled to the benefit of this Act in respect of such goods. R.S.S. 1909, c. 140, s. 5 (redra^vn). 5. Every hotel keeper shall cause to be kept conspicuously Copy of Act posted in the office and public rooms in his hotel a copy of fnhoter* this Act printed or plainly written, and he shall be entitled to the benefits of this Act in respect of such goods only as are brought to his hotel while such copv is so posted. R.S.S. 1909, c. 140, s. 6. 6. Every person who obtains food, lodging or other Penalties accommodation at an hotel, boarding house or lodging house, pretence with intent to defraud the owner or keeper thereof, shall be liable, on summary conviction, to a fine not exceeding $50 or to imprisonment for a period not exceeding ten davs, R.S.S. 1909, c. 140, s. 7 (redrawn). 7. Proof that lodging, food or other accommodation was Onus of obtained by fraud or by false or fictitious show or pretence ^"^"^ of baggage, or that the party obtaining such food, lodging or other accommodation absconded or left the premises without paying or offering to pay for such food, lodging or other accommodation, or without reasonable and true excuse made by him before leaving to the proprietor of such hotel, boarding house or lodging house, or that he surreptitiously attempted to remove his baggage, shall be prima facie evidence of the fraudulent attempt mentioned in section 6 ; but this Act shall not apply to boai-ders by the week or for a longer period or to cases where there is or has been an agreement between the proprietor of such hotel, boarding house or lodiiino- house and such boarder for delay in pay- ment. R.S.S. 1909, c. 140, s. 8. CHAPTER 149. An Act rosi)Octing Kc('i)ors of Livery, Boarding and Sale Stables. H I •'^ Miijcsiv. l)v :uul wiili the inlvice and consent of the l.ciiislativcAssemblyof Snskatcliewan, enacts as follows: ^''"^•""•' 1. This Act iiinv lie ciicl :is The TAvevii Slahle Keepers Arl. K.S.S. l!)(l!». r. 141. s. 1. iiiUTpret!.- ^> 1,1 jjij^ \^^,^ inilc-s the cuiitcxt othci'wise requires, the expression : stabir' ^- "l'i\'t'i'y stable kicpci'"' lucaiis jiiiv person who fur a k.op.r • money consideration or the equivalent thereof carries on the business of letting or hirinii' out carriages, sleighs or other vehicles, or horses or otlier aninuils. wlicthcr with or without vehicles, and whether accompanied by an cuudoyee of the li\erv staMe keeper or not; stabk'''''""' ^- "-l^oarding stabh' keeper" uicaiis any jjcrson who, for •tppp"" a money consideration or its (■(pii\;dcnl. slahlcs. boards or cares for animals; ki^eper •■•'"''''" '"'• ''^ales stable keeper"" nutans any i)erson wlio stables, l)oards or carets for animals otlier than his own, with the intention of sellinii' or disposing of the same, and who receives or is to i-eceive payment for such services whether in ihc nature of a cnmniis^ion or otherwise. K.S.S. 1009, c. 141, s. 2. •''':""," , •>. Everv liverv -lahh', hoardinu stabh- or sales stable .•mimnl.- :uiil • ■ _ , , . .-fTofts kee|)er shall have a lien on tli(> animals and eftects herein- after mentioned for the \alne or price ot any tood, care, attendance or accommodation hirnished lor an\' snch aninuvl or elfects and in addition to all other renu'dies provided by law may detain in his custody and possession any animal, vehicle. Iiarness fnrnishings oi' other gear appertaining thei'eto and the i)ersoual effects of any ])erson who is indebted to liini foi- slaltling, hoai'ding or cai'inu" for such animal. Tl.S.S. 11)00. c. 141. s. ;5. Animals Mii.i 4 (1) Evei-y li\cry stable, boardinu stal)le (U- sales stalili' keener who has exercised the I'i^ht of detention by (Irl.ti neil this Act provided sliall keep in his possession and be responsible for the pi-oper care of any aninuil or elfects detained hy him for the fnll period of such detention, unless thev are sooner released. (2) If the f.wuer does not reclaim the animals and effects so detained hy paying the indebtedness in res))ect of the same within one month from the commencement of such detention, the keei)er detaining nuiy sell or cause tlie -anie to be sobl LIVERY STABLE KEEPERS Cap. 141) 2257 l)y public :iii<-ii(iii on i;iviiig Iwo weeks' notice of sale by naying the debt for which such detention Avas made ; and the surplus, if any, shall on application be i)aid to the person entitled thereto. RS.S. 1909, c. 141, s. 5. ^>. Tn case the owner does not apply for the same within i^uiance of one month from the day of sale, such surplus shall he handeil sale over to the Provincial Treasurer to be ke])t l)y him in a special trust account for one year, after which time if the owner does not appear or claim the amount so kept the 9-ime shall be paid over and belong to the consolidated fund of the ]>rovince. E.S.S. 1009. c.^141. s. (',. 7. It shall be the dutv of everv liverv stable, boarding t:"Pi" "'" -^^ IT 11 111' i ' .... '^ to he posted stable and sales stable keeper to have a copy oi this Act in stable hung or posted in a conspicuous place in every such stable, and in default of comjdiance with this section he shall not be entitled to the benefit hereof. PuS.S. 1909. c. 141. s. 7. 8. — (1) Everv livery stable, boardino- stable and sales stable to be ,,, I'n • 1 ix'v-i 1 cleansed and stable keeoer shall everv vear, m the months ot April and disinfected October, thoroughly cleanse all the stalls, mangers and feed boxes in his stables by washino- them with soa]) and hot water and applying immediately afterwards to every pai't thereof a solution of bichloride of mercury in the pi-oportion of onedinlf drachm to one gallon of water. (2) Any such stable keeper who fails to carry out the provisions of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine of not more than $10 for the first offence and not more than $25 for each sub- sequent offence. R.S.S. 1909. c. 141, s. S (redrawn i. CHAPTER 150. An Act respecting Private Detectives. H IS ^fajestv, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: short title 1. This Act may be cited as The Private Detectives Act. 191i'-13, c. 25, s. 1. License required 2. 'No person shall engage in or advertise himself as engaged in the business of a private detective or indicate upon any letter, document or paper that he is so engaged without having first obtained a license from the Attorney General. 1912-13, c. 25, s. 2; 1914, c. 20, s. 8. Application License »nd fee ♦5. Any person desiring a license under section 2 shall apply in writing (form A) to the Attorney General and shall enter into a bond approved by the Attorney General executed by a guarantee company in the sum of $2,000 for the faithful, honest and lawful conduct of such business by such applicant. 1912-13, c. 25, s. 3; 1913, c. 67, s. 30. 4. The Attorney General, upon such application and upon such further inquiry and investigation as he deems proper into the character and competency of the applicant and upon approving the bond mentioned in section 3, and upon receiving from the applicant the fee of $200, may issue and deliver to such applicant a license to conduct such business for the term of one year from the date thereof (form B) ; such license may be renewed annually on a further payment of $200 per annum but shall be revocable at any time by the Attorney General for cause. 1912-13, c. 25,%. 4; 1917 (sess. 2), c. 48, s. 1. Employees of dete<'tives 5. Nothing in this Act shall apply to employees of duly licensed detectives; but a licensed private detective shall be responsible for the conduct of his employees. 1912-13, 25, s. 5. Constables not licensed detectives 6. No person while holding the position of a constable shall do any of the things for which a license is required bv section 2. 1912-13, c. 25, s. 6. Penalty T. Any person violating the provisions of this Act shall be liable on summary conviction to a fine of not less than $200 nor more than $500 for each offence. 1912-13, c. 25, s. 7 Predrawn). i PRIVATE DETECTIVES Cap. 150 2259 8. i>^othing contained iu this Act shall prevent any con- Constable may stable or other peace officer from acting as a detective detective whenever in the ordinary course of his business it may be necessary or advisable for him to do so. 1912-13, c. 25, s. 8. SCHEDULE. FORM A. {Section 3) The Private Detectives Act. I, .of the of , in the Province of , apply for a license under the said Act to engage in the business of a private detective as provided in the said Act. Dated this dav of 19 . To the Honourable The Attornev General. FORM B. (Section J^) The Private Detectives Act. Pursuant to the provisions of this Act I hereby grant per- mission to of in the Province of to carry on the business of n private detective under the provisions of the said Act. This license is to be in force for one year from this date. Dated this day of , 19 . Attorney General. VcL 11—36. CHAPTER 151. All Act for the Licensing and Regulation of Produce Commission Merchants. H IS ]\Iajost}'j by and with the advice and consent of tlio Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITI.E. Short title 1. Tliis Act may be cited as The Produce Commission Merchants Acl. 1019-20, c. 51, s. 1. INTERPRETATION. Iiitprpreta- tioii " Minister" " Person" " Produce" " Produce coiiunissidii merchant" 3. In this Act. unless the context otherwise requires, the expression: 1. "Minister" incans the Minister of Agriculture; 2. ''Person" includes a partnership, an association or an unincorporated company; ?>. "Produce" means any agricultural product or farm produce, except milk, cream and grain and except live stock when sold in a ])u1)lic stock yard in Saskatchewan; ■ 4. ''Produce conmiission merchant" means a person who by himself, or his clerk, servant or agent, as his prin- cipal business, receives produce for sale either on commission or for account or credit of the consignor. 1919-20, c. .51, J AC K i\" S KS A .\ I » I '.( ) .\ OS. Application for license •i.— ( 1 ) Aii\ person dcsiriiii^ lo carry on the business of a |iro(lii<'c commission iiicicliaiii in Saskatchewan shall make application in writing to the minister for a license tor that ]uir])Ose, stating the locality or address where lie intends to carry on business. (2) '{'he application shall be in such form as may be prescribed bv the Lieutenant 'Joxci'iior in Council. 1919- 20, c. 51, s. 3. Bond by applicant 4.^(1) Where the application is approved the appli- cant shall enter into a bond for two thousand dollars to His ^Fajc^stv with one or more sufficient sureties conditioned as .set forth in regulations to be prescribed ly the Lieutenant Governoi' in Council, such bond to be approved by the minister. PRODUCE COMMISSION MERCHANTS Cap. 151 22(31 (2) The minister may at any time rc^quire such addi- tional bond to be g-iven as he deems necessary. 1010-20, c. 51, s. 4. «>• — (1) Uj^on the approval oi' the bond and upon pay- issue of ment of a license fee of ten doUars, the minister shall issue '''*"^^'' a license authorising the applicant to carry on the business of produce commission merchant until the expiration of the current license year. (2) The license shall be in such form as may be pre- scribed by the Lieutenant Governoi- in (-ouncil. 1019-20, c. r>l. s. 5. <>. Every license issued under this Act shall oxpir(> on Renewal the thirti(>th day of April following the date of issue, and "^ "''"'"^ shall be renewable from year to year on payment of a fee of $10 and on compliance with the provisions of this Act and of any regulations made thereundei*. 1019-20, c. 51, s. G. < . If at any time the minister considers that ir is in Suspension the public interest that a license should be suspended t)r cation of rcn'oked, he may so recommend to the Lieutenant Governor "^^''''*' in Council, who maj suspend or revoke the same. 1910-20, c. 51, s. 7. 8. 'No person who is not the holder of a valid and sul)sist-^sto"im-°" ing license shall act or engaae in business within Saskatche- "*'^'""''' ^ o ^. persons wan as a produce commission merchant. 1919-20, c. 51. s. S. DUTIES OF PRODUCE COMMISSION MERCHAISiT. ot •• transactions ^' — (1) Every produce commission merchant ^ball, transl upon the receipt of a consignment of produce and as lu handles and disposes of the same, make a record in a book to be kept for the purpose, of all transactions relating thereto. (2) Such record shall specify the name and address of the consignor, the date of receipt of the consig-nment, the kind and quantity of produce received, the date of sale, the fiuantity sold, the selling ]n-\oo thereof and the expenses con- nected therewith. (3) A report of the sale containing the ]iarticulars men- tioned in subsection (2), (form A), shall, together with the balance due to the consignor, be mailed to him within five days after the sale of such consignment has been completed. The names and addresses of purchasers shall be furnished by the produce commission merchant when demanded by the consignor. 2262 Cap. 151 produce commission merchants (4) Whenever any produce commission merchant buys for himself any produce consigned to him the report of the sale shall contain a statement that he has purchased for himself the produce therein mentioned. 1919-20, c. 51, s. 9. Coiuplaint by eonsinnor GENERAL. 1^ — (1) A consignor, who has not received a report of the sale of a consignment and payment of the balance due to him within the time limited by section 9 and has made a demand therefor, or, having received such report, is dissatisfied therewith, may make a complaint in writing to the minister verified by affidavit or statutory declaration. (2) Upon receipt of such complaint the minister shall cause an investigation to be made, and may for the pur- poses of the investigation compel the produce commission merchant to produce his books, records or other documents and to give all information in his possession regarding the matter of the complaint. (3) Upon completion of the investigation the minister shall render to the complainant a written report of the results thereof, which report shall be prima facie evidence of the facts found as stated therein. 1919-20, c. 51, s. 10. SSi°>>s'"''^ ^^' Every person who violates any of the provisions of this Act or of any rule or regulation made hereunder shall be guilty of an offense and shall, in addition to any other punishment prescribed by law, be liable upon summary conviction to a penalty of not more than $1,000, and to imprisonment for not more than one year. 1919-20, c. 51, s. 11. Acts con- stituting ao offence 13. Everyone is guilty of an offence against this Act, who: (a) does or omits any act for the purpose of aiding any person to commit the offence ; or (&) abets any person in commission of the offence; or (c) counsels or procures any person to commit th« offence. 1919-20, c. 51, s. 12. PRODUCE COMMISSION MERCHANTS Cap. 151 2263 SCHEDULE. FORM A. (Section 9 (S) ) Report of sale of produce commission merchants under The Produce Commission Merchants Act. No License year 19. . . .to 19 License No (Space here for name of licensed produce commission mer- chant) Licensed produce commission merchant. 19. . . (Date) To (Name of consignor) (Address of consignor) Received from you on the date specified farm produce listed. Date Kind and quantity of produce received. We advise that the following sales have been made for your account. Date of sale Kind and quantity of produce sold Price Proceeds $ $ $ Total gross proceeds $ Expenses as follows: Selling commission at per cent. $ Other expenses (give details) $ $ Total expenses $ Balance enclosed $ 2. HUSBAND AND WIFE. CHAPTER 152. H An Act respecting Marriages. rS Mai est V, bv and with the advice aud consent of the r.f'a'is;lativoAsf5oiTil)lvof Saskatchewan. fiinctp as follows: •^liort title SHORT TITLE. 1. Tliis Act may ho cited as The Marriage Act. R.S.S. ,000. e 133. s. 1. SOLEMNISATION OF MARRIAGE. Willi may perform marriage oereinnny Marriage leremony not to be performed without license or iianns 2. The ministers and clcreyraan of every church or reli- gious denomination duly ordained or appointed according to the rites and ceremonies of the churches, denominations or religious bodies to which they respectively belong; and any catechist, missionary or theological student duly appointed or commissioned by the governing body of any church or religious denomination with special authority to solemnise marriages, and commissioners and staflF officers of the Sal- vation Army, may by virtue of such ordination or appoint- ment and according to the rites and n sages of such churches, denominations or religious bodies respectively; and com- missioners appointed for that ]mrpose by the Lieutenant Governor in Council. \u:\\ solemnise or perform the cere- mony of marriage between any two persons not under a legal disqualification or disability to contract such marriage. R.S.S. 1009, c. IfJ.), S. .i 1910-11, c. 41, s. 8. 3. — (1) Except as hereinafter provided no marriage commissioner shall solemnise marriage unless the parties to the intended marriage produce to him the license provided for by this Act; and no minister or clergyman or other per- son authorised to perform the ceremony or marriage shall soleoinise marriage unless the parties to the intended mar- riage produce to him such" license or unless the intention of the two persons to intermarry has been proclaimed by publi- cation of banns ai least once on each of two Sundays in some public religious assembly, (2) A certificate (form G ) of the due publication of banns shall be furnished by the person publishing the banns on the application of either party to the intended marriage and on payment of the fee of fifty cents therefor. R.S.S. 1909, c. 133. s. 3. MARRIAGE ( "ap. 1 52 2265 4. All marriages shall bo soloiniiisod in the presence of v\iinosses 1wo or more credible witnesses besides the minister, clergy- man, marriage conniiissioner or other person performing the ceremony; and every person solenmising a marriage shall uegistration register the same according to the ])rovisions of TJie Viial Statistics Act. IJ.S.S. 190!t. c. l.'J:;, s. 4. 5. No person dnly anthoriscd in conformity with the No action provisions of section 2, who solemnises a marriage shall bepwson subject to any action or liability for damages or otherwise mnt-riape"^ by reason of thei'e having boon any legal impediment to the marriage unless at the time when ho performed tlu; ceremony he was aware of the imped inioiit. K.S.S. 1009, c. 133, s. 5. ISSUE OF MARRIAGE LICENSES. 6. Marriage licenses (form A) shall be supplied from the issue of Department of the Provincial 8ecretary and shall bo issued'"'™""' to persons requiring the same by such persons as the Lieu- tenant Governor in Council names for that purpose. R.S.S. 1009, c. 133, s. 6. "y. Such licenses shall be sio'ned bv the Provincial Secre- signature of - tary and shall be and remain valid notwithstanding that the Provincial Secretary has ceased to hold office before the time of the issue of the"licenso. R.S.S. 1900, c. 133. s. 7. 8. Every issuer of marriage licenses shall sign each signature 3en 8. 8. license as the same is issued bv him. R.S.S. 1009, c 133, "' '°^"''' 9.- — ^(1) Before a license is granted by any issiun- one of --^ffi^'avit the parties to the intended marriage shall personally make an grant ot affidavit before him (form B). (2) The affidavit may be made before any justice of the peace in any case where it is inconvenient for both of the parties to be married to attend personally before an issuer of narria2:e licenses: Provided always that the reason that neith(n- party can so attend shall be set forth in such affidavit as a justification for the issuer granting license withont n personal ap]tlication by one of said parties. (3) Upon the back or at the foot of the primed forms of affidavits so to be made shall be printed a memorandum showing the degrees of affinity and consanguinity between the parties which bar or hinder the solemnisation of marriage between them (form TT). (4) The issuer or the justice of the peace shall before administorina' the oath to the applicant see that the applicant 2266 Cap. 152 MARRIAGE is aware of the degrees of affinity and consanguinity which are a bar to the solemnisation of marriage. R.S.S. 1909, c. 133, s. 9; 1913, c. 67, s. 20. Further evidence may be rpqiiired Consent to marriage of miniTs Quarterly returns of I i cense!" issued 10. In case the issuer has knowledge or reason to suspect that any of the statements in the affidavit of any applicant for a marriage license are not correct the said issuer shall require further evidence to his satisfaction before issuing the license ; and a copy of all such affidavits and evidence shall be placed on file in his office. R.S.S. 1909, c. 133, s. 10. 11. — (1) The father, if living, of any person under twenty-one years of age (not being a widower or widow) or if the father is dead then the mother of the minor or if both parents are dead then the lawfully appointed guardian or the acknowledged guardian who may have brought up or for three years immediately preceding the intended marriage supported or protected the minor shall have authority to give consent to such marriage. (2) Any female over the age of eighteen years who is living apart from her parents or guardians and earning her own livelihood may be excused from obtaining the consent of such parent or guardian and a statement of the facts con- stituting such excuse shall be set forth in the affidavit required by section 9. R.S.S. 1909, c. 133, s. 11. 13. — (1) Every issuer of marriage licenses shall on the fifteenth day of January, April, July and October in each year make a sworn return to the Provincial Secretary of all licenses issued by him during the preceding three months with the names of the parties to whom issued and shall accompany such return with the original affidavit taken in each instance ; the said return shall further state the number of unissued licenses in the custody of the issuer and shall be made in the form prescribed by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may in special cases dispense with the provisions of this section and may make regulations for special returns to be made in such cases. R.S.S. 1909, c. 133, s. 12. Return of unissued licenses Fees for licenses 13. Every issuer of marriage licenses shall whenever called upon by the Provincial Secretary make a sworn return of all licenses at any time supplied to him and shall return all unissued licenses if so required. R.S.S. 1909, c. 133, s. 13. 14. Every issuer of marriage licenses shall pay to the Department of the Provincial Secretary in advance the sum MARRIAGE Cap. 152 22()7 of two dollars for each such license received by him and he shall be entitled to receive from the person requiring the same the sum of three dollars and no more. R.S.S. 1909, c. 133, s. 14. riage, notice cominis- BiOTipr 15. In the event of any parties objecting to or not being civii mar; desirous of adopting marriage by a clergyman or minister oft? any religious denomination then and in that case notice in writing (form C) must be given by one of the parties to the marriage commissioner where such parties propose to marry at least fourteen clear days immediately preceding the day of the intended marriage and a declaration of nondis- qualification (form D) must be made and signed by each of the parties so proposing to marry; and forthwith upon receipt of such notice and declaration the same shall be entered upon a book to be kept for that purpose by the mar- riage commissioner in his office which shall be open to the inspection of the public. R.S.S. 1909, c. 133, s. 15. 16. Upon the due compliance of the parties with theCommis- siODcr s provisions of section 15 the marriage commissioner shall if certificate required give a certificate of such compliance (form E). R.S.S. 1909, c. 133, s. 16. 1?^. After the expiration of the said period of fourteen Marriage by days marriage may be contracted in the office of and solem- sioner nised by the said marriage commissioner according to the form and in the manner hereinafter mentioned but not otherwise : (a) provided that the marriage shall be contracted with open doors in the presence of two or more credible witnesses besides the marriage commissioner ; (h) provided further that in the presence of such mar- riage commissioner and witnesses each of the par- ties shall declare: "I do solemnly declare that 1 know not of any lawful impediment why, I, A. B.. may not be joined in matrimony to C. D.," and each of the parties shall say to the other : "I call upon these persons here present to witness that I. A, B., do take thee, C. J)., to be my lawful wedded wife (or husband)"; (c) provided also that there be no lawful impediment to the lawful marriage of such parties. R.S.S. 1909, c. 133, s 17. 18. — (1) Nothing in this Act shall be construed as in Quakers or any way preventing the people called Quakers or Doukho- ?o° t.^;''"' bortei from celebrating marriage (where either or both the 2268 Cap. 152 .mahuiv(;k parties shall be of the people called Quakers or Doiikho- bortsi respectively) aecor(lin<>- to the riahts and ceremonies ot" their own i-eiiuion or creed. (2) Subject to the t"ollo\vini>- provisions 'all such Quakers or Doukhobortsi desirous of being nuirried according to the rites and ceremonies of their own religion or creed shall, not less than eight gistrar of the division for the registration of births, marriages and deaths within which the said marriage was solemnised ; and such registrar shall deal with the said notice and declaration in the manner in which it is ])rovided by The Vital Stalisfies Act that sucii registrar shall deal with the forms containing the original entries of marriages re])orted to him during the month then current. R.S.S. 1909, c. 138, 's. 18. iscirissui'^'of -^•^' -^"y P<'i"-^<"' unlawfully issuing a marriage license 9'?iemn1sa- suppUcd froui the Department of the Provincial Secretary, ''"" ^f any issuer of marriace licenses grantino- a license without marriage "^ . o ^"^ first having obtained the affidavit required by this Act and any person solenmising a marriage contrary to the provisions of this Act shall on summary conviction thereof before two justices of the peace for every such contravention forfeit and pay a fine not exceeding $100 and costs of prosecution. R.S.S. 1909. c. 133. s. 19. SCTTEDTJLE. FOR:\r A. (Section 6) Canada : Province of Saskatchewan, To wit: These are to certify that A. B., of and C. D.. of being minded as it is said to enter into the MARRIAGE Cap. 152 2269 contract of marriage and being desirous of having the same duly solemnised the said A. B. {or C. D.) has made oath that he {or she) believes that there is no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnisation of the said marriage. And these are therefore to certify that the requirements in this respect of the Act respecting marriages have been complied with. Given under my hand at Regiiia in the Pi'ovince of Saskat- chewan this day of 19 . Provincial Secretary. Issued at in the Province of Saskatchewan this day of 19 . Issuer. FORM B. {Section 9) I, A. B. bachelor {or as the case may he) or C. D. spinster {or as the case may he) make oath and say as follows : 1. I, and C. D., of spinster {or as the case may he) or {A. B. of bachelor or as the case may he) are desirous of entering into the contract of marriage and of having our marriage duly solemnised at 2. According to the best of my knowledge and belief there i's no affinity, consanguinity or any other lawful cause or legal impediment to bar or hinder the solemnisation of the said marriaoe. 3. I am of the age of years and the said C. D. {or A. B.) is of the age of years. 4. {In case one of the parties is under the age of twenty- one years add) E. F. of is the person whose consent to the said marriage is required by law and the said HJ. F. has formally consented to the said marriage. (Or if hoth parties are under age.) E. F. of and G. H. of are the persons whose consent to the said marriage is required by law^ and the said E. F. and (J. H. have formally consented to the said inarriage. (Or if in the case of one of the minors there is no person whose consent is rer/uired hy law add according to the facts.) 2270 Cap. 152 MARRIAGE The father of the said C. D. {or A. B.) is dead and the mother of the said C. D. {or A. B.) is dead and the said C. D. {or A. B.) having no lawfully appointed or acknowl- edged guardian there is no person who has authority to give consent to the said marriage. {In case both the parties are minors and there is no person whose consent is required by law add a similar statement concerning the other party according to the facts.) (Signed) A. B. (or C. D^ Sworn before me at in the Province of Saskat- chewan this day of 19 . (Signed) I. J. FORM C. (Sections 15 and 18) Notice of Marriage. To of Marriage Commissioner. [ hereby give you notice that a marriage is intended to be had on the day of 10 , betwee* me and the other party described and named herein. Name Condition Rank or profession Age Dwelling place Witness my hand this day of 19 (Signed) A. B. FORM D. (Section 15) Declaration of Nondisqualification. We severally do solemnly declare that we know of no lavr- ful impediment of kindred or alliance or other lawful hin- drance whv we may not be loined in matrimonv, ■ of of 19 MARRIAGE FORM E. Cap 152 {Section 16) Marriage Commissioner's Certificate. I, , marriage commissioner in the Province of Saskatchewan, do hereby certify that on the day of 19 notice was duly entered in the marriage notice book kept by me of the marriage intended between the parties therein named and described, delivered under the hand of one of the parties that is to say : Name Condition Rank or profession Age Dwelling place Date of notice entered Date of certificate given Witness my hand at day of ' 19 . 19 19 this Marriage Commissioner. 2271 FORM F. (Section 18 (2) ) Declaration of Marriage. We, the persons hereinafter described, declare that mar- riage according to the rites and ceremonies of the people called (Quakers or Doukhobortsi, as the case may he) was contracted by us this day of 19 and we each severally further declare that we know of no lawful impediment of kindred or alliance or other lawful hindrance why we A. B. and C. D. may not bo joined \n matrimony. 2 2 7 2 Cap. 15-2 MARRIAGK (FOKM V) continued. BRIDEGROOM. Name in full. Age. Place of rosidonce. :Xrnrrst I 'ust Office) IMace of birth. Bachelor or widower Profession or occupation. X;iiiies 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. Father Mother Name of owner or occupant of house in which marriage took place, and nearest post office. Names and residences of two witnesses. of of A. B. C. D. In llic presence; oi' u.s E. F. a. ri. T certifv tlic foregoing to he tnu> and correct to the best of my knowlodse and belief. Given nnder mv hand at this day < 19. I. ./.. 'Marriage Comm i.'^sioner. MARRIAGE Cap. I 52 2273 FORM G. (Section 3) Canada : l*ri»\iiic(' of SaskatclicwMii, To wit : T. of the of ill the Proxiiicc of S;isl between of the of in the of . and of the of ill (he of , were duly published bv ine in iiccordiince with i be provisions of The Marriaqp Act of the Province of SaskjitcbewaTi. FOE]\r H. {Section 9 {3) ) Degrees of affinity and eonsangninitv wbi.-li. uikKt (lie Statutes in that behalf. l>ar flic biwfnl st.bMiiiii^jition of marriage: A man mav not marrv his f . Grandmother '2. Grandfather's wife • 1. Wife's grandmother 4. Aunt r>. TJnele's wife . Grandson's wife T'l. Wife's gTaiiiblnnghter 17. I^iece 1^. JTephew's wife 1 0. Wife's niece* 20. Brother's wife A woman may not niiiicy bcr 1. Grandfather 2. Grandmotlier's husband •1. Tlusband's grandfather 4. TJncle •■>. Aunt's husband ^^ (I. Husband's nnele 7. Father ''^. St<'pfatlier 0. Husband's father 10. Son 11. Husband's son 12. Daue'hter's husband v.). Brother 14. CJrandson 15. Granddangliter's hnsl»;iiid 10. Hnsbaud's grandson 17. Nepliew 18. N'ieee's hnsband 19. Husband's nephew 20. Hnsl)and's brotbei' The reunbitioii.-; set forth in this tal)](' inclnde .all >\\-\\ relationships whether bv the whole or half bbiod and wh(>t]ier legitimate or illegitimate. *By The Revised Statutes of Canada 1006, c. 105. it is enacted that "All laws prohibitins: marriage between a man and the daughter of his deceased wife's sister where no law relating to consano-ninity is violated, are herein- repealed both as to past and future marriages." CHAPTER 153. An Act respecting the Property of Married Women. H 18 Majesty, by and with tLe advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHOUT TITLE. Sfaort title 1. This Act may be cited as The Married Woman's Property Ad. RS.'S. 1900. c. 45, s. 1. INTERPRETATION. Interpreta- tion "Real property " "Personal property" ^. In this Act, unless the context otherwise requires, the expression : 1. "Real property" extends to and includes messuages, lands, rents and hereditaments whether of freehold or any other tenure whatsoever and whether corporeal or incorporeal an.] any undivided share thereof and any estate, right or interest other than a chattel interest therein; 2. "Personal property" extends to and includes leasehold estates and other chattels real and also moneys, shares of Government and otlicT' stocks or funds, securities for money not being real property, debts, choses in action, rights, credits, goods and all other property whatsoever other than teal property as above defined. H.S.S. 1909, c. 45, s. 2. 'OWEIJ AS T(^ PROPERTY. Deals with property as a feme tole Property free from ha'iii;iii ■,\\'\cv her iiiniriagc shall continue to be as liable in respect to debts contracted, conifacts entered into or wrongs cotnniitted iiy her before her marriage as she was at the time (»f hei mai-riage; and she m;i\- be sued withont joining her hnsi)and as defendant for anv such debt or upon anv such contract or for damages arising (uit of any such wrongs; and all sums recovered against her in respect thereof or for costs relating thereto shall be parable out of her prop- erty; and as between her and her husband unless there is a contract between theni to the contrary her ]iro})erty shall be deemed to be primarily liable for all such antenuptial deltts, contracts or wrongs and for all damages or costs recoveretl in respect thereto. K.S.S. 1009, c, 45, s. 10. I.luliiliiy «f liiisband for wiio'.s Jinte- iiuptiiil liobts 11. A liusl)an(l slial! be liabki for tlu; debts of his wile contracted and for all contracts entered into and wrongs committed by her before marriage to the extent of all prop- erty whatsoever belonging to his wife wlii<'li he has acquired or become entitled to from or through his wife after deduet- ing therefrom any payments made by him and any sums- for which judgment has been bona fide recovered against him in any proceeding at law in respect to any such debts, con- tracts or wrongs for oi' in respect to whicJi his wife was liable before her marriage as aforesaid; but he shall not be liable for the same any furthei- or otherwise: and any court in which a husband is sued for any such debt may direct any inquiry or proceedings which it thinks pioper for the pur- pose of ascertaining the nature, amoum or value of such property. l^.S.S;. IDOit. c. 45, s. 11. MAi.'KMEi) Woman as i:.\K(rri;i\. As executrix 12. A married woman who is an exerntrix oi- adininistra- trix alone or jointly with any other person or [)ersons of th(^ estate of any deceased person or a ti-ustee alone or jointly ;i> aforesaid of property su.bjeft to any ti-nst may sue or be sued and may transfei- or join in transferi'in^- any investmenr without her husband as if she were a feuic .'^ole. 1-f.S.S. 1900, c. 45, s. 12. wife's APPT-TCATlU-X TO .U-])C.K FOR RTOirT lO EXJOY EARN'IXOS OF INFANT CinT,7)REX IX CASES SI' KOTFTEP. Protection order 13. Any married woman : (a) who has a decree for alimony or any decree, judg- ment or order in the nature of a decree or order for alitnonv aLSiiinst her husband; or MARRIED women's PROPERTY - Cap. 158 22 IL ( ( (6) who lives apart from her husband having been obliged to leave him by reason of cruelty or other cause which by law justifies her leaving him and renders him liable for hor support ; or (c) whose Inisbanrl is a lunatic with or without lucid intervals ; or ((^) whose husband is undergoing sentence of imprison- ment in a penitentiarv. jail or other prison for a criminal offence; or (e) whose husband from habitual drunkenness, profli- gacy or otluM- cause neglects or refuses to provide for her support and that of his family ; or (/) whose husband has never been in Saskatchewan during her coverture; or (^) who is deserted or abandoned by her husband; may apply to a j\idge of the district court for an order of protection entitling her to have and enjoy all the earnings of her infant children and any acquisition therefrom (so far as the husband would have been entitled to the enjoyment of such earnings if such order had not been made) free from the debts or obliirations of her husband and from his control or disposition. R.S.S. 1009, e. 45, s. 13. 14. The judge may grant the order and may make it take Date effect from the time at which the cause in consequence of^"""''^ which it is granted commenced or from any later date as to such judge under the circumstances of the case seems jiist and right. E.S.S. 190!>, c. 45, s. 14. 15. An application may be made to a judge for the dis- Discharge of charge of an order of protection by : "'"'^'''^ (a) the married woman named therein at any time; or (&) the husband of such married woman or any of his creditors at any time on notice to such married woman. E.S.S. 1909, c. 45, s. 15. 16. Any order of protection and anv order discharging orders in such an order may be made in duplicate.' R.S.S. 1909, c. 45,^"""'=^*^ s. 16. 17. The hearing of an application for an order of protec- Private tion or for an order discharging any such order may be public or private at the discretion of the judge. R.S.S. 1909, c. 45, s. lY. served 18. jSTo order for protection shall have any effect asordei^ against an employer of an infant child until a copy of such' order has been served upon him. R.S.S. 1909, c. 45, s. 18. 2278 Cap. 153 MARRIED WOMEN S PROPERTY Earning-s of minor children Uiscliiirging order not retroactive 19. Any snch order of protection shall protect the earn- ings of the infant children of the married woman named therein against the husband of snch married woman and his creditors until an order discharging such order of protec- tion is made. K.S.S. 1909, c. 45, s. 19. ^O. An order discharging an order of protection shall not in any case be retroactive but shall take effect only from the time when the same is made; and the married woman named therein shall continue to hold and enjoy to her own use any property which during the interval fixed for the coming into force of the order of protection and the making of the, order discharging the same she has acquired by the earnings of her infant children. R.S.S. 1909, c. 45, s. 20. Uispooal of questions of property SUMMARY DISPOSAL OF QUESTIONS OF PROPERTY BETWEEN HUSBAND AND WIFE. 31. — (1) In any question between husband and wife aa to the title to or possession of property, either party, or any corporation, company, public body or society in whose books any stock, funds or shares of either party are standing, may apply in a summary way to a jndge of the Court of King's Bench or at the option of the applicant, irrespectively of the value of the property in dispute, to the judge of the district court of the district in which either party resides, and the judge may make such order with respect to the property in dispute and as to the costs of and consequent on the applica- tion as he thinks fit or may direct such application to stand over from time to time, and any inquiry or issue touching the matters in question to be made or tried in such manner as he shall think fit. (2) An order of the judge of the Court of King's Bench, made under this section, shall be subject to appeal in the same way as an order made by the same judge in an action in the said court. (3) And order of a district court judge under this sec- tion, shall be subject to appeal in the same manner as an order made by the district court in an action. (4) All proceedings before a district court judge under this section, in which, by reason of the character or value of the property in dispute, such judge would not have had jurisdiction if this Act had not been passed, may at the option of the defendant or respondent be removed as of right into the Court of King-'s Bench, but any order made or act done in the course of the proceedinijs prior to the removal shall be valid unless an order is made to the contrary by the- Court of King's Bench. (5) The judge of the Court of King's Bench or district court, if either party so request, may hear any such applica- tion in his private room. MARRIED women's PROPERTY Cap. 153 2279 (6) Any such corporation, company, public body or society shall, in the matter of any such application, for the purpose of costs or otherwise, be treated as a stakeholder only. 1918-19, c. 22, s. 1. GENERAL PROVISIONS. 33. Nothing in this Act contained shall interfere with or Mamagc affect any settlement or agreement for a settlement made or not affected to be made whether before or after marriage respecting the property of any married woman or shall interfere with or render inoperative any restriction against anticipation at present attached to the enjoyment of any property or income by a woman under any settlement, agreement for settlement, will or other instrument ; but no restriction against anticipa- tion contained in any settlement or agreement for a settle- ment of a woman's own property made or entered into by herself shall have any validity against debts contracted by her before marriage; and no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors. R.S.S. 1909, c. 45, s. 21. 33. — (1) The provisions of this Act as to liabilities ofpab'htyas T -, . 1 . . . p triLstee, etc. married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage; and her husband shall not be subject to such liabilities unless he has acted or intermeddled in the trust or administration. (2) For the purposes of this Act the personal representa- tives of any married woman shall in respect to her property have the same rights and liabilities and be subject to the same jurisdiction as she would have or be subject to if she were living. E.S.S 1909, c. 45, s. 22. CHAPTER 154. All Act respecting the Maintenance of Wives . deserted by their Husbands. H IS Majesty, by and with the advice and consent of the Legislative Asseinhlvof Saskatchewan, enacts as follows : Sfcort title 1^ '■pjjjg j^Q^ jj^^y ^p ^i^gj j^g rpji^, Dpf^grUd Wives' Main- lp.nance Act. 1910-11. c. 14. s. 1. loterprcta- ti\- the summons or does not show a sutficieiit reason for not attend- ing or does not satisfy the court that he is unable to pay the sum ordered to l)e i)aid, the court may enfoi-ce the order by the like proceedings as under part XV of The Crliniiial Code are applicable in the case of a tine or penalty inqiosed by a justice of the [)eace. lUlO-l 1, c. 14, s. 4. 5. The court shall have power from time to time to vary Povver to 111 1 •£ vary order the order on the application ol either the husband or tiie wiio upon proof that the means of the husband or the wife have b(Hm altered in amount since the making of original order or any subsequent order varying it. 1010-11, c. 14, s. 5. 6. — (1) No order shall be made in favour of a wife who Order uot is proved to have committed adultery unless the adultery has wiL "guilty of been condoned ; and any order may be rescinded by the court ^ " "^^ upon proof that the wife since the making thereof has been oiiiltv of adult erv if it has not been condoned. (2) A finding by the court that adultery has been proved shall not be evidence of the adultery except for the purposes of proceedings under this Act. 1910-11, c. 14, s. 6. 7. Cases arising under this Act may in the discretion of ™ may the court be heard in private. 1910-11, c. 14, s. 7. 8. The court may at any time rehear the application at Re*'<^a"ne the instance of the husband after notice to the wife and may confirm, rescind or vary any order made thereon as it deems just. 1910-11, c. 14, 's. 8.' 9. Save as is otherwise specially provided by this or any Procedure other Act, the provisions of Part XV and Part XXII of The Criminal Code, shall apply to all proceedings under this Act save and except that no appeal shall lie from any order made under this Act where the order has been made by a judgc^ of the district court or by the police magistrate of a city or town. 1918-19, c. 63, s. 1. 10. aSTothing in this Act contained shall be construed in Existing any wise to prejudice. . abridge, curtail, defeat or otherwise prrserved affect any civil or other remedy at law of a married woman against her husband which she would otherwise have but for this Act. 1910-11, c. 14, s. 10. S. PAREN2' AND CHILD CHAPTER 155. H An Act respecting Infants. IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : SHOET TITLE. 8horl title 1. This Act may be cited as The Infants Act. c. 82, s. 1. 1918-19, CUSTODY OF INFANTS. Custody 2. In the absence of an order to the contrary, the mother shall have the custody of her infant children until they attain the age of fourteen. On the death of the mother or on a child attaining the age of fourteen, the custody of the child shall belong to the father, if living. 1919-20. e. 77, s. 2. Order as to custody of, Hod right o: access to, infant .'•'ather or mother may dispose of custody 3. — (1) The Court of King's Bench, upon the application of the father or of the mother of an infant may make such order as the court sees fit regarding the custody of the infant and the right of access thereto of either parent having regard to the welfare of the infant and to the conduct of the parents and to the wishes as well of the mother as of the father, and may alter, vary or discharge the order on the application of either parent, or, after the death of cither parent, of any guardian appointed under this Act, and in every case may make such order respecting the cost? of the application a? the court may deem just. (2) The court may also make an order for the main- tenance of the infant by payment by the father or mother, out of any estate to which the iiifant is entitled, of such sum from time to time as according to the pecuniary circum- stances of the father or mother, or the value of the estate, the court deems reasonable. 1919-20, c. 77. s. 3. 4. — (1) Subject to the provisions of this Act and to any order which may be made by the court, the surviving parent of an infant mav. by deed or by last will and testament, in anv manner and from tinio to time as he or she thinks fit dispose of the custody of such infant, while he remains an infant or for any lessoi- time, to any person. INFANTS Cap. 155 2283 (2) Such disposition shall be good and effectual against every person claiming the custody or education of such infant as guardian in socage or otherwise. (3) The person to whom the custody of such infant is so committed may maintain an action against any person who wrongfuly takes away or detains him for the recov'ery of such infant and for damages for such taking away or deten- tion, for the use and benefit of the infant. 1918-19, c. 82, s. 4; 1919-20, c. 77, s. 4. ver ot 5. Where upon the application of a parent for the pro- powc duction or custody of an infant the court is of opinion that production the parent has abandoned or deserted the infant, or that he " has otherwise so conducted himself that the court should refuse to enforce his right to the custody of the infant, the court may in its discretion decline to make the order. 1918-19, c. 82, s. 5. 6. If at the time of the application for the production ')(!',^J'eT^° an infant, the infant is being brought up by another person, lf^^^^°f the court mav, in its discretion, if it orders the infant to be ''^i°|'°8 "p given up to the parent, further order that the parent shall pay to such person the whole of the cost properly incurr<'(l in bringing up the infant, or such portion thereof as seems to the court to be just and reasonable, having regard to all the circumstances of the case. 1918-19, c. 82, s. 6. 7. Where a parent has: regard ^t^ . 11. .e conduct of (a) abandoned or deserted his infant; or parent (h) allowed his infant to be brought up by another person at that person's expense, for such a length of time and under such circumstances as to satisfy the court, that the parent was unmindful of his parental duties; the court 'shall not make an order for the delivery of the infant to the parent, unless the parent has satisfied the court that it would be for the welfare of the infant so to do. 1918-19, e. 82, s. 7. 8. Upon any application by the parent for the production i'"wer of or custody of an infant, if the court is of opinion that the mfanfs parent ought not to have the custody of the infant and that edulati^n the infant is being brought up in a different religion from that in which the parent has a legal right to require that the infant should be brought up, the court may make such order as it thinks fit to secure that the infant be brought up in the religion in which the parent has a legal right to require that the infant should be brought up. Toothing in this Act contained shall interfere with or affect the power of the court 22S4 Cap. 155 INFANTS to cuiistili tljc wishes (it tlu' intiuit in i-ousiderinc. what order oiig'ht to be made, or diminish the right which any infant now ])ossesses to the exercise of his own i'wo choice. 1018-19, e. 82, s. 8. ^■''"parpnt' *^* ^^''^ Hsed in sections 5 to 8 the expression "'parent'" of ami •pcrr.-.n" .^ infant inchidcs any person at law liahh' to maintain siurh infant or entitled to his custody, and ''ix-rsoii"" inclndes any school or institntion. 10 18-11). o. 82. s. 0. INFANT s i;i;at, i:statk. Sale of estate of 10. — (1) Where an infant is scnzed. possessed (»f i»r eaiaw! oi ^ ' infiint iniiy be outitlcd to anv real estate^ in fee or for a term of years, or "vtliei'wisc, ;iii(l the ( oiii-t ot Kiiius l>encli is ot o])iniiMi iliai a sale. lease or other disjjosition of the same, or of a part thereof, is necessary or ])r(>per for the maintenances or ednca- tion of the infant oi- I hat for any cause his interest recpiires 111- will lie substantially |)runi()t('d hy v a lei'm of years or other (lis|)osition of siiidi real estate, or any part thereof, to be made under tlic dii-ection of the court or of one of its officers, or by the iiuardian of the infant, or by a person a])pointed for the ])urpose. in such manner and with such restrictions as may lie deemed expedieiii. and mav order the infanl in cniivcy or demise oi- otherwise dispose of the estate as the court thinks pi-oper. (2) in tlie followiiiii- cases, namely: (a) where ;iii iiifaiil i- inleresled in a parcel upon «uch terms as he deems proper. (3) Where the Official Gnardian has consented to a sale under subsection (2). no order of court aiithoriainc" or approvino- the same shall be necessary. lOlS-10. c. 82, s. 10. Approval by official gtianliau Nij sale contrary to a devise 11. "N^o sale, lease or other disposition shall be made con- trary to the provisions of a will or conveyance by which the estate has been devised or granted to the infant or for his use. 1018-19. c. 82. s. 11. nvKt'T^S plication or with the consent of the tenant for life. order that such portion of the ]n'oceeds of the projierty, as it may deem ])rn]-)er. shall bo ai^plied towards the maintenance or education of any infant child in whose favour the power might be oxeirised. notwithstandini>' that there is a gift over in the event of there beina' no children to take under the power, or that there is a viii'ht confei-red upon the tenant for life, or upon some i')t!ier person in such event to n)ake a disposition of the propertv in fa\'onr of some person other than sneh children. 1918-19. c. 82. s. 18. 19. — ( \) Tf any real estate of an infant is snbject to an inerea incumbrance, and \hv ])erson entitled to such incumbrance acceptance of consents in writing to accept, in lieu of such incumbrance. C"estmen\ a arros's sum of nionev which the conrt or jnda'e thinks reason- 226(5 Cap. 155 infants able, or the permanent investment of a reasonable sum of money, in such manner that the interest thereof be made payable to the person entitled to such incumbrance during life, the court or a judge may direct the payment of such sum, or the investment of such other sum of money, out of the proceeds or other disposition of the real estate of the infant. (2) Where the estate of the infant is subject to a lien or incumbrance of uncertain duration, the court or a judge may compute the reasonable value of the same, and order the sale or other disposition of the estate freed or discharged from such incumbrance, and direct payment of the value of such incumbrance out of the proceeds. 1918-19, c. 82, s. 19. oi^^^ 30. In case of a sale or other disposition of the real estate of an infant, the interest and estate sold or otherwise dis- posed of may be conveyed to the purchaser by a vesting order of the court, which shall be to all intents and purposes as effectual to pass the interest and estate so sold, or disposed of, as a conveyance duly executed would be. CAs to maintenance of infants from trust property, see The Trustee Act, ss. 40. 41 and 42.) 1918-19, c. 82, s. 20. DIVIDENDS OF INFANT S STOCK. Court may 31. — (i) The Court of Kiug's Bench by an order to be ap^liedTor""" made on the application of the guardian of an infant in whose name any stock or money by virtue of any statute for paying off any stock is standing 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 mny 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 maintenance and education or otherwise for the benefit of the infant. maintenance (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 nge of twenty-one years and had signed and iiiven the same. (3) The court may order the costs and expenses of and relatinjr 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) Such order 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. 1918-19, c. 82. s. 21. iNFANTa Cap. 155 2287 GUARDIANS. 33 — (1) The Court of Kin^s Bench may appoint ^j^ardmnship guardians of infants and of their estates, and letters of |^^<]^^tp^e'' appointment may be obtained as in the case of letters of administration. (2) A record of every appointment and removal shall be made, and a copy thereof kept with the papers upon which the appointment or removal is made, in like manner as near ^s may be as in the case of probate and administration. (3) Unless the court otherwise orders, no guardian shall be appointed to the person or estate of an infant of the age of fourteen years or over without the consent of the infant. 1918-19, c. ^82, s. 22. 33. — (1) On the death of the father of an infant, the Mother may mother, if surviving, shall be sole guardian until the infant foinr*'* "' attains the age of fourteen and thereafter the mother shall k"^""*^'*" act either alone when no guardian has been appointed by the father or jointly with any guardian appointed by the father. (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 Court of King's Bench may from time to time appoint a guardian or guardians to act jointly with the mother. 1919-20, c. 77, s. 5. 34. — (1) The mother of an infant may, by deed or will. Mother may • i. ^1, J • ;i • appoint appoint any person or persons to be guardian or guardians guardian of the infant, if the infant be then unmarried, and where guardians are appointed by both parents they shall act jointly. (2) The mother of an infant may, by deed or will, provi- sionally 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 unfitted to be the sole guardian of his children, may confirm the appoint- ment of such guardian or guardians, who shall thereupon be empowered to act, or may make such other order in respect of the guardianship as is deemed just. (3) 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 is deemed proper. 1919-20, c. 77. s. 6. 35. Upon the application of an infant, or of anyone on Appointment his behalf, when it is made to appear Ihat the infant has no by court parent or lawful guardian or that such parent or lawful 22SS Cap. 155 INFANTS Removal of guardian I'V court guardian is nor a fit and pro]>or porson to have the iiuardiau- shi]> of ihc infant, the court luav appoint a guardian or a new guardian. 1919-20, c. 77, s. 7. *i<>. — (1) TestauK iitarv guardians and guardians appointed bv order of the court shall he removable bv the Court of King's Bench for the same causes for which trustees are removable. (2) Any such guardian nia,y, by leave of the court, resign his office upon such teruis and conditions as is deemed just. 1019-20. e. 77. s. 8. Security by guariliaji 37 — ^(1) Unless otln rwise ordered bv the court, every giuirdiaTi appointed by tlie court shall, except where the Official Guardian or Official Administrator is appointed, furnish the bond of a guarantee company in the name of the infant, iu such penal sum and witli such sureties as the judge may approve. (2) Such bond shall be conditioned that the guardian will faithfully perform his trust, and that he or his executors t)i" administrators will, when the infant becomes of the full age of twenty-one years, or whenever the guardianship is deter- mined, or sooner if thereto required by the court or a judge, i-ender a true and just account of all goods, moneys, interests, rents and profits or other estate of the infant which have •conic into his hands, and will ihercupoii without d.elav deliver and pay over to the infant or to his executors or administrators, ihe ])roperty or the balance which may Ix- in his hands belonging to tlie infant, deducting therefrom and retaining a reasonabl(> sum for his expenses and charges. (3) The bond sliall he filed in the office of the local regis- trar, but in cases whei-e the estate is of small value it may be dispenser! with. 101 S 10. c. 82, 27 Guardian's authority .A|jpreiitit(- ship of infants AI'I'IIOUMTV Ol'' (ir AK'IMANS. 28. Unless where ihc authority of a guardian appointed or constituted by virtue of this Act is otherwise limited, the guardian so appointed or constituted duriuii' the continuance of his guardianship: (ft.) shall have authority to act for and oti liclialf ot rlic infant ; " (h) may ap])ear in any court and prosecute or dcfrsonal. and the custody of his person and care of his education. lOU^-10. c. 82, s. 28. 2i). Save as aforcsnid. the guardian may. in case the infant lie under ilic aizc of I'.iiirrcen vcars with the approh;)- INFANTS Cap. 155 228*) tiou of two justices of the peace iuid the consent of the in! a at, or in case the infant be not under the af>'e of fourteen years then with the consent of the infant only, place or bind hi in or her an apprentice to any lawful trade, profession or (.anploynient ; such apprenticeshi]) in the case of males not extending bevond tlie aij;e of twentv-one vears, and in the case of females not beyond the age of eighteen years or the marriage of the ward within tliat age. 1918-19, c. 82, s. 29. 30. The court may, on proper cause being shown for the Dis,haiK«-of l>urpose, discharge an infant from the apprenticeshi}) in '*'''"■'"• '"^ '^ section 29 mentioned and order the instrument of ap])rentic(- ship to be delivered u[) t(j be cancelled, or make such other order in respect of the master or apprentice, or eithei- of them, as shall under the circumstances appear to be proper and just. 1918-19. c. 82, s. 30. TTTE OFFICIAT, CUTARDIAIV. 31. The Lieutenant Grovernor in Council may appoint Appoint uKut one Official Guardian of infants for the province, who shall Guardhm he a barrister-at-law or solicitor of not less than five years' standing in the Ignited Kingdom of Great Britain and Ireland or in any pro\ince of Canada or in the North-West Territories or, for a portion of such ]»eriod in one and for the remaining portion of such period in the other or others of the said United ivimi'doin. ])rovinee or territories, and shall hold office dnrini:- pleasure. 1918-19. c. 82, s. 31. 33. The Official (Juardian, l)esides acting as a guardian duu.- nd litem of infants under rules of court and other orders, shall perform such other duties as the court or a judge may from time to tiuie direct, or as may be fixed by order of the Lieutenant Governor in Council. 1918-19. c' 82, s. 32. 33. Infants r(M|iiire(l lu be ser\;e(| with notice of any a ppli- service i.n cation to the court may be serxcd li\- delivering to the Official forinfjuiN Gnardian a co])y of the petition or other process required to he delivered, and from the time of such sen-vice the said Official (luardian shall be tlie i;ii;irdian "(/ li!e)ii of the infant, unless and until the court or judiic otjierwise orders: and lh(^ said Official (lUardian, oi' ;in\' other guardian appointed by the court for tlie infant, shall tak(^ all >nrh )>roceedings as he nuiy think necessai'v for the |)rotection ot th(^ interests of the infant and attend actively to the interests of such infant, and for that purpose communieate with all j.roper parties. 1918-19, c. 82. s. 33. 34. On every application to a surrogate court for probate Notice of of will or letters of administration, or for tlu^ resealing of fdrVrobate or letters prohate or letters of ndministration, where an infant ;Hidre"^edto"" is interested in the estat(> of the deceased, a notice in dupli- ^"■""'^''''" 2290 Cap. 155 INFANTS Clerk I.. forward notire Subsequent notices Ci>urt inay require service of notice on Official Otiardiaii (.iuardiaij may apply to have accounts of administrator or executor passed Costs cate, addressed to the Official Guardian, shall be filed with the clerk of the surrogate court before which the application is made, setting out full particulars of the estate and of the various beneficiaries and the names, addresses and ages of the infants interested. 1918- ■1^, c. 82, s. 34. 35. It shall be the duty of the said clerk, upon any such letters being granted, to forward one copy of such notice to the Official Guardian, together with a certificate of the date upon which such letters were issued. 1918-19, c. 82, s. 35. 3G. On every application to the court in any estate in which an infant is interested, notice of such application shall be served upon the Official Guardian, unless the court dispenses therewith. 1918-19, c. 82, s. 36. 37. In all applications to a court in which an infant is interested, and in respect of which application the interests of a guardian appointed by the court for such infant appear to the court to be adverse to those of the infant, the court may require that notice of such application shall be served upon the Official Guardian, and the Official Guardian shall, for the purpose of such application, be the guardian ad litem of the infant. 1918-19, c. 82, s. 37. 38. In any estate in which an infant is interested, the Official Guardian may, at the end of two years from the date upon which the letters probate or letters of administration were issued, or at any other time or times when he may deem it advisable, apply to the judge of the surrogate court out of which such letters issued to compel the administrator or executor to pass his accounts, and upon such application the judge may order that the executor or administrator do pass his accounts within n time to be fixed by the judge, and such order niav be enforced by attachment proceedings, as if it were an order of the Court of "Kind's "Bench. 1918-19. c. 82, s. 38. 39 (1) The same costs as are payable to counsel and solicitors shall be payable to the Official Guardian, or his costs may be fixed at a lump sum by the court or judge who tries or hears the proceeding or application, and shall be paid out of the estate and form a charge thereon and on thf- real and personal property thereof: Provided that the court or judge may order any other party to the proceedins: or application to pay such costs, either with or without an order j-termitting such other party to add such costs to his own. ('2') The following fees shall be payable lo the Official Guardian under section 147 of Tlia Land Titles Act: 1. For the first certificate issued by the Official Guardian- under clause (a) of subsection (2) in respect of any estate INFANTS Cap. 155 2291 in which letters of probate or letters of administration were granted or resealed prior to the twenty-fourth of June, 1915, $3; 2. For any other certificate issued by the Official Guardian under said clause (a), $1; 3. For a consent under clause (h) of said subsection (2), $10. 1918-19, c. 82, s. 39. 40. The Official Guardian shall on or before the fifteenth Annual day of January in each year furnish to the Attorney General by officfai a statement verified under oath setting forth the total amount ^"*'''^'*° of fees which have been received by him, whether as costs under subsection (1) of section 39 or otherwise during the twelve months ended on the thirty-first day of December next preceding, and such other facts or particulars as may be required by regulation of the Lieutenant Governor in Council. 1918-19, c. 82, s. 40. GENERAT. PROVISIONS. 41. ;N'othing in this Act shall change the law as to the Religious authority of the father in respect of the religious faith in ^^/pj'ppte^j which his child shall be educated. 1918-19, c. 82, s. 41. 43. Where the property belonging to or held in trust for official an infant consists wholly of a fund not exceeding in value JXsmau $1,500, the Official Guardian may authorise the executor or^^*^*^^ administrator, guardian of the infant or trustee, as the case may be, to apply the whole or any part of such fund for the maintenance and education of the infant, provided that the amount so to be authorised shall not exceed $10 per month. 1918-19, c. 82, s. 42. 43. The practice and procedure on applications to the Practice and court under this Act shall be governed by The King's Bench ^'^^'"'"^'^''^ Act and the rules of court. 1918-19, c' 82, s. 43. ' 44. The powers conferred by this Act on the Court of Judge in King's Bench may be exercised by a judge thereof sitting" ^^ "^ in chambers. 1918-19, c. 82, s. 44. 45. All rules of court in so far as they are inconsistent Rules of herewith are hereby repealed. 1918-19, c. 82, s. 45. °^^^^ Vol. 11—37. CHAPTER 156. Interpreta- tion "Court" An Act respecting the Support of Illegitimate Children. HrS ^Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The Illegitimate Children's Act. PART I. 2. In this Part, unless the context otherwise requires, the expression : 1. "Court" means the ludffe of the district court of the judicial district in which the complainant resides sitting and acting as a justice of the peace or, subject to the provisions of The Police Magistrates Act, the police magistrate appointed under the provisions of the said Act of a city or town situate within the judicial district in which the com- plainant resides. 1912, c. 30, s. 1. Summons for child's support Adjournment of bearing Order for child's support 3. Any single woman upon information (form A) upon oath that she is with child or has within six months next before the making of such information been delivered of an illegitimate child and charging some named person with being the father of such child and that he should pay her lying in expenses and contribute to the maintenance of such child may apply for and obtain from the court a summons requiring the person so alleged to be the father of such child to appear before the court to show cause why he should not pay the lying in expenses of said woman in connection with the birth of such child and contribute to the maintenance thereof. 1912, c. 39, s. 2. 4. The court may adjourn the hearing of the case from time to time but no order shall be made upon such summons unless the woman appears and applies for the same within the space of forty days from the service of the summons on the person alleged to be the father of such child after the birth of the same. 1912, c. 39, s. 3. 5. After the birth of such child the court may, on the appearance of the person summoned or on proof that the summons was duly served on the person or left at his last place of abode two days at least before the hearing, and after hearing the evidence of such woman and such other evidence as she produces and also any evidence tendered by or on SUPPORT OF ILLEGITIMATE CHILDREN Cap. 156 2293 behalf of the person alleged to be the father of the child, and if the evidence of the mother is corroborated in some material particular, adjudge the man so summoned to be the putative father of the child, and may. make an order upon the putative father for the payment to the mother of the child, or to anyone who may be appointed by the court to have the custody and charge of the child, of a sum not exceeding five dollars weekly for the maintenance and educa- tion of the child and of the expenses incidental to the bii-th of the child, and of its funeral expenses provided it has died before the making of the order, and of such costs as may have been incurred in the obtaining of the order, such weekly sum to be calculated from the birth of the child unless the court otherwise determines. 1912, c. 39, s. 4, 6- — (1) The case of nonpayment of any sum so ordered Enforcing together with costs for twenty-one days after the order was made, or such less time as the order may provide, and when and so often as any payment so ordered is in arrear such woman may procure from the court a summons returnable on the tenth day after the service thereof. (2) Such summons may be served on the putative father personally or in such manner as the court may in writing direct and shall require such putative father to attend at the time and place mentioned therein and show cause why the order should not be enforced as hereinafter provided. (3) The applicant and all witnesses whom the court thinks proper to be heard may be examined on oath touching the matters to be inquired into upon the return of such lastly mentioned summons. (4) If the person against whom the said order was made does not attend upon such summons and does not show good and sufficient reason for not attending thereon, and does not satisfy the court that he is unable to pay the sum then in arrear and owing under said order, the court may enforce the order and the payment of such sum in arrear by the like proceedings as under Part XV of The Criminal Code are applicable in the case of a penalty or fine imposed bv a justice of the peace. 1912, c. 39, s, 5. "7. All moneys payable under any order as aforesaid shall Payment of be due and payable to the mother of the child in respect of wder^^ such time and so long as she lives and is of sound mind and is not confined in any gaol or prison and after the death of the mother of such child or whilst she is of unsound mind or is confined in a gaol or prison the court may if it sees fit by order appoint some person who with his or her own consent shall have the custody and charge of such child and may revoke the appointment of such person and appoint another person in his or her stead from time to time and every one 2294 Cap. 156 SUPPORT OF illegitimate children so appointed to have the custody and charge of such child shall so long as such child is in his or her custody and charge and is wholly or partially maintained, clothed or educated by him or her be entitled to make application for the recovery of monevs becoming due under the said firstly mentioned order in the same manner and subject to the like condition? as the mother of such child may have done. 1912, c. 39, s. 6. When pay- ments stop Court may varj- order Court may rescind order Court iiKikrs return or orders 8. No order for the payment of moneys made under sec- tion 6 shall, except for the purpose of recovering money previously due thereunder and impaid, be of any force or validity after the child in respect of whom it was made has attained the age of thirteen years or after the death of such child. 1912, c. 39, s. 7. 9. The court shall have power from time to time upon the application of either the putative father or the mother or any person appointed in her stead to vary any such order upon proof that the means of the putative father have been altered since the making of said order or of any order varying the terms of a previous order and upon such notice being given to any of the parties as the court may direct. 1912, c. 39, s. 8. Application of The Criminal Code 10. The court may at any time while any such order for payment made hereunder is in force upon the application of the putative father and upon such notice as the court may direct being given to the mother or other person rescind oi' vary any order made hereunder as it sees fit and with such directions as to costs as it deems proper and any order as so varied mav be enforced in like manner as the order oriffinallv made hereunder. 1912, c. "')0. s. 9. 11. The court shall include in its returns to the Attorney General under TJie MagiMrafes Act all orders from time to time made by it under this Act and the same shall be kept on record in the Department of the Attorney General. 1912. c. 39, s. 10. 13. Save as is otherwise specially provided by this or any other x\ct the provisions of Part XV and Part XXII of The Criminal Code shall apply to all proceedings under this Act save and except that there shall Ix' no appeal from any order made hereunder other than in the manner set forth in sec- tions 9 and 10. 1912. c. 39. s. 11. PART II. rr.^»TI'il/°'" l*^- Anv person who fui-nishes food, clothino-, lodffino- or furnisiied other ueccssarics to anv child born out of lawful wedlock mav SUPPORT or ILLEGITIMATE CHILDREN Cap. 156 2295 maintain an action for the value thereof against the father i)f the child if the child was a minor at the time the necessa- ries were furnished and was not then residing with his or her reputed father and maintained bv him as a member of his family. 1912, c. 39, s. 12. 14. Where the person suing for the value of the neces- Evidence saries is the mother of the child or a person to whom the where mother mother has become accountable for the necessaries the fact of the defendant being the father shall be proved by other testimony than that of the mother. 1912, c. 39, s. 13. 15. 'No action shall be sustained under either section 13A'=V"" ., . . sustainablp ■or 14 unless it is shown upon the trial thereof: (a) that while the mother of the child was pregnant or within six months after the birth of her child she did voluntarily make an affidavit before a justice of the peace declaring that the person after- wards charged in the action is really the father of such child and that the said affidavit has within the time aforesaid been deposited in the office of the local registrar of the Court of King's Bench for the judicial district in which she resides; or (h) that the mother has obtained an order under the provisions of Part I against the person charged in the action as the putative father of the child in respect of whom such action i? brought. 1912. c. 39, s. 14. 16. Upon the trial of any action under this part the afore- Affidavit «aid affidavit or order shall not be evidence of the fact of the "° defendant beino- the father of the child. 1912. c. 39. s. 15. 1'^. Upon a judgTiient being obtained in an action under satisfaction this Part by any person other than the mother the judge may peraoif othw' order that any moneys payable to the mother under an order *^^° '""t^er under Part I against the defendant in such action as the putative father shall be charged Avith and shall be paid over to the person obtaining such judgment in discharge of the same. 1912, c. 39, s. 16. 18. In case the mother obtains judgment under this Part Motiier against any person against whom she has obtained an order under Part I such judgment shall operate as satisfaction pro tanto only of such order and except as in the amount of such judgment the said order shall remain in full force and effect! 1912, c. 39, s. 17. ■■> 19. This Act shall not take away or abridge any right of ^*^^(,j;^«*'*^ action or remedy which without this Act might have been maintained against the father of an illegitimate child. 1912, c. 39, s. 18. " 2296 Cap. 15H support op illegitimate children • FORM A. (Section 3) Ik FORMATION. Saskatchewan, | ^j^^ eomplaint of District Court of \ n To wit : J ""^ residing within the Judicial District of single woman who saith that she is with child (or has within six months next before the date hereof been delivered of an illegitimate child) : That of is the father of such child and that he should pay her lyiuu' in expenses and should contribute to the maintenance of such child. Sworn {oi' atHrmed) before me 1 at the [ day of 10 . J .4 Commissioner, etc. CHAPTER 157. An Act respecting Legitimation by Subsequent Marriage. HIS Majesty, by and with the advice and consent of the Legislatix'e Assembly of Saskatchewan, enacts as follows: 1. This Act may be cited as The LegUimation Act. short title 1919-20, c. 83, s. i. ^ ( 1) Wliere the parents of any child born out of law- Marriage ful wedlock liavo intermarried after the birth of the child Act"""" **"" and prior to the fourth day of February, 1920, the child shall for all purposes be deemed to be and to have been legitimate from the time of birth. (2) Nothing in this section shall alfect any right, title or interest in or to property, where the right, title or interest has vested in any person prior to such date. 1919-20, c. 83, s. 2. 3. — (1) Where the parents of any child born out of law- Marriage ful wedlock intermarry after the birth of the child and after aIT ^^^ the fourth day of February, 1920, the child shall for all «. 1/7 7 purposes be deemed to be and to have been legitimate from the time of birth. (2) Nothing in this section shall affect any right, title or interest in or to property, where the right, title or interest has vested in any person prior to the intermarriage. 1919- 20, c. 83, s. 3. J,. LUNATICS. H CHAPTER 158. An Act respecting Lunatics and their Estates. IS ^fajestj, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows : " Contingent richt " ' Convey" ■conveyance' siH.rt title 1. This Act may be cited as The Lunacy Act. 1918-19, c. 58, s. 1. Interpretation 2. In this Act, unlcss the context otherwise requires the expression : 1. "Contingent right"' as applied to land, includes a contingent and an executory interest ; a possibility coupled with an interest whether the object of the gift or limitation or such interest or possibility is or is not ascertained, and a riffht of entry whether immediate or future and whether vested or contingent ; 2. "Convey" and "conveyance" applied to any person, mean the execution by such person of every necessary or suitable assurance for conveying or disposing to another land whereof such person is seized, or in which he is entitled to a contingent right, either for the whole estate of the person conveying or for any less estate, together with the performance of all formalities required by law to the validity of such conveyance ; 3. "Court" means the Court of King's Bench ; and "ju'Iac" means a judge of the said court ; 4. "Land" includes messuages, tenements and heredita- ments, corporeal and incorporeal, of every tenure or descrip- tion, whatever may be the estate or interest therein and whether entire or undivided ; 5. "Lunatic" includes an idiot and a person of unsound mind ; 6. "Lunacy" includes idiocy and unsoundness of mind ; 7. "Mortgage" includes every interest or property in real or personal estate Avhich is a security for money or money's worth ; 8. "Possessed" is applicable to any vested estate less than a life estate, in law or in equity, in possession or in exjiect- ancy, in any land ; 9. "Seized" is applicable to any vested interest for life or of a greater description, and extends to estates at law and in equity, in possession or in futurity, in any land ; ■ Court" ■judge" " Land' " Lunatic" "Lunacy" " MortRage" ■■ Possessed" "Seized" LUNATICS AND THEIR ESTATES Cap. 158 2299 10. "Stock" includes shares and any fund, annuity or "stock" security transferable in books kept by a company or society, or by instrument of transfer alone, or by instrument of transfer accompanied by other formalities, and any share or interest therein, and also shares in ships registered under the Acts relating to merchant shipping; 11. "Trust" and "trustee" include implied and construe- -Trust • tive trusts and cases where the trustee has some beneficial'*'""^**® interest, and also the duties incident to the office of personal representative of a deceased person. 1918-19, c. 58, s. 2. JURISDICTION OF COURT. nourt 3. The court may, subject to the provisions of Theoidetaot Administrator of Lunatics' Estates Act, make orders for committing the custody of lunatics and the management of their estates, and every such order shall take eifect as to the custody of the person immediately, and as to the custody of the estate upon the completion of the committee's security. 1918-19, c. 58, s. 3. 4. The powers by this Act conferred upon the court may Powers of he exercised by a judge in chambers. 1918-19, c. 58, s. 4. Chambers 5. The court may delegate to a master, official referee or Power of other officer all or any of the powers of the court under this ^ffidaf *** Act, except the making of a declaration of lunacy. 1918-'^^"'''^ 19, c. 58, s. 5. DECLARATION OF LUNACY. 6. — (1) The court, upon application supported by evi- Declaration dence, may by order declare a person a lunatic if satisfied °^ '""""^ that the evidence establishes beyond reasonable doubt that he is a lunatic. ( 2 ) The application may be made by the Attorney General By whon. of Saskatchewan, by any one or more of the next of kin of made the alleged lunatic, by his or her wife or husband, bv a creditor or by any other person. (3) The alleged lunatic and any person aggrieved or Appeal affected by the order shall have the right to appeal therefrom. (4) The practice and procedure on the appeal shall be Procedure the same as on an appeal from a final order made by a judge in an action. 1918-19, c. 58, s. fi. '7. — (1) Where in the opinion of the court the evidence issue to does not establish beyond reasonable doubt the alleged lunacy, a^feged or where for any other reason the court deems it expedient ^"°^'"- so to do, instead of making an order under subsection (1) of section 6, the court may direct an issue to try the alleged lunacy. 2300 Cap. 158 LUNATICS AND THEIR ESTATES Method ■ ■f trial Time and place Production of lunatic Scope of inquiry Protedure A ppen I Finality Right of alleged lunatic to have issue tried by jury (2) Subject to the provisions of section 8 the issue shall be tried with or without a jury as the court directing it or the judge presiding at the trial may order. (3) The trial shall take place at s\ich time and place as the court directs. (4) On the trial of the issue the alleged lunatic, if within the jurisdiction of the court, shall be produced, and shall be examined at such time and in such manner, either in open court or privately, and where the trial is with a jury before the jury retire to consider their verdict, as the presiding judge directs, unless the court by the order directing the issue or the judge presiding at the trial dispenses with the production of the lunatic or with his examination. (5) On the trial of the issue the inquiry shall be confined to the question whether or not the person who is the subject of the inquiry is at the time of the inquiry of unsound mind and incapable of managing liimself or his affairs, and the presiding judge shall make an order in accordance with the result of the inquiry. (G) The practice and procedure as to the preparation, entry for trial and trial of the issue, and all the proceedings incidental thereto, shall be the same as in the case of any other issue directed by the court or a judge. (7) The alleged lunatic and any person aggrieved or affected thereby shall have the like right to move against a verdict or to appeal from an order made upon or after the trial as may be exercised by a party to an action in the Court of King's Bench including the right of appeal ; and the court hearing any such motion or appeal shall have the same powers as upon a motion against a verdict or an appeal from a judgment entered at or after the trial of an action. (8) Subject to the provisions of section 10 the order or judgment of the court or, where the issue is tried by a jury, the verdict of the jury shall be final unless set aside upon appeal or motion under subsection (7). 1918-19, c. 58, s. 7. 8. An alleged lunatic shall be entitled to demand, by notice in writing to be given to the person applying for the declaration of his lunacy, and also to be filed in the proper office of the court, at least ten days before the first day of the sittings at which the issue is directed to be tried, that any issue directed to determine the question of his lunacy shall be tried with a jury, and, unless he withdraws such demand before the trial, or the court is satisfied by personal examina- tion of the lunatic that he is not mentally competent to form and express a wish for a trial by jury and so declares by order, the issue shall be tried by a jury. 1918-19, c. 58,. s. 8. LUNATICS AXi) rfTKiR ESTATES Cap. 158 2301 9. — (1) For the purposes of the examination mentioned Examination in section 8, or where it is deemed proper for any other pur-riiiKufc^ pose, the court may require the alle^ffed lunatic to attend at such convenient time and place as the court may appoint. (2) The court may by order require an alleged lunatic to attend and submit to examination by one or more medical practitioners at such time and place as the order directs. 1918-10, c. 58, s. 9. SUPERSEDING DECLARATION OF LUNACY. 10. — (1) Upon application at anv time after the cxpira- Ai'i-i'cauon ^ , ^ . 'to superaede tion of one year from the date of the order by which a person declaration of luMH('\' has been declared a lunatic, or sooner bv leave of the court, the court, if satisfied that such person has become of sound mind and capable of managing his own aifairs, may make an order so declaring. (2) Any such order shall be subject to appeal as provided by subsections (3) and (4) of section 6. (3) Instead of making an order under subsection (1) of this section the court may direct an issue to try the question of the restoration to sanity of the ])erson so formerly declared or adjudged a lunatic. (4) Any issue so directed shall be subject to the provi- sions of section 7 and of section 8. (5) Where a person formerly declared a lunatic has been found to be of sound mind and capable of managing his own affairs and the time for appealing from or moving against the order or verdict has expired, or if an appeal be taken or a motion made, when the same has been finally dismissed, an order may be issued superseding, vacating, and setting aside the order declaring the lunacy of such person for all purposes except as to acts or things done in respect of the person or estate of the lunatic while such order was in force. 1918-19, c. 58, s. 10. COMMITTEES OF ESTATES OF LUNATICS. 11. Where a committee of the estate of a lunatic has been inventory appointed : l[^^r.T (a) the committee shall, within six months after being appointed, file in the office of the master to whom the matter is referred, or of such officer as may be appointed for that purpose, a true inventory of the whole real and personal estate of the lunatic, stating the income and profits thereof, and setting forth the debts, credits, and effects of the lunatic, so far as the same have come to the knowledge of the committee ; 2302 Lap. 158 LUNATICS AND THEIR ESTATES (h) if any property belonging to the estate is discovered after the tiling of an inventory, the committee shall file a true account of tlie same, from time to time, as it is discovered ; (c) every inventory and account shall ho verified by the oath of the committee; (d) the committee shall give security with two or more sureties in double the amount of the personal estate, and of the annual rents and profits of the real estate, for duly accounting for the same once in cvoi-y year, or oftener if required by the court, for filing the inventory and for the payment into court of the balances in his hands upon such accounting forthwith after the same shall have been ascertained or otherwise as the court directs : and (e) the security shall be taken by bond in the name of the local registrar of the Court of King's Bench ;iii(l his successors in office or legal assigns, and shall be filed in his office. 1918-19, c. 58, s. 11. Maiuleuaace of lunatic or bis f.Tmily Rights of creditors Power to raise money MATS" AGE MKKT A.XD ADMINISTRATION. 13. The powers conferred by this Act as to the manage- ment and administration of a lunatic's estate shall be exer- .'isable in the discretion of the court for the maintenance or benefit of the lunatic or of his family, or, where it appear.^^ to be expedient, in the dne course of management of the property of the lunatic. 1918 49, c. 58, s. 12. 13. Xothiuii- in this Act shall subject a lunatic's property to claims of his creditors further than the same is now subject thereto by due course of law. 1918-19, c. 58, s. 13. 14. — (1) The court may order that anv property of tin lunatic, whether present or future, be sold, chnrged. mort a'a2:ed. denlt with or disposed of as may be deemed mosr expedient for the purpose of raising or securin"- or repaying, with or without interest, money which is to be or has been applied to: (a) payment of the lunatic's debts or enii-ngements ; (h) dischnrge of any incumbrance on his property; (c) payment of any debt or expenditure incurred foi-- the lunatic's mnintennnce or thnt of his fauiilv ny otherwise for his benefit ; (d) pavment of or provision for the expenses of hi- future maintenance or that of his fnmily. (2) Where a charae or mortgage is made, under tliis Acr for the expenses of future maintenance, the court mny direct- LUNATICS AND THEIR ESTATES Cap. 158 2303 the same to be payable either contingently if the interest charged is contingent or future, or upon the happening of the event if the interest is dependent on an event v^^hich must happen, and either in a gross sum or in annual or other periodical sums, and at such times and in such manner as is deemed expedient. 1918-19, c. 58, s. 14. 15. — (1) The court may order that the whole or any Permanent , £ IJj.1 111 improvementa part 01 any moneys expended or to be expended under an v him before his lunacv ; 2304 Cap. 158 LUNATICS AND THEIR ESTATES (;') surrender, assign, or otherwise dispose of with or without consideration any onerous property belong- ing to the lunatic; (Jc) exercise any power or give any consent required for the exercise of any power where the power is vested in the lunatic for his own benefit or the power of consent is in the nature of a beneficial interest in the lunatic; (l) give consent to the transfer or assignment of a lease where the consent of the lunatic to the transfer or assignment thereof is requisite. 1918-19, c. 58, s. 16. Property exchanged and renewed lease Extent of leasing power Proceeds of sale and inortgage, etc. 17. Any property taken in exchange and any renewed lease accepted on behalf of a lunatic under the powers of this Act, shall be to the same uses and bo subject to the same trusts, charges, incumbrances, disjiositions, devises, and con- ditions as the property given in exchange or the surrendered lease was or would, but for the exchange or surrender, have been subject to. 1918-19, c. 58, s. 17. 18. — (1) Where a lease of a lunatic's estate has been granted under the provisions of this Act, . every person to ■whom from time to time the reversion expectant upon the lease belongs upon the death of the lunatic shall have the same rights and remedies against the lessee, his executors, administrators and assigns as the lunatic or his committee would have had. (2) Leases authorised to be granted or accepted by or on behalf of a lunatic under this Act may be for such number of lives or such term of years, at such rent and royalties, and subject to such reservations, covenants and conditions as the court approves. (3) Premiums or other payments on the renewal of leases may be paid out of the lunatic's estate, or charged with interest on the leasehold property. 1918-19. c. 58. s. 18. 19. — (1) The lunatic, his heirs, executors, administra- tors, next of kin, devisees, legatees and assigns, shall have the same interest in any money arising from any sale, mort- gage or other disposition, under the powers of this Act, which may not have been applied under such powers, as he or they would have had in the property the subject of the sale, mort- gage or disposition, if no sale, mortgage or disposition had been made, and the surplus money shall be of the same nature as the property sold, mortgaged or disposed of. (2) Money received for equality of partition or exchange, or under any lease of unopened mines, and all premiums and sums of money receiyed upon the gi-ant or renewal of a lease, where the property the subject of the partition, LUNATICS AND THEIR ESTATES Cap. 158 2305 exchange or lease was land of the lunatic, shall, subject to the application thereof for any purposes authorised by this Act, as between the representatives of the real and personal estate of the lunatic, be considered as real estate, except in the case of premiums and sums of money received upon the grant or renewal of leases of property of which the lunatic was tenant for life, in which case the premiums and sums of money shall be personal estate of the lunatic. (3) In order to give effect to this section the court may direct any money to be carried to a separate account, and mav order such assurances and thinos to be executed and done as is deemed expedient. 1918-19, c. 58, s. 19. 30. The committee of the estate, or such person as the Power to court approves, shall, in the name and on behalf of the -"nto^efflct" lunatic, execute and do all such assurances and things for giving effect to any order under this Act as the court directs, and ever}'^ such assurance and thing shall be valid and effec- tual and shall take effect accordingly, subject only to any prior charge to which the property affected thereby at the date of the"^ order is subject. 1918-19, e. 58, s. 20. . *^1. Where a power is vested in a lunatic in the character ^°JJg"ij, of trustee or guardian, or the consent of a lunatic to the [^^^^'^^ ^^ exercise of a power is necessary in the like character, or as guardian a check upon the undue exercise of the power, and it appears to the court to be expedient that the power should be exer- cised or the consent given, the committee of the estate, in the name and on behalf of the lunatic, under an order of the court made upon the application of any person interested, may exercise the power or give the consent in such manner as the order directs. 1918-19, c. 58, s. 21. 22. "Where the court exercises, in the name and on behalf Exercise of of the lunatic, a power vested in the lunatic of appointing right to new trustees, the court, where it seems to be for the lunatic's IfuatT^ benefit and also expedient, may make any order respecting the property subject to the trust which might have been made in the same case under The Trustee Ad, on the appointment thereunder of a new trustee or new trustees. 1918-19, c. 58, s. 22. PKOVISIONS FOR TEMPORARY UNSOUNDNESS. 23. — (1) Where it appears to the court that there is Pro^i^^ion for , • , -, « . - . maintenance reason to believe that the unsoundness of mind of anv lunatic so found is in its nature temporary, and will probably be soon removed, and that it is expedient that temporary provi- sion should be made for the maintenance of the lunatic, or of the lunatic and the members of his immediate family who are dependent upon him for maintenance, and that anv 2306 Cap. 158 LUNATICS AND THEIR ESTATES sum of money arising from or being in the nature of income or of ready money belonging to the hmatic, and standing to his account with a banker or agent, or being in the hands of any person fur his use, is readily available, and may be safely and ])roperly applied in thai behalf, the court may: (a) allow thereout such amount as may be deemed proper for the temporary maintenance of the lunatic or of the hmatic and the iiiembers of his immediate family who are dependent upon him for maintenance; and may (h) instead of proceeding to mvler a grant of the I custody of the estate, order or allow the payment of any such sum of money, or any part thereof, to such person as under the circumstances of the case it is thought proper to intrust with the appli- cation thereof; and may (c) dii-ect the same to be j)ai(l to sucli person accord- ingly, and when received to be applied and the same shall accordingly be applied in or towards such temporary maintenance. (2) The receipt in writing of the person to whom ])aymem is to be made for any money payable to him by virtue of an order imder this section shall be a good discharge, and every person is hereby directed to act upon and obey every such order. (3) The person receiving any money by virtue of an order under this section shall pass an account thereof when and as the court directs. 1 918-19. e. 58. s. 23. Power to transfer stick Stock in name of lunatic out of jurisdictioD VESTING ORDERS. 24. Where any stock is standing in the name of or is vested in a lunatic beneficially entitled thereto, or is standing in the name of or vested in the committee of the estate of a lunatic so found, in trust for the lunatic, or as part of his property, and the committee dies intestate, or himself becomes a lunatic, or is out of Saskatchewan, or it is uncer- tain whether the committee is living or dead, or he neglects or refuses to transfer the stock, or to receive or pay over the dividends thereof as directed by an order of the court, then the court may order some fit person to transfer the stock to or into the name of a new committee, or otherwise, and also to receive nnd pay over the dividends in such manner as the court directs. ' 1918-19. c. 58. s. 24. 25. Where any stock is standing in the name of or vested ill a person residing out of Saskatchewan, the court upon proof that he has been declared a lunatic and that his per- sonal estate has been vested in a person appointed for the maniia-ement thereof according to the law of the place where LUNATICS AND THEIR ESTATES Cap. 158 2307 he is residing, may order some tit person to make such transfer of the stock or any part thereof to or into the name of the person so appointed or otherwise, and also to receive . and pay over the dividends thereof as the court directs. 1918-19, c. 58, s. 25. ;^6.— (1) Where a lunatic is solely or iointly seised orPo«erto , "« T 1 1 ■ 1 1 vest land of possessed of any Jaud upon trust, the court may by order lunatic vest such land in such person or persons for such estate and mn^eape in such manner as the court directs. (2) Where a lunatic is solely or jointly entitled to a con- tingent right in any land upon trust, the court may by order release such land from the contingent right and dispose of the same to such person as the court directs. (3) An order made under subsections (1) and (2) shall have the same effect as if the trustee had been sane and had executed a deed conveying the land for the estate named in the order, or releasing or disposing of the contingent right. 4) Where an order may be made under this section the court may, if it is more convenient, appoint a person to tonvey the land or release the contingent interest, and a conveyance or release by such person in conformity with the order shall have the same effect as an order under sub- jections (1) and (2V 1918-19, c. 58, s. 26. 37. — (1) Where a lunatic is solely entitled to any stock Lunatic or chose in action upon trust, the court may by order vest mortglg°e« in any person the right to transfer or to call for a transfer °r fhJs^e of the stock or to receive the dividends thereof, or vest in '" *''*''°' any person the chose in action, or any interest in respect thereof. (2) Where any person is jointly entitled with a limatic to any stock or chose in action upon trust the court may make an order vesting the right to transfer or to call for a transfer of the stock or to receive the dividends thereof or vesting the chose in action or any interest in respect thereof either in such person alone or jointly with any other person. (3) Where any stock is standiug in the name of a deceased person whose personal representative is a lunatic or where n chose in action is vested in a lunatic as the personal repre- sentative of a deceased person, the cottrt may make an order vesting the right to transfer or to call for a transfer of the stock or to receive the dividends thereof for vesting the chose in action or any interest in respect thereof in any person whom the court appoints. (4) Where an order may be made under this section the court may if it is more convenient appoint some fit person to make or join in making the transfer. 1918-19, c. 58, s. 27. 2308 Cap. 158 LUNATICS AND THEIR ESTATES Execution of powers of attorney and transfers ^^ — (1) The person in whom the rij]jht to transfer or to call for a transfer of any stock is vested may execute and do all powers of attorney, assurances and thin^^s to complete the transfer, according to the order, and the transfer shall be valid and effectual to all intents and purposes; and banks and other companies and their officers and all other persons shall be bound to obev everv such order accordinor to its terms. (2) After notice in wi-iting of an order under this Act. it shall not be lawful for a bank or other company to transfer stock to which the order relates or j)ay any dividends except in accordance with the order. 1018-19, c. 58, s. 28. Order a cnmplete discharge 29. This Act and every order purportino- to be made under this Act shall be a full indemnity and discharge to any bank and other company and society and their respective officers and servants, and all other persons for all acts and things done or permitted to be done pursuant thereto so far as relates to any property in which a lunatic is interested either in his own i-ight or as trustee, and it shall not be necessary to inquire into the propriety of any order purport- ing to be made under this Act relating to any such property or the jurisdiction to make the same. 1918-19, c. 58, s. 29. Order is conclusive evidence of lunacy 30. The fact that an order made under this Act for con- veying or vesting land or releasing or disposing of a contin- gent right has been founded on an allegation of the lunacy of a trustee, shall be conclusive evidence of the fact alleged in any court upon any question as to the validity of the order ; but this section shall not prevent the court from directing a reconveyance of any land or contingent right dealt with by the order, or from directing any party to any proceeding concerning such land or right to pay any costs occasioned by the order, where the same appears to have been improperly obtained. 1918-19, e. 58, s. 30. Order vesting in trustees of charities 31. The powers conferred by this Act as to vesting orders may be exercised for vesting any land, stock or chose in action in the trustee or trustees of any charitable society or in any incorporated or charitable body over which the court would have jurisdiction upon action duly instituted, whether the appointment of such trustee or trustees was made by instrument under a power or by the court under its general or statutory jurisdiction. 1918-19, c. 58, s. 31, ?nd^difp'il°^ns •^^* The court may make declarations and give directions by court concerning the matter in which the ri^-ht to any stock or chose in action vested under the provisions of this Act is to be exercised. 1918-19. c. 58, s. 32. LUNATICS AND THEIK ESTATES Cap. 158 2309 33. Where the court has jurisdiction to order a convey- Appointment ance or transfer of land or stock or to make a vesting ordei', trustee an order may also be made appointing a new trustee or trustees. ] 918-11), c. 58, s. 33. MISCELLANEOUS PROVISIONS. 34. Where there is money in any court to the credit of a Money m person who has been found or who is alleged to be a lunatic ing to lunatic and such person is resident in Great Britain or Ireland or °urfsdiction in any part of Canada other than Saskatchewan, upon pro- duction of an order made by a superior court exercising jurisdiction where such person is resident, authorising any person to receive such money, the court may make an order for payment of such money to the person designated in the order to receive the same. 1918-19, c. 58, s. 34. 35. The court may order the costs, charges and expenses Co8t» of and incidental to orders, issues, directions, conveyances, transfers and all proceedings of whatever nature under this Act to be paid by any party to the application, issue or proceeding, or out of the estate of the lunatic or alleged lunatic, or partly in one way and partly in another. 1918-19, c. 58, s. 35. ' 36. — (1) The court may make rules for carrying this Act Rule* into effect and for regulating the costs in relation thereto, and except where inconsistent with the provisions of this Act or such rules The King's Bench Act and rules made there- under shall apply to proceedings under this Act. (2) The provisions of The King's Bench Act as to the promulgation of rules made thereunder and the effect thereof, shall apply to rules made under the authority of this section. 1918-19, 'c. 58, s. 36. APPLICATION OF ACT TO PERSONS NOT LUNATICS, BUT INCAPACITATED BY MENTAL INFIRMITY. 37. — (1) The powers and provisions of this Act relating Extension to management and administration shall apply to every certain persons person not declared to be a lunatic with regard to whom it umatfce'"^ is proved to the satisfaction of the court, that he is, through mental infirmity, arising from disease, age or other cause, or by reason of habitual drunkenness or the use of drugs, incapable of managing his affairs. (2) The provisions of this section shall apply although the person is not a lunatic. (3) Such of the powers of this Act as are made exercis- able by the committee of the estate under order of the court shall be exercised in the cases provided for by subsection fl) by such person, in such manner, and with or without security, 2310 Cap. 158 lunatics and their estates as the court directs, ami any such order may coiifer upon the person therein named authority to do any specified act or exercise any specified power, or may confer a general authority to exercise on behalf of the person to whom the order relates until t'lii-tlicr 'irdei". all or any such powers without further application to the court. per^dn'^ "^ (4) Evei'y pcrsoii ajipointc*! to do any such act or exercise appointc.i .^j^y g^^]^ powcr shall be subject to the jurisdiction and authority of the court as if such |)orson were the committee of the estate of a lunatic so declared. Application (^5-) Scctioii 12 shall a])])]y to the cases provided for by subsection (1). and the person in respect of whom the order is made, and any person afigrieved or affected by the order shall have the like right to appeal therefrom as is provided for bv section 6. 1oYs-19. o. .58. s. 37. CHAPTER 15S. An Act to appoint an Administrator of liUnatics' Estates. H IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Administrator 0/ short utie lAinatics' Estates Act. INTERPRETATION. 3. In this Act, unless the context otherwise requires, the interpretation, expression : 1. "Court" means His Majesty's Court of King's Bench "Court for Saskatchewan ; 2. "Hospital" means the provincial hospital for the insane -Hospitrir at Battleford, or any other provincial hospital for the insane which may hereafter be established in Saskatchewan ; 3. "Judge" means a judge of the said court; "Judge' 4. "Lunatic" includes an idiot or other person of unsound "Lunatic mind; 5. "Minister" means the Minister of Public Works, or-xMim^i^r such other member of the Executive Council as is intrusted with the administration of this Act. 1918-19, c. 59, s. 1. APPOINTMENT OF ADMINISTRATOR. 3. The Lieutenant Governor in Council may appoint an Duties of officer to be known as the Administrator of Lunatics' Estates, ^fi"^'"'^'"^"^ whose duty it shall be to manage, handle, administer and care for the property whether real or personal of lunatics which is intrusted to him under the provisions of this Act. 1918-19, c. 59, s. 2. 4. The administrator shall by his name of office be the Admim*tratnr- committee of any lunatic who has no other committee and '^ """'"""'"^ who is detained in hospital under the provisions of The Dangerous Lunatics Act, or of any Act which may be sub- stituted therefor, or of any Act or law which may from time to time be in force in the province, whenever appointed bv the Lieutenant Governor in Council to act as such committee. 1918-19, c. 59, s. 3. 2312 Cap. 159 LUNATICS ESTATES Appointment filed with registnir . During the continuance of the order in council no other committee or guardian .shall be appointed to the luna- tic's estate bv the court. 1918-19, c. 59, s. 5. POWKKS AND DUTIES OF ADMINISTRATOR. rt?mrnfst/!.tor ~' The administrator, while acting as committee to the estate of a lunatic, shall have all the powers of a committee or guardian appointed by the court. 1918-19, c. 59. s. 6. Removal of -guardian 8. In case a committee or guardian has been appointed by the court to the estate of a lunatic detained as aforesaid, or shall have been appointed to the estate of any such lunatic before his admission to the hospital, the administrator shall be entitled, on aj)plication to a judge in chambers, to an order removing such committee or guardian and vesting the estate in the administrator, upon such terms as to taking the accounts, remuneration of the committee or guardian and costs, as seems meet. 1918-19, c. 59, s. 7. Administrator may deal with -estate J). — (1) The administrator, as committee of the estate of a lunatic, shall have power and authority, without applying to or petitioning the court for a declaration of lunacy, or for an order affecting the said estate: (a) to sell, mortgage, partition, lease or lease with an option of purchasing, the real estate of a lunatic, or any portion thereof; (b) to transfer or assign any mortgage, lease or agree- ment standing in the name of the lunatic, or to discharge any such mortgage ; (c) to execute the necessary transfers, conveyances, agreements for sale, partition agreements, leases, and transfers of mortiraaos and leases, and dis- charges of mortgage; and (d) to accept mortgages as security for the purchase money or any part thereof. (2) When land of a lunatic is to be sold, the administra- tor shall cause a notice of the sale to be published once a week for two successive weeks in a newspaper published or circulatincr in the district where the land is situated, the lunatics' estates Cap. 159 2313 latter of such insertions to be not less than seven days before the day of sale, and also in one issue of The Saskatchewan Gazette. 1918-19, c. 59, s. 8. 10. The registrar of land titles for the r^o'istration district Registration in which the land is situated, shall register such transfers, mortgages, leases, transfers of mortgages and leases and dis- charges of mortgage, upon the production and deposit of a duly certified copy of the order in council appointing the administrator to be committee of the lunatic's estate, and of a certificate of the minister certifying that the personal estate and the rents, profits and income of the real estate are insufficient for the maintenance of the lunatic or his family, or for the education of his children ; or that it is desirable in the interests of the lunatic and his estate that the property should be sold or mortgaged, or that the mortgages or. leases should be transferred or assigned, or the mortgages dis- charged, as the case may be. 1918-19, c. 59. s, 9. 11. The administrator shall have and be deemed always investments to have had authority to invest the moneys of a lunatic of whom he is the committee, in any securities in which trustees are by law authorised to invest trust funds. 1918-19, c. 59, s. 10. 12« — (1) In the event of the administrator entering into Agreements a contract on behalf of the lunatic while the latter is confined tr^afol-Ts'"^' in an hospital, such contract shall be binding on the lunatic Jj,"^^"^® after his discharge or escape from the hospital in the same manner and to the same extent as if he himself had made it; and, in the event of the lunatic failimr to carry out his obli- gations thereunder after his discharge or escape, the adminis- trator may do so in the same manner «is he might have done if the lunatic had remained in confinement. (2) Where a sale of land has been made by the adminis- trator while the owner was detained in the hospital, the administrator shall have power to convey title, notwithstand- ing that the owner is discharged before a transfer of the land so sold has been executed or registered. 1918-19, c. 59, s. 11. l'*^ — (1) When a lunatic has been committed to the hos- Notices of pital the administrator shall forthwith send notice of hig «°"^'"'t""^"'^ commitment by registered letter to every reGfistrar of land titles, local registrar of the Court of King's Bench and clerk of the district court in the province. (2) After receipt of the notice in subsection (1) men- tioned, no local registrar or clerk of the court shall enter jud ceedings for foreclosure or sale, unless such instrument is duly executed by the Administrator of Lunatics' Estates, or the registration is authorised by such administrator in writing. 1918-19, c. 59, s. 12. 14. Upon the release or discharge of the lunatic, the administration having been for the purposes of this Act com- pleted, or at any time when for any reason the minister considers a continuation of the administration no longer necessary or desirable, the administrator shall forward by registered letter to the officials mentioned in section 13, a notice that the administration is at an end, and therenpon the restrictions contained in such section shall cease to apply, and the local registrars, clerks of the court and registrars of land titles shall deal with documents and proceedings in rheir respective offices as if the notice given under section 13 had not been received. 1918-19, c. 59, s. 13. ACTIONS. Notice of action No judgiiiciii or exeouti"!. without notice 15. ISTo action or other proceeding shall be brought by way of foreclosure or sale under mortgage or otherwise against a lunatic who is detained in an hospital unless thirty (lays' previous notice of such action or proceeding has been given in Writing to the administrator. Such notice shall set out fully the cause of the proposed action or proceeding with particulars. 1918-19, c. 59, s. 14. 16. No judgment shall be entered against a lunatic su detained upon proceedings taken against him before commit- ment, nor shall execution be issued upon a judgment obtained against him before commitment, unless thirty days' previous notice of intention to enter such judgment or issue such execution has been given in writing to the administrator by the other party to the action or proceeding. 1918-19, c. 59. -. 15. ADMINISTRATIOX OX DEATH OF LUNATIC. Deatli It lunafir 17. When a lunatic, of whose estate the administrator is committee dies, the administrator shall retain possession of lunatics' estates Cap. 139 2315 the lands, personal estate and effects of the deceased, and shall forthwitli notify the minister of the death. 1918-19. c. 59, s. 16. 18. The administrator may ihcrenpon apply to the proper .vppUcation surrogate eonrt for letters of administration or letters of Xni administration with the will annexed, as the case may bo. and, npon payment of the proper fees and otherwise com- plying with the practice and ])rocedure of such court in so far as the same are applicable, he shall be entitled to sneh letters in priority to the next of kin of the deceased or an\- other person interested in the deceased's estate; but the administrator shall not be required to give security. 191 '^- 19, c. 59, s. IT. POWERS OF LIEUTENANT GOVERNOR IN COUNCIL. iministrator feeble- 19. The Lieutenant Governor in Council may appoint Ad ^^^^ the administrator to be administrator of the estate of any minded . 1 T • i. • person? person who is coimned or under treatment m a public insti- tution as being a feeble minded person, or as being an idiur. or a person of defective understanding; and after appoint- ment the administrator shall, with respect to the estate of such person, have all the power and authority that the administrator has under this Act with respect to the estates of lunatics confined in a public hospital for the insane. 1918-19. e. 59. s. IS. 20. The Lieutenant Governor in Council may upon Advance.^ recommendation of the Provincial Treasurer, authorise the Provincial Treasurer to advance to the administrator from time to time, by way of temporary loan from the consolidated fund of the province, such sums of money for such period and upon such terms and conditions as are deemed requisite for the advantageous administration of any estate in his hands. 1918-19^ c. 59, s. 19. 31.- — (1) The Lieutenant Governor in Council may make Fee- regulations for determining what fees shall be charged for the administration of any or any class of lunatics' estates under this Act, for allowing interest on the moneys of such estates when in the hands of the administrator, and generallv for all or any matters connected with the conduct of the administration not specifically provided for by this Act. (2) All fees received by the administrator shall form part of the consolidated fund of the province. 1918rl0, c. 59, s. 20. 23. — (1) The Lieutenant Governor in Council mav Ad.uinistration \ ' . c 1 Ti '^' estates in annoint the Administrator of Lunatics' Instates of the Pro\- Saskatchewan '■ ^ 1 • • r J 1 i_ i • j.l. • "i lunatics ince of Alberta to be administrator of the estate m this detained in province of anv lunatic who is detained in an asylum or Manitoba" «. 2316 Cap. 159 lunatics' estates other provincial institution in Alberta, and lie may appoint the Administrator of Estates of Insane Persons for the Province of ]\Ianitoba to be administrator of the estate in this province of any lunatic who is detained in a public asylum in !^^anitoba ; and an order in council making such an appointment of either of the above mentioned officials shall be conclusive proof that all conditions precedent neces- sary to the appointmet have been fulfilled. (2) The appointee under an order in council issued under subsection (1) shall possess the same rights, powers, privi- leges and immunities as are conferred by this Act upon the Administrator of Lunatics' Estates for Saskatchewan, and he shall be subject to the same obligations and shall perform the same duties ; the provisions of this Act shall apply to him with the necessary modifications in the same manner as to the Administrator of Lunatics' Estates for Saskatche- wan, and all courts, court officials and registrars of land titles shall be bound by the order in council appointing him in the same manner and to the same extent as they are bound by an order in council appointing the Administrator of Lunatics' Estates for Saskatchewan to be committee of the estate of a lunatic. (3) The certificate required to be produced under the provisions of section 10 shall be sufficiently signed if pur- porting to be sigTied by the Attorney General or the Minister of Public Works for the Province of Manitoba or the Attorney General or Provincial Treasurer of Alberta, as the case may be, or by a minister acting for or in the place of any of such ministers. (4) Section 23 shall not apply to an administrator appointed under this section. 1919-20, c. 64, s. 1. GENERAL. aucurand *'^^' — (1) '^^^^ Provincial Auditor shall make an annual report audit of the books, accounts and vouchers of the said administrator. (2.) The Provincial Treasurer shall lay before the Legis- lature within fifteen days of the opening of the session in each year the report of the auditor upon the administrator's accounts. (5) The administrator shall pay the Provincial Treasurer for the audit of his accounts such fees as may be determined by the Lieutenant Governor in Council, and may be allowed the same as expenses necessarily incurred on behalf of the estate. 1918-19, c. .59, s. 21. 5. LANDLORD AND TENANT CHAPTER 160. An Act respecting the Law of Landlord and Tenant. H IS Majest}^, by and with tlie advice and consent of the Legislative Assemblvof Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Landlord and Tenan^'^''°ft ^itie Act. 1918-19, c. 79, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the rnterpretatioa expression : 1. "Crops" includes all sorts of grain, grass, hay, hops, "Crops - fruits, pulse and other products of the soil; 2. "Landlord" means lessor, owner, the person giving or ■ Landlord" permitting the occupation of the premises in question, and includes his and their assigns and legal representatives, and in Part IV also includes the person entitled to the possession of the premises ; 3. "Standing crops" means crops standing or growing on 'Standing the demised premises ; 4. "Tenant" means and includes lessee, occupant, sub- "Tenant- tenant, under tenant, and his or their assigns and legal repre- sentatives. 1918-19, c. 79, s. 2. PART T. Covenants and Conditions. COVENANTS RUNNING WITH REVERSION, ETC. 3. All persons being srrantees or assignees of land under Remedies t^ CO o_ in available lease and their executors, administrators and assigns, shall to assignees of . Ti 1 • 1 1 j^i • reversion have and enjoy like advantage against the lessees, then- executors, administrators and assigns, by entry for nonpay- ment of the rent or for doing of waste or other forfeiture, and also shall have and enjoy all and every such like and 32 Hen. viii, the same advantage, benefit and remedies, by action, for the "■ 3*. «■ 1 nonperformance of other conditions, covenants, or agree- ments, contained and expressed in the indentures of their 23a ^ Cap. lOO LANDLOKD AND TENANT leases, demises or grants against all and every of the said lessees, their executors, administrators and assigns, as the lessors or grantors themselves or their legal representatives might have had and enjoyed at anv time or times, c. 79, s. 3. 1918-19. I.esscf'> covenniii to run "iili reversiim aotwitli.>t.iii(l- ing sev(»ranrc Imp. Act. 44—45 Vic . r. 41, s'. Ill Action again.*t assigns of grantors and lessors 32 Hen. VIII. e. 34, -'. 2 Lessor';^ covenant"; to run with rever-sion notwithstand- ing severance Imp. .-Vet, 44-45 Vic , c. 41, 9 11 4. — (1) Rent reserved by a lease and the benetit of every covenant or provision therein contained, having reference to the subject matter thereof, and on the lessee's part to be •observed or performed, and every condition of re-entry and other condition therein contained shall be annexed and inci- dent to and shall go with the reversionary estate in the land or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and shall be capable of being recovered, received, enforced and taken advantage of by any person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased. (2) In the case of rent reserved and the reversion having been severed, subsection (1) shall apply only where the rent has been legally apportioned. 1918-19. c. Y9, s. 4. 5. All lessees and grantees of lands, tenements, rents or any other hereditaments for term of years, life or lives, their executors, administrators and assigns, shall and may have like action, advantage and remedy against all and every grantee or assignee of the rc^'crsion of the same lands, tene- ments and other hereditaments so let, or any parcel thereof, for any condition, covenant, or agreement, contained or expressed in the indentures of their leases, as the same lessees or any of them, might and should have had against their said lessors and grantors or their legal representatives. 1918-19, c. 79, s. 5. 6. The obligation of a covenant entered into by a lessor with reference to the subject matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term gi-anted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise : and, if and so far as the lessor has power to bind the person from time to time entitled to that reversionary estate, such obligation may be taken advantage of and enforced against any person so entitled. 1918-19, e. 79, s. 6. APPORTIONMENT OF CONDITION OF BE-ENTRY. .Apportionment of conditions 7.-^(1) Notwithstanding the severance by conveyance, on severance surrender or otherwise, of the reversionary estate in any land LANDLORD AND TENANT ('ap. 160 2319 comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term gi-anted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to ^-^L';/^*^^ the severed parts of the reversionary estate as severed, andc. ii.s. 12 shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land which has not been surrendered, or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease. (2) In the case of rent reserved and the reversion having been severed, subsection (1) shall apply only where the rent has been legally apportioned. 1918-19, c. 79, s. 7. MERGER^ ETC.. OF REVERSIONS. 8. Where the reversion expectant on a lease of land gj^^g^^er or merges or is surrendered, the estate which for the time being ^f/J^^f confers as against the tenant under the lease the next vested expeaant right to the land shall, to the extent of and for preserving m^cmam su'ch incidents to and obligations on the reversion as but for the surrender or merger thereof would have subsisted, bcimp^Act, deemed the reversion expectant on the lease. 1918-19. c. 7'.'. ,. loo, s'. s. 8. PAKT II. Leases. RIGHT OF RE-ENTRY. 9. — (1) In every lease, whether verbal or in writing and ^^^'.1^^,°' ^„ whenever made, unless it is otherwise agreed, there shall be^^Xi""""' deemed to be included an agreement that if the rent reserved, or any part thereof, shall remain unpaid for the space of two calendar months after any of the days on which the same ought to have been paid, although no formal demand thereof has been made, or in case default is made in the performance of any covenant or agreement on the part of the lessee, whether express or implied, and such default is continued for the space of two calendar months, it shall be lawful for the landlord at any time thereafter, into and upon the demised premises, or any part thereof in the name of the whole, to re-enter and the same to have again, repossess and enjoy as of his former estate. 2320 Cap. IGO LANDLORD AND TEXAXT Implied agreement for re-entry on conviction of tenant for keeping disorderly house (2) ]n e\<>rv such lease as aforesaid there shall be deemerl to be inelndod an ag-reement that if the tenant or any other person is convicted of keeping a disorderly house, within the meaning of The Criminal Code, on the demised premises, or any part thereof, it shall be lawful for the landlord at any time thereafter, into and upon the demised premises to re-enter and the same to have again, repossess and enjoy as of his former estate. 1918-19, c. 79, s. 9. FORFEITURE OF LEASES. ' Lessee ' Interpretation 10 — (1) Ju this sectlou, and scctlons 11, 12 and 13-, the expression : Lease" ] "Lcasc" iucludcs an original or derivative under lease, and an agi-eement for a lease where the lessee has become entitled to have his lease gi'anted ; "Lessor" o. "Lessor" includes an original or derivative under lessor and the executors, administrators and assigns of a lessor; 3. "Lessee" includes an original or derivative under lessee and the executors, administrators and assigns of a lessee; 4. "Under lease" includes an agreement for an under lease where the under lessee has become entitled to have his under lease granted; 5. "Under lessee" includes any person deriving title under or from a lessee or an under lessee. (2) A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease other than a proviso in respect of the payment of rent, shall not be enforceable by action or other- wise, unless and until : (a) the lessor serves on the lessee a notice specifying the particular breach complained of and if the breach is capable of remedy requiring the lessee to remedy the breach, and, in any case, requiring* the lessee to make compensation in money for the - breach; and (&) the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money to the satisfaction of the lessor for the breach. _ (3) Where a lessor is proceeding by action or otherwise to enforce any right of re-entry or forfeiture, whether for nonpayment of rent or for other cause, the lessee may in the lessor's action, if any, or if there is no such action pending, then in an action brought by himself, apply to the court for relief ; and the court may grant such relief, as having regard " Under lease" " Under lessee" Restrictions on and relief against forfeitures of leases Imp. Act, 44-i5 Vic. c. 41. 8. 14 (1); 55-56 Vic, «. 13, 8. 5 Relief against forfeitnrp LANDLORD AND TENANT Cap. liJO 2321 to the proceedings and conduct of the parties under the fore- going provisions of this section and to all the other circum- stances the court thinks fit, and on such terms as to payment of rent, costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the court deems just. (4) For the purpose of this section a lease limited to coi^- ^^^J^^^i,"''*'^ tinue so long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach. (5) "Where action is brought to enforce a ridit of re-entry when ^ '' ^ 111 proceedings or forfeiture for nonpayment of rent and the lessee, at any may be time before judgment, pays into court all the rent in arrear and the costs of the action, the proceedings in the action shall be forever stayed. (6) Where relief is ofranted under the provisions of this Position of ~ i ^ _ lessee section the lessee shall hold and enjoy the demised premises accordino; to the lease thereof made without anv new lease. (7) This section shall apply to all leases, and shall apply Application ^ ' 1 • " • 1 1 1 "f section notwithstanding any stipulation m the lease to the contrary. (8) This section shall not extend to a covenant or condi- Exceptions tion against the assigning, underletting, parting with the possession, or disposing of the land leased ; or to a condition for forfeiture on the bankruptcy of the lessee, or on the taking in execution of the lessee's goods or interest in the term.^ 1918-19, c. 79, s. 10. LEASES^ UNDER LEASES,, FORFEITURE. 11. Where a lessor is proceeding bv action or otherwise to Protection of '■ ^ p . " , under lessees enforce a riffht of re-entrv or forfeiture under anv covenant, on forfeiture . T . . ' ■■ • . of superior proviso, or stipulation in a lease, the court, on application lease loy any person claiming as under lessee any estate or interest in the property comprised in the lease or any part thereof, either in the lessor's action, if any, or in any action brought imp. Act. by such person for that purpose, may make an order vesting c. 13,8.4' for the whole term of the lease or any less term the property comprised in the lease, or any part thereof, in any person entitled as under lessee to any estate or interest in such property, upon such conditions, as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security or otherwise, as the court in the circumstances of each case thinks fit ; but in no case shall any such under lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sublease. 1918-19. c. 79, s. 11. 2322 rap. 160 LANDLORD AND TENANT Parties to nn action to enforce right of re-entry nr fiirfeitiirp 12. "Where a lessor is proceeding by action to enforce a right of re-entry or forfeiture under any covenant, proviso or stipulation in a lease, every person claiming any right, title or interest in the demised premises under the lessee, if it is known to the lessor that he claims such right or interest or if the instrument under which he claims is registered in tlie proper land titles office, shall be made a party to the action. 1918-19. c. 79, s. 12. License to a-^sign not to bo unreasonably withtiplfl 13. iu every lease containing a covenant, condition or agreement against assigning, underletting, or parting with the possession, or disposing of the land or property leased without license or consent, such covenant, condition or agree- ment shall, unless the lease contains an expressed provision to the contrary, be deemed to be subject to a proviso to the effect that such license or consent shall not be unreasonably withheld. 1918-19, c. 79, s. 13. LICENSES. Restriction of effect of license under power sontained in lea«e Imp. .Kcl, 22-23 Vic, «. 3.=;. 9. 1 14. Where a license to do any act which, without such license, would create a forfeiture, or give a right to re-enter under a condition or power reserved in a lease, is given to a lessee or his assigns, every such license shall, unless otherwise expressed, extend only to the permission actually given, or to any specific breach of any proviso or covenant, or to the actual assignment, under lease or other matter thereby speci- fically authorised to be done, but shall not prevent a proceed- ing for any subsequent breach unless otherwise specified in such license ; and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and virtue, and shall be available as against any :^ubsequent breach of covenant or condition, assignment, under lease, or other matter not specifically authorised or made dispunishable by such license, in the same manner a> if no such license had been given; and the condition or right <»f re-entry shall be and remain in all respects as if sucli license had not been given, except in respect of the particular matter authorised to be done. 1918-19, c. 79, s. 14. ties trie ted operation of partia I licenses Imp, Act, 22-23 Vic. c. 35. s. 2 15. Where in a lease there is a power or condition of re-entry on assigning or underletting or doing any other specified act without license, and a license has been or is iiiven to one of several lessees or co-owners to assign or under- let his share or interest, or to do any other act prohibited to be done without license, or has been or is given to a lessee or owner, or any one of several lessees or owners, to assign or underlet part only of the property, or to do any other such net in respect of part only of such property, such license LANDLORD AND TENANT Cap. 1 OO 2323 shall not operate to destroy or extinguish the right of re-entry in case of any breach of the covenant or condition by the co-lessee or co-lessees or owner or owners of the other shares or interest in the property, or by the lessee or owner of the rest of the property, over or in respect of such shares or interest or remaining property, but such right of re-entry shall remain in full force over or in respect of the shares or interests or property not the subject of such license. 1918- 19, c. 79, s. 15. WAIVER OF COVENANT. 16. Where an actual waiver of the benefit of a covenant iie»tricnon of effect of or condition in a lease, on the part of a lessor or his execu-"^'ver of 1 . . .7 11 T 1 covenant tors, administrators or assigns, is proved to have taken place in any one particular instance such actual waiver shall not be asumed or deemed to extend to any instance or any breach of covenant or condition other than that to which such waiver 23-24 v'ic. specially relates, nor to be a general waiver of the benefit of ' any such covenant or condition unless an intention to that effect appears. 1918-19, c. 79, s. 16. COVENANT TO PAY TAXES. 17. Unless it is otherwise specifically provided in a lease c^oye^ant to made on or after the first day of May, 1919, a covenant by a noUo include «^ "^ ' ' .11 taxes for local lessee for payment of taxes shall not be deemed to include improvements an obligation to pay taxes assessed for local improvements. 1918-19, c. 79, s. 17. LENGTH OF NOTICES TO QUIT. 18. A week's notice and a month's notice to quit, respec- Notice to tively, ending with the week or the month, shall be sufficient of'tt-e^kiy notice to determine, respectively, a weekly or monthly tenTnclea ' tenancy. 1918-19, c. 79. s. 18. ]\\K\' III. Distress. EXTENSK^X OF THE REMKDV. 19. Every person may have the like remedy by distress, Distreaa for and by impounding and selling the property distrained jn'^^"*^^^'''' cases of rent seek, as in case of rent reserved upon lease, c "^r'-."' 1918-19, c. 79, s, 19. Vol. 11—38 2324 Cap. lOO LANDLUKU AND TENANT Di:*.ui-s ii.r 20. A person havino- rent due and in arrear, upon any i'^ses" "" lease for life or lives or for years or at will, ended or deter- ' ^*^'""" mined, may distrain for such arrears, after the determination s Anne, c.js. of the leasc, in the same manner as he might have done if the S3. 6 and, j^^^^ ^^^ ^^^ ^^^^ ended or determined, if such distress l)e made within six months after the determination of the lease, and during the continuance of the landlord's title or interest, and during the possession of the tenant from whom the arrears become due. 1918 19, c. 79. s. 20 Right of persons entitled i'' rent duriin: life of another to recover same after death 32 Hen. VllI, c. 37, s. 4 21. A person entitled to any rent or land for the life of another may recover by action or distress the rent due and owing at the time of the death of the person for whose life such rent or land depended as he might have done if the person by whose death the estate in such rent or land deter- mined had continued in life. 1918-19, c. 79, s. 21. Disirescu. 33. Distrcss, whether for a debt due to the Crown or tn 52 Hen. III. any person, shall be reasonable. 1918-19, c. 79, s. 22. c. 4, part PROl'EKTY IvIABTJ: TO DISTRESS. Right to ilistrain grain, etc. 2 W. & M., seas. 1, c. 5, s. 3, in part 23. A person having rent due and in arrear upon any demise, lease, or contract may seize and secure any sheaves or cocks of grain, or grain loose, or in the straw, or hay, lying or being in any barn or granary or otherwise upon any part of the land charged with such rent, and may lock up or detain the same, in the place where the same is found, for or in the nature of a distress until the same is replevied; and, in default of the same being replevied, may remove and sell the same. 1918-19. c. 79, s. 23. Right to distrain cattle or live .stock n Geo. II, C, 19, 88. 8 and 9 Right to distrain standing crnp.s Dispoeal thereof 24. — (1) A landlord may take and seize, as a distress for arrears of rent, any cattle or live stock of his tenant feeding or pasturing upon any highway, oi- on any way belonging to the demised rremises or nuy part thereof. (2) Subject to the provisions of subsection (4) a landlord may take and seize standing crops as a distress for arrears of rent, and may cut, gather, make, cure, thresh, carry and lay up the same, when ripe, in the barns or (^ther proper place on the demised premises, and if there is no barn or proper place on the demised premises, then in any other barn or proper place which the landlord hires or otherwise procures for that purpose as near as may be to the premises, and may in con- venient time sell or otherwise dispose of the same toward.^ satisfaction for the rent for which such distress is made, and of the charge of such distress and sale in the same manner as other goods and chattels may be seized, distrained and dis- posed of. LANDLORD AND TENANT Cap. 160 2325 (3) Notice of the place where the goods and chattels soTeimnts distrained are lodged or deposited shall, within one weekofp^° ""*'" after the lodging or depositing thereof, be given to the tenant ^^^^""^ or left at his last place of iibode. (4) If, after a distress of standing crops so taken f o^^' Ifg^'^^^'^Jf^ arrears of rent, and at any time before the same are ripe and standinR cut, cured, threshed or gathered, the tenant pays to the land- '"'"''" lord for whom the distress is taken the whole rent then in arrear, with the full costs and charges of making snch distress and occasioned thereby, then, upon such payment or lawful tender thereof, the same and every part thereof shall cease, and the standing crops so distrained shall be delivered up to the tenant. (5) Where standing crops are distrained for rent they suie oi^ may, at the option of the landlord, be advertised and sold in rmps""^ the same manner as other goods; and it shall not be neces- sary for the landlord to reap, thresh, gather or market the same. (6) Any person purchasing standing crops at such sale Liability of shall be liable for the rent of the land upon which the samOsundinT" are standing at the time of the sale, and until the same are '"^"'"' removed, unless the rent has been paid or has been collected by the landlord, or has been otherwise satisfied, and the rent shall, as nearly as may be, be the same as that which the tenant whose goods were sold was to pay, having regard to the quantity of land, and to the time during which the pur- chaser occupies It. 101R-10. c. 79, s. 24. 35.— (1) A landlord shall not distrain for rent on thetioodson 1 1 1 1 c 1 premises goods and chattels oi any person except the tenant or person not property who is liable for the rent, although the same are found on the to be exempt premises : but this restriction shall not apply : (a) in favour of a person claiming title under an exe- cution ag.ninst the tenant ; or (h) in favour of a person whose title is derived by pur- chase, gift, transfer or assignment from the tenant, whether absolute or in trust, or by way of mortgage or otherwise ; or (c) to the interest of the tenant in any goods or chattels Exceptions on the premises in the possession of the tenant under a contract for jnirchase, or by which he may or is to become the owner thereof upon performance of any condition : or (d) where goods or chattels have been exchanged between tenants or persons by the one borrowing or hiring from the other for the purpose of defeat- ing the claim of or the right of distress by the land- lord ; 2320 Cap. 1«0 LAXDLOKD AXU TENANT nor shall the restriction apply where the property is claimed by the wife, husband, daughter, son, dau2^hter-in-law, or son- in-law of the tenant, or by any person whose title is derived by purchase, gift, transfer or assignment from any other relative of his in case such other relative lives on the premises as a member of the tenant's family. (2) ^'Tenant" in this section means a person holdinir directly of the landlord. 1018-19, c. 79, s. 25. night of set off Notice thereof Effect of notice 26. — (1) A tenant may set off against the rent due a debt due to him by the landlord. (2) Notice of the claim of set off (form A) may be given before or after the seizure. (3) When the notice is given the landlord shall be entitled to distrain, or to proceed with the distress, only for the bal- ance of the rent after deducting any debt justly due by him to the tenant which is mentioned in the notice. 1918-19. c. 79, s. 26. service ot notices as exemptions or set-ofT Posting up notice in lieu of sffvice 27. — (1) Service of notices under subsection (2) of sec- tion 10, and under sections 18 and 26 shall be made either personally or by leaving the same with a gi'own up person in and apparently residing on the premises occupied by the T-erson to be served. (2) If the tenant cannot be found and his place of abode is not known, or admission thereto cannot be obtained, the posting up of a notice on some conspicuous part of the prem- ises shall be good service. 1918-19, c. 79, s. 27. WHERE DISTRESS MAY BE TAKEN. ciiatteis 28. Save as herein otherwise provided, goods or chattels distrained oiT which are not, at the time of the distress, upon the premises r,2Uen in i^ respect of which the rent distrained for is due shall not ^'- '5 " ■ be distrained for rent. 1918-19, c. 79, s. 28. FRAUDULENT REMOVAL. Luiidlordn may distrain goods fraudulently carried ofit the premises 29. — (1) Where any tenant for life or lives, term of years, at will, sufferance or otherwise, of any messuages, lands, tenements or hereditaments, upon the demise or hold- ing whereof any rent is reserved, due, or made payable, fraudulently or clandestinely conveys away, or carries off or from such premises his goods and chattels to prevent the landlord from distraining the same for arrears of rent so LANDLORD AND TENANT Cap. 160 232' reserved, due, or made payable, the landlord or any person n Geo. ii, by him for that purpose lawfully empowered, may, within i„V^^^| sixty days next ensuing such conveying away or carrying off, take and seize such goods and chattels wherever the same are found, as a distress for such arrears of rent, and the same sell or otherwise dispose of in the same manner as if such goods and chattels had actually been distrained by the land- lord upon such premises for such arrears of rent. (2) ISTo landlord or other person entitled to such arrears E^tception of rent shall take or seize, as a distress for the same, any such goods or chattels which have been sold in good faith and for a valuable consideration, before such seizure made, to any person not privy to such fraud. 1918-19, c. 79, s. 29. 30. Where anv goods or chattels fraudulently or clandes- Right <>/ , 1 " • T 1 1 • landlord to tmely conveyed or carried away by any tenant, his servant, or break open , .T.."^. ,. houses where agent, or other person aidma; or assisting therein are or are goods 1 1 • 1 . 1 • 11 11 1 1 fraudulently believed to be m any house, barn, stable, outhouse, yard, secured close or place, locked up, fastened, or otherwise secured so as to prevent them from being taken and seized as a distress for arrears of rent, the landlord or his agent may take and n Geo ii, seize, as a distress for rent, such goods and chattels, first " ^^' * ' calling to his assistance a constable or peace officer who is hereby required to aid and assist therein, and, in case of a dwelling house, oath being also first made of a reasonable ground to believe that such goods or chattels are therein, and, in the daytime, break open and enter into such house, barn, stable, outhouse, yard, close or place and take and seize such goods and chattels for the arrears of rent as he might have (lone if they were in an open field or place upon the premises from which they were so conveyed or carried away. 1918- 19, c. 79, s. 30. 31. If a tenant so fraudulently removes, conveys away or penaUy lor carries off his goods and chattels, or if any person wilfully removingV.r and knowingly aids or assists him in so doing, or in conceal- romov"V>ods ing the same, every person so offending shall forfeit and pay to the landlord double the value of such goods, to be recovered Iw action in anv court of competent jurisdiction. 1918-19. o'. 79, s. 31. ' IMPOUNDING DISTRESS. 33. Any person lawfully taking any distress for any kind ^"V^^p^'^^^^^^^ of rent may impound, or otherwise secure the distress so inade in such place or on such part of the premises chargeable with the rent as is most fit and convenient for that purpose, ^^,p''^ iJ,- and may sell and dispose of the same upon the premises : 11 Geo. II. c IP. s :i 232S Cap. 160 landlord and tenant # and it shall be lawful for anv person to come and ^o to and from such place or part of the premises where any distress for rent is so impounded and secured to view and buy, and to carry off or remove the same on account of the purchaser thereof. 1918-10, c. 79, s. 32. P'uiiiti lireiirb or resfuo. i|:mini»o>i fur scss 1 , r 3.3. Upon any pound breach or rescue of goods or chattels distrained for rent the person offending, or the owner of the w.v.M, goods distrained, in case the same are afterwards found to have come to his use or possession, shall forfeit to the person aggi'ieved a sum not exceeding $20 in addition to the damages sustained by him. 1918-19, c. 79, s. 33. SALE OF GOODS DISTRAINED. ^ih^reL ''^^' Where any goods or chattels are distrained for rent reserved and due upon any demise, lease or contract, and the tenant or owner of them does not, within five days next after such distress taken and notice thereof, with the cause of sucii taking, left at the dwelling house or other most conspicuous 2W.&M., place on the premises charged with the rent distrained for, sess. 1,0. .5, I '■ ciT *■ 1 replevy the same, then after such distress and notice and the expiration of such five days, the person distraining may law- fully sell the goods and chattels so distrained for the best price that can be got for the same towards satisfaction of the rent for which the same were distrained and of the charges of such distress and sale, and shall hold the overplus, if any. for the owner's use and pay the same over to him on demand. 1918-19, c. 79, s. 34. WROXGFUL OR TRREOFLAR DISTRESS. Irregularities 35, Whcro anv distrcsp is made for any kind of rent not to make •' ^ a'^InX^'"''' .i^i^t^y ^'^^^ ^''^^ ^''^y ^^'Ycgn\i\v\ty or unlawful act shall after- wards be done by the person distraining, or by his agent, the distress itself shall not be therefore deemed to be unlawful. iiGeo. ji, nor the person making it be deemed a trespasser ah initio. \m\ the person aggrieved by such unlawful act or irregularity may recover by action full satisfaction for the special damage sustained thereby. 1918-19, c. 79, s. 35. Wrongful 36. — (1") A distrainor who takes an excessive distress, or 'li-(ress _ ^ ' -.1' Hen. III. takes a distress wrongfully, shall be liable in damages to the ■■'■ iM«. I. ,-.'i6 owner of the ffoods or chattels distrained. Wlicrc nil mil rliif (2) Where a distress and sale are made for rent pretended to be in arrear and due when, in truth, no rent is in arrear or due to the ])ersou distraining, or to the person in whose LANDLORD AND TENANT Cap. 160 2329 name or right such distress is taken, the owner of the goods2 \\ . a- \r or chattels distrained and sold, his executors, or adminis-s^4 trators shall be entitled, by action to be brought against the person so distraining, to recover full satisfaction for the damage sustained by the distress and sale. 1918-19, c. 79, s. 86. :?7. In any action, suit or matter in which the legality oi^^J^^°°^ a distress is called in question, the proceedings in connection with such distress shall be taken to have been valid and regu- l;if \intil the contrary is shown. 1918-19, c. 79, s. 37. TKOI'S SKI7.KI) I'XDEK KXRCUTION. 38. Where all or any part of the standing crops of the Liability tenant of any land is seized and sold by a sheriff or other crops seized •' . , , find sold under officer bv virtue of a writ of execution, sucn crops, so long as execution for •■ __..-,, « r^ . 1. . accruiui: rent the same remain on the land in default of sufficient distress'"'"""'*' of the goods and chattels of the tenant, shall be liable for the i„,p. .^,t. ,4- vent which may accrue and become due to the landlord after l^^^- .. any such seizure and sale, and to the remedies by distress for i-ecovery of such rent, and that notwithstanding any bargain and sale or assignment which may have been made or exe- cuted of such crops by such sheriff or other officer. 1918-19, c. Y9, s. 38. EXECUTORS OR ADMINISTRATORS. 39. The executors or administrators of a landlord may ^'^''^ °| •' personal distrain for the arrears of rent due to such landlord in his representatives to distrain tor lifetime, and may sue for the same in like manner as such arrenr> landlord might have done if living, and the powers and pro- visions contained in this Act relating to distresses for rent shall be applicable to the distresses so made. 1918-19, c. 79. 8. 39. PART IV. Overholding Tenants. LIABILITY OF TENANTS OVERHOLDING. 40. Where a tenant for any term for life, lives or vears, Penalty of ,1 1 . . . « -I "i 1 double value or other person who comes into possession 01 any land, by, for overhoiding from, or under, or by collusion with such tenant, wilfully holds over such land or any part thereof after the determi- 2330 Cap. 1 (U) LANDLORD Ai\D TENANT 4 Geci. II. c. 28. ^ 1 nation of pnch term, and after notice in writing given for delivering the ]»ossession tliereof by his landlord or the person to whom the remainder or reversion of such laud belongs or his aeent thereunto lawfully authorised, such tenant or other person so holding over shall, for and during the time he so holds over or keeps tlie person entitled out of possession, pay to such person or his assigns at the rate of double the yearly value of the land so detained for so long as the same is detained, to be recovered by action in any court of competent jurisdiction, against the recovering of which penalty there shall be no relief. 1918-19, c 79, s. 40. Penalty ot double rent for (iver- tiolding altpr tenant inve.-i notice to l|lljt 11 Geo. II, c 19. s. IS 41. Where a tenant gives notice of his intention to quit the premises by him holden at a time mentioned in such notice, and does not accordingly deliver up the possession thereof at the time mentioned in such notice the tenant shall from thenceforward pay to the landlord double the rent or sum which he should otherwise have paid, to be levied, sued for, and recovered at the same time and in the same manner as the single rent or sum before the giving such notice could be levied, sued for. or recovered ; and such double rent or sum shall continue to he paid while such tenant continues in possession. 191^-10. c. 79, s. 41. PROCEEniTs'CiS AGAINST 0\" RRIIOLDTNG TENANTS. Application to court against overholciiiif; tenant -43. — (1) Where a tenant after his lease or right of occu- |>ation, however created, has expired or been determined, cither by the landlord or by the tenant, by a notice to quit or notice pursuant to a proviso in any lease or agi-eement in that behalf, or has been determined by any other act whereby a tenancy or right of occupancy ipay be determined or put an end to, wrongfully refuses or neglects to go out of pos- session of the land demised to him, or which he has been permitted to occupy, his landlord may apply upon affidavit to the judge of the district court of the district in which the hmd or part of tlic land lies to make the inquiry hereinafter ju'ovidcd for. (•2) The judge .^hall in writing appoint a time and place at which he will inquire and determine whether the person (•omplained of was tenant to the complainant for a term or period which has expired or has been determined by a notice to quit or for default in payment of rent or otherwise, and whether the tenant holds the possession against the right of the landlord, and whether the tenant, having no right to continue in possession, wrongfully refuses or neglects to go dill !• — (1) Where any person, who, in pursuance of any k covenant or agi-eement in writing, if within Saskatchewan per,'!.ns''out and amenable to the process of the Court of King's Bench "' '"''"■'"^'' might be compelled to execute any lease by way of renewal, is not within Saskatchewan or is not amenable to the process of the court, the court, upon the application of any persou entitled to such renewal, whether such person is or is not n Geo. iv,_ under any disability, may direct such person as the court r."Go. ss.'is, ' thinks proper to appoint for that purpose to accept a surren- '" ""' ""' '*''' der of the subsisting lease, and to make and execute a new lease in the name of the person who ought to have renewed the same. (2) A new lease executed by the person so appointed shall l^'l^^ be as valid as if the person in whose name the same was made '"•«• t^ase were alive and not under any disability and had himself executed it. (3) In every such case it shall be in the discretion of the iMscretion court to direct an action to be brought to establish the right dire?" actroo of the person seeking the renewal, and not to make the order '" ''' '"'""^^^ for such new lease unless by the judgment to be made in such action, or until after it shall have been entered. (4) A renewed lease shall not be executed bv virtue of ('".litionf this section in pursuance of any covenant or agreement unless the sum or sums of money, if any, which ought to be paid 2334 Cap. 160 LANDLOKD AND TENANT Premiums Costs on such renewal and the things, if any, which ought to be performed in pursuance of such covenant or agi-eement by the tenant be first paid and performed, and counterparts of every such renewal lease shall be duly executed by the tenant. (5) All sums of money which are had, received or paid for or on account of, the renewal of any lease by any person out of Saskatchewan or not amenable to the process of the court, after a deduction of all necessary incidental charges and expenses, shall be paid to such person or in such manner or into the court to such account, and he applied and disposed of as the court directs. (6) The court may order the costs and expenses of and relating to the applications, orders, directions, conveyances and transfers, or any of them, to be paid and raised out of or from the land, or the rents in respect of which the same arc respectively made, in such manner as the court deems proper. 1918-19. c. 79, s. 51. LIEN FOK RENT AS AGAINST AN EXECUTION. Good.s taken in exeoution iii't to be removed till rent paid s Aiiiie, c. 1>>, s 1 When exeoii- tion may be proirpi\U'(\ this day of . !'.> . C. D. {ienani ). FORM B. (Section Jf.Jf) Writ of Possession. SASKATCUKWAX, To wit : George the Fifth, by the Grace of God, of the United King- dom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India. [l.s.] To the sheriff of the Greeting : Whereas judge of the court of , by his order dated the day of , 19 , made in pursuance of The Landlord and Tenant Act, on the com- plaint of . against , adjudged that was entitled to the possession of with the appurtenances in your bailiwick, and that a writ should issue out of our said court accordingly (if costs are awarded add. and also ordered and directed that the said should pay the costs of the proceedings had under the said Act, which have been taxed at the sum of ). Therefore, we command you that without delay you cause the said to have possession of the said land and premises, with the appurtenances (if costs are awarded add, and we also command you that of the goods and chattels and land and tenements of the said in your bailiwick, you cause to be made being the said costs so taxed and have that money in our said court immediately after the execution hereof, to be rendered to the said ). 2836 ( 'ap. 160 la.\dloi{d and tenant And in what manner voii shall have executed this writ make appear to our said court, immediately after the execu- tion hereof, and have there then this writ. Witness judge of our said court at , this dav of . 1 1' Clerk. Issued from rhc office of the clerk of the district court for the -Tiidicinl T^istrict of Clerk. \ UCSOUTHFRIVRFGinrjA I ' IPR-RV AA 000 709 118 K S25c 1920 V.2