Bill 12 (Legislature 3, Session 5)

L3 S5 9769

Alberta — Bills

BILL No. 12 of 1917.

An Act to amend the Statute Law. (Assented to , 1917.) HIS MAJESTY, by and with the advice and consent of . the Legislative Assemhly, of the Province of Alberta, enacts as follows: 1. The Boilers Act, being

chapter 9 of the Statute:s of Alberta, 1911-1912, is hereby amended as follows:

Section 33: By adding after the word "boiler" on the fourth line the following: It Carrying not less than twenty pounds pressure and", and inserting in the fifth line Il~fter the word "any" the word "such". 2.

An Act re8pecting Tran8fer8 of Execution8 and J~udg ment8, being

chapter 17 of the Statutes of 1914, is hereby amended as follows:

Section 1: By inserting after the word "offices'" in the second line thereof the words It or of the Attorney General" . 3. The Bills of Sale Ordinance, being

chapter 43 of the Consolidated Ordinances of the N orth- 'Vest Tenitories, 1898, is amended as follows: 1. By striking out from

section 6 thereof the words "and is properly authorized by power in writing to take such mortvage in which case a copy of such authority shall be attached thereto (save as hereinafter provided under

section 21 hereof)" where they appeal' in the tenth, eleventh, twelfth and thirteenth lines of the said section. 2. By strikinl! out all that part of

section 8 thereof between the word "mortgagees" in the fifteenth line and the word "then" in the twentieth line of the said

section and substituting therefor the words "or of the agent of the mortga/!"ee or mortgagees if such agent is aware of all the circumstances connected therewith". 3. By strikinv out from

section 9 thereof the words "duly authorized in writing to such conveyance (a c:opy of which authority shall be attached to the conveyan(~e)" where they appear in the eighth, ninth and tenth lines of the said section. 4. By adding to

section 13 thereof the following sub section: "

(2) All registrations made under this Ordinance or under any other Ordinance or Act between the first day of October, A.D. 1916, and the second day of January, A.D. 1917, both inclusive, in the Wetaskiwin and Red Deer Registration Districts, and which by law should have been made in the Lacombe Registration District, /'.Lre hereby ratified and confirmed and declared to have the same force and effect as if originally mac~e in the Lacombe Registration District." 5. By striking out from

section 17 thereof the words "duly authorized {or that purpose" where they appear in the fifteenth and sixteenth lines of the said section.

6. By repealin!!

section 21 thereof. 7. By repealing

section 22 thereof and substituting therefor the following: "22. If any mortgagee, bargainee or assignee be a cor poration, the affidavit of bona fides required by sections 6, 8 and 9 of this Ordinance, and the affidavit required by

section 17 of this Ordinance may be made by the president, vice-president, manager, assistant manager" secre tary or treasurer of such corporation or by any person duly authorized by resolution of the directors in that behalf, and if the head office of the corporation be outside the province, then the affidavit in any such case may be made by any general or local manager, secretary or agent of the corporation within the province, or by any person duly authorized by the directors in that behalf, and such affidavit shall state that the deponent is aware of the circumstances and has a personal knowledge of the facts deposed to." 8. By adding to

section 25 thereof the followinl~ sub 'section: "

(2) The certificate of discharge or partial dischllorge of any such mortgage in the case of a corporation may be signed by the president, vice-president, manager, aSl3istant manager, secretary or treasurer of such corporation, or by any person duly authorized by resolution of the directors in that behalf, and if the head office of the corporation be outside of the province, then such discharge or partial discharge may be signed by any general or local manager, secretary or agent of a corporation within the province, or by any person duly authorized by the directors in that behalf, and any such certificate signed in accordanc4~ with the terms of this

section shall be a valid and effectual dis charge without the seal of the said corporation being affixed thereto." 9. By adding thereto the following new sections: "34. The Lieutenant Governor in Council shall from time to time provide the necessary books, forms and other office requisites and may alter or repeal any of the forms prescribed by this Ordinance or any of the provisions as to fees provided in

section 33 hereof or prescribe other fees or forms and shall make such rules and regUlations as are necessary to carry out the provisions of this Ordinance. "35. No irregularity or defect in the form of any of the documents or instruments required to be filed or registered under this Act nor any variance therein shall vitiate such document or instrument or affect the vl1lidity of any action or proceeding taken thereunder or by virtue of the provisions of this Ordinance unless such irregularity, defect or variance prejudice the mortgagor or any person claiming under him." 4. The Children's Protection Act of Alberta, being

chapter 12 of the Statutes of 1909, is amended as follows:

Section 2: By adding to clause (

e) at the end thereof the words" or one justice of the peace when requested by the Attorney General to act in any specified case". 5. The Co-operative Associations Act, being

chapter 12 of the Statutes of 1913 (First Session), is amended as follows:

Section 4: By substituting the word "twenty" for the word 1/ seven" in' the first line thereof and by striking out therefrom aU the words inserted therein by

section 12 of the Statutes of 1916.

chapter 3. 6.

Chapter 3 of the Statutes of 1916 is amended as follows:

Section 16: By substituting the word "first" for the word "second" in the second line thereof. 7. The Early Closing Act, being

chapter 23 of the Statutes of 1911-12, is hereby amended as follows:

Section 2: By repealing clause 1 thereof and by substituting therefor the following: "1. The expression 'shop' shall mean and include any premises or place where retail trade is caITied on. It shall also include the premises or place in which a barber or a blacksmith or other artisan carries on his trade."

Section 4: By adding thereto the following proviso: I' Provided also that in the case of blacksmith shops the hour fixed by finy such closing hy-law may be any hour of the day not earlier than 5 o'clock in the evening." 8. The Theatres Act, being

chapter 25 of the Statutes of 1911-12, is amended as follows:

Section 3: By adding thereto the following clauses: "(

d) Regulating the censoring of films and hmtern slides, and prescribing the fees to be paid th{lrefore and by whom nnd in what manner such fees, are to be paid and -collected; "(

e) Providing for public safety and comfort, both with regard to the buildings where films are exhibited and their equipment, and with regard to the keeping and storage of films; "(

f) Providing for confiscation, seizure and sale of any npparatus or properties of any film exchange, owner, user, or exhibitor, used in contravention of this Act or of the regulations made from time to time thereunder; "(

g) Providing for the enforcement of this Act and the regulations made by virtue hereof i 1/ (

h) Regulating and cont.rolling the attendance of children at any place of entertainment to which this Act refers." 9. The Women's Institute Act, being

chapter 21 of the Statutes of 1916, is amended ns follows: 1. By adding thereto at the end thereof the following forms: "FORM A. 1/ To the Minister of Agriculture, "Province of Alberta: "We, the undersigned, hereby apply to be formed into a Women's Institute under the provisions of The Women's Institute Act. lC The proposed name of the Institute is 'The ........ . Women's Institute'. "The proposed chief office of the Institute is at ___ ...... , .Alberta.

4 II And each of. the undersigned declares: "I. That she is over 16 years of age;' "2. That she is a resident of Alberta and of the com munity to be served by the Institute; II 3. That she is not a member of any other Institute formed under the said Act; "4. That she has subscribed at least 25 cents as or as part of her fust annual subscription to the fund8 of the proposed Institute. II Dated at .............. this ........ day of. ........ . 19 ..... NAME MARRIED OR SINGLE P.O. ADI>RESS ... .................................. ................ "AFFIDAVIT VERIFYING ApPLICATION.

"CANADA II Province of Alberta "I, ........................ of ....................... , in the Province of Alberta, make oath and say: "I. That I am one of the subscribers to the foregoing (or annexed) application; 1/2. I verily believe that the statements made in the said application by each of the applicants are true; Ie 3. That each of the applicants has subscribed at least 25 cents as or as part of her first annual subscription to the funds of the proposed Institute. "SWORN to before me at ........ } ~ ~~~ .~~d:~c~f ~~ .~~~~~.~, .~~i~ 19 .....

I A Commissioner (or Justice of the Peace) in and.:f(Jr the Province of Alberta. "FORM B. "CERTIFICATE OF INCORPORATION. "This is to certify that, application having been duly made for the formation of a Women's Institute wi.th chief office at ............ , and the said Institute having been declared by me to be organized, 'The ........... VVomen's Institute' is a body corporate with the objects and. powers attaching to such by virtue of The Women's I nst#ute Act, being

chapter 21 of the Statutes of Alberta, 1916. . Minister of Agriculture."

5 10.

An Act to authorize the Guarantee of Certain Securities of the Canadian Northern Railway Company, being

chapter 14 of the Statutes of 1909, as amended, is amended as follows: 1:

Section 7: By striking out the figures "1916" where they occur therein and substituting therefor the figures " 1917". 11.

An Act to authorize the Guarantee of Certain SecuriMes of the Canadian Northern Western Railway Companl/, being

chapter 19 of the Statutes of 1911-12, as amended, is amended as follows:

Section 7: By striking out the figures "1916" in the last line thereof and substituting therefor the figures "1917". 12.

An Act respecting the Guarantee of Certain Securities of the Canadian Northern Western Railway CompanZ/, being ~hapter 20 of the Statutes of 1915, as amended, is amended as follows:

Section 6: By striking out the figmes "1916" where they occur in the last line thereof and substituting therefor the figures 1/ 1917". 13.

An Act respecting the Alberta and Great Waterways Railway Company, being

chapter 6 of the Statutes of 1913 (Second Session), as amended by

chapter 3,

section 2 of the Statutes of 1916, is hereby amended as follows:

Section 5: By striking out the word II three" where it occurs in the fifth line thereof and substituting therefor the word "four". 14.

An Act to authorize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company, being

chapter 16 of the Statutes of 1911-12, as amended, is amended as follows:

Section 8: By striking out the figures 111916" where they occur jn the last line thereof and substituting therefor the figures 111917". 15.

An Act to authorize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company, being

chapter 21 of the Statutes of 1915, is amended as follows:

Section 5: By' striking out the figures 111916" where they appear in the last line thereof and substituting therefor the figures 111917". 16.

An Act to authorize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company, being

chapter 27 of the Statutes of 1914, is amended as follows:

Section 7: By striking out the figures II 1917" where they appear in the last line thereof and substituting therefor the figures 111918". 17.

An Act to authorize the Guarantee of Certain Securities of the Central Canada Railway Company, being

chapter 7 of the Statutes of 1913 (Second Session), is amended as follows:

Section 7: By striking out the figures "1916" where they occur in the last line thereof, and substituting therefor the figures "1917". 18. The Corporations Taxation Act, being

chapter 19 of the Statutes of 1907, is amended as follows:

Section 8: By striking out the words Ii on which a tax is by this Act imposed and" in the second and third lines thereof.

Section 22: By striking out the words "by 01"" whete they occur in the third line thereof. 19. An Ordinance respecting the Devolution oj Estates, being

Chapter 13 of the Ordinances of 1901, is umended as follows: 1.

Section la: By repealing the same and by substituting therefor the following: "la. Where a man after the passing of this

section dies intestate leaving a widow and only one child, whether such child was by the wife living at his death or by any former wife, one-half of the property of such intestate shaH belong to such widow and the other half to such child." 20. An Ordinance respecting Masters and Servanl!s, being

chapter 50 of The Consolidated Ordinances, 1898, is amended as follows:

Section 2: By striking out all of said

section after the word "forthwith" in the twelfth line thereof and by substituting therefor the words "the same may be levied by distress and sale of the goods and chattels of such person so engaged, bound or hired". 2. By adding thereto the following new section: "SCHEDULE OF FEES. 1/ 8. The fees set out in that portion of The Criminal Code of Canada relating to

summary convictions with the words '(one way)' stricken from the list of constables' fees shall be and constitute the fees to be taken in proceedings before justices under this Ordinance." 21. The Public Health Act, being

chapter 17 of the Statutes of 1910 (Second Session), is amended as follows:

Section 13a: By striking out the words "since the passing of this Act has been" in the fifth and sixth lines thereof and by inserting in lieu thereof the words "between the sixteenth day of December, 1910, and the sixteenth day of February, 1912, were". 22. The Mutual Fire Insurance Ordinance, being

chapter 21 of the Ordinances of the North-West Territorijes, 1903 (Second Session), is amended as follows: 1. By repealing sections 42 and 43 thereof. 2. By adding thereto the following new section: "77. Any mutual company may amalgamate its pro perty and business with those of any other mutual company. and such companies are hereby authorized to enter into all contracts and agreements necessary to such amalga mation, subject to the approval of the registrar as herein provided for. "

(2) When an agreement for such amalgamation has been entered into, the companies which are parties thereto

7 may apply by petition to the registrar to sanction and confirm. the same, which petition shall be accompanied by a fee of $10.00. "

(3) Notice of the companies' intention to apply for such sanction and confirmation shall be published in The Alberta Gazette at least thirty days before a,pplication is made. "

(4) The registrar, upon examination of such petition, may, in his discretion, either refuse his approval or grant the same, and may require such further material to be furnished as he may deem necessary. "

(5) Upon such petition being approved of by the registrar, the petitioners shall become a body corporate by and under a name approved by the registrar, and have a common seal, whereupon the companies so amalgamated shall cease to have a separate existence except insofar as may be necessary for the winding up of the businesses of such companies." 23. The Alberta Pharmaceutical Act, being

chapter 38 of the Statutes of Alberta, 1910 (Second Session), is amended as follows: 1. Clause 3 of

section 22 is amended by insertin!!, after the word "Canada" where the same occurs in 1;he fourth line thereof the words II approved by the Senate of the University of. Alberta", and by striking out all 1~he words of the said clause after the word /I Act" where the same occurs jn the sixth line thereof. . 24. The Motor Vehicles Act, being

chapter 6 of the Statutes of Alberta, 1911-12, is amended as follows: 1. By adding to

section 13 thereof the following sub section: II

(2) The headlights on all mo"tOl' vehicles shall be so arranged that no portion of the direct beam of reflected or refracted light issuing therefrom shall, when measured seventy-five feet ahead of such headlights, rise above forty-two inches from the level surface on which the vehicle stands." 2. By striking out from

section 25 thereof the word II ten" where it occurs in the fifth, line of the said section, and substituting therefor the word II six". 3. By striking out all that part of

section 35 thereof after the word II vehicle" in the fourth line of the said

section and substituting therefor the following: "unless such owner shall prove to the satisfaction of the justice of the peace or police magistrate trying the casle that at the time of the offence such motor vehicle was lIlot being driven by him, nor by any other person with his consent express or implied: II Provided that if the owner was not at the: time of the offence driving the motor vehicle he shall not in any event be liable to imprisonment." 4. By addin/! to

section 49 thereof the followill/! words: " Provided that the council of any incorpomted city may pass a by-law or by-laws re~ulatinp: motor vehicles approaching or passing street railway cars so stopped or about to stop, and upon such by-law being appJrOved by the Lieutenant Governor in Council, the provisions of this

section shall cease to apply within the limits of such city."

8 25. The Cemetery Ordinance, being:

chapter 68 of The Consolidated Ordinances of the Territories, 1898, is amended by strikin{! out the word "ten" where it occurs in the first line of

section 3 thereof and substituting therefor the word "seven". 26. The Legal Profession Act, being

chapter 20 of the Statutes of Alberta, 1907, is amended by striking out from

section 34 thereof the first seven lines of clause 1 of the said

section and substituting therefor the following;: "1. Any British subject of the full age of twenty-one years if he has enrolled as a student-at-Iaw and his name has been standing on the books of the society IlLS such, (

a) for a period of five years, or (

b) for a period of three years if at the time of the enrolment he be a gmduate in arts, law, medicine, science or literature, of some university in His Majesty's Dominions, or a graduate of the Royal Military College of Canada, or (

c) for a period of four years if he after enrolment becomes a graduate in any of the faculties above mentioned in the University of Alberta." :!7. An Ordinance respecting Limitation of Actions in Certain Cases, being

chapter 31 of The Consolidated Ordi nances of the Territories, 1898, is hereby amended by adding to

section 1 thereof the following subsection: "

(2) In all such actions grounded upon any simple contract no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract whereby· to take any case out of the operation of this

section or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party char{!eable thereby; and where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor, or adminis trator shall lose the benefit of this Act, so as to be chll,rgeable in respect or by reason only of any written acknowledg ment or promise made and signed by any other or others of them: "Provided always that nothinJ!; herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever; "Provided also that in actions to be commenced aJ1ainst two or more such joint contractors or executors or adminis trators, if it shall appear at the trial or otherwise that the plaintiff, thou!!h barred by this Act as to one or more of such joint contractors or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledg ment or otherwise, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defendant or defendants against the plaintiff." 28.

The Assignments Act, being

chapter 6 of the Statutes of Alberta, 1907, is amended by striking out all that part of

section 45 thereof between the word " assignee" in the second line and the word "for" in the sixth line, and by striking out the words It in each of the said cases" where they appear in the .sixth and seventh lines of the said section.

9 ~9. An A.ct respecting Constables, being

chapter 7 of the Statutes of Alberta, 1909, is amended as follows:

Section 1: By addin~ after the word "force" in the third line thereof the words "for thirty days only, and shall therenpon cease unless the appointment is approved by the Board of Commissioners of the Alberta Provincial Police and upon such approval the appointment shall continue" . 2. SC0tion 4:: By [tdding after the vmrd "appoint" in the s0Gond line the words" subject to the approval of the Board nf Commissioners of the Alberta Provincial Police". ~10.

An Act respecting Comrnis.~ioners to Adrm:m'sier Oaths, being ch.apter 11 of the Statutes of 1913 (Eecond Session), is amended as follows: 1.

Section [): By striking out from subsection 2 thereof the words " shall b~ styled 'commissioners for t;aking affiuftvits in and for the Supreme Court of the Province of A.lb0rta,' (or such other court 9,8 is hereinbefore referred to nn d. " . 2. By [tdding thereto after seetion 51) tr..c following section: "5c. Any person acting \Hlder the provision of seetion 1, or of

section 5b, subsection 1, j!creof, or under appoint ment. in tWCOrdD,nCf) with the pl'm-ision of

section 2 hereof, shall 1::e styled 'A Commir:::sioncl' for Oat.hs'; and any person ncting under the proY'isions of

section 5a, or of se'~tion iSb, s:.bsection 2, or lU"J.der appointment in nccord ance ;;dth t1;.o pwvision of flection 5 hereof, shall be styled 'A. Commi,;:;sionel' for O[1t:bs without Alberta'." 31. The University Act, being chnpter 7 of the Sta,tutes of Alberta, J 010 (Second Session), is hereby amended as follows:

Section 13: By striking out all the words in the said

section after the word "of" in the first line fmd by sub stitutinlJ therefor the words "five persons appointed by the Lieut.enant Governor in Council". 2. Seetion 18: By striking out the word "six" in the second line thereof and substituting therefor the word " three".

Section 19: By striking out all the words in the said

section after the word "board" in the first line thereof and substituting therefor the following: II shall hold office for two years from the date of appointment." 4. Sections 20 and 21: By repealing the same. 32. The Medical Profession Act, being

chapter 28 of the Statutes of Alberta, is amended by inserting: immediately a.fter

section 37 thereof the followinv new section: "37 a.

Every medieal practitioner redstered in the Medical Register of the United Kingdom of Great Britain and Ireland, upon proof to the satisfaction of the Registrar of the College of Physicians and Surgeons of Alberta, that he is so registered, and that he is of good character, and that he is by law entitled to practise medicine, surgery and midwifery in the United Kingdom, shall on appHcation to the said reaistrar and on payment of such fee, not ex ceeding $100.00, as shall be the fee, wbich by regulation of the council, shall from time to time be charged for registration of all persons entitled to be registered in the Province of Alberta, be entitled without examination in

10 the Province of Alberta to be relristered under the pro visions of The Medical ProfesfJion A.ct: "Provided that he proves to the satisfaction of the re~ristrar that the diplomn. 01' diplomas, in respect of which he was registered in the said Medical Register of the United Kingdom, was or were granted to him at a time when he was not domiciled in the Province of Alberta, or in the~ course of a period of not less than five years during the whole of which he resided out of the Dominion of Canada." :13. The Sale of Shares Act, beinp.:

chapter 8 of the Statutes of Alhcrta, 19Hi, i"l amended as followE: 1. By addin,g to

section 3 ,thereof the followin~ words: "nor to the snlo of railway stock, nor shull it be deemed to ha'l'-' npplied to,' nor shoII it apply to the sale of any stock t1llclel' any contract foi' the sale of stock entered into prior ttJ and ill foree at the time of the passing of this Act, provided that said contract or a certified copy thereof shall have been filed with the Board of Public Utility Commif:::;:ioners before thc first day of May, 1917." ~. By striking out the ,vords "a filing fee of five dollars" where they occur in the fifth line of

section 6 thereof, a.nd substituting tli0refor 'the followin/-!: words: "such fee as may from time to thne be prescribed by order of the Lieu tenant Governor in Council". 3. By adding to subsection 4· of

section 10 thereof the following werds: "and it muy g;rant a certificate limited to any particular- class or classes of persons." 4. By ins8Itinr.· at tl'.e bednning of subsection 2 of

section 11 thcreof h['(')re the words I{ it shall be lawful" the followinfT words: "saye as provided in thi"

section and subsection ~) hereot" 5. By adding to the said

section 11 the followiag sub sections: "

(3) Eyery company, or in case the sale is made through an ac-ent, then every such agent, shall, at the time of the sale of any shares, stock or other securities, under the pro visions of this Act, deliver to the purchaser a copy of the contract for the purchase of such shares, stock or other securities, according to a form approved of by the board, and suc:~, copy of contract shall have printed on its face, in prominent type, a notice as follows: "NOTlcE.-The attention of the public is directed to the fact that, notwithstanding the ~ranting of a certificate to any company, under The Sale of Shares Act, the Board of Public Utility Commissioners in nowise recommends the shares, stock 01' other securities of any such company as an investment to the public.

"

(4) No sale of shares, stock or other securities, under the provisions of tIns Act, shall be binding upon the pur chaser, unless the purchaser receives at the time of the sale a copy of such contract." 6. By striking out tne word II and" where it occurs after the word II misleading" in the sixteenth lilile of subsection 2 of

section 12 thereof, and substituting therefor the word II or".

Section 17 thereof is amended- (

a) By strikinr out the followinp: clause where it occur'" therein: 1/ Provided that this provision shall not apply where a company sells or attempts to sell the whole or any part of its own issue of shares, stocks, bonds or other sec uri ties. "

11 (

b) By stIikinu out the word <I prohibition" ,vhere it occurs in the third to last line thereof and substitutiD!r therefor the word <I solicitation". ::~4. A1J- Ordinance respecting Benevolent and other Som'ei1'es, bein!! chapt.er 6(j of The Consolidated OrdinancE's of 189R, is nmended as follow~:

Section 2, clause 3: By striking out the words <I N ol'th \V cst Territ.ories" where they r-.ppear therein and sub st.itutim: t.herefor t.he word "Alberta". 2. By adding the following dauses to eaid scdion 2: "

(5) Upon application to the ['aid court or a jud!l'e thereof upon such not.ice if any as may be required, any society heretofore or hereinaiter created under t,his Ordi nance may he dissolved and by the o,'der of dissolution or by any subsequent, order provision may be made for the disposition of the property of the society, and for the prot.ection of the rights of 9,ll part.ies concerned. <I

(7) Upon product.ion of any order of dissolution to the said registrar, he shall file t.he same without fee and shall note on the Qi'iginal declarat.ion upon which the judge's certificate is endorsed thnt the society is dissolved bv virtue of such order." ~ " 35. The Registered Nurses Act, being

chapter 35 of the Statutes of Alberta, 1910, is amended as follows: 1. By strildn?: out all the words in

section 3 thereof after the word "section" in the ninth line and inserting the following: "shall as to those so entitled at the time of the coming into force of this Act be $20.00 from and after the first day of JanualY, 1917." 2. By stl'iking out

section 4 thereof and substituting the following: "4. Hereafter every applicant for membership must pay a registration fee of ten dollars, and must be a umduate nurse from a general hospital giving at least two years trainimr in medical, surJIical and obstetrical work, and must pass such examination, as shall be provided for by the Honourable the Minister of Education of this province, and the said Minister Shall appoint the examiners and shall prescribe the regulations governinp.: such examination.

The examiners shall be selected from the physicians prlltctising in this province and from the members of this association: "Provided, however, that nurses in tra.ining, in tnis province at the time of the passing of this Act shall not be required to pass such examination." 36. The Public Utilities Act, beinl!

chapter 6 of the Statutes of Alberta, 1915, is amended by striking out the words "or furnishing of a water, gas, heat or lill'ht power" where they occur in the thirteenth and fourteenth lines of clause (

b) of

section 2 thereof and substituting therefor the following: "or furnishing of water, JIas, heat, light or power". 37. The Alberta Insurance Act, being

chapter 8 of the Statutes of Alberta, 1915, is amended as follows:

Section 100: By striking out of subsection 2 thereof the words "by or" where they occur in the third line thereof. 38. An Ordinance respecting Hire Receipts and Corulitional Sales of Goods, being

chapter 44 of The Consolidated

12 Ordinances of the Territories, 1898, is amended ns follows:

Section 2: By inserting after the word "bailors" in the fifteenth line of subsection 4 thereof the words "or of the assiv.nee or one of several assi~nees or of their assipns". 2. By insertinl" therein in lieu of sedion 3 which has been repealed the following new section: "3. Subject to the rights of third persons accl1.,t'd by reason of such omissions as are hereinnftel' mentioned, a jndge of the District Court of the district witHn wbich any such writing as is mentioned in

section 1 of this Act or such statement as is mentioned in subsection 4 of

section 2 of this Act is or should be registered; on being sat.isfied the omission to register within the time prescribed by this Ordinance or any omission or mis-statement in such writing or statement ,yas accidental or due to inadyertence or impossibility; in fact, may in his discretion order such omif>sion or mis-statement to be rectified in the register or may extend the time for such registration on such terms and conditions, if any, as to security, notice by advertise ment or otherwise, or as to any other matter aR be thinks fit to direct." ~. By inserting therein as

section 4 thereof th following 11m." section: 114. Should any goods or chattels subject to the pro visions of this Act be affixed to any realty, such r;oods nnd chattels shall notwithstanding remain so subject and shall not be realty, but the mvner of such realty, or any purchaser, or any mort.gagee, or other incumbrancer on such realty, shall have the right as against manufacturer, bailor, or vendor thereof, or any person claiming through or under them, to retain the said goods and chattels upon payment of the amount due and owing therein." 4. By ndding thereto the following new section; 1111.

The Lieutenant Governor in Council shall from time to time provide the necessary books, forms, and other office requisites and may alter or repeal any of the provisions of

section 10 hereof as to fees and shall make such rules and regulations as are necessary to carry out the provisions of this Ordinance." 39.

Chapter 7 of the Statutes of Alberta, 1916, being

An Act to amend The Alberta Election Act, is amended by striking out the words "Raised for service in the present war" where they occur in the third line of

section 2 thereof. 40. The Assignments Act, being

chapter 6 of the Stntutes of Alberta, 1007, is am('llded as followR: 1. By adding to

section 3 thereof the following proviso: ttprovided, however, that in case of the appointment of any company which the Lieutenant Governor in Council h9,8 applOved of under the provisions of

section 5 of The Trust Companies Ordinance, the Lieutenant Governor may by the order in council appointing; such company nn offieial assignee or by any other order in council direct that such company shall not be required to v.ive such security." 2. By addinu 9Jter the word tt assignee" in

section 4 thereof the words II required to give a bond or bonds under

section 3 hereof". 41. The Town Act, beinJ!'

chapter 2 of the Statutes of ,Alberta, 1911-12, is amended as follows:

Section 2, subsection 4: By addine- after the word H mortgagee" the word "lessee". 42. The Rural Municipality Act, being

chapter 3 of the Statutes of 1911-12, is amended as follows:

Section 2, subsectio:n. 8: By adding after the word " mortgagee" the word II lessee ". 43. The Village Act, being

chapter 5 of the Statutes of 1913, is amended as follows:

Section 2, subsectiPll 7: By adding after the word 1I mortgagee" the word II lessee " . 44. The Wild Lands Tax Act, beinjl:

chapter :3 of the Statutes of 1914, is amended as follows:

Section 43, subsection 1: By adding after the word " mortgagee" the word II lessee ". 45. The Railway Act, being

chapter 8 of 1907, is amend ed as follows:

Section 241: By adding thereto the following proviso: "Provided that in the operation of every street railway, tramway or electric railway within the limits of any muni cipality in the Province, every car in its operation shall have a conductor and a motorman." 46. The Dental Association Act, being

chapter 22 of the Statutes of Alberta, 1906, is amended as follows:

Section 16 is hereby repealed and the following

section substituted: 1116. The board shall also have the power and authority to fix and determine the annual fees to be payable by each member of the association, provided that such annual fees shall not in any case exceed the sum of $10.100. The registration fee is hereby fixed at $100, but in the case of an actual bona fide student of the University of Alberta, the registration fee is hereby fixed at $50." 2. Sections 17, 18, 19 and 20 are hereby repealed and the following is substituted in lieu of

section 20: H20. The board of directors shall have power to appoint one or more members of the association as representatives of the association upon the Dominion Dental Council, and the board shall, so long as represented on the said council, accept the certificate of qualification of the said Dominion Dental Council as a qualification sufficient without further examination for the granting to the holder thereof of a license to practise dentistry in the Province of Alberta, provided such certificate is accompanied by satis factory evidence of the good moral character of the applicant and provided that payment of the required fees has been made to the treasurer of the association. " (

a) If the certificate of the Dominion Dental Council of Canada issued to a practitioner who has procured a license under the provisions of this

section is cancelled for any cause by the said council the license of sueh. practi tioner to practise in Alberta shall be null and void and the board shall remove the name of such person from the register. "

Section 23b is hereby amended by striking out the figures H$5.00" where they appear in the second line of . ·the said

section and substituting therefor the figures "$15.00".

14 And by adding to the said

section the following proviso: /I Provided further that the said interim license shall not entitle the holder thereof to exercise the same in any city, town or village where there is at the date of the issue of such license a resident registered dentist actually prac tising his profession." Any infraction by any such licentiate of the provisions contained in the aboye

section is to be deemed as being within

section 32 of this Act and the penalties therein provided shall apply.

Section 26 is amended by adding thereto the following subsection: "

(2) It shall be unlawful for a duly licensed practitioner to employ any person who is not a holder of a license for the purpose of performing dental operations either surgical or mechanical on any patient, and where it is established that such a wrongful contract of employment has been entered into, the offending licensed practitioner shaH be liable to the Wllne penalties as if he were practising without a proper certificate."

Section 31 is amended by striking out the words "he be" in the fourth line thereof and inserting in lieu thereof t.l e words "at tlle time of rendering such services or providing Rueh ll1'"1,terials be was". G.

Section 33 is hereby repealed and the following sub stituted therefor: ":l3.

In cafe tbe b older of any license shall ha ye been cnn\'iet,('d (.of an indi\~taUe offence, or is known 01' is report':'d to bl3 guilty of or is t;llal'ged with unbecoming, improper or criminal conduct, professional or otherwise, a preliminary enquiry shall be made by a committee appointed by the board, which committee shall consist of at least three members of the association, and, if the eom mittee consider the cbarge preferred against the licensf' holder to have been proved, they shaH direct that the whole facts be submitted to one of the judges of the District Court of the District in which the accused licensee is re~idin~, and after such reference the said District Court judge shall have power to hear and determine all such charges, and for this purpose is authorized to summon witnesses and administ,er an oath or affirmation to such witnesses.

If the licensee shall be found guilty of the charge made ag:1inst him, the said judge shall have authority to order the forfeiture of his license, or may suspend the same for any period that to him may seem meet, and iIi a] things he shall make such order as to costs and other wise as to him may seem just." 47.

An Act Respecting the Transfer and Descent of Land, being

chapter 19 of the Statutes of 1906, is amended as follows: 1. By adding thereto the following section: (/15. Any soldier being in actual military service or marin er or seaman being at sea may notwithstanding he is not of the full age of twenty-one years dispose of his personal pro perty in the manner in which he might have under' the proyisions of the law of England as it stood on the fifteenth day of July, 1870. [Imp. 7 Will. IV & 1 Vict. c. 26, s. 11.]

(2) Such soldier, seaman or mariner may dispose of his real or personal property by a will signed by himself which will need not be in any particular form nor shall it require any attesting witness or witnesses.

(3) This

section shall be deemed to have been in force from and after the first day of August, 1914."

15 85. The 7'imber Areas Tax Act, being

chapter 15 of the Statutes of 1914 I1S amended is amended as follows:

Section 6: By repealing all of subsection 1 thereof after the figures $25.00 in the sixth line thereof and by substituting therefor the following: "Provided, however, that any part of a timber area which lies within the boundaries of a small local improve ment district or rural municipality shall be exempt from this tax. This provision shall apply as though in force from the first day of January, 1915."

No. 12. Inl"TH SESSION '1'HIRD LEGISLATURE 7 GEORGE V 1 91 7 BILL

An Act to a.mend The Statute Law. l'{eceived and read the First time ..... . Second time .... Third time ......... . HON. MR. CROSS. ED:MO~ryON : J'. w. JJJ;JTEBT. KINO'S PmNTEL A..D.lIl17 Title: 1917 (3rd, 5th) Bill 12,

An Act to amend the Statute Law

Document details

Collection	Alberta — Bills
Citation	L3 S5 9769
Type	bill
Volume / chapter	L3 S5 9769
Language	en
Format	json
Source	PROVINCIAL
Identifier	001a76035de1bfc57a8b4283978e2077b8b21b16

Source file is stored in the law ingest library (json).