Bill 66 (Legislature 3, Session 1)

L3 S1 10578

Alberta — Bills

BILL No. 66 of 1913 (Second Session).

An Act to Amend the Statute Law. (Assented to 1913.) HIS 1\IA.J ESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : I. This Act may be cited as "The Statute Law Amendmettt Act, 1!!13 (.<iecond 5iession)." 2. The Ordinance Respecting Water, Gas, Electric and Tele phone Companies, being

chapter 21 of the Ordinances of 1901, is amended as follows :

Section 2: By striking out the word "or" in the third line thereof, and by adding after the word "town" in said line the words ""illage or rural municipality". 2. By striking out the word "or" in the eighth line thereof and by adding after the '~'ord "town" in said line the words '' dllage or rural municipali4:y'' :J. Tlte Foreig11 Companies 0 rdi111wce, J !JO:I, being

chapter 1 + of the Ordinances of 1!)03 (First Session) is amended as follows:

Section ll : By adding thcrdo the following subsection: "(:J) :\o fot·eig·n company shall be capable of acquiring or hold ing lands or any interest therein in the prm-ince, or of registering any title thereto under The Lllll([ Titles .I ct unless duly registered under this Ordinance. ''Provided -that nothing herein contained shall affect the power of any foreign company to act a!'; trustee under any mortg~g-c or trust deed given to secure any securities guaranteed by the Prov ince, or shall ail"ect any mortgage or trust deed so given.''- 4. The Agricultural Societies Ordinance, being

chapter 17 of the Ordinances of 1 !!03, and amendments thereto, is amended as follows:

Section 6, subsection l : By striking out the word "Terri tories" in the four'th line thereof and substituting therefor the words "Province of Alberta". 2.

Section fi, subsection 5 : By striking out the word "ten" in the second line thereof and substituting therefor the word '' twenlty' '. :l.

Section 10: By striking out the word "Minister" where the same was substituted for the word "Commissioner" in the sixth line of

chapter 17 of the Ordinance of I !10:J, by

chapter 10 of the Statutes of 1913, and restoring the word "Commissioner" as in said Ordinance ; and by striking out the words '':I rl 0 rdinance res peeling Inquiries conce ming Public M alters" in the seYenth and eighth lines thereof and substituting therefor ".4 n A cf respecting Inquiries conceming Public Matters" being chapt<:~r 2 of the Statutes of Alberta, 1908. ±.

Section l(i: By striking out same and substituting therefor the following: ''The secretary and the treasurer or the secretary-treasurer of anv societv or e~hibition association, within one month after his apfJOintme-nt, shall furnish a bond for such an amount as the directors may deem sufficient, and such bond shall be renewed yearly and shall be sent to tht> Minister."

2 "

(2) No grant shall be paid to any society or exhibition asso ciation under this Ordinance unless and until the said bond has been forwarded to the Minister."

Section 27: By striking out the word "Territorial" in the seventh line thereof and substituting therefor the word ''Provincial''. H. Forms "A" and "B" in the schedule: By striking out the words "North- West Territories" or "Territories" wherever the same occur therein and substituting therefor the words "Province of Alberta". 5. The Marriage Ordinance, being

chapter 4() of The Consoli dated Ordinances is amended as follows : l.

Section 14 : By adding thereto the following proviso : "Provided that before sending any licenses to an issuer of marriage licenses the Provincial Secretary may require that the ~urn of two dollars ($2.00) be paid for each such license, and m case any such licenses have not been issued bv the issuer of marriage licenses the Provincial Secretary may ;efund the sum of two dollars ($2.00) for each such license returned to him." 6. The Ordinance respecting Auctioneers, Ha-wkers and Ped lers, being

chapter 58 of the Consolidated Ordinances and amend ments thereto, is amended as follows : l.

Section 2 : By adding thereto the following subsection : " ( 1) The person appointed by the Lieutenant Governor in Council to issue licenses shall have power to refuse any applica tion for license, returning the fee, if in his opinion the applicant is not a fit and proper person to have such license, and also to hold any application pending inquiry regarding the applicant."

Section 4: By striking out clause (

b) and substituting therefor the following : " (

b) For an auctioneer's license the sum of $25.00."

Section 8 : By repealing this section. 7. The Cemeteries Ordinance being

chapter G8 of the Con solidated Ordinances, is amended as follows :

Section 23 : By adding thereto the following subsection : "Any cemetery company which refuses or neglects to furnish graves for strangers and for the poor as mentioned in

section 1 hereof shall be guilty of an o!Ience and liable on

summary com·ic tion to a penalty ndt exceeding $50.00. 8. The Pound District Ordinance, being

chapter 79 of the Consolidated Ordinances; is amended as follows :

Section 2, subsection 5 as amended in 1913: By adding after the word "animal" in the first line thereof the words "declared to be an estray under

section 3 hereo'f". 9. The Liquor License Ordiuance, being

chapter S!J of the Consolidated Ordinances, is amended as follows : 1 .Section 2, subsection 10: By adding thereto the following: "Also any compound or preparation the dissoh·ing or mixing of which with liquids or fluids produces any intoxicating liquor."

Section 3, subsection 1 : By repealing this subsection.

Section 11, as amended by

chapter 8 of the Statutes of Alberta, 1911-12, is hereby repealed.

Section 15: By striking out all the words after the word "granted" in the fifth, sixth and seventh lines thereof and sub stituting therefor the words "one license for the first 500 popula tion· or fraction thereof; a second license for the next 500 popula tion or fraction thereof up to 1,000; a third license for a population of at least 1,750; a fourth license for a population of at least 3,000, and one license for each additional 1,000 of population thereafter".

Section 15: By adding thereto the following subsection: "(3) 'Population' as used in this section, means the bona .fide residents of the place named in the application on the date first set for the hearing of such application before the board of license commissioners.''

Section 24, subsection la: By striking out the figures ':19~3" wherever the same occur in this subsection and substltutmg

3 therefor the figures "1915"; and by striking out the figures "1910" where the same occur in the proviso to this subsection and substituting therefor the fig,ures "1915".

Section 46 is hereby repealed and the following substituted therefor: "46. Every person to whom a license to sell intoxicating liquor may hereafter be granted, shall before receiving such license pay to the Attorney General the following fees, that is to say : '' (

a) For each hotel or wholesale license in cities having a population of 10,000 or over ...... $ 800.00 " ( lJ) In other places . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00 "2. Every person who manufactures spirituous, fermented or other liquors, and to whom a license may be granted under

section K5 hereof, shall before receiving such license pay to the Attorney General yearly the following fees, that is to say : '' (

a) By any person manufacturing yearly over · 1,000,000 gallons .......................... $5,000.00 ''

h) By any person manufacturing yearly over 500,000 gallons and less than 1,000,000 gallons . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . 3,500.00 '' (

c) By any person manufacturing yearly over 250,000 gallons and less than 500,000 gallons ........ ·.· . . . . . . . . . . . . . . . . . . 2,000. oe " (

d) By any Person manufacturing yearly less than 250,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ,000. 00 "3. Every club incorporated by special Act or Ordinance, before permission to keep liauors as provided in

section 81 hereof is !{ranted, shall pay to. the Att~rney General the following fees yearly: "(

a) In cities having a population of 20,000 or over, each club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 800.00 " (

h) In cities haYing a population of not lc~~-> than 10,000 and not more than 20.0•)0, each dub . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !00.00 " {

c) In other places . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00 "4. In all cases where licenses or !Jermits are firHnted for a ·portion of the ,·ear onlv, the amount payable to the Attornp,· Gen eral shall be a.proportlonate part only ~f the amount requ•~ccl [or one year." K.

Section 50 : By adding after the word "deceased" in the second line thereof the words "or insolvent", and by addirHr after the word "transferee" in the second and third lines thereof the words "or assignee".

Section 56 : By striking out the figures "$20" in the fifth line thereof and the figures "$80" in the seventh line thereof and substituting therefor the figures "$50" in each place.

Section 64, subsection 6: By inserting after the word "held" in the second line thereof the words "in the dining room or other room where the meals are usually served''.

Section 65: By adding after the word "bar" in the seventh line thereof the word "counter".

Section 77 : By adding the following subsections: '' ( 4) Any person other than a licensee, who gives, sells or otherwise supplies intoxicating liquor to any person under the age of twenty-one years, shall incur the penalties, o'ther than forfeiture of license, provided in subsection 1 hereof, but noth;ng in this

section shall apply to the supplying of liquor to .~ ptTSor, under the age of twenty-one years by the parent, guardian or physician of such person.'' "2. Any person under the age of twenty-one years, who through misrepresentation of his or her age, procures liquor in contravention of this

section shall incur the penalties, other than forfeiture of license, provided in subsection 1 hereof."

Section 81, as amended: By striking out the words "hy <cny association, body or persons or club not incorporated by special Ordinance of the Territories or by the servant or agent thereof to the members thereof" in the fifth, sixth, seventh and eighth lines thereof. 2.

By adding immediately after the word "Ordinance" in ~he ninth line thereof, as a firsl proviso, the following : "provided that the Attorney General may on such terms as to inspection or otherwise as to him shall seem meet, grant permission to any club incorporated by special Act or Ordinance to keep liquor on its oremises for the use of the members thereof, but no such permis~ion shall be granted to a club which has not made provi· ~ion satisfactory to the Attorney General for supplying meals to or sleeping accommodation for the members thereof; and nt' such permission shall be granted to any club situate in a district in whlch the electors have declared under the local option provi· sions of this Ordinance in favour of the prohibition of intoxicat ing liquor and against the issue of licenses 'therefor.

Section 85a, subsection 4: By striking out the words in the said subsection after the word "year" in the second line thereof.

Section 98: By adding thereto the following subsection: " (II) If the liquor so seized is addressed or consigned to some perso~ outsid~ the Province of Albe~ta, the same shall be kept for a penod of thtrty ( 30) days after setzure and no prosecution shall be necessary in respect thereto, and if the owner can not prove that said liquor was not being shipped in contravention of this Ordi nance the same may be disposed of at the direction of the Attornev General. '' -

Section 128, subsection 9, as the same appears in

section 3, subsection II of The Statute Law Amendment Act of 1909: By striking out the figures "$2" in the fifth line thereof and substituting therefor the figures "$10"; and by adding to said subsection the following proviso: "Provided further that a fee of $2 shall be paid for any renewal of a bartender's license." 10. The Public Works Act, being

chapter 10 of the Statutes of Alberta, 1906, is amended as follows : l.

Section 12; By adding after the word "department" in the second last line thereof the words "or city, town, village ,.,r n1ral municipality".

Section 3-5: .By adding thereto the following subsection : "

(2) When any plan is required to be examined or approved by the Department or any of its officers, a fee of $25.00 may be charged therefor, which shall form part of the general revenue fund of the province." II. The Coroners Ac1, being

chapter 15 of the Statutes of 10. The Coroners Act, being

chapter 15 of the Statutes ot Alberta, 1 H06, is amended as follows : I.

Section 2 : By adding thereto the following subsection~ : "

(2) In cities of more than fifteen thousand inhabitants the Lieutenant Governor in Council may appoint a coroner to be called the chief coroner, whose fees, powers and duties may be defined and set forth by order in council; '' ( 3) The Lieutenant-Governor in Council may define the powers and duties of all coroners now or hereafter appointed in cities of more than fifteen thousand inhabitants." 2. By adding after

section II the following : ''II a. The evidence upon an inquest or any part of it, with the sanction of the Attorney General, may be taken in shorthand bv a stenographer appointed by him, and who before acting shall make oath that he will truly and faithfully report the evidence, and where evidence is so taken it shall not be necessary that it shall be read over to or signed by the witness, but it shall bt> sufficient if the transcript is signed by the coroner and the str!nn grapher, and is accompanied by an affidaYit of the stenographer, that it is a true report of such evidence. "2.

A stenographer may be paid for his attendance and services such fet>s as may be allowed by the A:ttorney General. "II b. A coroner may employ a person to act as interpreter at an inquest and such person may be summoned to attend the inquest. "2. An interpreter may be paid for his attendance and services such fees as may be allowed by the Attorney General. 12. The Land Titles .4ct, being

chapter 24 of the Statutes of Alberta, 1906, and amendments thereto, is amended as follows: I. Section. 26 ; By adding thereto the following new subsection· '' (

R) A certified copy of an order in council passed by the Dominion Government, or other notification that the land therein described in such order in council or notification, has been granted to the province shall have and be of the same effect as a patent issped by the C~own and shall be so treated by the registrar."

Section 117, subsection 2 : Bv repealing the same and sub stituting- therefor the following : . "2. The value of land and improvements for the purpose of this Act and of The Unearned Increment Tax Act shall be ascer tained by the oaths or affirmations of the transferror and transferee of such land or of such other person or persons on behalf of either or both of them as the registrar belie~es to be acquainted with the value of the land and whose oath or affirmation- he is willing -to accept. "3. Such oaths or affirmations mav be in form II in the

schedule to this Act, and shall be ;ecessary in all cases where any new duplicate certificate of title is required to be issued whether or not any fees are payable in respect to such land under the !Jrovisions of this

section or of The Unearned Increment Tax Act. "4. If the value of the land or of the improvements as set out in the affidavit sworn by or on behalf of the transferror and transferee respectively are not the same, or if for any other reason the valuations are unsatisfactory to the registrar he shall cause a valuation to be made by an inspector of transfers and such valuation shall be taken to be the value of such land or improvements and shall bind the parties to the transfer." 3. By adding after

section 11 i the following new

section : '' 117 a. The Lieutenant-GoYernor in Council may appoint one or ·more inspectors of transfers and it shall be the duty of '>lil'h inspectors to investigate such valuations as the registrars of land titles may require and report thereon, and to perforni Stich other duties as the Lieutenant Governor in Council may from time to time assign to them.''

Section 124: By adding thereto the following subsection: " ( 8) For ewry violation of the preceding subsection the offender shall be guilty of an offence and on

summary conviction shall be liable to a fine of not less than $50.00 and ndt more than ;~100. 00 and costs for each Jot sold under agreement for sale or otherwise.'' 5. By adding to the

Schedule hereto the following form : Canada, Province of Alberta "FORM II'

SECTION 117. "I, (name in full, no initials) of (residence}, (occupation), make oath and say: "l. I am the transferror (or transferee, or agent, of the trans ferror orjand transferee) in the within (or above) transfer men tioned and I know the land above (or within) described. "2. The improvements upon the said lands consist of the following and are of the fair value set out opposite each :- Building used as a . . . . . . . . . . . . . . . . . . . . $ .......... . Building used as a . . . . . . . . . . . . . . . . . . . . $. . . . . . .... .

Building used as a . . . . . . . . . . . . . . . . . . . . $ ........... . (setting out every building-.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of fencing . . . . . . ..... (stating length) Clearing ........................... acres ............ . Breaking . . . . . . . . . . . . . . . . . . . . . . . . . . acres ........... . Crops now upon the land . . . . . . . . . . . acres ........... .

Garden improvement . . . . . . . . . . . . . . . .......... . vVell ........... · · · · · · · · · · · · · · · · · · · · · · · · · · · · Other improvements . . . . . . . . . . . . . . . . .......... . (describing them) Total $ ........... . "3. The land alone, without improvements, is of the fair value of .............. dollars, the total value of the lands, with the improvements, being at the date hereof ............... dollars.

6 "4. I know the circumstances of the above (or within) transfer and the consideration named therein is the true consideration passing 'between the parti~s. "SWORN before me at the city of. ............. . in the Province of Alberta, this ............... . day of .................. A.D. 1913. A Commissioner, etc." 13. The Medical Profession Act, being

chapter 28 of the Statutes of Alberta, 1906, is amended as follows: I.

Section 35, subsection 3, as amended by

chapter 27 of the Statutes of Alberta, 1911-12, is hereby repealed and the following substituted therefor : '' ( 3) The subjects of all examinations under The Medical Pro fession Act and amendments thereto shall be such as shall be prescribed by the Senate of the University of Alberta." 2. By adding to

section 35 the following subsections: " ( 10) The council shall grant an interim license entitling the person named therein to practice medicine upon his producing a certificate from the registrar of the University showing that he is entitled to write upon the next examination of candidates for admission to practice, and upon his satisfying the council that he has located or will locate and practice, until having passed said examination at a place not less than 20 miles from any then licensed medical practitioner ; provided that such interi~ certificate shall only continue in force until the holding of the next ensuing examination for admission to practice, unless the same be thereafter extended by the council for a further or addi tional period not exceeding one year.

" ( 11) The council shall keep a register of all persons holding an interim license, and the council shall admit upon such register such persons upon payment by them of a registration fee of $5.00." 14. The Supreme Court Act, being

chapter 3 of the Statutes of Alberta, 1907, is amended as follows : I.

Section 29: By repealing this section. This subsection shall come into force by proclamation of the Lieutenant Governor in Council only.

Section 5, as amended by

chapter 20 of the Statutes of Alberta, 1908, and as further amended by

chapter 9 of the Statutes of 1913 (First Session), is further amended by adding after the word "and" in the second line thereof the words "not less than four nor more than''. 15. The Assignments Act, being

chapter 6 of the Statutes of Alberta, 1907, is amended as follows : I.

Section 2: By striking out the word "person" in the second line thereof, and substituting therefor the words "or more persons''.

Section 5, as amended by

chapter 4 of the Statutes of 1'JO!J: By striking out the figure {1) .in the sixth line, and by striking out all words in the said

section after the word "assignee" :n tl,e sixth line thereof.

Section 6, subsection 2, as amended by

chapter 4 of the Statutes of 1909: By repealing the same.

Section 16: By repealing this

section and substituting th••re· for the following: "16. The court may upon being satisfied that it is for the benefit of the creditors so to do, and upon such notice to the assignee as the court thinks sufficient, remove the assignee and substitute some other person resident in the province for Sttch assignee, and in case an assignee has died a new "lssignec m;;,y in like manner be appointed." 16. T11e Insanity Act, being

chapter 7 of the Statutes of Alberta, 1907, is amended as follows:

Section 16 as amended by

chapter 4 of t!1e Statutf!s •)f Alberta, 1909, and

chapter 9 of the Statutes of Alb~rta, 1!:1.1.:3: By adding the following subsections : '' ( 3} When the Attorney General is satisfied that t'tl' personal estate and the rents, profits and income of the real estate of an insane person are ·insufficient for his maintenance or that of hi~ family, or for the proper education of his children or when for any other cause it shall appear desirable so to do, upon instruc tions of 'the Attorney General, any trust company to whit-h ;:. delegation of the guardianship of the estate of an insane pe:-son has been made under this section, without applying to or peti tioning the court for a declaration of lunacy, or for an order touching the sale, mortgage or other disposition of any real estate of such insane person, shall have full power and authority to sell, mortgage, or otherwise dispose of the said real estate or any portion thereof, and to execute the necessary transfers, deeds, conveyance, agreements or mortgages, and to accept mortgages as security for 'the purchase money or any part thert>ol. without applying to or petitioning the court. '' ( 4) Such deeds, transfers, conveyances, agreements or mortgages, when the approval of the Atltorney Genera! has been endorsed thereon shall be registered by the registrar of the land registration district in which the lands therein described an siltuated.

" ( 5) In case the Attorney General does not deleg-ak thl' guardianship of the estate of an insane person, he shall have all the powers and authorities in reference to the real and persr,nal estate of an alleged lunatic as are hereby vested in <'. trust company." 17. The Local Improvement Act, being

chapter 11 f\f the Statutes of Alberta, 1907, and amendments thereto, is amended as follows:

Section 8: By striking out subsection (

a) thereof.

Section 41 : By adding after the word "ol · in the fourth line thereof the words "The Public H ealf't .4::1 and regulations made thereunder".

Section 80: By striking out the words "one and one-quarter" in the first and second lines thereof and substituting therefor the words "three and one-eighth". 18. The Vital Statistics Act, being

chapter 13· of the Statute<> of Alberta, 190.7, is amended as foJlows:

Section 2, subsection 1 : By repealing the same and substi tuting therefor the following : "1. The expression 'Minister' means the Minister of Agriculture."

Section 2, subsection 2: By repealing the same and substi- tuting therefor the following : ' "2. The expression 'Department' means the Departmenl o1 Agriculture."

Section 3 : By repealing same and substituting therefor the following: "3. The Minister shall be Regis'trar General and sh:tll hP charged with the administration of this Act."

Section 4: By adding after the word "appoint'' in the fir,-,t line thereof the words "a Deputy Registrar General and". 19. The Noxious Weeds Act, being

chapter 15 of the Statutes of Alberta, 1907, and amendments thereto, is further amended as follows:

Section 2, subsection 6, as amended in 1911-12: By striking out the word "or" in the second and third lines thereof, and by adding after the word "village" in the said second and third lines thereof the words "or rural municipality".

8 2.

Section · 5: · By inserting· after the word . "liable" m the fourth line thereof the words "on

summary conviction". 20. The Educational Tax Act/ being

chapter 18 of the Statutes of Alberta, 1907, as amended by

chapter '18 of the Statutes of 1911-12, is amended as follows.:

Section 4 ~ By adding thereto the following proviso : · "Provided, however, that where the lands are situated in a rural municipality the assessment shall be made by the secretary treasurer of the rural municipality, and the taxes levied shall be payable to and collected by him, and all 'taxes collec~ed· in any calendar year shall be paid to the Provincial Treasurer not latt;r than the 5th day of January of the year following, and such secretary-treasurer shall be entitled to retain as rl personal remun eration for his services two and e-ne-half per cent. of all amount~ actually collected by him under thi., Art .. , 21. The WMkmen's Compensation Act, being

chapter 12 of the Statutes of Alberta, 1908, is amended as follows: 1. First schedule,

section 1, clause (b) ; By striking- out thf' words "after the second week" where they appear in the third line thereof. 22. The Sheriffs Act, being

chapter 11 of the Statutes of Alber'l:a, 1909, is amended as follows :

Section 36: By striking out of the first line of subsection 2 thereof the words "execution books for J.!u·Jtls and lanrts respcc ttively" and substituting the:cfor the "ords "an execution book". 23.

Chapter 14 of the Statutes of Alberta, 1909, being

an Act ~uthorizing the Guarantee of certain Securities of The Canadinn Northern Railway Company, is amended as follows:

Section 7, as amended by

chapter 4 of the Statute~ of l!H 1-12, and as further amended by

chapter 9 of the Statutes of 1.913, is hereby further amended by striking out the figures "1913" where the same appear ani! substituting therefor the figurr<s ·" l !H4'·'. 24. The University Act, being

chapter 7 of the Statutes of Alberta, 1910, is amended as follows: 1. By adding after

section 89 the following new

section : "89a.

It shall be the duty of every public officer having in charge the body of any deceased person that would require to be buried at the public expense, and also of every hospital, every penal or corrective institution and every eleemosynary or public ins.titution supported by or receiving financial aid from the prov ince, upon demand to hand over to the University or to sueh officers as it may appoint for such purposes the bodies of deceao;eo inmates of such institutions not claimed by the immediate reh tives or legal representatives of the deceased, and the University shall keep a careful record of each such body so received by it and shall be at liberty to use such bodies for anatomical purpos"S and for scientific instruction and research." 25.

The Motor Vehicle Act, being

chapter 6 of the Statutes of Alberta, 1911-12, and amendments thereto, is amended as follows:

Section 4: By repealing the same and substituting therefor the following : "4. The fee to be paid on the filing of such statement shall he as follows: "$ 5.00 "$10.00 1 '$20.00 in the case of a motor-cycle ; in t.he case of a motor vehicle having a rating of thirty horse-power or less ; in the case of a motor vehicle having a rating ~f more than thirty horse-power and n•1t mor:c than forty horse-power ; and

9 "$30.00 in the case of a motor vehicle having a rating of more than forty horse-power ; "and upon the filing of such statement as aforesaid and payment of the proper fee, the said Provincial Secretary shall register such motor vehicle in a book or index to be kept for that purpose and assign to it a distinctive number: "Provided that if such statement is filed after the first dav of October in any year the fee payable therefor shall be one-haif the amounts mentioned in this section."

Section 9: By adding after the word "the" where it first appears in the eighth line thereof the words "old or the" and by adding to the said

section the following · "and any owner neglecting to notify the Provincial Secretary in case of sale as herein provided shall be guilty of an offence against this Act."

Section 10 : By adding thereto the following subsection : "3. Except in the case of a re-issue under

section 9 hereof a number plate shall not be used or exposed to view on any motor vehicle other than the one for which it was originally issued or by any person other than 'the owner to whom the same was originally issued.'' t.

Section 14: By repealing same and substituting therefor tlw following: "14. The Lieutenant Governor in Council may make regula tions governing the registration and operation of motor vehicles owned or kept by manufacturers or dealers, and not kept by them for private use or hire."

Section 3G, subsection 1 : By adding after the word "Act" in the second line thereof the words "or of any regulations made thereunder". 2. By striking out the words "not more than" in the first line trereof. li. By inserting after

section 36 the following new

section : "36a. Any person violating any of the provisions of sections Hl, 20 or 4~) hereof, shall on

summary conviction be liable: "

(1) For a first offence to a penalty of $50.00 and costs; "

(2) For a second offence to a penalty of $100.00 and costs or one week's imprisonment, or both; and For a third· or subseauent offence to ·l penalty of l!i200.00 and costs, and to i~prisonment for ~ term of not less than one week nor more than one month ; and the licenst" of such person shall. ipso facto become forfeited, can celled and void.'' 7. By adding after

section 38 the following : "38a. \Vhen proof of ownership of any motor vehicle or of the susoension or revocation of any license under this Act is required, the production of a certificate purporting to be under the hand of the Provincial Secretary or his deputy to the effect that the nerson named therein is the registered owner of such motor vehicle, or that the license of the person named therein has been suspended or revoked, as the case may be, shall be prima facie evidence thereof without proof of signature or official eharacter. ''

Section 4± is hereby repealed and the following substituted therefor: "44. A moiety of all fines and penalties imposed by this Act shall enure to the benefit of the municipalities within which con victions shall be· made in all cases in wl"ch prosecutions have been instituted bv or under municipal authority or by officers appointed by the,.;., and the other moiety thP!"(;Of shall belong to the province and form part of the genera! revenue fund thereof. " ( 2) In all other cases such fines and penalties shall enure to the benefit of the province and shall form part of the general revenue fund thereof.

10 " ( 3) All such fines shall be transmitted and forwarded by the convicting justice or justices of the peace to the Provincial Treasurer forthwith after conviction." !l.

Section 49: By striking out in the third and fourth lines thereof the words "slow down and if necessary he shall". 26. The Early Closing Act, being

chapter 23 of the Statutes of Alberta, 1911-12, is amended as follows: l.

Section 12 : By striking out the words "prior to" in th~ last line of the proviso and substituting therefor the word "at". 27.

An Act to Incorporate the Bassano Electric Railway, being

chapter 38 of the Statutes of Alberta, 1911-12, is amended as follows: 1. Title : By striking out the words "Electric Railway" and substituting therefor the words "and Bow Valley Railway Company''.

Section 1: By striking out the word "Electric" in the sixth line thereof and substituting therefor the words "and Bow Valley".

Section 4: By striking out the word "electric" in the second line thereof and by adding the words "any motive power other than steam" after the word "railway" in same line. 28. The Direct Legislation Act, being

chapter 3 of the Statutes of Alberta, 1913 (First Session), is amended as follows:

Section 4 : By striking out in the fourteenth and fifteen I h lines thereof the words ''shall be in form A in the sch~dule hereto or to the like effect".

Section 8 : By inserting after the word "writ" in the fifth line thereof, the words "shall be in form A in the

schedule hen•to or to the like effect and". I

Section 15:, By striking out the words "Shewn in

schedule B" in the first line thereof, and substituting therefor the words "in form B in the schedule".

Section 22: By adding after the sign "$" in the sixth 'line the figures "I 00' '. 29. The Alberta Insurance Act, being

chapter 16 of the Statutes of Alberta, 1913 (First Session), is amended as follows: 1. By adding immediately -after

section 41 the following: "41a. No foreign company shall issue any policy unless the 8ame is signed or countersigned by a resident of the city, town or village in which the property upon which the insuranca is placed is situate or is adjacent thereto; but the name of such resident as agent of the company must have been previously filed in accordance with the requirements of the next preceding section: ''

(2) The treasurer or the superintendent of insurance may at any time require any person, partnership, company or corporation to forthwith file with the treasurer a return showing the number of any and all policies, the name of the insuring company in each case, and the amount of insurance carried on any property in the province by such person, partnership, company or corporation; such person, partnership, company or corporation, shall at any time upon ·the written request of the treasurer or superintendent produce to any officer named in such written request all current policies of insurance on any property in this province issued in favour of such person, partnership, company or corporation, and said officer is hereby authorized and empowered to examine under oath any person or persons touching the correctness of any such report so filed, and shall have the power to compel the production of all books and documents bearing upon the question of the correctness of said return.

Any person violating any of the provisions of subsection (2) hereof shall be liable upon

summary conviction to a penalty of not less than $50 nor more than $500."

Section 58: By adding thereto the following additional proviso: " Provided that the Lieutenant Governor in Council may prescribe fees that shall be payable by fraternal or friendly societies in substitution for those set out in this section." 3. By adding immediately after

section 88 the following: "38a. Any and every person, partnership, company or cor poration insuring in any unlicensed or unregistered company, upon the written request of the treasurer or the superintendent of insurance, shall forthwith file with the treasurer a return showing the number of any and all policies, the name of the insuring company in each case; and the amount of insurance carried on any property in the province by such person, partner ship, company or corporation, whether insuring or being insured in any unlicensed or unregistered company, shall for each and every offence be liable on

summary conviction to a fine of not less than $100.00 or more than $1,000.00."

No.66 FlRSrr SESSION THIBD LEGISJJATURE 4 GEORGE V 1913 (SECOND SESSION) BILL

An Act to Amend the Statute Law. Received and read the Jl'irst time . . . . . . . . . . . . . . . . . . S-econd time ............... . Third time ................ . EDMONTON: J. W. JEP'J'ERT, Government Printer A.D. 1913 Title: 1913 (3rd, 1st) Bill 66,

An Act to Amend the Statute Law

Document details

Collection	Alberta — Bills
Citation	L3 S1 10578
Type	bill
Volume / chapter	L3 S1 10578
Language	en
Format	json
Source	PROVINCIAL
Identifier	4300c84223a33e118e04cc189520aaacf1da33a5

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