Bill 68 (Legislature 2, Session 4)

L2 S4 10673

Alberta — Bills

BlLL No.6$ of 1913.

An Act to Consolidate and !mend the Edmonton Charter. (Asbented to 1913.) ~EREAS a petition ha£ been presented by the City Prear)tble of Edmonton praying for the consolidation of The Edmonton Charter with the amendments thereto and for the inclusion therein of the rther amendments hereinafter contained; And

whereas it is reasona~le that the prayer of the said petition should be granted; Therefore His Majesty, ~y and with the advice and consent' of the Legislative !Assembly of the Province of Alberta, enacts as follows: PA)lT I. PRELJjMINARY. 1. This Act may be cited las "The Edmonton Charter." Shortf~itle 2. This Act shall come i*to operation on the first day ~~~ti~rAct of , 1913. 3. In this Act the words~ Inte .... r,etation (1) "City" or "municipal ty" means the City of Edmon- City .1. .

Jo.f umF1pahty ton, as hereby incorporated. (2) "Council" and "co issioners" means the muni- 8~:::'~~monera cipal council and the commi sioners respectively of the said city; (3) "Elector" or "voter r. means a person entitled to ~~t~~r vote at municipal and scho 1 elections in the said city; (4) "Burgess" means an elector who is such in respectBurgt•" of freehold property; (5) "Owner" includes at person who has any right, Own<lr title or estate whatever or i terest in land in the city other than that of a mere occup nt; (6) "Occupier" or "occ ant" means any person who occuj>il!r occupies any land in the city under any title whatso- Occufant ever; (7) "Resident" means person having his fixed or Res~· eut permanent residence within he city; (8) "Person" includes a corporation or partnership; Pers n (9) "Assessor," "city c rk," "treasurer" means theAss r persons who for the time b ing hold or occupy the offices ¥~~v u~~~k of assessor, city clerk, and treasurer, as the case may be, of the City of Edmonton; (10) "Specialfranchise" all mean every right, authority ~P•t1 or permission, whether excl sive or otherwise, to construct, ran 'se maintain or operate within the city, in, under, above, on, or through any highway, r ad; street, lane, square, public

place or public water unde the jurisdiction of the city, any poles, wires, rails, trac s, pipes, conduits, buildings, erections, structures or oth r things for the purpose of bridges, railways, tramwa s or for the purpose of conducting steam, heat, wate , gas, natural gas, oil, electri city or any property, substan e or product capable of being transported, transmitted or conveyed for the supply of water, heat, power, transpor ation, telegraphic, telephonic or other service; (11) "Judge" means a jucllge of the Supreme Court of ~udge the Province of Alberta; and I "court" or "supreme court" s~;;!qe Court means the said court; (12) "Land" includes la s, tenements and heredita- Land ments and any estate or inter st therein or right or easement affecting the same, and also i cludes- (

a) Land covered with ater, and water thereon; (

b) Trees, bushes, unde ood, brush, and other natural products growing pon land, and also crops, sown or planted the on; (

c) Mines, minerals, ga , oil, salt, gravel, quarries, and fossils in and un er land; and (

d) In case of special fra chises, but in no other cases, machinery, fixtures buildings, structures, and other things existi g, erected or placed upon, in, over, under or a xed to land, or any highway, road, street, lane, sq are or public place or water, but not the rolling tock of any railway or street railway. (13) "Referred by-law" m~ans a by-law referred to thel;;!~~r;.P. vote of the burgesses and ass(jnted to by them, as provided by this Act. (14) "Revised assessment roll" means the assessment!,;;~::tnt roll roll of the city as finally adop ed by the council. (15) "Revised voters' list" means the voters' list of the ~;;j;d1 st city or of any ward thereof as finally revised by the council.

(16) Wherever the word " erein" is used in any

section Herein of this Act, it shall be unde stood to relate to the whole A?t, and 1_1ot to that

section ly, unless the context other wise req mres. 4. Where anything is req[red to be done on a day ~r0~~t~tion which falls on any holiday, sue thing may be done on the next day which is not a holiday; but nothing in this

section contained shall extend or ap ly to the days fixed by this Act for the nomination or e ection of candidates for the offices of mayor or aldermen. 5. Where in this Act a c tain day is fixed on or by ~tii~~i4n which certain things are to b done or proceedings taken, if it appears that such date as fixed having regard to an earlier date fixed, on or by ich certain other things are to be done or proceedings aken, then notwithstanding anything herein contained, if default be made in respect of the earlier date, a like del y shall be allowed in respect of the later date. 6.

Where forms are in thi1 Act prescribed, deviations Forms therefrom not affecting the ubstance nor calculated to mislead, shall not vitiate the same, and forms to the like effect and in substantial co pliance with the provisions of this Act shall suffice.

3 7. Where power to mak! by-laws, regulations, rules orP1olrto orders is conferred, it sha , subject to the provisions of:.!" ~:r

section 243 hereof, includ the power to alter or revoke by-l 'n eto. the same from time to ti e and make others, excepting where by-laws are made fo the purpose of raising money, levying assessments or stri ing rates. PA!RT II. INCORPORATION~ BOUNDARIES, ETC, 8. The inhabitants of tlje locality described as follows, In~:-"oratio• that is to say: b~~aanes Commencing at the nort -east corner of

section twenty three in township fifty-thr e in range twenty-four west of the fourth meridian; thence west along the north boundaries of sections twenty-two, t enty-one, twenty and nineteen in said township and ran e and of sections twenty-four and twenty-three in towns ip fifty-three in range twenty five west of the fourth me idian to the north-west corner of said

section twenty-thr ; thence south along the west boundaries of the east h lves of sections twenty-three, fourteen, eleven and two in township fifty-three, range twenty-five, west of the f urth meridian and of sections thirty-five, twenty-six and twenty-three in township fifty two in said range twenty- ve, to the centre of the North Saskatchewan River; the e following the sinuosities of the centre line of the said r' er up stream to its intersection with the south boundary o

section fourteen in said town ship fifty-two in range enty-five; thence east along the south boundaries of ections fourteen and thirteen in said towm;hip fifty-two i range twenty-five, and sections eighteen, seventeen, sixtee and. fifteen in township fifty two in range twenty-four, o the north-east corner of said

section fifteen; thence no th along the east boundaries of sections fifteen, twenty two, twenty-seven and thirty four in township fifty-two i range twenty-four, and of river lot twenty-nine in the· dmonton Settlement and the production thereof to the c ntre of the North Saskatchewan River; thence following t sinuosities of the centre line of the said river down str ,am to its intersection with the east boundary of river lot t irty-four in the said Edmonton Settlement, produced sout ; thence north along said pro duction and the east bou daries of said river lot thirty four and sections fourtee and twenty-three in township fifty-three in range twenty four to the point of commence ment; but excepting and e eluding fron the locality above. described the Village of C lder; and such persons as shal hereafter become inhabitants-. of the said locality, are he eby declared to be a municipal corporation and body cor orate under the name of "The City of Edmonton," with ull power to acquire, hold and alienate both real and pe sonal estate for all muncipal purposes, and by the same name they and their successors. shall have perpetual succ sian, and shall have power to· sue and be liable to be s ed, implead and be impleaded,. answer and be answered un o in all courts and in all actions~ causes and suits at law an in equity whatsoever; and they shall have a common seal, ith power to alter and modify the same at pleasure; and they shall be in law capable of

4 receiving by donation, ~quiring, holding, disposing of and conveying any prope y, real or personal, for the use of the city, and of beco "ng parties to any contracts or agreements in the manag ment of the affairs of the city. 9. The powers of the said corporation shall be vested in ~;,;:;~~ti~n and be exercised by the c uncil of the city, subject to the;*~1 in provisions hereinafter con ained as to commissioners. 10. Upon the coming i o force of this Act, the several R:.'f.~nl or Ordinances, Statutes and nactments specified in

schedule §~t:.'t~: A to this Act shall be and re hereby repealed to the extents set forth in the third co umn of that schedule; and all other Acts and Ordinan es inconsistent with this Act, in so far as they relate to the City of Edmonton, shall no longer apply to the said cit ; and where any matter or thing is provided for by this ct, the provisions of any other Act or Ordinance in rela ion thereto shall be deemed to be superseded so far as th y relate to the said city: Provided, however, tha such repeal shall not be con strued as depriving the ci y of any of its real or personal property or any part the eo£, or as in any way affecting its existing rights therein r thereto, nor shall such repeal be deemed in any way to affect, modify or abrogate any by-laws, contracts, rights r property, or other rights and liabilities of, affecting or elating to the city now existing and in force, all of which are hereby saved and reserved entire unless otherwise p ovided in this Act; and until altered under the authori y of this Act all by-laws now existing and in force in t e city shall continue in opera tion: Provided further that nothing herein contained shall affect the legality of any works undertaken or any pro ceedings begun, had or t en under the authority of and pursuant to any of the enactments and others hereby repealed, but such works and proceedings may be con tinued and concluded u der the authority of this Act notwithstanding such repe 1. 11.

Wherever two-third of the adult inhabitants who ~tnf~~~~~~!'" are householders of and i any territory adjacent to the ~~~~;i~~:ts city desire annexation t ereto, and present a petition to that effect to the cou cil, and if the council agrees to such annexation or any pa t thereof, the Lieutenant Gover- nor in Council may by p clamation annex the said terri- tory, or part thereof, to a d make it part of the city, from and after such date and on such terms and conditions as the Lieutenant Gover or in council may provide; but no such annexation shall made under this

section except on condition that an area of at least five per cent. of the territory proposed to be nnexed shall be contributed or allotted by the owners o the lands in such territory or by some of them to the ci y, to be used as public parks or open spaces or for such o er civic purposes as the council may deem most expedient and in the event of such owners failing to agree as to the ar a so to be contributed or allotted, the city may purchase su area from any part of the said territory, or may expro riate the same in accordance with the provisions of par X of this Act, and may charge and assess the price or compensation payable therefor against the whole of the wners of lands, in the said ter- ritory rateably in propo tion to their several interests

5 as appearing from the next *suing assessment roll, and may collect the seve~al amou ts so charged and ass~~sed in the same manner m all res ects as the other mumc1pal taxes. 12. The Lieutenant Gover or in Council may upon ~t~":t!~~~· the petition of the council of t city and after such inquiry of counci~ as he may think fit, annex to and include within the city any territory adjacent theret which from the proximity of streets or buildings or from the probable future exigen- cies of the city it may be deem d advisable to annex thereto or to include therein.

Such nexation shall take effect on such date and on such t rms and conditions as the Lieutenant Governor in Cou cil may by proclamation provide. Power to [ 13.

The council, subJ' ect to t e provisions of the Edmon- divine intp . . ~~· ton-Strathcona Amalgamatw Act, may at any time and from time to time by a r ferred by-law, provide that the city shall he divided into ards, and that of the alder men to be elected,· a number not exceeding six shall be elected from each ward, and shall pr vide for the retirement of one or more at the expiration o one year and the remainder at the expiration of two years· or for the retirement of all either at the expiration of one ear or two years; provided that the number of wards a the number of aldermen to be elected from each ward hall be such that the total number of aldermen to be elect d shall be an even number.

Such by-law shall take effect s as to be applicable to the then next ensuing election, an the aldermen then in office shall hold office only until the ew council so elected meets as hereinafter provided, not ithstanding that the term of office for which they were el cted shall not have elapsed.

PART IIII. GovERNMENT or THE CITY. CITY COltNCIL. 14 The council of the city~hall. consist of the mayor Constit~titn • ' uf the City who shall be at the head there ' and of such even number council of aldermen, not less than t , nor more than twenty, as the council by by-law shall eterrnine. 15.

The council shall be de rned and considered to be ~oonuti~~;~.J always continuing notwithsta ding any annual or other body ~I election of the members comp sing it; and after any such election and the organization f the council for the next year, it may take up and carr on to completion all pro ceedings commenced but not c mpleted by the last year's council. Upon the coming int force of this Act the exist- ing mayor and aldermen shall continue to hold office for the full terms for which they ha e been elected respectively, as if this Act had not been pass d. 16.

The mayor shall be ele~ted annually by a general Mayor vote of the electors of the city in the manner hereinafter provided. He shall hold offi e for one year, being the calendar year then next follow ng the year in which the election is held, but he may b re-elected.

6 17. The portion of the city south of the Saskatchewan~•P'i:i""~~·ioo River shall be represented in he council by such number s%utl. ~t~~~er of aldermen, elected by the otes of the electors of the whole city as herein defined, as shall bear to the total number of aldermen composin the council the proportion which the population of the ortion of the city south of the Saskatchewan River bear to the population of the whole city, but in any event y not less than three alder- men exclusive of the mayor. 18.

For the purpose of ascer aining the number of repre- !.':.~~:\o ~"' sentatives to which the porti n of the city south of the taken Saskatchewan River is entitle , a census shall be taken once in each year. In comput g the number of aldermen, any fraction less than one-half hall be disregarded, and any fraction equal to or exceeding one-half shall be considered a whole unit. 19.

At each annual election of aldermen there shall be ~~;;~~n <f · first declared elected the prop r number of candidates to which the portion of the city south of the Saskatchewan River is entitled, under the t rms hereof who reside and have more than one-half in as essed value of the property for which they are assessed i the City of Edmonton in that portion of the city south of the Saskatchewan River, who receive the highest numb r of votes; and there shall be declared elected a sufficien number of the remainder of the candidates having the ighest number of votes to make up the number requir d to complete the council irrespective of their places of r sidence and of the situation of the property for which the are assessed. 20 S b • t h • . f h hr • d' t 1 Rotation A • U JeC to t e prOVlSIO 0 t e t ee Imme Ia e y of alderm1n preceding sections, there shall b an annual election of alder- men, in manner hereinafter pr vided, one-half the number of aldermen retiring each ye r and others being elected in their place, but with right o re-election of all or any of the retiring aldermen.

A the next ensuing election after the passing of this Act, f the aldermen representing that portion of the city south of the Saskatchewan River, two shall retire, and of the o hers three shall retire; and in like manner at the election o be held in the year 1914, of the aldermen representing t at portion of the city south of the said river one shall retir and of the others four shall retire, and so on in alternate ears thereafter. The term for which an alderman shall b elected shall be in all cases two years, being the two calen ar years next following the year in which the election is eld. 21.

No person shall be eli 'ble for election as mayor, Persons ld l h . l b t li d eligible or a erman, un ess e IS a atura - orn or na ura ze for electi,~ subject of His Majesty, is a m le of the full age of twenty- to counClll one years, is able to read and write the English language, is not subject to any disqua ification under this Act, is resident within the city, and is t the time of the nomination owner of free-hold estate wit in the city of the value of $500 over and above charge , liens and encumbrances affecting the same, and has h s name on the last revised assessment roll. d . h f t1ons 22.

No judge of any court olcivil jurisdiction, no sheriff, J?isquruifi~•- no eputy sheriff, no gaoler, or keeper or any ouse o correction, no constable, asse or, auditor or other paid

7 official of the city, no b iliff, no inspector of licenses, no person having by hims f or his partner an interest in any contract with or on beh lf of the city or being indebted to the city, no surety for an officer or employee of the city and no person who has bee convicted of treason or felony, or who is at the time of th nomination, bankrupt or insol vent within the meaning any insolvency Act, in force in the province, shall be q alified to be a member of the council.

(2) No person shall be isqualified from being elected a member of the council by reason of his having a contract for the publication of any advertisement for the city in any public newspaper, or y reason of his being a share holder- in any incorporate company having dealings or contracts with the city, or b his having a lease of any pro perty from the city; but o such leaseholder shall vote in the council on any quest n affecting any lease from the city, and no such shareho der on any question affecting such company. 23.

It shall not be compdtent for the council to appoint ~:)!~~s or any member of the council Ito any office or place of profit in their gift or disposal VAC~NCIES. 24:. The mayor or any lderman may resign his seat ~~1~~~~i in the council at any time y giving written notice to the city clerk, who shall bring the same to the notice of the council at its next meeting, and the said resignation shall take effect, and the seat all become vacant upon the receipt of the said notice b the city clerk. 25.

If after the election f any person as a member of !f~~iure the council he is convicted f felony or becomes insolvent within the meaning of any in olvency Act in force in Alberta, or assigns his property for he benefit of his creditors, or absents himself from the m etings of the council for three consecutive months witho t being authorized so to do by a resolution of the cou cil entered upon its minutes, his seat in the council shall ipso .facto become vacant, and the council shall forthwith eclare the seat vacant. 26.

In the event of a m mber of the council forfeiting ~~~~l~~ his seat at the council or is right thereto as before pro- vided, or of his becoming isqualified to hold his seat or of his seat becoming vaca by qisqualification or other- wise, he shall forthwith res gn his seat, and in the event of his refusing or omitting do so within ten days there- after, proceedings may be aken to unseat him as here- inafter provided. 27.

If a seat in the cou cil becomes vacant by death, ~:~~.fie• resignation or otherwise, a election to fill the vacancy how 'if,;; sued: shall forthwith be held in t manner as nearly as may be as other elections under th s Act, and if the seat in the council of the mayor or an a derman whose term would not otherwise have expired at t end of the then current year become vacant after the first day of November in any year, then such vacancy may be fi led by the election of a mayor or an extra alderman at the next general election, and the person obtaining the next ighest number of votes after the regular number of aide men or mayor and aldermen

8 as the case may be, hav been elected, shall be the person to fill such vacancy, an in such cases every elector shall be entitled to vote for on extra candidate for each vacancy to be filled, and in case o more candidates are nominated than the number requir d to be elected, the candidate last nominated shall be eemed to be elected to fill such vacancy. MEETIN~S OF COUNCIL. 28.

The first meeting ~f the council in each year shall ryrst m•eting be held on the first Mon ay in January, except when that day is a public holiday, in which case the meeting shall take. place on the next su sequent day which is not a public holiday; and the council of the previous year shall hold office until the new coun ·1 meets. . .1 S~bsequent 29. The regular subaquent meetmgs of the counc1 ")eetings shall be held on such day as the council may fix and deter- mine, whether by by-la or otherwise. 30.

The council shall old its ordinary meetings openly, ~~~!i~~~n and no person shall be exc uded except for improper conduct, but the mayor or other person presiding at any meeting may cause to be expelled nd excluded any person who has been guilty of improper c nduct at such meeting; provided, however, that the counc· may, before entering on the dis cussion of any business which they are of the opinion should in the public in ezest be considered in private, resolve that the public be excluded, and the mayor or other person presiding at the meeting may thereupon direct such exclusion. 31.

A majority of the Jwhole council shall be necessary ~orum to form a ,quorum. I MAYOR. 32.

The mayor shall b the chief executive officer of the*~~; of city, and it shall be his uty to be vigilant and active in ·' causing the laws governi g the city to be duly executed, to inspect the conduct of all civic officers, and so far as in his power to cause all egligence, carelessness and vio lation of duty to be duly prosecuted and punished, and to communicate from time to time to the council all such information, and to reco mend such measures as may tend to the betterment of the nances, health, security, cleanli- ness, comfort, ornament nd prosperity of the city. 33.

The mayor may at any time and from time to time ~C;'oi~:o by writing under his han appoint and engage one or more ·t~cia1b 1 special constables within t e city for such time not exceeding C DB a es fifteen days as shall be ated in the appointment. Such special constable shall fo the time being form a part of the police force of the ci y. 34.

The mayor may su pend any municipal officer, other ~k"·er j 0 than a commissioner of he city, and he shall thereupon~~~~~' report such suspension an the reasons therefor to the council who may either dismiss o reinstate the suspended officer; and in case he is dismis ed, such officer shall receive no salary or remuneration f om the date of such suspension, unless the council by res lution otherwise determine.

35. The mayor shall presid~ at all meetings of the couneil.

Tto pre~idle He shall preserve order and e:ftforce the rules of the council. a mee mgs Th 'l , fi , d thr Deput,j m•yor 36. e counCI may at Its rst meetmg an every ee 'I months thereafter from am ngst its members appoint a deputy mayor, who shall old office for three months and until his successor is ap ointed, and who in case the mayor through illness, absenc , or any other cause is unable to perform the duties of his office, or in case his office is vacant, shall have all the p ers of the mayor, and shall discharge hi::; duties during s ch inability or vacancy. 37.

If the person who oug~t to preside at any meetingChairmrr' of the council does not atten within fifteen minutes after the hour appointed for the eeting, the members of the council who are present may ppoint a chairman, who shall during the meeting have the same authority as the absent person would have had. 38.

The mayor or other o~cer presiding at· any meeting Vote of the council may vote wi h the other members on all questions except where he is isqualified to vote by reason of int,erest or otherwise, and (save as otherwise provided herein) any question upon hich there is an equality of votes shall be deemed to be egatived. 39.

The mayor may call s~cial .meetings of the council~.,';,~~~~ whenever he deems it expedi nt, and shall do so whenever requested in writing so to do by a majority of the council, and all members of the cou cil shall be duly notified of the meeting at least twenty four hours prior thereto and (in general terms) of the bus· ess to be transacted thereat. 40.

If so requested at an[timc by the written petition!',~~:\~,+ of thirty electors, the may shall, by a printed public notice conspicuously posted the city hall and in at least ten public places in the city, call a public meeting of the electors for the discussion o the municipal affairs of the city or of any matters relating hereto. COMMIS&IONERS. Power~nd 41. Subject to the legislati e jurisdiction of the council duti"" .. as set forth in

part V of this Act, there shall be vested in comm' wner• commissioners to be appoint d as herein provided, and to be called "The Commissione s of the City of Edmonton," a general executive jurisdicti n over the affairs of the city, including the care, managem ,nt and control of the police force, fire brigade and other ublic services, and the public works and utilities of the cit , and of all property, works, improvements, roads, streets and public places owned or controlled by the city or over hich its jurisdiction extends, and such other powers and uties as may be delegated to them by the council.

In so far as the jurisdiction of the commissioners extend, the xecutive jurisdiction of the council shall be excluded.

(2) Nothing herein contain d shall be construed to divest the council of its authority w th reference to the providing 0£ moneys required in respe t of any matters under the jurisdiction and control of th commissioners, and the city treasurer shall upon the wr tten certificate of any com missioner or commissioners ay out any moneys so pro vided.

10 42. The council may by by law, carried by a vote of Council m4y not less than two-thirds of all e members of the council, ~~~:; o.r .J at any time assume any of th powers, duties, or works comm••••o.,e~:s vested in the commissioners y the preceding section, and in such case all the rights, owers, authorities, immun- ities, duties and liabilities the belonging to the commis- sioners in respect of the matter RO assumed shall be trans- ferred to and he vested in the c uncil. 43.

In addition to the mayo , who shall be ex officio a ~ti'J'~~';.~n;~n,, commissioner, there shall be ne or more commissioners or office appointed by the council. N person shall be appointed a commissioner except by a v te of not less than three- fourths of all the members of th council, and the appointed commissioner shall hold office during the pleasure of the council, but shall not be dismis ed except by a vote of not less than two-thirds of all the embers of the council. «.

The council shall fix th\ annual salary to be paid i:lataries to each of the commissioners, including the mayor, and the salary so fixed shall not be ecreased during the tenure of office of each commissioner. 45. Every commissioner shall before taking office give ~obrity. such security for the performande of his duties as the council • a:•v<jn shall require. 46. No commissioner shall, after and during his appoint- F'!~t tot~ l ment, have any personal interest, direct or indirect, in ~~;;;;:eta rn any contract with the city. <17.

In case any appointedfommissioner is incapable Incapacit~j through illness or other caus of performing the duties of his office, the council may appoint a substitute, who during such illness, absence or other incapacity shall have and exercise all the powers of ch commissioner. 48. The commissioners shal annually submit to the~.~::;::~ •• council at its first meeting afte the annual election recom mendations and estimates for the expenditure which in their opinion should be made y the city during the then ensuing year.

The council sh ll thereupon deal with the same and shall provide the nee ssary funds for such expen ditures as they determine to ake. 49.

The commissioners shal keep books for the pur- ~:ok~p! 0 bv pose Of recording the whole f their Official proceedings, commissiO~l<orS and also regular books and ace unts of and relating to each separate public work or publi utility under their charge and control, and such books sha 1 be open to the examination of any member of the council r any person appointed for that purpose by the council. he accounts of the commiss- ioners shall be subject to the provisions hereinafter con- tained relating to the audit of he city accounts. 50.

The commissioners sh1 also from time to time Informatfn furnish such information as rna be required by the council~~ ~~u~~tr or any member thereof regar ng the matters and affairs under their management and ontrol.

11 OFfiCIALS. 51. The council may app int a city clerk, a city treasurer, Cit~ officials a city solicitor, an assessor and one or more auditors, and they may also appoint su h other officials as they deem necessary or expedient to point for the purpose of carry- ing into effect the provisi ns of this Act or any by-law of the city. The same pe ons may be appointed to more than one of such offices. ny such officials so appointed shall, in addition to the d ties herein prescribed, perform such other duties as the ouncil may from time to time prescribe. 52.

The council shall nottmake any appointment to office Api~in\,ment• or any arrangement for th discharge of the duties of any~~ ~~:ue; municipal office by tender or to applicants at the lowest remuneration. 53. All officers appointe by the council shall hold office T~t· or during the pleasure of th council, or according to the o c terms expressed in the reso ution or by-law by which they are appointed, and in add tion to the duties assigned to them by this Act or by g eral law of the province shall perform such other duties s may be required of them by the by-laws of the city. 54.

In addition to defini g the duties of any officer, the ~;c~i:Jven council may by by-law re uire him to give such security as they may deem expedie t for the faithful performance of his duties; and during he month of January in each year all such securities sh 11 be produced to the mayor, and shall be laid by him b fore the council. . 55.

The bonds or policit of .g~arantee of any ?~rpora- ~~~f~.~!e bon empowered to grant ecuntles, bonds or pohmes for corr:~.~ies the integrity and faithful accounting of public officers or servants or persons occu ying positions of trust may be accepted instead of or in addition to the personal bond of any officer of the city. 56.

Every officer, servan and agent of the city shall be Liab~titic• personally liable for any d mage arising from his acts or default, or from his refus l or neglect to discharge the duties imposed upon him law or by this Act, or by the by-laws of the city, in add tion to any penalties otherwise imposed for the said acts or defaults. 57.

The council may gr t any officer who has been in Gra~ities the service of the city, inc uding its previous existence as ~~~,!fc~:~ a town, for at least twenty ears, and who while in such ser- vice has become incapable t rough age or illness of efficiently discharging the duties of hi office, a sum not exceeding his aggregate salary for the 1 st three years of his service, as a gratuity upon his dis issal or resignation. CIT)J CLERK. 58.

The city clerk shall a tend all meetings of the council, ~~~1~1~;~ and shall truly record in a ook, without note or comment, all resolutions, decisions nd other proceedings of the council, and (if required y any member present) shall record the name and vote f every member voting on any matter submitted. He sh ll safely keep all the books,

~2 documents, records and sec~ities of the council, and the originals, or duly certified co ies, of all the by-laws thereof. It shall be his duty to summ n all meetings of the council, to communicate the resolutio s or instructions of the council to the parties concerned ther in, and to conduct the general official correspondence of th eouncil and the city. 59.

In case the city clerk i~absent or is incapable of per- Ab•enqe forming his duties, the coun il may by resolution appoint some person to act in his st ad, during the period of such absence or incapacity, and uring such period the person so appointed shall have all t e powers of the city clerk. . bl . . Recor'1• open 60.

Any elector may at al reasona e times mspect any to ins~e·otion account or claim presented to the . commissioners or the council, any contract, any b -law, any report of the com missioners, or of any commit e, or of any officer of the city (other than a report of the "ty solicitor or of any counsel engaged by the city) after he same has been submitted to the council, and the min tes of any regular or special meeting of the council, and also assessment rolls, voters' lists, poll books and other doc ments relating to any election of voting upon any referre by-law, and the city clerk shall within a reasonable tim after demand by such elector furnish him with copies of a y such documents or extracts therefrom on payment of a c arge at the rate of ten cents per hundred words. 61.

A copy of any such boo~ record, document or account, Ctpie•~ certified under the hand of t e city clerk and the city seal, 0 reco • shall be received in eviden e without proof of the seal of the city or of the signat e or official character of the person appearing to have sig ed the same, unless the court or a judge thereof otherwise rders. CITY TR:fDASURER. 62.

The city treasurer shjll collect, receive and safely ~~;;*~urer keep all moneys belonging or accruing due to the city from whatever source, and hall pay out the same only to such persons and in such manner as is directed by law or by the by-laws of the co neil. 63.

The treasurer shall d~ly, or as often as the council nhi'os~t• •nd may direct, deposit in the na e of the city, in some chartered c qur bank designated by resoluti n of the council, all moneys received by him in excess f $100; and he shall, jointly with the mayor, or such ot r person as the council shall from time to time appoint, · gn all necessary cheques. 64-. The council by resolu~on may authorize any and all ~;'h':.iif., superintendents of depart ents to deposit all moneys of depftment•· daily received by them direct in the city's bank to the credit of the city. 65.

The treasurer shall kel and make use of such books Books of record and account as the ouncil shall from time to time require him to keep and sc, including the debenture register required by the prov sions of this Act, and he shall also prepare and submit to t e council half-yearly a correct statement of the moneys at he credit of the city.

]3 66. The financial year of the city shall commence on Finaneja.J the first day of January, andl shall close on the thirty-first year day of December in each ye~r. CITY SqLICITOR. 67 • The council may ap4oint a member of the Law Appoiojtrnent Society of Alberta as city olicitor, and may determine his duties and the terms an period of his employment. 68.

In case the remuner ion of the city solicitor so Remunrratim appointed is to be paid wholl or partly by salary, the city shall, notwithstanding be en tled to tax and collect lawful costs, in all actions and p oceedings to which the city is a party; provided such c sts are by the terms of the engagement of the city soli .itor payable to him as part of his remuneration in additi n to his salary. 69.

The council shall at i s first meeting in each year Arpoin~ment 'o audt~r or within two months ther after, appoint one or more auditors, but no one who en or during the preceding year is or was a member of the council, or is or was city clerk or city treasurer, or w o has or had during the pre ceding year, directly or indir ctly, alone or with any other person, a share or interest i any contract or employment with or on behalf of the cit (except as auditor) shall be so appointed. A partnershi or an incorporated company may be appointed as auditor. 70.

The auditor or audita s so appointed shall at least Audit once in every three months ring the year examine, audit and report upon all books a d accounts affecting the city, or relating to any matter u der its control or within its jurisdiction, and after the e amination of every account, voucher, receipt and paid d benture, shall stamp thereon in indelible letters the word " udited" and initial the same. 71.

The auditor shall on }very occasion write a special special t d d . ll d' t l reports repor on an regar mg a xpen 1tures contrary o aw, by-law or resolution, and hall deliver the said report to the mayor, who shall la the same before the council at its next meeting. 72. The council may by byj-law p. rovide that the auditors Audit shall audit all accounts befor~ they are paid. ~:~~~*t 73.

On or before the first ay of March in each year the ~~~~~It'· auditor shall prepare in sue form as the council may by ~~~t~; resolution direct, an abstract of the receipts, expenditures, accoun assets and liabilities of the ci for the financial year ending on the thirty-first day of De ember of the preceding year, including a statement showi g the total amount of deben tures, authorized to be iss ed, the debentures actually issued, those actually sold r otherwise disposed of, and how disposed of, and those remaining on hand, together with a special report on and r arding any illegal or improper expenditures or matters of account.

The said abstract and report shall be delivered orthwith or as soon as may be to the mayor, and laid by h'm before the next meeting of the council, and the council all on or before the first day of April in each year cause he said abstract and report,

1~ with a copy of the auditor'slcertificate, to be printed in full, and a reasonable numbe of copies to be kept at the offices of the treasurer for th information and inspection of the electors. 74:. Any elector may inspectthe said abstract and report, Tnspeoti9n d b h . Jf h" d h" of abatr4c·> an may y rmse or 1s a ent an at 1s own expense take a copy thereof or extra therefrom, and any elector shall be entitled to be supplie with printed copies, if there are sufficient prints available on payment of a charge of fifty cents per copy. 75.

On or before the teen h day of Apr1 eac year t e or abstr~ct fir ; .1 h h Publication council shall cause the said ab ract and report or a synopsis thereof to be published in s me newspaper published in the city, such newspaper to be designated by resolution of the council. OATHS OFI OFFICE. 76.

Every member of thefouncil, every commissioner ~:~J:~1 appointed by the council, t e city clerk, city treasurer, city solicitor, city assessor, ci y engineer, and every other civic officer who may by the terms of his employment be required so to do, shall befo e entering upon the duties of his office .make and subs ribe a declaration of office to the following effect: "I, A.B., do solemnly pro ise and declare that I will truly, faithfully and impartia y, to the best of my know ledge, and ability, execute th office of (inserting the name of the office or offices in case of a erson who has been appointed to two or more offices which he ay lawfully hold at the same time) to which I have been lected (or appointed:) in the city, and that I have not r ceived and will not receive any payment or reward or pr ise thereof, for the exercise of any partiality or malvers tion or undue execution of the said office (or offices) an that I have not by myself or partner, either directly or i directly, any interest in any contract, with or on behalf of he said city; save and except that arising out of my office a (naming the office).

So help me God." 77. Any person who has ~en elected or appointed to!~~~·":!,~~ one two or more offices which he ay lawfully hold at the same office time may make one declaratio of office as to all the offices to which he has been elected r appointed. 78.

The declaration of offic~ to be made and subscribed ~:Jh~: by every auditor shall be as fqllows: "I, A.B., having been appo ted to the office of auditor for the City of Edmonton, do hereby promise and declare that I will faithfully perform the duties of the said office according to the best of my udgment and ability; and I do solemnly declare that I h d not during the preceding year directly or indirectly, an share or interest whatever in any contract or employ ent (except that of auditor, if reappointed) with, by, or o behalf of the city, and that I have not now any such co ract or employment except that of auditor for the prese t year.

So help me God."

15 79. The mayor and alde~men and the other c~vic officers ~;;1'.:;: oaths who are required as aforesa d to make a declaratiOn of office to ij~ taken shall make and subscribe the said declaration of office before some notary public, ommissioner for taking affidavits or justice of the peace. 80.

The mayor or an~ iotary public, commission_e~ for !:l'li.~;;~.r taking affidavits or justic of the peace may adnnmster oat~· any oath, affirmation or eclaration herein provided for in any way relating to the usiness of the city, except where otherwise specially provid d, and except where he is the person required to make t e oath,· affirmation or declara- tion. 81.

The deponent, affimlit or declarant shall subscribe De~o•it. of every such oath, affirmatio or declaration, and the person oat~ administering it shall duly certify and preserve the same, and shall within eight day deposit the same in the office of the city clerk, who sh 11 preserve it among the city records. 82. The mayor, or in ~absence the presiding officer 0 t~r oaths of the council, or of any co "ttee thereof, may administer an oath or affirmation to a person concerning any account or other matter submitted o the council or any committee thereof. PA!RT IV. MUNJCIP4.L ELECTIONS. VO~RS' LIST. Qui ficaatiom 83.

The persons qualifie to vote at elections shall be or ~oltn• all persons, both male and emalc, of the full age of twenty- one years, being subjects o His Majesty by birth or natur alization, whose names ap ear on the last revised voters' list. 84. The council may b~ by-law declare that no person ~/f.,~:,.Ymen shall be entitled to vote ho has not on or before a day to be named therein paid ll taxes due by him to the city, either for the current year or all arrears of taxes, or both. 85.

Where such by-law~as been adopted, on or before I?•!a'Liters· the day of nomination o candidates the assessor shallli•t prepare and verify on oa a correct alphabetical list of the names of all persons ho have not complied with the terms of any such by-law, such list to be called "the de faulters' list."

(2) Any person named i such defaulters' list may vote at an election, if at the ti e of tendering his vote he pro duces and leaves with the fficer presiding at such election a certificate from the ass ssor showing that the taxes in respect of which default as been made have been paid, and such officer shall file s ch certificate, receive the vote, and note the same on the defaulters' list. 86. T~e assessor shall ~n or before . th~ seventh ~ay !'rt;,~~~!!on of July, m each year, prep re a voters' hst m alphabehcalii•t form. He shall place ther on-

(

a) The names of all~ersons, both male and female, of the full age of t enty-one years who arc assessed on the last revis d assessment roll. Where real property is owne by two or more persons and is assessed in their names, each of them shall be deemed to be ass sed within the meaning or this Act. (

b) The names of all banks, incorporated companies and corporations assessed on the last revised assessment roll, a d the vote of such bank, com pany or corporati n may be given by the chief officer thereof pr sent in the city at the time of voting. And whenever it is necessary to administer to su officer any oath under the provisions of this part of this Act, the form set out in

section 271 f this Act shall be used. (

c) The name of ever person who on or before the first day of June i each year shall make written application to th assessor to have his name placed on the vot rs' list as a tenant, and shall in such applicati n make affidavit, duly sworn before a commissi ner for taking affidavits, that the applicant is a ubject of His Majesty by birth or naturalization, s of the full age of twenty-one years, and has sin e the first day of January last preceding, by hims lf or by himself and his family, occupied a house o a portion of a house in the city as his fixed resid ce, and has paid or is liable to pay rent there or at a rate of not less than $100 per annum.

And the assessor shall disti uish on the said list the names of all burgesses, and shall pecify the number of votes to which in voting upon referr by-laws, they are respectively entitled; and the assessor hall cause such voters' list to be printed with the next following two sections hereof prefixed thereto. Copies t ereof shall be posted up in the office of the assessor and i three other conspicuous and and public places in the city n or before the thirty-first day of July; and notice of such osting shall be published once in each week for two sue essive weeks in a newspaper published in the city. 87.

Any person who is otherwise duly qualified, butt,dft*on• whose name does not appe r on the voters' list, or whose name has by reason of any rror, omission or inadvertence been omitted from the asse ment roll, may either by him- self or his agent apply to h ve the voters' list amended by giving to the assessor a n tice that he intends to apply to the commissioners to hav his name added to the voters' list, and stating his qualific tions; any person whose name appears on the voters' list as prepared by the assessor, and who challenges or take objection to the name of any other person appearing on such list, on the ground that such other person is not d ly qualified to be a voter, in terms of this Act, may apply y similar notice to the assessor to have the voters' list arne ded by striking out the name of such other person, statin in such notice the grounds of his challenge or objection to the qualifications of such other person.

17 88. NoticeR may be givin to the assessor under the pre- N;tiiee to ceding

section by sendin the same to him by registered as """or post, or serving the same upon him in the way service is usually effected and such notices may be so given on or before the fourteenth day of August in any year. L*tof 89.

On or before the fif eenth day of August the assessor ai-JPiicauts shall make a list of all ap licants for amendments of or to the voters' list, stating he names and grounds of each of such applications; and hall post the same in a conspic- uous place in his office; an he shall immediately thereafter, by advertisement in one or more newspapers published in the city, give public n tice of the time and place fixed by the commissioners for earing such applications.

N 1 h h • th d f A t • h Cdu:rt of 90. ot ater t an t e went1e ay 0 ugus m eac R~viision year, the commissioners all meet as a court of revision on the voters' list, and s all then hear and determine all applications of which noti e has been given to the assessor as hereinbefore provided and the assessor shall there- upon amend the voters' li in all cases provided for by sec- tion 87 hereof, as may b right, and the list so amended shall be the voters' list fo the ensuing year or until a new voters' list has been fina ly revised; and forthwith there- after, if the elections are t be from wards, the assessor shall prepare a list of the elect rs entitled to vote in each ward, designating thereon those not entitled to vote for mayor in each ward.

An elector hall be entitled to vote (except for mayor) once in each ard in which is situate any land or business in respect of hich he is assessed, and once in the ward in which he res des, if he is assessed in respect of a special franchise, a d shall be entitled to vote for mayor in that ward only n which he resides and not else where: Provided always that n appeal may be taken by any person dissatisfied with t e decision of the commissioners to the council by deliverin to the assessor a written notice within three days from t e decision of the commissioners, and the council shall deci e the matter of the said appeal at its next meeting there fter.

The voters' list shall b finally revised and shall be cor rected by the assessor in ccordance with the decisions of the commissioners and sh ll when so revised and corrected by the voters' list of the city, and shall remain in force until a new voters' list h been prepared. 91. The commissioners~and council respectively when l'tf"•dur<> sitting as a court of revis· n on the voters' list, shall have the power of taking all r uisite evidence on oath. 92.

The deputy returni g officer in charge of any polling A~ditions place shall while the poll i open, if required by any person~~ ~~~~ssor's. whose name, or by the c ief resident officer of any bank, ce tificate incorporated company o corporation for which he is entitled to vote the nam of which is not on the revised voters' list, and who sh ll present to him a certificate signed by the assessor s ating that such person, bank, incorporated company or orporation is assessed on the last revised assessment roll, a minister to him one of the fol- lowing oaths, and such oa h having been taken the deputy returning officer shall at o e cause the name of such person~ bank, incorporated comp ny or corporation, to be added to the voters' list, with t e words "Certificate," "SwornH written thereafter.

118 ''You do swear that you are the person named in the assessor's certificate now p oduced to you, and that you are entitled to have your na e placed on the revised voters' list of the city for the pres nt year (or, if elections are to be from wards, upon the ist of electors for this ward) as an elector entitled to vot for aldermen, or for aldermen and mayor (as the case ma be).

So help you God." "You do swear that you re the chief officer now present in the city of the (naming the corporation) named in the assessor's certificate now p oduced by you, and that the said (naming the corporatio is entitled to have its name placed upon the revised vote s' list of the city for the present year (or, if the elections ar to be from wards, upon the list of the electors for thi ward) as an elector entitled to vote for aldermen, or fo aldermen and mayor (as the case may be). So help you od." ELECTIONS: GE ERAL PROVISIONS. 93. The council may fro time to time by by-law- ~.:'~~l.'fi!non• (

a) Divide the city in polling subdivisions for the purpose of election or votings of the burgesses; (

b) Appoint the places t which polls shall be opened in case a poll or v te is required: provided that the boundaries of the subdivisions for elections and votings may be different. 94.

In all elections and otings required under any of ~~~~~ing the provisions of this Act, he city clerk shall, unless the council shall otherwise spe ially provide by by-law, be ex officio returning officer; a d he shall unless the council shall otherwise specially pr vide by by-law, appoint such deputies, polling clerks, c nstables and other persons, provide all necessary mean and do all acts that may be required for the purpose of holding the election or taking the votes; and in case any poling place named in any by-law be not available, he shall rovide a convenient place in the vicinity and shall post notice at the regular polling place stating the place to ;vhich the poll is removed or station some person thereat for the purpose of directing voters.

(2) In case the council slall determine to make special provision, it shall at leas one week prior to the last Monday in November in· a y year by by-law, appoint a returning officer for the nex municipal elections in which case the returning officer s appointed shall have all the powers of the city clerk in h s capacity of returning officer.

E . ffif d . ffi Itetur~ing 95. very returnmg o er, eputy returrnng o cer officer to and assistant deputy retur ing officer appointed to act be""' rn at an election shall before e tering upon the duties of his office, make and subscribe a solemn declaration to the effect following: "I, A.B., do solemnly pr mise and declare that I will truly, faithfully and imparti lly, to the best of my know ledge and ability, execute he office (inserting the name of the office) to which I hav been appointed in this city; and that l have not .received and will not receive any pay ment or reward, or promise hereof, for the exercise of any partiality or malversation o other undue execution of the said office.

So help me Gq ."

19 96. When any oath or affi mation or declaration is required Befie whbom d b d . ffi . t o~t to e to be taken or rna e y a puty returmng o cer or ass1s - t~k ant deputy returning offic r, and no special pro.vision is herein made therefor, the arne may be made before the poll clerk or before any jus ce of the peace or commissioner for affidavits, and the ret ing officer or any justice of the peace or commissione for affidavits may administer any oath or affirmation or eclaration required to be made by a poll clerk under the rovisions of this Act. 97.

The returning officerishall at least six days previous ~~~f~u" 1 to the first Monday in De ember, post up at the city hall and in ten conspicuous pla es in the city, and shall adver- tise at least twice in one or more newspapers published in the city, a notice in the allowing form; '' :tioTICE. "City of Edmonton, unicipal Elections, 19 ....

"Public notice is hereb given that a meeting of the electors of the City of E manton will be held at (des- cription of place) on Mo.nd the .......... day of Decem- ber, 19 . . . . (here fill in the date on which the first Monday in December falls) from el ven a.m. until noon, for the purpose of nominating can idates for the office of mayor of the city and of aldermen for the next ensuing two years. "Given under my hand t Edmonton this ........... . day of ........... , 19 .. . G.H., Returning Officer.'' 98. Nominations shall be made and received during theNmn~notions time and at the place men ioned in the notice.

All nom- inations shall be in wrtiin and signed by two or more duly qualified voters whose ames appear on the last revised assessment roll. If the nu ber of persons nominated to serve as mayor and alderm n does not exceed the requisite number, the returning offi er shall declare the person or persons so nominated duly elected. 99. Every nomination fo~ mayor or aldermen shall be Con~t,nt or aCCOmpanied by a written onsent from the person named nonu JCC in such nomination to accep the office if elected. 100.

In the event of mor than the required number of Poll,~ persons being nominated, t e returning officer shall declare :':J; ntes that a poll will be held, a d shall name the time (which ~~~~J cies shall be on the same day f the week as the nomination but in the next following w ek), the place or places where the votes are to be polled, d the deputy returning officer and the assistant deputy ret rning officers (if any) appointed to receive the same; and al o the time and place at which the result of the polling wil be declared. 101.

Whenever a poll has o be taken, the returning officer Notirle of shall without any unreasona le delay after the nominations poll cause to be posted at the ci y hall and in at least ten con spicuous places within the city, and shall advertise at least twice in one or more newspapers circulating in the city, a notice in the followi form:

~0 "N()TICE. "City of Edmonton, M nicipal Elections, 19 .... "Public notice is hereby given that a poll has been granted for the election of yor of the City of Edmonton and of ·alderman for ward o. 3 (or as the case may be) for the year 19 .... , and t t the polling will take place on (here insert the date of pol ing) the .............. day of December, 19 .... , from ni e a.m. till five p.m., at the following places: (here specif polling places).

"And that I will at (des ibe the place), on (day of the week) the. . . . . . . . . . . . . da of. ........... , 19 .... , at ......... o'clock a.m. sum up the votes and declare the result of the election. "Given under my hand at Edmonton this .......... day of December, 19 ....

G.H., Returning Officer." 1 A d 'd . t d 'thd t Witbdt\a.wal of 02. ny can 1 ate nom1 a e may Wl raw a any candid•M time within forty-eight hour after the close of the nom- ination meeting by filing ith the returning officer or deputy returning officer (as e case may be) a declaration in writing to that effect, sig ed by himself in the presence of the returning officer or de uty returning officer, a justice of the peace or notary pub · c; and any votes cast for a candidate who has thus with rawn shall be null and void. 103.

If by reason. of any s c~ 'Yith?rawal _or '!ithdrawals !1ha~8~£mcnt the number of candidates re ammg m nommat10n for any •u~~· t 1 office does not exceed the mbcr required by this Act, Wit r wa" to be elected for any such o ce, the polling for such office shall not take place; and the r turning officer shall forthwith post up at the city hall and in ten conspicuous places in the city, and shall advertise at least once in one or more newspapers published in the ity, a notice to the following effect: "NOjriCE. "City of Edmonton, M nicipal Elections, 19 ....

"Whereas, Mr. . . . . . . . . . . ... nominated for the office of alderrrmn for ward No. . . . . has withdrawn his can- didature for the said office, l ving Mr ................. . the only candidate therefor, hereby give notice that no voting for the said office will ke place on the. . . . . . day of (date of polling). "Dated under my hand a Edmonton this. . . . . . . . . . day of December, 19. . ... G.H., Returning Officer." 104. In case of a poll, the totes shall be given by ballot. ~~ntb~ 105.

Where a poll is requi ed, the city clerk. shall pro- !ag~t 4o"e" cure as many ballot boxes as appear to be reqmred. supplie4 106. The ballot boxes sha l be made of some durable ~o~~[ru1tion material, shall be provided w th a lock and key, and shall be so constructed that the ba lot papers can be introduced therein and cannot be withdr wn therefrom unless the box be unlocked.

2~ 10?. When it becomes nece sa~y for the purpose of an;t~:;rb<ltioo electwn to use the ballot box s, 1t shall be the duty of the city clerk (if a separate office ) to deliver the same to the returning officer who shall at least two days before the polling day deliver a suffic ent number of ballot boxes to every deputy returning officer (or assistant deputy returning officer) appointed or the purposes of the elec- tion. 108.

Where a poll is requi~d, the returning officer shall ~o"~~tP~g~;;j forthwith cause to be printe at the expense of the city such a number of ballot pap s as will be sufficient for the purposes of the election. 109. Every ballot paper suall contain the names of the qo~trr•" duly nominated candidates ranged alphabetically in the ~ap!r o~ order of their surnames, and when there are two or more candidates with the same s rname, in the order of their Christian names.

(2) The names of the ca didates for mayor shall not be included in the same bal ot paper with the names of the candidates for aldermen; but one kind or set of ballot papers i::~hall be prepared for all the wards containing the names of the candidates for mayor; and another kind or set shall be prepared for eac ward containing the names of candidates for aldermen i the ward: Provided that until a wa d system is established the names of the mayor and ald men may be included in the same ballot paper. 110.

The ballot papers sh~ll be in the following forms: Fbolrlm o( a ot p~per ...... ?-> • o..,. . ...... z ~u (!) • ~ ,..o<ll~ ~ s..c:1,...., ........ ~ s ..... 0 o<+-< ~ ........... >:1 ~ 0"'"' 0 ...:l -g~ ~ >:1 ;:j 0 0 0 s ~ ..... u .... "0 0 as<ll~ ~ ~~'0 FORM FO MAYOR. ALL N, Charles A lan, of the City of Edmonton, Merchant. BROWN, William I rown, of the City of Edmon ton, Banker. FORM FOR ALDERMEN. ARGO, James Argo of the City of Edmon on, Gentleman. BAKE ' Samuel Bak r, of the City of Edmon on, Baker. DUNC \.N, Robert Dun can, of the City of Edm onton, Printer.

2~ 111. Before the opening of he poll the returning officer~uppue+ shall deliver or cause to be delivered to every deputyr:fu~n~ returning officer the ballot pap rs which have been prepared offioer for use in the ward or pollin subdivision for which such deputy returning officer has een appointed to act, and such other materials as are n cessary in order to enable the electors to mark their ballot apers; and such ballot papers and other materials shall be de · vered by the deputy return- ing officer of the ward or poll" g subdivision to his assist- ant deputy returning officer i any has been appointed. 112.

The returning officer hall before the opening of Directionls the poll deliver or cause to b delivered to every deputy to voter• I returning· officer such number of printed directions for the guidance of voters in voting s he may deem sufficient.

(2) Such directions shall be rinted in conspicuous char acters and may be according o the following form: "DIRECTIONS FOR THE GUIDANCE OF VOTERS IN VOTING. "The voter will go into o of the compartments, and with the pencil provided in th compartment place a cross, thus (X), on the right hand side opposite the name or names of the candidate or ca didates for whom he votes, or at any other place within the division which contains the name or names of such ndidate or candidates.

"The voter will fold up the ballot paper so as to show the name or initials of the eputy returning officer (or assistant deputy returning o cer, as the case may be) signed on the back, and le ing the compartment will without showing the front o the paper to any person deliver such ballot paper so fo ded to the deputy returning officer (or assistant deputy r turning officer as the case may be) and forthwith quit th polling place.

"If the voter inadvertently spoils the ballot paper, he may return it to the deputy turning officer (or assistant deputy returning officer, as t e case may be) who will, if satisfied of such inadvertence, give him another paper.

"If the voter votes for m re candidates for any office than 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 that ffice. ''If the voter places any m rk on his ballot paper' by which he may afterwards be identified, or if the ballot paper has been torn, deface , or otherwise dealt with by the voter so that he can hereby be identified, it will be void and will not be count .

"If the voter takes a ballot aper out of the polling place or deposits in the ballot box a y other paper than the one given to him by the officer, he will be subject to imprison ment for any term not exceedii g six months with or without hard labour, or to a fine of ot less than $50 nor more than $500 or to both fine an imprisonment.

"In the following forms of allot paper given for illus tration the candidates are f r mayor, Jacob Thompson and Robert Walker, for alder en, John Bull and Morgan Jones, and the elector has m rked the first ballot paper in favour of Jacob Thompson for mayor, and the second ballot paper in favour of John ull for alderman."

til Q) 1-< ~ -:9 .8 ..0 s-.:::: ~ Jaco <llo.s 0 S:a g ~ 1-< s s -< .8 0 '"d ~ oj::t:l ~ .:::: ...... .8 <l.l 0 0 b -:8 >, ~ Rob <l.l ..., • .-I~ •1"""1 Q':) j::t:loO?""i I~""""""~ •• s·~.:::: z B <l.l.:::: 0 s ;:::l s < JohnE 0'"d ~ <llOj::t:~ ~ E• ...Q ..... """'<llo j::t:l [S;S >, . ~ ..... ..., 0> ....:l ..... ?""i -< JC §c;O ,_. ..... Q) 0 ~ Morga ~tll...Q ...... 0 <lll-<...,>=1 ~ E< - <l.l ..... 0 ~..00+> 113.

Every polling plac partment or compartment their votes screened from duty of the returning offic ment or compartments for at each polling place. 23 THOMPSON, ~ Thompson, of the City ~f Edmonton, Merchant. X ~ALKER, ~rt Walker, of the City pf Edmonton, Physician. ~LL, ull, of the City of X monton, Butcher. NES, p. Jones, of the City of monton, Grocer. shall be furnished with a com- !3 in which the voters can mark observation, and it shall be the er to see that a proper compart- that purpose is or are provided VoJ,ing corppartmenta 114.

Every deputy retu ning officer (or assistant deputy Pf$1\in~t ~P returning offic'er) shall be ore the opening of the poll, oro fl"rectwns immediately after he has received the printed directions . from the returning officer (if he did not receive the same before the opening of th poll), cause the said printed directions to be placarde outside the polling place for which he is appointed t act, and also in every voting compartment of the polli place, and shall see that they remain so placarded until he close of the polling. 115.

The returning offic r shall before the poll is opened ~~~~.?list deliver to every deputy returning officer and assistant deputy returning officer copy certified by the assessor to be a correct copy of the oters' list for the ward or polling subdivision for which such eputy returning officer or assist- ant deputy returning offi er is to act, and a blank poll book in which to recor the names and qualifications of the electors who vote.

24 116. The poll book shal be in the following form: REMARKS Refused to swear. Sworn. Objected to. School Trustee. 1-< 0 ..... '"0 Alderman. Q) ....., 0 :>- Mayor. Legal addition. Residence. Qualifications. NAME. 117. The city clerk, on the request of any elector who has been appointed depu y returning officer or assistant deputy returning officer r poll clerk or constable or as agent of a candidate to attend any polling place other than the one where he is E lntitled to vote, shall give to such elector a certificate that h ~ is entitled to vote at the polling C~rt.ificate to p sons a.t ending ot E!r than th •ir own poll

25 place where he is to be~tationed during the polling day; and the certificate shall also state the property or other qualification in respect which he is entitled to vote. 118.

On the producti n of the certificate .the deputy ~i,;bt to returning officer, assista t deputy returning officer, poll ~~~~~ion or clerk, constable or agen shall have the right to vote at rtificnte the polling place where e is stationed during the polling day instead of at the polli g place where he would otherwise have been entitled to vot ; and the deputy returning officer (or assistant deputy re urning officer) shall attach the certificate to the voters' list; but no such certificate shall entitle such elector to ote at such polling place unless he has been actually e gaged as such deputy returning officer, assistant deputy eturning officer, poll clerk, con- stable or agent during th whole of the day of polling, nor to vote for alderman or al rmen except in the ward where he would otherwise be en itled to vote. 119.

In case a deput returning officer (or assistant~atl'JJ' deputy returning officer) otes at the polling place to which ~~~~n• he has been appointed such, the poll clerk appointed to act at the polling pla e or (in the absence of the poll clerk) any elector authori ed to be present, may administer to the deputy returning cer (or assistant deputy return- ing officer) any of the o ths required by law to be taken by voters. ELECTIO~S: PROCEDURE. 120.

In the following Jctions 121 to 175 both inclusiveiteaiding the deputy returning offi er, or assistant 'deputy returning 0 !fi"er officer, acting as such at any polling place at a municipal election, is referred to "a the officer presiding at the poll." 121.

In the event of he returning officer not havingl}n clerks made the necessary ap ointments, the officer presiding or appointed to preside , any poll at an election may by writing under his hand a point such number of poll clerks as he shall deem neeessar who in the absence of the deputy returning officer, or as stant deputy returning officer, or in case of his illness or · ability to fulfill the duties required of him by this Act, shal have the powers of the officer l:>y whom he was appoint d. 122.

In the event of he returning officer not havingqonstahle8 already done so, the offic r presiding at the poll may also appoint a constable or co stables to maintain order at the polling place, or he may summon to his assistance in the polling place any police onstable or peace officer for the purpose of maintaining o der, or of preserving the public peace, or preventing an breach thereof, or of removing any person who in the opinion of the officer presiding at t.he poll is obstructing the polling or wilfully violating the provisions of this Ac . 123.

Every returning fficer, deputy returning officer oLths to · d · ffi ' bf taken ass1s~ant eputy returm _g o cer, poll clerk, constable, candidate or agent autho zed to be present at any polling place, before exercising at ny polling place any of the rights or functions of the office f which he has been so appointed' shall take and subscribe efore a justice of the peace o; before the city clerk, or C the case of a poll clerk or con-

26 stable or agent) before the deputy returning officer or assist ant deputy returning offi er at whose polling place he is appointed to act, an oath in the form following: "I, A.B., do swear th I will not at any time disclose to any one the name of ny person who has voted at the election to be held in the ity of Edmonton on the ....... . day of........ . . . . , A D. 19 .... , and that I will not unlawfully attempt to scertain the candidate or can didates for whom an elect r has voted; and will not in any way aid in the unlawful · scovery of the same; and that I will keep secret all knowle ge which may come to me of the person for whom any elec or has voted.

So help me God." 124:. The polls shall be1ept open in any event from nine Papin~ hours o'clock in the forenoon u til five o'clock in the afternoon of the same day; provided hat the council may at any time extend the time for keep' g open the polls until not later than eight o'clock in the fter:ooon. 125. Any person produ~ing to the officer presiding at Agfnt• the poll at any time a writ en authority to represent a can didate as his agent at a oiling place shall be recognized as such by the said officer. 126. Every elector may vote once only for mayor. On;: vote for jmayor 127.

Every elector may ote for alderman (or aldermen) vo~ in d once in each ward, if his n me (or a name intended for his) r~~Taid":nneu appears upon the voters'lli t for the ward, but not otherwise; and where an elector is e titled to vote for aldermen in more than one ward, the ret rning officer shall, having regard to the elector's request, if a y, determine one ward in which only he may vote for may r. 128. Any person who voQes more often than he is entitled Pen~lty to do under the provisions ~f this Act shall incur a penalty of $50. 129.

The receipt by anY] voter of a ballot paper within ~~~~~r;; the polling booth shall be nrima facie evidence that he has there and then voted. 130.

The officer presidin at the poll shall immediately ~t~~~n~ogox after the opening of the poll show the ballot box to such per- sons as are present in the p lling place, so that they may see that it is empty; he shall hen lock the box and place his seal upon it in such a mann r as to prevent its being opened without breaking the seal; nd he shall then place the box in his view for the receipt f ballot papers, and shall keep it so in his view and lock d and sealed during the hours of polling. 131.

Where a person cl iming to be entitled to vote ~k"~j~:~~~ presents himself for the pu pose of voting, the officer pre- duti1• siding at the poll shall proc d as follows:

(1) He shall ascertain t at the name of such person (or a name apparently int ded therefor) is entered upon the voters' list for the ward or polling subdivision for which the said officer is appointed o act.

(2) He shall record, or c use to be recorded by the poll clerk, in the proper colu of the poll book, the name, qualification, residence and occupation or legal addition of such person;

(3) Where the vote is objected to by any candidate or his agent, the officer pre iding at the poll shall enter the objection in the poll bo by writing his initials opposite the name of such person in the column headed 11 objected to", noting at the same time by which candidate, or on behalf of which candid e, the objection has been made by adding after his init als the name or initials of such candidate.

(4) If any candidate or his agent demands that the voter be sworn, the office presiding at the poll shall admin ister to hint the followin oath: "You swear (or salem ly affirm) that you are a natural born- (or naturalized) su ject of His Majesty, of the full age of twenty-one year , and that you are the person named (or intended to be med ) by the name of . .......... . in the voters' list now sh wn to you (showing the list to the voter); "That you have not ~ted before at this election, either at this or any other pol "ng place in this ward (or, if the elector is tendering his vo for mayor, or if there be no warda) that you have not voted before or elsewhere for mayor at this election (if there be o wards leave out the words ''for mayor"); "That you have not d ectly or indirectly, received any reward or gift, nor do y u expect to receive any, for the vote which you tender a this election; "That you have not re eived anything, nor has anything been promised to you, e her directly or indirectly, either to induce you to vote at this election, or for loss of time, travelling expenses, hire of team or any other services connected with this elect on; "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. 11 So help you God."

(5) If the voter takes fe said oath, the officer presiding at the poll shall receive e vote, and shall enter or cause to be entered opposite s ch person's namP in the proper column of the poll book, e word "Sworn," or "Affirmed," according to the fact.

(6) Where the voter as been required to take oath or affirmation, and refuses o take the same, the officer pre siding at the poll shall en er or cause to be entered opposite the name of such voter, 'n the proper column of the poll book, the words "Refused to swear," or "Refused to affirm," according to the fact, a d the vote of such person shall not be taken or received; and if the officer presiding at the poll takes or receives su h vote or causes the said to be taken or received, he shal incur a penalty of $100.

(7) When the proper ntries respecting the person so claiming to vote have be n made in the poll book, in the manner prescribed, the :fficer presiding at the poll shall place a check or mark o posite to the name of the voter in the voters' list, to indi ate that the name of such person has been entered in the poll book and that the person has been allowed to vot ; and shall then sign his initials. on the back of the ball t paper.

(8) Except in the cas mentioned in subsection 6, the· ballot paper shall then b delivered to the voter.

28 132. The of?cer presidingtt the phroll mhayh, .and u 11 pon1 rke- ~ox~~t~tion• quest shall mther personal or t oug IS po c er , explain to the voter as co cisely as possible the proper method of voting. 133. Every officer presidi g at the poll who refuses or ~~~ac~ "1 wilfully omits to sign his initi Is upon the back of any ballot Pfi!~~1r.g paper as provided for by sub ection 7 of

section 131 hereof, 0 cer 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 t his polling subdivision upon which the said officer presid ng at the poll has not signed his initials as aforesaid. 134.

The officer presidingiat the poll shall place in the ~~\h;%~ columns of the poll book eaded "mayor," "alderman," and "school trustee," as the ase may be, his initials oppos- ite the name of every vote receiving a ballot paper to denote that the voter has rec ived a ballot paper for mayor, alderman or school trustee, the case may be. 135.

Upon receiving from he officer presiding at the poll r:~".:'t1~;· the ballot paper prepared s aforesaid, the voter shall forthwith proceed into the ompartment provided for the purpose, and shall then and herein mark his ballot paper in the manner mentioned i the directions contained in

section 112 hereof by placing a cross on the right hand side opposite the name of any c ndidate for whom he desires to vote, or at any other pl ce within the division which contains the name of the c ndidate.

He shall then fold the ballot paper across so as t ·conceal the names of the can didates and the marks upon the face of the paper, and so as to expose the initials of th said officer, and immediately after leaving the compart nt shall without delay and without showing the front t any one or so displaying the ballot paper so as to make k own to any person the names of the candidates for whom e has or has not marked his ballot paper, deliver the ball paper so folded to the officer presiding at the poll, who sh 11 without unfolding the same or in any way disclosing th names of the candidate or the marks made by the vote upon the ballot paper, verify his own initials and at once eposit the ballot paper in the ballot box in the presence of a l persons entitled to be present and then being present in t e polling place; and the voter shall forthwith leave the poll' g place. 136.

While a voter is in ~voting compartment for the ~·~rec~ or purpose of marking his ball t paper, no person shall be ~o • allowed to enter the compart ent or to be in any position from which he can observe he mode in which the voter marks his ballot paper. 137.

No person who has re e1ved a ballot paper from the ~~~~~~.~aper• officer presiding at the poll s all take the same out of the polling place; and any perso having so received a ballot paper who leaves the polling place without first delivering the same to the said officer · the manner prescribed, shall thereby forfeit his right to v te; and the said officer shall make an entry in the poll boo in the column for "remarks", to the effect that such perso received a ballot paper, but took the same out of the poll" g place or returned the same declining to vote, as the case ay be; and in the latter case

29 the said officer shall imme~iately write the word "declined" upon such ballot paper an~ shall preserve the same. 138. In the case of an a plication by a person claiming to !~n~~t! be entitled to vote who · s incapacitated by blindness or b'41iot paper other physical cause fro marking his ballot paper, or in the case of a person clai ing to be entitled to vote who makes a declaration that he is unable to read, or (where the voting is on a Saturd

y) that he is of the Jewish per- suasion and objects on rel gious grounds to mark his ballot paper in the manner pres ribed by

section 135 hereof, the proceedings shall be as fo lows: 1. The officer presiding at the poll shall in the presence of the ·agents of the candi tes cause the vote of such person to be marked on the bal t paper in the manner directed by such person, and sh ll immediately place the ballot paper in the ballot box. 2. The officer presiding ~t the polls shall state or cause to be stated in the poll ook, by an entry opposite the name of such person, that he vote of such person is marked in pursuance of this secti n, and the reason why it is so marked. 3. The declaration afotesaid may be in the following form: "I, A.

B., of...... . .... , being numbered ........ . on the voters' list for pol ing subdivision No ........... in ward No. . ....... of the C ty of Edmonton, and being a duly qualified elector of the Cit of Edmonton, do hereby declare that I am unable to rea (or that I am from physical in capacity unable to mark ballot paper, or that I object on religious grounds to mark ballot paper, as the case may be). "A.B., his (

X) mark. "Dated this. . . . . . day of. ........... A.D., 19 .. " 4.

In the case of a perso who objects on religious grounds to mark a ballot paper, th declaration may be made orally and to that effect, and su declaration shall at the time·of the polling be made by th person claiming to be entitled to vote before the officer pres ding at the poll, who shall attest the same according to the f llowing form: "I, C.D., the undersig ed, being the deputy returning officer (or assistant deputy r turning officer) for ward No. . . . . . (or polling subdicision No. . . . . . . .. in ward No.... . ... ) of the City of Edmonton, o hereby certify that the above (or as the case may be) dec aration having been first read to the above named A.B., s signed by him in my presence with his mark, or (in the ase of one who objects on religious grounds to mark a ballot p per) was orally made before me.

"(Signed) C.D. "Deputy Returning Officer, (or Ass'4stant Deputy Returning Officer). "Dated this .......... 1.dayof. .......... A.D., 19.'." 139.

A person claiming to be entitled to vote who has B~Jot 11a.ners inadvertently dealt with h s ballot paper in such a manner ~~~~r before that it cannot be convenie tly used as a ballot paper may, on delivering to the office presiding at the poll the ballot paper so inadvertently de lt with, and proving the fact of the inadvertence to the atisfaction of the said officer, receive another ballot pap in the place of the ballot paper so delivered up; and the s · d officer shall immediately write

30 the word "Cancelled" u1n the ballot paper so delivered to him; and he shall pre erve the same till he makes his return under

section 152 h eof. UO. During the time Jppointed for polling no person !';t~\':d shall be entitled or penni ted to ~e present in the polling ~~J~; in polling place other than the offic rs, candidates, poll clerks, cons- stables or agents authoriz d to attend at the polling place, and the voters who are fo the time being actually engaged in voting. 141.

In eve1-y polling p ace the officer presiding at the ~:t~'::!~'~r vou poll shall immediately af er the closing of the poll, in the presence of the poll clerk ( f any) and of such of the candi- dates or of their agents a may then be present, open the ballot box and proceed to c unt the votes as follows: He shall examine the b lot papers, and any ballot paper which has not on its back is initials or on which more votes are given than the elector is entitled to give, or on which anything except the initia s of the said officer on the back is written or marked by hich the voter can be identified, or which has been torn, efaced or otherwise dealt with by the voter so that he c n be thereby be identified, shall be void and shall not be c unted.

A ballot paper on which votes are given for a grea er number of candidates for any office than the voter is entitled to vote shall be void as regards all the cand' ates for that office, but shall be good as regards the vot s for any other offices in respect to which the voter has no voted for more candidates than he is entitled to vote for. 142. The office. r presiditg at the poll shall take a note ?o1j;~ti~~~ed of any objection made by a candidate or his agent or any elector authorized to be p esent to any ballot paper found in the ballot box, and sha decide any question arising out of the objection. 143.

Every objection s~all be numbered, and a cor- Bb~~~~ ~tf•r• responding number shall b placed on the back of the ballot ~o •:; ~·~mhered d • 't' 1 db th 'd' t h 11 an lrutlaled paper an 1m m e y e o cer pres1 mg a t e po . 144. The officer presidi~ at the poll shall indorse "Re- i,l;.1~~~~pers jected" on any ballot pa er which he rejects as invalid, and shall indorse "Rejecti n objected to" if any objection is made to his decision. 145.

The officer presidin at the poll shall then count up S,1u;;~\~~ the votes given for each andidate upon the ballot papers not rejected, and shall ake up a written statement, in words as well as in figures, of the number of votes given for each candidate, and of the number of ballot papers rejected and not counted by him, which statement shall· be made under the following heads (

a) Name or number of ward or polling subdivision, and date of electi n; (

b) Number of votes or each candidate; (

c) Rejected ballot pa ers. 146. Upon the complelon of the written statement it ~;:~~;;;_ent shall be signed by the offi er presiding at the poll, the poll clerk (if any), and such o the candidates or their agents as are present and desire t sign such statement.

31 147. Not more than ontagent of any candidate shall be N~mtbor or entitled to be present at t e same time in any polling place ag n " during the voting or the co nting of the votes. 148. Every officer presidfg at a poll, upon being requested ~r1~;~~~te so to do, shall deliver to ach of the persons authorized to attend at his polling plac , a certificate of the number of votes given at that pollin place for each candidate and of the number of rejected ball t papers. 149.

Every officer presi ing at a poll shall at the close of ~j";::\l'i:~ok the poll certify under his s gnature on the poll book in full ~~r :r~~~~a.ges words the total number o persons who have voted at the polling place at which he has been appointed to preside; and shall at the completi n of the counting of the votes, in the presence of the can dates or agents of the candidates, make up into separate pac ets, sealed with his seal and with the seals of such candidate or agents of candidates as desire to affix their seals, and arked upon the outside with a short statement of the c ntents of such packet, the date of the election, the name f the officer presiding at the poll and of the ward or polling s bdivision: (

a) The statement of otes given for each candidate and of the rejected ba lot papers; (

b) The used ballot apers which have not been ob jected to and hav been counted; (

c) The ballot paper which have been objected to, but which haven t been counted by him; (

d) The rejected ball papers; (

e) The spoiled ballot apers; (

f) The unused ballot apers; (

g) A statement of t number of voters whose votes have been marke by the officer presiding at the poll under

section 138 hereof, with the declarations of inability; and t e notes taken of objections made to ballot papers found in the ballot box. 150.

Before returning t e voters' list and poll book to P~id,ing th the returning ·officer, the fficer presiding at the poll shall ~~1~:t.:'r~" make and subscribe before a justice of the peace or before the poll clerk his declara on under oath that the voters' list and poll book were u ed in the manner prescribed by law, and that the entries re uired by law to be made therein were correctly made; wh ch declaration may be in the following form: "I, C.D., the undersig ed deputy returning officer (or- assistant deputy returning o wer) for ward No ........... (or- for polling subdivision No . ...... . of ward No ........... } of the City of Edmonton, do solemnly swear (or if he is a;. person permitted by law to rm, do solemnly affirm) that to the best of my knowledge he annexed voters' list and poll book used in and for the f'ia d ward (or polling subdiuision) at the election held on the ................ day of December, Hl .. , were so used in them nner prescribed by law, and that the entries required by law o be made therein were correctly made.

C.D. (or Assi ant Deputy Returning Officer),,. ~ Deputy Returning Officer .. t~~~~~r~ ~~~.~~ci:;d2r~~~ ~e.~~ .a~.~b~i~~.~f Edmonton K.Y. Justice of tle Peace (or as the case may be)."

32 and shall thereafter be ann~ed to the voters' list, and such voters' list, poll book and eclaration may be inspected at any time in the presence oft e city clerk by any elector. 151.

The deputy retur · g officer (or assistant deputy Delifo.ry to returning officer) shall f thwith deliver such packets ~~~~;mg personally to the returning fficer; and if owing to illness or other cause he is unable do so, he shall deliver such packets to a person chose 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 'hom the same has been so de livered, and shall take a pr per receipt therefor. He shall also forthwith return the b ot box to the returning officer. 152.

The packets shall l accompanied by ·a statement ~e~~~~rarer made by the deputy retur 'ng officer (or assistant deputy returning officer) showing the number of ballot papers entrusted to him, and ac ounting for them under the headsof- 1. Counted; 2. Rejected; 3. Unused; 4. Spoiled; 5. Ballot papers given! to voters who afterwards re turned the same de lining to vote; and 6. Ballot papers taken from the polling place; which statement shall gi e the number of papers under each head, and is n this Act referred to as "The Ballot Paper Acco nt." 153.

The returning officer after he has received the ballot DecJfntion papers and statements befo e mentioned of the number of g~ ·~ ~~~ng votes given in each pollin place, shall, without opening offic any of the sealed packets of ballot papers, cast up from the statements the number of v es for each candidate, and shall at the city hall or at some other public place at noon on the day following the return of such ballot papers and state- ments publicly declare to b elected the candidate or candi- dates having the highest nu ber of votes for each office to be filled by the election, but su ject always to the provisions of

section 19 of this Act. H shall also post up at the city hall a statement under his hand showing the number of votef' polled for each candid te. 154. In case it appears up~n the casting up of the votes as Rffitu,b•ing aforesaid that two or more c ndida. tes for any office have an ~ ... ~f~\ote equal number of votes, he returning officer, whether ti. en o otherwise qualified or not, s all at the time when he declares the result of the poll give a asting vote so as to decide the election. 155. Except in such case J!lo returning officer shall vote at )'lo1.te ~~nn. ~~ 156.

All deputy retu~g officers, assistant deputy Othc_tomcers returning officers, poll clerks nd constables shall, if otherwise ~~~~;~:d qualified, be entitled to vote

33 157. The person or perlons elected as aforesaid shall A••t•ption make the necessary declar tions of office and qualification b~ e:on• and shall assume office ace rdingly. elo ed 158.

When in the sectio s of this part of this Act expres- ca~diidatz: sions are used requiring or authorizing any a0t or thing to"" a.gen be done or implying that ny act or thing is to be done in the presence of the agents a candidate or candidates, such expressions shall be deeme to refer to the presence of such agents as are authorized o attend and as have in fact attended at the time and lace where such act or thing is being done; and if the act r thing is otherwise duly done, the non-attendance of any gent at such time and place shall not invalidate it. • J . aotton 159 A candidate mav hi self undertake the duties which Ca~diida.t• any agent of his might ha e undertaken, or he may assist ~~j, If" his agent in the performan e of such duties, and may be • present at any place at whi h his agent is by this Act author- ized to attend; but no ca didate shall be present at the marking of• a ballot for a vo er under

section 138 hereof. 160. No election shall b declared invalid by reason of ~J~t:~ .. ~ot a non-compliance with the provisions of this Act as to the resqlt:. holding of a poll or the co nting of the votes, or by reason of a mistake in the use of a y of the forms contained in this Act, or by reason of any other irregularity, if it appears to the .tribunal having cog izance of the question that the election was conducted in accordance with the principles laid down in this Act, and t at such non-compliance, mistake or irregularity did not aff ct the result of the election. 161.

All reasonable exlnses incurred at any election Ex~fe/18es under this Act shall be pai by the city treasurer out of the funds of the city upon t e production to him of proper accounts verified in such nner as the council may direct. 162. ~orthwith af~er tht election the returning officer ~1~;f'~;~~:o shall deliver to the c1ty cle k the ballot boxes, packets and · returns aforesaid, and th city clerk shall thereafter be responsible for their safe, eeping and for their delivery when required. 163.

No person shall b allowed to inspect any ballot ~~~~~~~on papers in the custody of th city clerk except under order of P.~;j'J' tth a judge, to be granted y the judge upon satisfactory 01 c er evidence on oath that the inspection or production of the ballot papers is required f r the purpose of maintaining a prosecution for an offence in relation thereto, or for the purpose of taking procee · ngs under this Act to contest an election or return; and ny such order for the inspection or production of ballot pa P-rs shall be obeyed by the city l'lerk. 164:.

The order shall statfthe time and place for inspecting ~~1~~N:n such papers, and shall na e the persons to be present at such inspection, and shall b made subject to such conditions as the judge thinks expedie t. 165. The city clerk Hhal~retain for one month all ballot ~·J~1i:;-;ion papers received by him, as aforesaid and shall then, unless pa~e's otherwise ordered by a ju ge, cause them to be destroyed in the presence of two wit esses, whoRe affidavit that they

have witnessed the destructm· n of the ~;aid papers shall be taken before the mayor or a justice of the peace and filed by the city clerk among the r ords of the city. RECOUNTS. 166.

In case at any time ithin fourteen days from the Order for recoun~ time when the ballot papers sed at any election have been received by the city clerk it s on the affidavit of a credible person made to appear to a udge that a deputy returning officer (or assistant deputy eturning officer) in counting the votes given at any elect n has improperly counted or rejected any ballot papers, t judge may appoint a time to recount the votes; and he sh 1 cause notice in writing to be given to the candidate or c ndidates whose seat or seats may be affected of the tim and place at which he will proceed to recount the same. 167.

At the time of the appf· cation for a recount the appli- Deposit cant shall deposit with the lerk of the court the sum of $25 as security for the paym nt of costs and expenses, and the said sum shall not be pai out by the clerk without the order of the judge. 168. The judge, the city c]rk with the ballot boxes, and Attend~nce each candidate and his agent notified to attend the recount of votes, and representative of the press, and no other person, except with the sa ction of the judge, shall be entitled to be present at there ount of the votes. 169.

At the time and place appointed the judge shall pro- Proced.re ceed to recount all the ballot p pers received by the city clerk at reooTnt from the returning officer ash ving been given in the election complained of, and he shall n the presence of the parties aforesaid, if they attend, or i the presence of such of them as do attend, open the sea d packets containing (

a) the used ballot papers which h e not been objected to and have been counted; (

b) the allot papers which have been objected to, but which have been counted by the deputy returning officer, or assista t deputy returning officer; (

c) the rejected ballot pape ; (

d) the spoiled ballot papers; and (

e) the unused ballot pa ers. In recounting the votes care shall be taken that the ode in which any particular voter has voted shall not be di covered. 170. The judge shall as f as practicable proceed con- Tim~1~ tinuously with the recount of the votes, allowing only time ooun for refreshment, excluding nly Sundays and on other days (except so far as he an the parties aforesaid agree) the hours between six o'clock n the evening and nine o'clock on the succeeding morning.

During the excluded time the judge shall place the b Hot papers and other docu ments relating to the electio under his own seal and the seals of such others of the arties as desire to affix their seals and shall otherwise tak precautions for the security of the papers and documents 171. The judge shall proc~ed to recount the votes as Mode. d£ follows: countml' 1. He shall examine the b~lot papers. 2. Any ballot paper on w ich votes are given for more candidates than are to be ele ted for the office in question, or on which anything exce t the initials of the deputy

35 returning officer, or sistant deputy returning officer, on the back is written r marked by which the voter can be identified, and any allot paper which has been torn, defaced or otherwise deal by the voter so that he can thereb be identified, shall be oid and shall not be counted. ballot paper on which v tes are given for a greater numbe of candidates for any ffice than the voter is entitled t vote for shall be void a regards all the candidates for tha office, but shall be good as regards the votes for any othe office in respect to whic the voter has not voted for mor candidates than he i!" e titled to vote for, but no word o mark written or made r omitted to be written or mad by ~he deputy returning officer or assistant deputy returnin officer, on the ballot pa er, shall affect the vote. 3.

The judge shall t e note of any objection made b~ a candidate or by his a ent to any ballot paper, and shal decide any question ar· ing out of the objection; and th decision of the judge sh ll be final. 4. The judge shall t en count the votes given for eac candidate upon the ball papers not rejected, and shall mak up a written statemen in words as well as in figures, o the number of votes gi en for each candidate, and of th number of ballot paper rejected and not counted by h" ; which statement shall be made under the Reveral head following: (

a) Names of the andidates; (

b) Number of vo s for each candidate; (

c) Ballot papers anting initials of deputy returnin~ officer or assi taut deputy returning officer; (

d) Ballot papers rejected as marked for more cal) didates than ere to be elected; (

e) Ballot papers rejected as having upon them i writing or rna k by which the voter can be ident - fied, or as to n, defaced or otherwise dealt wi by the voter so that he can thereby be identl-· fied; (

f) Ballot papers rejected as unmarked or void f r uncertainty. 5. Upon the comple ion of the recount, or as soon as e has thus ascertained he result of the voting, the jud e shall seal up all the b Hot papers in separate packets a d shall forthwith certify he result to the city clerk, who sh ll thereupon by notice to e posted in his office, declare electe , subject to the provisi s of

section 19 of this Act the ca - didate having the hi est number of votes; and in c e of an equality of votes the city clerk shall have the casti g vote. 172. All costs, cha ges and expenses of and inciden al Coot.• to an application for a recount and to the proceedi s' consequent thereon sh ll be defrayed by the parties to t e· application in such m nner and in such proportions as t e· judge may determine, egard being had to any costs, char es or expenses which in the opinion of the judge have be n caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applic nt. or the respondent.

(2) The costs shal~be on the supreme court scale~d: may, if the judge so rders, be taxed in the same man er· and according to th same principles as costs are t ed between solicitor and client.

3. The payment of any ~osts ordered by the judge to be paid may be enforced b execution to be issued upon filing the order of the jud e, and a certificate showing the amount at which the cos s were taxed, and an affidavit of the nonpayment thereof. PENAjLTIES. 173. No person shall- Offenc,s; Gener<jl (

a) Without due authotity supply any ballot paper to any person; or (

b) Fraudulently put ifto a ballot box any paper other than the ballo paper which he is authorized ·by law to put in; or (

c) Fraudulently take ut of the polling place any ballot paper i or (

d) Without due authlity destroy, take, open or otherwise interfere ith any ballot box or packet of ballot papers th n in use for the purpose of the election ; or (

e) Apply for a ballot paper in the name of some other person, whet er such name is that of a person living or de d, or of a fictitious person, or advise or abet, ounsel or procure any other person so to do; b t this provision shall not be construed as includ ng a person who applies for a ballot paper beli ving that he is the person intended by the me entered on the voters' list in respect of wh· h he so applies; or (

f) Having voted once, d not being entitled to vote again at an electio , apply at the same election for a ballot paper in his own name, or advise or abet, counsel o procure any other person so to do.

(2) No person shall attCJjnpt to commit any offence specified in this section.

(3) A person guilty of any violation of this

section shall be liable on

summary conv ction, if he is the returning officer, to imprisonment for any term not exceeding two years, with or without hard abour; and if he is any other person, to imprisonment for a erm not exceeding six months, with or without hard labour, r to a fine of not less than $50 nor more than $500, or to oth fine and imprisonment. 17tl.

Every returning offic r, deputy returning officer, ~.i~~~i~~ assistant deputy returning o cer or poll clerk who is guilty officer. '~to. of any wilful misfeasance o any wilful act or omission in contravention of sections 121 to 175 inclusive hereof, shall, in addition to any othe penalty or liabitity to which he may be subject, forfeit to ny person aggrieved by such misfeasance, act or omission, a penal sum of $200. polling place shall maintain and aid in maintaining the=~·: t"d 175. Every officer, clerk d agent in attendance at acaseot~ secrecy of the voting at the olling place. pathng lace•

(2) No officer, clerk or a nt, or other person shall interfere with or attempt to interfere with a voter when marking his ballot paper, r shall otherwise attempt to obtain at the polling pl e information as to the candidate or candidates for hom any voter at such polling place is about to vote has voted.

(3) No officer, clerk, ]ent or other person shall com municate at any time to any person any information ob tained at a polling place s to the candidate or candidates for whom any voter at s h polling place is about to vote or has voted.

(4) Every officer, clerkiand agent in attendance at the counting of the votes shal maintain and aid in maintaining the secrecy of the votin , and shall not communicate or attempt to communicat any information obtained at such counting as to the c ndidate or candidates for whom any vote is given.

(5) No person shall dir ctly or indirectly induce a voter to display his ballot pap after he has marked the same, so as to make known to any person the name of any candidate or candidates or whom he has or has not marked his ballot paper.

(6) Every person who a ts in contravention of this

section shall be liable to summa y conviction before a justice of the peace or magistrate o police to imprisonment for any term not exceeding six mo ths with or without hard labour, or to a fine of not less th n $50 nor more than $500, or to both fine and imprisonm nt. CORRUfT PRACTICES. 176. The following pe ons shall be deemed guilty ofB~bery bribery and shall be puni hable accordingly: 1.

Every person who irectly or indirectly by himself or by any other person o his behalf, gives, lends or agrees to give or lend, or offers or promises money or valuable consideration, or gives or rocures, or agrees to give or pro cure, or offers or promise, any office, place or employment to or for any voter, wheth at any election or in voting upon a by-law, or to or for ny person on behalf of any voter or any person, in o der to induce any voter to vote or to refrain from voting t an election or to vote or refrain from voting upon a by-1 w for raising' money or creating a debt, or who corrupt} does any such act as aforesaid on account of such voter aving voted or having refrained from voting at such electi n or upon such by-law; 2.

Every person who irectly or indirectly by himself or by any other person o his behalf makes any gift, loan, offer, promise or agreeme as aforesaid to or for any person in order to induce such pe son to procure or defeat or endea vour to procure or defeat the return of any person to serve in the council, or to pro re or defeat the passing of any by-law as aforesaid, or th vote of any voter at an election or at the voting upon any by-law; 3.

Every person who y reason of any such gift, loan, offer, promise, procurem t or agreement procures or en gages or promises or end avours to procure or defeat the return of any person in a election, or to procure or defeat the passing; of any by-la as aforesaid, or the vote of any voter at an election or at the voting upon a by-law; 4.

Every person who vances or pays or causes to be paid money to or to the se of any other person with the intent that such money or ny part thereof shall be expended in bribery at an election o at any voting upon such by-law, as aforesaid, or who kno ingly pays or causes to be paid any money to any pers n in discharge or repayment of any money wholly or in art expended in bribery at any such election or at the v ting upon any such by-law;

~8 5. Every voter who before or during an election or before or during the voting on an such by-law directly or indir ectly or by himself or any oth r person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place r employment for himself or any other person for voting or agreeing to vote or refrain: ing or agreeing to refrain fr m voting at any such election or upon any such by-law; G.

Every person who after~ny such election or the voting upon any such by-law, dir ctly or indirectly, by himself or any other person on his ehalf, receives any money or valuable consideration on ccount of any person having voted or refrained from voti g or having induced any other person to vote or refrain fr voting at any such election or upmf any such by-law. 7.

Every person who hir~s horses, teams, carriages or other vehicles for the purp se of conveying voters to or from the polls, and every p rson who receives pay for the use of any horses, teams, ca iages or other vehicles for the purpose of conveying voters to or from any poll as afore said; 177.

Every person who · ectly or indirectly, by him-gu~:~ ... self or by any other person n his behalf, makes use of or threatens to make use of a y force, violence or restraint, or inflicts or threatens the nfliction by himself, or by or through any other person, r any injury, damage, harm or loss, or in any manner ractices intimidation upon or against any person, in order to induce or compel any such person to vote or refrain fr m voting at any election or at the voting upon any by-1 w, or on account of any such person having voted or r frained from voting thereat or thereon, or who by abdu tion, duress or any fraudulent device or contrivance im edes, prevents or otherwise interferes with the free exer · se of the franchise of a voter, or thereby compels, induce or prevails upon a voter to give or refrain from giving is vote at any election or at the voting upon any by-1 , shall be deemed to have committed the offence of u ue influence. 178.

The actual personal expenses of a candidate, his!':;~-:~:;; expenses for actual profess onal services performed, and auo..:~ all bona fide payments for ren s of halls and committee rooms and the fair cost of printing and advertising, shall be held to be expenses lawfully incu red, and the payment thereof shall not be a contravention f this Act. 179. Where upon a motior~in the nature of a quo warranto~uvjd;~~~a~~. a question is raised as to whe her the candidate or any voter has been guilty of any viol tion of

section 176 or

section 177 hereof, affidavit eviden e shall not be used to prove the offence, but it shall be roved by viva voce evidence. 180. Any candidate electet at an election who is found :;Jfei[ure guilty by a judge upon th hearing of a motion in the ~}8~~~~li:i':tt~~n nature of a q'uo warranto of · ny act of bribery or of using undue influence as aforesaid, shall forfeit his seat and shall be ineligible as a candidate at any election for four years thereafter. 181. Any person who is ~djudged guilty of any offence ~i~~'t~~~cation within the meaning of sectton 176 or

section 177 hereof

39 shall incur a penalty of $roo, and shall be disqualified from voting at any election olr upon any by-law for the next succeeding two years. 182. The money pen lty imposed by the preceding ~~;~~~rfi ••

section shall be recoverab e with full costs of su~t (Class

A) by any person who sues f r the same in the supreme court, and any person against hom such judgment is rendered shall be ineligible either as a candidate or as an elector until the amount so rec ered against him has been fully paid and satisfied. 183.

The judge shall ect that, in default of payment rjnprisonment of the said penalty and sts within the time fixed by the judge, the offender shal be imprisoned for such period not exceeding thirty days sis directed by the said judgment, and in case of such def ult of payment the judge shall issue a warrnt for the rrest and imprisonment of the offender in accordance th the said judgment, until the penalty and costs are fu ly paid or for such other period as the order may direct. 184:. The judge who ~s any candidate guilty of a con- ~:~~'::i~rt' travention of

section 176

section 177 hereof, or who adjud- ges any person to pay a y penalty imposed under

section 181 hereof, shall report th same forthwith to the city clerk. 185. The city clerk sh~l enter in a book to be kept for ~1:;;-:~i~~ the purpose the names f all persons who have been so pprsons adjudged guilty of any off nee within the meaning of

section 176 or

section 177 here f and whose names have been reported to him by the ju ge aforesaid. 186. Every ~itness sh~l be bound to attend before the ~tt!.i:!.a.~;:. judge upon bemg serve with a subpoena directing his attendance and upon p yment of the necessary witness fees and conduct money, nd in default thereof, he may be punished for contempt. 187.

No person shall e excused from answering any ~;vilege or question put to him upon the hearing of any motion in the I DCSSes nature of a quo warrant or in any proceeding touching or concerning any electio or the voting upon any by-law or the conduct of any rson in relation thereto, on the ground of any privilege r on the ground that the answer to the question will tend to criminate him; but no answer to any such question shal be used in any proceeding under this Act against such p rson if the judge gives to him a certificate that he has ade full and true answers to the satisfaction of the judg . 188.

All proceedings u der this part of this Act other ~me limit than an application in th nature of a quo warranto against ~f~Ji~';. any person for any viola ion of

section 176 or

section 177 hereof shall be commen ed within four weeks after the election at which the off nee is alleged to have been com mitted, or within four eeks after the day of the voting upon a by-law as afores id. 189. No pecuniary pellty or forfeiture imposed by this n~•mption Act shall be recoverable or any Act of bribery or corrupt Jf.::Ities practice at an election o at the voting upon a by-law in case it appears that the erson charged and another person

140 or other persons were toge er guilty of the act charged, either as giver or receiver r as accomplices or otherwise, and that the person charge has previously bona .fide pro secuted the other person or ersons or any of them for the said act; but this provision hall not apply in case the judge before whom the person c aiming the benefit thereof is charged certifies that it cl rly appears to him that the person so charged took th first step towards the com mission of the offence charg d and was in fact the principal offender. 190.

The city clerk shall prior to every election or ~he ~~u~g~~~ion voting upon any by-law f rnish every deputy returnmg ct~f" • 8 f officer and assistant deputy returning officer with at least po m pace two copies of the sections umbered 176 to 189 inclusive hereof; and it shall be the uty of the officer presiding at every polling place to post he same in conspicuous places at his polling place and t see that they are kept posted up during the hours of polli g. CONTESTE ELECTIONS. 191.

In case the validity of the election of the mayor T~~f.r or of an alderman, or his rig t to hold the seat, is contested, :)~tl;~ the same may be tried by judge. Any candidate at the · election or any elector who g ve or tendered his vote thereat, or (in case of an election by cclamation, or in case the right to sit is contested on the ound that a number of the council has become disqua fied or has forfeited his seat since his election) any elec r may be the relator for the purpose. 192.

If within six weeks ter an election a relator shows No~!~ or by affidavit to a judge reaso able ground for supposing that mo' the election was not legal o was not conducted according to law, or that the person d clared elected thereat was not duly elected, or for contesti g the validity of the election of the mayor or of any aide man, or in caRe at any time a relator shows by affidavit o a judge reasonable ground for supposing that a memb r of the council has forfeited his seat or has become disqu lified since his election and has not resigned his seat, the j ge may grant his fiat author- izing the relator, upon enteri g into a sufficient recognizance as hereinafter provided, to erve a notice of motion in the natme of a quo warranto to etermine the matter.

(2) The recognizance sh ll be entered into before the judge or before a commis "oner for taking affidavits by the relator in the sum of $ 00 and by two sureties (to be·. allowed as sufficient by th judge upon affidavits of jus•· tification) each in the sumo $100; and shall be conditioned· to prosecute the motion wit effect and to pay to the party· against whom the motion is de (who is herein called "the respondent") any costs w · ch may be adjudged to him_ against the relator.

(3) When the sufficiencytf the said sureties has been determined and the said r cognizance has been allowed as sufficient by the judge, h shJJ,ll note or indorse thereon and upon the fiat allowing ervice of the notice of motion the words "recognizance a lowed" and shall initail the, same.

193. The notice of motion hall be at least a seven clear coftent• of days' notice, and. it may ei her state the return day of no 100 the motion, or may state th t the notice will be made on the eighth day after the ay of service of the notice excluding the day of service.

(2) The relator in his not ce of motion shall set forth his name in full, his occupati n, place of residence, and the interest which he has in the e ection as a candidate or as an elector, and shall also stat specifically under distinct heads all the grounds of obj ction to the validity of the election complained against, nd in favour of the validity of the election of the relato , or of any other person or persons, where the relator cl ims that he or they or any of them have been duly elec d, or on the grounds of for feiture or disqualification of he respondent or as the case may be. 194.

Before serving his 1tice of motion the relator Affidavi~· shall file all the affidavits and aterial upon which he intends to rely, except where viva v ce evidence is to be taken. In that case he shall name in is notice the witnesses whom he proposes to examine. 195. The notice shall be s4rved in such manner as the ~~ti:ze f1 judge shall direct. 196. Service of the notice o motion shall be made within ;.i::i·c~ 1 two weeks from the date of th fiat so granted by the judge unless otherwise ordered by t e judge. 197.

In case the relator all ges that he himself or some f..::m t<l other person has been duly el cted, the motion shall be to try the validity both of the lection complained of and of the alleged election of the rela or or other person or persons. 198. In case any of the frounds of objection apply ~~:~~:i::,4t~on equally to two or more pers ns elected, the relator may ·r proceed by one motion again such persons. 199.

Upon the hearing of he motion the relator shall 9r?und~ of not be allowed to object to t e election of the respondent i'.!":;;:t~prth or to attack his ri.ght to sit or o support the election of any person alleged to have been d ly elected, upon any ground not specified in the notice of otion; but the judge in his discretion may entertain any substantial ground of objec- tion to or in support of the va 'dity of the election of either or any of the parties as may ppear in the evidence before him. 200.

The judge may requi~e the city clerk to produce ~f~~~~;tu before him such ballot papers, books, voters' and other lists and such records of the elect on and papers in his hands connected therewith as to t e judge may from time to time seem fit. 201. The judge may if he ~inks proper at any stage of ~ffi~~~ni~~· the proceedings make an orde adding the returning officer m;;J• ' t or any deputy returning officer or assistant deputy returning" a par Y officer or any person as a party thereto. 202.

The judge may allow 1any person entitled to be a ~!t;:':h"::"'ion relator to intervene and prosequte or defend and may grant parties

a reasonable time for the !iurpose; and an intervening party shall be liable or entftled to costs like any other party to the proiJeedings. 203. The judge shall in t

summary manner, withoutHearinf formal pleadings, hear and etermine the validity of the election and the right of th respondent to sit; and may inquire into the facts on affi avit or affirmation or by oral testimony. 204. No person who has v~d at an election shall in any Secrecy! or legal proceedings to question he election or return or other- vote wise relating thereto be requi d to state for whom he has voted. 205.

In case the election~complained of is adjudged Judgmept invalid, the judge shall by he judgment order the res pondent to be removed and hi seat shall ipso fact? be vacat- ed; and in case the judge det rmines that any other person was duly elected, the judges II forthwith order such other person to be admitted to the ffice. 206. Where an election ha been held invalid ow

Document details

Collection	Alberta — Bills
Citation	L2 S4 10673
Type	bill
Volume / chapter	L2 S4 10673
Language	en
Format	json
Source	PROVINCIAL
Identifier	48d950d6c6bd54028df92f42c09d7bbf911abeb5

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