Bill 25 (Legislature 7, Session 4)

L7 S4 8613

Alberta — Bills

Bill No. 25 of 1934. A BILL RESPECTING TOWNS AND VILLAGES. NOTE. This Bill amends and consolidates The Town Act, and with some slight modifications, makes its provisions applic able to villages. Sections 1 to 8 are of general application.

Part I (sections 8 to 20) deals with· the formation of villages.

Part II (sections 21 to 33) deals with the formation and alteration of towns.

Part III (sections 34 to 70) relates to the council, mayor and councillors in towns and villages.

Part IV (sections 71 to 99) relates to town and village officials.

Part V (sections 100 to 180) sets out the general powers and duties of councils.

Part VI (sections 181 to 201) relates to the voters' list.

Part VII (sections 202 to 273) provides for elections.

Part VIII (sections 274 to 330) provides for assessments in towns and villages.

Part IX (sections 331 to 342) contains provisions as to local improvements.

Part X (sections 343 to 346) relates to public utilities.

Part XI (sections 347 to 377) contains the provisions as to rates and taxes.

Part XII (sections 378 to 428) deals with town and vil lage borrowings.

Part XIII (sections 429 to 442) relates to town and vil .lage finances.

Part XIV (sections 443 to 455) relates to actions by and against towns and villages.

Part XV (sections 456 to 476) prescribes penalties for offences under the Act.

Part XVI (sections 477 to 481) contains general miscel laneous provisions.

Section 160, providing for the taxation of transient traders, is new. Sections 274 and 275, providing for assessment of prop erty and of businesses, have been redrafted and amplified ~nd replace sections 289 to 292 of The Town Act, 1927. R. ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is ofj.ered merely as ,Ci partial explanation of some of its provisions.)

BILL No. 25 of 1934.

An Act respecting Towns and Villages. (Assented to 1,1)8.i.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Town and Village Act."

INTERPRETATION. 2. In this Act, unless the context otherwise requires- (a) "Conditional owner" shall mean any person entitled to the possession of land which is exempted frDm taxatiDn otherwise than by this Act, and shall, but not so as to restrict the generality of the foregDing words, include lessees of minerals or mineral rights from the Dominion of Canada 'Or the Province; (b) "Elector" shall mean any person entitled to vote at any election, upon a by-law or at the taking of any vDte (as the case may be), as set out in

Part VI; (c) "FeIDny" shall mean any indictable offence which under The Criminal Code is punishable with death or imprisonment for a period of five years or over; (d) "First election" shall mean the election of mayor and cDuncillors in a town and of councillors in a village first held after the formation of the town or village and any subsequent election held prior to the completion of the first voters' list; (e) "First meeting" shall mean the first meeting of the council 'Of a town or village after a first Dr general election; (f) "General election" shall mean the election under this Act, nominations for which are directed to be made upon the first M'Onday of February in each year; (g) "Hawker" or "pedlar" shall mean any person who, whether as principal or agent, goes from house to house selling or offering for sale, any merchandise to any person, not being a wholesale or retail dealer in such merchandise, or offers or exposes for sale to any such person by means of samples, patterns, cuts or blue prints, merchandise to be afterwards delivered in or shipped into the town or village or sells merchandise upon the streets or roads or else where than at a building which is his established

2 place of business, but shall not include any person selling meat, fruit, or other farm produce which has been produced, raised or grown by himself, or fish of his own catching, 'Or agricultural implements or sewing machines; or any person selling newspapers or periodicals or books of any educntional character or nursery stock; (h) "Improvements" and "buildings and improvements" shall mean all buildings or any part of any buildings and all structures and fixtures erected upon, in, over, under or affixed to the parcel of land assessed; (i) "Judge" shall mean any judge of the District Court of the judicial district within which the town or village is wholly or mainly situated; (f) "Land" shall mean lands, tenements and heredita ments and any estate or interest therein, and shall, but not so as to restrict the generality of the fore going words, include minerals; (k) "Mineral" shall, but not so as to restrict in any way the ordinary meaning 'Of the word, include coal, natural gas, petroleum, gasolene and all oils of a mineral nature; (l) "Minister" shall mean the Minister of Municipal Affairs; ( m) "Misdemeanour" shall mean any indictable offence for which under The Criminal Code the penalty is imprisonment for a term of less than five years; (n) "Owner" shall mean any person who is registered under The Land Titles Act as the owner of a free hold estate in possession of land; (0) "Parcel" shall mean- (

i) any lot in any area of land a plan of subdi vision of which has been registered in a Land Titles Office; (ii) where there is no such plan of subdivision and subject to paragraph (iii) a quarter

section of land according to the system of surveys under The AlbertCL Surveys Act, or any smaller area; (iii) any mineral or minerals assessed as a unit and separately fl"om the land in, on, or beneath which it or they lies or lie; (p) "Person" shall include a corporation or partner ship; (q) "Prescribed" shall mean prescribed by the Minister of Municipal Affiairs; (1') "Proprietary elector" means any person who is en titled to vote at an election under this Act and whose name appears on the assessment roll in respect 'Of any land liable to assessment and taxation; (s) "Purchaser" shall mean any person who has pur chased or otherwise acquired land within the town

3 or village whether he has purchased or otherwise acquired the land direct from the owner thereof or from another purchaser, and has not become the owner thereof; (t) "Referred by-law" shall mean a by-law referred to the vote of the proprietary electors; (u) "Special election" shall mean any election of a mayor or councillors other than a general or a first election; (v) "Transient trader" means any person who does not ordinarily maintain within the town or village a permanent and fixed place of business for the pur pose of his business and who either as principal or agent offers for sale direct to the consumer any goods, wares or merchandise other than and ex cept- (

i) agricultural products raised, grown or produced by him; (ii) fish of his own catching; (iii) agricultural implements; (iv) sewing machines; (

v) nursery stock; (vi) newspapers; (vii) books or periodicals of an educational nature or character. APPLICATION OF ACT. 3.-

(1) This Act shall be applicable to all towns and villages incorporated pursuant to The Town Act, 1927, The Village Act, 1927, or any other Act of the Province existing as at the date of the coming into force of this Act as well as to towns and villages hereafter incorporated under the.:! provisions of this or any othe'r Act.

(2) Every provision of this Act shall apply to every such town and village except only where it is expressly provided that a provision is applicable only to a town or to a village, as the case may be.

(3) Where a reference is made therein to a town or vil lage the reference shall be deemed to be to the town or vil lage as the case may be; and where reference is made to corporate limits the reference shall be deemed to be to the corporate limits of the town or village as the case may be. IMPLIED PROVISIONS. 4.-

(1) Where in this Act a date is fixed on or by which a certain thing is to be done or proceedings: had or taken and it appears that such date was fixed having regard to an earlier date on or by which a certain thing is to be done or proceedings had or taken, then notwithstanding anything herein contained, if delay be occasioned or an extension of time allowed, in respect of the earlier date, a like delay or extension of time shall be allowed in respect of the later date.

(2) Whenever under this Act an election is to be held or a question to be submitted or some other thing is to be done at the time of a general or other election, and it becomes unnecessary to take a poll thereat, then such first mentioned election shall be held or question submitted, or other thing done at the time upon which such poll would have been held if necessary. 5.-

(1) If anything to be done within a number of days or at a time fixed by or under this Act cannot be or is not so done, the Minister may by order from time to time appoint a further or other time for doing the same, whether the time at or within which the same ought to have been done, has or has not arrived or expired as the case may be.

(2) Any thing done at or within the time specified in such 'order shall be as valid as if it had been done at or within the time fixed by or under this Act. 6. Where in this Act a certain day is fixed on which or by which certain things are to be done or proceedings had or taken and the day so fixed is a Sunday or other holiday, such things or proceedings shall be done, had or taken by the next day following the fixed day which is not a Sunday or holiday. 7.

Where power to make by-laws, regulations, rules or orders is conferred it shall include the power to alter 01' revoke the same from time to time, except by-laws which have been made- for the purpose of raising money, making assessments or striking rates.

PART 1. FORMATION, ALTERATION AND DISSOLUTION OF VILLAGES. 8. All villages lawfully organized or formed prior to the passing of this Act shall continue to be villages within the meaning thereof. 9. The Minister may by written order, form into a village any part of the Province which is not in whole or in

part included in a city, town or village, if such

part contains not less than fifty separate buildings, each of which has been occupied continuously as a dwelling house for a period of at least one month; and may do so either of his own motion, or upon receipt of a petition. 10.-

(1) Any such petition shall- (

a) be in such form as may be from time to time pre scribed by the Minister; (

b) be signed by at least twenty persons, who, if such part of the ~rovince were erected into a village, would be qualIfied as voters therein;

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c) be accompanied by a plan showing the proposed boundaries of the village.

(2) Every signature shall be attested by some person entitled to sign the petition.

(3) Upon the receipt of any such petition, the Minister may change either by addition or subtraction, the proposed boundaries of the district. 11.-

(1) Upon the receipt of any such petition, the Min ister shall cause to be posted up in three conspicuous places w;thin the proposed village, one of which shall be the post ofri.ce (if any), and to be published in two issues of a paper having a general circulation within the proposed village, a notice in the prescribed form.

(2) Any person may file with the Minister, within a period of thirty days from the date of the ·said notice, objec tions to the formation of the proposed village.

(3) If during such period of thirty days, no objections are filed, or if in the opinion of the Minister, any objections filed do not disclose sufficient reasons against the formation of the village, the Minister may form the same by written order. 12. Any written order shall contain- (Ci) an accurate statement of the boundaries of the village; (

b) the date upon which it is to become effective; (

c) a statement of the day on and the time at which the nomination of members of the council is to take place. 13.

For the purposes of defining boundaries of a village under this Act, those sides of road allowances upon which monuments or posts have been or may hereafter be placed under a survey made or to be made pursuant to The Domin ion LCinds Surveys Act, or any other Act of the Parliament of Canada or of the Province heretofore or hereafter in force, relating to surveys, shall be the boundaries either of townships or of sections: Provided, however, that in the case of correction lines, the south side of the road allowance shall be the boundary and fhat the boundaries of all Indian reserves shall be the lines defining that side of the road allowance immediately next to such Indian reserve. 14.>-

(1) Every such order shall be published in The AlbertCi GCizette and shall become effective upon the date named therein, or in the absence of any such date, upon the date of its publication. (2) . The due publication of the order shall be conclusive evidence of the legal formation of the village and of the fulfilment of all conditions precedent thereto.

(3) Immediately upon signing the order, the Minister shall appoint a suitable person to act as Returning Offi~er at the first election of councillors, and to hold that electIon as set out in

Part VII. SUMMER VILLAGES. 15.-

(1) The Minister may form into a summer village any summer resort, either of his own motion or upon receipt of a petition.

(2) All summer villages at any time herebefore consti tuted are hereby continued as such.

(3) The petition shall fulfill the requirements set out in

section 9, except that it must be signed by ten persons who, if the summer resort were erected into a village, would be upon the asse~sment roll thereof. I

(4) When any summer resort is erected into a summer village, all the provisions of this Act shall apply to such summer village, except that- . (

a) applications to be placed upon the voters' list shall be made by relatives of persons upon the assessment roll during the month of July; (

b) nomination day shall be the first Saturday in August, and the election of councillors shall take place on the second Saturday in August; (

c) the councillors shall assume office on the first Sat urday in September at 7 :30 p.m., and shall continue in office until their successors are elected; (

d) three councillors shall be elected annually; (

e) the appointment of an auditor shall be made at the first meeting in September in each year; (

I) in order to qualify as an elector or councillor, no person shall be required to be a resident of the sum mer village.

(5) If in any particular or in any case, it appears to the Minister to be difficult or impossible to apply the provisions of this Act to summer villages, he shall have power at his uncontrolled discretion to decide any questions arising through such impossibility or difficulty, and in making such decision he may alter any dates prescribed by this Act for the doing of any matter or thing, and may 'give such other directions as are justified by any such impossibility or diffi culty. ALTERATION IN BOUNDARIES OF VILLAGE. 16. The Board of Public Utility Commissioners may by order- ( (

i) annex any portion of a village to any adj oining municipality or improvement district; (

b) annex to any village, any outlying area adj acent thereto, but not included within the limits of any city, or town, provided, however, that no area shall

7 be annexed to any village, the addition of which would make the area of such village, more than six hundred and forty acres; (

c) alter and adj ust the boundaries of two or more co terminous or adjacent villages or of a village and a co-terminous or adjacent municipal district or muni cipal districts or improvement district or improve ment districts. :17.-

(1) Every such order shall be published in The Alberta Gazette and shall become effective upon the date named therein or in the absence of any date, upon the date of its publication.

(2) The publication of the order shall be conclusive evi dence of the fulfilment of all conditions precedent thereto. :18.-

(1) Whenever under the provisions of this Act, any municipality or any part thereof (hereinafter referred to as "the old district") is included in another municipality (hereinafter referred to as "the new district"), either at the time of the formation of the village or subsequently thereto, the property, rights and liabilities of the old district, including all taxes then due, shall pass to the new district and all remedies that were available for the collection of any such taxes due to the old district, shall 'be available to the new district, in all respects as though such taxes or arrears had originally been due to it.

(2) All questions arising over the divisions or apportion ment of the said property, rights and liabilities or otherwise, shall, unless other provisions for the settlement or adjudica tion of the same has been made in this or any other Act, be decided finally and without appeal by the Minister, and the Minister may give such orders and directions as may be necessary to give effect to his decision.

(3) This

section shall be subject to the provisions of The Tax Recovery Act, 1922, relating to the transfer of land from one municipality to another. ( 4) Nothing in this

section contained, shall in any way prejudice the rights of debenture holders. :19.-

(1) No misnomer, misdescription or omission in any order forming a village or altering its area, shall in any way suspend or impair the operation of this Act, with respect to the matter misnamed, misdescribed or omitted.

(2) Any misnomer, misdescription or omission or other error in any such order may, by any subsequent order, be corrected and the order so corrected may be confirmed by the Minister as of the date of the original order. DISSOLUTION OF VILLAGE. 20.-

(1) The Lieutenant Governor in Council may by order declare that any village shall be dissolved and there upon the council thereof and its officers shall cease to exer-

8 cise any of the rights, powers or privileges vested in them by this Act; and may further declare that all duties and rights of the council or its officers, under this or any other Act, shall be performed or exercised by such person or per sons as may be named in the order.

(2) The order shall make provision for the inclusion of the area which has ceased to be a village in some other muni cipality or municipalities.

(3) Upon any such dissolution, the Minister may appoint one or more persons to adjust the assets and liabilities of the village and he or they may, subject to the approval of the Minister, sell or otherwise dispose of all the assets or property of the village and apply the same or the proceeds of the sale thereof- (Ci) in payment of the liabilities of the village; (

b) in payment of his or their remuneration as fixed by the Minister- and the Minister shall cause the surplus, if any, to be ex pended within the area of the dissolved village.

(4) In case the assets of the village are insufficient to satisfy its liabilities, including therein the said remunera tion, then such person or persons may impose a tax and with a view thereto, make an assessment of property and strike such rates of taxation as may be necessary to satisfy all the said liabilities and all the expenses connected with such assessment; and such tax shall fall upon the same property and be collected and have the same priority and be enforced as if it were an ordinary municipal tax, im posed by the council under the provisions of this Act.

(5) Every order made under this

section shall be pub lished in The Alberta, Ga,zette and shall become effective upon the date named therein, or in the absence of any such date, upon the date of its publication.

PART II. FORMATION AND ALTERATION OF TOWNS. 21.-

(1) The Lieutenant Governor in Council may by proclamation form into a town any village, together with any land additional thereto- (

a) if the village contains over seven hundred inhabit ants; and (

b) if the proposal to form the village, together with any additional land which it is desired to include with the village, into a town, has been approved by two-thirds of the electors of the village voting there on at a meeting specially called for the purpose.

(2) No additional land shall be included in the proposal unless the plan of subdivision of such land has been regis tered in the proper Land Titles Office and unless there is

9 on the land at least one building actually occupied as a dwelling house or place of business for every five acres included therein. 22.-

(1) The meeting may be called by the council of its own motion upon passing a resolution to that effect, and shall be called by the secretary-treasurer upon the receipt of a petition to that effect from at least twenty per centum of the persons whose names appear upon the assessment roll of the village.

(2) The meeting shall be held within fourteen days of the passing of the resolution by the councilor of the receipt by the secretary-treasurer of the petition hereinbefore re ferred to, as the case may be.

(3) Notice of the meeting shall be posted up at least ten days before the date fixed for the meeting in at least three conspicuous places in the village, one of which shall be the post office, if any.

(4) The notice shall be in Form A of the

schedule hereto. 23. The mayor of the village shall preside at such meet ing. 24. If the proposal is duly approved, the secretary-treas urer shall not less than one month nor more than two months after the giving of such approval, forward to the Lieutenant Governor in Council a statement showing the fact of such approval, together with satisfactory proof of substantial compliance with the provisions of this Act. 25.-

(1) The proclamation shall contain an accurate description of the area of the town, the content of which may be either that of the village or such content changed either by exclusion or inclusion as may seem proper, the date upon which it is to become effective, and the name of the town, and shall be published in The Alberta Gazette.

(2) The publication shall be conclusive evidence of the legal formation of the town and of the fulfilment of all con ditions precedent thereto. 26.

The council of the village shall, until the third Mon day in February next following the date of the proclama tion, be deemed to be the council of the town and shall have all the powers and be charged with all the duties of a town council, and shall carry out the same as nearly as possible in the manner hereinafter prescribed by this Act, and all the officers of the village shall be and become officers of the town and shall hold office until their successors are appoint ed, and the mayor of the village shall become the mayor of the town and shall hold office until the third Monday of February next following the date of the proclamation.

10 27. All by-laws or resolutions passed by the council of the village shall, until they are altered or repealed by the council of the town, continue to have the same force and effect as if they had been passed by the council of the town. 28. All taxes due to the village shall, on its erection into a town, be deemed to be arrears of taxes due to the town and the provisions of any Act relating to arrears of taxes and the collection thereof for or on behalf of the town shall apply thereto. 29.

All suits and rights of action by or against the vil lage shall after its erection into a town be continued or maintainable by or against the town and all debts and lia bilities of the village be assumed and paid by the town. 30. The title to and all rights in respect of any real estate or other property of the village shall be vested in the town upon the erection of the village into a town. BOUNDARY LINES OF TOWNS. 31.

For the purposes of this Act whenever any town is wholly or in part described in the proclamation forming the same as comprising certain townships, parts of townships or sections in accordance with the system of Dominion Lands Survey, the boundary lines of the town shall, unless it is otherwise expressly set out in the said proclamation or order, be the posted side of the road allowance between adjoining sections or townships except in the case of correc tion lines, where the south side of the road shall be the boundary. 32.

Any road allowance between an Indian reserve and a town shall be deemed to be in the town, notwithstanding anything herein to the contrary. ALTERATION IN BOUNDARIES. 33.-

(1) Whenever a majority of the resident land own ers of any territory adjacent to a town desire annexation thereto, and present a petition to the council to that effect, the Board of Public Utility Commissioners may, with the consent of the council of the town, make an order annexing the said territory to and making it a part of the town.

(2) No territory shall be annexed to any town unless a plan of subdivision of such territory has been registered in the Land Titles Office for the land registration district within which such land is situated and unless there is erected on such territory at least one building actually occupied as a dwelling-house or place of business, for every five acres included therein.

(3) The Board of Public Utility Commissioners may upon the petition of the council of any town, include within the town and territory adjacent thereto which, from the prox-

11 imity of streets or buildings or the probable future exigen cies of the town, it may be deemed desirable to include therein or to annex· thereto.

(4) Every order for annexation shall take effect on such date and on such terms and conditions as the Board of Public Utility Commissioners may provide. (5) 'The Board of Public Utility Commissioners may, without a petition and of its own motion, exercise all or any of the powers hereinbefore given to it.

PART III. COUNCIL, MAYOR AND COUNCILLORS. INCORPORATION. 34.-

(1) The mayor, councillors and electors of every town and village in the Province now or hereafter created, established or formed are hereby declared to continue to be and to be a body corporate and subject to all the liabilities of a corporation, and- (

a) shall have power to acquire, hold and alienate both real and personal property for all the purposes of the town or village; and (

b) shall have perpetual succession; and (

c) may sue and be sued, implead and be impleaded, answer and be answered unto in all Courts and in all actions, causes and suits at law and in equity whatsoever; and (d,) shall have a common seal with power to alter and modify the same at pleasure; and (

e) shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property, real or personal, for any purpose within its corporate powers; and (

f) shall be in law capable of becoming parties to any contracts or agreements within the pow~rs of the town or village.

(2) The said body corporate shall be capable of acting by the council, and the council shall exercise all powers vested in the corporation by this Act or otherwise. 35. The council shall be a continuing body, notwithstand ing any general or other election. MISCELLANEOUS. FINANCIAL YEAR. 36. The financial year of every town and village shall commence on the first day of January and close on the thirty first day of December in each year.

12 EXECUTION OF TRANSFERS, ETC. 37. All transfers or agreements concerning land shall be executed by affixing thereto the seal of the corporation attested by the mayor and the secretary-treasurer. NAMES OF TOWNS AND VILLAGES. 38.-

(1) In the case of a town the name of the body corporate shall be "The Town of (naming the s(~me) ," and in the case of a village the name of the body corporate shall be "The Village of (naming the same)."

(2) The Minister may from time to Jime alter the name of any town or village upon the petition of a majority of the council and a notice of the alteration shall be published i.n The Alberta Gazette, and in such case the seal thereto fore used by such town or village shall continue to be the seal until changed by the council.

(3) No change of name shall affect any obligation, right, action, or property incurred, established, done or acquired prior to such change. VILLAGE AND TOWN OFFICES. 39. Every town and every village shall have an office at a place named by the council within the corporate limits thereof. CONSTITUTION OF THE COUNCIL OF A TOWN. 40. 'The council of every town shall consist of a mayor and six councillors, who shall be elected in the manner set out in

Part VII. CONSTITUTION OF THE COUNCIL OF A VILLAGE. 41. The council of every village shall consist of three councillors who shall be elected in the manner set out in

Part VII. QUALIFICATION OF MAYOR AND COUNCILLORS. 42. No person shall be qualified to be elected mayor or a member of the council of a town or village unless- (

a) he can read and write; and (

b) he is a British subject; and (C') he is of the full age of twenty-one years; and (

d) he is not disqualified under this or any other Act; and (

e) he is resident in the town or village; and (

f) where there is a voters' list, his name appears thereon otherwise than merely by virtue of relation ship to some other person upon the list, or where there is no voters' list, he has been for a period of at least two months immediately prior to his nomi nation the owner, conditional owner or purchaser

13 of land not exempted from taxation by this Act, within the town or village or of any interest therein, which is of the value of one hundred dollars over and above charges, liens and encumbrances affecting the same; and (

g) his name is on the assessment roll of the town 01' village (or in the case of a first election the assess ment roll of a village, municipal district or improve ment district, part of which is included in the town or village), in respect of land or interest in land not exempted from taxation by this Act, within the town or village, which is of the value of one hun dred dollars over and above charges, liens and en cumbrances affecting the same. 43. The following shall not be eligible to be elected a mayor or a member of the council, or be entitled to sit or vote therein- (

a) any judge of any Court of civil jurisdiction; (

b) any sheriff, deputy sheriff, or bailiff; (

c) any gaoler or keeper of any house of correction; (

d) any constable, assessor, secretary-treasurer, auditor, or other paid official of the town or village; (

e) any person who is for the time being a party to any subsisting contract with the town or village under which any money of the town or village is payable or may become payable for any service, work, matter or thing or who has any pecuniary interest in any such contract whether such interest in direct or indirect; (

f) any person who is surety for an officer or employee of the council; (

g) any person who has been convicted of a criminal offence punishable by death or imprisonment for more than two years. 44.-

(1) Paragraph (.

e) of

section 43 shall not apply to any person by reason only- (.

a) of his being a shareholder in any incorporated com pany having a contract or dealings with the council, unless such contract or dealings are for the building, construction or repair of a public work of the town or village; (

b) of his contracting with the council for the supply to him of any service or commodity which the coun cil has statutory authority to supply; (

c) of his being interested in any publication in which official advertisements of the council appear or which is supplied to the council or any official there of at the usual rates; (

d) of his having a lease of twenty-one years or up wards of any property from the town or village;

14 ( (') of sales of goods and merchandise to the town or village or to persons contracting with the town or village made by a retail dealer in those goods and merchandise incidentally to and in the ordinary course of his business at the ordinary retail price to an amount not in excess of two hundred dollars in anyone year; (

f) of any services rendered by a medical man to indi gents who are residents of the town or village for which the town or village is or may become liable to pay.

(2) No councillor being a shareholder in any company shall vote in the council on any question affecting the com pany, and no councillor being a leaseholder from the town or village shall vote in the council on any question affecting any lease from the town or village. TERMS OF OFFICE OF MAYOR AND COUNCILLORS. MAYOR. 45. The mayor of a town shall hold office for a term of two years, and the mayor of a village shall hold office for a term of one year. TOWN COUNCILLORS. First Election. 46.

In the case of a first election in a town the three can didates first nominated for councillorship in the event of there being no poll, or the three candidates receiving the highest number of votes in the event of a poll being held. shall hold office for a term of twO' years, beginning on the third Monday in February next following the date of the election, and the remaining three candidates elected shall hold office for a term consisting of one year from the same day. GenenLl ElectioJl. 47.-

(1) At every general election in a town held after the first election, three councillors shall be elected .annually and shall hold office for two years commencing on the third Monday in February.

(2) In the event of it being necessary to elect at a gen eral election a person or persons to fill casual vacancies on the council, the candidate or candidates next in order of votes to the councillors elected under the provisions of the preceding subsection shall be elected to fill the vacancy or vacancies and the candidate having the 'greater number of votes shall hold office for the longer period (if any). VILLAGE COUNCILLORS. Fh'st Election. 48.-

(1) In the case of an election in a village the coun cillors elected thereat shall hold office as follows:

15 (

a) The councillor elected first shall hold office from the date of election until the third Monday in February in the third year following the election. (

b) The councillor elected second shall hold office from the date of election until the third Monday in Febru ary in the second year following the election. (

c) The councillor elected third shall hold office from the date of election until the third Monday in Febru ary in the year following the election.

(2) For the purposes of this

section a councillor shall be deemed to be elected first, second or third, as the case may be, if no poll being held his nomination is first, second or third in the order in which the nominations are made, or a poll being held he stands first, second or third on the poll. General Election. 49.-

(1) At every general election in a village held after the first election one councillor shall be elected and shall hold office for three years commencing with the third Monday in February next following his election.

(2) In the event of it being necessary to elect at a general election a person or persons to fill casual vacancies on the council, the candidate or candidates next in order of votes to the councillors elected under the foregoing provisions of this

section shall be elected to fill the vacancy or vacancies and the candidate having the greater number of votes shall hold office for the longer period (if any). Special Election. 50. Every mayor or councillor elected to fill a vacancy caused otherwise than by the effluxion of time shall hold office for the same period as his predecessor would have held office if he had continued to be a mayor or member of the council. GeneTal PTovisions. 51.-

(1) In the event of the number of candidates nomi nated being less than the required number of councillors, the persons to hold office for the longer period shall be ascertained as if the number of candidates were equal to the required number of candidates.

(2) In the event of the first meeting of the council after a general election being held upon a day subsequent to the third Monday in February, then the previous sections relat ing to tenure of office shall be read as if such subsequent day was mentioned in lieu of the third Monday in February. DECLARATION OF OFFICE. 52.-

(1) The mayor and every member of the council shall before entering upon the duties of his office, make and subscribe a declaration of office to the effect of Form B of the

schedule hereto.

(2) Every person making such declaration' shall before entering upon the duties of his office, deposit the same with the secretary-treasurer: Provided that in the case of the mayor and councillors elected at a first election, the said declaration shall be handed to the mayor at the first meeting of the council, to be after wards deposited by him with the secretary-treasurer. MEETINGS AND PROCEEDINGS OF COUNCIL. 53.-

(1) The first meeting of the council after a first or general election shall be held on the third Monday in Febru ary at the place and hour fixed for regular meetings, if any, and if there is no hour fixed, at the hour of two o'clock at a place to be fixed by the secretary-treasurer, if any, and if there is no secretary-treasurer, by the returning officer.

(2) When the third Monday in February is a holiday, the meeting shall be held at the same time on the next sub sequent day which is not a holiday.

(3) The secretary-treasurer or the returning officer as the case may be, shall give written notice of the meeting to each councillor by mailing the same to the councillor's ad dress at least six clear days prior to the date of such meeting, or by personally delivering the same to the councillor, or in the absence of the councillor from his residence, to any adult person thereat, at least three clear days prior to the date of such meeting. 54.

The council of every village shall hold at least six meetings in each year at such times and places as may be fixed by resolution except only in cases where the council is elected after the first day of August in any year, in which case the council shall hold at least three meetings. 55.-

(1) The council may at any meeting at which the mayor and all the members of the council are present decide by resolution to hold regular meetings of the council and the resolution shall state the day, hour and place of every such meeting and no notice of any such meeting shall be neces sary.

(2) The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct, but the person presiding at any meeting may cause any per son guilty of improper conduct thereat to be expelled and excluded.

(3) The council may by unanimous consent waive notice of any first, special or other meeting and hold a meeting at any time, but every member of the council must be present at such meeting. 56. In the case of a town the council shall at its first meeting of each year and also every three months thereafter, elect one of its number as deputy mayor, and in case the mayor through illness, absence or other cause is unable to

17 perform the duties of his office, or in case the office is vacant, the deputy mayor shall have all the powers and perform all the duties of the mayor during such inability or absence. 57. In the case of a village the council shall at its first meeting in each year, elect from among its number a chair man, who shall be known as "the mayor." 58.-

(1) The mayor, or in his absence the deputy mayor, shall preside at every meeting of the council and shall pre serve order and enforce the rules of the council.

(2) If the person who ought to preside at any meeting of the council does not attend within fifteen minutes after the hour appointed for the meeting, another membe'l' of the council shall be elected as chairman to preside at the meeting in the absence of such person. 59.-

(1) A majority of the whole council shall be neces sary to form a quorum.

(2) No act or other proceeding of the council shall be deemed valid or binding on any person which is not adopt ed at a regular or special meeting of the council at which a quorum is present.

(3) The proceedings of the councilor of any committee thereof shall not be invalidated by any vacancy among its members or by any defect in the appointment, election of, or of any disqualification of any member thereof. 60. The council may make rules and regulations for call ing meetings, governing its proceedings, the conduct of its members, appointing committees and generally for the transaction of its business. 61. Every question shall be submitted to the council on the motion of the mayor or any member thereof and no seconder shall be required. 62.-

(1) The mayor or other officer presiding at any meeting of the council may vote with the other members on all questions except where he is disqualified to vote by rea son of interest or otherwise.

(2) Any question upon which there is an equality of votes shall be deemed to be decided in the negative. 63. The mayor when present, and all the councillors present shall vote on every division, unless excused by reso lution of the council, or disqualified from voting by reason of interest or otherwise. 64.-

(1) In the case of a town a special meeting of the council shall be called by the secretary-treasurer when he is required to do so in writing by the mayor or by any three members of the council.

(2) In the case of a village a special meeting of the coun cil shall be called by the secretary-treasurer, when he is l'equired to do so in writing by the mayor 01' by two members of the council.

(3) Written notice of every special meeting stating the time and place when and where it is to be held and in general terms the nature of the business to be transacted thereat shall be given by the secretary-treasurer in the manner provided by this Act.

(4) No business other than that stated in the notice shall be transacted at any special meeting of the council unless all the members of the council are present, in which case by unanimous consent any other business may be transacted, 65.-

(1) The council of a town or village may by by-law provide for an allowance of not more than two dollars, to be paid to the mayor and each councillor attending meetings of the council, for each meeting so attended; and fOI~ the payment to the mayor of a sum of not more than three dollars a day for each day spent by him in the laying out and inspection of works undertaken by the town or village.

(2) A by-law made pursuant to this

section shall be sub mitted to a vote of the proprietary electors and shall take effect only if it is then approved by a maj ority of the electors voting thereon, in the manner prescribed by

Part XII of this Act. RESIGNATIONS, VACANCIES, FORFEITURE OF SEAT. 66.-

(1) Any mayor or councillor may resign his seat in the council and any mayor of a village may resign his position as mayor while retaining his seat in the council, by sending at any time notice in writing of such resignation to the secretary-treasurer, and every such notice shall be brought to the attention of the council at the next meeting. and steps shall be taken immediately by the council to fill the vacancy.

(2) In case the office of mayor of a town becomes vacant by death, resignation or for any other reason, the council shall proceed forthwith to elect a member of the council to hold the office of mayor; and thereupon his seat on the council shall become vacant.

(3) In case the office of mayor of a village becomes vacant by death, resignation or otherwise, the council shall forth With elect some person from among its number to fill the position for the unexpired portion of his year of office, but no vacancy shall occur in the council by reason of such election.

(4) In case any seat in the council of any town or village becomes vacant by death, resignation or for any other reason the council shall forthwith fix a nomination day and appoint a returning officer to hold a special election to fill the vacancy, and the election shall be held as nearly as may be in the manner provided by this Act for other elections; but jf the vacancy occurs within the four calendar months im mediately prior to the second Monday of February the election need not take place, and the vacancy shall be filled at the next general election of councillors, if the term of the vacating councillor has not then expired. 67.-

(1) If after the election of any person as a member of the council, he- (

n) is convicted of felony; or (

b) makes an assignment in bankruptcy for the general benefit of his creditors or is adjudged a bankrupt; or (

c) without being authorized by a resolution of the coun cil so to do absents himself from the meetings of such council for three consecutive months; or (

d) ceases to be a resident of the town or village; or (

e) becomes disqualified from sitting or voting in the council under the provisions of

section 43; or (

f) is convicted of signing an acceptance of a nom inated person containing a false statement- his seat in the council shall forthwith become vacant.

(2) If any elector files an affidavit showing that a member of the council- «(() has forfeited his seat on the councilor his right thereto; or (

b) never was qualified as a member of the council; or (

c) has become disqualified as a member of the council; or (

d) has otherwise vacated his seat- and pays into Court the sum of twenty-five dollars as secur ity for costs to abide the event of the application, the judge may on an ex parte application, direct that notice may be served upon such person of an application for an ordel' ousting him from office, and if upon the hearing of the appli cation the judge upon affidavit or oral evidence is satisfied that the member of the council has forfeited his seat or is disqualified, or that his seat is vacant, the judge may declare his seat vacant or refuse the application and in either case with or without costs.

DUTIES OF MAYOR. 68. The mayor shall be the chief executive officer of every town and village and shall- (.c~) cause the laws governing the town or village to be duly executed;

20 (

b) inspect the conduct of all town or village officers; (

c) so far as may be in his power, cause all negligence, carelessness and violation of duty to be duly prose cuted and punished; and (

d) communicate from time to time to the council all such information and recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and prosperity of the town or village.

APPOINTED COUNCILLORS. 69: If in any town or village the number of councillors required by this Act is for any reason not nominated or elected, or by resignation or otherwise has been reduced to a number less than a quorum, the Minister may appoint some person or persons to fill the vacancies caused thereby, or may, for the purpose of filling such vacancies, direct that an election be held under the provisions of this Act, and appoint a returning officer for that purpose, provided that where those provisions cannot be conveniently applied to the election the Minister may make regulations respecting the time and conduct of and the procedure at or otherwise re specting the election.

PUBLIC MEETING. 70. If so requested at any time by the written petition of twenty electors, the mayor shall, by public notice conspicu ously posted in: at least ten places in the town or village call a public meeting of the electors to be held on the date named in the notice thereof, for the discussion of municipal affairs or of any matter relating thereto.

PART IV. TOWN AND VILLAGE OFFICIALS. APPOINTMENT. Secretary-Treasurer. 71.-

(1) A secretary-treasurer shall be appointed· by by-law by every council at its first meeting after the forma tion of the town or village or so soon thereafter as is prac ticable.

(2) In the event of a vacancy occurring in the office of secretary-treasurer, a successor shall be appointed as soon as practicable.

(3) Whenever a secretary-treasurer is appointed, the Minister shall forthwith be advised thereof by the mayor by prepaid registered mail. In the event of the Minister disallowing any such appoint ment, the mayor shall immediately call a special meeting of the council for the purpose of appointing another person as secretary-treasurer.

21 Assessor. 72.-

(1) Upon the appointment of a secretary-treasurer, the council may by the by-law making that appointment also appoint the secretary-treasurer as assessor.

(2) Unless the secretary-treasurer is also appointed as assessor by the by-law appointing him as secretary-treas urer, the council shall by resolution appoint in each year an assessor who may be the secretary-treasurer. Solicitor'. 73.-

(1) The council may by resolution appoint a solici tor as solicitor for the town or village who shall be a member of the Law Society of Alberta, and his duties and the terms and period of his employment shall be determined by the council.

(2) In case the remuneration of the solicitor is to be paid wholly or partly by salary the town or village shall notwith standing be entitled to tax and collect lawful costs in all actions and proceedings to which the town or village is a party; provided such costs are by the terms of the engage ment of the solicitor payable to him as part of his remuner ation in addition to his salary. Auditor. 74.-

(1) The council shall at its first meeting in each year, or within two months thereafter by resolution appoint an auditor.

(2) An incorporated company or a partnership may be appointed as auditor.

(3) No one shall be appointed auditor who then or during the preceding year is or was- (a.) a member of the council; or (

b) secretary-treasurer of the council; or (

c) interested directly or indirectly in any contract made by the town or village; or (

d) employed by the town or village in any capacity except that of auditor.

(4) Any auditor becoming- (

a) a member of the council; or (

b) secretary-treasurer of the council; or (

c) interested directly or indirectly in any contract madp by the town or village; or (

d) employed by the town or village in any capacity except that of auditor- shall immediately vacate his office.

(5) The appointment of an auditor shall be subject to the approval of the Minister, who shall forthwith be advised thereof by letter and he may disallow the same. In the event of disallowance, the council shall at its regu lar meeting (or if there be no regular m~eting within one

22 month after the receipt by the secretary-treasurer of notice of such disallowance, then at a special meeting called for that purpose and held within the said period of one month) appoint another person, company or firm as auditor, subject to the Minister's disa:Ilowance as aforesaid. Police. 75.-

(1) The council of a town or village may by reso lution appoint a chief of police and such police constables as it deems necessary or expedient for the purpose of carrying into effect the provisions of this Act or of any by-law or resolution of the council, or of enforcing the law.

(2) Every constable shall before entering upon his duties, appear before a justice of the peace, and take and subscribe before him the oath in Form D in the

schedule hereto. (3) 'The mayor may at any time and from time to time by writing appoint one or more special constables within the town or village for such time, not exceeding fifteen days, as shall be.stated in the appointment; and shall report such appointment with the reasons therefor to the council before its next regular meeting.

(4) The authority of every special constable shall cease if his appointment is not confirmed at the next regular meeting of the council. Fire Dep,a,rtment. 76. The council may by resolution appoint officers of its fire department. Health 0 fjicer. 77. The council may by resolution appoint a health officer. License Inspector. 78. The council may by resolution appoint a license in spector. Other Insp.ectors. 79. The council may by resolution appoint street and building inspectors and inspectors under the provisions of The Noxious Weeds Act, 1932. 80.

The council may also by resolution appoint from time to time such other officers, servants or employees as it deems necessary or expedient to appoint for the purpose of carrying into effect the provisions of this Act or any by-law or resolution of the council. GENERAL PROVISIONS. 81. A councillor shall not be eligible for appointment to any town or village office. 82. The council shall not call for tenders from applicants for any office, nor accept any such application if it quotes the pecuniary terms upon which the applicant is willing to hold the office.

23 TENURE OF OFFICE. 83. All officers appointed by the council shall hold office during the pleasure of the councilor as expressed in theil' appointment. SUSPENSION. 84. The mayor may 'suspend any town or village officer and he shall thereupon report the suspension and the reasons therefor to the council, which may either dismiss or reinstate the suspended officer; and in case he is dismissed, no officer so suspended shall, from the date of his sWilpension receive any salary or remuneration. DECLARATION OF OFFICE. 85.-

(1) Every officer of the town or village shall, before entering upon the duties of his office, make and subscribe a declaration of office to the effect of Form C of the

schedule hereto.

(2) The mayor and councillors and the other officers who are required as aforesaid to make a declaration of office shall make and subscribe the said declaration of office b€fore a commissioner for oaths, a notary public or justice of the peace.

(3) The deponent, affirmant, or declarant shall subscribe every oath, affirmation or declaration required under this Act, and the person administering it shall duly administer, certify and preserve the same and shall within eight days deposit the same in the office of the secretary-treasurer, who shall preserve it among the town or village records.

SECURITY. 86.-(1) 'The secretary-treasurer of every town and vil lage shall within one month after entering upon his duties furnish to the town or village security in a penal sum to be named by the council for the due and faithful performance of his duties, by a guarantee bond of a guarantee company authorized to transact business in the Province in such form as may be from time to time prescribed by the Minister.

(2) Every security so furnished shall be renewed at the beginning of each year or changed at other times whenever renewal or change is required by the council.

(3) All the members of a council which permits a secre tary-treasurer to enter upon his duties or discharge his duties at a time when he is not so bonded or guaranteed shall be jointly and severally liable for any default of the secretary-treasurer to the extent of the sum in which the secretary-treasurer should have been so bonded or guaran teed, except only those councillors who appear to have by the minutes of the' council voted in favour of a resolution prohibiting' the secretary-treasurer from entering upon ot discharging his duties at a time when he is not so bonded.

24 PERSONAL LIABILITY. 87. Every officer, servant or agent of every town and village shall be personally liable for any damage arising from his negligent or unlawful acts or defaults or from his refusal or neglect to discharge any of the duties imposed upon him by law or by the by-laws of the council in addition to any penalties otherwise imposed for the 'said acts or defaults. GRATUITIES. 88.

A council may grant any officer who has been in the service of the town or village for at least twenty years and who while in such service has become incapable through age or illness of efficiently discharging the duties of his office a sum not exceeding his aggregate salary for the last three years of his service as a gratuity upon his dismissal or resignation. DUTIES OF OFFICERS. Secretctry-Treasurer. 89. The secretary-treasurer shall- (

a) keep a full and correct record of the proceedings of every meeting of the council in the minute book provided for that purpose and see that the minutes of each meeting are confirmed at the next regular meeting of the council and signed by the mayor or other presiding officer; (

b) enter in the minutes of every meeting the names of the members of the council present at such meet ing and if required by the council, record the name of every member voting and whether aye or nay on any question coming before the council; (

c) conduct the correspondence of the council as directed by it; (

d) transcribe into a special book to be provided for the purpose a true and correct copy of every by-law passed by the council, which copy may be either written or printed or partly written and partly printed and prepare a proper index for such by laws; (

e) take charge of and keep on record all original by laws of the councilor certified copies thereof, books, papers, accounts, assessment rolls, plans, maps, and correspondence committed to his charge by the coun cil during his term of office and deliver the same to his successor or such other person as the council may direct on his ceasing to hold office; (

f) faithfully prepare and duly transmit to the Minister such statements and reports and such other infor mation in regard to the town or village as may from time to time be required by the Minister and in such form as he may direct;

25 (

g) call any special or other meeting of the council in the manner provided by this Act; (

h) produce for inspection the minute and other books and all papers and records of whatsoever kind in his possession when required so to do by an inspector of the Department of Municipal Affairs; (

i) advise the Minister of the names and addresses of all persons. elected as councillors within five days after the first meeting of the council at which they are entitled to be present, and of the name and address of the mayor, within five days of his elec tion; (

j) faithfully prepare and duly submit to the Minister of Education such statements, reports and other information as may from time to time be required by the Minister of Eiducation, and in such form as he may direct; (

k) collect, receive and safely keep all moneys belonging to the town or village from whatever source re ceived; (

l) deposit to the credit of the proper fund as provided for herein, daily or as often as the council may direct, in some chartered bank designated by the council all moneys received by him; (

m) submit all accounts and charges against the town or village which he receives for the consideration of the council; (

n) pay all accounts against the town or village only when they have been passed by the council and cer tified by the mayor or other presiding officer; (0) make all payments on behalf of the town or village by cheque signed by himself and countersigned by the mayor or in his absence by the deputy mayor and drawn on the chartered bank in which the moneys of the town are deposited; (

p) give and take receipts for all the moneys of the town or village received and disbursed and keep on file all vouchers of expenditures; (

q) keep in a cash book or such books of record and in such form as may from time to time be prescribed by the Minister a complete and detailed record of all the financial transactions of the town or village; (1') prepare in the prescribed form and within five days after the end of each month a statement of moneys received by him during the previous month and of the disposition thereof, and submit the statement to the council at its next meeting, and enter a copy thereof in the minutes of the meeting of the council at which it was submitted; (8) produce when called for by the council, auditor, inspector or other competent authority, all books, vouchers, papers and moneys belonging to the town

26 or village and hand over the same to his successor or such other person as the council may direct on his ceasing to hold office; (

t) complete and make ready for the auditor not later than the tenth day of January in each and every year, all books and accounts for the last preceding year; (

u) faithfully perform all other d)lties imposed upon him by this Act and generally carry out such in structions as may be issued to him from time to time by the council. 90.-

(1) The secretary-treasurer shall, if requested, make a search in the assessment or tax roll in respect of any assessable parcel of land and shall, if required, upon receipt of a fee of twenty-five cents, give a certificate under his hand showing whether or not all taxes in respect of such parcel have been paid, and if not, the amount of current taxes and arrears payable against such parcel.

(2) Every such fee shall form part of the general revenue of the town or village. 91.

Any elector may at all reasonable times inspect any account or demand, contract, by-law, report of any commis sioner, or of any committee or of any official of the town or village (other than the ~own or village solicitor or any counsel engaged by the town or village) after the same respectively has been submitted to the council and also the voters' lists, poll books or other documents other than marked ballots relating to any election or voting; and the secretary-treasurer shall within a reasonable time after demand by any elector furnish him with a copy of any such document or part thereof at the rate of ten cents per one hundred words. 92.

A copy of any such book, record, document, or ac count certified under the hand of the secretary-treasurer and the town or village seal shall be received in evidence without proof of the seal of the town or village or of the signature 01' official character of the person appearing to have signed the same, unless the Court or a judge thereof otherwise orders. Auditor. 93.-

(1) The auditor shall in the case of a town at least once in every three months during the year and in the case of a village, at least once a year examine, audit and report upon all books and accounts affecting the town or village or relating to any matter under its control or within its juris diction, and after the examination of every account, voucher, receipt and paid debenture shall stamp thereon in indelible letters the words "Audited" and initial the same; and he shall verify the cash balance as shown by the secretary treasurer's books by counting the cash and in no case shall he certify to the correctness of the books until he has checked up the deposits entered in the cash book with the deposits shown in the bank book.

(2) The auditor shall in every case write a special report respecting all expenditures made contrary to law, by-law or resolution, if there is such expenditure, and shall deliver the said report to the mayor, who shall lay the same before the council at its next regular meeting.

(3) Not later than the last day of February in each year, the auditor shall send out a notice to not less than twenty five per centum of the taxpayers who have not paid their taxes in full, and each such notice shall give a statement of the amount of taxes due by the person to whom it is ad dressed, together with a request that if the amount shown on the notice is incorrect, the taxpayer shall immediately notify the auditor as to the discrepancy. 94. The council may by by-law provide that the auditor or auditors shall audit all accounts before they are paid. 95.-

(1) On or before the twentieth day of January in each year, the auditor shall prepare in duplicate, in such form as the Minister may direct, an abstract of the receipts and payments of the town or village during the next pre ceding financial year, and of the assets and liabilities of the town or village upon the last day of the said financial year.

(2) The abstract shall include a statement of the total amounts of debentures authorized to be issued, those actually issued, those actually sold or otherwise and the disposition thereof, and those remaining on hand.

(3) The auditor shall make in duplicate a special report in respect of any expenditures during the said period which were contrary to law.

(4) The auditor shall forward one duplicate of the said abstract and report to the Minister and shall deliver the other to the secretary-treasurer.

(5) The secretary-treasurer shall, on or before the last Friday in the aforesaid month of January, cause the abstract and report, or a synopsis thereof, to be published in one of the ways following, that is to say: (

a) In a newspaper published or circulating in the town or village; or (

b) By means of the publication and circulation thereof in pamphlet form; or (

c) Where by reason of the shortness of time or other cause, neither of the first mentioned methods is pos sible, then by posting up a copy of the abstract and report .in the office of the secretary-treasurer and in the post office and in each of five conspicuous places within the town or village. Police. 96. The council shall from time to time make such regu lations as it may deem expedient for the government of the police force and for preventing neglect or abuse and for rendering the force efficient in the discharge of all its duties.

28 97. The constables shall obey all lawful directions of and be subject to the orders of the chief of police and shall be charged with the special duty of preserving the peace, appre hending offenders and generally with the performance of all duties which by law devolve upon constables and peace oftIcers. 98. Any member of the force may be dismissed or sus pended by the council at any time. Additionctl Duties. 99. In addition to the duties assigned to them by this or any other Act, the officers appointed by the council shall perform such other duties as may be required of them by the council.

PART V. GENERAL POWERS AND DUTIES OF THE COUNCIL. BY-LAWS. Highways and Public W01'ks. 100.-

(1) The title to all public roads, highways, streets, and lanes in every town and village is hereby declared to be vested in the Crown in the right of the Province and every public road, highway, street and lane shall be subject to the direction, control and management of the council of the town or village in which it is situated, subject, however, to the provisions of The Water, Gas, Electric and' Telephone Com lJanies Act.

(2) The preceding declaration shall be taken to have reference only to the property in the surface of a public road, highway, street or lane and in so much of the actual soil below and the air above the same as may reasonably be required for its control, protection and maintenance as a highway for the use of the public, and to have no reference to road allowances or public travelled roads or trails or new roads vested in the Crown in the right of the Province by virtue of the provisions of 'The Saskatchewan and Alberta Roads Act.

(3) Notwithstanding anything herein contained any street railway company or other electric railway company may, subject to such regulations and specific directions as may from time to time be made and given by the Minister of Railways and Telephones, put down, take up, relay, con nect, disconnect, repair and maintain its track and wiring for the transmission of electricity, or may operate its rail way along, over and across every such public road, highway, street and lane, or bridge, water-course, stream or public place of every and any description whatsoever. 101. The Minister of Public Works shall at all times have the right to enter any town or village for the purpose of con-

29 structing, erecting, maintaining or repmrmg any public work as defined by The Public Works Act. 102. The Ministel' of Railways and Telephones shall at all times have the right to enter any town or village for the purpose of constructing, extending, erecting, maintaining or repairing any part of the Government telephone or tele graph system or systems, or any appliance used in connec tion therewith. 103.

For all such purposes, every public road, highway or other public place, or that part or parts thereof on which such work is being carried on, shall until the work is com pleted be under the direction, control and management of whichever of the said Ministers has charge of the work. 104.~

(1) Subject to the provisions of

section 101 of this Act every public road, street, bridge, highway, lane, alley, square, or other public place which is subject to the direction, management and control of the council, including all cross ings, sewers, culverts and approaches, grades, sidewalks and other works made or done therein or thereon by the town 01" by the village or by any person with the permission of the council shall be kept in a reasonable state of repair by the town or village having regard to the character of the road or other thing hereinbefore mentioned, and the locality in which the same is situated, or through which it passes, and in default of the council so to keep, the same in repair, the town or village shall be liable for all damages sustained by any person by reason of such default.

(2) Default under this

section shall not be imputed to a town or villruge in any action without proof by the plaintiff that the town or village knew or should have known of the disrepair of the road or other' thing hereinbefore mentioned.

(3) No action shall be brought under the provisions of this

section except within one year after the date on which the cause of action arose, and unless notice in writing of the accident has been mailed to or served upon the secretary treasurer within one month after the date on which the cause of action arose: Provided, that in the case of the death of the person in jured, or if the Court or the judge before whom the action is tried, considers there is a reasonable excuse for the want or insufficiency of the notice and that the defendant has not been prejudiced in its defence, the want of notice required under this

section shall be no bar to the maintenance of the action. 105. The last preceding

section shall not apply to any road, street, bridge, alley or square, crossing, sewer, culvert, sidewalk or other work made or laid out by any private person until the same has been established as a public work by by-law or has been assumed for public use by the council.

30 ACQUISITION OF LAND AND BUILDINGS. 106.-

(1) Every council may pass a by-law authorizing the purchase, lease or othel' acquisition of land within or without the town or village or of any interest therein- (

a) for the purpose of erecting thereon municipal offices; (

b) for the purpose of erecting thereon a lock-up, weigh house, market, community hall, skating rink, curling rink, or swimming bath; (

c) for a public park, walk or exhibition or recreation ground; (

d) for a nuisance ground; (

e) for a cemetery; (

f) for a quarry, gravel or sand pit; (

g) for the purposes of a ferry; (

h) for use as a highway, road, street, alley, by-law or for the construction of bridges; (

i) for the purpose of preventing the operation of any or all coal-mines or coal-pits within, upon or under any part of the town or village; (

j) for the purpose of erecting, constructing or install ing thereon any works, buildings, dams, pipes, ma chinery or plant necessary or incidental to the pro visions of a water supply.

(2) When any council acquires a cemetery under the pro visions of this Act, sections 20 to 33 inclusive of The Ceme t.ery Act shall apply thereto. 107. Every council may pass a by-law authorizing the erection, purchase, acquisition by gift or improvement of municipal offices lock-ups, weigh-houses, community halls, skating rinks, curling rinks, swimming baths and all such buildings as may be necessary for use in public parks or exhibition or recreation grounds or on other land which the council is authorized to acquire for municipal purposes: Provided, however, that a resolution shall be sufficient to authorize the furnishing, maintenance and ordinary repair of any such building. 108.-

(1) Every council may pass a by-law authorizing the acquisition of rights-of-way or easements or other similar interests in land for the use of the town or village: Provided, however, that in anyone year no expenditure or liability shall be made or incurred under the provisions of this or the two preceding sections so as to cause the ex penditure or liability under such sections in that year to be in excess of five hundred dollars until a by-law authorizing such expenditure or liability has been submitted to the proprietary electors and passed by a majority of the electors voting thereon in the manner prescribed in

Part XII with regard to by-laws authorizing debenture loans.

(2) Every council may pass a by-law or resolution author izing the construction, maintenance and repair of highways, roads, streets, lanes, bridges, culverts, ditches and drains. EXPROPRIATION. 109. If the council desires to acquire land included in a plan of subdivision registered in a Land Titles Office for any purpose authorized by this Act and if it cannot acquire the land at a fair price by agreement with the owners or occu piers thereof or other persons interested therein, it may acquire the same by expropriation in the name and on behalf of the town or village. 110.

The council shall make to the owners or occupiers or other persons interested in any land taken by the town or village in the exercise of any of the powers conferred by this Act due compensation therefor and pay damages for any land or interest therein injuriously affected by the exer cise of such powers, the amount of such damages being such as necessarily result from the exercise of such powers beyond any advantage which the claimant may derive from the con templated work; and any claim for such compensation or damages, if not mutually agreed upon, shall be determined by arbitration under this Act. 111.-

(1) Before taking any land the councilor commis sioners shall deposit with the secretary-treasurer plans and specifications showing the land to be taken or used and the work to be done thereon and the names of the owners or occupiers thereof, according to the last revised assessment roll.

(2) The secretary-treasurer shall thereupon notify such owners and occupiers of the deposit of the said plans and specifications and of the date of the deposit and that all claims for compensation for the land so to be taken and the amount and particulars thereof must be filed with him within fifteen days from the date of the deposit of the plans and specifications and the amount of the compensation shall be ascertained as of the date of the deposit.

(3) If any claimant under this

section does not file his claim within the period hereinbefore limited it may be barred and extinguished on an application to a judge upon such terms as to notice, costs and otherwise as the judge may direct. 112.-

(1) In case any land not taken for any work or undertaking constructed, made or done by the councilor commissioners under the authority of this Act is injuriously affected by the work or undertaking, the owner or occupier or other persons interested in the land shall file with the secretary-treasurer, within thirty days after notice has been given in a local newspaper of the completion of the work, his claim for damages in respect thereof, stating the amount and particulars of his claim.

(2) The notice shall be given by the secretary-treasurer forthwith after the person in charge of the work or under taking has given his final certificate and shall state the last day on which any claim, under this

section may be filed.

(3) The date of publication of the notice shall be the date in respect of which the damages shall be ascertained.

(4) Any claim under this

section not made within the period hereinbefore limited shall be forever barred and extinguished. 113. Any claim for compensation for land taken or dam ages in respect of land injuriously affected shall be deemed appurtenant to the land and shall pass with any transfer or conveyance of the land. 114.-

(1) In the case of land which the town or village has authority under this Act to take without the owner's consent, corporations, tenants for life, guardians, commit tees and trustees shall on behalf of themselves, their suc cessors and heirs respectively and on behalf of those whom they represent (whether infants, issue unborn, lunatics, idiots or others) have power to act as well in reference to any arbitration, notice and action under this Act as in con tracting for and conveying to the town or village any such land or in agreeing as to the amount of damages arising from the exercise by the council of any power in respect thereof.

(2) If there is no such person who can so act in respect of any land or if any person interested in respect of any land is absent from the Province or is unknown or in case his residence is unknown or he himself cannot be found, a judge may appoint a person to act in respect of the same for all or any of the said purposes.

(3) If any person acting as aforesaid has not the absolute estate in the property, the town or village shall pay the amount to be paid in respect of the property as a judge shall direct into Court and the town or village shall not be bound to see to the application of any sum so paid. 115.

The compensation or damages which may be agreed upon or awarded for any land taken or injuriously affected as aforesaid, shall stand in the stead of the land and shall be subject to the limitations and charges, if any, to which the land was subject and any claim to or incumbrance upon the land or to or upon any portion thereof shall as against the town or village be converted into a claim to the money so agreed upon or awarded or to a like proportion thereof. 116.-

(1) If any person to whom the compensation or damages or any part thereof is payable refuses to execute the proper transfer, discharge or other instrument or cannot be found or is unknown, the town or village may pay the compensation or damages into Court and thereupon the

33 judge on the application of the town or village may grant an order vesting in the town or villa'ge the absolute title to the land in respect whereof such compensation or damages have been paid into Court.

(2) A notice in such form and for such time as a judge may direct shall be inserted in a newspaper of the town or village, or in case there is no newspaper published in the town or village in a newspaper circulating therein, notifying persons entitled to compensation or damages in respect of any land or part thereof so taken or injuriously affected to file their claims to the said compensation or damages or any part thereof; and all such claims shall be received and ad judicated upon by the judge.

(3) Any judgment in such proceedings shall forever bar all claims to or in respect of the lands or any part thereof and all interest therein and to the compensation or damages therefor and the judge shall make such order for distribu tion, payment or investment of the money and for securing the rights of all persons interested therein as may be neces sary. 117.

The council in all cases where claims for compensa tion or damages are made against a town or village under which the provisions of this or any other Act are declared to be the subject of arbitration in the event of the parties not being able to agree, may tender to' any person making a claim such amount as it considers proper compensation for the damages sustained or the land taken; and in the event of the non-acceptance by the claimant of the amount so tendered and of the arbitration being proceeded with, if an award is obtained for an amount not greater than the amount so tendered, the costs of the arbitration and award shall unless otherwise directed by the arbitrator be awarded to the town or village and set off against any amount award ed against it. 118.

Where a claim is made for compensation or dam ages by the owner or occupier of or other person interested in land taken by the councilor which is alleged to have been injuriously affected in the exercise of any of the powers of the council, in the event of the council not being able to agree with the claimant as to the amount of compensation or damages the same may be settled and determined by the award of a judge or of a barrister to be appointed by him. 119. The fees to be paid to a judge or to the barrister appointed by him in any arbitration shall be as follows: (

a) For every meeting where the arbitration is not pro ceeded with but an enlargement or postponement is made at the request of either party, three dollars; (

b) For every day's sitting to consist of not less than six hours, twenty dollars;

34 (

c) For every sitting not extending to six hours, (frac tions or parts of hours being excluded) actually proceeded with, for each hour occupied, three dol lars. 120. The reference of any claim to a judge shall not be deemed to be an admission of any liability on the part of the town or village and all defences and objections shall be open to either party as if an action had been brought. 121.

The judge or other arbitrator may award the pay ment by either of the parties to the other of the costs of the arbitration or of any portion thereof and may direct the scale on which costs shall be taxed, in which case the costs shall be taxed by the officers of the Court without any fur ther order; and the amount so determined shall be payable within one week after taxation. 122.-

(1) In the case of an award under this Act the judge or other arbitrator shall take and immediately after making of the award shall file with the secretary-treasurer for the inspection of all parties interested, full notes of the oral evidence given on the reference and also all document ary evidence so given or a copy thereof; and in case he pro· ceeds partly on a view or on any knowledge or skill possessed by him, he shall also put in writing a statement thereof. (2) 'The award shall not be binding on the town or vil lage unless it is adopted by the town or village by by-law within one month after the making of the award; and if not so adopted the property shall stand as if no arbitration had been held and the town or village shall pay the costs of the arbitration. 123.-

(1) Whenever any council desires to expropriate land not included in a plan of subdivision registered in a Land Titles Office for any purpose hereinbefore authorized, or which is necessary for the use, construction, mainten ance or repair of any work authorized by this Act, or for obtaining better access thereto, it may pass a by-law for that purpose, and thereupon may for such purpose enter into and upon the land and take possession of the same in whom soever vested, by surveyors, engineers, foremen, agents, workmen and servants. . (2') All land so entered upon shall be surveyed and marked on the ground by a duly qualified surveyor within six months of the date of entering upon the land and the surveyor shall prepare plans in triplicate for the same.

(3) The plans shall be certified by the surveyor in the form set out in Form 00 of the

schedule hereto, and shall be certified by the secretary-treasurer in Form PP of the

schedule hereto, and shall be approved by the Director of Surveys of the Province of Alberta, and the secretary treasurer shall deposit one of the originals in his own office, another in the proper Land Titles Office, and the third in

35 the Department of Public Works of the Province of Alberta; and nothing herein contained shall be taken to require the survey to be made or plan to be prepared before or at the time of the entry upon the land.

(4) Upon the deposit in the Land Titles Office of the plans of survey, the registrar shall, notwithstanding the provisions of any other Act, immediately file the same, and thereupon the land shown on the plans shall, in the case of land taken for a highway, road, street, lane, bridge, culvert, ditch or .drain, vest in the Crown in the right of the Province, and in all other cases in the town or village, subject to the right of any person who has acquired any interest in the land, to compensation as provided for herein.

(5) After having filed the plans, the registrar shall fur nish the council with a statement of all fees payable in consequence of the filing and the council shall forthwith pay the same.

(6) The Crown shall not be entitled to any mines or min erals, whether solid, liquid or gaseous, which may be found to exist within, upon or under any land vested in the Crown or the town or village under the pJ;'ovisions of this section, unless the same are expressly purchased, and the title to any such mines or minerals shall in no wise be affected by the filing of any plans of survey as herein provided.

(7) The provisions of The Land Titles Act shan~ mutatis mutandis apply with respect to plans filed under this Act.

(8) Within thirty days of the filing of the plans, or if no plans have been filed, within six months of the date of the entry upon the land for any purpose, the council shall serve or cause to be served by registered mail, upon all persons shown by the records of the Land Titles Office to be interested in the land so vested, or so entered upon, as the case may be, a compensation notice setting forth the compensation which it is ready to pay for the land so vested or in respect of damage to the land so entered upon as the case may be, and a copy of this

section shall be sent along with such notice: Provided that when compensation is claimed by two or more persons who are unable to agree as to a division there of, the town or village may pay the same to the Clerk of the Supreme Court whose office is nearest to the land affected, to be paid out to the parties interested in such pro portion as may be ordered by a judge of the Supreme Court on application therefor.

(9) If any person entitled to compensation for lands so taken or damages is dissatisfied with the amount offered therefor, he shall within two months from the date of the mailing of the compensation notice inform the secretary treasurer in writing of such dissatisfaction, stating the amount he claims as compensation or damages, and the facts in support of his claim.

(10) In the event of no claim for increased compensation or damages being received by the secretary-treasurer within the said period, the person entitled to compensation or dam ages shall be deemed to be satisfied with and shall be bound to accept the amount of compensation or damages mentioned in the compensation notice.

(11) The council shall consider every claim for increased c'ompensation or damages and shall notify the claimant of its decision in respect thereto by registered letter addressed to the claimant's last known place of abode.

(12) The claimant, if dissatisfied with the decision of the council, may within two months after being notified as aforesaid of its decision, or where no plans have been filed, within six months after entry upon the land for any purpose whatsoever, give notice in writing to the secretary-treasurer, either personally or by registered letter, that he will submit to arbitration the claim made by him for compensation in respect of land taken or for damages, as the case may be.

(13) The claimant shall, with the notice of submission to arbitration, deposit with the secretary-treasurer as security for the costs of the arbitration, a sum equal to ten pel' cent of the amount in dispute, but not in any event less than twenty-five dollars; Provided, however, that in place of a money deposit the claimant shall be entitled to deposit a bond with two sureties satisfactory to the secretary-treasurer, but in double the amount of the money deposit.

(14) If the claimant does not so notify the secretary treasurer and make the required deposit within the appoint ed period, he shall be deemed to have accepted the council's decision and shall not thereafter be at liberty to question it.

(15) The only costs allowable upon any arbitration under this

section shall be the arbitrators and witnesses' fees.

(16) All allowable costs and expenses shall be in the dis cretion of the arbitrators; and in the event of costs being awarded against the claimant, the council shall be entitled to deduct the costs of the town or village and the expenses of the arbitration out of the moneys deposited by the claim ant, and the surplus, if any, shall be returned to the claimant.

(17) In the event of the claimant not being required to pay the costs of the town or village incurred in the arbitra tion, the full amount deposited by him shall be returned to him or the bond delivered up to be cancelled.

(18) In estimating the amount to which the person divested of any land is entitled, the arbitrators shall consider and find separately the value of the land taken and of all improvements thereon; the damage, if any, to the remaining property of such person and the original cost only of extra fencing which may be necessary by reason of the taking of the land, and if the value of the remaining property of such person is increased by reason of the construction of the public work through the property, the increase of value shall

37 be deducted from the amount so estimated and found, and the balance, if any, shall be the amount awarded to the claimant. 124.-

(1) The council may pass a by-law for the pur pose of closing and selling or leasing any public street, lane, road or highway, the subsoil of which is not vested in the Crown.

(2) Notice of the intention of the council to pass such a by-law shall at least two weeks prior to the date fixed for the passing thereof be served upon the occupiers of and the persons registered as the owners of, or otherwise interested in, the lands abutting upon the portion of the street, lane, road, or highway so proposed to be closed, either by deliver·· ing the notice personally or by mailing it by registered mail to the addresses as shown by the last revised assessment roll or by the records of the Land Titles Office for the registra tion district within which the land is situated.

(3) The notice shall also be published once each week for at least two consecutive weeks in some newspaper pub lished in the town or village or if there be no such news paper in some newspaper circulating therein; the last of such publications shall be at least two weeks before the date fixed for the passilW of the by-law.

(4) Before the passing of the by-law any person claim ing that any land in which he is interested as owner, occupier or otherwise, will be prejudicially affected thereby and peti tioning to be heard shall be afforded an opportunity to be heard either by himself or his agent; and any person occupy ing, owning or otherwise interested in land sustaining dam ages thereby shall be compensated for such damages as here inbefore provided.

(5) No by-law for the closing of any public street, lane, road or highway leading to any river or situated on the bank of any river, stream, lake or other water shall take effect until approved by the Minister. TEMPORARY ROADS. 125. Every council may pass a by-law for the opening and maintaining. of a temporary road or right-of-way for public purposes for a term not exceeding two years, across any private property or properties when in the opinion of the council the condition of the public roads in the neigh bourhood makes such action necessary or expedient. 126. Every council which passes a by-law under the last preceding

section shall pass a by-law for the purpose of providing funds for the payment, in every such instance, to the owners or occupants of any land so opened as a tem porary road, such compensation for the use thereof and for any and all damages occasioned thereby, as may be mutually agreed upon between the council and the persons interested

38 or in the event of a disagreement such compensation as may be determined by arbitration under the provisions of The Arbitration Act. Disposal of Lands. 127.

The council may pass a by-law for the purpose of selling, leasing or otherwise disposing of, or to devote to some other municipal purpose in whole or in part, any prop erty acquired by the town or village by gift or otherwise for a specific purpose when the property in the opinion of the council is no longer needed for such purpose, subject to the approval of the proprietary electors obtained in the same manner as a vote upon a debenture loan: Provided that the council may sell any land formerly part of a highway, road, street or lane, but not required for such highway, road, street or lane, with the approval of the De partment of Public Works. 128.

The council may pass a by-law for the purpose of selling, leasing or otherwise disposing of lands finally ac quired under the provisions of The Tax Recovery Act. 129. The council of every town and village may by by-law provide- (

a) for the establishment and regulation of public mar kets and imposing penalties for fraudulent practices or breach of contract therein; (

b) for the prohibition of the sale or offering for sale of 'goods or merchandise on streets, lanes, or other public places; (

c) for the establishment of public scales for weighing or measuring, and for the compulsory weighing or measuring thereon or thereby of anything sold by weight or measurement, for the fees to be charged for the use of such scales, and for prohibiting the charging of any fee for the use of scales other than the public scales; (

d) for the prevention of cruelty to animals; (

e) for preventing the public exhibition or display in or near any street, lane or other public place of placards, play bills, posters, drawings, writings, or pictures of an indecent nature or which are designed or may tend to corrupt, demoralize or offend the public or individuals, and for the removal of the same; (

f) for preventing the pollution of any public water within the corporate limits and regulating the use thereof by bathers; (

g) for preventing children being in public places with out proper guardianship after a certain hour at night, which hour may be fixed by the by-law; (

h) for prohibiting the placing of any obstruction on, over or under any street, lane or other public place

39 and for compelling the removal of any such obstruc tion by or at the expense of the person by whom or by whose direction the obstruction is so placed, or by or at the expense of the occupant of the premises connected therewith, and providing that any ex penses incurred by the town or village in the removal of any such obstruction may be recoverable by dis tress upon the goods and chattels of the person by whom or by whose direction any obstruction is so placed in the same manner as if such expenses were taxes levied pursuant to this Act and so recoverable; (

i) for regulating the use of sidewalks within the town or village and for requiring the removal of snow, ice or dirt therefrom by the occupants of properties fronting or abutting thereon, and providing that if any such occupant makes default in removing any snow, ice or dirt removable by him, q,ny expenses incurred by the town or village in so doing shall be recoverable by distress against the goods and chat tels of the occupant in the same manner as if such expenses were taxes levied pursuant to this Act and so recoverable; (

j) for preventing, regulating and controlling the erec tion and use of billboards, signs or other advertising devices, and for preventing the defacing of private or other property by printed or other notices or markings; (

k) for preventing the reckless riding or driving of any animal or vehicle within the town or village; (

l) for regulating and controlling the size of roofs, walls, beams, joists, rafters and other supports in all build ings within the town or village; (

m) for prohibiting the erection or structural alteration of any building within the town or village until a permit therefor has been issued permitting the same; (

n) for the zoning of the town or village and the regu .lation and construction of buildings in specified zones as may be recommended or approved under the pro visions of The Town Planning Act, 1929; (0) (p) (

q) for regulating the erection of radio-aerial wires within the town or village or of poles or standards connected therewith; for regulating parades or processions over and along any street or streets within the town or village, and for prohibiting the passage of any parade or pro cession over any or all streets within the town or villa:ge unless and until a permit therefor has been issued by the mayor, or the council by resolution has expressly permitted the same; for preventing loitering, disorderly or u:nseemly conduct, or the use of obscene or offensive language on any street, lane or other public place.

40 130. For the prevention or extinguishing of fires within the town or village, the council may pass by-laws providing for any or all of the following: (

a) The purchase of apparatus and equipment for ex tinguishing fire and preserving life and property from injury or destruction by fire; (

b) The building of fire walls and the granting of bonuses to assist in the building thereof; (

c) Compelling male adults for the time being in the town or village to assist in the extinguishing of fires and to assist in the prevention or the spread thereof; (

d) The prevention of interference with the efforts of persons engaged in the extinguishing of fires or prevention of the spreading of fire by regulating the cond~.lCt of the public at or in the vicinity of any fire; (e) 'The regulation of the storage of explosives or other highly inflammable or dangerous matter and the prohibition of the storage thereof except by permit authorized by resolution of the council; (

f) The prevention of the erection or placing of any building, erection or other structure within areas prescribed in the by-law unless- (

i) the main walls thereof are made of brick, con crete or stone; (ii) the roof thereof is constructed of incombustible materials; (

g) The prevention of structural alterations to any existing building, provided such existing building does not conform in structure to the building regu lations governing construction in any defined area; (

h) The razing or removal at the expense of the owner thereof of any building erected or placed in con travention of any by-law passed under the provi sions of this Act; (

i) The regulation of the construction of chimneys and enforcing the proper cleaning thereof at stated in tervals either by licensed chimney sweeps or other wise, the licensing of such sweeps and the fees chargeable for every such license; (

j) The licensing of persons doing electric wiring, the fees to be charged therefor and the supervision thereof; (

k) The r:gulation of the method of lighting, the con structIOn of doors, the width of aisles, the provision of fire escapes in or leading to places of public accommodation or assembly, and generally all mat ters relating to the construction, maintenance or conduct of such places as in the safety of the public may be deemed convenient;

41 (

l) Requiring that no building shall be used as a public garage or machine shop unless it be provided with a concrete floor, and prohibiting the use of any build ing for such purpose unless it be separated from all other buildings by a clear space of not less than one hundred feet; (

m) The disposal of ashes or combustible refuse and pro hibiting the placing or retention of such in or on property, public or private, except in fire-proof containers; (

n) The appointment of a fire marshall and requiring that he be given access at reasonable hours to places either public or private for purposes of inspection of premises; ( 0) N otwi thstanding any other of the provisions of this Act, any other matter or thing for the protection of life or property as may be deemed proper. 131.-

(1) The council may pass by-laws under the provisions of The Domestic Animals Act (Municipalities).

(2) Notwithstanding the provisions of The Domestic Animcds Act (Municipnlities), or any other Act, the council may pass a by-law or by-Iaws- (

a) restraining and regulating the running at large or trespassing of poultry or other animals and for pro viding for distraining and impounding them and for determining the compensation to be allowed for carrying out the provisions of such by-law and for services rendered in respect to and sustenance supplied for animals distrained or impounded; (

b) for appointing poundkeepers and providing suffi cient yards, buildings and enclosures for the safe keeping of such animals as it may be the duty of the poundkeeper to impound; (

c) for appraising the damages to be paid by the owners of animals impounded for trespassing; (

d) for providing for the sale of animals impounded in case they are not claimed within a reasonable time or in case the damages, costs, and expenses are not paid; (

e) for notices of such sale and for redemption of such animals or poultry; and (

f) prohibiting any person from allowing any animals or poultry of which he is the owner or has control to run at large within the town and village and providing penalties for the breach thereof: Provided that no poundkeeper holding a sale under the provisions of such by-law, shall be required to take out a license as an auctioneer.

(3) Upon the passing of such by-law the provisions shall have effect in lieu of The Domestic Animals Act (MuniCi palities) .

42 PUBLIC HEALTH. 1.32. The council may pass a by-law providing for the health of the town or village and against the spread of con tagious or infectious diseases and appointing and defining the duties of a health officer, and engaging such nurses as may be deemed at any time necessary to provide for the care of the indigent sick. 1.33.

The council may pass a by-law providing for en gaging the services of a medical practitioner and for the employment of one or more public health nurses to inspect the schools, to conduct child welfare stations and to give instructions and advice on all matters of public health, and authorizing arrangements with the Department of Public Health and with any city, town, village or municipal district as to the sharing of expenses in connection with the em ployment of such persons. 1.34.

The council may pass a by-law for the purpose of taking over, purchasing, erecting, maintaining and regulat ing hospitals or granting aid for the erection and mainten ance of the same either by direct payment or by guarantee ing the repayment of the principal and interest of any loan obtained by the hospital authorities, provided that the amount of the guarantee together with the debenture indebt edness of the town or village shall not exceed twenty per centum of the rateable property of the town or village and the by-law shall be subject to the ratification of the by-law by two-thirds of the burgesses voting thereon . • 1.35.

The council may pass a by-law for the purpose of preventing the burial of the dead within the corporate limits. 1.36. The council may pass a by-law providing for the proper scavenging of the town or village and fixing a sched ule of rates to be charged by scavengers; which rates may be assessed against such owners or occupiers of land as may seem fit to the council and may be charged against them and the land owned or occupied by them in the same manner as taxes. 1.37.

The council may pass a bY-law, subject to the pro visions of The Public Health Act, for the purpose of con structing and controlling such sewers, drains and ditches either within or without the corporate limits as may be ex pedient to secure the proper drainage of the town or village and the disposal of the sewage thereof. 1.38. The council may pass a by-law for the purpose of regulating nuisance grounds and making provision for the disposal of the refuse by licensed scavengers or otherwise.

43 139. 'The council may pass a by-law preventing or regu lating and controlling the erection and use within the cor porate limits of slaughter-houses or of other premises whel'e obnoxious businesses are carried on. 140.

The council may pass a by-law preventing nuisance and compelling the abatement thereof generally, and declar ing any building, structure or erection of any kind whatso ever, or any drain, ditch, water-course, pond, surface water or other matter or thing in or upon any private lands, street or road, or in or about any building or structure, to be a nuisance and dangerous to the public safety or health, and directing the removing, filling up or other abatement of such nuisance. 141.

The council may pass a by-law for the purpose of inspecting and regulating slaughter-houses within or with out the town or village' from or through which food is brought for sale within the town or village, and framing and enforcing building and sanitary regulations for the said slaughter-houses. 142.

The council may pass a by-law for the purpose of inspecting and regulating dairies and all other places within or without the town or village from or through which food is brought for sale within the town or village and framing and enforcing building and sanitary regulations for the said dairies and other places. 143. The council may pass a by-law regulating the sale of any

article used for food or drink and providing for the inspection of the same and for seizure and forfeiture of such articles offered or exposed for sale contrary to any such by-law. 144. The council may pass a by-law regulating and con trolling the use of wells and other sources of supply of water for the town or village and making provision for a supply of water and regulating the use of and the rates to be paid for the same and preventing the putting of anything prejudicial to health in any stream or any body of water usable for a water supply. 145.

The council may pass a by-law providing for the collection of water rates and fixing the time Or times when, and the places where the rates are to be payable and allowing a discount for the prompt payment of the rates and imposing penalties in respect of failure in the punctual payment there of, as in the case of general municipal taxes; and in case of default in payment, the enforcement of payment by shutting off the water or by action in any court of competent juris diction, or by distress upon and seizure of goods and chattels of the owner or occupant, or making the said rates in default a charge against the property to which the said water supply

44 was given, such charge to be subject to the same penalt~es and be collectible by the same procedure as other taxes levIed by the town or village. 146. The council may pass a by-law for the purpose of entering into an agreement with the Department of Agri culture of the Government of Canada, for the control of bovine tuberculosis in the cows from which any supply of milk and cream for the town or village is obtained. 147. The council may pass a by-law for the purpose of preventing or regulating and controlling the construction of privy vaults, out-buildings and cesspools, and providing for the keeping of the same in a proper state of cleanliness. INDIGENTS. 148.-

(1) The council of every town and village shall, subject to the following subsections of this section, make provision for the maintenance or partial maintenance of its indigent residents and for their care and treatment when sick.

(2) The council may in cases of sudden or urgent neces sity make similar provision for indigent and indigent sick persons who are temporarily within the corporate limits but are not resident therein.

(3) All such provision for the relief of indigent or the treatment of indigent sick persons shall be made by means of a written order.

(4) When an indigent resident receives medical advice, attendance or medicines given by a medical practitioner at a first visit, the town or village shall be liable to pay to the medical practitioner any proper charges in respect of such first visit, notwithstanding the absence of a written order, if the medical practitioner concerned certifies that the case was, or that he was informed the case was, one of sudden and urgent necessity: Provided, however, that the town or village shall not be liable for any charges other than for the said first visit unless the medical practitioner is authorized to continue to treat the said indigent person by a written order from a propel' officer of the town or village.

(5) Any member of the council, and the secretary-treas urer of the council, may sign and issue any of the written orders mentioned in this'

section on behalf of the council of which he is a member or by which he is employed, as the case may be.

(6) Where, under the provisions of this section, the coun cil of a town or village assists any indigent person or causes to be treated any indigent sick person, who is not a resident of the town or village, then the city, town, village or municipal district of which the said person is a resident at the time of assistance or treatment, or the Minister, if

45 the person is a resident of an improvement district, shall upon demand repay the actual expenses incurred by the council.

(7) The liability of any town or village for the hospital treatment of indigent sick persons shall be governed by the provisions of The H osp'itals Act.

(8) Any sum paid by the council and the value of any assistance given under the provisions of this Act or The Hospitals Act shall constitute a debt due from the person for whose relief, care or treatment it was paid or given or who was legally responsible for the maintenance of that person and may be recovered by the secretary-treasurer from him by action or by distraint upon any of his goods or chattels found within the Province, or by resolution of the council it may be added to the taxes levied by the town or village against any land of which that person is the owner, and may be collected and enforced by any of the modes by which taxes may be collected and enforced.

(9) The council shall have a charge upon the lands owned by any such person situate within the Province for the expenses incurred under this Act or The Hospitals Act and may lodge a caveat for the protection of such charge in the proper Land Titles Office.

(10) In any case in which a town or village has granted relief under this Act or The H osp'itals Act or The Mothers' Allowance Act to any person resident in the town or village in respect of whom the town is legally chargeable on account of such relief, the liability of the town or village under the said Acts shall continue so long as such relief is either paid or payable, and for three months after the discontinu ance thereof.

(11) Every Act or Ordinance incorporating any city, or forming part of the charter thereof, shall include the fol lowing: "Every city shall, with regard to indigents resident there in, be under the same liabilities to make provision for the relief of such persons and shall have the same right to recover the expenses thereof as are imposed upon or given to any town or village by The Town and Village Act.

"If any resident of a city, whilst receiving relief under the provisions of this Act or of The Hospitals :Act or of The Mothers' Allow(!;nce Act, by reason of his indigency 01' straitened circumstances, or within three months after receiving any such relief, moves into some other municipal ity, that municipality shall not be liable to provide for the maintenance, care or treatment of such person, but the city shall continue to be liable as if such person continued to be resident therein."

(12) For the purposes of this section- (a) "Hospital" means a hospital approved by the Min ister of Health under the provisions of The Hospitals Act;

46 (b) "Indigent person" means a person who is actually destitute of means from his own resources of obtain ing the food, clothing, shelter and medical attend ance necessary for his immediate wants; (c) "Resident" means- (

i) any person who has had his home in the town or village for at least three successive months of the six months immediately preceding the date of his application to the council for assist ance, or the date of his application to the coun cil for admission to a hospital, as the case may be; and (ii) any person not having had a home as last afore said, who has been a sojourner within the town or village for at least three successive months of the six months immediately preceding the date of his application to the council for assistance, or the date of his application to the council for admission to a hospital, as the case may be: Provided always that any such person had, at the date of such application, no permanent home elsewhere than in the Province. 149.

The council shall have power, subject to the consent of the Lieutenant Governor in Council and within the limita tions and restrictions and under the conditions set forth in any Order in Council in that behalf to borrow from any bank or person, such sums of money as may be necessary for the purpose of purchasing coal, wood, or other fuel, and temporarily to operate fuel yards by purchasing supplies of such fuel and selling and disposing of the same in anticipa tion of or during a period of such scarcity or failure of supply of fuel, or such threatened scarcity or failure of supply thereof, as may appear to create an emergency. 150.

The council may by by-law provide for the payment, out of the current revenue for the year, of grants to the Canadian Red Cross, to any association established under

An Act to Incorporate the Canadian Legion, to agricultural societies, to boards of trade, and to incorporated mechanics' and literary institutes, of such amounts as may be set out in the by-law. Needy Persons. 151. The council may pass a by-law for the purpose of granting aid or relief to any needy person who is a resident of the town or village. Doctors. 152.

The council may pass a by-law for the purpose of making an annual or other grant to a duly licensed medical practitioner residing and practising in the town or village or to a duly licensed medical practitioner as an inducement for him to reside or practise his profession in the town or village or guaranteeing the income or a portion of the in-

47 come of such practitioner in considerat.ion of such residence and practice; providing, however, that the amount paid in anyone year under such guarantee shall not exceed five hun dred dollars. DOG TAX. 153. The council may pass a by-law for the restraining and regulating the running at large of dogs and imposing a tax on the owners, possessors or harbourers of dogs and directing the killing of dogs running at large, contrary to any such bY-law, and may thereby provide that any person who keeps or harbours any dog in respect of which the cur rent tax is not paid shall be liable on

summary conviction to the penalty by this Act provided for the breach of a by-law. NUMBERING STREETS. 154. The council may pass a by-law for the naming or numbering the streets or the avenues and changing the names and numbers or any of them now existing or ·here after laid out within the town or village. HOLIDAYS. 155.-

(1) The council may pass a by-law for the purpose of creating and proclaiming any day as a civic holiday with in the town or village.

(2) The council may by by-law require that during the whole or any part of the year any class of shops shall be closed and remain closed on anyone day of the week after the hour of 12 o'clock noon or such later hour as may be deemed advisable.

(3) A pharmaceutical chemist or chemist and, druggist shall not be liable to a fine, penalty or punishment for sup plying medicines, drugs or medical appliances after the hour appointed by the by-law for the closing of shops.

(4) Nothing in the by-law contained shall render the occupier of any premises liable to fine, penalty or punish ment for supplying any

article required for immediate use by reason or because of an emergency arising from sickness or death. ( 5 ) In tliis section- (a) "Shop" means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail or public auction, and barbers' shops, which shall include ladies' hair dressing, manicuring or beauty parlours; but not where the only trade or business carried on is that of a tobacconist, news-agent, hotel, inn, victualling house or refreshment house; (b) "Closed" means not open for the serving of cus tomers.

48 MISCELLANEOUS. Census. 156. The council may pass a by-law for the purpose of taking the census of the town or village. Trees. 157. The council may pass a by-law for the purpose of providing for planting and protecting trees on highways and public places. Compromise of Taxes. 158. The council may pass a by-law, subject to the ap proval of the Minister, for the purpose of compromising upon such terms as may be agreed upon, for payment of arrears of taxes on lands which have been subdivided under a plan registered at a Land Titles Office. 159.

The council may pass a by-law for the purpose of remitting taxes levied with respect to lands of which a persOn who is mentally diseased is the owner or occupant, whenever it seems proper so to do. TAXES UPON TRANSIENT TRADERS. 160.

The council may by by-law provide for the imposi tion of taxes upon transient traders and for that purpose may group transient traders into classes and may fix the tax payable by all transient traders, or any class or classes of transient traders, at such amount, either by the day or the week, as may be prescribed therein not exceeding ten dollars for a tax by the day and twenty-five dollars for a tax by the week; and may prohibit any transient trader from com mencing to carryon business in the town or village unless he has previously deposited with the secretary-treasurer a sum equal to that which would be payable if he had then carried on business for one week; or from continuing to carryon business at any time at which the tax by the day or week, as the case may be, payable in respect of his business, has not been paid in advance; and may provide that any tran sient trader who at any time carries on business without having paid the tax payable for so doing shall be guilty of an offence in respect of every day during which he carries on business without paying the tax, and shall be liable on

summary conviction therefor to a penalty of fifty dollars and costs, and in default of payment to imprisonment for a term of not more than thirty days. LICENSES. 161. In all cases in which it is provided in this Act that the council may license any person, place or thing, the coun cil may make regulations- (

a) governing the conduct of- (

i) the place wherein the person carries on the business, trade or occupation in respect of which he is licensed; (ii) the place licensed, and (iii) the place where the licensed thing is kept;

49 (

b) prescribing conditions as to the position, construc tion, alteration and equipment of any such place and any other conditions which may seem advisable; (

c) regulating and controlling the conduct of those who use or frequent any such place; (d.) fixing the fees to be charged for licenses; (

e) providing the method of collection or payment of such fees; (

f) regulating the prices or fees to be charged by the holders of such licenses; (

g) fixing the period during which all or any licenses are to be valid; (

h) providing penalties for failure to obtain any such licenses; (

i) providing penalties (including forfeiture of license) for breach of the conditions on which licenses are issued; and (

j) making general rules for the protection of the per sons holding licenses. 162. The fees payable in respect of licenses issued pur suant to any by-law shall be reasonable in amount, and license fees shall not be imposed for the purpose of exacting revenue. 163. The imposing o

Document details

Collection	Alberta — Bills
Citation	L7 S4 8613
Type	bill
Volume / chapter	L7 S4 8613
Language	en
Format	json
Source	PROVINCIAL
Identifier	57b1fd51609f62c9cf4eb7fccf72ea97bc369979

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