Bill 12 (Legislature 2, Session 3)

L2 S3 10717

Alberta — Bills

BILL No. 12 of 1911.

An Act respecting Towns. (Assented to 1912.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: PRELIMINARY. 1. This Act may be cited as "The Town Act." Short ltle 2. In. this Act, unless the context other. wise requires, the Interp etat.fon expresswn- 1. "Elector" means a person, male or female, entitled to Eiecto vote at any town election; 2. "Council" means the municipal council of a town; Counc I 3. "Burgess" is an elector who is such in respect of freehold Burge s property; 4.

"Owner" includes any person who has any right, title owner or estate whatever or interest in land other than that of a mere occupant; 5. "Occupant" means any person who occupies any land Occu'p nt under any title whatsoever; G. "Felony" means any indictable offence which since the Felon · etc. passing of The Criminal Code is punishable with death or im prisonment for a period of five years or over, and "misde meanour" means any offence for which under the said code the extreme penalty is imprisonment for a term less than five years; 7.

"Special franchise" shall mean every right, authority or Spect permission whether exclusive or otherwise to construct, main- Fnanc lse tain or operate within the town, in, under, above, on or through or across any highway, road, street, lane, public place or public water within the jurisdiction of the town, any poles, wires, pipes, tracks, conduits, buildings, erections, structures or other things for the purposes of bridges, railways, tramways or for the purposes of conducting steam, heat, water, gas, natural gas, oil, electricity or any property, substance or product capable of being transported, transmitted or conveyed for the supply of water or heat, light, power, transportation, telegraphic, telephonic or other service; 8.

"Judge" means a judge of the District Court of the judicial .Judge district within which the town is wholly or mainly situated, or if equal portions of the town are situated within two or more judicial districts the judge of the District Court of any such judicial district, and "Court" or "District Court" means the said District Court.

2 9. "Land" includes lands, tenements and hereditaments Land and any estate or interest therein, and for the purposes of assessment only "land" means land and any estate or interest therein exclusive of the value of buildings or other improvements thereon; 10. "Improvements" mean increase in the value of land labour or capital thereon; any buildings or any other Ima>rove menta caused by the expenditure of 11.

"Municipality," "town" or "town municipality" means Munlcl and includes any town or town municipality now incorporateJ ~~~tfow as such and also any town or town municipality hereafter incorporated under the provisions of this Act; 12. "Person" includes a corporation or partnership; Person 13. "Revised assessment roll" means the assessment roll Revised asseS'Sille t of the town as finally adopted by the council; ron 14. "Secretary-treasurer" means the secretary-treasurer of secretar - the town and includes the secretary or tr~asurer; Trilasure 15.

"Referred by-law" means a by-law referred to the vote Ret erred of the burgesses and assented to by them as provided in this by-law Act; 1G. "Assessor" means the asEessor of the town; Assessor 17. "Revised voters' list" means the voters' list of the town as finally revised by the council; 18. "Minister" means the Minister of Municipal Affairs Minister for Alberta; 19.

"Hawker" or "pedlar" means and includes any person ''Hawk • h (b · · · 1 t · th 1 f ) "Pedlar' w o emg a prmc1pa or any agen m e emp oy o any person · goes from house to house selling or offering for sale any goeds, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterwards delivered within the town to any person not being a wholesale or re~ail dealer in such goods, wares or merchandise but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail; 20.

"Transient trader" means and includes any person who Tranrlrten . . . h f . trader occupies premises m t e town or temporary penods and whose name has not been duly entered on the assessment roll and who may offer goods or merchandise of any description for sale by auction or in any other manner conducted by himself or by a licensed auctioneer or otherwise: · Provided that the term shall apply only to and include such persons commencing in the town the business mentioned in this

section who have not resided continuously in such town for a period of at least three months next preceding the time of the commencement by them of such business therein. (2). Wherever the word "herein" is used in any

section of this Act it shall be understood to relate to the whole Act and not to that

section only. '

3 3. Where anything is required to be done on a day which Comp falls on any holiday such thing may be done on the next day ~~ 0 ~1m which is not a public holiday; but nothing in this

section con tained shall extend or apply to the day fixed by this Act for the nomination or election of candidates for the offices of mayor or councillors. 4.

Where in this Act a certain day is fixed on or by which ~~=~·i n of certain things are to be done or proceedings had if it appears that such date was fixed having regard to an earlier date fixed on or by which certain other things are to be done or proceedings had then notwithstanding anything herein contained if default be made in respect of the earlier date a like delay shall be allowed in_ respect of the later date. ; L 1-~!. ! _! _ .-~ _ 1 ' !Gl • t· I . 5.

Where forms are prescribed deviation therefrom not E'orms affecting the substance nor calculated to mislead shall not vitiate the same and forms to the like effect shall suffice. 6. Where power to make by-laws, regulations, rules or orders Make is conferred it shall include the power to alter or revoke the~~~~!~~ c. same from time to time and to make others, excepting where by-laws are made for the purpose of raising money, levying assessments or striking rates.

PART I. APPLICATION oF AcT AND REPEAL oF CERTAIN ORDINANCEs, ETc. 7. This Act shall apply to all towns or town municipalities Ap~pUc ion now existing in the province and the same shall continue to of Aet exist as town municipalities and be subject to the provisions of this Act; and this Act shall also apply to all towns or town mun~cipalities hereafter created or establh;hed within the provmce. 8.

Every town in the province now or hereafter created ~e~~roa: d or established is hereby declared to be a body corporate and~~~~ ons subject to all the liabilities of a corporation with full power o:rtown to acquire, hold and alienate both real and personal estate for all municipal purposes and by the same name they and their successors shall have perpetual succession and shall have power to sue and be liable to 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 they shall have a common seal with power to alter and modify the same at their pleasure; and they shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property (real or personal) for the use of the town and of becoming parties to any contracts or agreements in the management of the affairs of the town. -~ I ' . ·\'f: '1~~117]

(2) The name of the body corporate shall be "The Town Co'I'POl'laJ e of (naming the town)." na.me 9. Upon the coming into force of this Act, The Municipal R&I>eJa.l Ordinance being

chapter 70 of the Consolidated Ordinances 1898 and all Ordinances or Acts passed in amendment thereof shall no longer apply to town municipalities and the said Muni- cipal Ordinance and amendments thereof shall on, from, and

4 after the coming into force of this Act stand repealed and the provisions of this Act shall be deemed provisions substituted for the said Ordinance and amendments thereof so repealed: Provided however that no town municipality existing at the time of the coming into force of this Act shall by. reason of anything contained in this Act or by reason of the repeal of the said Ordinances and sections of Acts be relieved from any duty, obligation, liability or indebtedness heretofore or now owing, existing due or accruing due to any person, corporation or company and whether the same arises or exists by reason of or by virtue of any Statute, Ordinance, by-law, law, contract or tort or by virtue of any proceedings heretofore taken, passed, existing or in force; and notwithstanding the repeal of the said Ordinances and sections of Acts such duty, obligation, liability or indebtedness shall continue with the same force and effect as if the said Ordinances and sections of Acts had not been repealed; and Provided further that until a new council is elected under this Act the head and members of the council of such town municipalities respectively shall be deemed and taken for all purposes to be the head and members of the council of such town municipalities; and · Provided further that until altered under the authority of this Act all by-laws existing at the time of the coming into force of this Act in the said 'town municipalities respectively shall be deemed and taken for all purposes to be the by-laws of such town municipalities respectively; and Provided further that the repeal of the said Ordinances and sections of Acts shall not be construed as depriving in any way any town municipality of its real or personal property as assets of any kind or of any part thereof; but on, from and after the coming into force of this Act all town municipalities shall have and possess the same rights therein and thereto as they had or possessed respectively immediately prior to such repeal taking effect; and Provided further that nothing herein contained shall affect the legality of any proceedings begun, had or taken pursuant to any of the said Ordinances or sections of Acts; but such proceedings may be continued and concluded under the pro visions of any of the said Ordinances or sections of Acts applic able thereto.

TOWN BOUNDARIES. 10. Whenever a majority of the resident land owners of AddiUone any territory adjacent to a town desire annexation thereto and ;o::,wn at~ present a petition to the council to that effect the Lieutenant pne't'it~~~ 0 Governor in Council with the consent of the council of the town may by proclamation annex the said territory to and make it a part of the town; the said annexation fhall take effect on such date and on such terms and conditions as the Lieutenant Governor in Council may by proclamation provide.

5 11. The Lieutenant Governor in Council may upon the .A!ddi'tla s petition of the council of any town include within the town ~~ ... ~-;;; :f any territory adjacent thereto which from the proximity of the cou ell streets or buildings or the probable future exigencies of the town it may be deemed desirable to include the· ein or to annex thereto; the said annexation shall take affect on such date and on such terms and conditions as the Lieutenant Governor in Council may by proclamation provide. 12.

For the purpose of defining boundaries of a town muni- Bounda: ee cipality under this Act those sides of road allowances on which monuments or posts have been or may hereafter be placed under a survey made or to be made pursuant to any Act of the Dominion of Canada respecting the survey of Dominion lands, from time to time in force.in Alberta, shall be the boun- daries either of townships or sections: Provided however that in the case of correction lines the south side of the road allowance shall be the boundaries and that the boundaries of any Indian Reserve shall be the lines defining that side of the road allowance immediately next to such Indian Reserve.

PART II. MuNICIPAL GovERNMENT. 13. The powers of· the said corporation. shall be exercised Pow~ t by the council of the town which shall consist of a mayor and counc 1 six councillors.

(2) The council shall be deemed and considered to be always ~~~~~,1 g continuing notwithstanding any annual or other election of body the members composing it; and after any such election and the organization of the council for the next year it may take up and carry on to completion all proceedings commenced but not completed by the last year's council. 14.

Subject to the provisions hereinafter contained respecting T;;rm o: the term of office of the· mayor and councillor~ elected at the first~;~~ a 11 election after a village becomes a town the term of office of counom rs the mayor shall be for two years and the term of office of the councillors shall be for two years and both the mayor and the councillors shall be elected by a general vote of the electors.

(2) Upon the coming into force of this Act nothing in this !'r;~~= or

section or elsewhere in this Act shall be construed as affecting council the term of office of any member of any town council but all such members shall hold office until the expiration of the respec- tive terms for which they were elected. 15.

After the first election every person shall be eligible PersoDJS for election as mayor or councillor who is a British subject~~~~~~ ~ by birth or by naturalization, is.a male of the full age of twenty- one years, is able to read and write the English language, is not subject to any disqualification under this Act or The Contro- verted Municipal Elections Act, is resident within the town or within two miles of the limits of the town and is at the time of nomination the owner of freehold estate within the town of the value of $500 over and above charges, liens and encum- brances affecting the same and whose name is on the last revised assessment roll of the town: Provided however that no judge of any court of civil juris-

diction, no sheriff, no deputy sheriff, no gaoler or keeper of any house of correction, no constable, assessor, secretary treasurer, auditor or other paid official of the town, no bailiff, no hotel licensee, no inspector of licenses, no person having by himself or his partner an interest in any contract with or on behalf of the town or being indebted to the town, no surety for any officer or employee of the town and no person who has been convicted of treason, felony or of an offence punishable with death' or with imprisonment for five years or over shall be qualified to be a member of the council; and Provided further that no person shall be disqualified from 01~1qu. hl! being elected a member of the council by reason of his having:' e~~ !n a contract for the publication of any advertisement in any certa.t public newspaper or by reason of his being a shareholder in C81Ses any incorporated company having dealings or contracts with the town or by his having a lease of twenty-one years or upwards of any property from the town; but no such lease- holder shall vote in the council on any question affecting any lease from the town and no such shareholder shall vote on any question affecting such comp3;ny.

VACANCIES. 16. The mayor or any councillor may resign his seat in the Restg !on council at any time by giving written notice 'to the secretary- treasurer who shall bring the same to tl;le notice of the council at its next meeting and the said resignation shall take effect and the seat shall become vacant upon .the receipt of the said notice by the secretary-treasurer. · 17.

If after the election of any person as a member of the Decla. non council he is convicted of felony or becomes insolvent within of ey the meaning of any Act in force in Alberta or assigns his property for the benefit of. his creditors or absents himself from the meetings of the council for three months without being authorized so to do by a resolution of the council entered upon its minutes his seat in the council shall ipso facto become vacant and .the council shall forthwith declare the seat vacant. 18.

If a seat in the council becomes vacant by death, resig- :A~tlo to nation or otherwise the council shall forthwith appoint a tn coun ~Y returning officer to hold an election to fill the vacancy and such election shall be held in the manner as nearly as may be as other elections under this Act and if the seat in the council of a councillor whose term would not otherwise have expired at .the end of the then current year become vacant after the first day of November in any year then such vacancy may be filled by the election of an extra councillor at the next general election and the person obtaining the next highest number of votes after the regular number of councillors have been elected shall be the person to fill such vacancy and in such cases every elector shall be entitled to vote for one extra candidate for each vacancy to be filled; and in case not more candidates are nominated than the number required to be elected the candi- date last nominated shall be deemed to be elected to fill such vacancy. 19.

In the event of a member of the council forfeiting his oompu ory seat at the council or his right .thereto or becoming disqualified resllgn on to hold his seat or of his seat becoming vacant by disqualification or otherwise he shall forthwith resign his seat and in the event of his omitting to do so within ten days thereafter proceedings may be taken to unseat him as provided by law.

7 MEETINGS OF COUNCIL. 20 The first meeting of the council in each year shall be Firsttt • mee ng held on the first Monday in January except when that Monday is a public holiday in which case the meeting shall take place on the next subsequent day which is not ·a puLlic holiday; and the council of the previous year shall hold office until the new council meets. 21.

A majority of the whole council shall be necessary to Quorum form a quorum and no act nor other proceeding of any council shall be deemed valid or binding on any party which is not adopted at·a regular or special meeting of the council at which a quorum is present. 22. The council shall hold its ordinary meetings openly Co.ndue ·of and no person shall be excluded except for improper conduct me:etin but the person presiding at any meeting may cause to be expelled and excluded any person who has been guilty of improper conduct at such meeting. MAYOR. 23.

The mayor shall be the chief executive officer of the Duties town and it shall be his duty to be vigilant and active in causing the laws governing the town to be duly executed, to inspect the conduct of all town officers and so far as in his power to cause all negligence, carelessness and violation of duty to be duly prosecuted and punished and to communicate from time to time to the council all such information and to recommend such measures as may tend to the betterment of the finances, health, security, cleanliness, comfort, ornamentation and pros perity of the town.

(2) The mayor shall during his term of office be ex officio a justice of the peace unless disqualified by law. 24. The mayor may at any time and from time to time by Appotn writing under his hand appoint and engage one or more special :~~'l:t constables within the town for such time not exceeding fifteen c~msta. Ies days as shall be stated in the appointment; but the authority of any such constable shall cease if his appointment be not confirmed at the next regular meeting of the council; such special constable shall for the time being form a part of the police force of the town. · 25.

The mayor may suspend any municipal officer and he P.ower t h . d h suSlJen lon shall t ereupon report such suspenswn an t e reasons therefor to the council who may either dismiss or reinstate the suspended officer; and in case he is dismissed such officer shall receive no salary or remuneration from the date of such suspension unless the council by a resolution otherwise determines .. 26.

The mayor or in his absence the deputy mayor shall To pr Ide, preside at all meetings of the council; he shall preserve order etc. and enforce the rules of the council and he shall sign (jointly with the treasurer) all the cheques issued by the town. 27.

The council shall at its first meeting and every three Deput months thereafter from amongst its members appoint a deputy nm.yo mayor who shall hold office for three months and until his successor is appointed and who .in case the mayor through illness, absence or any other cause is unable to perform the duties of his office or in case his office is vacant shall have all the powers of the mayor during such inability or vacancy.

8 28. If the person who ought to preside at any meeting of Cha l'lman the council does not attend within fifteen minutes after the hour appointed for the meeting the members of the council who are present may appoint a chairman who shall during the meeting have the same authority as the absent person would have had. 29.

The mayor or other officer presiding at any meeting of Vot the council may vote with the other members on all questions except where he is disqualified to vote by reason of interest or otherwise and (save as otherwise provided herein) any question upon which there is an equality of votes shall be deemed to be negatived. 30.

The mayor shall call special meetings of the council Spe Ial whenever requested in writing so to do by a majority of the mee lngs council and all the members of the council shall be duly notified of the meeting at least twenty-four hours prior thereto and (in general terms) of the business to be transacted thereat. 31.

If so requested at any time by the written petition of Pub~ twenty electors the mayor shall by a printed public notice mee np conspicuously posted in at least ten places in the town call a public meeting of t4e electors for the discussion of the muni- cipal affairs of the town or of any matters relating thereto. OFFICIALS. 32.

The council may appoint a secretary, a treasurer or Cou ell to a secretary-treasurer, an assessor, a town solicitor and one or :o 1t more auditors and they may also appoint such other officers o,tn a~s as they deem necessary or expedient to appoint for the purpose of carrying into effect the provisions of this Act or any by-law of the town including a chief of police and all necessary police constables or officers.

(2) The same person may be appointed to more than one office. 33. The council shall not make any appointment to office Av Int- or any arrangement for the discharge of the duties of any ~ee ~~Z!~~r· municipal office by tender or by application at the lowest remuneration. 34. All officers appointed by the council shall hold office Te re or until dismissed by the council; and in addition to the duties om assigned to them by this Act or by the general law of Alberta shall perform such other duties as may be required of them by the by-laws of the council.. 35.

In addition to defining the duties of any officer the sec rlty council may by by-law require him to give such security as they may deem expedient for the faithful performance of his duties; and during the month of January in each year all such securities shall be produced to the mayor and shall be laid by him before the council. 36.

The bonds or policies of guarantee of any corporation Ch meter empowered to grant securities, bonds or policies for the integrity o! and faithful accounting of public officers or servants or persons occupying positions of trust may be a~cepted instead of or in addition to the personal bond of any officer of the town.

9 37. Every officer, servant and agent of the town shall be Lla.bl1'tt:y personally liable for any damage arising from his acts or defaults or from his refusal or neglect to discharge the duties imposed upon him by law or by this Act or by the by-laws of the council in addition to any penalties otherwise imposed · for the said acts or defaults. 38.

A council may grant any officer who has been in the Gre;tuht! service of the town 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 exceed- ing his aggregate salary for the last three years of his service as a gratuity upon his dismissal or resignation. SECRETARY-TREASURER. 39.

The secretary-treasurer shall attend all meetings of the sear - council and shall truly record in a book without note or com- !~e::re tro ment all resolutions, decisions and other proceedings of the meet:illlg • council; and (if required by any member present) shall record etc. the name and vote of every member voting on any matter submitted; he shall safely keep all the books, documents and records of the council and the originals (or duly certified copies) of all the by-laws thereof.

(2) The secretary-treasurer shall within one month after seoreta _ entering on his duties furnish to the town security in a penal treoa.su to sum to be named by the council for·the true and faithful per-.~~sih formance of all the duties required of him by this Act and the said security shall be a guarantee bond of a guarantee company authorized to do business in the province. 40.

Any elector may at all reasonable times inspect any Records account or demand, contract, by-law, report of the commis- open to sioners or of any committee or of any official of the town (other lnspectt than the town solicitor or any counsel engaged by the town) after the same respectively have been submitted to the council and also the voters' lists, poll books or other documents relating to any election or voting; and the secretary-treasurer shall within a reasonable time after demand by any elector furnish him with copies of any such documents or parts thereof at the rate of ten cents per one h~ndred words. 41.

A copy of any such book, record, document or account Copies certified under the hand of the secretary-treasurer and. the records town seal shall be received in evidence without proof of the seal of the town or of the signature or official character of the person appearing to have signed the same unless the court or a judge thereof otherwise orders. 42.

The secretary-treasurer shall collect, receive and safely Moneys keep all moneys belonging or accruing due to' the town from whatever source and shall pay out the same only to· such persons and in such manner as is directed by law or by the by-laws of the council. 43. The secretary-treasurer shall daily or as often as the Depo:s.t council may direct deposit in the name of the town in some 0.:4 chartered bank designated by resolution of the council all c equ such moneys received by him; an4 hE) shall (jointly with the mayor) sign all necessary cheques. Boo'kst be 44.

The secretary-treasurer shall keep and make use of ~~~e~" _ such books of record and account as the Minister shall from tre!:wT r

10 time to time require him to keep and use including the debenture register required by the provisions of this Act and shall also Ha. yearl:y prepare and submit to the council half-yearly a correct state- sta ement ment of the moneys at the credit of the town. 45.

The secretary-treasurer shall collect a fee of twenty-fives- ch tee cents per lot for every search made in the assessment or tax rolls; and shall also, if required, without additional fee, give a certificate t).nder his hanq. showing whether or not all taxes due in respect of any such lot have been paid and if not the amount of the arrears chargeable against the said lot; and such fee shall form part of the general revenue of the town. 46.

In case the secretary-treasurer is absent or is incapable Ab ence of performing his duties the council may by resolution appoint some person to act in his stead during the period of such absence or incapacity and during such period the person so appointed shall have all the powers of the secretary-treasurer. 47. The council of any town which has appointed a secretary and a treasurer may by by-law divide the duties herein assigned to the secretary-treasurer between such officials in such manner as they may deem proper. SOLICITOR. 48.

The town solicitor shall be a member of the Law Society Ap ointment of Alberta and the council may determine his duties and the terms and period of his employment. · 49. In case the remuneration of the town solicitor is to be Re une.ra paid wholly or partly by salary the town shall notwithstanding uo be entitled to tax and collect lawful costs in all actions and proceedings to which the town is a party; provided such costs arc by the terms of the engagement of the town solicitor payable to him as part of his remuneration in addition to his salary. AUDIT. 50.

The council shall at its first meeting in each year or Ap otnt- . h' h h ft . d" m·e t of w1t m two mont s t erea er appomt one or more au 1tors au 11tors but no one who then or during the preceding year is or was a member of the council or is or was secretary-treasurer or Co nclllor who has or had during the preceding year directly or in- directly alone or with any other person a share or interest in any contract or employment with or on behalf of the town (except as auditor) shall be so appointed: • Provided that an incorporated company or a partnership may be appointed as auditor. 51.

The auditor or auditors so appointed shall at least once Au 1t in every three months during the year examine, audit and report upon all books and accounts affecting the town or re lating to any matter under its control or within its jurisdiction and after the examination of every account, voucher, receipt and paid debenture shall stamp thereon in indelible letters the word "audited" and initial the same.

(2) The auditor shall on every occasion write a special report respecting all expenditures made contrary to law,l by-law or resolution and shall deliver the said report to the mayor who shall lay the same before the council at its next meeting. 52. The council may by by-law provide that the auditor or Au It be~re auditors shall audit all a_ccounts before they are paid. pa eDit

11 . AudlltOT's 53. On or before the fift&enth day of November m each abstra~t year the auditor or auditors shall prepare in such form as the Minister may direct and on or before the first day of December the secretary-treasurer shall cause to be printed in such quantity as the Minister shall direct an abstract of the receipts, expendi- tures, assets and liabilities of the town up to the preceding thirty-first day of October including a statement showing the total amount of debentures authorized to be issued, the deben- tures actually issued, those actually sold or otherwise disposed of and how disposed of and those remaining on hand.

(2) On or before the first day of March in each year the Ab~~t t auditor or auditors shall prepare in such form as the MiniBter ~~e~d~t e, may direct ·an abstract· of the receipts, expenditures, assets ;~c., fOT and liabilities of the town for the financial year ending on the eyea.r thirty-first day of December of the preceding year including a statement showing the total amount of debentures authorized to be issued, the debentures actually issued, those actually sold or otherwise and how disposed of and those remaining on hand; he shall make a special report respecting any expen- ditures made contrary to law; he shall deliver the said abstract and report to the mayor who shall lay the same before the council at its next meeting; and the council shall on or before the first day of April in each year came the said abstract and report or a Bynopsis thereof to be published in some news- paper published in the town, or, if there is no newspaper pub- lished therein in the newspaper the place of publication of which is nearest thereto and 8hall cause a copy of such abstract and report to be forwarded to the Minister. ·

(3) The financial year of the town · shall commence on Flna.ncla the first day of January and close on the thirty-first day of year December in each year. 54. Any elector may inspect the said abstracts and reports rnr9pect1o s or any of them and may by himself or his agent and at his own expense take a copy thereof or extract therefrom. OATHS OF OFFICE. 55.

Every member of the council, the secretary-treasurer, Officials, the assessor, the town solicitor, town engineer and every other etc. town officer who may by the terms . of his appointment be re- quired so to do shall before entering upon the duties of office make and subscribe a declaration of office to the following effect: I, A.B., do solemnly promise and declare that I will' truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of (inserting the name of the office), (or in the case of a person who has been appointed to two or more offices which he may lawfully hold at the same time, that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the offices of as the case may be) to which I have been elected (or appointed) in this town, and that I have not received, and will not receive any payment or reward or promise thereof, for the exercise of any partiality or abuse or undue execution of the said office (or offices), and that I have not by myself or partner, either directly or indirectly, any interest in any contract with or on behalf of the said town, save and except that arising out of my office as (naming the office).

So help me God. 56. Any person who has been elected or appointed to two Holders r or more offices which he may lawfully hold at the same time more~ha may make one declaration of office as to all the offices to which oneo ce he has been elected or appointed. 57. Every returning officer, poll clerk, constable or other Return.In officer appointed to act at an election shall before entering officers. e c.

12 upon the duties of his office make and subscribe a solemn declaration to the effect following: I, A.B., do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute th~ offlce of (inserting the name of the office) to which I have been appointed in this town; and that I have not received and will not receive any payment or· reward or promise thereof for the exercise of any partiality or abuse or other undue execution of the said office. So help me God. 58.

When any oath or affirmation or declaration is required Before . ffi d . l whom to e to be taken or made by a returmng o cer an no spema pro- lt;aken vision is herein made therefor the same may be made and subscribed before the poll clerk or before a notary puqlic, commissioner for taking affidavits or justice of the peace; and the returning officer, notary public, commissioner for taking affidavits or justice of the peace may administer any oath or affirmation or declaration required to be made by a poll clerk under the provisions of this Act. 59.

The declaration of office to be made and subscribed Auditor by every auditor shall be as follows: I, A.B., having been appointed to the office of auditor for the town of .......... do hereby promise and declare that I will faithfully perform the duties of the said office according to the best of my judgment and ability, and I do solemnly declare that I had not directly or indirectly any share or interest whatever in any contract or employment (except that of auditor, if reappointed) with, by or on behalf of the town, during the preceding year, and that I have not any such contract or em ployment except that of auditor for the present year.

So help me God. 60. The mayor and councillors and the other town officers Be·tore h . d f 'd t k d l t' f ffi wh•om to be w o are reqmre as a oresa1 o rna e a ec ara wn o o ce •taken shall make and subscribe the sa:id declaration of office before a commissioner for taking affidavits, a notary public or justice of the peace. 61.

The mayor, any notary public, commissioner for taking PowElll' t ffid · t f · · f h d · · t h >admlnts r a av1 s o JUSttce o t e peace may a m1ms er any oat , oa:th affirmation or declaration relating to the business of the town except where herein otherwise specially provided and except where he is the person required to make the oath, affirmation or declaration. 62.

The deponent, affirmant or declarant shall subscribe ~epoSll; · t every such oath, affirmation or declaration and the person o':: 0 administering it shall duly 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 records. 63. The mayor or in his absence the presiding officer of Absence t h '1 f . h f d . . mayor t e counc1 or o any committee t ereo may a m1mster an oath or affirmation to any person concerning any account or other matter submitted to or being dealt with by the council or any committee thereof.

POLICE. 64. The police force shall consist of a chief of police and ~~~~~t on as many constables and other officers, and assistants as may force by the council be deemed necessary from time to time.

13 65. The members of the police force shall be appointed by the :Mem rs ot council and shall hold office until dismissed by the council and :~~!

J:,_e shall before entering upon their duties as members of such by<th·e force take and subscribe the following oath: oounol I, A.B., do swear that I will well and truly serve His Majesty Fomn t the King in the office of chief of police (or police constable oolth as the case may be) for the town of ....................... . with no favour or affection, malice or ill will; and that I will to the best of my power cause the peace to be kept and pre served and will prevent all offences against the person and properties of all persons and that I will to the best of my skill and knowledge discharge all the duties of my office faithfully and according to law.

So help me God. 66. The council shall from time to time make such regulations Coun.ct to as they may deem expedient for the government of the force ma.ke1 d f . b f . h f regu a. on an or preventmg neglect or a use and or rendermg t e orce . efficient in the discharge of all its duties. 67. The constables shall obey all lawful directions of and DuJ!ee be subject to the orders of the chief of police and shall be ~~n;:, lee charged with the special duty of preserving the peace, appre- hending offenders and . generally with the performance of all duties which by law devolve upon constables and peace officers. 68.

Any person who upon the coming into force of this Exist! g Act is acting either as chief of police or police constable in ~!~ any town in the province is hereby declared to have been conft lawfully appointed to such office and every such person is hereby further declared to be as subject to the government of the council of the town in which he is so acting as if he had been appointed to such office under the provisions of this Act. 69. Any member of the fo-ce may be dismissed or suspended Dlsml . . suspe by the council at any t1me. from rr 70.

The council shall from time to time fix the remuneration coun to be paid to the chief and constables or men employed. !~~~ n

PART III. MuNICIPAL ELECTIONS. 71. The persons qualified to vote at the first election after First a village becomes a town for mayor and councillors in any etectto town shall be the persons, male or female, of the full age of twenty-one years- 1. Whose names are on the last revised assessment roll of the village now comprised within the town; or 2. Whose names are on the last revised assessment roll of the rural municipality or loc'al improvement district for that portion of the town not formerly comprised within the said village. 72.

For the purposes of the said first election in any town P& every person is eligible for election as mayor or councillor eu,gtbl h · B •t• h b' t b b'rth li · · 1 tlrstel w o 1s a n 1s su Jec y 1 or natura zatwn, 1s a rna e ltilon of the full age of twenty-one years, is able to read and write the ca.ndl English language, is not subject to any disqualification under this

14 Act or The Controverted Municipal Elections Act, is resident within the town or within two miles of the limits of the town and is the owner at the ·time of nomination of a freehold estate within the town of the value of $500 over and above all charges, liens and encumbrances affecting the same and is on the last revised assessment roll of the village now comprised within the town or on the last revised assessment roll of the rural.municipality for that portion of the town not formerly comprised within the village. 73.

Only persons qualified to vote for candidates shall be ;:: 1 =~ qualified to nominate candidates for the office of mayor or oa.n Iodates councillor. 74. The terrn of office of the rnayor at the said first election Ter of shall· be to the end of the calendar year then next following= ~f the year in which such election is held. 75.

The three candidates first nominated for councillors in T of .the event of there being no poll or the three candidates receiving otrc ~1 the highest number of votes in the event of a poll being held cou ora shall be declared elected for the term ending at the end of the calendar year next following or next but one following the date of the election according as such election is held prior or not prior to the first day of July; and the remaining three candidates so nominated or elected shall be· declared elected for the term ending with the then calendar year or the next following oolendar year according as such election is held prior or not prior to the first day of July; and thereafter one-half the required number of councillors shall be elected annually and shall hold office for two years unless otherwise provided.

(2) The returning officer for the said first election shall be the secretary-treasurer for the town. 76. In the event of an election being held after the said first aP e.1 election but before the preparation and revision of a voters' ~~·~ t~on list the provisions of this Act as to the first election including P~ :ration the qualification of voters and candidates shall apply. ~t oters' 77.

For the purposes of the said first election the secretary- Na es to be treasurer of the said rural municipality or local improvement fur IS'hed district and the proper officer of the village shall respectively~~ &tary- two days prior to nomination day furnish the returning officer tr Ter with a list of all the ratepayers and persons on the last revised assessment rolls of the said municipality, local improvement district and village for that part of the town formerly included in them or any of them. VOTERS' LISTS. 78.

The persons qualified to vote at elections shall be the Qu l'ifica persons, male or female, of the full age of twenty-one years tio ~ whose names appear upon the last revised voters' lists of the vo town: Provided always that a town may by by-law declare that P v.tso no person shall be entitled to vote who has not on or before!~ =;;,t a day to be named therein paid all taxes due by him to such of town either for the current year or all arrears of taxes or both.

(2) In towm which have passed a by-law under the pro- D visions of the proviso to subsection (1) of this

section on

15 or before the day of nomination of candidates the secretary treasurer shall prepare and verify- on oath a correct alpha betical list of the names of all persons who have not complied with the terms of any such by-law, such list to be called "the defaulters' list."

(3) Any person named in such defaulters' list may vote if at the time of tendering his vote he produces and leaves with the officer holding such election a certificate from the secretary treasurer of the town showing that the taxes in respect of which default has been made have been paid; and such officer shall file such certificate, receive the vote and note the ~arne on the defaulters' list. 79.

The secretary-treasurer shall on or before the first day Pre aratlon of September in each year prepare a voters' list in alphabetical ot 11 t form and shall place thereon the names of all persons, male or female, of the full age of twenty-one years who are assessed upon the last revised assessment roll for $200 or upwards; and the assessor shall cause such voters' list to be printed, type written or written with the next following four sections hereof prefixed thereto; a copy thereof shall be posted up in the office of the secretary-treasurer on or before the fifteenth day of September. 80.

Any person who has been resident in the town in the Ad I tiona then current year prior to the first day of July and continuously to 1 st and who is otherwise duly qualified but whose name is put down in error or whose name has been omitted from the last revised assessment roll may either by himself o his agent apply to have the voters' list amended upon giving the secretary treasurer a notice in the following form: To the Secretary-treasurer of the town of. ................ .

Take notice that I intend to apply to the council to have my name added to the voters' list (or as the case may be) for the following reasons (here state the grounds according to the facts). Dated this .............. day of. ............. , 19 ..... . (Signature of applicant) Applicant. or (Name of applicant) Applicant by his agent. 81.

If before the first day of October in the then current yean't movalE a person has disposed of the property for which he was qualified rr bmt~tnd as a voter or, if any person's name is wrongfully put down he~~ ;so! shall be disqualified as a voter and any elector may apply to u the council to have the name of the person so or otherwise disqualified struck off the voters' list and the name of the proper person, if any, substituted therefor; the person so applying shall give six clear days' notice in writing to the secretary-treasurer of his intention to apply to the council for that purpose as provided in th~ next preceding section. 82.

Notice served upon the secretary-treasurer under the three next preceding sections shall be served on or before the first day of November. 83. On or before the fifth day of November the secretary treasurer shall make a list of all applicants for amendments to the voters' list stating names and grounds of each of such applications and shall post the same in a conspicuous place in his office; and he shall immediately thereafter notify the parties interested of the time and place fixed by the council for hearing such applications.

16 84. On ·or before the fifteenth day of November in each court r . fi l f . . th revls.l n year the counCil shall meet as a na court o rev1s10n on e voters' list and shall then hear and determine all applications of which notice has been given to the secretary-treasurer as hereinbefore provided; and the secretary-treasurer shall there- upon amend the voters' list in all cases provided for by sections 80 and 81 inclusive hereof as may be right; and the list so amended shall be the voters' list of the town for the ensuing year or until a new voters' list has been finally revised. 85.

As to the attendance of witnesses and the imposition and recovery of penalties and as to procedure the council when sitting as a final court of revision on the voters' list as aforesaid shall have the powers and privileges conferred by this Act upon the. council in relation to the assessment roll. ELECTIONS, GENERAL PROVISIONS. 86.

The council shall at least one week prior to the last Retux- Ing M d · N b · h b b 1 · t t · ot'flce etc. on ay m ovem er m eac year y y- aw appom are urnmg ' officer for the next town elections and name the place therein where the votes are to be polled; provided the council may, if it deem proper, divide the town into polling divisions, name a polling place for each such division, appoint the returning officer to have charge of one of such polling places and a deputy return- ing officer to have charge of each of the remaining polling places. 87.

The secretary-treasurer shall at least one week prior Ann 1 to the last Monday in November in each year cause to be~:! gs of posted up in at least five conspicuous places in the town a notice of the annual meeting of the electors in the following form: NoTICE.

Public notice is hereby given that a meeting of the electors of the town of. . . . . . . . . . . . . .... will be held (description of place) on Monday, the (here fill in date on which the last Monday in November falls) day of November, 19 ...... , at eight o'clock p.m., for the purpose of receiving the auditor's report of the finances of the town up to the preceding thirty first day of October and for the purpose of receiving the reports of the chairmen of the various committees of the council. Dated at .............. this ............ day of........ . . , 19 ..... . Secretary-treasurer. 88.

At the time and place set out in the notice mentioned Ma.y , eto., in the next preceding

section the mayor, secretary-treasurer,!~~ 8 b 4 It auditor, the chairman of the various committees shall attend r~o m and submit to the meeting their respective reports for that portion of the current year ending the thirty-first day of October.

(2) The Minister may from time to time prescribe forms for the foregoing reports. 89. The returning officer shall at least six days prior Noti or to the first Monday in December post up in five conspicuous nom! 111.tlon places in the town a notice in the following form:

17 NoTICE. Town of. ................... Municipal Elections, 19 ..... . Public notice is hereby given that a meeting of the electors of the town of ................ will be held (description of place) on Monday, the .............. day of December, 19 .... , (here fi,ll in the date on which the first Monday in December falls), from eleven o'clock in the forenoon until twelve o'clock noon, for the purpose of nominating candidates for the office of coun cillors (and if such is the case, for the office of mayor) for the next ensuing two years.

Given under my hand at ................ this .......... . day of ... · ............. 19 ... . Retur:ning Officer. 90. At the time and place named in the notice provided Nomln tlons for in the next preceding

section the returning officer shall declare the meeting open for the purpose of receiving nomina- tions and any person whose name appears on the last revised assessment roll may propose or second the nominations of any duly qualified person to serve as mayor or councillor of the town and· the meeting shall remain open until noon when if the number of persons nominated to serve as mayor and councillors does not exceed the requisite number the returning officer shall declare the persons so nominated duly elected. 91.

Every nomination for mayor or councillor shall be Cons,e ttl•to · d b · f h d . nom n on accompame y a wntten consent rom t e person name m such nomination to accept the office if elected and a written statement that he is eligible to be elected for such office which shall be in the following form: CANDIDATE's AccEPTANCE. I, .............................. hereby state that I am eligible for election as mayor (or councillor, as the case may be) of the Town of......... . ........... , and that I will accept office if elected. · Signed in the presence of (Name of Witness.) (Name of Candidate.) 92.

In the event of more than the required number of Poll . persons being nominated the returning officer shall declare that a poll will be held and shall name the time which shall be on the same day of the week as the nomination but in the next following week, the place or places where the votes are to be polled and also the time and place at which the result of the polling will be declared. 93.

Whenever a poll has to be taken the returning officer Notte o! shall without any unreasonable delay after the .nomination posu g cause to be posted up in at least five conspicuous places within the town a notice to the following effect: NoTICE. Town of .................. Municipal Elections ........... . Public notice is hereby given that an election will be held for councillors (and if such is the case for the office of mayor), of the Town of. ............... for the years 19 .... and 19 ... .

18 and that the polling will take place on· (here insert date of polling) the ................ day of. ............... 19 .... , from ten o'clock in the forenoon until'seven o'clock in the afternoon at the following place or places (here specify polling place or places) and that I will at (describe the place) on (day of week), the ..... . day of ................ 19 .... , at .......... o'clock in the fore- noon, sum up the votes and declare the result of the election. Given under my hand at ................ this. . . . ........ . day of ................ 19 ... . Returning Officer. 9.:1.

Any candidate nominated may withdraw at any time Wit dra~wa.1 within forty-eight hours after the close of the nomination :_n •!date meeting by filing with the returning officer a declaration in writing to that effect signed by himself in the presence of the returning officer, a justice of the peace, commissioner for taking affidavits or. notary public; and any votes cast for a candidate who has thus withdrawn shall be null and void. 95.

If by reason of any such withdrawal or withdrawals Aba don- h b f d'd · · · · · f me t of poll t e num er o can 1 ates remammg m nommat10n or any office does not exceed the number required by this Act to be elected for such office the returning officer shall return as duly elected the candidate or candidates without waiting ,for the day fixed for the holding of the poll and the polling for such office shall not take place; and the returning officer shall forth- with post up in three conspicuous places in the town a notice · to the following effect: NoTICE. Town of. ............... Municipal Elections, 19 .. .

Whereas ............ : ....... nominated for the office of ........................ (as the case may be) has withdrawn his (or their) candidature for the said office, leaving ......... . the only candidate (or candidates) therefor, I hereby give notice that no voting for the said office (or offices) will take place, on the .............. day of (date of polling). Dated at. . . . . . . . . . . . . this ............. day of ......... . 19 ..... . G.H., Returning Officer. 96. In case of a poll at a town election the vote shall given by ballot. 97.

Where a poll is required the secretary-treasurer provide as many ballot boxes as are required. 98. The ballot boxes shall be made of some durable Th 1r con material, shall be provided with a lock and key and shall best ctlon so constructed that the ballot papers can be introduced therein and cannot be withdrawn therefrom unless the box be un- locked. . ;'\r~~ 1~, ~ ~~...-ww.-tr 99.

When it becomes necessary for the purposes of an.election Th ~rdl!s to use the ballot boxes it shall be the duty of the secretary- trl u'tlon treasurer to deliver the same to the returning officer for the purposes of the election at least twenty-four hours before the opening of the poll. 100. Where a poll is required the returning officer shall,:;.:;:

19 forthwith cause to be printed at the expense of the town such a number of ballot papers as will be sufficient for the purposes of the election. · •. LJt~·~~~

(2) Every ballot paper shall contain the naines of the duJy nominated candidates arranged alphabetically in the order of their surnames; or if there are two or more candidates ;with the same surname in the order of their Christian names. 101. The names of the candidates for mayor shall not be Thettr included in the same ballot with the names of the candidates oon e for councillors. · 102. The ballot papers shall be in the following forms: FoRM FOR MAYOR . • <l) ;S ALLAN . .... o. CHARLES ALLAN, of the town of ...... .... 0 Merchant. rii ;;... 0 f.'S ~ ~ ....... , 0 ~ BROWN. Q 0 0 0) WILLIAM BROWN, of the town of ~ ~ -~-. c ' Banker. .$ 0 .... ~ E-t ..8 FoRM FOR CouNCILLORS.

Q) ARGO. -:S .... JAMES ARGO, of the town of ..8 le Gentleman. ~ 0 ~ § ..... BAKER . c 0 ..... ::;j SAMUEL BAKER, of the town of 0 0 ~ 0 Baker: 0 ....... 0 0 .... 0 0 DUNCAN. 0 0) ..... 0 - .-4 ROBERT DUNCAN, of the town of Dlrec 0 ~ Q) 0 .... Printer. torvo - 0 ~ E-t .... lOa. The returning officer shall before the opening of the poll prepare such number of printed directions for the guidance of voters in voting as he may deem sufficient. ·

(2) Such directions shall be printed in conspicuous characters and may be according to the following form: DIRECTIONS FOR THE GuiDANCE OF VoTERS IN VoTING. The voter shall go into one of the compartments and with pencil provided in the compartment place a cross on the right hand side opposite the name or names of the candidate or candidates for whom he votes or at any other place within the division which contains the name or names of such candi date or candidates. The voter will fold up the ballot paper so as to show the name or initials of the returning officer on. the back and immed iately after leaving the compartment shall without showing 10118 enJ

20 the front of the paper to any person deliver such ballot so folded to the returning officer and forthwith quit the polling place. If the voter inadvertently spoils the ballot paper he may return it to the returning officer who will if satisfied of such inadvertence give him another ballot paper.

If the voter votes for more or less candidates for any office than he is entitled to vote for his ballot paper will be void as far as relates to that office and will not be counted for any of the candidates for that office.' , If the voter places any mark on his ballot paper by which he may afterwards be identified or if the ballot paper has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified it will be void and will not be counted.

If the voter takes a ballot paper out of the polling place or deposits in the ballot box any other paper than the one given to him by the officer he will be subject to imprisonment for any term not exceeding six months with or without hard labour. In the following forms of ballot paper given for illustration the candidates for mayor are Jacob Thompson and Robert Walker, for councillors John Bull and Morgan· Jones and the elector has marked the first ballot paper in favour of Jacob Thompson for mayor and the second ballot paper in favour of John Bull for alderman.

Q) -5 ,.... .8 ,.... ~ 0 >, 0 ~ >< s ~ ...... 0 Cl ...... 0 0 ·.;: Cl

t) Q) i:l': ~ .s ...... 0 re 0 <1J s ~ <) 0 Cl ..:I ;:::l ..:l .... 0 0 <) z ...... ...... p 0 0 0 Cl Cl 0 0 i:l': ·.;: .s

t) Q) Q) - -5 f£l 0) ....t ,.... .8 0) ....t ,.... 0 ...... THOMPSON. JACOB THOMPSON, of the town of Merchant. X WALKER. RoBERT WALKER, of the town of Physician. BULL. JoHN BuLL, of the town of Butcher. JONES. MoRGAN JoNES, of the town of Grocer. X 101. Every polling place shall be furnished with a com part- voti g mentor compartments in which the voters may mark their votes oom a.r.t. screened from observation and it shall be the duty of the men returning officer or deputy returning officer to see that a proper compartment or compitrtments for that purpose is or are pro vided at each polling place. Pos 105.

Every returning officer or deputy returning officer up 0 shall before the opening of the poll cause.the said printed direc- dire tiona tions to be placarded outside the polling place and also in every voting compartment of the polling place and shall see that they remain so placarded until the close of the polling.

21 106. The poll book shall be in the following form: rn ~ ~ .<j ::.1 ["1 ~ .rueMS o:J. rusnFa U.IOM.S o:J.. pe:J.oefqo ~ S.Iomounoo 0 ... A ~ E-< 0 .IOAUW > uo!:J.udnooo / eouep!S8'H uor:J. uogrruhb --- ["1 ~ z ELECTIONS, PROCEDURE. 107. In the following sections 108 to 161 both' inclusive Interpr the returning officer acting as such at any polling place at tlon the municipal election is referred to as "the officer presiding at the poll." 108.

The officer presiding or appointed· to preside at any Pollcler s poll at an election may by writing under his hand appoint a poll clerk who in the absence of the returning officer or the deputy returning officer or in case of his illness or inability to fulfil the duties required of him by this Act shall have the powers of the _officer by whom he ~as appointed.

(2) The officer presiding at the poll may also appoint a con- consta.bl stable to maintain order at the polling place or he may summon to his assistance in the polling place any police constable or- peace officer for the purpose of maintaining order or of preserving the public peace or preventing any breach thereof or of removing any person who in the opinion of the officer presiding at the poll is obstructing the polling or wilfully violating the provisions of this Act. 109.

Every returning officer, deputy returning officer, Os.th poll clerk, constable, candidate or agent authorized to be present at any polling place before exercising at any polling place any of the rights or functions of the office for which he has been' so appointed shall take and sub scribe before a justice of the peace or before the sec-

22 rctary-treasurer or (in the case of a poll clerk or constable or agent) before the returning officer at whose polling place he is appointed to act an oath in form following: I, A .B., do swear that I will not at the election to be held in the town of ................... on the .............. day of ............. 19 .. attempt in any way unlawfully to ascertain the candidate or candidates for whom an elector has voted; and will not in any way aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the person or persons for whom any elector has voted.

So help me God. 110. The polls shall be kept open from ten o'clock in the Du1'81tto forenoon until seven o'clock in the afternoon of the same day. ofpoll 111. Any person producing to the officer presiding at the Agents poll at any time a written authority to represent a candidate as his agent at a polling place shall be recognized as such by the said officer. 112. Every elector may vote once only for a mayor. One V'Ot for'lll8.y 113.

Every elector may vote once only for the number of One vot tor councillors to be elected and any ballot containing votes for counolll rs more or less than the 'number of councillors to be elected shall be void. 114. Any person who votes oftener than he is entitled to Penalty vote under the provisions of this Act. shall incur a penalty of $511. 115. The receipt by any voter of a ballot paper within the Et~~~; polling booth shall be prima facie evidence that he has there 0 v and then voted . . 116.

Tlie o.fficer presiding at the poll shall immediately ~rx:~~1 1~ o:ox after the opemng of the poll show the ballot box to such persons as are present in the polling place so that they may see that it is empty; he shall then lock the box and place his seal upon it in such manner as to prevent its being opened without breaking the seal; and he shall then place the box in his view for the receipt of ballot papers and shall keep it so in his view and locked and sealed during the hours of polling. 117.

Where a person claiming to be entitled to vote presents ;roc':f re himself for the purpose of voting the officer presiding at the n vo n poll shall proceed as follows: 1. He shall ascertain that the name of such person or a name apparently intended therefor is entered upon the voters' list; 2. He shall record or cause to be recorded by the poll clerk in the proper columns of the poll book the name, qualification. residence and occupation of such person; 3.

When the vote is objected to by any candidate or his agent the officer presiding at the poll shall enter the objection in the poll book by writing his initials opposite the name of such person in the column headed "objected to," noting at the same time by which candidate or on behalf of which candidate the objection has been made by adding after his initials the name or initials of such candidate; 4. If any candidate or his agent demands that the voter be sworn the officer presiding at the poll shall administer to him the following oath:

23 You swear (or solemnly affirm) that you are the person named (or intended to be named by the name of .......... ) in the voters' list now shown to you (showing the list to the voter); That you have not voted before at this election; That you have not directly or indirectly received any reward· or gift nor do you expect to receive any for the vote which you tender at this election; · That you have not received anything nor has anything been promised you either directly or indirectly, either to induce you to vote at this election or for loss of time, travelling expenses, hire of teams or any other services connected with this election; And that you have not directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting at this election; So help you God; 5.

If the voter takes the said oath the officer presiding at the poll shall receive the vote and shall enter or cause to be entered opposite such persons' name in the proper column of the said poll book the word "sworn" or "affirmed," according to the fact; 6.

Where the voter has been required to take the oath or affirmation and refuses to take the same the officer presiding at the poll shall enter or cause to be entered opposite the name of such voter in the proper column· of the poll book the words "refused to swear" or "refused to affirm" according to the fact and the vote of such person shall not be taken or re ceived; and if the officer presiding at the poll takes or receives such vote or causes the same to be taken or received he shall incur a penalty of $100; 7.

When the proper entries respecting the person so claiming to vote have been made in the poll book in the manner pre scribed the officer presiding at the poll shall place a check or mark opposite to the name of the voter in the voters' list to indicate that the name of such person has been entered in the poll book and that the person has been allowed to vote; and shall then sign his initials on the back of the ballot paper; 8. Except in the case mentioned in clause 6 the ballot papers shall then be delivered to the voter. 118.

The officer presiding at the poll may and upon request Expla anon shall either personally or through his poll clerk explain to the to vate voter as concisely as possible the proper method of voting. 119. Every officer presiding at the poll ·who refuses or wilfully Breac ot omits to sign his initials upon the back of any ballot paper ~~!!'1! ng as provided for by clause 7 of

section 117 hereof shall forfeit omceT to any person aggrieved by such refusal or omission the sum of $100 in respect of every ballot paper deposited in the ballot box at his polling subdivision upon which the officer presiding at the poll has not signed his initials as aforesaid. 120 .. The officer presiding at the poll shall place in the columns In1,tda.I ng of the poll book headed "mayor'' and "councillors," as the poll b ok case may be,. his initials opposite the name of every voter receiving a ballot paper to denote that the voter has received a ballot paper for mayor or councillors, as the case may be. 121.

Upon receiving from the officer presiding at the poll Mark'! g the ballot paper or papers prepared as aforesaid the voter shall ot ba.l t

24 forthwith proceed into the compartment provided for the pur pose and shall then and therein mark his ballot paper or papers in the manner mentioned in the directions contained in

section 103 hereof by placing a cross on the right hand side opposite the name of any candidate for whom he desires to vote or at any other place within the division which contains the name of the candidates, he shall then fold the ballot paper across so as to conceal the names of the candidates and the mark upon the face of the paper and so as to expose the initials of the said officer and immediately after leaving the compart ment shall without delay and without showing the front to anyone or so displaying the ballot paper or papers as to make known to any person the names of the candidates for whom he has or has not marked his ballot paper or papers deliver same so folded to the officer presiding at the poll who shall without unfolding the same or in any way disclosing the names of the candidates or the marks made by the voter upon the ballot paper or papers verify his own initials and at once deposit the ballot paper or papers in the ballot box in the presence of all persons entitled to be present and then being present in the polling place; and the voter shall forthwith leave the polling place. 122.

While a voter is in a voting compartment for the purpose seer cy of marking his ballot paper no person shall be allowed to enter o.rvo e the compartment or to be in any position from which he can observe the mode in which the voter marks his ballot paper. 123.

No person who has received a. ballot paper from the Ball \db t officer presiding at the poll shall take the same out of the polling ~~~e. <sed u place; and any person having so received a ballot paper who leaves the polling place without first delivering the same to the said officer in the manner prescribed shall thereby forfeit his right to vote; and the said ·officer shall make an entry in the poll book in the column for "remarks" to the effect that such person received a ballot paper but took the same out of the polling place or returned the same declining to vote, as the case may be; and in the latter case the said officer shall immediately write the word "declined" upon such ballot paper and shall preserve the same. 124.

If a person claiming to be entitled to vote is incapaci- I::b ~11ty, tated by blindness or other physical cause from marking his~; ~allot ballot paper or if a person claiming to be entitled to vote makes a declaration that he is unable to read or when the voting is on a Saturday that he is of the Jewish persuasion and objects on religious grounds to mark his ballot in the manner prescribed by

section 121 hereof the proceedings shall be as follows: 1. The officer presiding at the poll shall in the presence of the agents of the candidates cause the vote of such person to be marked on a ballot paper in the manner directed by such person and shall immediately place the ballot in the ballot box; 2. The officer presiding at the poll shall state or cause to be stated in the poll book by an entry opposite the name of such person in the proper column of the poll book that the vote of such person is marked in pursuance of this

section and the reason why it is so marked; 3. The declaration aforesaid may be in the following form: I, A.B., of. ............. , being named ................. . on the voters' lists for the town of .................... , and

25 being a duly qualified elector of the said town of ............. , do hereby declare that I am unable to read (or that I object on religious grounds to mark a ballot paper, as the case may be). A.B. his (

X) mark. Dated this .............. day of .............. 19 ...... ; 4.

In the case ·of a person who objects on religious grounds to mark a ballot paper the declaration may be made orally and to that effect and such declaration shall at the time of the polling be made by ·the person claiming to be entitled to vote before the officer presiding at the poll who shall attest the same according to the following form: I, C.D., the undersigned, being the returning officer or deputy returning officer as the case may be) of the town of .......... , do hereby certify that the above (or as the case may be) declar ation,·having~been first read to the above named A.B., was signed by him in my presence with his mark (or in the case of one who objects on religious grounds to mark a ballot paper was orally made before me). (Signed) C.D., Returniny Officer (or Deputy Returning Officer).

Dated this.. . ........ day of .. , ................ 19 . 125.

A person claiming to be entitled to vote who has inad- Ba.!:~ vertently dealt with his ballot paper in such a manner that ~~ore it cannot be conveniently used as a ballot paper may on deliver- votl ing to the officer presiding at the poll the ballot paper so inad vertently dealt with and proving the fact of the inadvertence to the satisfaction of the said officer receive another ballot paper in the place of the ballot paper so delivered up; and the said officer shall immediately write the word "cancelled" upon the ballot paper so delivered to him; and he shall preserve the same till he makes his return under

section 142. 126. During the time appointed for polling no person shall Perso a be entitled or permitted to be present in the polling place other~~~~~~ d to than the officers, candidates, poll clerks, constables or agr:nts poni g authorized to attend at the polling place and the voter who place is for the time being actually engaged in voting. 127.

In every polling place the officer presiding at the poll PrO'C dure shall immediately after the closing of the poll in the presence ;~1 ~ 1 seot of the poll clerk, if any, and of such of the candidates or of their agents as may then be present open the ballot box and proceed to count the votes as follows; he shall examine the ballot papers and any ballot paper which has not on its back his initials or on which more or less votes are given than the elector is entitled to give or on which anything except the initials of the said officer on the back is written or marked by which the voter can be identified or which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified shall be void and shall not be counted. 128.

The officer presiding at the poll shall take a note of Obje ttons any objection made by it candidate or his agent or any elector to be noted authorized to be present to any ballot paper found in the ballot box and shall decide any question arising out of the objection. 129. Every objection shall be numbered and a corresponding Ban todbe l b num ere number shal e placed on the back of the ballot paper and and initialled by the officer presiding at the poll. Inltt noo.

26 130. The officer presiding at the poll shall indorse "rejected" Ballot o b 11 h. h h . . lid d h 11 . d be indo sed on any a ot paper w 1c e reJects as mva an s a m orse "rejection objected to" if any objection is made to his decision. 131. The officer presiding at the poll shall then count up Oount the votes given for each candidate upon the ballot papers not rejected and shall make up a statement in words as well as in figures of the number of votes given for each candi- date and of the number of ballot papers rejected and not counted by hiin which statement shall be made under the following heads: (

a) Name of the town and date of election; (

b) Number of votes for each candidate; (

c) Rejected ballot papers. 132. Upon the completion .of the statement it shall Signed be signed by the officer presiding at the poll, the poll clerk, if steitem nt any, and such of the candidates or their agents as are present and desire to sign such statement. · 133. Not more than two agents of any candidate shall be Age~ts t entitled to be present at the same time in any polling place coun during the voting or the counting of the votes. 134.

Every officer presiding at a poll upon being requested Certlfl so to do shall deliver to each of the persons authorized to attend of coun at his polling place a certificate of the number of votes given for each candidate and of the number of rejected ballot papers. 135.

Every officer presiding at a poll shall at the close of Certlfl te the poll certify under his signature on the poll book in full~~;:~ words the total number of persons who have voted and shall sea:un.g up at the completion of the counting of votes in the presence of ofpa.ck ges the candidates or agents of the candidates make up into separate packets, sealed with his seal and with the seals of such candi- dates or agents of candidates as desire to affix their seals and marked upon the outside with a short statement of the con- tents of such packet, the date of the election, the name of the officer presiding and of the town: (

a) The statement of votes given for each candidate and of the rejected ballot papers; (

b) The used ballot papers which have not been objected to and have been counted; (

c) The ballot papers which have been objected to but which have been counted by him; . (

d) The rejected ballot papers; (

e) The declined and cancelled ballot papers; (

f) The unused ballot papers; (

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

section 124 hereof with the declaration of inability; and the notes taken of objections made to ballot papers found in the ballot box; and shall make and subscribe before a justice of the peace or before the poll clerk a declaration in the following fonn: I, C.D., returning officer (or deputy returning officer as the case may be) for the town of. . ................... , do solemnly declare (or if he is a person permitted by law to· affirm do solemnly affirm) that to the best of my knowledge the annexed

27 copies of the voters' list and poll book used at this election held on the ......... day of December, 19 .... , were so used in the manner prescribed by law and that the entries required by law to be made therein were correctly made. (Signed) C.D., Returning Officer (or Deputy Returning Officer). Deelared or affirmed before me at .... this ........... day of ................ 19 (Signed) K. Y. Justice of the Peace (or Poll Clerk, as the case may be). 130.

The packets shall be accompanied by a statement made oath· n by the returning officer or deputy returning. officer showing the .-.. tur number of ballot papers entrusted to him and accounting for them under the heads of (1) counted, (2) rejected, (3) unused, (4) cancelled, (5) ballot papers given to voters who afterwards returned the same declining to vote, and (6) ballot papers taken from the polling place; which statement shall give the number of papers under each head and is in this Act referred to as "The Ballot Paper Account .. "

(2) If there be only one polling place the returning officer shall retain such voters' lists, poll-book, packets, ballot box and declaration until after he shall have publicly declared the result of the election and shall then forward same to the sec retary- treasurer. If there be more than one polling place the deputy returning officers for the additional polling places shall forward such voters' lists, poll-books, packets, ballot box and declarations to the returning officer who shall forward same to the secretary treasurer at the same time as he forwards the voters' lists, poll-book, packets, ballot box and declarations for his own polling place.

(3) Such voters' lists, poll-books, packets, ballot boxes and :'II'P declarations may be inspected at any time by any elector in bo~~. eto. the presence of the secretary-treasurer. 13'7. If there be only one polling place the returning officer Ball shall on the date and at the place previously appointed publicly=: nt declare to be elected the candidate or candidates having the highest number of votes for each office to be filled by the election; he shall also post up on some conspicuous place a statement under his hand showing the number of votes polled for each candidate. (2).

If there be more than one polling place the returning officer shall on the date and at the place previously appointed in the presence of such of the candidates or their agents as may be present break the seal of and op(m the ballot box received from each deputy returning officer and take the same proceedings as are by

Section 135 hereof required to be taken by the return ing officer or deputy returning officers and shall make and initial all necessary corrections in the statement required by said section; the returning officer shall then add the votes given for each candidate at each polling place, including his own, and shall publicly declare to be elected the candidate or candidates having the highest number of votes for each office to be voted upon by the electors; he shall also post up on some conspicuous place a statement under his hand showing the number of votes polled for each candi<;late.

28 138. In case it appears upon the casting up of votes

summary bJ f 'd h t d'd t f ffi h returning as a oresm t at wo or more can 1 a es or any o ce ave officer ot an equal number of votes the returning officer whether other- result wise qualified or not, shall at the time when he declares the result of the poll give a casting vote so as to decide the election. casting vot4 139. Except in such case no returning officer shall vote at Atnhd n>o I . o er any e ectwn . . 14:0. All poll clerks and constables shall if otherwise qualified otffih~~ai no • 0 s be entitled to vote. dlsqua11fted 141.

The person or persons elected as aforesaid shall make Assumption the necessary declarations of office and qualification and shall or office assume office accordingly. 14:2. Forthwith after the election the returning officer shall Retturn1 bgy re• u·rn n deliver to the secretary-treasurer the ballot boxes, packets and officer ~o returns aforesaid; and the secretary-treasurer shall thereafter ~ecretary be responsible for their safe keeping and for their delivery reasurer when required. 143.

The secretary-treasurer shall retain for one month all Dfe~t~fcttlo ballot papers received by him as aforesaid and shall then unless 0 a 0 8 otherwise ordered by a judge cause them to be burned in the presence of two witnesses whose affidavit that they have witnessed the burning of the said papers shall be taken before the mayor or a justice of the peace and filed by the secretary-treasurer among the records of the town. 144.

No person shall be allowed to inspect any ballot papers Inspection in the custody of the secretary-treasurer except unde~ order of a judge to be granted by the judge upon satisfactory evidence on oath that the inspection or production of the ballot papers is required for the purpose of maintaining a prosecution for an offence in relation thereto or for the purpose of taking pro- ceedings under this Act to contest an election or return; and any such order for the inspection or production of ballot papers shall be obeyed by the secretary-treasurer. 145.

The order shall state the time and place for Order for inspecting such papers and shall name the persons to be present at such inspection and shall be made subject to such conditions as the judge thinks expedient. 14:6.

In case at any time within fourteen days from the Recount time when the ballot papers used at any election have been received by the secretary-treasurer it is on the affidavit of a credible person made to appear to a judge that the returning officer in counting the votes given at any election has improperly counted or rejected any ballot papers the judge may appoint a time to recount the votes; and he shall cause notice in writing to be given to the candidate or candidates whose seat ro seats may be affected of the time and place at which he will proceed to recount the votes. 14:7.

At the time of the application for a recount the applicant Deposit shall deposit with the clerk of the court the sum of $25 as security for the payment of costs and expenses and the said sum shall not be paid out by the clerk without the order of the judge.

29 148. The judge, the secretary-treasurer and each candidate Attendance notified to attend the recount of votes and his agent or solicitor and representatives of the press and no other person except with the sanction of the judge shall be entitled to be present at the recount of the votes. 149.

The secretary-treasurer shall attend with the ballot !~~~~!~r;f boxes at the time and place appointed and the judge shall packets proceed to recount all the ballot papers received by the secretary- treasurer from the returning officer as having been given in the election complained of and he shall in the presence of the parties aforesaid if they attend or in the presence of such of them as do attend open the sealed packets containing- (

a) The used ballot papers which have not been objected to and have been counted; (

b) The ballot papers which have been objected to but which have been counted by the returning officer; (

c) The rejected ballot papers; (

d) The declined and cancelled ballot papers; (

e) The unused ballot papers. In recounting the votes care shall be taken that the mode in which any particular voter has voted shall not be discovered. 150.

The judge shall as far as practicable proceed continuously Time with the recount of the votes allowing only time for refreshment, excluding only Sundays and on other days excluding only· except so far as he and the parties aforesaid agree the hours between six o'clock in the evening and nine o'clock on the succeeding morning; during the excluded time the judge. shall place the ballot papers and other documents relating to the election under his own ·seal and the seals of such others of the parties as desire to affi)f: their seals and shall otherwise take precautions for the security of the papers and documents. 151.

The judge shall proceed to recount the votes as follows: 1. He shall examine the ballot papers; 2. Any ballot paper on which votes are given for more or Mode of less candidates than are to be elected for the office in question counting or on which anything except the initials of the returning officer on the back is written or marked by which the voter can be identified and any ballot paper which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified shall be void and shall not be counted; 3.

The judge shall take a note of any objection made by a candidate or by his agent to any ballot paper and shall decide any questions arising out of the objection; and the decision of the judge shall be final; 4. The judge shall then count the votes given for each candidate upon the ballot papers not rejected and shall make a statement in words as well as in figures of the number of votes given for each candidate and of the number of ballot papers rejected and not counted by him; which statement shall be made under the several heads following: (

a) Names of the candidates; (

b) Number of votes for each candidate;

30 (

c) Ballot papers wanting initials of returning officer; (

d) Ballot papers rejected as marked for more candidates than were to be elected; . (

e) Ballot papers rejected as having upon them a writing or mark by which the voter can be identified or as torn, defaced or otherwise dealt with by the voter so that he can thereby be identified; (

f) Ballot papers rejected as unmarked or void for uncertainty; 5. Upon the completion of the recount or as soop. as he has thus ascertained the result of the voting the judge shall seal up all the ballot papers in separate packets and shall forthwith certify the .result to the secretary-treasurer, who shall there upon by notice to be posted in his offite declare elected the candidate having the highest number of votes; and in case of an equality of votes the secretary-treasurer shall have the casting vote; 6. Nothing in this

section contained shall prevent or affect any remedy which any person may have under the provisions contained in The Controverted Municipal Elections Act by proceedings in the nature of quo warranto or otherwise. 152. All costs, charges and expenses of and incidental to an costs application for a recount and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportion as the judge may deter mine regard being had to any costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applicant or the respondent.

(2) The costs shall be on the District Court scale and may if the judge so orders be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client.

(3) The payment of any costs ordered by the judge· to be paid may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which the costs were taxed and an affidavit of the nonpayment thereof. · 1.53. No person shall- Penalties (

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

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

c) Fraudulently take out o.f the polling place any ballot paper; or (

d) Without due authority destroy, take, open or other wise interfere with any ballot box or packet of ballot papers then in use for the purpose of the election; or (

e) Apply for a ballot paper in the name of some other person whether such name is that of a person living or dead or of a fictitious person or advise or abet, counsel or procure any other person so to do; but this provision shall not be construed as including a person who applies for a ballot paper believing that he is the person intended by the name entered on the voters' list in respect of which he so applies; or

31 (

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

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

(3) A person guilty of any violation of this

section shall be liable on

summary conviction before two justices of the peace if he is the returning officer to imprisonment for any term not exceeding two years with or without hard labour; and if he is any other person to imprisonment for a term not exceeding six months with or without hard labour, or to a fine of not less than $50 nor more than $500 or to both fine and imprisonment. 154.

Every returning officer, deputy returning officer or poll Penaltleis clerk who is guilty of any. wilful misfeasance or any wilful act or omission in contravention of sections 108 to 161. inclusive hereof shall in addition to any other penalty or liability to which he may be subject forfeit to any person aggrieved by such misfeasance, act or omission a penal sum of $200. 155. Every officer, clerk and agent in attendance at a polling Penaltlels place shall maintain and aid in maintaining the 'secrecy 6f the voting at the polling place.

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

(3) No officer, clerk, agent or other person shall communicate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted.

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

(5) No person shall directly or indirectly induce a voter to display his ballot paper after he has marked the sa~e so as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper.

(6) Every person who ac'ts in contravention of any of the provisions of this

section shall be liable on

summary conviction before a police magistrate or two justices of the peace to im prisonment for any term not exceeding six months with or without hard labour, or to a fine of not less than $50 nor more than $i500 or to both fine and imprisonment. Secrecy 'Oif 156. No person who has voted at an election shall be required vote to state for whom he has voted in any legal proceedings to · question the election or returns or otherwise relating thereto. Oandl te 157.

A candidate may himself undertake the -duties which:a.:g~ any agent of his might have undertaken or he may assist his agent in the performance of such duties and may be present at any place at which his agent is by this Act authorized to

32 attend; but no candidate shall be present at the marking of a ballot for a voter under

section 124 hereof. . h . f h' A t 1 t' t l t' Candl Bites 158.

When m t e sectwns o t IS c re a mg o e ec wns and ents of mayor or councillors expressions are used requiring or authorizing any act or thing to be done or implying that any act or thing is to be done in the presence of the agents of a candidate or candidates such expressions shall be deemed to refer to the presence of such agents as are authorized to attend and as have in fact attended at the time and place where such act or thing is being done; and if the act or thing is otherwise duly done the nonattendance of any agent at such time and place shall not invalidate it. 159.

No election shall be declared invalid by reason of ~~tl ~ot noncompliance with the provisions of this Act as to the holding result of the polls or the counting of the votes or by r~ason of any mistake in the use of any of the forms contained in this Act or by reason of any other irregularity if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act and that such noncompliance, mistake or irregularity did not affect the result of the election . . 160.

All reasonable expenses incurred at any election under Expen es this Act shall be paid by the treasurer out of the funds of the town upon the production to him of proper accounts verified in such manner as the council may direct. 161.

The secretary-treasurer shall prior to every election ~~~~~ ':~e or the voting upon any by-law furnish the returning officer with turn~s ed at least two copies of sections 4 and 5 of The Controverted :r~~~ ~!~ Municipal Elections Act and it shall be the duty of the officer verted presiding at every polling place to post the same in conspicuous ~~e~~~~ n~ places at his polling place and see that they are so kept posted Act during polling hours.

PART IV. PowERs ANn DuTIEs oF THE CouNciL. Local 162 .. The jurisdiction of the council shall be confined to extent the limits of the town except where authority beyond the same is expressly given by this or any other Act. 163. The council of every town may pass by-laws not inconsistent with any Statute of Canada or Act of the province or with any rules or regulations having the force of law made Pursuant to any such Statute or Act for- Raisin 1. Raising of its revenue by assessment on lands; revenu 2.

Authorizing the mayor to borrow such sum of money Tempo ary as may be required to meet the expenditure of· the town until loans such times as the taxes levied therein can be collected but such amount shall not exceed three-quarters of the estimated amount of taxes of the town for the then current year; Exemp on 3. Exemption from taxation for the then current year; ~~':uo 4. Compromising upon such terms as. may be agreed upon Oompr • for the payment of arrears of taxes; mtslng taxee.

33 5. Compelling the payment of taxes for the current year or arrears of taxes or both before voting at any municipal election or on any by-law of the municipality; 6. The prevention of cruelty to animals; 7. Granting aid to agricultural societies or to boards of .&gl'llcu •tul'a.l trade or in~orporated mechanics' and literary institutes; S'Ooletl 8. The relief of the poor; Poor r lief 9. Appointing policemen or a license inspector or inspectors and regulating and defining their duties and their remuncra- Pouce tion; 10.

Providing for the health of the town and against 'the ~~N: spreading· of contagious or infectious diseases and appointing and defining 'the duties of a health officer and, a local board of health; 11. The making of provisions for the proper scavenging sca.ve gera of the town and licensing and regulating scavengers and fixing a

schedule of rates to be charged by scavengers; 12. Providing for planting and protecting trees on highways r;a:,tt g and other public places; e 13. Taking the census of the town; c 14. Appointing such officials under such names as the council Ap1)01 <tlng may deem necessary for the carrying out of the work of the otflcl.a town, defining their duties and providing for their remuneration; 15.

Acquiring so much real property as may be required Expro nat for highways, roads, streets, bridges, alleys and byways in the tng Ia. d town and for parks and acquiring any real property for the purpose of preventing the operation of any and all such coal mines and coal pits within, upon or under any portion of the limits of the town as in the opinion of the council injuriously affect or endanger property within the limits of the town making due compensation therefor to the parties entitled thereto; 16.

Laying out, constructing, repairing and maintaining P~'llll highways, roads, streets, bridges, alleys, byways and culverts; wor 17.

Closing, selling or leasing any public street, lane, road Clost g h. h th f f h" h . d . th C . stree , etc. or 1g way e ee o w 1c 1s not veste m e rown; notiCe of the intention of the council to pass such by-4aw shall at least two weeks prior to the date fixed for the passing thereof be served upon the occupiers of and the persons registered and assessed 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 delivering such notice to said owners or occupiers or other persons interested, personally or by mailing same by registered mail to their address as shown by the last revised assessment roll of the town or by the records of the land titles office for the registration district within which such land is situated; such notice shall also be published once each week for at least two consecutive weeks in some newspaper published in the town or if there be no newspaper published in the town in some newspaper circulating therein; the last of such publications shall be at least two weeks before the cJate fixed for the passing of the by-law; (

a) Before the passing of such by-law any·person claiming that any land in which he is interested in as owner occupier or otherwise, will be prejudicially affected thereby and petitioning to be heard shall be afforded an opportunity to be heard either by himself or his agent; and any person occupying, owning or otherwise

34 interested in land sustaining damages thereby shall be compensated for such damages in accordance with sections 228 to 242 hereof; (

b) 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. 18. The erection of halls, lockups, weigh houses, markets -:;;:1~~~1° 8 and such buildings as may be beneficial to the municipality and the expropriation of lands therefor; 19.

The establishment and regulation of public markets~~~~ and imposition of penalties for light weights, short measure- ment and any breach of contract in public markets and restrain- Se<llln on ing or preventing selling on the streets; etre&ts 20.

Establishing town scales for weighing or measuring PubUo and compelling the weighing or measuring thereon or there·by sC18.les of anything sold by weight or measurement and establishing or regulating the fees to be paid for weighing and measuring on such scales and compelling dealers in coal to weigh upon such scales all coal sold by them if requested to do so by the purchaser and prohibiting the owners of private scales from charging fees for the use of the same when such town scales are in operation; 21 A . . t' bl' h' d t' k Parks . cqmnng, erec mg, esta IS mg an opera mg par s, ~inks, tc. skating rinks and curling rinks and acquiring land within or without the town for the purposes of the same; 22.

Installing, maintaining and operating any ferry where- FerrJe soever situated licensed under the provisions of The Public Works Act; 23. Regulating and controlling the use of wells and other Public wells sources of supply of water for the town and making provision for a supply of water for the town and regulating the use and rates to be paid for same and preventing the putting of anything prejudicial to health in any stream or any body of water for usc within the town; 24.

Regulating the size and structure and number and Re:1~ 1 tLng construction of doors in churches, theatres and halls or other ~~lldf ·gtS places of public meeting or places of amusement and the street gates leading thereto and also the size and structure of stairs and stair railings in all such buildings and the strength of beams and joists and other supports, the method of lighting the same ami the provisions of stand pipes and other fire appliances in all such buildings; · 25.

Preventing the obstruction of the halls, aisles, passage Preve tlng II h · h h h h ll obstr ~Uon~ ways, a eys or approac es m any c urc , t eatre, a or 1n a.lsl 8, other place of public meeting during ·the occupation of the e<tc. same for a public assemblage; 2G. Providing for and ' regulating the construction and Regu tlng maintenance upon all buildings more than two storeys in ~;:S,P 5 height of a sufficient number of proper ladders, fire balconies and fire escapes; 27.

Regulating the size and strength of walls, beams, joists, ~ef1~ a:g rafters, roofs and. other supports in all buildings within the . a ' town; 28. Subject to the provisions of The Public Health Act, Const ucrt constructing and controlling such sewers, drains and ditches!~~s ers, either within or without the bounds of the town as may be expedient to secure the proper drainage of the town and the disposal of the sewage thereof;

35 . ~9. Buildin~ ~nd repairing sidewalks, prev~nting the leading,~~~ In~s ndmg and dnvmg of cattle or horses on sidewalks; etc 30. Controlling or preventing the riding of bicycles or tricycles Blcy 1es on any sidewalk; 31. Compelling persons to remove and clear away all snow, Clea Ing ice, dirt and other obstructions from the sidewalks adjoining ~~ 0 re ~ta the premises owned or occupied by them; 32.

Providing for the clearing of sidewalks adjoining By n n property of nonresidents and all other persons who for twenty- r~td nta four hours neglect to clean the same and in case of nonpayment of the expenses thereof by the owner or occupant charging the sanie against the property as a special tax to be recovered in like manner as and with other taxes; 33. Purchasing, contracting and working any quarry, gravel Q~,a, ea, or sand pit wherever situated for the purpose of the town; e 34.

Fixing the quality and weight of bread offered for sale .Asslz ot or sold within the town and prescribing the marks which it br should bear and making and enforcing regulations for the sanitary conditions of bread, bake houses and bakeries; 35 .. Regulating the sale of any articles used for food or Regu a.tlng drink and providing for the inspection of the same and for tood seizure and forfeiture of such articles offered or exposed for prod cts sale; 36.

Granting any special franchise subject to such regulations Auth rlzlllJg as the council may make and subject to the ratification of c~nst uctlon the by-law by two-thirds of the burgesses voting thereon ~asw rks, as hereinafter provided but no such special franchise shall etc. save as herein otherwise provided be granted for a longer period than twenty years; - 37.

Building, erecting, buying or leasing, controlling and Eloot ,10 operating any electric light, heat, power, natural gas or gas and o her plant and, subject to the provisions of The Public Health Act, work any waterworks plant or purchasing stock iri any incorporated company carrying on or formed for the purpose of carrying on any of the said businesses subject to the ratification of the by-law by two-thirds of the burgesses voting thereon- (

a) For all purposes connected with the carrying on of any of the above works the town is hereby authorized to acquire any lands either within or without the town and to enter into any contract necessary for the pror:er carrying on of said businesses, including in the case of natural gas plants all contracts in regard to drilling for such natural gas, and generally to conduct said works and businesses, including in the case of natural gas plants necessary drilling, arising in connection therewith either by the council or by commissioners or agents appointed for the purpose as fully and freely and with all the powers and rights they would have if specially incorporated for the purpose of carrying on said business; (

b) In case the town engage in any of the businesses ,heretofore referred to the council shall have power to, appoint by by-law commissioners (or the purpose of carrying on such businesses or any of them and all necessary contracts in connection therewith may be done and performed in the name of the said commissioners who shall be called "electric light

36 commissioners," or as the case may be, and by that name shall have all the powers for properly carrying on the business which are herein granted to the town; Provided that the mayor or any councillor may be appointed a commissioner and shall not by accepting such position forfeit his seat in the council or be deemed to be disqualified therefor under the provisions of

section 15 hereof; A h . . th d t t t . Cont:ra. ts 38. i1Ut onzmg e mayor an secre ary- reasurer o sign fo·r Ug t an'y contract with any person to supply light., power, gas, natural or wat r gas or water for the use of the corporation for any period not exceeding ten years subject to the ratification of the by-law by two-thirds of the burgesses voting thereon; 39. Purchasing or otherwise acquiring and holding any ~~f~:: e ot lands situated within or without the limits of the town which ground e may be required for a nuisance ground for the purpose of disposing of the sewage and other refuse of the town; 40.

Compelling the removal of dirt, filth, dust or rubbish Reb~f"' ot off the roads, lanes or any other places within the town by the ru 8 party depositing the same and the placing of the same where ordered by the council either within or without the town; 4 R l t . d t ll' th f · d Contro •ot 1. egu a mg an con ro mg e use o nmsance groun s nu'lsan e owned or controlled by the town; groun 42. Preventing or controlling the construction of privy Contro ling vaults and providing for the keeping of the same in a proper privies etc. state of cleanliness; 43.

Preventing nuisances and compelling the abat~ment ~~~~s ~~~ thereof generally; 44. Preventing or controlling the erection and use of SI•augh er slaughter houses within the boundaries of the town; houses 45. Inspecting and regulating slaughter houses, dairies and Outsld all other places outside the area of the town from or through the to n which food is brought for sale within the boundaries of the town and framing and enforcing building and sanitary regulations for the said slaughter houses; 46.

Preventing or controlling the storage of gunpowder storag ot and other combustible, explosive or dangerous materials within explos es the boundaries of the town; 47. Directing the removal of doorsteps, porches, railings or ~::~u t~~!s other erections or obstructions projecting into or over any . sidewalk, street or other ptfblic place at the expense of the proprietor of the property connected with which such pro jections are found and assessing said expense if not paid against said lot or property; 48. Appointing street and building inspectors and providing rn~~~ ~rs their duties and for providing for the

summary removal of any pole or wire or other obstruction from the street or for the pulling down or removal or closing to the use of the public of any building or other erection within the town which shall be deemed dangerous by such inspectors; 49. Naming or numbering the streets or avenues and changing~t~:!~ etc. the m~me and numbers or any of them of streets and avenues now existing or hereafter laid out within the town; R l t. th t f 'd' d . . ;Regul tlng 50. egu a mg e rae or pace o n mg or nvmg any speed t vehicle other than a motor vehicle within the town; vebild s 51.

Preventing the encumbrance of the streets and other Preve tlng li l b h. l h . encum er-pub c p aces y ve Ic es or ot erw1se; In.g ot 52. Preventing or controlling the erection and use of bill- stree boardEI for advertising purposes whether the notices be printed ;1~n; or otherwise displayed;

37 53. Regulating and licensing billposters and preventing the B!Upost rs pulling down and defacing of signboards .and billboards or printed or other notices lawfully affixed and for preventing' the def:acing of private or other property by printed or other notices; 54. Licensing, regulating and governing hawkers or pedlars ;;tce~sl g and transient traders, but a municipal license shall not be a.w er granted to any hawker or pedlar unless 'the applicant is the holder of a provincial license for hawkers or pedlars; 55.

Licensing and regulating all persons carrying on business ~lcensl as sellers of horses or mules within the town or bringing horses d~~~!rs or mules within the town for•the purpose of selling or offering the same for sale; 56. Restraining and regulating the running at large of dogs Dog ta.x and imposing a, tax on the owners, possessors or harbourers of dogs and killing dogs running at large; 57.

Licensing, regulating and governing all persons who for ~J~~::.i gain or hire directly or indirectly, keep or have in their posses- tables sion, on their premises or under their control, any pool, billiard or bagatelle tables, in a place of public entertainment whether such pool, billiard or bagatelle table be used or not, and for regulating and governing all persons who use or frequent premises where any pool, billiard or bagatelle table is so kept.

(2) Licensing, regulating and governing public bowling alleys and re~;ulating and governing all persons who use or frequent same; 58.

Preventing or regulating and licensing exhibitors of Llcensl g k . . h h shows. e c. wax wor s, menagenes, Circusses, s ows, t eatres, caravans and for requiring the payment of license fees for authorizing the same not exceeding $500 per day and for imposing fines on persons for infringing such by-laws to the amount of $50 over and above the amount of the license fee; provided such fine and costs and fee may be levied by sale of the goods of the showman or the goods belonging to or used in connection with the show or exhibition whether owned by the showman or not and in addition the offender may be imprisoned for six months; 59.

Preventing or regulating and licensing exhibitions held Llcensi g or kept for hire or profit, halls, opera houses and other places i~~:!! nt of a"!llusement; 60.

Controlling, regulating and licensing livery, feed and Llcens.! g sale stables, insurance companies, offices and agents, real estate ~~lnes es, dealers and agents, intelligence offices or employment offices or agents, butcher shops or stalls, skating, roller or curling rinks 2~nd all other businesses, industries or callings carried on or to be carried on within the municipality or commercial travellers or other persons selling goods, wares, merchandise or other effects of any kind whatsoever or offering the same for sale by sample cards, specimens or otherwise for or on account of any merchant, manufacturer or other person selling directly to the QOnsumer not having his principal place of business in the town and collecting license for the same; 61.

Licensing porters, water dealers, milk dealers or carriers Dlcensl g . d h l "b d . d po•rters, etc. or common earners, raymen, ac rmen, omru us nvers an . all persons performing work with horses or mules within the town for hire and regulating the same and fixing a

schedule of fees to be charged by the same; 62. Establishing a fire department, appointing the officers Fire thereof, regulating rand providing their remuneration and depart ent prescribing their duties;

38 63. Providing protection from fire by the purchase of engines Fire t1 and equipment and authorizing the building of firewalls and protec n granting bonuses for the same; 64.

Compelling the inhabitants to assist and aid in the co~t!11 .g extinguishing of fires, pulling down and razing building and f:~~t·tfn e removing property in the vicinity of fires for the purpose of out1fire, · h d" f h d "d" m.z ng preventmg t e sprea mg o t e same; an prov1 mg colll'-buil&lng pensation for loss or damage sustained by reason of said pulling down, razing or· removal: • Provided that in all cases where a building is razed by the order of anyone acting under .the authority of the council the council shall in all cases compensate the owner to the amount of three-quarters of the value of the property destroyed; 65.

Hegu1ating the erection and repair of buildings and Regul•a:t g h . d" f d l d t" h t" erect'l'Dn f t e1r Istance rom streets an · anes an preven mg t e erec 10n wooden of wooden buildings or additions thereto and wooden fences building • in specified parts of the town and prohibiting the erection etc. or placing of buildings other than with main walls of brick, iron, concrete or stone and roofing of incombustible material within . defined areas of the town and regulating the construction · d d . . f li~i. d f . h 1 .

Chimney an 1menswns o c 1mneys an en orcmg t e proper c eanmg of the ;same and authorizing the pulling down or removal at the expense of the owner thereof of any building or erection which may be constructed or placed in contravention of any by-law R t prohibiting the maintenance or erection of any building used u:~~~~ ~ or to be used as a livery, feed or sale stable, blacksmith shop, ~~ding laundry, implement warehouse, creamery, or lumber, coal or wood shed in such parts of the town as the council may desig- ~~; . 66.

Generally establishing such measures as the safety and Preven on welfare of the town· may require for the prevention and extin- oftlree guishment of fires; notwithstanding any other provisions' of this Act; 67. Compelling the destruction of noxious weeds and plants IX>struo on by the owner qr occupant of the premises upon which the same ~e:i~o 8 may be grown or standing or in default destroying or. removing the same and charging the expenses so incurred as taxes against such premises for the current year; 68. Prohibiting the discharge of" firearms or explosives in the town; 69.

Taking over, purchasing, jlrecting, maintaining an(i Hosptta. s regulatiing hospitals or granting aid for the erection and maintenance of the same either by direct payment or by guaran- teeing the repayment of the principal and interest of any loan obtained by the hospital authorities provided that the amount of. any :such guarantee together with the d.ebenture indebtedness of the town shall not exceed the amount fixed by

section 178 hereof subject to the ratification of the by-law by two-thirds of the burgesses voting thereon; 70. Assisting any incorporated order of nurses by a grant~~~~~ g of money thereto; 71. Licensing and regulating pawnshops, junk stores or Llcensl g • pa;wns ops shops nnd second hand stores or shops and fixmg the amount . to be paid for license for the same and the time such license shall be in force; 72.

Sanctioning and permitting the track of any railroad, ~f;~ street railway or tramway to be laid on, along or across any street, lane or avenue of the town subject to the ratification of the by-law by two-thirds of the burgesses voting thereon as herein- after provided and to provide compensation for any damage that may be done on the property or on said streets, lanes or avenues,

39. the amount of said damage if any to be settled in the manner provided therein in regard to the expropriation of land and to regulate the use of locomotive engines and of st~am or ~th~r motive power on any or every portion of any railroad w1thm the town and to provide and regulate the speed of cars upon any and every part of any railroad within the town and to impose a penalty of not less than $50 nor more than $500 for any breach of such by-law; 'Z3.

Regulating the rate of speed of railway trains and ~ngines ~a~f; .,.ung along or across any of the streets, lanes or avenues of the town tratn and preventing the obstruction of any streets, lanes or avenues by leaving, keeping or allowing to stand thereon any .'engine, train, car or cars or truck for a longer period than fi,ve minutes at a time and preventing the loading or unloading of any car or truck alongside or from any street crossing or sidewalk in the town and blowing of whistle or ringing of bells while the engine is going along or across any street, lane or avenue except under conditions mentioned in such by-law and imposing a penalty for breach of such by-law of not more than $500; (

a) In any proceedings taken for infraction of by-laws Proc ure passed under the two preceding clauses service of necessary documents upon any resident employee of the railroad shall be good service upon the owners of the railroad and any of the persons in' charge of the engine, car, truck or train as well as the railroad company shall be liable for the penalty provided in the by-law and proceedings may be taken against either or any of them; 74.

Acquiring any estate in landed property within or without Parks h t f bl. k d lk f h'b't' exhtlJ tlon t e own or a pu 1c par , gar en or wa or or ex 1 1 IOn groun s, grounds or a site for industrial or manufacturing purposes, etc. , and for the disposal thereof when no longer required for the purpose or when the council of the town may deem it advisable to dispose of the same; and for accepting and taking charge of landed property within the town dedicated for a public park, garden or walk for the use of the inhabitants of the town; 75. ·The erection of buildings and fences for the purpo~:e Ere-ct ng of such garden, walk or place for exhibitions as the council 1~~: 1 i~~ deems necessary; 76.

The management of such park, garden, walk or place Mana e- f h'b't' d b 'ld' ment or ex 1 1 IOns an m mgs; parks etc. 77. Purchasing, maintaining and controlling ,a cemetery Regu ..:tlng outside the town and preventing the burial of the dead within burl.a of the town; t.he d d 78. Subject to the provisions of the Early Closing 'Act the Closl enforeement of closing at any specified hour of all retail shors sho11 as the same are defined by the said Act; 79.

Restraining and regulating the running at large or Rest trespassing of any animals and for providing for dis training ::r~~ f and impounding them and for determining the compensation BIIlim la to be allowed for carrying out the provisions of such by-law and for services rendered in respect to and sustenance supplied for animals dis trained or impounded; for appointing pound- keepers and providing sufficient yards, buildings and enclosures for the safE; keeping of such animals as it' may be the duty of the poundkeeper to impound; for appraising the damages to be paid by the owners of animals impounded for trespassing and (subject to the provisions hereinafter referred to) for providing for the sale of a

Document details

Collection	Alberta — Bills
Citation	L2 S3 10717
Type	bill
Volume / chapter	L2 S3 10717
Language	en
Format	json
Source	PROVINCIAL
Identifier	5a07066fd3dc1935f334dafd632899b0e4e721b3

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