Bill 85 (Legislature 2, Session 3)

L2 S3 10790

Alberta — Bills

BILL No. 85 of 1912.

An Act to amend the Statute Law. (Assented to 1912.) HIS MAJESTY, by and with the advi{Je and consent of the · Legislative Assembly. of the Province of Alberta, enacts_ as follows: 1. This Act may be cited as "The Statute Law Amendment citation Act, 1911." 2. The Judicature Ordinance, being ch.apter 21 of the Con- c.o. Oap. 21 solidated Ordinances 1898, is amended as follows: amended

Section 25: By adding thereto the following: ~:!~~':,./. 5 "

(2) The Attorney General may if he deem proper appoint any other person:to institute and conduct an inquiry into the conduct of any of the above mentioned officers, and such person shall have all the powers conferred upon the Inspector of Legal Offices herein in regard to the conduct of such inquiry."

(2) Rule 590 of the Rules of Court in the .said Ordinance: ~~~:::~ By ·adding to subsection 2 thereof the words; "Provided, however, that if application is made for letters of administration by th{l public trustee appointed under the provisions of the Act of the Parliament of the United Kingdom of 9reat Britain Fu,bllc and Ireland known as The Public Trustee Act, he shall not be Trustee not required to give any bond or security, but shall be subject to~~~~~~~~~~ the same liabilities and duties as if he had given such bond or ty security." 3. The Ordinance respecting Benevolent and other Societies, c:o. Capde<l being

chapter 66 of the Consolidated ·Ordinances 1898, is 66 amen · amended as follows:

Section 2: By striking out the word "Regina" in the third line of subsection 4 thereof, and substituting therefor the word "Edmonton." -

(2) By adding to said subsection the following: "All such declarations heretofore filed in the office of the registrar of the Supreme Court at Edmonton shall be dccmccl, for all purposes, to have been, at the time of such filing, filed in accordance with the proYisions of this Ordinance." 4:. The Companies Ordinance, being

chapter 20 of the Ordi- ~:::~~·~ 901 nanccs of 1901, is amended as follows:· lly repealing

section 5 thereof and substituting therefor the Sect!~~ following: · a me~ , "

(5) Any three or more persons associated for any lawful Who may h. h h th . f. th L . 1 t te cl Incorporate purpose to w Ic t e au onty o e egis a ure ex n s, company except for the purpose of the construction or operation of rail- ways or of telegraph lines or the business of insurance, except hail insurance, may by subscribing their names to a memoranclum of association an~ otherwise complyipg with the requirements of this Act in respect ·of registration, form an incorporated company with or without limited liability."

2 2. By adding immediately after

section 24 thereof the fol- lowing: · "24a. The certificate of incorporation of any company :t~fee;:~:_e and any certificate amending or varying the same, may. at any cate or In time be forfeited, revoked, and made void by an order of the corporation Lieutenant Governor in Council and such ferfeiture, revocation and making void may be on such conditions and subject to such provisions as to the Lieutenant Governor in Council may seem proper." 3. By adding immediately after

section 6~ thereof the fol- lowing: . .

section ea .. "63a. Every company, the obJects whereof are restncted R<Me.t. as aforesaid, shall be deemed to have the following, but, except P f as in this Ordinance otherwise expressed, no greater powers, a ~~~~n: that is to say: . company "

(1) To obtain by purchase, lease, hire, discovery, location o1· otherwise, and hold within the province, mines, min~ral claims, mineral leases, prospects, mining lands and mining rights of every description, and to work, develop, operate and turn the same to account, and to sell or otherwise dispose of the same or any of them, or any interest therein; "

(2) To dig for, raise, crush, wash, smelt, assay, analyze, reduce, amalgamate and otherwise treat gold, silver, copper, lead, ores or deposits and other minerals and metallic substances and compounds of all kinds, whether belonging to the company or not and to render the same merchantable and to buy, sell and deal in the same or any of them; "

(3) To carry on the business of a mining, smelting, milling and .refining company in all or any of its branches; "

(4) To acquire by purchase, lease, hire, exchange or other wise, such timber lands or leases, timber claims, licenses to cut timber, surface rights and rights of way, water rights and privileges, mills, factories, furnaces for smelting and treating ores and refining metals, buildings, machinery, plant or other real or personal property as may be necessary for or condueive to the prorer carrying out of any of the objects of the company; "

(5) To construct, maintain, alter, make, work and ope; ate on the property of the company, or on property controlled by the company, any canals, trails, roads, ways, tramways, bridges, and reservoirs, dams, flumes, race and other ways, water courses, aqueducts, wells, wharves, piers, furnaces, saw-mills, crushing· works, smelting works and concentrating works, hydraulic works, electrical works and appliances, warehouses, buildings, machinery, plant, stores and other works and con veniences which may seem conducive to any of the objects of the company, and, with the consent of the shareholders in general meeting to conti·ibute to, subsidise or othCiwise aid or take

part in any such operation though constructed and maintained by any other company or persons outside of the property of the company, and to buy, sell, manufacture and deal in all kinds of goods, stores, implements, .provisions, chattels aml effects required by the company or its workmen and ser- vants; . "

(6) To build, acquire, own, charter, navigate and use steam and other vessels for the purpose of the company; "

(7) To . take, acquire, and hold as the consideration for orcs, metals or minerals sold or otherwise disposed of, or for goods supplied or for work done by contract or otherwise, shares, debentures, bonds or other securities of or in any other company, the objects of which are restricted as herein aforesaid, and to sell or otherwise dispose of the same;

3 "

(8) To enter into any arrangement for sharing profits, union of interests or co-operation with any other person or company carrying on, or about to carry on, any business or transaction which a company specially limited under this

section is authorized to carry on; "

(9) To purchase or otherwise acquire and undertake all or any of the assets, business, property, privileges, contracts, rights, obligations and liabilities of any person or company carrying on any part of the ousiness which a company specially limited under this

section is authorized to carry' on, or possessed of property suitable for the purposes thereof; · "

(10) To borrow or raise. money for the purposes of the company but so that the amount so borrowed or raised shall not, without the sanction of a general meeting of the company, exceed one-quarter of the amount of the paid-up capital for the time being, and for the purpose of securing such money and in terest or for any other purpose to mortgage or charge the under taking or all or any part of the property of the company, present or after acquired, and to create, issue, make, draw, accept and negotiate perpetual or redeemable debentures or debenture stock, promissory notes, bills of exchange, bills of lading, war rants, obligations and other negotiab)e and transferable instru ments; provided, however, that the restriction in this sub

section contained as to borrowing without the sanction of a gen eral meeting shall not be deemed to be imperative, and shall in no wise limit, control or affect any power of borrowing vested in the board of directors of the company or of the company under the memorandum of association, or the articles of asso ciation, or by by-laws of the company; "

(11) To distribute any of the property of the company among the members in specie; "

(12) To sell, improve, manage, develop, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with the undertaking of the whole or any part of the property and rights of the company, with power to accept as the consideration any shares, stocks, or obligati,ons of any company; provided, however, that in case of a sale for shares in a company, such shares shall be fully paid up; to do all such other things as are incidental or conducive to. the attainment of the foregoing objects." ."1. The Hospital Ordinance, being

chapter 8 of the Ordinanc.es Cap. s ot of 1901, is amended as follows: !~~~;rn- 8ection 3 is amended by

chapter 2 of the Statutes of Alberta, seeuon 3 1910 (Second Session): amended By striking out after the word "of" in the fourth line of said

section the words "thirty-five" and substituting therefor the words "twenty-five." I 6. An Ordinance respecting Water, Gas, Electric and Telephone Ca.p 21. or Companies, being

chapter 21 of the Ordinances of 1901, is ~~!ndoo amended as follows: . By adding to

section 1 thereof the following: &ctr;;;;-1 amended "

(2) Whenever the word 'gas' is used in this Act it shall be 0 ...., to tn- construed to include natural' gas." elude natural gas (~) Ry adding immediately after

section 4 thereof the fol- Seetlon 4a lowmg: . added "4a. No company shall erect wires, for the transmission of company electricity for any purpose until it has filed with the Minister to ftle of Railways and Telephones plans showing the location of such pl.ans

4 wires, their height above the ground and such other information as the Minister may fro'm time to time require, nor until such plans have been approved by such Minister." ,

(3) Section 5: By striking out after the word "of" in the

section 6 third line thereof the word "the" and substituting therefor am~endoo the word "any" and by striking out after the word "places" in the fourth line thereof the words "of the municipality for supply- ing which with gas or water or. electricity or a telephone system or either of them the company has been incorporated." 7. The School Ordinance, being

chapter 29 of the Ordinances Gap. 29 of ' d 1901 a.m- of 1901, 1S amen ed as follows: ended

Section 72: By striking out the words "Municipal Ordi-

section 72 nance" in the seventh line thereof, and substituting therefor Pntded the words "Town Act." ·

Section 77: By striking out the words "Municipal Ordi- !::~':J.~d 77 nance" in the seventh line thereof, and substituting therefor the words "Controverted Municipal Elections.Act."

Section 128 as amended by

chapter 6 of the. Statutes of ~:'!~~ed 128 Alberta, 1910 (Second Session), by striking out after the word "effect" in the fifteenth line of subsection 7 thereof all the words of the said subsection, being the form of debenture therein provided, and substituting therefor the following: "Dominion of Canada, Province of Alberta. $.............. $ ............. . , Debenture No. . . . . . . . . . . . . The .................... School District No ............ of the Province of Alberta. The Doard of Trrtstees of the ......................

School District No .............. of the Province of Alberta promises to pay the bearer, at the .............. on the ............ day of . . . . . . . . ...... the sum of . . . . . . ....... Dollars ($ .... : ... ) of lawful money of Canada. · Dated this: ...... i ...... day of ............. A.D. 19 .. . Chnirman. (SEAL.) Treasurer.'' 4. By adding immediately after

section 130 the following;

Section "130a. Any debentures issued under the provisions hereof 130 a ad-ded and coupons for the interest thereon may be made payable in De-bentures gold or its equivalent of lawful money of Canada or of Great ';:JaJ:I~ In Britain at a bank to be named in any part of Great Britain, sterling the United States of America or Canada. money, etc. "

(2) The signatures on such coupons may be engraved or lithographed." 8. The School Asse.~sment Ordinance, being

chapter 30 of Cap. 30 ot the Ordinances of 1901, is amended as follows: l901 am- By striking out the words "Minister of Public Works" wher- ended ever the same occur in the said Ordinance, and substituting therefor the words "Minister of Municipal Affairs." 9. The Foreign Companies Ordinance, being

chapter 14 of ap. 14 ot the Ordinances of 1903 (First Session) is amended as follows: ~~~a.,:m-

Section 4: By adding thereto the following: Fees pay- "

(2) Upon any increase in the capitalization of any foreign able = In company described in

schedule B hereto, such foreign company ~~:=-~~t~:~ shall forthwith notify the registrar by registered post of such

5 increase and of the amount of same, and ·shall also pay to the registrar the difference (if any) between the fees paid upon registration by such foreign company and the fees payable upon registration by a foreign company having a capital equal to the capital of such. company when so increased, and upon default in payment thereof the said foreign company shall be liable on

summary conviction to a penalty of $50 for each day on which it carries on business within the province in contra vention of this subsection, and proof of compliance with the provisions of this subsection shall at all times be upon the . accused."

(2) By adding immediately after

section 5 the following:

Section 5a "oo. No foreign company which carries on the business of addeod fire, life, guarantee or accident insurance, shall hereafter be ' d b ' d h ' ' f h' A t Insurance registere or carry on usmess un er t e provisiOns o t IS c , companies nor shall any foreign company heretofore registered carry on to have any such business after the 1st day of January, 1913, unless ~~,:~~ton and until such company produces evidence satisfactory to the registrar that it is carrying on such business under a subsisting license from the Dominion of Canada, under the provisions of The Insurance Act, being

Chapter 32 of the Statutes of Canada, 1910, or any Act passed in amendment or substitution thereof." 10. The Agricultural Societies Ordinance, being

chapter 17 Gap. 17 of of the Ordin~nccs of 1903 (First Session), is amended as fol- !~~~am lows; By adding to subsection 5 thereof the following: "Provided that where the amount of ri10uey so actually paid out for prizes exceeds the sum of $500, an amount equal to sixty-six and two-thirds per cent. of the money so actually paid out." ·

Section 33: By adding to subsection 3 thereof the following: "Provided further that the Lieutenant Governor in Council may, if he deem proper, make a special grant to any society which has actually held an exhibition, but which has failed to comply strictly with all the requirements of this section, of an amount equal to sixty-six and two-thirds per cent. of the amount actually paid out by such society for prizes at such exhibition." By striking out the figures "33" wherever the same appear in subsections 7, 8 and 9 thereof and substituting therefor the figures "23." 11. The Public Service Act, being

chapter 4 of of Alberta, 1906, is amended as follows: tlcction 4: By repealing the

schedule in the the Statutes Cap. 4 or 1906 am endoo said

section contained and substituting therefor the following: "(

a) The Office of the Executive Council; "(

b) The Department of the Attorney General; "(

c) The Department of the Provincial Secretary; "(

d) The Department of the Treasury; "(

e) The Department of Railways and Telephones; "(

f) The Department of Public Works; "(

y) The Department of Agriculture; "(

h) The Department of Education; "(

i) The Department of Municipal Affairs; "(

f) The Office of the Government Printer; "(

k) The Office of the Legislative Assembly.

(2) By adding immediately after

section 30 the following: ~~~~gn "30a. Whenever under the provisions of any Ordinance of the North-West Territories or Act of the Province of Alberta, or regulations passed in pursuance thereof, any duties, powers or functions are assigned to any member of the Executive 30&.

Council or any department of the Public Service, the Lieutenant Lieutenant-. C 'l f . t' . h d t' Governor Governor m ounc1 may, rom t1me to 1rne, asstgn sue u tes, given pow- powers and functions or any of them to such other member of er to the Executive Council or department of the Public Service ~:';.~!t~r as may be deemed proper in the place and stead of the member of the Executive Council or, department of the Public Service, to which such duties, powers and functions, or any of them, are assigned by Ordinance or Act a:::; aforesaid·." 12. The Public Works Act, being

chapter 10 of the Statutes cap. 10 or of Alberta, 1906, is amended as follows: !~~~am-

Section ol: By striking out the word "or" in the second

Section 61 line of subsection 4 thereof and substituting therefor the word amen<le<l "of." (

b) By striking out the word "steam" wherever the same occurs in the said subsection.

(2) By adding immediately after

section 64 the following: "Ma. The Minister may ,from time to time make such r~gu-

Section ll4a lations as he may deem proper in regard to any plan of sub- a.dded division of any land which it is proposed to register under the provisions of

section 124 of The Larul Titles Act, being

chapter Ml 1 t r 24 of the Statutes of Alberta, 1906, or any Act passed in amend- gl:e~ ~ow ment'or substitution thereof; and may from time to time impose er tot tml ake . regu a ons and collect such fees or charges, and may make such reservatwns etc. from the area of any land included in any such plan for school or other public purpose, as he may ·deem proper." 13.

An Act respecting Police Magistrates arul Justices of the cap. u ot Peace, being

chapter 13 of the Statutes of Alberta, 1906, is ~~~:;-m amended as follows:

Section 6: By striking out the words "district of" (as the case

Section 6 may be) in the seventh line thereof and substituting therefor amended the words "Province of Alberta," and by striking out the words "King Edward the Seventh" in the eighth line thereof and substituting therefor the words (here insert the name of the reigning Sovereign). 14. The Land Titles Act, being

chapter 24 of the Statutes ca~ 24 of of Alberta, 1906, is amended as follows: !~~e:m-

Section 2: By repealing clause (

p) thereof and substitut- secuon 2 ing therefor the following- amen<le<l " (

p) The expression 'registrar' means inspector of land titles offices, when acting as registrar, a registrar of t'.tlcs, a deputy registrar or au assistant deputy regis trar."

(2) Section 9: By rcpaling same ami substituting therefor

Section 9 the following: ame·n<led "

(9) The Lieutenant Governor in Council may from time to Appoint time appoint a deputy registrar and one or more assistant ~e;t of as deputy registrars, who shall be known as first, second or third ~:t;nr~:~~~ deputy registrar or as the case may be, to assist a registrar under tra~ instructions from the latter and perform such duties as he shall from time to time assign to each of them. "(

b) The <)eputy registrar may, in the event of illness. or absence of the registrar, perform all the duties required by the Act to be done by the registrar; "(

c) In the case of death, resignation or removal from office of the registrar, the deputy registrar shall do and perform all the duties of a registrar until another registrar is appointed."

(3) Section 11: By striking out .the word "and" in the second

section 11 line ~hereof, and by inserting after the words "deputy registrar" amended in the said second line the words "and assistant deputy regis- trar."

(4) Section 12: By adding after the words "deputy regis- ~':!~':el 2 trar" wherever they occur therein the 'Yords ·"or assistant deputy registrar." .

(5) Sec.tion .13: By adding after the words. "deputy registra~" ~~!~~'!J 3 m the third hne thereof the words ".or assistant deputy regis- trar."

(6) Section 14: By adding after the words "deputy regis-

section H trar" in the. second line thereof the words "or assistant deputy amen<led registrar."

(7) Section 16: By adding after the words "deputy regis-

section 16 trar'·' in the second line thereof the words "or assistant deputy amended registrar." '

(8) Section 17: By adding thereto the following: Seetlon 17 "

(2) Every registrar shall when requested furnish under amended seal an abstract in form EE, showing in whose name any parcel of land stands, the number of the certificate of title and the instruments registered against the said land. "

(3) Every registrar shall when requested furnish a general Regl·strar registrar's certificate under seal in form FF." ~~~~:~sh

(9) Section 18: By adding after the words "deputy regis- i::leoctlon 18 trar" in the second line thereof the words "or assistant deputy amended registrar."

(10) Section 26: By striking out the proviso to subsection

section 26 1 thereof and substituting therefor the following: amended "Provided that in no case shall a first or subsequent certificate of title issue for more than fifty lots or for lots in more than one subdivision or for unsubdivided lands which are not con tiguous, or which contain more than six hundred and forty acres." ( 11)

Section 46: By adding after the word "decide" in the

section 46 eleventh line thereof the words "for any reason." a~Th<\n.ded

(12) Section 53: By repealing same and substituting therefor

Section 53 the following: . amended "03. The registrar may require the owner of any land within Prepara his registration district desiring to transfer or otherwise deal ~~~~";,_ 8°f with the same under the provisions of this Act to have the same surveyed by an Alberta land surveyor and to furnish to the registrar a plan of such survey made on tracing linen in black India ink, having the several measurements made thereon, and prepared upon one of the following scales- · "(

a) If the land proposed to be transferred or dealt with is of less area than one acre, then the map or plan shall be on a scale not less than one inch to two chains; · "(

b) If the land is of g~·eater area than one acre, but not· exceeding five acres, then the map or plan shall be on a scale not less than one inch to five chains; "(

c) If the land is of greater area than five acres, but not exceeding eighty acres, then the map or plan shall be on a scale not less than one inch to ten chains. "

(2) The plan shall be signed by the owner and certified by • the Alberta land surveyor who made the survey represented by such plan in the form CC in the

schedule to this Act, and the signature of both owner and surveyor shall be witnessed and attested in the manner hereinafter provided for the attes tation of all instruments.

8 "

(3) The plan shall show all the original boundaries of the section, settlement lot or surveyed parcel of land of which the land desired to be dealt with is a part, with all angular and lineal measurements thereof and all information as to the original monuments found on the ground which are necessary to establish the true position of such boundaries; provided, however, that if, in the opinion qf the surveyor to the land titles office, it is not necessary to show all the said original boundaries in order to clearly determine the accurate position of the land desired ·to be dealt with, it shall be sufficient to show only such information in regard to said boundaries as he may determine to be necessary.

"

(4) If the owner neglects or refuses to comply with the requirements aforesaid the registrar shall not proceed with the registration of the transfer or dealing until the requirements are complied with. "

(5) Any plan which has been prepared in accordance with the provisions of any Act of the Parliament of Canada from time to time known as The Railway Act or of any 'other Act of the Parliament of Canada, and which has been lodged or filed with the registrar under or in accordance with the said provisions, shall be dealt with and recognized by him in so far as it is capable of being dealt with and recognized, as if it had been prepared and' filed or registered under and in accordance with the provisions of this Act. "

(6) Any map or plan attested by the signature of the f:3uperintendent General of Indian Affairs or his deputy and certified by a Dominion land surveyor to be a true copy of a plan of survey lodged or filed in the Department of Indian Affairs, of lands described as 'Indian Lands' in the Act of the Parliament of Canada known as The Indian Act, shall be dealt with and recog:nized in accordance· with the provisions of this

section by the registrar of the land registration district in which the said lands am situated when the said map or plan has been lodged or fi)ed with him, notwithstanding that The Indian Act does not expressly authorize the said map or plan to be so lodged or' filed."

(13) By adding immediately after

section 53 the following: s...cuon 63 "53a. All railway corporations shall deposit with the registrar added of the land registration district within which such lands are Rt'll'way situated plans in .duplicate of the land required for their right P ana of way and station grounds, or for any other railway purpose, before being granted certificates of title therefor, and such plan shall be in accordance with the following provisions: "(

a) The plan shall be made on tracing linen in black India ink and vermilion red, and certified by a Domin ion land surveyor in the form H H or by an Alberta land surveyor in the form C C, in the

schedule to this Act, according as the land dealt with is Dominion or patented land, and the signature of such surveyor shall be duly witnessed and attested in the manner provided for the attestation of instruments to be registered under this Act; "(

b) The area taken from each quarter section, settlement lot, or parcel of land, as the case may be, shall be shown on the plan; " (

c) The original boundaries of sections, settlement lots and parcels of land, together with the information as to monuments, etc., on which the position of such lines was determined by the surveyor on the ground, shall be shown on· the plan; and a sufficient number of angular and lineal measurements to define the limits

9 of the land taken for the right-of-way of such railway and to show their connection with each such original boundary shall also be shown; "(

d) The 'land required for right-of-way shall be defined on the ground by iron posts placed on the southerly or westerly limit thereof, and such posts shall be placed at every change of direction of said limit and at the intersection of said limit with the southerly or westerly boundary of each road allowance or, where there is no road allowance, of each section, settlement lot or other surveyed parcel, whenever for any reason it is not possible to place such posts on the southerly or westerly limit of a right-of-way they shall be placed on the northerly. or easterly limit thereof, and the plan shal show the location of these posts and, in the case o those placed on section, settlement lot or other land boundaries, the distance measured along such boun dary, from such posts to the nearest monument or post on such boundary ; "(

e) When the location of the railway is through land which has been subdivided and of which a plan has been registered under

section 124 of this Act, the railway plan must show distinctly, as to all allotments taken in whole or in part for the right-of-way or station grounds or for any other railway .purpose, the lines of. such allotments according to such registered plan, and a sufficient number of angular and linear measure ments to show the location and connection of the part required by the railway with the external boundaries of each allotment; "(/) The plan shall show the land required for right-of way, station grounds, or other railway purposes coloured red." ( 14)

Section 60: By striking out after the word "land" in

section 60 the fifteenth line thereof the words "together with all mortgages a mended or encumbrances affecting the same, if any."

(15) S('ction ()3: By adding after the word "affect" in the S=tlon 68 fourteenth line thereof the words "or upon the production of a amended receipt or acknowledgement. in the said form I, accompanied by evidence satisfactory to the registrar of the loss or destruction of the mortgage or encumbrance." (l6) tiection 74: By repealing same and substituting therefor

Section H the following: amended "74. Wherever the owner of any land for which a certificate r,·ansmla of title has been granted dies such land shall subject to the :i~~~ :~ provisions. of this Act vest in the personal representative of the <'Ieath deceased owner. "

(2) Such personal representative shall before dealing ·with such land make application in writing (executed by himself or his solicitor) to the registrar to be registered as owner and shall produce to and leave with the registrar the duplicate certificate of title for the lands in respect of which the applica~ tion is made and probate of the will of the deceased owner, or letters of administration, or the order of court authori:z'ing him to administer the estate of the deceased owner or a notarial copy of the will of the deceased made iri notarial or authentic form, executed within the Province of Quebec, the original of which is filed in any notarial office, or a duly certified copy of the said probate, letters of administration or order, as the case may be, for the purpose of this Act the probate of a will granted by the proper court of any province of the Dominion of Canada, or of the United Kingdom of Great Britain and Ireland, or an

10 exemplification thereof, shall be sufficient, if .the same' s?all have been resealed with the seal of the court m the Provmce of Alberta having jurisdiction in such matters. "

(3) The registrar shall thereupon enter upon the said certificate of title and upon the duplicate thereof a memorial of the application for transmission the date of the probate, letters of administration, order of the court or notarial will, the date and hour of the production to him of the same and such other particulars as he may deem necessary and shall also note the fact of registration by the usual memorandum under his hand on the said probate, letters of administration, order or notarial will. "

(4) Upon such memorandum being made the executor or administrator, as the case may be, shall be deemed to be the owner of the land and the registrar shall cancel, the said certi ficate of title in'the name of the deceased owner, and grant to the executor or administrator aforesaid, as such, a new certificate of title and issue to him a duplicate certificate. "

(5) The title of the executor or administrator to the lands shall relate back and take effect from the date of the death of the deceased owner. "

(6) If the certificate of title for the land has not been granted to the deceased owner the personal representatives before being entitled to be registered under this

section shall bring the land under this Act in the ordinary way."

(17) Section 75: By adding aft~r the word "owner" in the

section 76 seventh line thereof the words "or a notarial copy of the will amended of the deceased made in a notarial or authentic form, executed within the Province of Quebec, the original of which is filed in any notarial office." , (

b) By inserting after the word "to" in the twelfth line thereof the words "and left with." ,

(18) Section 83: By striking out after the word "marriage"

Section sa in the third line thereof the words "subsequent to the issue amended thereof.''

(19) SEction 85: By adding after the word "claimed" in '':,_~86 the eighth line thereof the words "and the grounds upon which amen such claim is founded."

(20) Section 95: By repealing same and substituting therefor '•etlon 96 the following: · amended "It shall not be lawful, except as hereafter mentioned, for the same person, or for any one on his behalf, to file more than one caveat in respect of the same matter; but nothing herein contained shall prejudice the right of the registrar to entm· any caveat under the powers vested in him by this Act; and ~a~!' .... t~~ a judge may, if he thinks proper, upon application made to him be flied for that purpose and upon such t~nns as to costs or otherwise as he may consider just, order that a new caveat be filed, and such order shall fix a time within which the caveator must proceed upon such caveat." ·

(21) Section 114: By adding thereto the following:

section 114 "

(2) If it appears to the satisfaction of the registrar that any amended duplicate certificate of title or other instrument has been issued ~r~:~:f~~ in error or contains any misdescription, or that any entry cate · or indorsement has been made in error on any certificate of title or other instrument, or that any such certificate, . instrument, entry or indorsement was fraudulently or wrongfully obtained, he 'may, whether such certificate or instrument is in his custody or has been produced to him in answer to a demand, so far as practicable without prejudicing rights conferred for value, cancel or correct any error in such certificate of title or other

11 instrument, or in any entry made thereon or in any memorial, certificate, exemplification or copy of any instrument made in or issued from the land titles office, and may supply entries to be made: ' "Provided always that in the correction of any such error he shall not erase or render illegible the original words, and he shall affix the date upon which such correction was made or entry supplied. "

(3) Every certificate of title so corrected, and every entry so corrected or supplied, shall have the like validity and effect as if such error had not been made or such ~ntry omitted."

(22) Section 120: By adding thereto the following:

section 120 "

(3) When the said fund shall have reached the sum of amended $75,000, any sum in excess of said amount may, by direction of the Lieutenant Governor in Council, from time to time be Disposition f f f h li d f d of assur- trans erred to and orm part o t e cons~ date revenue un ance fund of the province."

(23) Section. 124 as amended by

chapter 2 of the Statutes

section 124 of Alberta, 1910 (Second Session): amended By striking out all the j'\'Ords of subsection 4 before the word "no" in the sixth line thereof, and by striking out after the word "land" in the seventh line thereof the words "oq.tside the corporate limits of any city or town." (

b) By adding after the word "transfers" in the first line of subsection 5 thereof the words "or mortgages." (

c) By adding to said

section the following: "6. No plan of su lxlivision of any encumbered land shall be registered unless the same be approved and signed by the encumbrancee or encurnbrancees."

(24) The

schedule to the said Act is amended as follows: ~ch~~~e By repealing form CC and substituting therefor the following: 0 1en~ed "I. ................... , Alberta land surveyor, do solemnly declare that the t-mrvey represented by this plan has been made by me in accordance with the provisions of The Alberta Surveys Act, and that this plan is correct and true to the best of my knowledge ami belief, and is prepared in accordance with the provisions of The Land Titles Act. "Dated at ............ this ............ day of ........... . 19 .... , in the presence of. . . . . . . . . .......... " By adding thereto the following: "FORM EE.

Section 17 (2). The Land Titles Act . . . . . . . . . . . . . . . . . . . . . Land Titles Office, .................. . Alberta Land Registration .District. Re ............... . I hereby certify that on this ......................... day of. ............... A.D. 191. ... , at ................ o'clock ...... m., Certificate of Title Number .................. stood in the name of. ................... for the above land subject to the following registered instruments only:

12 .£ .; " i -si -i .Sl "0~ .. ;; h ~ C!~ ~~ oa .. 1 .!"' _!.i:j, .s ~~~- :sl "';it] aS" ~~ j e &"a ~ ol ~] z .... Z.!l Cl 8 Registrar, ............ Alberta Land Registration District. "FORM FF.

Section 17 (3). Land Titles Office, ........ Alberta Land Registration District. I hereby certify that on this ......................... day of ................

A.D. 191. ... at .... ' ...... o'clock ........ m., there arc no decrees, orders or executions entered in the execution register of the above office, and no instrument referring generally to lands entered in any other register of such office, which affects lands of ........................................... . • • • • • • •• '·' •••• 0 ••••••••••••••••••••••••••••••••••••• 0 ••• • • • • 0 0 ••••••••••••••• 0 •••••• 0 •••• 0 •••••• 0 ••••••••• 0 •••••• , ••••••••••••• 0 •• 0 0 ••• 0 •• 0 ••••• 0 ••••••••• 0 ....... 0 ••• 0 •••• excepting: Registrar, ......... Alberta Land Registration District. "FoRM GG.

Section 71. North Alberta Land Registration District. Certificate of Charge. Mortgage or Encumbrance. Mortgage or Encumbrance No. . . . . . . . . Application No ..... . Assignment No. . . . . . . . Certificate of Title No ....... .

This is to certify that a ................................. . . . . . . . . . . . . . . . . . · ..... made by .......................... . to ...................................................... . for the sum of. .............................. · ............. . dollars affecting .............................. · ............ . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 0. 0 ••••••••• 0 •••••••••• 0 was duly registered in the Land Titles Office at ............... . Alberta, on the ........... day of. ...........

A.D. 19 ..... . at. . . . . . . . . . ............. o'clock. . ....... m., and that no registered mortgages or encumbrances affecting the said lands are .entitled to priority over the said: .................... . • • • • • • • • 0 ••••••• ••••••••••••••••••••• 0 ••••••••••••••••••• except the following, that is to say: ................... · ...... . . . •.• ................................................... .

13 Dated at the Land Titles OfJice at .......... , Alberta, this ............ day of. . . . . . . . . . . . . .. A.D. 191 . .. . Registrar . . . . . . . . . . . Alberta Land Registration District. "FoRM HH.

Section 53a. I,. . . . . . . . . . . . . . . . . . . . . . . . ... a Dominion Land Surveyor, .do solemnly declare that the survey represented by this plan has been made by me and that the said plan is correct and true to the best of my knowledge and belief and is prepared in accord ance with the provisions of The Land Titles Act. Dated at .... · ........ this ............ day of. . . . . . . . . . . . . 19 .... , in the presence of ..................... " . 15. T~w Medical Profes~ion Act, being

chapter 28 of the ~:~h~e~t!~- Statutes of Alberta, 1906, Is amended as follows: utes <>tAt-

Section 61: By striking out after the word "surgeon" in '-· 1906 the Second line thereof the WOrds "in any branch Of the public Is amended service of the Province of Alberta, or.',' 16.

An Act to Incorporate the City of W etaskiwin, being

chapter Cap. u ot. 41 of the Statutes of Alberta, 19061 is amended as follows: !!~:.,.am-

Section 3: Bv striking out after the word "made" in the second line thereof the words "or any Act in substitution ~~!~~~ 3 thereof," and by striking out after the word "Ordinance" in the fifth line of said

section the words "or Act." 17. The District Courts Ad, being

chapter 4 of the Statutes of cap. t or Alberta 1907 is amended as follows: 1907 am-' ' ended By adding immediately after

section Hi thereof the following:

section 16a. "l6a. Whenever it appears that the convenience of the added public so requires, the Lieutenant Governor in Council may Po<Wer to appoint deputy clerks for the District Courts, for all or any of appoint h . d" . l d" . . th . d d 0 0 deputy dls-t e JU ICla tstncts m e provmce, an may estgnate the trlct court place o .. places where their offices shall be established, and clerks may fix their remuneration and the expression 'clerk or clerks' where used in this Act shall be taken to include such deputy clerks respectively. "

(2) Until such appointment is made the deputy clerk, or acting deputy clerk of the Supreme Court for the judicial districts respectively shall exercise all the functions which under this Act would be exercisable by deputy clerks of the District Courts. "

(3) All appointments heretofore made by the Lieutenant Governor in Council of persons as deputy clerks, acting deputy clerks, or acting clerks, of any District Court in this province are hereby declared to have been and to be legal and valid." 18. The Assignments Act, being

chapter 6 of the Statutes of f:ii 6 or Alberta, 1907, is amended as follows: endeJ'm-

Section 23: By striking out, after the word "claim" in seetton 23 the third line thereof the words "proved by affidavit" and amended substituting therefor the words "verified by statutory declar- ation." 19. The Insanity Act, being

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

Section Hi as amended by

chapter . 2 of the Statutes of

Section 16 Alberta, 1910 (Second Session): By adding after the word amended "released" in the first line of subsection 4 thereof the words "or handed over to any immigration officer or other person for deportation." (2). By adding- immediately after

section 23 the followi11g: "23a. Every person who has been detained a;;; insane shall, sectt<m. 23a as soon as in the opinion of the superintendent of the asylum added in which he or she has been confined, such person has been mschar>ge . t f hi lf h ]f of lnse.ne restored to reason and Is competent to ac or mse or erse persons be forthwith discharged; in case the discharged person be in indigent circumstances such person may be furnished with necessary clothing and with an amount of money sufficient for sustenance and travelling expenses to his or her home, but in no case shall the amount of money furnished exceed the sum of $20.00." 20. The Village Act, being

chapter 10 of the Statutes of Alberta, f:J'.; 10 af 1907, is amended as follows: amem:ted · Section· 2: By striking out the words "Minister of Public

section 2 Works" in clause 2 thereof and substituting therefor "Minister amended of Municipal Affairs." ·Section 6

(2) Section 6: By repealing same. amended

(3) Section 51: By repealing same and substituting therefor the following: · "51. The council of any village may pass a resolution or ~J~~~~ng resolutions licensing, regulating and governing all persons talblee who for gain or hire directly or indirectly keep or have in their possession, 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. "(

b) Licensing, regulating and governing public bowling alleys and regulating and governing all persons who usc or frequent same."

(4) Section 52: By adding thereto the following:

Section 52 "Th , . f hi . . d d amended e provtswns o t s sectwn m regar to assessment an taxation shall hereafter apply to all villages notwithstanding that the presentation therein referred to may not be pa::'sed or the r etition therein referred to not presented and any provi sions of this Act inconsistent therewith shall be deemed to be repealed."

(5) By adding immediately after

section 55 the following: Seoilon 55a "55a.

On receipt of a resolution of the council, together a.dlded with a petition of the majority of the resident ratepayers, the signatures to which petition shall be verified by statutory :~;,~r !;e. declaration, the Minister may authorize the council to grant, clal fran subject to such. terms as shall be approved by the Minister, chlse to any 'person, firm or cocporation any right, authority or permission whether exclusive or otherwise to construct, main- tain or operate within the village, for a term not exceeding twenty years, in, under, above, on, through, or across any highway, road, street, lane, public place or public water, within the jurisdiction of the village, any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for the purpose of bridges, .railways and tramways, or for the purpose of conducting steam, heat, water, gas, natural gas, electricity, or any other property, substance or product capable of being transported, transmitted or conveyed for the supply of water, or heat, light, power, fuel, transportation, or other service."

(6) By adding immediately after

section 79 thereof th following:

15 "79a. A census of any village may at any time be taken census under the authority of a resolution of the ratepayers passed ~~nbe at the annual village meeting or at any other meeting of the ratepayers specially called for that purpose. "79b. In case it appears by the census return taken under Necess1 a.11ry . h "]] t . popu a. on such resolutiOn or ·any statute t at a VI agl~ con ams over for lncor- four hundred inhabitants the village may be erected into a por..:tlon as town municipality subject to the provisions hereinafter con- town tained. "79c.

No village shall be erected into a town municipality R""olutlon unless and until a resolution has been approved by two-thirrlR of village of the ratepayers voting thereon at a meeting specially called for the purpose. "(2) -The said resolution shall state limits of the proposed town which may include additional lands adja~ent to the village. "

(3) The voting on the said resolution shall be held in the same mannet as :the voting for election of overseer. "79d.

The overseer of the ivllage shall upon the passing of Notice to such resolution post up a notice in five public places in thl' be poatoo village and insert the same in two consecutive issues of the official gazette and in four consecutive weekly issues of a newspaper published in or nearest to the village setting forth in the notice the intention of the overseer to apply on behalf of the village to the Lieutenant Governor in Council for th(· erection of the village into a town municipality and stating the limits intended to be included· therein. "79e.

At any time not less than one month nor more than Procla.ma two months after the last publication of the said notice the ~ion erect- 1 t h L. G . C - . mg v!Uage overseer may app y o t e 1eutenant overnor m ounc1l into a for the erection of the village into a town municipality and town shall with the application furnish satisfactory proof of the census, resolution and publication and posting of notice afore- said and thereupon the Lieutenant Governor may by procla- mation erect the village into a town municipality by a name to be given thereto in the proclamation. La.ndsd not "79f 'l'h 1. t t G .

C 'J . 1 d . inclu el(} In • P ,1eu .cnan overnor m ounc1 may me u e m village the new town anv lands not included in the village but adjacent may be thereto and within the limits mentioned in the aforesaid notice. auded "79g. From and after the erection of any village into a town Town f"1 municipality as hereinbefore provided all of the . provisions to a~p Y of The Town Act shall apply hereto. "79h.

The council of the village shall until the election of :~~::;~ a council for the town under the provisions of The Town Act continued be deemed to be the council for the town and shall have all ~i~~~ <>~lee the powers and be charged with all the duties of a town council town conn and all the officers of the village shall be and become officers ell of the town and shall hold office until their successors are appointetl. · "79i.

All books, accounts, records, lists, vouchers, moneys Property to and all other properties of the villag_e shall forthwith on demand~: ::~~::red of the secretary-treasurer be delivered by the person last tary-tre-as holding them to the said secretary-treasure!· who shall for the urer purpose of receiving the said books, accounts, records, vouchers, moneys and other property be deemed to be the successor in .office of the secretary-treasurer of the village. . "79k.

All provisions of The Village Act and llmerdments Certa,ln1 b . h . f d" . prov s ons t ,ereto respectmg t e pre-.:entwn o 1sease lind fire, billiard of VIllage and dog licrnscs, licensing travellirg f:'l:owmen and entertainers, Act fo be hawkers and pedlars, and animllls running at large and all by-la-ws· resolutions passed and regulations made thereunder having

16 force and effect in the village at the date of its erection into the town municipality, all provisions for the collection of such license fees and for penalties for the infraction of any of the said provisions or regulations shall continue in full force in the town municipality as by-laws of the said town municipality until amended or repealed by by-laws passed by the council. "79l.

All taxes due to the village shall on its· erect\ on into vt lllaget b ' • 1' d b f d t axes o e a town mumc1pa Ity be deeme to e arrears o taxes ue o paid to such municipality .and the provisions .of the said Act relating town to arrears of taxes and the collection thereof shall apply thereto. "79m. All suits and rights of action by or against the village suits and shall after its erection into the town municipality be continued ~~c~r;~ ~~d or maintainable by or against the town municipality and all ua.:bllltles debts and liabilities of the village be assumed and paid by cont-Inued the town municipality. , "79n.

Thf) title to and all rights in respect of any real estate Title to • . · pro'perty of or other property of the village shall, be vested m the town village to municipality upon the erection of the village .into a town Pas·~ to . . I' tOW,n mumc1pa 1ty. 79o.

The Lieutenant Governor in· Council may, upon the ~~';.ue~renU:r~t recommendation of the Minister, if satisfied that the provisions In couoncn of this Act respecting the erection of villages into towns have ~:.;gu".:"'lve been substantially complied with, notwithstanding any defect, J,arlty irregularity or want of form in any of the proceedings incident to the erection of any village into a town, proclaim the same a town municipality." 21. The Local Improvement Act, being

chapter 11 of the~;.~!J·r 1907 Statutes of Alberta, 190i, is amended as follows:

Section 2: By striking out the words "Minister of Public ~!~~l'J 'Vorks" in clause 1 thereof and substituting therefor the words "Minister of Municipal AfT airs."

(2) By striking out all words after the word "of" iii clause 2 thereof and substituting then•for the words "Municipal Affairs."

(3) By adding to said

section the following: "25. 'Territorial unit' means any portion of the province ~;~r:.~orlal included within the limits . of a municipality proposed to be organized under ·The Rural Municipality Act, as shown on the map referred to in

section 9 of the said Act, and not organized as a municipality or district and excluding therefrom the area of any city, town or village established therein."

(2) By repealing sections 3 to 8 inclusiv_e and substituting sections 3 therefor the following: ~~aL~e- " 3.

Every district then existing under the provisions of this 01 1 Act shall on, from and after the second Monday in December, za~t'::;~~ · 1912, become and be disorganized and cease to exist as a distri-ct district: "Provided that· the person who was secretary pf each such district shall continue to collect such taxes as were immediately before such disorganization due such district until notified by the Minister to cease, whereupon he shall hand over to the Hecretary of the district or districts or of the rural municipality or rural municipalities, as the case may be, entitled thereto according to the ·adjustment made of the assets and liabilities of the district disorganized, as hereinaf1;er provided, all taxes so received by him and all "other moneys which he may have in his possession or under his control apportioned to any township that was comprised in the district so disorganized and shall forward a statement thereof to .the Minister: "Provided further that such person shall in the year 1913 compile the return of arrears mentioned in

section 91 hereof

17 and for such service and any other· service performed by him after said second Monday in December, 1912, he shall be paid rateably by the districts and rural municipalities that include any township 'or part thereof that formed a part of the district so disorganized: , "And provided fur:ther that such person shall retain and be accountable for the safe keeping of the funds, books, records and documents that belonged to the district- so disorganized until the Minister notifies him what disposition to make thereof. "4.

Every council shall before the fifteenth day of November, ~~~f;~~~c~P 1912, or such later date as the Minister may determine, wind up the affairs of the district, settle and adjust all its assets and liabilities and apportion the same fairly and. equitably among the township5 included in such districts. "5.

Every council shall not later than the said fifteenth statement f N b f J h M' . to be for-day o ovem er, 1912, orwarct to t c mister a statement w•aroed to showing in detail the outstanding assets and liabilities of the minister district and the apportionment thereof among the townships· includeli in such district. "

(2) For the purpose of winding up the affairs of the district, every council may sell and dispose of by public auction or . private sale any personal property belonging to such district. "6. Every council shall cause a notice, in the form herein Notice to prescribed, to be published in two consecutive issues of The rtie cl!wse Alberta Gazette and once. a week for four ~onsecutive weeks in some newspaper published in the district, or if there be no newspaper published therein in the newspaper whose publication is nearest. thereto; the last publication of such notice shall not be later than the first day of November, 1912. "

(2) Any person who fails or omits to forward to the secretary of the district before the seventh day of November, 1912, as aforesaid, particulars of his claim against such district shall be debarred of his right to recover the same from such district or from any other district liable for the liabilitie~ of such first mentioned district. "

(3) Such notice shall be in the following form: "NOTICK "Local Improvement District No. (give number). "Notice is hereby given that all persons having claims against Local Improvement District (give ·number) are required to send particulars of such claim to (name and post- office,address of secretary), the secretary of said district, before the seventh day of November, 1912, and that any person who fails to or omits to do so shall be debarred of· his right to rrcover the same from said district or any other district that may be liable for the liabilities thereof.

"Dated at ............ this. . . . . . . . . . day of. .......... . 19. 0 0 0 ° • " "Secretary, "Local Improvement District (give number). "7.

In case the council shall disagrpp as to the proper adjust- ~~~·::t-;:; 8~ 0 ment, settlement or apportionment of the assets 4l.nd liabilities putee of the district among the townships included therein the Min;ster may appoint one or more persons who shall have power to adjust. settle and apportion among such townships the assets and liabilities of the district and such r er5on or persons shall have access to all books, records, papers an,d documents belongin~ to the district and any adjustment, settlement or apportion~ ment made by such person or persons shall be binding on the ' '

18 district and on the townships thereof; such person or persons shall receive such remuneration from the district as the Minister may determine, and the person or persons so appointed shall have power to require the attendance· during the course of such adjustment, settlement or apportionment of any councillor or officer of the district or of any other person whose presence he or they may deem necessary and shall have the same power as is exercisable by any judge or court in civil cases to compel the attendancE! of any such councillor, officer or other person before him or them, to compel the production of documents and to take evidence under oath.

"8 Th M' ' te b d . Reorganlzs-• e tms r may Y or et- ot districts "(a) ·Constitute any territorial unit a .district, assign a name and number thereto, divide the same into divi- sions as nearly as may be of uniform shape and area, and assign to each division a number; "(

b) From time to time change the name or number of any district; "(

c) From time to time change the boundaries of. any or all of the divisions of any district; "(

d) Whenever any area within _a district is constituted a village under the provisions of The Village Act, being

chapter 10 of the Statute:; of Alberta, 1907, or any Act passed in amendment or substitution then•of, or included within the limits of a town or city, withdraw such area from the district and adjust all assets, rights, liabilities and matters between the district and such village, town or city; "

(2) Any order made under clause (

a) of this

section shall take effect only on, from and after the second Monday of December next following the date of such order. "Sa.

Whenever any district, constituted on or after the AdJustment said second Monday in December, 1912, includes a township ~~dou;~:~~u or townships that theretofore formed a part of a Jistrict all u.,.,. the assets and liabilities apportioned to each such township shall respectively be used for the benefit of and be a charge upon such township alone: "ProviJed, however, that save as between such township and district, so constituted, such assets and liabilities shall be deemed to be the assets and liabilities of the district: "Provided further that all arrears of taxes apportioned to any such township may be collecteJ by such district in all respectS as though such arrears were originally due to such district: "And provided further that such district may by a special rate or rates levy on such township such tax as may be neces sary to raise a sum sufficient to discharge any liability appor- tioned to such township." '

(3) Section 18: By striking out the words "A Judge of the

Section 18 Supreme Court" after the word "for" in the ninth line thereof, smended and substituting therefor the words "The judge of the District , Court of the judicial district within which the district is wholly or partly situate, or if the district is equally situate within m0 re than two juJicial Jistricts for the judge of the District Court of any such judicial district." ( 4)

Section 78: By striking out after the word "in" in the Se<ltlon 78 4th line thereof the words "municipality, district or village'' amended anJ substituting therefor the words "city, town, village, rural municipality or !listrict."

(5) Section 87: By inserting after the word "Minister." Sect1011 87 in the fourth line thereof the words "of Public Works." amended

(6) Section 91: By striking out the words "of Public Works" sectron 91 after the word "Minister" in the second line of subsection 4 amended thereof. · .

(7) Section 92: By striking out the words "A judge of the sectl<>n n Supreme Court in Chambers" after the word "to" in.the second amended line thereof, and substituting therefor the words "the judge of the District Court of the judicial district within which such local improvement district is wholly or partly situated, or if such district is equally situate within more than two judicial districts to the judge of the District Court of any such judicial district."

(8) Section 93: By striking out the words "of public works" after the word "Minister" in .the first line of the· proviso to

section 1 thereof. 22. The Vital Statistics Act, being

chapter 13 .of the Statutes Cap. 13 or of Alberta, 1907, is amended as follows: uo1 am-. , ·. ended Sectwn 2: By addmg thereto the followmg: . · . . .

Section 2 "

(5) The expressiOn 'camp or mme' meanH and mcludes amended any lumber, saw mill, railway or other constmction camp, railway camps or any other maintenance work, quarries, mines, smelting or cement work situated outside of the limits of any city, town or village." ·

Section 18: By adding. thereto the following:

Section 18 amended "

(2) Where a death occurH in any camp or mine, before interment of the body, the owner, manager or other person in charge shall report such death to the Department on Form C in the

schedule to thiB Act, together with such additional information as mai from time to time be required by the Minister.''

Section 21: By adding thereto the following:

section 21 P 'd d h h • . . . amended " rov1 e t at w ere a coroner's mqmry or mquest Js held in connection with any death, it shall be the duty of such coroner to sign the certificate of the cause of death." 23. The Game Act, being

chapter 14 of the Statutes of Alberta, Cap. 14 or 190i, is amended as follows: . 1907 am- . · ended Sectwn 4, a~ amended by

chapter 13 of the Statutes of Alberta, 1910 (Second ·Session): By striking out the figures "1912" ~:::!!t~~ 4 and substituting therefor the figures ." 1915."

Section 5, as amended by

chapter 13 of the Statutes of Alberta Sectl':tn d 5 1910 (Second Session); by adding after the word "in" in the ame.n e first line of subsection i hereof the words "or place. in cold storage."

Section (): By adding thereto the following: -

Section 6 amended "

(2) No person shall at any time destroy, partially destroy, or leave open, the house of any muskrat or beaver; "

(3) No person ·shall at any time interfere with or destroy any beaver dam; provided, however, that the Lieutenant Governor in Council may authorize the destruction of any beaver dam or house, or may authorize the taking or killing of any fur-bearing .animal and the disposition of the same where such taking or killing or disposition is deemed to be in the public interest. "

(4) No person shall at any time use or set poison for the killing of fur-bearing animals." ·

Section 18, as amended by

chapter 13 of the Statutes of

Section 1s Alberta, 1910 (Second Session): By striking out after the word amended "person" in the second line of the proviso in the ·said

section

20 contained, the words "who does not reside ·in a city, town or village" and substituting therefor the words "actually in occupation of any farm or the son or step-son of any such person." By adding immediately after

section 19b the following: "19c. The Lieutenant Governor in Council may authorize Refund to • f h 'd b h' treaty the refund to any treaty Indian o t e amount pal y 1m Indiana for any license under the provisions of this Act upon a certificate being furnished by any Indian agent under his hand that such person is a treaty Indian on the Reserve under his control." 24. Th_e Noxious W eed8 Act, being

chapter 15 of the Statutes of Alberta, 1907, is amended as follows:

Section 2: By adding to subsection () thereof the following: "And for the purposes of this Act the council of any city, town or village shall be deemed to be the owner ·of all land within the boundaries of such city, town or village respec tively."

Section 4 : By striking qut the word "the" before the word "land" in the fifth line thereof.

Section 13: By striking out the words "five seeds" after the word "than" in the fifth line thereof and substituting therefor·· the words "one seed"; and By striking out the word "thousand" after the word "per" in the fifth line thereof and substituting therefor the word "ounce." By adding to said

section the following: "No person shall sell or otherwise dispose of or offer for sale, or other disposal, any grain intended for the purpose of feed,· in which there are more than ten noxious weeds to· every ounce of such grain." 25. The Educaticr.al Tax Act, being

chapter 18 of the cap. 18 or Statutes of Alberta, 1097, is amended as follows: !!~~am- By striking out the words "Minister .of Public Works," Mtnt.,ter of "Tax Commissioner of the Department of Public Works," or muntctpal "Tax Commissioner of the Public Works Department," wher- :~""~:~~!:~ ever the . same occur therein, and substituting therefor the powers words "Minister of Municipal Affairs." D. t 1 • epar-

(2) By striking out the words "Department of Public Works" ment ot wherever the same occur therein, and substituting therefor :;~~';.'P;lv- the words "Department of Municipal Affairs." en cl'rt,aln

(3) Section 11: By repealing same and substituting therefor powers the following: ~:':.'!~~~11 "11. The Minister shall during the month of January in - Tax·en-each year prepare a separate statement, to be known as 'the forceme-nt tax enforcement return,' and the said Minister shall enter return in such return the following information in the columns provided for the purpose: "(

a) The name and post office address of each person whose name appears on the last revised assessment roll and who has not paid all taxes due by him thereunder for the year next pre ceeding the preparation of the said roll, or for any formel' year; "(

b) A description of each lot or parcel of land for which each· such person is assessed; , "(

c) A statement of the taxes due by each such person on each lot or parcel of land for which he is assessed, including the taxes of the next preceding year and showing the years for which all such taxes were levied.

21 "lla. The said return shall for all purposes be prima facie Return evt 'd f h l'd't f h t d ' 't' f dence <>f va ev1 ence o t e va 1 1 y o t e assessmen an 1mpos1 wn o l!dlty of as- the taxes, as shown therein, and that the steps and formalities sessme'll.t prescribed by this Act have been taken and observed."

Section 12: By striking out the words "a judge of the ~~~~~'!.t 12 Supreme Court in Chambers" in the second and third lines thereof, and substituting therefor the words "a judge . of the District Court of the judicial district within which such lands are wholly or partly situated, or if such lands are equally situa- ted, within more than two judicial districts, to the Judge of the District Court of any of such judicial· districts."

(4) Section 17: By repealing same and substituting therefor

section 17 h f 11 •· repealed t e o owmg: , "17. The moneys levied under this Act shall be paid over to the Provincial Treasurer, as collected, to be dealt with as provided by The Treasury Department Act, being

chapter 5 of the Statutes of Alberta, 1906, or any Act passed in amend ment or substitution thereof. in that behalf, and. all moneys now in hand or collected in future shall be appropriated and expended solely for the benefit of Education in the province, as may be directed from time to time by the Legislative As sembly: "Provided, however, that the expense incidental to the assessment and collection of the taxes hereunder shall be a first charge upon the same."

(5) Section 17a: By repealing same. Sootlon 17a. repealed 26. The Corporations Taxation Act, being

chapter 19 of the Cap. 19 of Statutes of Alberta, 1907, is' amended as follows: !~~~am.

Section 2: By repealing clause (]) thereof and substituting s 1 2 • ect on therefor the followmg: amended "'Minister ' means the Provincial Secretary for Alberta."

(2) By striking out the words "Treasurer, Provincial Tr!'asurer Minister or Treasurer of the Province" wherever the same occur in ~~~s:;~'!!,~ the said Act and substituting therefor the word "Minister." urer 27. The Legal Profession Act, being

chapter 20 of_ the Statutes ~:7 20 of ·of Alberta, 1907, is amended as follows; . amended

Section 34; By adding after the word "reputations" in Se<!tton 34 the fourth line thereof the words "and upon presentation of am<~nded the certificate of the clerk of the court referred to in

section 35a hereof."

(2) By adding immediately after

section 35 the following; Se<Jtton 36a added "35a. Every person before being enrolled shall take . and subscribe before a judge or judges of the Supreme Court oJ Alberta, in open court, the following oath of affirmation: "I,. . . . . . . . . . . . . . ............ , do without equivocation, mental evasion or. secret reservation, sincerely promise and swear: "1.

That I will be faithful and bear. true allegiance to His Majesty King George the Fifth (or the reigning sovereign for the time being) as lawful sovereign of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas; and that I wjll defend Him to the utmost of my power against all traitorous conspiracies or attempts whatsoever which may be made against his person, crown and dignity; and that I will do my utmost endeavour- to disclose and make known to His Majesty, his ·heirs or successors, all treasons, traitorous conspiracies or attempts which I may know to be made against him or any of them;

22 '~2. That I will, as a barrister and solicitor, conduct all causes and matters faithfully, and to the best of my ability; I will not seek to destroy any man's property; I will not be guilty of champerty or maintenance; I wip not promote suits upon frivolous pretences; I will no.t pervert the law to favour or prejudice any man, but in all things conduct myself truly and with integrity, in fine, the King's interest and my fellow citizens' I will uph"ld and maintain according to the law in force in ,this province. "

(2) Any person who has become entitled to be admitted to practice as a barrister and solicitor and has complied with the provisions of this Act and the regulations of the society, shall receive from the secretary a certificate under his hand and the seal of the society directed to a clerk of the Supreme Court. "

(3) On presentation to the secretary of the society of a cer tificate signed and sealed by the clerk of the Supreme ,Court that the person named therein was on a certain day (naming it) duly sworn in before one or more of the judges of the Supreme Court in open court, the name of such person shall be entered on the roll of barristers and solicitors for the Province of Alberta. "3/ib. The books containing the roll of, barristers aml soli- Admission . f h p . f Alb h 11 d . . h Seotlon 36b c1tors or t e rovmee o erta s a be an rerriam m t e wd4!1d - custody of the society.

Such roll shall during office hours be Rolls ~ open to the inspection of any person without fee or reward." soctet:Jrl 28.

Chapter 14 of the Statutes of Alberta, 1908, being An ~.:"J'8 !,.~~~ Act respecting' Government Telephone and Telegraph Systems, e~deod is amended' as follows:

Section 2: By repealing· same and substituting therefor

section 2 the following: repealed "2.

For the purposes mentioned in this Act and in exercise P~w~e~s ~ of any power conferred upon him the Minister of H.ailways m n 8 er and Telephones by his surveyors, engineers, agents, workmen or servants may at any and all times enter- upon and -take, use or acquire any lands or property in whomsoever vested and shall have full power and authority through such officers, agents and servants to do all acts and things on or in relation to any such land or property which he deeq1s necessary, advisable or exped- ient in order to carry out any authority or power conferred upon hi rn by this Act: "Provided that the Minister shall, whenever required so to do, make reasonable compensation to the· owner or owners or persons interested in any land or property, which he may enter upon, take, use or acquire as provided by this

section and for all damages sustained by such owner or owners or· persons in or by the execution of all or any of the powers conferred upon the said Minister; aml in case the amount of the said compensation cannot be mutually agreed upon by the Minister and the said owner or owners or persons interested the same shall be deter mined in the manner provided by The Arbitration Act, being

Chapter 6 of the Statutes of Alberta, 1909, or any Act passed in amendment or substitution thereof." 29.

An Act respectin, g Gaols arid Prisons, being

chapter 15 ca'P. 16 of 1908 of the Statutes of Alberta, 1908, is amended as follo,ws: am&nded By add~ng thereto the following: "6. The Provincial Secretary may, at his discretion, prO\;ide

section 8 any prisoner discharged from any of the gaols of the province added with transportation to his home, or the home· of his parents, ~:;~~eto or with a suitable outfit of clothes, and may authorize the pur- transporta ehase of books for a library for any said gaols and the purchase tton, etc.

23 of materials and equipment for the conduct of classes for the instruction of prisoners, or the establishment of a. prison farm in connection with any such gaol, all of which may be paid out of any funds to be voted by the Legislature for this purpose." 30. The Alberta Election Act, being

chapter 3 of the Statutes f:~ !:..r of Alberta, 1909, is amended as follows: ended The scehdule to the said Act is amended as follows:

schedule By striking out the figures "$10.00" in tariff A therein amended and substituting therefor the words and figures "10 cents." 31. The Children's Protection Act of Alberta, being

chapter cap. 12 ot . 1909 12 of the Statutes of Alberta, 1909, Is amended as follows: amended

Section 2: By adding after the word "city" in clause

section 2 (

g) thereof the words "whether incorporated by special Act or amended otherwise."

(2) By adding immediately after

section 16 the following: ~.~~~~n 16 "16a. Municipal councils in cities, towns and. incorporated villages may pass by-laws regulating and controlling and licens- ing children engaged as- " (

a) ExrJress or· dispatch messengers,· Power to regul~ate "(

b) Vendors of newspapers and small wares; chlld.re.n "(

c) Bootblacks. ~nga-ged In "

(2) No license fee imposed hereunder shall exceed the sum~~:~ of 50 cents per annum, and no child engaged in two or more of the said occupations shall be compelled to take out more than one license, nor pay more than one license fee. "

(3) No such license shall be granted to any female child, nor to any male child under the age of 12 years, nor to any male child of the age of 12 years but under the age of 14 years, unless such child shall present written authority from his parent or guardian authorizing him to make ·application for a license for the purpose of engaging in any of the above named occu pations. "

(4) No licensee under this

section shall be permitted to engage in any occupation for which he is licensed within the limits of the municipality after the hour of 8 o'clock in the evening, in the months of December, January and February, or after the hour of 9 o'clock in the evening throughout the rest of the year, or during school hours." 32.

Chapter 14 of the t-ltatutes of Alberta, 1909, being An ~';t9 14 ot Act to Authori~e the Guarantee of certain Securities of the Canadian amended Northern Railway Company, is amended as follows:

Section 7: By striking out after the word '1 the" in the SecUon 7 third line thereof the wo~ds "remainder of the." amehded By adding after the word "lines" in the fourth line "set forth in clauses 1 and 4 of the first part of the

schedule hereto, and in clause 2 of the second part of the

schedule hereto." By adding after the figures "1911" in the fifth line thereof the words "and the remainder of the said lines shall be com pleted and ready for traffic on or before the 31st day of De cember, 1912."

(2) The :schedule to the said Act is amended as follows: ~:'.":.;'~: "By striking· out the words and figures 'about 65' in the second line of clau:se 2 of the said second part, and substituting therefor the words and figures "seventy-two and forty one hundredths (72.40)."

24 33.

Chapter 15 of the Statutes of Alberta, 1909, being An Cap. 15 ot Act to Authorize the Guarantee of certain Securities of the Grand ~~!need Trunk Pacific Br,anch Lines Company, is amended as follows:

Section 7: By striking out the figures, "1911" in the fourth

section 7 line thereof and substituting therefor the figure~ "1912." amended 34. The Creditors' Relief Act, being

chapter 4 of the Statutes Cap. 4 ot of Alberta, 1910 (Second Session), is amended as follows: . ~~~ 0 s~~e;--

Section 4: By adding after the word "in" in the second,:~:~ am line of subsection 3 thereof the words "a large debt case before • · d " ·

Section , JU gment or. · amended " (

b) By striking out after the word "into" in the second line 2. By striking out after the word "into" in the second line of subsection 5 thereof the words "a district," and by sub- stituting therefor the word "any," and by striking out after the word "court" in the said second line the words "in a small debt ·action." "(

c) By striking out after the word "him" in the third linP of subsection 8 thereof all the words of the said subsection and by substituting therefor the following: "and the clerk of any court shall not pay to the creditor attaching a debt .before judgment in a large debt case or to a creditor attaching a debt in a small debt case any moneys recovered by the garnishee proceedings unless such attaching creditor produces a certificate froin the sheriff of the district that there is no execution in his office against the goods or lands of the debtor." 35. The Truancy Act, being

chapter 8 of the Statutes of Cap. B ot ) 1910 (Sec-Alberta, 1910 (Second Session , is amended as follows: ond ses-

Section 5: By srtiking out after th<; word "within" in the!~':~ am. third line of clause (

g) thereof the words "one month" and s u 6 substituting therefor the words "five days." a::en~'!,d

(2) Section 7: By adding to . subsection (2) thereof the following: "And may make such rules, not inconsistent with the pro visions of this Act for the direction of such truant officer or officers, and the enforcement of this Act. "The Minister may also appoint an officer to be known as the provincial truant officer, to have jurisdiction in -all parts of the province where truant officers are not appointed under this

section and the duties of said provincial truant officer may be defined and his remuneration fixed by the Minister." (

b) By striking out after the word "direct" in the fifth line

Section 9 of subsection 9 thereof all the words of the said subsection. amended

(3) Section 9: By adding after the word "who" in the third line of subsection 1 thereof the words "within five _days." 36. The Public Health Act, being

chapter 17 of the Statutes Crup. 17 of of Alberta, 1910 (Second Session), is amended as follows: 1no csec- • ond See-

Section · 2: By striking out after the word "Minister" in "ion) am in clause 8 thereof all the words of the said clause and substitut- ended ing therefor the words "of Agriculture."

section 2 amend '"d.

(2) Section 3: By repealing same and substituting therefor

section 3 the following: amended "The Lieutenant Governor in Council shall appoint a board of health for the province to be known as the provincial board of health, consisting of the provincial medical officer of health, who shall be chairman, the provincial sanitary engineer, and the provincial ·bacteriologist."

(3) Section 9: By adding thereto the following:

Section I "

(2) The council of any village shall have power to borrow amendeld from any person, bank or corporation any moneys necessary for the effectual carrying into effect of the provisions of this section. "

(3) Any moneys heretofore borrowed by the council of any village are hereby declared to have been lawfully borrowed and the debts created thereby to be as valid and binding upon such council as if such moneys had been borrowed prior to the passing of this amending Act." ·

(4) Secti11n 25: By adding theF~;!to the following': Seotlon :r!l amendeid• "

(2) No~tling herein conta\ned shall apply to any Sl#Jh by-law, or<!llr, rule or ragulatiqn Ill{l..de uuper the autpprity of any other ,4.ct or Ordinance as aforesaid, if the ~me Nts ~rn approved by the Minister." ·

(5) Secti9n 29: By striking out the wor{i "with" in. the last

section ~• l~ne thareof ,and sy.pstitut,j.ng th,erefoF the word "~~tnd." amendel4

No~ 85 THIRD SESSION SECOND LEGISLATURE 2 GEORGE V 1912 BILL

An Act to amend the Statute Law. Received and read the First time· ................. . Second time . . . . . . . . . . . . . . . . . . Third time ............... .- .. . MR. MITCHELL EDMONTON: JAKEs E. RICHARDS, Government Printer 4-.D 1912 Title: 1911 (2nd, 3rd) Bill 85,

An Act to amend the Statute Law

Document details

Collection	Alberta — Bills
Citation	L2 S3 10790
Type	bill
Volume / chapter	L2 S3 10790
Language	en
Format	json
Source	PROVINCIAL
Identifier	65c66ab422d65d22f38a48361e4a629bbba5af22

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