Bill 42 (Legislature 2, Session 4)

L2 S4 10647

Alberta — Bills

BlltL No. 42 qf 1913.

An Act to Amend the Medicine Hat Charter. (Assentfd to 1913.) HIS Majesty, by and with the ~dvice and consent'o£ the Le~1:~ lative Assembly of the Prqvince of Alberta, enacts as fol lows: 1. The 1JI-edicine Hat Ohm·te·1·, eing

chapter 63 of the Statutes of Alberta, 1906 as amended b

chapter 27 of the Statutes of Alberta, 1910 (second session) a d

chapter 58 of the Statutes of Alberta 1911 and 1912, is hereby further amended as follows: (1) 'Title I,

section 1, is amen ed by adding thereto the follow ing subsections: "(16) 'Referred By-bw' mean by-law referred to a vote of the burgesses an:d' assented to by the as provided in this Act. " ( 17) '·Assessor' means the A essor of the City of Medicine Hat. "(18) 'Revised Voters' List' ~ans the voters' list of the city or of any ward thereof us finally· evised by the council."

(2) Title I,

section 2, subsecti n9, 'is amended by striking out the words ''for assessment purpos '' where they occur in lines 3 und 4 of said subsection. (3) 'ritle I,

section 2, subsectitn 14, is amended by inserting after the word "occupant" in the first line thereof the words "or occupier." ( 4) Title I,

section 2, is amendM by adding thereto the follow ing subsection: "(16) 'Assessor' means the asse ·sor of the City of Medicine Hat appointed by the council thereof. ' (5) 'ritle I, se~tion 2, subsect on 15, is amen·ded by adding thereto the followmg words: "Fr and after the passing of any hy-law by the council providing fo the employment of a Citr clerk and a treasurer for the city, the ords 'secretary-treasurer when herein used shall mean and be r ad as 'Clerk' or 'Treasurer' in aceordance with the provisions f any by-law prescribing the rights and duties of the citv cler and treasurer respectivelY,"

(6) Title I,

section 7, is amen ed by adding thereto the words "unless a contrary intention is he ein expressed."

(7) Title I, ~ertion 9, is ame ded by cutting out all words thereof after the word "rights" i the fifth line thereof and sub stituting therefor the words "wh' h any person, firm or corpor ation other than the town of Medi ine Hat may, prior to the ninth day of May, A.D., 1906, have cquired or become entitled to under or by virtue of the provisi ns of the said Orr\inance." ( 8) Subsection 1 of

section 1 f

chapter 58 of the Statutes of the Province of Alberta 1911-12, is hereby repealed and the fol lowing subsection substituted the for: "(

l) Title II, ~ection 1, is arne ded by inserting after the word 'river' in the twelfth line thereo the following words 'the east half of ::ocction 32 ; that part of tl e north-west quarter of

section 32 lying north of the Saskatche an River; that portion situate west of the Snskatchewan River o the north-west quarter of 33; that portion of the iRland in the Sa.c;katchewan River known as Strathcona Park which forms pa t of the south-west quarter of

section 33; the south half of sectio 30 an:d the north-east quarter of

section 29, all in township 1 , range 5, west of the fourth meridian; that portion of the nor half of

section 31, township 12, range 5, lying north of the askatchewan River; the north half of the south-west quarter of s tion 36, township 12, range 6, west. of the fourth meridian; sectio 35, 26, and 25, the north-east quarter of

section 27; that porti n of the south-east quarter of

2 ~eclion 34 lying south of the Saskat bewan River, all in township 12, range 6, west of the fourth meri ian; and it is hereby uedan~d that this subsection as herein enacte was intendea to be inserted in the said Statutes of the Provine of Alberta, 1911, intead of section' 1 subsection thereof as there' enacted anu this subsection as herein enacted shall be deemed o be and the same is hereby declared to have been in full force nd effect from and after the twentieth day of December, A.D. 1 11, for all purposes whatso ever."

(9) Title II,

section 1, of The ft1 dicine Hat Clwrtc·r is hereby amended by inserting therein after he word "whatsoever" in the amendment thereto in the next prec ing subsection provided the words "the north-west quarter of sec ion 18, all of seetion 19, the north half of

section 20, tbe south alf of

section 29, the no1th half of

section 21, all of

section 28, t e east half of Eeetior: 83, and that part of the west half of

section lying east of the Saskatche wan River, all in township 12, ran e 5, west of the fonrth mer iflian; that part of the south half of ection 5 lying to the west of the Saskatchewan l~iver and the s th half of seetion 6 all in township 13, range 5, west of the f urth meridian; that part. of the ~outh-west quarter of

section 34, ying south of the Saskatche wan River; the south half o:P sectio 33; the south half and the north-west quarter of Rection 27; the north half of

section 22; the north half of

section 23; the north h lf and the south-east quarter of

section 24 and the north-east qua er of

section 13 all in town ship 12, mng;e G, west of the fourth eridian."

(10) Title III,

section 5, is arne ded by inserting after the word "licenses" in the fourth line th roof the words "and subject to title XXXV,

section 32, hereof." (11) 'ritle IV,

section 1, is amen ed by striking out the word..; "men, unmarried women and widow " in line two thereof and h~· mhstituting therefor the words "pe ns male or female" and by .•triking out the words "or in the c se of married men held by their wives" where same occur in line five thereof, and by striking out the words and figures "or for inc me or personal property for )j\200" where the same occur in lines· thereof.

(12) Title IV,

section 4, is amen ed by striking out the word "(·lear" where it occurs after the wor "days" in line nine thereof :md by inserting the word "clear" fter the word "&-ix" in said line.

(13) Title IV,

section 4, is amendtd by striking out the words "any person who was qualified as a ·oter on income has left the eity, or if" where ~arne occur in lines one and two thereof and by :;ubstituting for the words "secretary- reasurer" in line ten thereof the word "assessor".

(14) Title IV, sections 5, and 6, ~-re herebl amended by sub r-;tituting the word ''assessor" for th~ words ' secretary-treasurer'· wherever they may occur therein. (15) 'l'itle V, Rection 2, is hereb]amended· by inserting after the word "December" in line two tli reof the words "which sha11 be the dav to be named in the notice for nominations".

(16) Title V,

section 5, is arne ded by inserting the word "next" after the >vord "the" where it last oocurs in line four thereof.

(17) Title VI,

section 9, is amendJed •by striking out the word "of" where it first occurs in line ope thereof and substituting therefor the word "by".

(18) Title VI,

section 11, clause (~), is -amended by inserting after the word "sworn" in the first l ne thereof the words "6r is required by any candidate or by the gent of any candidate to be ,;worn." . (H)) Title VI,

section 51, clause (~), is amended by inserting the words "or attempt to induce" aftelr the word "induce" in line one thereof. Clause (3) of said

section 51 is am$ded by inserting the words "or attempt to communicate" after t}le word "communicate" in line two thereof.

(20) Title VJI,

section 6, is mended by striking ou~ th~ wo~ds "public or separate school trust e" where same occur m hne five thereof and by substituting ther t:or the words "public school trus tee' or separate school trustee" a the case may be.

(21) Title VII,

section 7, s amended by striking out the words "and personal property , nd income" where they occur in the eleventh and twelfth lines ereof.

(22) Title VIII,

section 12, s amended by striking out "intim idate" where it occurs in the se enth line thereof and substituting therefor "incriminate".

(23) Title IX,

section 1, is freby amended by adding thereto the words "or mny ref'ign sue seat at any time upon written notice thereof to the secretary- reasurer who will bring the same to the notice of the council at i s next meeting."

(24) Title IX,

section 9, is 1ereby repealed and the following Ruh:4ituted therefor: ''

(9) The otice shall be served in such man- ncr as the judge ma3 "

(25) Title IX, sec , 1~ amended by inserting the word,; "or deputy returning ~··----- a~ter the word "officer" in line eight thereof.

(26) Title XIII,

section 3, ~s hereby repealed and the follow ing substituted therefor: "3.

Any elector may at all r onable times inspect any account or claim presented to the com issioners or the council, any con tract, any by-law, any report ()f the commissioners or of any Pommittee or of any officer of the city (other than the report of the dty solicitor or of any cou sel engaged by the city) after the same has been submitted' to council) and the,minutes of any re'!:nlar or Rpecial meeting of t e council, and also all assessment rolls, voters' lists, poll books, a d other dOC\lJments relating to any Plection or voting upon any eferred ·by-law, and the secretary treasurer shall within a reas na;ble time after demand furnish copies of any such documents r extracts therefrom to any appli cant at the rate of ten cents pe hundred words."

(27) Title XIIT, ;;ection 7, ubsection 7, is amended by adding at the end thereof the followi g words: "Allotting to each such of the duties herein imposed pon the secretary-treasurer as they shall see fit, and upon and aft r such appointment whether here tofore or hereafter made the c rk and treasurer shall respectively do such acts and perform sue duties and have and assume ~uPb rig;hlo;, powers, privileges, dut es, obligations and respon,ibilitie . ..; as- are by this Act given to or imposed on the secretary-treasurer according as the same may e provided by the by-law in that hehalf and· this Act shall be ead and construed as if the words "clerk" and "trensurer" respec ively were substituted in the s~JVernl ~ections thereof for the word "secretary-treasurer" according as ·their respective rights, powers privileges, duties, obligations ·and responsibilities are by said b -law provided."

(28) Title XVI,

section 1, is amended by inserting after tbP word "member" in line 4 the eof the words "of the eonncil" and hv inserting after the word " r" where it last occur;:; in line four thereof the wordB "subject to itle XXXV,

section 32, hereof."

(29) Title XVIII,

section 6, is hereby amended 1y insertin~ nfter the ~ord "person". in lin .five thereof the word "aut~1ori;:e.d". (30) 'l1tle XX, scctwn 3, Is hereby amended by wsertmr: therein after the word "ther in" in line two thereof the word; ''and may employ and pay t fees, charges and expenses of such expert and teehnical adviser and witnesses as the council may deem necessary and whethe or not such advisers be actually called as witnes."eR to give evi once in any such investigation."

(31) Title XXI,

section , of The Medicine Hat Charter is mnendeil by imerting after e word "health" in line 6 thereof the words "and for prescribin areas within the City within which no animals or eertain animals only may be kept" and by inserting after the word "established" in line eighteen thereof· the words "and for the renting or leasi g subject to such terms; conditions, stipulations, and provisions the council may deem fit of all or any houses, tenement bnildin s and out buildings and lnnd upon which same may be built or w ich ma.y be enjoyed therewith which

4 may be acquired, built, carried on or constructed under the pro visions of

section three hereof, an to limit and control the use of whether as to the quantity to e used or taken or the hours during ·which same may be used taken or otherwise and to prevent the waste of water or gas b" users thereof or other persons whomsoever," and by inserting aft r the word "tannery" in line fifteen thereof the words "place w erein hides or furs are stored or keJ>t". (32) 'l'itle XXI,

section 2, is a ended by adding thereto the following proviso: "and provided t at no by-law relating to pro cedure of the council when in sessi n shall be repealed, amended or suspended (except so far as the rms thereof shall themselves permit) unless (1) by a by-law u imously passed at a regular or o:pecwl meeting of the council aL hich all tlie members thereof urc present; or (2) by a by-law p ed at the regular meeting of the council i.n pursuance of a noti in writing given and openly nmwuneecl at the next preceding r gular meeting of the council mul setting forth the terms or sub tantial effect of the proposed by-law." (33) 'l'itle XXI,

section 3, subseption B, is amended by insert ing after the worcl engilHler in the I said subsection the words "or charitable".

(34) Title XXI,

section 3, subse tion 1, is amended' by insert ing after the word "assent" in the last dause thereof the words "in the case of by-laws provided fo in clauses B and 0 thereof" and by adding at the end thereof he words "and in other cases of the majorityof the burgesses so oting".

(35) Title XXI,

section 3, subs tion 1, clause A, is amended by inserting after the word jails i line seven thereof the words "petroleum, oil".

(36) Title XXI,

section 3, subs tionA, is amended by adding to the end thereof the words "houses wnement buildings, and out buildings for homes for workmen a 1d their families".

(37) Subsection 2 of

section 1 f ~hapter 58 of the Statutes of the Province of Alberta, 1911-1 , is amended by striking out the figure "1" where it occurs in lin one and substituting therefor tne figure and words "2" by adding fler the word ''established" in line eighteen thereof. (38) 'l'itle XXI;

section 3, subse~tion A, of 'l'he .Medicine Hat Charte'r is amended by inserting after "gravel pits" in line five thereof the words "san'd pits".

(39) Title XXI,

section 3, subsejtion B, is amended by insert ing after the word "loans" in the sec nd line thereof the word "to".

(40) Title XXI,

section 12, subs ction 1, as provided by chap ter 27 of the Statutes of the Provine of Alberta, 1910, is amended by inserting after the word "day" n the fourth line thereof the words "or days".

(41) Title XXI,

section 12, substrtion 2, as provided by chap ter 27 of the Statutes of 1\HO is arne ded by striking out the word "of" where it occurs in the eighth line thereof and substituting therefor the word "for". ( 42) Title XXI,

section 12, su~ction 10, .as enacted by said Statute of 1910 is amended by in erting afrer the word "sale" where it occurs in the fourth line th reof the words "and whether by wholesale". ( 43) Title XXI,

section 6, is am~nded by substituting for the word "property" therein the word "l nd". ( 14.) Title XXI,

section 7, is arne ded by striking out the word "so" where it occurs in the second line thereof, and substituting therefor the word "also". ( 45) Title XXI,

section 3, subse~tion 4, as enacred by subsec tion 4 of

section 1 of

chapter 58 o the Statutes of the Province of Alberta, 1911-12, is amended b. striking out the words and figures "a sum not exceeding $6,000 00" where they occur in line two thereof and b:y: substituting the efor the words "such sum or :mms as the counCil may think fit".

(46) Title XXII,

section 4, subs.:jction B, is amended by strik ing out the words "of the debt" wh$'e they occur in the first line thereof.

(47) Title XXII,

section 41 sublction D, is amended by strik ing out the word "assessable' wh re it occurs in the first line thereof and substituting therefor th word "rateable" and by strik ing out all the words of the said s bsection after the word "roll" in line two thereof. ( 48) Title XXII,

section 7, is a ended by inserting after the word "issued" in line one thereof t e words "under the by-law". ( 49) Title XXII,

section 10, is amended by striking out the words "and all debentures shall be 'ssued as of the actual date of the issue thereof" and substituting therefor the words "and any dobenture may provided it be actual issued within the said period of four years bear any date within s id period." (50) 'l'itle XXII,

section 11, is ereby amended by inserting after the word "has" in line six th words "in case the by-law is one provided for in

section 3, claus B or C, of title XXl, and by inserting after the word 'thereon' i line seven thereof the words "or in any o~her case has received e assent of a majority of the burgesses votmg thereon".

(51) Title JL"'CIII,

section 2, su~section 3, is amended by in serting after the word! "up" in line ~x thereof the words ''or cause to be posted up."

(52) Title XXIII,

section 81 is aiJ1ended by adding thereto the words " or to the returning officer *esiding at such summing up of the votes as the case may be."

(53) Title XXIII,

section 9, is ~ended by adding after the word "place" in the sixth line ther of the words "or to the place where and when the returning office shall hold the final BUmming up of votes cast as the case may be.'

(54) Title XXIII,

section 16, is amended by adding after the word "peace" in line five thereof th words "or before the return ing officer".

(55) Title XXIII,

section 19, is!amended by striking out the words " (or your wife is a freeholdet)" where they OCJCur in lines seven and eight thereof.

(56) Title XXIII,

section 19, is a~ended by striking out all the words after the word "voter" in line 16.

(57) Title XXIII,

section 23, ch use (2), is amend'ed by strik ing out the word "not" in the secon line thereof.

(58) Title XXIII,

section 27, cla se (3), is amended b adding thereto after the word "communicate ' in line one thereof the words "or attempt to communicate".

(59) Title XXIII,

section 27, s bsecLion 5, is amended hy adding after the word "induce" w ere it occurs in the firs-t line thereof the words "or attempt to ind ce".

(60) Title XXIII,

section 11, i amended by inserting after the word "is" in line seven thereof t e words "to be". (Gl) Title XXIII,

section :n, is ended by inserting after the word "authority" in line two thew d "as". ( 62) rritle X :X Ill. :c·P.dion lB is hereby amended by striking out the figuras "(400)" where the <Jccur in line nine thereof and substHuting therefor the figures "(200) ".

(63) Title XXIV,

section 7, is mended by striking out the word ''and" where it occurs in line hree thereof and substituting therefor the word "or".

(64) Title XXIV,

section 6, is fmended by striking out the worn "subsections" in line one the of and substituting therefot· the word "sectio. ns" and by Btriking ut the word "section" in line two thereof and substituting the wo d "title". (65), Title XXIV,

section 8, is mended by striking out the word 'section" in line two thereof nd substituting therefor the word "title".

(66) Title XXV,

section 4, i~ ar:rJended by inserting after the word ''redemption" in line six there~f the words "of such Deben ture debt".

(67) Title XXV,

section 5, sub~ion 1, is amended by adding at the end thereof the words "to be ~rought by the council in the name of the city".

(68) Title XXV,

section 5, sub ·ection 1, is amended by in serting after the word "afores~iid" n line two thereof the words "and subject to

section seven of thi title". (Ci!

J) Title XXV,

section 6, is ·mended by striking out the word "on" where it first oceurs in li e three thereof and substitut ing therefor the word "or" and b striking out the word "on" where it last oceurs in the same lin and substituting therefor the word "of".

(70) Title XXV,

section 10, is ~mended by striking out the word ''affec.t" where same occurs ip line faur thereof and suh stituting therefor tho word "effect".

(71) Title XXV,

section 12 is hereby amended by striking out the word "'any" in line five thereofland substituting th~refor th6 word "and". ( 72) Title XXV is hereby amen tied by inserting after

section 11 the following section: "(lla) After a referred: by-law as been finally passed by the council the council may by one or m re by-law or by-laws authorize the~ mayor and secretary-treasurer t rruse from tlme to time by way of a temporary loan in anticipa ion of the issue or sale of the debentures authorized by the referre by-law and for the purposes thereby authorized such sum or sm s not exceeding in the aggre gate the total principal authorized y the referred by-law to be raised as the co!lncil deems expedien and all_ such ~OJ?PO!ary loans shall be a special charge on the deb ntures m antlmpatwn of the issue or sale whereof such temporary loans were made."

(73) Title XXVIl,

section 2, is a ended by inserting after the word "interested" in line two thereof the words "and whose interc,ct therein is rlu ly registered or caveate in the land titles office". (74) 'l'itle XXVII,

section 3, su

section 2, is amended bv in- 1-'erting after the word "occupiers" in line two the words "and ·such other persons interested".

(75) Title XXVII,

section 5, is p.mended by striking out the word "effected" where it occurs in lin~ two thereof and substituting therefor the word "affected".

(76) Title XXVII,

section G, is a ended by inserting after the word "successors" in line four there the word "reversioners."

(77) Title XXVII,

section 6, is a ended by inserting after the word "born" in line six thereof the' ords "or unborn".

(78) Title XXVII,

section 8, s 1bsection 3, is amended by ~triking out the word "of" where it ccurs in the first line thereof ~.nd substituting therefor the word " n."

(79) Title X:XVII,

section 9, is mended by striking out the words "they consider" where the sam ~ur in line six thereof and hy substituting therefor the words " he council considers" and by striking out the word "them" in th last line of said 11ection and substituting therefor the words "th said city".

(80) Title XXVII, seclion 10, is amended by striking out the word "~ower" in line four thereo and substituting the word "powers ' therefor. (f\1) Title XXVIII,

section 2, isJamended by striking out the word "or" where it occurs in line wo ther€of and substituting therefor the word "and" and by stri ing out the word "or" where it. occurs in line six thereof and s bshtuting therefor the worrl ''arrd" and by inserting after the wo d "notice" in line six thereof the words "given thereaft€r".

(82) Title XXVIII,

section 3, is ended by striking out the word "tender" where it occurs in e first line thereof and b\' substituting therefor the word "ten ers". · (83) 'rit.le XXIX,

section 1, is a ended by inserting after the word "alley" in line two thereof' th words "bridge, stream".

(84) Title XXIX,

section 3, s bsection 1, is amended hy striking out all the words therein af er the word "compensatiun" in line fif.teen thereof and by substit ting therefor the words "any damages to his land by reason of an thing done under the by-law such compensation to be determin in the same manner and Rnb,ieet to the same conditionR as in e cases provided for by title XXVII of this Act".

(85) Title XXIX,

section 3,lis am-ended by striking out the word "city" where it occurs in th~ first line thereof and substituting therefor the word "council".

(86) Title XXIX,

section 3, *amended by adding thereto the following subsections: " ( 4) No action shall be brougft to enforce a claim for damages under this

section unless notke i writing of the accident and the cause thereof has been served u on or mailed through the post office to the mayor or to the cler of the city within sev<tm days of the happening of the aecident.

" ( 5) Provided that in caBe o the death of the person injured the want of the notice required nder subsection (4) hereof shall be no bar to the maintenance of he action: "Provided further that the w nt or insufficiency of the notice required by subsection ( 4) here f shall not be a bar to an action except where the adion is found d on the existence of snow or ice on the sidewalk if the court or udge before whom the action is tried considers that there is re sonable excuse for the want or insufficiency of such notice and at the city has not thereby been prejudiced in its defence. '' ( 6) No action shall be broug t to enforce a claim for damage.~ under this

section unless the s e be commenced within six months after the happening oft e accident." ( 87) Title XXIX,

section 7, i amended by insertinn after the word "of" in line five thereof th words "judgment for'.

(88) Section XXIX,

section , is amended by inserting after the word "ordinance" in line fo r thereof the words "or of any Statute of the Province of Albert in that behalf." ( 89) Title XXX,

section 1, is ere by repealed and the following ~ection substituted therefor: "1. The council may by by-la divide the city into assessment districts and if they deem nece ·ary may appoint one or more assistant assessors to aid the aBBess r in the work of a.~sessment."

(90) Title XXX,

section 3, i amended by striking out the words "or assessors" where they ccur in line two thereof.

(91) Title XXX,

section 3 is amended 'by inserting after the word "thereto" in line four ther of the word "attached" and by inserting the words " (or attache ) " alt-er the word "annexed" in line seven thereof and by insertin after the words "Medi~ine Hat" in line eight, thereof the words "fo such P?rtions thereof for which he may have been appointed (n ming 1t)".

(92) Title XXX,

section 41 is amended by adding after the word "assessor" in the first hne thereof the words "or assistant assessor" and by inserting after t e word "MSessor" in the eighth line thereof the words "or assist t assessor". ·

(93) Title XXX,

section 5, is amended b~ inserting after the word "assessor" in line two thereo the words' or assistant assessor" and by inserting after the word "assessor" in line four thereof the words "or assistant assessor".

(94) Title XXX,

section 5, islam-ended by inserting the wot"d "as" after the word "inquiry" in ine four thereof.

(95) Title XXX,

section 7, i amended by adding after the word "assessor" in line one ther of the words "or any assistant assessor."

(96) Title XXX,

section 7, i~ amended by striking out the word "or" where it last occurs in lijne three thereof and substituting therefor the word "and".

(97) Title XXX, seotion 8, is~ereby amended by striking out the words "the secretary-treasure forthwith after receiving," an•i substituting therefor the words " he assessor within three weeks after completing," and by stri 'ng out the words "Secretal'y treasurer" in the last line there and substituting therefor the word "assessor".

(98) Title XXX,

section 9, sib-section (3), is amended by inserting after the wora. "non-tra smission" 1n line three thereof the word "thereof" and by inser nf? after the word "or" in the tl1ird line thereof the words "by e '.

(99) Title XXX,

section 10, i' amended by striking out the word "wrongfully" in line three tllereof and substituting therefor the word "wrongly~'. , (1 00) Title XXX, sections 10, 11, 12, 14, 18, 21, 22 and 2~ nre amended by substituting for he words "secretary treasurer" wherever they occur therein the "ord "assessor". ·

(101) Title XXX, seclion 11, is amended by inserting after .the word "or" in line two the wo d "who" and by adding to the cnd of the said Rcction the words " ither bv delivering such notice to a grown up person at the addr s named in the notice referred: to in 1<ection 10 of this title or y mailin~ the same addressed thereto in His 1\Iajesty's post offi at :Medicme Hat". ( 1 02) 'l'i lle XXX,

section 17, i amended by inserting after the word "roll" in line 5 the words "o that any person who should be n:::sessed as a public school support has been assessed as a separate school supporter flnd vice vm·w1."

(103) Title XXX, :::ection 18, · amended by striking out Lhc words "or income" in line two th reof.

(104) Title XXX,

section 23, i amended by inserting after the word "required" in line eight ther of the words "thereof or prior".

(105) Title XXX,

sectiOn 12, s amended by striking out the word "returned" in line three th reof and substitutin7. therefor the word "completed" and by st king out the word ' assessors" in the third line thereof aud s stituting therefor the word "assessor".

(106) Title XXX,

section 24, islhereby repealed and the follow ing

section substituted therefor: 1'24.

If nt any time it appears t the assessor or to any assistant a~sesEor that land liable to assessm nt has not been asse8sed for the eurrcut year or for either or both f the next two preceding years ~ueh assistant as.._<>c:Osor shall report he same to the assessor and the assessor shall enter such land on e next assessment roll as well for the arrears of the preceding y ar or years, if any, as for the taxes for the current year and th valuation of the land for the preecding year or year's assessme 1t shall be the average of the three preceding years if the land as been assessed in any of the >'nid prereding years and for the purpose of the current year's assessment the land shall Le value bv the assessor or the assistant assessor.

If the land has not bee so assessed in any of the said prec-eding three ~'enrs the assessor or the current year shall value the lund ·or shall cause the same to be valued by the assistant n-,.,cssor for the current year, who s all certify his valuation thereof to the nsse.~sor,"

(107) Title XXX,

section 26, amended by striking out the words "secretary treasurer" -wher ver they ocmu in the several sections thereof and by substitutin therefor the word "assessor."

(108) Title XXX of The Me icine Hat Charter is hereby amended by adding thereto the foil wing section: "27.

Every per:"ori who shall h reafter become entitled to any right, title, intQ!est or claim in o to any land by virtue of an agreement in writing for sale the eof t{) him and whether such right, title, intereRt or claim is deri 'ed directly from the registered owner of such land or indirectly th ough one or more persons who rnay hnve entered into an agreeme tor agreements in writing for the purchaee thereof shall fDrthwi h file or cause to be filed with the assessor of the city a notice (ver fied by affidavit of such person or of some other person who has f I knowledge of all the particu lars ~et. out in such notice, which full knowledge of the circum ~tnnces shall be stated in such affid vit) setting forth a description of the land agreed to be sold, the ames of the persons with their places of residence and post offi address from whom and to whom the land has been agreed to be sold, the date of the agree ment of sale and the person who by the terms of such agreement is to pay the taxes on such land', an upon and after the filing of such notice the assessor of the city ay for all the purposes of the various sections of this Title dee and treat such purchaser as the owner of such hind, and in fault of filing such notice as

~I aforesaid and until such noti~e is filtJd the assessor may for all the purposes of the various secti ns of this Title deem and treat the registered owner or the last p rchaser urrder agreement of sale of any land of which agreement uch notice shall have been filed with him as the owner thereof."

(109) TitltJ XXXI,

section 3, lis amended by striking out the words "and personal property" where they occur in line one thereof. (110) 'l'itle XXXI,

section 4, ~s amended by striking out sub sections 1, 2, 8, 9, 10 thereof.

(111) Title XXXI,

section 5, Jis amended by striking out the word "of" where it occurs in litl·e six thereof and substituting therefor the word "at".

(112) Title XXXI,

section 5,1 is amended by inserting after the word "land" where it last oqcurs in line eleven thereof the words "in question".

(110) Section 12 of

chapter 21 of the Statutes of Alberta 1910 is hereby repealed and the followi 1g

section substituted therefor: "1.2. Sections 2, 3 and 4 of titl XXXI are hereby repealed."

(114) Title XXXII,

section 6, is amended by striking out the word "in" where it occurs in lin eight thereof and substituting the ref or the word "and".

(115) Title XXXII, ecction 11 is. amended by in~rting after the word "any" in line 25 ther f the word "other" and by in serting after the word "such" in e same line the word "other". (116) 'Title XXXII, ~cction 1, is amended by striking out the word "belonged" in line sixth eof and by substituting therefor the word "belong".

(117) Title XXXII. ~ection 1 , is amended by inserting after the word "or" in line six thereof t e words "the date of the". (118) 'Title XXXII,

section 2 , is amended by inserting after the word "sell" in line six thereof the words "or cause to be sold". (119') Title XXXII.

section 2., is amended by inserting after the word "eollect" in line seYen t ereof the words "or instructed by the council to return not collec d".

(120) Title XXXII,

section 3, is ameuded by striking out the word "submit" where it occurs in "ne two thereof and substituting therefor the word "transmit".

(121) Title XXXIII,

section 9j is amended bv striking out the word "effected" in the last line ~ereof and substituting therefor the word "affected".

(122) Title XXXIII,

section il, is amended by striking out the word "saying" in line four the$of and substituting therefor the word "stating". ·

(123) Title XXXIII,

section 2 , is amended by inserting after the word "disencumber" in line f ur thereof the word "such". (124) 'ritle XXXIII,

section 0, clause (

a) is amendea by striking out t·he word "conclude ' in line one thereof and sub stituting therefor the word "eond1 cted".

(125) Title XXXIII,

section 4, is amended by striking out the word "to" in line three there f and substituting therefor the word "for".

(126) Title XXXIV.,

section l, subsection 4, is amended bv striking out the word "costs" whqre it oocurs in line six thereof and substituting the word "cost". ( 127) Title XXXIV,

section 2,1 is amen-ded by striking out the word "effected" in line six thereo~ and substituting therefor the word "affected". ,

(128) Title XXXIV, section~. is amended by striking out the word "a" where it first ooours in li e ten of clause (

a) thereof and by substituting therefor the word the".

(129) Title XXXIV,

section 3 clause B, is amended by strik ing out the word "ratepayers" w ere it occurs therein and sub stituting therefor the words "the burgesses".

(130) Title XXXIV,

section 3, is amended by striking out the word "costs" where it occurs in li e three of clause C thereof and substituting therefor the word "cos ."

10 (13l) Title XXXIV,

section 8, 1~ amended by striking out the words "secretary-treasurer" where arne occurs therein and sub stituting therefor the word "a.ssesso ".

(132) Title XXXIV,

section 10, s amended by striking out the word "part" in the first line thereo and substituting therefor the word "title".

(133) Title XXXIV,

section 12, s amended by striking out the words "every by-law fOI' borrowing oney for local improvements by the issue of debentures shall rec te or otherwise state" and by substituting therefor the words "th moneys required to pay the cost of local improvements may be arrowed under the authori.ty of one or more by-laJWS and the por On payable by way of Sf'~Clal assessment and the portion to be orne by the municipahty at large may be provided for in one r more separate by-laws and every b~-law providing for the raisi g of that portion of the cost which IS payable by way of speci I assessment or of any part thereof shall state by recital or oth ·wise."

(134) Title XXXV,

section 1, is mended by inserting after the word "construct" in line one thereof the words "erect, equip" and Ly inserting after the words "(inc uding natural gas)" in said

section the words "petroleum, oil". (135) 'l'itle XXXV,

section 3, I~ amended by inserting after the word "works" in line three ther of the word "acquired," and by inserting after the word "gll8" ir line eight thereof the words "petroleum, oil," and by inserting fter the word "light" in line eight thereof the word "heat." (13G) Tille XXXV,

section 4, is~amended by striking out the word "and" where it occurs in line six thereof and substituting therefor the word "or," and by inser ing after the word "placing" in line eight thereof the words "orr ading". •

(137) Title XXXV,

section 6, i amended by inserting a.ftcr the word "waterworks" in line six t 1ereof the words "petroleum, oil".

(138) Title XXXV,

section 7, is atended by inserting after the word "waterworks" in line three ther of the words "petroleum, oil, or" and by inserting after the word "ga.s" in line six thereof the words ''petroleum, oil". (139) 'Title XXXV,

section 8, su

section 2, is amended by in Eerting after the word "condition" i line four thereof the words "as nearly as reasonably may be". (140) 'l'itle XXXV,

section 10, r· amended by inserting after the word "poles" in line one thereof he word "wires".

(141) Tine XXXV,

section 11, i amended by striking out the words "town" in line five thereof nd substituting therefor the word "city".

(142) TiLle XXXV,

section 11, ~ubsection 2 is amended by inserting after the word "water" inlline three thereof the words "or gas". (143) 'fitle XXXV,

section 12, ib amended by inserting after the word ''sewers" in line one there<H the words "from the street line".

(144) Title XXXV,

section 13, istereby amended by inserting after the word "water" in line two th reof the words "and gas" and hy inserting after the word "all" in line seven thereof the words "or any of".

(145) Title XXXV,

section 18, i~hereby amended by inserting after the word "with" in line 6 thereo the words "gas or with" and by striking out the word "the" in li e seven thereof and by sub stituting therefor the words "any gas r" and by inserting after the word "of" in line eleven thereof the rds "gas or" and by striking out the word "the" in line twelve the .eof and substituting therefor the words "any gas or". (145) 'l'itle XXXV,

section 18, ~ubsection 2, is amended by striking out the word "and" where it rst occurs in line four there of and :;ub:;t.itutiug therefor the wor "or'' and bi. inserting after the word "snpply" in line eight there f the words' of gas and" and by inserting after the word "the" in li e ten thereof the words "gas and".

(147) Title XXXV,

section 1, s bsection 1, is amended by add ing at the end thereof the words "a d shall have power to acquire any patent or other rights for the manufacture or production of any artificial light, heat or power".

(148) Title XXXV,

section 25, s hereby amended by striking out the words "two thirds" where hey occur in line one thereof and substituting therefor the words "a majority".

(149) Title XXXV,

section 32, is amended by inserting after the w'?r? "city" in _line six thereof .t e words "or being employeO; as an off1c1al of the City" and by add1 g at the end of the srud sootwn words "or by reasons of being inde ted to the city on any contracl to pay therefor".

(150) Title XXXV,

section 38, ib hereby amended bi¥. inserting after the word "and" in line eight! thereof. the words 'subject to ~tion 31 oLthis title." ( 151) Title XXXV,

section 48, lis amended by insetting after the word "shall" in the first line thereof the words "SUbJect to ~"ection 32 of this title."

(152) Title XXXVII is amendeql by adding thereto the follow ing

section : "~.

All the by-lttws l1eretofore fi ally passed by the council of the mut1icipality of the City of Med cine Hat during the year 1012 11.nd which have been submitted to a vote of the burgesses of the .~id city and whi<'h have received he assent of two-thirds of tile burgesses voting thereon are and ch of them is, together with the several terms of the a~reemen referred to in smd by-laws, hereby declared legal, vahd and inding on the said City of Medicine Hat notwithstanding any want of jurisdiction or power on the part of the said Oity of Medi' ine Hat or the council the;rcof to pass said 'by-laws or any of the and notwithstanding any in formalities, irregularities or defects herein either in substance or in form and each and all of the d~be tures and the coupons thereto attached, issued or to be issued und said by-laws or either or any of them, are hereby declared legal nd valid and the said city of Medicine Hat shall be bound to p· each and all of said deben tures and coupons as therein resp tively stated, and all assess ments made or to be made for the ayment of any and all of the said debentures are confirmed and eclared to be legal, valid and binding and the &'tid City of Medi ine Hat is hereby authorized and empowered to do all necessary acts for -the full and proper carrying out of the said by-laws or a 1y one or more of them."

~0. 42 FOURTH SESSION SECOND LEG~LATURE 3 GEORGE V 1913 BILL

An Act to an1end the Medicine Hat Charter. Received and read the First time .............. . Second tirne . . . . . . . ... _ ....... . Tbi rd time . . . . . . . . . . . . . . . ..... Hox. C. R. MrTCHF.I~L EDMONTON: J. W. JEFFRR.-Y, Government Printer A.D. 1913 Title: 1913 (2nd, 4th) Bill 42,

An Act to amend the Medicine Hat Charter

Document details

Collection	Alberta — Bills
Citation	L2 S4 10647
Type	bill
Volume / chapter	L2 S4 10647
Language	en
Format	json
Source	PROVINCIAL
Identifier	c76a32b40d1b28b8268f74adddb123d7dbbecd51

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