Bill 45 (Legislature 3, Session 4)

L3 S4 9864

Alberta — Bills

BILL j- No. Uof 1916.

An Act to amend The St~tute Law. (Assented to , Jl916.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Boilers Act, being ch~pter 9 of the Statutes of Alberta, 1911-12, is amended as follows:

Section 5: By repealing the same and supstituting therefor the following: . "5. Every boiler in the province carrying a steam pre~sure of twenty pounds or more shall be inspected intern:ally and externally or tested by an hydrostatic test in the ratio of one hundred and fifty per cent. of the working pressure, or both, by an inspector at least once every year and at such times as the inspejctor may see fit. "

(2) Every boiler in the provinpe carrying a steam pressure less than twenty pounds shall be inspected in the manner provided by subsection one hereof at such times as the inspector may see· fit. "

(3) No boiler shall be operated at preSl3ures in excess of the safe working pressure stated in the inspection certi ficate, which pressure is to be ascertained from the regulations. "

(4) In addition to such yearly inspection it shall be the duty of every inspector to inspect, at any time, when in his opinion such examination is necessary, all such boilers within his district as may be reported to him as unsafe, or, as he may hnve reason to believe have become unsafe from any cause, and to notify tfle owner of such boiler if a defect is di~coyered, and of what repairs are necessary. "

(5) If the owner of any boiler proves to the satisfact'on of the immeptor that his boiler '1f1f' not b£)en operated since the date of the previous inspection, and is in as good condition as when inspected, the inspector may issue a new inspection certificate without inspecting t,he boiler and '\vithout charging any fee therefor." 2.

An Act respecting the Alberta and Great Waterways Railway Company, being

chapter 6 of the Statutes of 1913 (Second Session), is amended as follows:

Section 5: By striking out the word "two" where it occurs in the fifth line thereof and substituting therefor the word "three". 3.

An Act to auth01'ize the Guarantee of Certain Securities of the Edmonton, Dunvegan and British Columbia Railway Company, being

chapter 16 of the Statutes of 1911-12 as amended, is amended as follows:

Section 8: By striking out the figures" 1915" where they occur in the last line thereof and substituting therefor the figureR "1916".

2 4:.

An Act to authorize the Guarantee of Certain Securities of The Canadian Northern Railway Company, being

chapter 14 of the Statutes of 1909 as amended, is amended as follows:

Section 7: By striking out the figures "UI14" where they occur therein and substituting therefor the figures " 1916". 5.

An Act to authorize the Guarantee of Certain Securities of The Canadian Northern Western Railway Company, being

chapter 19 of the Statutes of 1911-12, is a,mended as follows:

Section 7: By striking out the figure,S "1915" in the last line thereof a;nd substituting therefor the figures 111916". 6. A.n Act respecting the Guarantee of Certain Securities of The Canadian Northern Western Railway Company, b,eing

chapter 20 of the Statutes of 1915, is a,mended as follows:

Section 6: By striking out the figures "1 !H5" where they occur in the last line thereof and substituting therefor the figures "1916 II • 7. The Pool Room Act) being

chapter 24 of the Statutes of 1911-12, is amended as follows:

Section 3: By adding thereto the following: "Nor shall any proprietor or owner suffer or permit any such person, unaccompanied by his or her parent or guardian, to play any such game or to frequent, remain or loiter in his pool room." 2. By adding thereto the following

section as

section 14: "14:. Nothing in this Act shall be ~eemed -to affect any right to license pool rooms conferred upon any city, town, village or rural municipality by any Act or Ordinance; provided, however, that no license shall be issued by any such city, town, village or rural municipality until a license under this Act has first been obtained." 8. An Ordinance respecting Hire Receipts and Conditional Sales of Goods, being

chapter 44 of The Consolidated Ordinances of the Territories, 1898, is amended as follows:

Section 2: By adding thereto the following sub sections: "

(4) Any such agreement, proviso, or condition as is mentioned in

section 1 of this Act shall cease to have effect and the property or right of possession therein mentioned shall be deemed to have pas~d to the purchaser or bailee after the expiration of two years from the filing of such writing unle~s within thirty days nex:~ p;receding the expiration of the said two years a statement of the amount sti)l due for principal and interest on said sale or bailment and of all payments mf:l,de on account thereof is ;regi,stered in the office of the registration .clerk of the registration district where the property is .then situate, with an affidavit of the vendor or bailor or of one of several vendorI' or b,ailors I or of the f:l,f3signee or of one of several assignees or of their a,'3signs or of the agent of the vendor or bailor or ve;ndors or bailors duly authorize~ fo,: that purpose, as the c~ may be, stating that such statements are true and that the sf:l,id sale or bailment writing was not kept on foot for any fraudule}lt purpose or to defeat,

delay or prejudice the creditors of the purchaser or bailee, which statement and affidavit shall be regarded as one instrument: "Provided that as to any such agreement, proviso or condition contained in any writing which has been registered previous to the passing of this Act and 'Iyhich but for this proviso would hy virtue of this subsection CCltse to have effect before or within six months after the passing hereof the same shall not cease to have effect by reason only of this subsection if the statement herein mentioned is registered within six months after the passing of this Act. "

(5) Anoth.er stntement in accordance with the provisions of the last preceding subsection duly verified as required therehy shall be filed in the 01110e of the registration clerk of the district where the property is then situate within thirty clays next pl'ceeding the expiration of the term of one year from the day of the filing of the statement required by the last preceding subsection and in default thereof ans' such agreement, proviso or condit.ion as is mentioned in

section 1 shall cease to have effect. and the property or right of possc",sion therei.n mentioned shall be deemed to have passed to t.he purchaser or bailee, and so on from year to year, that is to say, another statement u.s a,foresaid duly verified shall be filed within thirty days next preceding the expiration of one yeae from the day of filing of the former statement and in default thereof such agreemcnt., proviso or condition shall CC[1/ie to have effect and the property or right to POs(:lcssion P3.SS as aforesaid." 9. An Ordinance respecting the Devol1dion. of Estates, being

chapter ]3 of the Ordinances of 1901, is amended as follows: 1. By adding thereto after

section 1 thereof the following new

section as

section la: "la . . Where a man dies intestate leaving a widow" then in case one child only has been born to the intestate, either by the wife living at his death or by any former wife, one half of the property of such intestate shall belong to such widow pW\Tided that prior to his death she has not left him and lived in adultery after leavi.ng him, and the other half to such child if living or to the legr.l representatives of such child if deceased. 2. By adding thereto the following new

section as

section 5 thereof: • "5. If the parents of a child born out of wedlock after wards marry, such child shall for the purposes of this Ordinance and for all other purposes, be deemed the legitimate child of such parents." 10. The Legislative Assembly Act, being

chapter 2 of the Statutes of 1909, is amended as follows:

Section 36: By inserting after the word "Spe:~ker" in the second line thereof the words "and to any member who has acted or presided as Speaker as aforesaid""

Section 53, subsection 2: By inserting after the word "abroad" in the third line thereof the words "or in attendance at any school of military instruction", and by striking out the word "third" where it first appears in the fourth line thereof and substituting therefor the word "fourth". 11. The Alberta Pharmaceutical Association Act, being

chapter 38 of the Statutes of 1910 (Second Session), is amended by adding after

section 34 thereof the following new

section as

section 34a: "34a. Nothing in this Act shall apply to the sale by any person duly appointed for that purpose by resolution of a 'local union' of the United Farmers of Alberta, or by resolution of the council of a rural municipality, of strychnine or other poison for the destruction of gophers to a member of such 'local union' or to a resident of such rural municipality, provided such poison is sold in sealed glass or metal packages distinctly labeled with the name of the

article and the word 'poison,' and, provided further that the seller shall make an entry in a book to be kept for that purpose, stating the date of the salle, the name and address of' the purchaser, the name and quantity of the

article sold and the purpose for which it was stated by the purchaser to be required, to which entry the signature of the purchaser shall be affixed." 12. The Co-operative Associations Act, being

chapter 12 of the Statutes of 1913, is amended as follows:

Section 4: By inserting after the word "may" in the seventh line thereof the following: "At a public meeting held in the locality in which it is proposed to carryon business of which at least two weeks' notice shall have been given in a newspaper pub lished or circulating in such locality by publication of a notice therein, signed by each of such persons, declaring an intention to apply for incorporation, as hereinafter provided, the object for which incorpol'ation is sought, and naming the place and time of such meeting."

5 13. The A.lberta Insurance A.ct, being

chapter 8 of the Statutes of 1915, is amended as follows:

Section 3: By striking out subsection 1 thereof and substituting therefor the following: "j," 3. Every insurance corporation which undertakes insur ance within the province other than the renewal from time to time of life insurance policies shall pay to the superintendent, for the use of the province, an annual. tax as follows: '11. Every company undertaking- " (

a) Life insurance" " " .. . . . . .. .. . . . . . . .. .. $300. 00 " (

b) Fire, storm, cyclone, tornado, inland marine, inland transportation and sprink- ler leakage insurance. . . . . . . . . . . . . . . .. 300 . 00 " (

c) Hail insurance. . . . . . . . . . . . . . . . . . . . . .. 200 . 00 "(

d) Accident (including vehicle and public liability), automobile, sickness and gwtr- antee insurance. . . . . . . . . . . . . . . . . . . . .. 200.00 "(

e) One or more of the following: Plate glass, burglary, steam boiler, storm, cyclone, tornado, inland marine, inland transpor- tation and sprinkler leakage insurance. . 50. 00 "(

f) Mutual fire insurance:-- If provincial. . . . . . . . . . . . . . . . . . . . . . . . . 50.00 If Dominion or foreign. . . . . . . . . . .. ... 50.00 " (

g) One or more of all other classes of insur- ance... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

Section 17: (

a) By repealing subsection 1 thereof and substituting therefor the following: :J:"17. Every agent shall pay to the superintendent for the use of the province for each certificate of authority or renewal thereof: "1. To undertake all classes of insurance except life insurance: "In cities .. " ... " .. " . . . . . . . . . . . . . . . . . . . . . .. $25.00 "In towns...... . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.00 "In other places. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . 00 "2.

To undertake life insurance anywhere in the province. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . 00 "3. To undertake anywhere in the province all classes of insurance except fire or life insurance.. 3 . 00" (

b) By adrling thereto the following as subsection 4 thereof: "

(4) The fee pay~ble for any certificate issued between the thirty-first day of Auguflt in any year and the fifteenth day of February in the year following, shall be such pro portion of the annual fee as the Lieutenant Governor in Council shall by order determine."

Section 76, subsection 1: By striking out the word "injured" in the sixth line thereof and substituting therefor the word "insured". 14. The Treasury Department Act, being

chapter 5 of the Statutes of 1906, is amended as follows: 1. By adding thereto after

section 27 thereof the following

section as

section 27 a: "27a.

Any member of the public service or other person employed temporarily or otherwise upon the publilc business may under any regulations of the treasury board in that behalf be advanced money by the Treasurer out of any appropriation available for the purpose for disbursement upon travelling or other necessary expenses; and every such advance shall be fully accounted for with proper vouchers for all disbursements made, any balance unex pended being returned whenever and so often as such accounting shall be required by the Treasurer or by the regulations under which such advance may be made: "Provided that irrespective of other direction all advances are to be accounted for fully by the close of each fiscal year."

Section 66: By repealing same and substituting therefor the followipg: ' "66.

The cheques ,shall be prepared in the Treasury Department and signed by the Trea~urer or Acti~g Treasurer or Deputy Treasurer or any officer or clerk appointed thereun,to by the Treasurer or Acting Treasurer and counter signed by the Auditor o;r some officer or clerk appointed thereunto by the Auditor; and ~uch pheque,EI shall be entered in the books of the audit office; and it shall be the duty of the A;uditor with ,a:n offidal of the Treasury Department, not laper'than the tenth d~y of each month, to examine the cheque books of that department for the calendar month previous, comparing expenditure with his own appropriation books." 15.

The Land Titles Act, being

chapter 24 of the Statutes of 1906, is amended as follows:

Section 52: By adding thereto the following as sub

section 2 thereof: "

(2) Where a tran,Sferee declines to register any such transfer the transferor or the mortgagee may by originating notice c,all upon the transferee or such other person or persons as the judge may direct to show cause why the same should not be registered, and upon the return thereof the judge may order the registration of the said transfer within a time named or make such further or other order and on such terms as to costs and otherwise as to him shall seem meet."

Section 53a: (

a) By adding to subsection {

a) thereof the following: "And the said plan shall be sealed with the corporate seal of the railway corporation and countersigned by at least one of the officers thereof." (

b) By repealing subsection (

d) thereof and substituting therefor the following: "(

d) The plan shall show the position and nature of all monuments placed in accordance with the provisions of The Alberta Surveys Act to define the limits of the

7 right-of-way, together with a sufficient number of angular and lineal measurements to enable the position of the same to be re-established on the ground." 3. By inserting after

section 53a thereof the following new

section as

section 53b: "53b. The provisions of

section 53a except subsection (

g) thereof shall, mutatis mutandis, apply to every person, firm, company or corporation, constructing any gas or oil pipe line or any other transmission line, pipe or conduit for which a right of way is acquired."

Section 62: (

a) By adding thereto the following: "Provided, however, that where proceedings in respect of any mor~gage or encumbrance have already been or hereafter shall have been commenced under the provisions of the next following ,section, no proceedings unp.er this

section for the enforcement of the covenant for pttymen1G shall be commenced or if commenced sh;tll be conti;nued until the remedies provided by the next following

section are exhausted. " (

b) By adding thereto the following subsection as sub

section 2 thereof: "

(2) Where any action or proceeding has before the date of the passing of' this subsec}ion been taken or shall thereafter be taken in any court either under the provisions of this

section or to enforce the observance of the covenants, agreements, stipulations or conditions contained in any agreement for the sale of any land, and personal judgment has been or shall be obtained- therein, no execution shall issue thereon until sale of the land mortgaged or ngreed to be sold has been had or foreclosure ordered and levy shaJI then be made only for the amount of the judgment or mortgage debt reml:l,ining unsatisfied with costs."

Section 62a: By repealing subsection 18 thereof and by substituting therefor the following: "

(18) A judge of the Supreme Court or a maS1Ger in chambers may, from time to time, upon such terms as he shall think fit, on

summary application by any person interested, which application may be made either in person or by attorney or solicitor, on notice to the mort gagee or encumbrancee by order stay any proceeding hereunder, and may upon such terms as he shall think fit on

summary application made as aforesaid and on notice to the mortgagor or encumbrancer cancel such stay." 16. The Private Ditches Act, being

chapter 6 of the Statutes of 1913 (Second Session), is hereby amended by adding ther~1!,o $e following section: "40. No person shall interrupt, mole~t or hinder any engineer appointed under the Act in the discharge of his duties hereunder, nor shall any person obstruct or interfere with apy ditch constructed or in process of construction under this Act, and any person violating any of the: pro ",i,sions of this ,section shall be liable on

summary conviction thereof to a penlllty not exce~ding on~ hundred dollars and c~ts and in default of payment thereof forthwith to imprisonment for a term not exceeding two months." 17. The Children's Protection Act of Alberta, being

chapter 12 of the Statutes of 1909, is amended as follow~:

Section 2: By striking out the word "seventeen" where it occurs in subsection (

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

Section 5: (

a) By striking out the figures" 10,000" in the second line of subsection 1 thereof BtIld sUbstituting therefor -the figur~s "5,000 ". . (

b) By s~riking out ,the figures "10,000" in the first line of subsection 5 thereof and substituting therefor the figures 115,000 ". 18.

An Act respecting Seed Grain, ]?odde1' and Other Relief, being

chapter 14 of the Statutes of 19J15, is hereby amended by adding thereto the following sec:tions: "14. The expression 'Minister' wherever used in this Act shall be ~aken anp construed to include 'the Minister or Acting Minister or Deputy Minister of the Interior of the Dominion of Canada, or any person authorized or empowered in writing by the said Minister to act for him in the premises. "15. The said Act shall be read and constru.ed as if the above

section 14 had originl1lly be~n pari; thereof." 19. The Mechanics' Lien Act, being

chapter 21 of the Statutes of 1906, is amended as follows:

Section 35, subsection 1: By striking out the word II sixty" in the fourth and tenth lines thereof and by substituting therefor in each case the word II thirty". 20. The M~ arriage Ordinance, being

chapter 46 of the Consolidated Ordinances of the Territories, 18~~8, is hereby amended as follows:

Section 9: By adding at the end thereof the following proviso: "and provided further that no license shall be issued or granted for the marriage of any person under the age of fifteen years."

Section 11: By repealing the same and substituting therefor the following: "11. If one or both of the parties to an intended marriage is under the age of twenty-one years, then before a marriage license is issued in respect thereof, or, in caiSe where no marriage license is required, then before the publication of the banns thereof, or before any such marriage is performed or contracted, one of the parties to the intended marriage shall deposit with the issuer of marriage licenses, or with the minister or clergyman or other person authorized by this Ordinance to perform the marriage <ceremony, a consent thereto in form G in the

schedule hereto of the persons hereinafter mentioned. "

(2) The persons whose consent in such form shall be deposited are: II (

a) The father and mother or such of them as may be living of each of the parties to the intended marriage;

9 /I (

b) If both the father and mother of either or both of the parties to the intended marriage are not then living then a lawfully appointed guardian or the acknowledged guardian who may have brought up or may for three years immediately preceding the intended marriage have supported or protected such party or parties respectively: /I Provided that if the father and mother of either or both of the parties to the intended marriage are dead and there shall be no lawfully appointed or acknowledged guardian but such party or parties is or are over the age of eighteen years and is or are earning his or her own livelihood then no such written consent as aforesaid shall be required."

Section 12: By inserting after the word "affidavit" in the sixth line thereof the words "or declaration".

Section 15: By inserting after the word "affidavit" where it appears therein the words "or declaration". 5. Form B: By substituting the following for the first paragraph of clause 4 thereof: "4. (1 n case one of the parties is under the age of twenty-one years.) ...................... is (or are) the person (or persons) whose consent to the said marriage is required by law and he, she or they have formally consented to the said marriage. " 21.. An Ordinance to amend

chapter 46 of the Cort8olidated Ordinances of the Territories, 1898, intituled !' An Ordinance respecting Marriages," being

chapter 17 of the Ordinances of 1901, if! amended as follows:

Section 2: By repealing the same and substituting therefor the following: "2. In the event of either or both of the parties to an intended marriage objecting to or not being desirous of adopting marriage by a clergyman or minister of any religious denomination or by a commissioner or stlllf officer of the Salvation Army, then and in that case one of the parties to the intended marriage shall at least fourteen clear days immediately preceding the day of the intended marriage give notice in writing in form C in the

schedule hereto to the marriage commissioner whose residence is nearest to that of the parties to the intended marriage or of one of them, and an affidavit taken and sworn in form B in the Rchedule to The Marriage Ordinance and the necessary consents (if any) in form G as provided in

section 11 of The Marriage Ordinance shall be deposited with such marriage commissioner by one of the parties to the intended marriage; and forthwith upon receipt of such notice, affidavit and consents (if any) the par ticulars of such intended marriage shall be entered in a book to be kept for that purpose by the marriage commissioner in his office, which said book shall be open to the inspection of the public at all reasonable hours."

Section 4: By inserting after the word "days" in the first line thereof the words "and after the issue of a certificate in form E."

Section 5: By repealing the same and by substituting therefor the following: "5. In case any Quakers or Doukhobortsi de8ire to be married according to the rites and ceremonies of their own religion or creed, one of the parties to the intended marriage shall, at least eight days immediately preceding

,10 the day of the intended marriage, give notice in writing in form C in the

schedule hereto to the marriage com missioner whose residence is nearest to that of the parties to the intended marriage or of one of them, and 3.n affidavit or declaration taken and sworn or made in form B in the

schedule hereto, and the necessary consents (if any) in form G as provided in

section 11 of The Marriage: Ordinance shall be deposited with such marriage commissioner by one of the parties to the intended marriage; and forthwith after the performance of the said rite or ceremony the parties thereto shall make and sign a declaration iIi form F in the

schedule hereto, such declaration being made and signed in the presence of two witnesses who shall each severally attest such declaration by their signatures, and such declaration shall within eight days from the date of such marriage be delivered by one or other of the parties so married to the said marriage commissioner. "

(2) The marriage commissioner shall upon receipt of the notice and declaration, affidavit and consent (if any) as provided in sections 16 and 19 of The Marriage Ordinance, forthwith transmit the same to the registrar of the division for the registration of births, marriages and deaths within which the said marriage was solemnized; and sueh registrar shall deal with the same in the manner in which it is provided by The Vital Statistics Act that such registrar shall deal with the forms containing the original entries of marriage reported to him during the month then current." 4. By repealing form D thereof. 5.

By adding thereto the following form: "FORM G. "1 (or we) hereby consent to the marriage of my (son, daughter or ward) with" , .... , ., .. ,' and 1 eertify that my said .... , , , . , , . , " "" .. ". is over the age of fifteen years. 1/ Dated at ................ , ..... this.. . ......... day of ... , ... , ........... . "Witness: .'.. ,. .. . ............ , .. ,. . 22. The Railway Act, being

chapter 8 of the Statutes of 1907, is amended as follows: 1. By striking out the words "Lieutenant Governor in Council" wherever they occur in sections 131, 182 and 133, and substituting therefor the words "Board of Public Utility Commissioners". 2. By striking out the word "Minister" wherever it occurs in sections 136, 138, 139, 143, 153, 160, 161, 168, 177, 180, 181, 183, 184, 188, 189, 201, 206, 207, 208, 209 and 212, and substituting the words "Board of Public Utility Commissioners". 3. By inserting after the word "Minister" in the fifth line of

section 213, the words "or of the Board of Public Utility Commissioners". 4. By inserting after the word "Minister" in the fifth and sixth lines of

section 217 the words "or the Board of Public Utility Commissioners". 23. The Public Utilities Act, being

chapter 6 of the Statutes of 1915, is amended as follows:

Section 3: By adding to subsection (

b) thereof, immediately after the word "province" where it occurs in the fourth line the following, "or that have by virtue of any agreement with any municipality, submitted to the jurisdiction and control of the board", and by adding after

section 3 the following new

section as

section 3a: "aa.

No municipality shall enter into any 3,greement with, or grant any franchise to, any company, the business and operations of which are not subject to the Legislative authority of this province, for the operation, management or control of any system, works, plant or equipment for the production, transmission, delivery or furnishing of water, gas, heat, light or power, either directly or indirectly, to such municipality, unless there is contained in such agreement or grant a provision whereby the company agrees to submit the business and operations thereof to the same control and supervision by the Board of Public Utility Commissioners in all respects as any such company would have been subject to had such company come within the provisions or description of subsection (

b) of

section 2 of The Public Utilities Act. "

(2) Such provisions shall, before the final entering into of any such agreement or the granting of any such franchise before mentioned, be submitted for approval to the Board of Public Utility Commissioners. "

(3) Any agreement entered into between any muni cipality and any such company referred to in this section, or any franchise granted by any municipality to !tny such company in contravention of this section, shall be absolutely null and void."

Section 42: By repealing same and substituting therefor the following: "42. The board may, where in its opinion the attendance of any witness before the board is desirable, cawse to be served ·upon such witness a notice requiring his attendance before the board which notice shall be signed by a member or the secretary thereof. In all other cases the procedure relating to the attendance of witnesses before the board shall be the same as is now in force, or may for the time being be in force, in the Supreme Court of Alberta."

Section 91: By striking out the words" and whenever in sections 108, 110, 112" where they occur in the seventh and eighth lines thereof, and substituting therefor the following, "and wherever in sections 108, 110, Jl12 a.nd 123 ". 24. The Alberta Surveys Act, being

chapter 13 of the Statutes of 1911-12, is amended as follows:

Section 24, subsection (b): By adding thereto the following: "in no case shall the limits of a right-of-way be surveyed as spiral curves." 2. By inserting after

section 24 thereof the foilowing new sertion: "24a. The provisions of

section 24 shall, mutatis mutandis, apply to every surveyor making a survey of lands and to any survey required for any gas or oil pipe line or any other transmiesion line, pipe or conduit for whieh a rigLt of-way is acquired in the province. II 3. Form A of the

schedule thereto: By striking out all the words after the words" The Land Titles Act" and substituting therefor the following:

12 "Dated at ...................... this. .... . ...... day of ......................... , 19 .... , in the presence of " 25. The Married Women's Relief Act, being

chapter 18 of the Statutes of 1910 (Second Session), is Il,mended as follows:

Section 12: By adding thereto the following: /I except as to any position of the estate unadministered at the date of the application." 26. An Ordinance to incorporate the President and High Council of The Alberta Stake of Zion, being No. 43 of the Ordinances of the North-West Territories, 1897, is amended as follows: .

Section 5: By striking out the word "seven" in the proviso thereto and by substituting therefor the word II twenty". 27. The Local Improvement Act, being

chapter 11 of the Statutes of 1907, is amended as follows:

Section 58: By adding thereto the following sub section: "

(3) The council may subject to the approval of the Minister compromise upon such terms as may be agreed upon for payment of arrears of taxes on lands which have been subdivided under a plan registered at the land titles office."

Section 65a: By adding after the word /I agriculture" in the last line in the said

section the words II or for the payment of gopher bounty as the council shall deem fit" . 3. By adding after

section 65b thereof the following new

section : l165c. The council may, if it thinks fit, enter into an agreement with the board of any hospital whereby such board will undertake to care for and treat :11.11 persons who have been resident of the local improvement district for at least three months, who fall ill and who for financial reasons or otherwise are incapable of procuring the necessary medical attendance and treatment. Such agreement may provide for the payment of an annual sum and be subject to special conditions and restrictions as may be agreed upon between the council and the hospital board."

Section 80: By adding thereto the following: II Provided also that the Minister may compromise upon such terms as may be agreed upon for payment of arrears of taxes on lands which have been subdivided under a plan registered at the land titles office."

Section 87: By repealing subsection 1 thereof and substituting therefor the following: /I 87. The taxes collected in any large distriet shall be deposited in a chartered bank to the credit of' a district fund in the name of the Minister of Public 1~ orks and expended under his direction in making such improvements as may from time to time be required in the district or on loads leading directly to the said district:

13 "Provided, however, that the expenses incident to the assessment and collection of the taxes and any other necessary expenses in connection with the administration of affairs in the said district shall be a first charge on the funds in the said account."

Section 93: By adding to subsection 1 thereof the following: "Provided also that notwithstanding the above provision as to redemption fee the Minister may compromise upon such terms as may be agreed upon for the payment of the redemption fees on lands which have been subdivided under a plan registered at the land titles office.:" 28. The Timber Areas Tax Act, being

chapter 15 of the Statutes of 1914, is amended as follows:

Section 6: (

a) By striking out the words "two and one-half cents" where they occur in the third and fourth lines thereof and substituting therefor the words "one cent". (

b) By adding to subsection 1 thereof the following: "Provided, however, that any part of a timber area which lies within the boundaries of a local improvement district, a rural municipality, or a school district, in which the school is in operation, shall be exempt from this tax. This proviso shall apply as though in force on. the first day of January, 1915." (

c) And by adding thereto the following subsection: "

(2) This

section shall apply to any proprietor holding timber areas on the first day of March in any year, and such proprietor shall pay the taxes for the then current year, . notwithstanding that the lease may have been can celled prior to the first day of June then following." ~m. The Wild Lands Tax Act, being

chapter 3 of the Statutes of 1914, is amended as follows:

Section 3: By adding thereto the following sub sections: "

(19) Patented homesteads where the original home steader is the owner and is absent on active naval or military service. "

(20) Railway rights-of-way and rights-of-way of irri gation canals. 30. The Municipal Ordinance, being

chapter 70 of the Consolidated Ordinances of the Territories, 1898, is amended as follows:

Section 202: By striking out the word " Crown" where it appears in the sixth line thereof and substituting therefor the following: "of the Crown or of any consolidated school district, local improvement district, rural municipality or village." 31. The Mutual Fire Insurance Ordinance, being

chapter 120 of the Consolidated Ordinances of the Territories, 1898, is hereby amended as follows: 1. By repealing

section 66 thereof and by subsiiituting therefor the following:

14 "66. A company may effect any insuranee upon the cash premium principle, for a period not exceeding three years, on farm and other non-hazardous property, and for one year or less on any other class of property; but the amount of cash insurance in anyone year shall be limited, so that the cash premiums received thereon during anyone year shall not be in excess of one-half of the amount still payable in respect of premium notes or undertakings on hand on the thirty-first day of December of the previous year, according to the statement made under

section 42, and the directors shall prepare a tariff of rates for such policies but no single risk shall be undertaken of a larger amount than two thousand dollars." 32. The Assignments Act, being

chapter 6 of the Statutes of 1907, is hereby amended as follows: 1. By adding after

section 28 thereof the following section: "28a.

If the assignor, at the time of the assignment, is a tenant of property the assignee shall, notwithstanding any provision, stipulation or agreement in any instrument contained, and whether or not he may have ~mtered into possession of the said property, be at liberty within one month from the execution of such assignment, by notice in writing under his hand, delivered to the lessor or landlord, or to his agent, to elect, either to disclaim the assignor's lease or to retain the property either for the unexpired term of any lease under which the said property was held or for such portion of the said term, not exceeding six months, as he shall see fit upon the same terms and conditions as the assignor might have held such property had no assignment been made.

"

(2) The lessor or landlord of any property actually occupied by the assignor and used by him in carrying on his business at the date of the assignment, shall not be entitled to distrain upon the goods of the assignor after they have become vested in the assignee, and all goods thus distrained upon shall, on demand, be delivered by the person holding them to the assignee: "Provided the lessor or landlord shall have a preferential claim against the estate of the assignor- "1. For arrears of rent- "(

a) To the amount thereof not exceeding four weeks' rent when the lease is at will, or for any term less than one month; " (

b) To the amount thereof not exceeding four months' rent when the lease is for a term of less than one year, and not less than one month; "(

c) To the amount thereof not exceeding six months' rent, in all other cases; "2. For rent from the date of assignment so long as the assignee shall retain possession of the said property and premises, and for all other rent either for arrears or other wise, he shall have a claim provable against the estate, only as an ordinary creditor. "

(3) Nothing herein contained shall prevent 1ihe assignee under the authority of the creditors from selling, transferring, subleasing or otherwise disposing of any lease or leasehold property, or any interest of the assignor therein, for the unexpired term thereof, or any part thereof, to as full an extent as could have been done by the assignor had no assignment been made; and where consent or leave of the lessor, or any other person to such sale, transfer, sublease, or disposition is or may be required and is refused,

15 the assignee may upon proper notice to the lessor, landlord,. or his agent, apply to the court for approval of such sale, transfer, sublease or disposition. "

(4) This Act shall be deemed to have been in force from the first day of July, 1911, and any disclnimer here tofore given shall be deemed to be good notw)lthstanding any defect in form, or whether the same was by word of mouth or in writing, but it shall not, be construed to affect in any way PJroceedings already taken." 33. The Companies Ordinance, being

chapter 20 of the Ordinances of 1901 as amended, is amended as follows:

Section 5: By striking out the words "Iexcept hail insurance" where they appear therein.

Section 52: By adding thereto the following sub sections: "

(2) Nothing in this

section shall prevent a mining company or a company whose assets are of a wasting character from declaring or paying dividends out of its funds derived from the operations of the company. "

(3) The powers conferred by subsection 2 may be exercised notwithstanding that the value of the net assets of the company may be thereby reduced to less than the par value of the issued capital stock of the company if the pay ment of the dividends does not reduce the value of its remaining assets so that they will be insufficient to meet aU the liabilities of the company exclusive of its nominal paid up capital. "

(4) A dividend may be paid by any such company distributin,g in specie or in kind assets· of the company not exceeding the amount of the dividend. "

(5) The powers conferred by subsection 2 shall not be exercised by any such company unless under the authority of a resolution passed by the directors and confirmed at a general meeting duly called for the purpose of eonsidering the .same by a vote of the shareholders present or repre sented by proxy and holding not less than two-thirds of the issued capital stock represented at such meeting. "

(6) Where dividends have already been paid by such a company in any of the cases mentioned in subsection 2, the payment thereof shall be deemed valid if a resolution adopting and approving the same is passed by the directors and approved by vote of the shareholders in the manner mentioned in subsection 5." 34.

An Act respecting Inquiries Concerning Pub,~ic Matters, being

chapter 2 of the Statutes of 1908, is amended as follows:

Section 1: By repealing the same and substituting therefor the following: "1. The Lieutenant Governor in Council may, whenever he deems it expedient and in the public interest to cause inquiry to be made into and concerning any matter within the jurisdiction of the Legislative Assembly either con nected with the good government of the province or the conduct of the public business thereof, or which he shall by his commission declare to be a matter of public concern, appoint a eommissioner or commissioners to make such inquiry and to report thereon."

Section 2: (

a) By striking out the word "commis sioners" where it appears therein and substituting therefor the words "commissioner or commissioners".

16 (

b) By inserting after the word IIbefore" in the third line thereof the words "him or". (

c) By inserting after the word "which" in the eighth line thereof the words "he or". 35. The Educational Tax Act, being

chapter 18 of the Statutes of 1907, is amended as follows:

Section 2: By adding thereto the following: "Provided also that the Minister may compromise upon such terms as may be agreed upon for payment of arrears of taxes on lands which have been subdivided under a plan registered at the land titles office."

Section 13: By adding to subsection 1 thereof the following: "Provided also that notwithstanding the above provision as to redemption fee the Minister may compromise upon such terms as may be agreed upon for the payment of the redemption fees on lands which have been subdivided under a plan registered at the land titles office."

Section 17 a: By repealing the same and substituting therefor the following: "17 a. All of the moneys received by the Provincial Treasurer under the provisions of the last preceding

section in respect of the taxes levied and collected under an assessment and levy made during the year 1915" or in any year thereafter, on land held under grazing lease or permit from the Government of Canada, shall be deposited by him in the general revenue fund as a special account, and shall be expended by him from time to time under the direction of the Minister of Education in accordance with the provisions of

section 3b of The School Grants Act." 36 •. The Bills of Sale Ordinance, being

chapter 43 of the Consolidated Ordinances of the Territories, 1898, is amended as follows:

Section 33: By striking out clause 4 thereof and 'substituting therefor the following: "4. For every search, 25 cents." 37. The Companies Winding-Up Ordinance, being ehapter 13 of the Ordinances of 1903, is amended as follows: 1. By adding after

section 3 thereof the following new

section as

section 3a: "3a. At any meeting at which an extraordinary resolution is submitted to be passed or a special resolution is submitted to be passed or confirmed, a declaration of the chairman that the resolution is carried shall, unless a poll is demanded, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in fayour of or against the resolution. "

(2) At any meeting at which an extraordinary resolution is submitted to be passed or a special resolution is submitted to be passed or confirmed, a poll may be demanded, if demanded by three persons for the time being Emtitled .according to the articles to vote, unless the articles of the -company require a demand by such number of such persons, not in any case exceeding five, as may he specified in the .articles.

17 "

(3) When a poll is demanded in accordanee with this section, in computing the majority on the poll referenee shall be had to the number of votes to which ench member is entitled by the articles of the eompany. "

(4) For the purposes of this

section notice of a meeting shall be deemed to be duly given and the meeting to be duly held when the notice is given and the meeting held in the manner provided by the articles." 38. The Coroners Act, being

chapter 15 of the Statutes of 1906, is hereby amended by adding to

section 6 thereof the following subsection: "

(3) Before issuing any such warranli to bury, the coroner shall satisfy himself, by the production to him of a certificate of registration of death as required under

section 22 of The Vital Statistics Act or otherwise, that the death has been duly registered." 39. The

Interpretation Act, being

chapter 3 of the Statutes of 1906, is amended as follows:

Section 7, subsection 19: By striking out all the words after the words "Labour Day" therein and substituting therefor the following: "any day appointed by proclamation for a general feast or thanksgiving and with reference to any partieular part of the provinee such day in each year as may by proclamation be appointed a public holiday for such part of the province, for the planting of forest or other trees." roe The Fence Ordinance, being

chapter 28 of the Ordinances of 1903 (Second Session), is amended as follows:

Section 10: By repealing the same and substituting therefor the following: "It shall be the duty of any person erectinl~ any wire fence across any trail that has been in constllmt use by the public for a period of three months immediately previous to such erection to place on such fence where it crosses the trail and for a distance of two rods on each side from the centre of the trail either a top rail, or pieces of wood placed perpendicularly commonly known as droppers not less in length than the height of the fence nor less than two inches in width and at intervals not exeeeding six feet." 4:1.

An Act respecting Public Printing, being

chapter 9 of the Statutes of 1906, is amended as follows: 1. By striking out the words "Governmen1!; Printer" wherever the same occur therein and substituting therefor the words "King's Printer". 4:2. The Public Service Act, being

chapter 4 of the Statutes of 1906, is amended as follows:

Section 4: By striking out the words "Government Printer" where the same appear therein and substituting therefor the words "King's Printer". 4:3. The Alberta Election Act, being

chapter 3 of the Statutes of 1909, is amended as follows: 1. By striking out the words "Government Printer" wherever the same appear therein and substitutiJllg therefor the words "King's Pr#~~".

18 44. The Insanity Act, being

chapter 7 of the Statutes of 1907, is amended as follows: 1. By adding after f',cction 1 thereof the following new

section as

section la: "la. In this Act the expression "justice" or "justice of the peace" includes a coroner in and for the Province of Alberta."

Section 7: By striking out the word "such" in the third line thereof and substituting therefor the word" a". 45.

An Act to incorporate the Alberta Parmers Co-operative Elevator Company, Limited, being

chapter 13 of the !Statutes of 1913, is amended as follows: 1.

Section . .5: By inserting after the WOl d "grain" hi the thirteenth line thereof the following words: "To buy and sell farm produce and generally and any and all commodities required or used by farmers."

Section 24: By striking out all the words after "directors" in the fifth line thereof and substituting the words "by cheque signed by such persons as the directors by by-law may designate". p.

Section 26: By striking out the words "countersign all cheques" in the third line tliereof.

Section 29: By striking out the word "July" in the second line thereof and substituting the word "Augu~t".

Section 36: (

a) By striking out clause (

c) thereof ~,nd substituting' therefor the following: II If funds still remain, the directors shall set aside such sum as they deem meet as a reserve fund," (

b) By striking out clause (

d) thereof and substituting therefor the following: /I If sufficient funds remain, a dividend not exceeding eight per cent. shall be declared and paid to the share holders."

No. !It. FOURTH SESSION THIRD LEGISLATURE 6 GEORGE V 1916 BILL

An Act to amend The Statute Law. Received and read the First time ................. . Second time ... , ... '.' ...... . Third time ................ . RON. MR. CROSS. EDMONTON: J. W. JEnEaT, GOVERNMENT PRINTIIR, A.D. 1916 Title: 1916 (3rd, 4th) Bill 45,

An Act to amend The Statute Law

Document details

Collection	Alberta — Bills
Citation	L3 S4 9864
Type	bill
Volume / chapter	L3 S4 9864
Language	en
Format	json
Source	PROVINCIAL
Identifier	c93f8a6f38c7acd3a1fb080245f29405e7881533

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