Bill 1 (Legislature 2, Session 3)

L2 S3 10704

Alberta — Bills

BILL No. 1 of 1911. An A.c~ respecting _Rural Municipalities. (Assented to HIS MAJESTY, iby and' with the advice and consent of the Legislative! /..ssembly of the Province of Alberta, enapts as follows:

SHORT TITLE. 1. This Act niay be cited as "The Rural Municipality Ad{." Short uue £NTERPRETATION. 2. In this Aqt unless the context otherwise requires e lnterpreta- expression- 1 tlon 1. "Minister" I means the ¥inister of . Municipal Affaicl r Minister Alberta; i 2. "Municipal ty" means any rural municipality establish d Municipality under the provis ons of this Act; 3. "Council" eans the council of a rural municipality; Council 4. "Reeve" eans the reeve of a rural municipality; Reeve 5. "Councillor" mea~s a member of the council of a ru a! Cc,>unclllor municipality; I 6. "Resident lector." means: i ·.. • (

a) For the purp.qse of any municipal or other ele~i n !\:~\~~nt provide by this Act held prior to the completio f before h fi . . l 1 1. h . . f completion t. e rs mumCipa voters 1st or t e orgamzat10 of voters' a munic pality any person, male or female; of the f ll list age of ghteen years who is actually residing in t e municip lity or proposed municipality, as the case~ y be, and ho has so resided therein and owned or be n the occ pant of assessable land therein as provlid d by this ct for a period of at least two months irrlm - diately rior .to the date of such election; (

b) After th completion of the first municipal vote '!i:i~~nt list any erson, male or female, of the full age of eigh te n after ll 'd' · . h . . l' h L completion years ac ua y res1 mg m t e mumc1pa 1ty w ose n~ e or voters' appeart n the municipal voters' list and who has pa· d list all taxes due by' him to the municipality up to the $1 t day of ecember last preceding: i Provi ed that in no case shall the owner of l~n g~c~rnt's occupie by some person other than such owner e to vote deemed to be a resident elector unless the area f such Ian exceeds three hundred acres in which ¢ e the own r if an actual resident of the municip~li as well a the occupant shall be deemed to be a reside t elector; ' I 7.

"Elector" eans any person, male or female,· of the ifu 1 Elector age of eighteen ears whose name appears on the munic~p l voters' list as the owner of assessable land in' the municip~lit and who has pai all, taxes due by him to the municip31lit up to the thirty- rst day of December last preceding in respe t of such lands;

2 8. "Owner" includes any person who has any right, title or estate whatever or qther interest than that of a mere occupant in any land in a r)-lral municipality; 9. "Occupant" inclwles the inhabitant occupier of any ccupant laud in a rural municipality or if there be no inhabitant occupier the person entitleJ to the possession thereof; 10. "Person" includes corporations, joint stock companies rson and partnerships; I 11. "Secretary" rrteans the secretary or the secretary-treasurers creta.ry of the municipality;] 12.

"Treasurer" rlneans the treasurer or the secretary~ T easurer treas.urer of the murlicipality; ! 1~~. ·"Assessor" mlans the assessor of the municipality; A sessor 14 "The munici I voters' list" means the voters' list oP nlcipal • • • • . • v ters'. the mumc1pahty as !finally revised; u t 15. "LanJ" or "~Jroperty" includes landR, tenements and hereditaments and ar1y estate or interest therein; 1G.

"Public work~ includes .lands, streams, water course~ P bile and property real nd personal acquired for public works; w r!ts dams or dugouts eree ed or made for the storage of water, roads, culverts, bridges, fer ·ies, ditches, sidewalks, wells, drains, anJ. public buildings and tl! improvements, alterations and addition~ made to any such p blic work; 17. ''Felony" me ns any indictable offence which since tho F Iony passing of The Cri1 inal Code is punishable with death or imprisonment for a )eriocl of five years or o·,rer; 18.

"Misdemeano r" means any indictable offence for which M sde under 'l'he Crimina Code the penalty is imprisonment form anOU!' a term of kss than ve years; 19.

"Hawker" or I'' pedlar" means and includes any I lCrson H wker and who (being a principql or any agent in the employ of any person) P Jar goes from house to iouse selling or offering for sale any goo:ls, wnn•s or merehandis, or carries or exposes samples or patterns of any goods, wares or merchandise to be afterward delivered within the municipa ity to any person not being a wholesalfl or retail Jea.ler in su ~h goods, wares or merchandise, but shall not mean or include! any person selling meat, fish, fmit, agri~ cult?ral implements 1 sewing machines or farm produce by retaiL . 3. ·wheresoever th~ word "herein" is used in any

section of o ftnttton or this Act it shall be trndcn.;:tood to relate to the whole Act and ·h rein" not to that

section orrly. 4. \\'here forms arr prescribed any deviation therefrom not:o vlatlon a~f-;cting the substarce nor calc~lated to mislead shall not ~r m rorms vitiate the same and orms to the like effect shall suffice. I 5.

Where powPr to! make hy-laws, regulations, mles or orders P er to is conferred it shall tcluclc the power to alter or revoke the~~· ~~eor Fame from time to imc except '~1ere by-laws are made forjbY laws the purpose of raisin money, levying assessments or striking rates. . 6. !Vhe;e .in this Jet a certain elate ~s fixed on or by w~ic_h!~r ~~~~on certam thmgs are to1e clone or proceedmgs had taken and If It appears that such dat~· was fixed having regard to an earlier date fixed on or by which rtain things are to be done or proceedings had or taken then n twithstancling anything herein contained' if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. ·

3 7. If anything tp be .done by or under this Act at or witj:l.i a fixed time cann6t be or is not so done the Minister may !b order from time ~o time appoint a further or other time ~o doing the same w~ether the time within which the same ough to have been donl has or has not expired. '

(2) Anything d. ne within the time prescribed by such ortle shall be as va~id ~s if it had been done within the time ti:fe by or under this Apt. ·

PART I. MuNICIPAL ORGANIZATION. AREA AN~ BOUNDARIES OF MUNICIPALITIES. Extension of time by order ot Minister 8. Every municipality shall in so far as the same is pr$-c Area or ticable comprise ~n area of eighteen miles square or thtee :_~~~~ hundred and twertty-four square miles and all municipalit~es shall be laid out ot a uniform plan as nearly as the conditiqns of the system of D minion land survey and the physical features of the province wil allow. • 9.

Prior to the rganization of any rural municipality unqer .\lap of the provisions of this Act the Minister shall prepare a m~p r;!!,~lclpal of the province n which shall be outlined the area ap.d boundaries of mu icipalities to be hereafter organized under the provisions of his Act and such boundaries shall be fix~d as provided in the next preceding

section commencing at. tjhe south-eastern corn r of the province. · i 10. No city, to n or incorporated village, nor any portion lUes thereof, shall be de med for the purpose of this Act to be included ~~w~I~Ia.ges within the limits o any municipality to be hereafter organized ot thereunder. .ncluded 11. The map tblus prepared shall at all reasonable hoqrs Map open to be open to inspectihn and the boundaries of every municipality nspectlon petitioned for shall subject to such variations as may be approved by the rMinister correspond with those indicated on the said map. I ORG~riZATION OF A MUNICIPALITY. 12.

Whenever t~e residents of any portion of the province deem it advisable to take steps to organize a municipality in their neighbom:hoo~· they shall apply to the Minister for a form of petition and f r a plan showing the boundaries of the proposed municipa · ty as indicated on the map referred to ~n

section 9 hereof. ' i pp!lcatlon y petition

(2) Nh o 11 sbuch apdpl~cationb rehc~ived 1 by ~hte. Minis~erdinb fanJt a ~::upon year s a e acte upon y 1m un ess 1 1s recmve e ore the first day of Au1st in such year. . 13. No portion of the province shall be organized as a muni..;1 N mber ot . . . . ll "d h · l • re !dents c1pahty unless 1t con ams actua y res1 ent t erem a popu atwn in proportion of one !person to each square mile of the area o~ the proposed municipality. · '14.

Every petitioJ for the organization of a municipalitiT e shall be in such forjn as is prescribed by the Minister, shall1~ n~lft!~ be signed by five res~dent electors who shall be known as "The Municipal Cominittef' and shall be verified in such manne11 as the Minister may !direct. ' 15.

Every such p~tition shall be accompanied by a state- 1 st tement ment signed by at east fifty resident electors setting forth.~c ompa.ny th.at the subscribers hereof are desirous of having a vote taken'Pe ltlon to determine whethe~ or not 'the proposed municipality shall be organized as proyided by this Act which statement shall be in such form as is prescribed by the Minister. 16. Upon receipt I f such petition and statement in due,Authorlza- f h M . · f h • h h · h · • l1tlo of orm t e mister my ort w1t aut onze t e mumCipa ~~ tton committee to pr~cee with an election as hereinafter provided.' 17.

Upon receipt f such authorization the municipal com- co mlttee mittee shall forthwitl - 1 ~f ~P~~~t (q,) Fix a day, hfur and place for taking the poll for andf~ fe ot against the rganization of a municipality, which day; shall not be ater than 30 days after the receipt of such. authorizatio 1; (

b) Divide the proposed municipality into polling divisions and name a !Polling place for each division; (

c) Appoint a sqitable person to act as returning officer . at the elect~on for the organization of the propose(t municipality I; (

d) Appoint a deputy returning officer for each polling ·place one of 1 whom may be the returning officer.

(2) The polling places shall be located as provided by

section 97 hereof. 1 :11.8. On the taking qf a poll for the organization of a proposed h ceedlngs municipality all proceedings at the poll and preliminary and ~~e t\o~t:er subsequent thereto aln.d for the purposes thereof including a ! recount shall be condhcted in the manner as nearly ns may be 1 ·as .at an election of ctuncil~ors in an organized municipality. i 19. It shall be thcj duty of the returning officer at least ~0 tees fourteen days prior td the day fixed for the election to post up ~~s :d a notice of such election which shall .be in the form following, 1 or to the like effect: I · I ORGANIZATION.

Public notice is he~eby given that, pursuant to a petition ~o m ot forwarded to him, thel Minister of Municipal Affairs has autho-Mt ce rized a poll to be held Ito determine whether or not the following '

5 area shall be organ*ed into a municipality, as provided by The Rural Municipality Act, namely: (description of boundarfJes of proposed municinality). 1 That a vote of th¢ resident electors for and against the orgar:H- ~:!i~)n t~e ~~~. ~~~~t~~. ~~~i·c·i~~~;y0 ri.l~ .~~ .t.~~e.~ .~~. ~~.~ .o! from nine o'clock iJ!l the forenoon to five o'clock in the after noon at the followip.g places: For Polling Diyisi?n No.1 consisting of (description of.divisio'f!-) at (name of polltng rplace). · (Similarly describ~ other divisions and polling places.) And that I will ~ t (describe the place), on (day or weelc) the ~;ci~~~·~~~~ ·~~~~tfnl!~~ ~p th~·~~t~s· ~~~{~~~i~;e ~~et;:~~~ of such poll.

Given under my lhand at...... . ...... this....... . .... : . day of ............ 1 .. 19 ................................. . ·. · . Returning Officer.

(2) Every such noltice shall be posted up in the places provide~ ~tre t by subsection (2) of

section 100 hereof. · ~ ~~:ted 20. On the takin of every such poll no poll clerk shall be 0 ~on ftJPPOinted but the deputy returning officer shall have and c er perform all the po ers and duties of a poll clerk under thi~ Act. . 21. The returning I officer shall cause to be printed or prepare~ rm of a supply of ballot ~apers to be used for voting for or agains~ ~ ~~; the organization of ~he municipality which ballot papers sha~l be in the following form: · ~---:-:-:-IN-S-T---+------------1-. ----------~ 22.

The returninJ officer shall before the day of polling deliver or cause to] be delivered to every deputy returning 1 officer printed dire~tions for the guidance of voters, whicn directions shall be ~upplied by the Minister and shall 'be in such form as he shal~ direct. rectlons voter~ 23. The poll boo~ for the purposes of the election for the F rm or organization of a ·~ proposed municipality may be in the P u book following form: POLL BOOK. For Polling Divisio~ No ........ of the .proposed· munici]Jality of. . . . . . . . . . . . Re ord of Poll held th1s. . . . . . . . . . . . . . day of .............. 19 ... .

N arne of vote~ Voted Remarks I I I I 24. The persons ep.titled to vote at for the organization of a proposed the taking of the poll municipality shall be v o may e

6 the resident elector thereof; and every person who presents· himself for the purp se of voting shall be required by the deput~ returning officer bef re he is handed a ballot paper to sign ·~ declaration that he i a qualified resident elector which dcclar~- tion shall be in such form as is prescribed by the Minister. '

(2) The returnin officer if otherwise qualified to vote at the poll may vote b t he shall have no casting vote. ,

(3) Every person ho signs such declaration shall be entitle~ to vote. '

(4) Any voter wh is unable to write may sign the declaratio~ by making his mar thereon in the presence of the deputy returning officer w o shall initial the. same and the deputy returning officer sh H mark the ballot of such voter in the presence of those w o are in the room at the time in accordand,e with the wishes of s ch voter.

(5) Every residen elector shall be entitled to vote only in the polling division i which he actually resides. ,

(6) Any person s bscribing to the declaration as aforesaili I and who thereby akes any false statement shall be unle$s he can prove he did not know such statement to be false, guilty of an offence and fable on

summary conviction to a penalty not exceeding $20. · 25. On the appl' cation of any person interested in pro-s ru tlneers mating or opposing the organization of the municipality the returning officer or deputy returning officer shall authoriz~ the attenda!lce of t o persons on behalf of. the party applyin~ at each pollmg plac and at the final summmg up of the vote~: Provided howcve that not more than one set of scrutinee* on each side shall e authorized at any one polling place or at the final summin up of the votes. 26. Whenever a p rson presenting himself to vote has signea ntry or the declaration ref rred to in

section 24 hereof, the deput~ n me of returning officer shal immediately enter the name of such perso v ter in the poll book and and to such person the ballot paper, whic, shall be initialled o the baek by the deputy returning office~. i ! 27. At the close of the poll 'each deputy returning officers shall sum up the umber of votes cast for and against thb u organization of th proposed municipality and shall enter a statement thereof in the poll book; and all the ballot papers u:sed or that were it tended to be used in voting for or against the organization o the proposed municipality shall in all respects be dealt wi h in the manner provided by

section 144 hereof respecting at er ballot papers. mmlng votes 28. Each deputy eturning officer shall inclose in the ballot eciaratlon box with the other ackets the declaration signed by the voteti> ~ c?o 6 sed in in his polling divisi i b not box 29. The returning officer shall at the time and place appointed eciaratlc.n d th t f d · t th · . o result count an sum up vo cs cast or an .agams e orgamzatwh o election of the proposed m nicipality and shall publicly declare th~ · result. ' 30. In case of a recount of the . votes polled at a vote for '' atement the organization of proposed municipality the judge shall in r dge on lieu of the statemen required by clause 9 of

section 155 hereqf r count transmit to the retur ing officer a statement showing the number of votes allowed by im for and against such organization.

T

(2) In case of an e~uality of votes for and against organization quality of h 1 . h ., v tes on a recount by a udge' t e proposa to orgamze t e mum:.. cipality shall be dee ed to have been negatived. ' 31 .. Until such ti1e as the :mnicipality is decla.red to be~ ~~~n!~gbe orgamzed the retur ng officer shall have and exerc1se all the s cretary powers and duties f a secretary as prescribed by sections 14.9 to 155 inclusive hereof. , 32.

At the expira ion of the five days provided by sectiod ~t bteme~\ 153 hereof if no rec unt has been applied for or if a recoun~ ~ n~s~:~ 0 has been applied fm forthwith after the returning officer has received from the ju ge a statement of the result of the recoun~ the returning officer shall transmit to the Minister a -writte~ statement of the res It of the election which statement shall be in such form as is prescribed by the Minister. 33.

If the statemer~ received by the Minister shows an equal EJr uallty f f d . h . t' f d '' votes num?~r o. votes or n agamst t e _orgamza wn .o. a propose de eats mumc1pahty the pro )Osal to orgamze the mumcipahty sh~n~r nantza be deemed to have b en negatived. 34.

Upon receipt ) such statement and upon being satisfied ~n tster to that the provisions of ~~this Act have been substantially complied :ne, n~~fpauty . h h M' . 'f 1 f h 11 • f f h or anlzed wit t e mister I t e resu t o t e po was m avour o t e organization of the proposed municipality shall by written ord.er declare the mtnicipality to be organized and assign to! it a name and numbe .

(2) Such • order sh ll take effect only on, from and afteri the second Monday f December next following the date of, such order. \ 1

(3) Notice of such\. order shall be sent by the Minister to 1 , the municipal commit~ee. 35. Notice of the organization of a municjpality giving No ice of its name and number and a description of its boundaries shall tro aniza be published in The illberta Gazette and such notice shall be · conclusive evidence o~ the organization of the municipality as of the dateprovidt:;d y the

section last preceding and that all ! the necessary formaliti s required by this Act have been complied , with. I 36.

If there is a m2tjority of votes against the organization ll:x enseg of a proposed munici ality all reasonable expenses necessarily;:';,~ ?t incurred in connection ith such election shall after the accounts ~;; ';~;a_ therefor have been a proved by the municipal committee be uo apportioned by the ret rning officer at such election among the local improvement dis ricts including any large local improve- ment district which in hole or in part were within the boundar- ies of such proposed municipality in proportion to the area ,of each included in suchll proposed 'municipality; and unless paid within thirty days aft r <lernands made on such local improve- ment districts as afore aid bv such returning officer the respec- tive sums may be sued or and recovered from the local improve- ment districts as a deb due from them to the returning officer. 37.

The following f~es and expenses and no others shall Fee~ be allowed to the sev~ral officers mentioned respectively for \

8 their services and di~bursements at the poll for the organi-· zation of a municipalilty and the first election of a reeve and council: I To returning officers: I 1. When no poll hel1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20 2 .. When poll held .. t ............................... $35 3. For necessary p inting, the actual reasonable cost. 4. For providing bal ot boxes, the actual reasonable cost. To deputy returning o cers: 5. When poll held .. ~. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . $5 6.

For providing p lling booth, the amount actually paid or agree to be paid, not exceeding. . . . . . . . $3 ALTERATIONS IN1 BOUNDARIES OF MUNICIPALITIES. 38. The Minister m~y by order, notice of which shall be Alt~atlon published in The Albertr Gazette- gtu dartes . o( unlcl- 1. Sever any portio~ of a municipality and annex the same pall tes to any adjoining muntcipality; 2. Annex to any mrnicipality any outlying area hereafter adjacent to but not i eluded within the limits of any muni cipality; 3. Alter and adjust I the boundaries of two or more coter minous or adjacent m~nicipalities; 4.

Withdraw from lany municipality any area hereafter established as a villa~ under the provisions of The Village Act, being

chapter 10 f the Statutes of Alberta, 1907, or any Act passed in amendm nt or substitution thereof. ?9· In the event of t~e .boundaries or area of a.ny ~Qnicipality Adlju~~me~t bemg altered or changeU m any manner as provided m the next f~, ~ sete6r preceding

section the !Minister shall subject to the approval ~han e ~~s of the Lieutenant Governor in Council have power to make due qun ar provision for the settl!ment and adjustment of all matters arising out of such alter tion or change including the disposition of the assets and liabi ities of the municipalities affected and every decision of the Mi ister approved as aforesaid with respect to any such settlement 4nd adjustment shall be final and binding on all parties concerne?. MISDESCRIPTION ANJ ERRORS IN DEFINING BOUNDARIES. 40.

No order purpo~l ting to be made under sections 34 or Ertoti.s In 38 of this Act shall be eemed invalid on account of any non- bo n~artes compliance with any of he provisions of said Act as preliminary to such order; and nol misnomer, misdescription or omission in any such order shall in any manner suspend or impair the operation of this Act ;vith respect to the matter misnamed, misdescribed or omitte . I 41.

Any misnomer, m~''sdescription, omission, or other error in correfttoa any order made by the inister under the provisions of this Act or er ors may by any subseque t order be corrected and confirmed by the Minister as of tHe elate of the original order.

9 BOUNDtRY LINES OF MUNICIPALITIES. 42. For the pu~~oses · of this Act whenever any muni- ~oundary cipality is wholly r in part described as comprising certaip. 1 nes townships, parts of townships or sections in accordance with the system of Do inion lands survey the boundary lines of such municipality I except as varied by the descriptioh given in the notice ]required by

section 35 hereof shall be the posted side of the road allowance between adjoining sectio~s or townships excep~ in the case of correction lines where the south side of the r~ad allowance shall be the boundary.

(2) Any road all~wance between an Indian reserve and a municipality shall Be deemed to be in the municipality not withstanding anythipg herein to the contrary. DISOR+NIZATION ·oF MUNICIPALITY. 43.

The Lieutenat1t Governor in Council may· by ordet nt~organl notice of which shal{be published in The Alberta Gazette declare. zaJtlon that on and after a ay therein to pe named any municipality shall be disorganize and thereupon the same and the council thereof shall cease o exercise any of the rights, powers ot privileges vested in lsuch corporations by this Act; and upon any such disorganizttion of a municipality the Minister may appoint one or more~persons to adjust and settle the assets and• liabilities of such n unicipality; and such person or persons so appointed shall h ve subject to the approval of the Minister full power and authprity to sell, dispose of and convert into money all the assets ]1d property of such municipality and apply the same so far as he same will extend, first in payment of the liabilities of the said municipality and second in payment of his or their rem neration as hereinafter mentioned; and the surplus, if any, lthe Minister shall cause to be expended within the area .of thetmunicipality ~isorganized; and in ?ase the amount so realized s all be msuffiCient to pay and satisfy the 1 liabilities of the said municipality and his or their remunera- tion then such persJn or persons shall have full power and authority to assess, lpvy, collect and enforce payment of such sum or sums of mon'y as may be required to pay and satisfy such indebtedness o1' any balance thereof remaining unpaid and all expenses coitnected therewith including his or their remuneration which s~all be fixed by the Minister in the same 1 manner as a council apd its officers are authorized to do by this Act.

I I HAMLl'~TS. I 44. If at the ti1~e of the organization of a munici- or1anlza- pal~ty there is comp.Ji~ed '~ithin i~s .limits any area of la?d ~~f~efts whiCh has been subd1 IdeLl mto bmldmg ,lots or as a townsite · and a plan of which h s been registered in the land titles office of the land rcgistratipn district in which it is situated such area shall be known as 1 a hamlet and it shall be under the control of the council of sue' municipality. 45.

Subsequent to the organization of a municipality the or registration of any pl~n as aforesaid shall at once create the ~ 10 area described in suer plan a hamlet which shall be under na the control of the council of the municipality in which it is situated. 1 I Hal 46.

The property in I every hamlet shall be subject to assess-~~~ uc~~ In rnent and taxation b~ the municipality in the manner here- ha Iet to be after provided and thr· council shall each year cause at least s~: \n one-half of the amoun of the taxes estimated to be collected within such hamlet f r municipal purposes to be expended in public works withi* the. hamlet, if requested so to do by a majority of the own1rs of lands therein as shown by the las t revised assessment .rolL I

PART II. MuNICIPAL CouNciL. C~STITUTION OF COUNCIL. 47. The council de every municipality shall consist of five c nstltutton . j f h 'd o council councillors who shall be elected by a general vote o t e rest ent electors of the municipality. 48.

The council $ay, at any time, by by-law, divide the c ~n~~- ' municipality into di~isions, to be approved by the Minister, er ct~d by and provide for the 1 election of a councillor from each of such di Is IOns divisiops by the vote of the resident electors of the munici,;, pality resident withif such division; such by-law before coming into force shall be ~ubmitted to the resident electors of the municipality and receive the approval of two-thirds of the number of such resi~ent electors voting thereon, according to the procedure herei' prescribed for voting on debenture by~ laws: · Provided that the:' council of any municipality which has passed such a by-l~v may at any time after the expiration of two years from t e date of the passing thereof by by-law~ in like manner, aboli h such divisions and provide for the election of councillors by a ~eneral vote of the resident electors of the municipality.

I

(2) The provision~ of this Act in regard to the election of councillors by a general vote of the resident electors of the municipality shall n}utatis mutandis apply to the election of councillors from div~sions as aforesaid and the Minister shall have power, from time to time, to make such regulations, not ineonsistent with su¢h provisions, as he may deem expedient for the conduct of 'uch elections. 49. Every councillbJ," shall hold office for two years. I I OATHS OF OFFICE. 50.

Every membe~ of the council and every officer of the municipality shall t. efore entering upon the duties of his oftl.ce, make and subs ribe a declaration of office to the followin~ effect: T rms of o ce I, A.B., do solem~y promise and declare that I will truly, ~a r: o¥r faithfully and impar ially, to the best of my knowledge and 0 ce ability, execute the o ce (insert the name of the office), to which I have been elected ~or appointed, as the case may be) in this municipality, and th~t I have not received any payment or remuneration or promise thereof for the exercise of any par- tiality, abuse or undlue execution of the said office, and that I have not by myse~f or partner, either directly or indirectly any interest in any 1 contract with or on behalf of the said municipality (here in$ert if such is the case, except that arising out of the contract lfor the publication of an advertisement in [here insert name!/ newspaper] a public newspaper), save' and excepting that rising out of my office as (naming the office).

So help me od. 51. The person mJing such declaration shall before entering~; ~s~~ ~:th upon the Q.uties of hls office deposit the same in the office of the secretary: ! Provided that in the case of the councillors first elected for any municipality thel. said declaration shall be handed to the reeve at the first me~ting of the council to be aft~rwards de posited by him with lthe secretary of the municipality.

11 MUINICIPALITY A CORPORATION. I 52. Every munic~pality is hereby declared a body corporate and the name o~bthe body corporate shall be "The' Rural "Municipality of (.Tming the same), No. I CHANGE OF NAME. 53. The Ministe~ may from time to time alter the name of any municipalitf upon the petition· of a majority of the council and notice bf such alteration shall be published in The Alberta Gazette; anq in such case the seal theretofore used by such municipality .thall continue to be the seal thereof until changed by the cojncil. 54. No change i$. the name of any municipality made in accordance with thr provisions of the next preceding

section shall affect any ob~igation, right, action or property. incurred, established, done or acquired prior to such change. I !MEETINGS OF COUNCIL. . unlclpall t: a body orporate hange of arne ffect of nange 55.

The first mee{ing of each council sh~ll be held at a place 1:::lng ot to be fixed by the returning officer appomted to have charge c uncn of the election at ~hich such council was elected, at the hour of two o'clock in th~ afternoon on the first Monday in January, except when that drty is a public holiday, in which case such meeting shall be held at the same time on the next subsequent day which is not a 'public holiday; such returning officer shall give written notice o[ such meeting to each councillor by mailing the same to his ad(~ress at least eight clear days prior to the date of such meet~· 1g or by personally delivering the same to each councillor, r in the absence from his residence of any such councillor to ny adult person thereat, at least three clear days prior to lthe date of such meeting.

(2) The council olf the previous year shall hold office until the new council meets; provided, however, that the first council of any municipalit)[ shall hold office from the date of the election. 1 56. The council may at any meetings at which all the members e~~~;s of the council are present decide by resolution to hold regular meetings of the cou~cil and such resolution shall state the day,., hour and place of very such meeting and no notice of any such meeting shall e necessary. I 57.

A special mee~ing of the council shall be called by the~ eeW::,1gs secretary of the mu,icipality when he is required so to do in writing by the reevq or by any three members of the council and written notice 6£ every such special meeting stating the time and place whenl and where it is to be held and in general terms the nature of ~he business to be transacted thereat shall be given by the secretary in the manner provided by

section 55 hereof. .

(2) No· business o~her than that stated in the said notice shall be transacted a£ any special meeting of the council unless all the members of the council are present in which case by unanimous consent ~ny other business may be transacted. . • I • • • W lver f 58. The council may by unammous consent watve notwe no Ice of of any first, special 'or other meeting and hold a meeting at m etlng any time but every I member of the council must be present at such meeting.

12 59. Every meeti g of the council shall be held either in the municipality o in a city, town or village the area of which lies within o touches at some point the limits of the municipality: Provided that b the unanimous consent of the council and its meetings m y be held at any other point outside the limits of the muni ipality. ROCEEDINGS AT MEETINGS. lace of eetlng 60.

Every counci may make rules and regulations for calling ~g~-\~~: meetings, governing its proceedings, the conduct of its memben;, r • t• •t d ll f th t t' . f overnment 11:ppom mg comm1 ees an genera y or e ransac lOll (]) r proceed- its business provid d that no such rule or regulation be con-1 gs trary to law or the provisions of this Act. 61. A majority f the whole council shall be necessary to form a quorum a d no business shall be transacted unless there be a· quorum present. 6~.

The council hall at its first meeting elect from among its number a chair an, who shall be known as the reeve, who shall hold such offi e until the expiration of the term for which he has been electe as councillor.

(2) The reeve o in his absence the deputy reeve shall preside at every eeting of the council and shall preserve order and enforce the rules of the council. 63. The council hall at its first meeting and every three months thereafter lect one of their number as deputy reeve who shall hold o ce for six months or until his successor be appointed and in case the reeve through illness, absence· or any other cause is unable to perform the duties of his office or in case the offic is vacant the deputy reeve shall have all the powers of the eeve. · lectlon of eeve eeve to reside eputy eeve 64.

In the absen e of the reeve and deputy reeve from an. y 'na'rman o preside meeting another ember of the council shall be elected as chairman to presid at such meeting. 65. No act or ot er proceeding of any council shall be deemed ~~~~c~niess valid or binding on any party which is not adopted at a regular dopted or special meeting f the council at which a quorum is present. \~~Fn~iar 66 .. Every quest on shall be submitted to the council on the motion of the eeve or any other member thereof and no seconder shall be equired. otlon!l. eed not be onded 67.

At every m eting of the council all questions shall be 0 .,l~u~\ decided by the m jority of the votes and the reeve, deputy r:~jo~lty Y reeve or chairman f the council, as the case may be, shall have the right to vote ut in the case of an equality of votes the question shall be ecided in the negative. 68. The reeve w en present and all the councillors presept 1Iembers ot shall vote unless e cused by resolution of the council, on every ~~~tct~ote division. · 69.

The council hall hold its ordinary meetings openly ap.d Teetmgs no person shall be excluded except for improper conduct but ~~e~e the person presidi g at any meeting may cause to be expelled :and excluded any person who is guilty of improper conduct :at such meeting.

13 REEVE. 70.

The reeve shhJl be the chief executive officer of then ues municipality and it rhall be his duty to be vigilant and active in causing the laws governing the municipality to be put in force and duly execu!ted, to inspect the conduct of all municipal officers and so far as may be in his power to cause all negligence, carelessness and violation of duty to be duly prosecuted and punished and to communicate from time to. time to the council all such information and to recommend such measures as may tend to the betterment ofj the finances, health, security, cleanliness, comfort, ornamentatlion and prosperity of the municipality.

I 71. The reeve may suspend any municipal officer and h<:1 P wer o1t . s spens on shall thereupon repo~t such suspensiOn and the reasons therefor to the council who m;:ty either dismiss or reinstate the suspended officer; and in case lhe is dismissed such officer shall receive no salary or remune~ation from the date of such suspension. 72.

The reeve mat at any time and from time to time by A point writing unde: h.is haq.d apl?o.int :=tnd engage o~e or more spe~ial ':; ~r~eclal constables w1thm th~ mumCipahty for such t1me not exceedmg co stables fifteen days as shan be stated in the appointment; but the authority of any such constable shall cease if his appointment be not confirmed at the next regular meeting of the council. 73.

In each year i1~ which an election is to be held the reeve P bile shall by public not~ce conspicuously posted in at least ten m etlng widely separated pl~ces in the municipality call a meeting of the electors of the ~nunicipality for the discussion of municipal affairs to be held within two weeks preceding the date fixed for the nomination ~r councillors and if so requested at any time by the written etition of twenty electors the reeve shall in like manner call a public meeting of the electors to be held. on a date to be namrd in the notice thereof for the discussion of municipal affairs pr of any matter relating thereto. (~) Every council I may pass a resolution for p~ying the members thereof a ~um not exceeding 10 cents per mile for every mile necessari~y travelled, and a sum not exceeding $3 per day for the time not exceeding 10 days in any one year neeessarily obcupied i 1 n laying out or inspecting work performed or to be performed fqr the benefit of the municipality; provided the work so perfornwd or to be performed shall be duly autho rized by a resolutiop of the council, excepting where such work is of an emergent nature, in which case the payment of the councillors' fees· for laying out and inspecting' such work shall be in the discrc~ion of the council; provided further that a special report, settinlg forth the work performed by the members of the council, and the remuneration received therefor under the provisions of this

section shall be prepared and submitted to the electors of t~e said municipality at the nomination meeting thereof and a copy of such report shall be mailed to the Minister. I '.i'4. Every council I may pass a resolution for paying the Pa ment ot members thereof a ~um not exceeding $4 per diem for the co nell reeve and $3 per diem for each councillor for each meeting and ten cents for e~ery mile necessarily travelled in coming to and returning from such meetings of the council: Provided that the ~otal number of meetings for which each councillor may be pa~d during the term for which he is elected shall not exceed ten irl. each year:

14 And provided further that in case any meeting of the council is held outside the 1limits ·of the municipality no member of the council shall be paid for the mileage travelled by him beyond the limits of the ~unicipality. COMMITTEES. 75. The council may from time to time appoint standing c mmlttee or special committeef'l consisting of one or more of its members and may delegate to such committees any matter for con sideration, inquiry, management or regulation and may delegate to any such committee any of the duties and powers by this Act conferred and iQlposed upon the council except the power to borrow money, ptss a by-law or enter into a contract.

(2) Every committee to whom any duty or power is dele gated as aforesaid ~ay exercise or perform the same in like manner and with the same effect as the council. VACANCIES. 76. Any reeve or c?uncillor may resign his scat in the council R slgnatton at any time, or any reeve .may resign his position as reeve while retaining his seat in the council, by sending notice in writing of such rcsiHriation to tlm secretary and every such notice shall be brou~ht to the attention of the council at its next meeting and steps shall be taken immediately by the council to fill the vacancy. 77.

If after the ekction of any person as a member of the ~t 1 :~:~~~n council he is convict~d of felony or becomes insolvent within the meaning of any Act in force in the province, or a..ssigns his property for the l:Jenefit of his creditors, or, if not a British subject fails to becon~e naturalized within the time prescribed by

section 92 hereof, or if without being authorized by a resolu- tion of the council so to do he absents himself from the meetings ,.of such council for three consecutive months, his seat in the council shall forthwith become vacant. I 78. If the position of reeve becomes vacant by death, resigna- va ncy tion or otherwise the ?ouncil shall forthwith elect some person from among its number to fill the position for the unexpired portion of the term of the council.

(2) If a seat in the oouncil becomes vacant by death, resigna tion or otherwise the council shall forthwith appoint a returning officer to hold an elect~on to fill the vacancy and such election shall be held as nearly as may be in the manner provided by this Act for other elections; but if such vacancy occurs after the first day of November in any year in which an election is to be held such election shall not take place. I APPOINTED COUNCILLORS. 79.

If in any municipality the number of councillors required Mini ter by this Act is for any reason not elected, the Minister may~~~ ~f~~~Int appoint some person or rersons to fill the vacancies caused thereby. 80. The Lieutenant Governor in Council may at any time Lieu enant d. ' h h 1 '1 h f'Gove nor ISmiss t c w o e counc1 or any member or members t ereo in c uneu and appoint some persqn or persons to act as reeve, councillor;~~~ ppolnt or councillors for the municipality in the place and stead of coun n the person or persons so dismissed, and every such person I

15 so appointed shall have all the powers and auth~rities conferred by this Act on eltcted members of the counCil and shall be remunerated out o£ the funds of the municipality or otherwise as the Lieutenant Governor in Council may determine.

(2) Upon the appointment of any person or perso?s as aforesaid the person or persons, as the case may be, prevwusly elected as members of the council and in whose stead such appointment or appointments were made shall cease to hold office.

PART III. MUNICIPAL ELECTIONS. FIRSTI ELECTION FOR COUNCILLORS. h f, · · 1. d l d b h M' · omlnatlon 81. In t e case o 1every mumc1pa Ity ec are y t e mister eetlng to be organized as of the second Monday of December, 1912,! ;cn~~t the municipal committee shall by resolution at least two weeks prior to the last Monday of November- (

a) Name a p~ace for holding the nomination meeting; (

b) Appoint a 1 returning officer who shall be a rcsiden t elector of the municipality: . I (c) . Divide the municipality into polling divisions and assign a namber to each division and name a polling place thcrdfor which shall not be a licensed hotel; (

d) Appoint a !deputy returning officer for each polling place. 1 82. In case a member or members of the municipal com- ~~nni'~ tnittee dies or leaves the municipality before the passing of c mmtttee the resolution provtded for in the last preceding

section or refuses or is unable 1to act the remaining member or members· may appoint another resident elector or electors in the place of the member or m~~bers so dying or leaving the municipality or refusing or being 'b.nable to act; and such remaining member or members together with thos~ s~ appointed shall thereafter be the municipal cqmmittee. . 83.

Whenever it arrears to him to be necessary or expedient ~n;s~~~otnt the Minister may chsmiss the whole municipal committee or~ ~~~~e~~ any member thereof! and may appoint some person or persons c mmtttee to act in their placc1 and stead, and such person or persons so appointed shall have all the powers and authority conferred by this Act upon members of the municipal committee. I 84.

Until such time as a secretary is appointed the returning'' turning officer at the first election for a reeve and councillors in a ~o ~~r municipality shall have and exercise all the powers and duties se .retary of such secretary as hrescribed by sections 149 to 155 inclusive hereof. f ·, THE ll\ICNICIPAL VOTERS' LIST. 85.

The council o£1, every .municipality shall as soon as may v ters' list be in each year in which an election is to be held divide the municipality into P?lling divisions and fix the boundariPs thereof, an!l the tre"surer of every municipality shall on or before the first day of November in each year in which an

16 election is to be h~ld prepare a list of all persons whose names appear on the last revised assessment roll of the municipalit~ and such list shall be in the form following and shall be arranged according to the divisions aforesaid and shall be known as the "Municipal Vpters' List": Voters' List of the Rur?'l Municipality of. ................ . No .......... 1., for the year 19 ..... .

Description of Propdrty No. on N~re List Voter o . . • a.i ...: P!~ jj ~ ~ ~ Owner or Occupant Taxes Reoident No. oC As' sed unpaid to or Non- Acres Value Dec. 31st Resident A•' sed of Land last precedinl! ------------1----1--- ___ , __ _ 86. In preparing 1 the said list the treasurer shall enter m articula.rs the appropriate column of the form prescribed the following particulars which shall be taken from the last revised assess- ment roll of the n~unicipality: 1.

The names of ~II persons assessed arranged alphabetically according to their surnames; ~- .A brief description of the land or other property for which each such person is 1 assessed; 3. The word "owher" or "occupant," as the case may be; 4. The word "resident" or" nonresident," as the case may be; 5. The number of acres for which each such person is assessed; 6. The assessed vaJuc of the land for which each such person ·assessed ; 1 7. The amount of taxes due by such person to the muni cipality up to the *st day of December last preceding.

17 87. When the sa"d list has been prepared as provided in the next preceding wo sections the treasurer shall immediately after the last name on the list for each polling division write the words "certifie correct" followed by his signature and the date on which such certificate is made which date shall not be later than t e first day of November as aforesaid. reasurer'1 ertlficate 88.

The treasure s~all . then forthwith make ~ t~ue and o ons~ 0 1~Y correct copy of the said' hst and post the same m his office t easurer's and such copy or th original thereof shall be open to inspection ° ce by any person at al reasonable hours. 89.

Whenever thr ugh inadvertence or otherwise any mistake, error,. wrongful ent y or omission whatsoever has been made in the said or· ginal list or copy it shall be the duty of the treasurer upon bei g notified in writing by any person of such mistake, error wrongful entry or omission to revise the said list accordingly but no such revision shall be made except for the purpose of orrecting the spelling of names unless the said notification is received by the treasurer at least seven elear days prior to the date fixed for the annual election in the municipality a d unless the last revised assessment roll of the municipality when compared with the said list shows the latter to be ina curate or incomplete in the manner com- plained of in the s id notification.

(2) It shall be t e duty of the treasurer to revise the said original list and co y thereof from time to time by adding the word "paid" in the proper column after the name of every person who pays all taxes due by him to the municipality up to the thirty-first d y of December last preceding, at any time prior to seven clea days before the date preceding the date fixed for the annual election in the municipality.

(3) Every revisio of the said original list and the said copy by way of al eration, correction. or addition shall have placed opposite it he date of such revision and the initials of the treasurer. evlslon list 90. Any treasure who refuses or neglects to prepare the Pt'lnalty for "d 1" h .

"d d h 1 f "ls tfeasurer sa1 ISt as erem rov1 e or w o neg ects or ai to enter on the said list the name of any person whose name appears on the last revised ssessment roll of the municip~lity or who neglects or fails to nter in the said list any other particular as provided herein r who enters in the -said list the name of any person that doe not appear in the said roll or who refuses, fails or neglects to r ise the said list in any particular as herein provided shall for e h such refusal, neglect or failure be guilty of an offence and li ble on

summary conviction to a fine not exceeding $50.

(2) The provision of this

section shall apply to the prepara tion of any copy of the said list which by the provisions of this Act the treasur r is required to prepare.

18 ~I-ANNUAL ELECTION. 91. There shall be ~eld every two years in every municipality EI ctlon an election for coun¢illors which election shall be conducted e: ry two at the time and in the manner hereinafter provided. Y · • I QUALitiCATION OF COUNCILLORS. 92. The persons eligible for election as councillors shall lu llftcatlon . . h . .

I' h of eeveand be the male resident electors of t e mumc1pa 1ty w o are co nclllors of the full age of I twenty-one years, who can read and write and are Briti~h subjects or have not resided long enough in Canada to comply with the conditions of qualification of residence to be nat}ualize9., but who have made a statutory declaration of their intention to become naturalized as British subjects: · Provided that if any person making such declaration neglects or refuses to become 1 naturalized as a British subject within one month after expir11tion of the time of residence in Canada required as a qualification for naturalization, his seat in the council shall forthwitH become vacant.

The said declaratim:l shall be in the following form: I I CANDIDATE'S! DECLARATION OF INTENTION. I . Canada: 1 1 1 ) Provmce of Alberta 1 I, .............. , of .............. , To wit: 1 in the Province of Alberta (occupation) do hereby solemnly d~clare: 1. That I am not a 1 1 British subject; 2. That I have not Iiesided in Canada for a sufficient period of time to comply witH. the conditions of qualification of resi dence to be naturalized and that it is my intention to become n~turalized as a Britisr subject as soon as the conditions of qualification by residenpe permit me to do so; 3.

That I am in all other respects than naturalization eligible and qualified for election as councillor of a rural municipality. And I make this soleljlln declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at. 11 ...... -~ in the Province of 1Alberta this. . . . . . . . . . . . . . . L day of ................. A.D.l9 ... A J.P,., N.P., or Comr., etc. I I 93.

No secretary,· treljLsurer, assessor, auditor, constable ormsqu.\1111- other paid official of thel municipality, no inspector of licenses, catlonl no person having by himself or his partner any interest in any contract with or OlJ behalf of the municipality or being indebted to the municinality, no surety for an officer or an employee of the municir>ality and no person who has been convicted of treason or felony shall be qualified to be a member of the councit

19 94. No person s all be disqualified from being elected a §hare holder member of the cou cil by reason of his being a shareholder 4f;d dtsqual in · any incorporate company having dealings or contracts with the municiparty or by reason of .his having a contract for the publication of any advertisement in a public news- paper. MEETING FOR NOMINATION <?F COUNCIL. 95. The council s all in all elections subsequent to the first r rro"e\~t~'on election for councill rs by resolution at least two weeks prior t.J the last Monda in November in each year in which an election is to be he d- (

a) Name a pace for holding the nomination meeting; (

b) Appoint a returning officer who shall be a resident elector of he municipality; (

c) Name a poling place for each of the polling divisions of the mu icipality established under the provisions of

section 85 hereof; (

d) Appoint a deputy returning officer for each polling place; (

e) The ·counci may also, if it deems advisable, authorize the return'ng officer or the deputy returning officer for any or all of such polling places to appoint a poll clerk to a sist him in the discharge of his duties. 96. The place na ed for holding every nomination meeting shall be within th municipality or within a city, town or village the area of which is within or touches at some point the limits of the m nicipality. 97.

The place na ed as a polling place for any polling division shall be within sue polling division or within a city, town or village' the area of which is within or touches at some point the limits of the d vision and shall not be a licensed hotel. 98. Every meeti g called for the nomination of members of a council shall be held from two o'clock to four o'clock in the nfternoon of the fi st Monday of December in each year in which an election i to be held. ELEC ION OFFICIALS' DECLARATION. 99.

Every return"ng officer shall before entering upon the duties of his office take and subscribe before a justice of the peace or other pe son authorized to administer oaths, the oath in the form f llowing and every deputy returning officer·, poll clerk, constab e or other officer appointed to act at an t~lection shall bef re entering upon their respective duties take and subscribe before the returning officer or any person authorized to adm nister oaths within the province the said oath. FoRM oF OATH. . Canada ) JProvmce of Albert J l, ..... · ........................... .

To wit: of .................. in the Province of Alberta, do swe r that I will not at any time disclose to anyone the name of any person who has voted at the election to be held in the unicipality of .................... on the lace of omlnatlon our of eetlng fficlals' eclaratlon

20 I ............ day of. ............... , A.D. 19 .... ; and that I will not unlawfully attempt to ascertain the candidate or candidates for whom 1an elector has voted and will not in any way aid in the unlaf-Vful discovery of the same; and that I will keep secret all knowledge which may come to me of the person for whom an, elector has voted. So help me God. Sworn before me at ........ 'l in the Province of I Alberta this ........ day of ·I •••••• , ,. 19 ... .. A J.P., N.P. or Comr., etc. 100.

It shall be the duty of the returning officer at least Po~tlng seven clear days priqr to the date fixed for the nomination notjces meeting to post up a notice of such meeting which shall be in the form following lor to the like effect: I NoTICE FoR1 NoMINATION FOR ELECTIONS. Rural Municipality of. ........................ No ..... . Municipal elections Hi. . . . . Public notice is hereby given that a meeting of the resident electors of the rural municipality of. .............

No ..... . will be held at (description of place) on (day of week) the. . . . . day of. ............. ; ... , 19 ...... , from two o'clock to four o'clock in the afternoon for the purpose of nominating candi dates for the office of councillors for the municipality. Given under my hand at ............................. . this ................ dry of. ............. A.D. 19 ..... . Returning Officer. I

(2) Every such notice shall be posted in at least two widely separated conspicuous 1 places in each polling division of the municipality and also in all post offices, if any, within the municipality. PROCEEDINGf' AT NOMINATION MEETING. I 101.

At the time and 1place named in the notice the returning Noml~atlon officer shall declare the meeting open for the purpose of receiving nominations of persons '1to serve as councillors for the munici- pality, and the meetin~ shall remain open until four o'clock in the afternoon, when if no more than the required number of persons are nominated for councillors the returning officer shall declare the persm1s so nominated duly elected as coun- cillors. 102. Every nomination for councillor shall be in writing in the form following and shall be signed by at least five resident electors of the municip!llity.

21 1 NoMINATION PAPER. · .l d 'd I f th ai • • N mlna.Uon We, the unders1g1~e res1 ent e ectors o e rur mumc1-1n writing pality 'of. ......... 1 •.•.... hereby nominate (name,~ residence and occupation of the person nominated) as a candidate at the election now about to be held of councillors for the said muni- cipality. · Witness our handsl this ................ day of. ........... , A.D. 19 ...... • •••• 0 •• ••• ••••••••• 0 ••••••••• 0. 0 (Signature of resident electors.) . ' 103. Every such nbmination to be valid shall also be accom- ~ ~\T;igmty panied by a written ~tatement signed by the person nominated a d con~ent to the effect that he is eligible for election as provided by

section 92 hereof, and that he will accept office if elected and such state- ment shall be in thf following form: CAfDIDATE's AccEPTANCE .. , I, 'the said ....... I. . . . .. nominated in the foregoing nomi- nation, hereby state 1 that I am eligible for election and that I will accept the office if elected. Si:~:;;:~:h~::;~. ~r} ......... (N~~ oiC~~~i ... . 104.

In the even~ of more than the required number of fl ceot~~n persons being nomi~ated the returning officer shall declare a e that a poll will be held and shall name the time (which shall be on the same day of the week as the nomination but in the next week following) and the places where the votes are to be polled and also the time and place at which the result of the polling will be declared. I 105.

Any candid~tl nominated may withdraw at any ti~e ..v thdrawal within forty-eight h~urs after the· close of the nomination meeting by filing wi~h the returning officer a declaration in writing to that effect signed in the presence of two witnesses or the returning offic~r. 106. If by reason I of any isuch withdrawal or withdrawals ~o ice Wit there are not more than the required number of candidates be ~~;on for councillors remaihing in nomination the polling shall not take place and the !returning officer shall forthwith declare the persons nominat~d to be elected and shall post up in the manner provided by

section 100 hereof, a notice in the following form: 1 I NoTICE. Rural Municipality! of. ................... No ......... . Municipal Election, 19 ..... . I

Whereas ......... T ................... , nominated for the office of councillor, have withdrawn their candidatures for the ~~{~ ~~~~id~:e~i~t~~jr'o·r; ·i ·h~;eb~ ·gi~~· ~~tic·e· th~t· ~~· ~,~tf~: will take place on tle .............. dayof ............... . (date of polling). '

22 TI E AND NOTICE OF POLL. 107. Whenever a poll is required to be taken for the electwn of councillors it sha l be held on the same day of the week as the nomination for the said election but in the next week following and ever such poll shall be open from the hour of nine o'clock in t e forenoon to five o'clock in the afternoon in each polling div'sion of the municipality. 108. Notice of e ery such poll required to be taken shall within seventy-two hours after the nomination be posted up by the returning 0 cer in the manner provided by

section 100 hereof and every s ch notice shall be in the form following: Rural Municipali y of. ..................... No ....... . Municipal Electi ns, 19 ..... .

Public Notice is ereby given that an election will be held for councillors for he municipality of ..................... . for the years 19. . . . . . and 19 ...... , and the polling will take place on (day f week), the ............ day of. ......... , 19 ...... , from ni e o'clock in the forenoon to five o'clock in the afternoon a (specify polling places) and that I will at (describe the place) n (day of week) the ................... . day of. . . . . . . . . . . . . , 19 ...... , at twelve o'clock noon sum up the votes and eclare the result of the elections.

Given under my hand at .............. this ............. . clay of. ................... , 19 ..... . Returning Officer. REPARATIONS FOR POLL. our of oil otlce of on 109. If so autho ized by the council the returning officer on clerk and each deputy cturning officer may appoint a poll clerk who in the absence of the returning officer ·or deputy returning officer for any cause shall have all the powers of the said return- ign officer or depu , as the case may be. 110.

The returni g officer shall procure for each polling divi- allot box sion of the municip lity a suitable ballot box to be made of some dry durable materi I and each box shall be provided with a lock and key and s all be so constructed that the ballot papers can be deposited t erein and cannot be withdrawn therefrom unless the box is nlockcd. 111. The returni g officer shall also cause to be printed allot or otherwise prepa ed a supply of ballot papers sufficient for .apers the purposes of th election. 112. The ballot papers may be either printed or written or partly printed a d partly written. rlnted or rltten

23 113. The ballot paper for the election of councillors shall Form tor . h f h d"d d l • t d d counc!Hor contam t e names o t e can 1 ates u y nomma e arrange alphabetically in the order -of their surnames and shall be in the following form: COUNCILLORS. Andrews, Harry Black, William Davies, Edward Foster, Henry Lee, Martin Murray, Alfred Smith, Frank 114. The secretary shall at least twenty days prior to every election furnish the returning officer with at least two copies of

section 166 hereof for every polling division of the muni cipality, and it shall be the duty of the deputy returning officer for each division to post the same in conspicuous places at his polling booth and see that they are kept so posted up during the hours of polling. · 115.

At least twenty-four hours before the opening of the '3upplles tor poll the returning officer shall deliver or cause to be delivered ~~f~r\;tng to ewry deputy returning officer the ballot papers which have officers been prepared for use in the polling division for which such deputy returning ·officer shall have been appointed to act and ~uch other materials as are necessary to enable the electors to mark their ballot papers. · 116.

The returning officer shall before the opening of the tllirectlons 11 t b d h b f . d d" . or voters po cause o e prepare sue num er o prmte trectwns for the guidance of voters in voting as he may deem sufficient, and such directions shall be printed in conspicuous characters and may be according to the following form: DmgcTIONs FOR THE GuiDANCE oF VoTERS IN ,VoTING. The voter shall go into the compartment and with a pencil provided in the compartment place a cross (thus

X) on the right hand side opposite the name of the candidate for whom he votes or at any other place within the division which contains the name of such. candidate. The voter shall fold up his ballot paper so as to show the initials of the deputy returning officer on the back and imme-

23 113. The ballot paper for the election of councillors shall Form 1tor · f h d"d d l · t d d counc nor contam the names o t e can 1 ates u y nomma e arrange alphabetically in the order -of their surnames and shall be in the following form: COUNCILLORS. Andrews, Harry Black, William Davies, Edward Foster, Henry Lee, Martin Murray, Alfred ., Smith, Frank 114. The secretary shall at least twenty days prior to every· election furnish the returning officer with at least two copies of

section 166 hereof for every polling division of the muni cipality, and it shall be the duty of the deputy returning officer for each division to post the same in conspicuous places at his polling booth and see that they are kept so posted up during the hours of polling. · 115.

At least twenty-four hours before the opening of the Jupplles tor poll the returning officer shaH deliver or cause to be delivered r~f~/~tng to every deputy returning officer the ballot papers which have officers been prepared for use in the polling division for which such deputy returning ·officer shall have been appointed to act and ~uch other materials as are necessary to enable the electors to mark their ballot papers. · 116.

The retu'rning officer shall before the opening of the flllrect!tons 11 b d h b f . d d" . or vo ers po cause to e prepare sue num er o prmte 1rectwns for the guidance of voters in voting as he may deem sufficient, and such directions shall be printed in conspicuous characters and may be according to the following form: DIRECTIONs FOR THE GuiDANCE oF VoTERs IN ,VoTING. The voter shall go into the compartment and with a pencil provided in the compartment place a cross (thus

X) on the right hand side opposite the name of the candidate for whom he votes or at any other place within the division which contains the name of such. candidate. · The voter shall fold up his ballot paper so as to show the initials of the deputy returning officer on the back and imme-

25 PoLL BooK. For Polling Divilsion No ........... of the_ Rural Municipality of .............. T .. .'.No ......... . Record of Electi~n held this ............ day of. .......... , 19 ...... , for the election of (state purpose of election). Name of Voter I His Jo. on I Voters' List I Votel Sworn or Refused to Swear Remarks 122.

Any personl producing to the deputy returning officer gents• a written authorit)1 from a candidate to represent him as his agent at the polling place shall be recognized as such by the deputy returning officer but not more than two agents of any candidate shall be I entitled to be present at the same time in any polling plaea during the voting or counting of votes. I 123.

The person~ entitled to be present at any one time I arsons in any polling. boo~h during the hours of polling shall be the resent In returning officer, the deputy returning officer, the poll clerk ~~~:~g and any of the caQ,didates and not more than two agents of any such candidat~ and one voter. 124.

At the time !fixed for the opening of the poll the deputy roce!"dings returning officer sHall declare the poll open and announce f i o·pen!ng that he is prepared! to receive votes for the candidates nomi- c poll nated; and shall i:tpmediately after the opening of the poll show the ballot box to such persons as are present in the polling booth so that they 1 may see that it is empty.

He shall then lock the box and p1ace his seal upon it in such manner as to prevent it being 01~encd without breaking the seal, and he shall then place the 1 box in his view for the receipt of ballot papers and shall keGp it so in his view and locked and sealed during hours of pol~ing. I 125. The persons ¢ntitled to vote for councillors shall be the P sons resident electors of ~he municipality, subject to the provisions e f1ued of

section 329 heredf in regard to persons jointly owning or tc vote occupying land. I I 126. At every gen~ral election each resident elector shall be ore vote entitled to vote onc13 only for not more than the number of rc r councillors to be eledted. c unci.Uor

(2) At any specidl election of a councillor each resident v te at elector whose namJ appears on the municipal owners' list ~f~~W~,1n shall be entitled to vote. I DECLARA~ION OF RESIDENT ELECTORS. 127. At every elec~ion held prior to the completion of the vc te prfor first municipal voters' list every pers~n who presen~s himself~~ ~~~!list for the purpose of vo~mg shall be reqmred before he IS handed a ballot paper or p~· pers to sign a declaration in the form following and the de. uty returning officer shall permit every person who signs the said declaration to vote and tJhall record in the poll book the name of each person who signs such declara- tion.

26 Taken this .............. day of ................ , 1!) .... . The undersigried severally declare each for himself: 1. That he is ~f the full age of eighteen years; 2. That he it' actually residing in the rural municipal ty of. ..................... No .......... and that he has so resided therein or the two months immediately prior to tlis election; 3. That during the whole of the said two months he l as been the owneqor occupant of assessable land in this poll"rg division, being <tivision No ........ of the said municipality a description of which lands is set opposite his name. Name Land Voted on

(2) At such ekction each person signing the said declarat on shall be entitled Ito vote once only for not more than the nunDer of councillors to be elected.

(3) Any voter who is unable to write may sign the decl2 ra tion by making lhis mark thereon in the presence of the dep ~ty returning officet who shall initial the same.

(4) Any person subscribing to the declaration as afore*id and who thereby makes any false statement shall, unless he can prove he di~ not know such statement to be false, be gu lty of an offence a d liable on

summary conviction to a pen2lty not exceeding 20. 128. At every election held subsequently to the comple on ~~~:~ust of the first mupicipal voters' list the deputy returning off cer be on voters' shall satisfy h~self that the name of every person who presents llst himself for the jmrpose of voting or a name apparently inten ed for such person is on the municipal voters' list supplied to him by the re~urning officer and that all taxes due by s ch person to the m nicipality up to the thirty-first day of Decem bcr last preceding ave been paid, and the deputy returning off ccr or poll clerk shall record in the poll book the name of e :~.ch such person.

(2) The dcpttty returning officer shall not permit to vote Voters any person whfse name does not appear on the said list P,or ;::~s;axes any person whose name does appe~,tr on the said list un ess all taxes due by such person to the municipality up to r~he thirty-first day, of December last preceding are shown by the said list to hajve been paid or unless such person prodt cos to the deputy returning officer an official receipt from the treasurer of the municipality to the effect that all taxes ~ue by such person to the municipality up to the 'thirty-first lay of December last preceding have been paid. 129.

Before a ballot paper is handed by the deputy returr ing ~~t~~r~~g officer to any person presenting himself to vote, any candic ate ~:~:r ot or his agent sh['ll have the right to object to such person vo mg and if there be any such objection it shall be the duty of the deputy returni g officer to administer to such person the following oath:

27 You swear (orl solemnly affirm) that you are the perso 1 named (or intend~d to be named) by the name of ........... . . . . . . . . . ..... in the municipal voters' list now shown you (showing the list to the voter); that you are of the full a of eighteen years1; that you are actually residing within ~h municipality; that you have not voted before in any polhn division of the nlmnicipality at this election; that you ha not directly or iildirectly received any reward or gift nor d you' expect to re~eive any for the vote which you tender this election; tha~ you have not received anything nor h· anything been promised you either directly or inclirectl either to induce ypu to vote at this election or for loss of tim , travelling expenses, hire of teams or any other service connecte ·with this election; that you have not directly or indirect! paid or promised ~nything to any person either to induce hir to vote or to refrain from voting at this election.

So hel you God. • I I 130. If the voter takes the said oath or affirmation the deput returning officer ot poll clerk shall enter opposite such person' name in the proper1 column of the poll book the word "sworn" o "affirmed'' accord~ng to the fact. Entry ot oath on poll book 131.

Whenever a voter is required to take the sai<;l oath o affirmation and he refuses to do so the deputy returning officer o poll clerk shall enter opposite the name of such person in th proper column of I the poll book the words "refused to swea or affirm" and subh person shall not be allowed to vote bu shall be required to immediately leave the polling booth am shall not be allowed to again enter the same on the day o election for any 11urpose whatever. 132.

When the I proper entries respecting a person wh presents himself tb vote have been made in the poll book i the manner herei~efore provided the deputy returning office shall place his init~als on the back of the ballot paper to whic su,ch person is entitled and hand the same to him. I Refusal ot voter to be sworn 133. The deput:y returning officer may .and upon request Explanation shall either person~lly or through his poll clerk explain to the g~ ~~~~~ voter as concisely I as possible the proper method of voting. 134.

If a person claiming to be entitled to vote is incapacitated Incapacity by blindness or otlher physical cause from marking his ballot of voter paper or if he ma~es a declaration that he is unable to read the deputy returning officer shall in plain view of the agents of the candidates cause the vote of such person to be marked on a ballot paperl for the candidate or candidates directed by such person and shall cause the ballot paper to be deposited in the ballot box.

(2) The declaration aforesaid may be in the following form: I I, A:B., of ..... 1 ...... , being named .................... . on the voters' list 1for the municipality of ................. . and being a duly qualified resident elector of the said muni cipality, hereby declare that I am unable to read. . 1 A.B. (His X mark). Dated this. . . . . . . . . . . . .day of..... . . . . . . . . ,.19 ..... .

(3) The deputy r~turning officer shall attest the said declara tion in the following form:

28 I, C.D., the undersigned, being the deputy returning officer for division No ..... f .. in the rural municipality of ......... . do hereby certify th4t the above declaration having first been read to the above named A.B. was signed by him in my presence with his mark. (Signed) C.D., Returning Officer. Dated this. . . . . . . . . . .. day of .............. , 19 ..... . 135. Every deputy returning officer who refuses or wilfully P nalty ro1 omits to sign his initials upon the back of any ballot paper? '!slon to ,as provided for by

section 132 hereof shall forfeit to any person hn 1\:l aggrieved by such refusal or omission the sum of $100 in respect P per of every ballot pape~ deposited in the ballot box at his polling place upon which the said returning officer has not signed his initials as aforesaid. 136. When the n*me of any r~sident elector appears on r ace of the municipal voters' list for more than one polling division of v tlng the municipality he ~hall vote in that polling division of the municipality in whiT he actually resides. 137. Any person who votes oftener than he is entitled to~ natty for do under the provisi~ns of this Act shall be liable on

summary 0 b e vote conviction to a pena~ty of $50. 138. The receipt by any voter of a ballot paper within the E ldence polling booth shall be prima facie evidence that he has there or voting and then voted. 139. Upon receiviqg the ballot paper prepared as aforesaidM thod of the voter shall forthlwith proceed into the compartment pro-vo lng vided for the purposd and shall then and there mark his ballot paper in the manner mentioned in the directions contained in

section 116 hereof! by placing a cross (thus

X) on the right hand side opposite the name of any candidate for whom he tlesires to vote or at !any place within the division which con- tains the name of the candidate; he shall then fold the ballot paper so as to conc,al the names of the candidates and the mark upon the face of the paper and so as to expose the initials of the deputy returning officer and immediately after leaving the compartment shall without showing the front to anyone or so displa)jing the ballot paper as to make known to any person the na~ne of the candidates for whom he has or has not marked his ballot paper, deliver the ballot paper so folded to the deputy returning officer who shall without un- folding the same or 'in any way disclosing the names of the candidates or the marks made by the voter upon the ballot paper verify his own initials and at once deposit the paper in the ballot box in the presence of all persons entitled to be present and then being present in the polling place, and the voter forthwith shall'leave the polling place.

(2) Immediately a(ter the ballot paper of a voter has been deposited in the ballbt box as provided by subsection (1) of this

section the deprtv returning officer or poll clerk shall enter in the poll book in the proper column after the Yoter's name the word "vot~cl." ll.40. While a voter is in a voting compartment for the purpose ·p recy of of marking his ballot paper no person shall be allowed to vo e enter the compartmept or to be in any position from which he can observe the niode in which the voter marks his ballot paper.

29 141.

No person! who has received a ballot paper from th deputy returning 1officer shall take the same out of the pollin place; and any person having so received a ballot paper wh leaves the polling !place without first delivering the same to th said officer in th~ manner prescribed shall thereby forfeit hi right to vote; an7 the said officer shall make an entry in th poll book in the column for remarks to the effect that sue person received al ballot paper but took the same out of th . polling place or ~eturned the same declining to vote, as th case may be; and il} the latter case the said officer shall immc diately write the Mrord "refused" upon such ballot paper an shall preserve the! same.

J<~orfei ture of right to vote 142. A person I claiming to be entitled to vote who ha inadvertently dealt with his ballQt paper in such a manne , that it cannot bq . conveniently used as a ballot Fa per rna on delivering same to the deputy returning officer receiv another ballot paphr in the place of the ballot paper so delivere up; and the saiq officer shall immediately write the wor "cancelled" upon the ballot paper so delivered to him; am he shall preserve 1 the same. Voter may obtain second ballot I PR9CEEDINGS AT CLOSE OF POLL. 14:3.

Promptly alt the hour of five o'clock the deputy returnin officer shall declare the poll closed: , Provided that if when the poll is so closed there is a vote in the polling booth who desires to vote he sha.ll be pcrmitte to do so but no ot~er voter shall be allowed to enter the pollin booth for this purpose. ~ I ner 144. Immediately after the close of the poll the deput Opening ballot box returning officer sl).all in the presence of the poll clerk, if any and of such of the candidates or of their agents as may the be present open the ballot box and proceed as follows: 1.

He shall exarpine the ballot papers inclividually and an ~~fe~ttng ballot paper which is not initialled as herein pro~ided or on which more than · bne vote is given or on which anything iH written or markecli by which the voter can be identified or which has been torn, de~aced or otherwise dealt with by the vote! so that he can thereby be identified shall not be counted but shall be set aside as rejected; 2.

The deputy returning officer shall take notice of anv 'lhiePtlons b. · d b d"d h' l · to be noted o .Jectwn rna e y a can 1 ate or IS agent or any e ector authorized to be present to any ballot paper found in the ballot box and shall decide any question arising out of the objection; 3.

The deputy I"f)turning officer .shall then count the votes 'ount given for each candidate upon the ballot papers not rejected as aforesaid and shall enter in the poll book a statement in words as well as in figures of the number of votes given for each candidate an? of the number of ballot papers rejected and not counted by him which statement shall be made under the following head$: (

a) The numb~r of the polling division and the name and number of the municipality and date of election; (

b) The numbdr of persons who voted at the polling booth; (

c) The numbdr of votes for·each candidate for councillor; (

d) The number of ballot papers suppli('d to the deputy returning pfficer; (

e) The numb~r of rejected ballot papers; (/) The number of cancelled ballot papers and ballot papers marked "kfused" · '

30 4 Upon completion of the statement the deputy returning Signed · . statement officer shall makeJ separate from the poll book, a duplicate thereof and such ~tatement and duplicate shall be signed by the deputy return~ng officer, the poll clerk, if .any, and. such of the candidates of their agents as are present and desire to :sign the same; 5.

Every deputy returning officer upon being requested so ~;rct~~~te to do shall deliver to each of the persons authorized to attend at his polling placq a certificate of the number of votes given at that polling place for each candidate and of the number of rejected ballot papers; G. The deputy rkturning officer shall then in the presence ea~nf r of the candidates or their agents or such of them as may be ~~~o~ s 0 present make up i!nto separate packets which shall be sealed papers and marked upon the outside with a short statement of .their contents- , (

a) The ballot papers counted for councillors; (

b) The ballot 1 1 papers rejected for councillors; (

c) The unused, cancelled and refused ballot papers; 7. Before leavin~ the polling booth .the deputy returning officer shall enter ·in the poll book the following statement which shall be signed by him in the presence of the poll clerk, if any, or some otlher witness: I, ............ , ....... , the deputy returning officer for Polling Division N oj .... of the Rural Municipality of ....

No .... do hereby declare that to the best of my knowledge and belief I have conducted ~he election held by me on this date in the manner provided by law and that the entries required by law to be made in the poll book have been correctly made. Dated this ............. day of. ............. , 19 .... . Witness: .......................... . . . . . . . . . . . . . . . . l . . . Deputy Returning Officer. 8.

The deputy returning officer shall then place in the ballot box all the said palckets, the poll book, the municipal voters' lists and all declal)ations, and said box shall be locked and sealed with his sea1 and with the seals. of such candidates or agents of candidates as desire to affix their seal. · tatement f deputy eturnlng fflcer eallng allot box 145.

The deputy teturning officer of each polling division shall ~llvefY to forthwith deliver tq the returning officer the sealed ballot box ~~~~ ng and the duplicate ~f the statement entered in the poll book and upon receipt of the same the returning officer shall give to such deputy a 1 receipt therefor. I 146.

At twelve o'clock noon on the day and at the place eturnlng previously appoint! by him for the purpose the returning ~';{ a~ 0 d officer shall in the resence of such of the candidates or their ~Wofl agents as may be p esent break the seal of and open the ballot box received from each deputy returning officer and take the same proceedings as are by

section 144 hereof required to be taken by a deputy returning officer and shall make and initial all necessary corrections in the statement entered in the poll book.

31 ('2) If the ballot uox used in any division has been lost Ba lot box , lf . . los or or destroyed the rcturnmg officer shall use the duphcate des royed statement delivered to him by the deputy returning officer for such polling division and allow the candidates named therein the number of votes resp ctively shown thereby as given for such candidates.

(3) When the ball t papers have all been examined and Dfe I1arat1tlon · ffi h ll f h · 1 d 0 ec on counted the returm g o cer s a ort w1tn sum up an announce the numbe of votes he has allowed for each candi dat.e, including any v tes he has allowed under subsection (2) of this

section and shall publicly declare to be elected the re quired number of can~idates for councillor, having the highest number of votes. I 147. If it appears upon the casting up of the votes as afore- Rffi urnlng said that two or mor candidates for any office have an equal ~as ?~!vote number of votes the returning officer shall at the time he declares the result o the poll give a casting vote so as to decide the election. · 148. Except in sue any election. case no returning officer shall vote at An no oth r l49.

Forthwith aft r the election the returning officer shall Tr us transmit to the secretary of the municipality the sealed ballot~~~ ':!~1~t boxes and duplicate! statements used in the election and~~ e:-:;r::~~Y thereafter the said se¢retary shall be responsible for their safe keeping and for theil" delivery when needed. 150.

The secretary I of the municipality shall unless other- De trucuon wise ordered by the judge of the District Court of the judicial of allots district within which the municipality is wholly or mainly situated retain for two months the said ballot boxes with their aforesaid cause the b llot boxes to be opened and the packets seals unbroken and {:hall then unless otherwise ordered as therein to be burned in the presence of two witnesses. 151.

No person sha1'1 be allowed to inspect any ballot papers 'n~ <'etlan in the custody of the s cretary of a municipality except under order of the judge of he District Court of the judicial district within which the m nicipality is wholly or mainly situated . to be granted by the aid judge upon satisfactory evidence on oath tht the inspection or production of the ballot papers is required for the pur ose of maintaining a prosecution for an offence in relatio thereto or for the purpose of taking proeeedings under T e Controverted Municipal Elections Act to eontest an electio or return; and any such order for the inspection or product on of ballot papers shall be obeyed by the said secretary. 1.52.

The order shal state the time and place for inspecting Ord r for such papers and shall name the persons to be present at such inspection and shall e made subject to such conditions as the judge of such Di trict Court thinks expedient. RECOUNT. 1•:;3.

If at any tim~ within five days from the time of the Rec unt returning officer's decl ration as aforesaid it is on the affidavit of a, credible person ade to appear to such returning officer that he or any deputy returning officer or other officer in counting the votes giv~1n at any election has improperly counted or rejected any ballot apers and that such action has materially affeeted the result of such election and the sum of $50 as security for the payii1ent of costs and expenses is deposited

32 with such returning officer; such returning officer shall forth with forward such i affidavit and deposit to the clerk of the District Court of tlle judicial district within which the muni ctpality is wholly or mainly situated who shall forthwith notify the judge of such 1court; the judge shall thereupon appoint a time to recount the votes. and cause notice in writing to be given to the candidate or candidates whose seat may be affected of the time and plape at which he will proceed to recount the same and to the s~cretary of the municipality whose duty it shall be to be present at the recount with the sealed ballot boxes and duplicate statements used at the election.

(2) The said deposit of $50 shall not be paid out by the clerk without the order of the said judge. 154. The judge, the clerk of the court, the secretary of the tter~nce municipality and ea¢h candidate notified to attend the recount 0 It~ ~apers of votes and his agent or solicitor and representatives of the press and no other! person except with the sanction of the judge shall be entitled to be present at the recount of votes. 15.5. At the time i and place appointed and in the presence r. ode of of those notified or entitled to attend as provided by the next c untlng preceding

section tqe judge shall proceed to recount all the ballot papers received by the deputy returning officers of the several polling divisi~ns of the municipality as having been given in the election com1~lained of and he shall proceed with such recount as follows: • i 1. The JUdge shall bn:;ak the seals on one of the ballot boxes containing the votes 1 to be counted and take from such ballot box the packets deposited therein; 2.

He shall then epmmine singly and in the presence of those entitled to be present all ballots counted or rejected by the returning officer and during the course of such examination the judge shall keep Ia tally or count of the votes cast for each candidate and he s9all reject as void and shall not count- (

a) Any ballot paper which is not initialled by the deputy returning officer as hereinbefore provided; (

b) Any ballot paper on which more votes are given than the voter is entitled to give; (

c) Any ballot J=1aper on which anything except the initials of the deputy returning office~ on the back is written or marked lby which the voter can be identified; (

d) Any b~lot lpaper which has been torn, defaced or otherwise dqalt with by the voter so that he can there by be identified; 3. In case the bal[ot box used in any polling division has been lost or destroyed! the judge shall use the duplicate statement for such division anq allow the candidates named therein the number of votes respectively shown thereby as given for such candida teiil; i 4. The judge shall I take notice of any objection made by a candidate or his agept to any ballot paper and shall decide any question arising .out of the objection and the decision of the judge shall be fihal; ~).

Upon the comp~etion of the examination and count of the ballot papers contained in the first ballot box opened the judge shall forthwit9 announce the result of the count and replace the ballot papers in the box which shall be locked and sealed by the secretary in the presence of the judge;

33 6. The judge sh~ll then proceed, if the recount applied for is of such a nature as to make it necessary, to examine and count in a similar manner the ballot papers contained in each of the other ballot 1 boxes in turn 7. When the ballot papers have all been so examined and counted the judge, shall forthwith sum up and announce the number of votes Which he has allowed for each candidate in cluding any votes allowed under clause 3 of this

section and he shall there and 1 then declare elected the candidate having the highest numbe!r of votes; 8.

In case any two or more candidates have been allowed by the judge the satpe number of votes, and if there are not suffi cient vacancies in the council to permit, of all such candidates being declared elec1ed, he shall write the names of such candi dates separately oh blank pieces of paper and after folding the same in such way that the names shall be concealed deposit them in a receptacle and direct the clerk of the court or some other person to witliHlraw one of the said papers, and the candi date whose name appears on the paper thus withdrawn shall by the judge be deplared e~ccted, and the judge _may cause as many names to be thus wtthdrawn as are reqmred to fill all the vacancies; 9.

The judge sh~ll then make and transmit forthwith to the secretary of the municipality a written statement of the result of the rccoun~ and every written statement shall show (

a) The names' of the candidates; (

b) The number of votes allowed for each candidate'; (

c) The number of ballot papers rejected; (

d) The names of the candidates declared elected. 156. Nothing in jthe next preceding

section contained shall prevent or affect any remedy which any person may have under the provisiorjs of any Act by proceedings in the nature of quo warranto or otherwise. 157. All costs, cparges and expenses of aHd incidental to an application for a recount and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportion as the judge may deter mine regard being had to costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applicant or the respondent.

(2) The costs sqall be on the District Court scale and may if the judge so orders be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client. I uo ~ rranto roceedlna-s osts cale of osts 158. The payment of any costs ordered by the judge to be r nforce paid may be enforcled by execution to be issued upon filing 1 :;Jn~~t the order of the judge and a certificate showing the amount f costs at which costs werei taxed and an affidavit of the nonpayment I • thereof. · 159.

If equal p9rtions of· the municipality are situatt>d 1 quai within two or more • judicial districts, the judge of the District ~rtton~ Court of any such judicial district shall have jurisdiction alt~~n,~I undcr the provif'ion~ of sections 150 to 158 hereof, inclusive. t u~,7~~ra~ore lstrlcts GENERAL PROVISIONS. 160. No person Jho has voted at an election shall in any-; crecy legal proceedings to, question the election or returns or other- 0 votes wise relating theretb be required to state for whom he has voted. . I ; . . andldate 161.

A candidate may himself undertake the duties whiCh a tlng on any agent of his might have undertaken or he may assist his~ 'h~1'7n

34 agent in the performlwce of such duties and may be present at any place at which his agent is by this Act authorized to attend; provided however that no candidate shall be present at the marking of the ballot of any voter under the provisions of

section 134 hereof.1 I 162. When in this 1 Act expressions are used requiring or r;a dldates authorizing any act or thing to be done or implying that any 3.n agents act or thing be done in the presence of such agents as are authorized to attend and as have in fact attended at the time and place where such1 act or thing is done the nonattendance of any agent at such 1time and place shall not invalidate it. 1H3.

No election sHall be declared invalid by reason of a mrr rs not noncompliance with tlje provisions of this Act as to the holding ~!e 1\.'sng of the polls or the copnting of the votes or by reason of any mistake in the use of any of the forms contained in this Act or by reason of any other irregularity if it appears to the tribunal having cognizance of the question that the election was con- ducted in accordance 1 with the principles laid down in this Act and that such noncompliance, mistake or irregularity did not affect the result of the election. 164.

All reasonable 1 and necessary expenses incurred for an Pay ent ot: election under this Act shall be paid out of the funds of the ~~e; ;~~s municipality upon thd production of proper accounts verified in such manner as the council may direct. I 165. All proceedings for contesting in any way an election con ro- or the voting on any by-law under this Act shall be taken under ~g~ ~!pal the provisions of The I Controverted Municipal Elections Act. _!l~~ tlons I OFFENCES AND PENALTIES. I 166. No person shall- (

a) Without due 1authority supply any ballot paper to offe and any person; qr pen (

b) Fraudulently put into a ballot box any paper other than the ballot paper which he is authorized by law to put in; or 1 (

c) Fraudulently take out of the polling place any ballot paper; or (

d) Without due 1 authority, destroy, open or otherwise interfere with any ballot box or packet of ballot papers then in use for the purpose of election; or (

e) Apply for a ballot paper in the name of some other person wheth£1r that name is that of a person living or dead or of1 a fictitious person or advise or abet, counsel or procure any other person to so do; but this provision ! shall not be construed as including a person who applies for a ballot paper believing he is the person 1 intended by the name entered on the voters' list in respect of which he so applies; or (

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

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

(3) A person who viol~tes any of the provisions' of this

section shall be liable on

summary conviction before a police magistrate or two justices of the peace if he is the returning officer or deputy returning officer to imprisonment for any term not ces ties

35 exceeding two years with or without hard labour and if he is any other person ·to imprisonment not exceeding six mon hs with or without hard labour, or to a fine not exceeding $ 00 or to both. 167. Every r~turning officer, deputy returning officer or Penalties poll clerk who is guilty of any wilful misfeasance or any wil ul act or omission in contravention of sections 99 to 168 n- clusive hereof sh~ll in addition to any other penalty or liabirty to which he may be subject forfeit to any person aggriev d by such misfeas~~tnce, act or omission a penal sum of $200. :J-68.

Every ofl}cer, clerk and agent in attendance at a polli g Duties of place shall maintain and aid in maintaining the secrecy f ~rii~~~~sn the voting at thf polling place.

(2) No officer, clerk, agent or other person shall interf re with or attempt 1 to interfere with a voter when marking is ballot paper or shall otherwise attempt to obtain at the polli g place information as to the candidate or candidates for wh m any voter at sucH polling place is about to vote or has voted.

(3) No officer, plerk, agent or other person shall communic e at any time to any person any information obtained at a polli g place as to the yandidate or candidates for whom any vot .r at such polling rHace is about to vote or has voted.

(4) Every offi~er, clerk and agent in attendance at t e counting of votes shall maintain and aid in maintaining t e secrecy of the voting and shall not communicate or attem t to communicate lany information obtained at such counti g as to the candidate or candidates for whom any vote is given.

(5) No person! shall directly or indirectly induce a vot r to display his ballot paper after he has marked the same o as to make kno"'n to any person the name of any candida e or candidates for whom he has or has not marked his ball t paper.

(6) Every per~on who violates any of the provisions this

section shall be liable on

summary conviction to impriso - ment for any tertn not exceeding six months with or witho t hard labour. 169. Every voter who displays his ballot paper after has marked the s~me so as to make known to any person th name of any candidate or candidates for whom he has or h not marked his bp,llot paper shall be guilty of an offence an liable on

summary conviction to a fine not exceeding twent - five dollars

PART IV. MUNICIPAL OFFICIALS. APPOINTMENT. 170. Every COUJ!l.Cil shall at its first meeting or so soon ther Penalty for rllsplaylng ballot after as practicable by by-law or resolution appoint the follow omctals ing officers: , 1. A secretary !nd a treasurer or a secretary-treasurer wh shall be entrusteci with all the powers and chargetl with a duties conferred oriimposecl upon the secretary and the treasure· under the provisions of this Act; 2. An assessor who may be the secretary, the treasurer o the secretary-treasurer.

(2) Every municipal official shall have his office within th limits of the municipality or in some city, town or village whicl is within or touc~s at some point the limit of such munici pality.

36 171. Every council may also appoint from time to time A p~tnr such other officers, servants or employees as it deems necessary'; ~er~ or expedient to appdint for the purpose of carrying into effect the provisions of this Act or any by-law of the municipality and may fix the remuneration of any such officers, servants or employees so appointed. 172. A councillor shall not be eligible to be appointed any municipal office .. 173.

The council shall not rU:ake any appointment to any~ ~~~~~t office or arrangement. for. the discharge ot the dutie~. thereof~~ ;e~Y by tender or by apphcatwn at the lowest remuneratiOn. 174. All officers appointed by the council shall hold office ~e c~re ot until removed by the council or as expressed in their appoint- ment; and in addition to the duties assigned to them by this Act or by any general law of the provirfbe shall perform such other duties as may be required of them by the council. SECURITY. 175.

In addition to defining the 9uties of any officer the ~e1 ¥.~1tf tor council may require qim to give such security as it may deem ~~ o~mance expedient for the faithful performance of his duties and during or utles the month of January in each year all such securities shall be produced to the reeve and shall be laid by him before the council for examinatiqn and approval. 176.

The treasurer of every municipality shall within one Sec rlty for h f t . h" d t" f . h h . . l" fR.I hful mont a ter en enng upon IS u res urms to t e mumcrpa rty 'lee unttng sPcurity in a penal Hum to be named by the council by a bond or poliey of guarantee of any corporation empowered to grant securities, bonds or policies for the integrity and faithful accounting of public officers or servants or persons occupying poi'iitions of trust; and such security shall be renewed at the brgioning of each year or changed at other times whenever renewal or change is required by the coun~il.

(2) The members of 1 any council failing to take such security or renew same shall be jointly and severally liable for any default of the treasurer to the extent of the sums for which such bond should have been taken: Pmvided that when the majority of the council refuse or neglect to take such Hecurity on the demand of any councillor such demand being duly recorded in the minutes such councillor shall be relieved from all personal liability in case of. the default of such officer.

(3) Such bond·shall be in a form approved by the Minister. 177. Every officer, servant or agent of the municipality rJab Ilty shall be personally liable for any damage arising from his acts or defs.ults or from his refusal or neglect to discharge any of the duties imposed upon him by law or by this Act or by the by-laws of the council in addition to any penalties otherwise imposed for the said acts or defaults.

37 SECRETARY. 178. It shall be the duty of the secretary of the muruc1 Duties ot . secretary pality- 1. To keep a full and correct record in the English languag of the proceedings 1 of every meeting of the council in the minut book provided fo~ that purpose and to see that the minut of each meeting are confirmed at the next regular meetin of the council aJild signed by the reeve or other presidin officer; 1 • 2.

To enter in the minutes of every meeting the names o the members of the council present at such meeting and i required by the c~uncil to record the name of every membe voting and whethdr aye or nay on any question coming befor the council; . 3. To conduct the correspondence of the council as directe by it; 4. To transcribe into a special book to be provided for th purpose a true aqd correct copy of every by-law passed b the council which copy may be either written or printed o partly written an~ partly printed and to prepare a proper index for such by-laws; 5.

To take charge of and keep on record all original by-law of the council or certified copies thereof, books, papers, accounts, assessment rolls, plans, maps, correspondence committed to his charge by the council during his term of office and delive the same to his s11ccessor or such other person as the council may direct on his ceasing to hold office; 6. To faithfully jprepare and duly transmit to the Minister such statements and reports and such other information in regard to the mur;ticipality as may from time to time be re quired by the Minister and in such form as he may direct; 7.

To call any special or other meeting of the council in the manner provided by this Act; 8. To produce t"or inspection the minute and other books and all papers and records of whatsoever kind in his possession when required so to do by an inspector; 9. To faithfully perform all other duties conferred upon him by this Act ahd generally to carry out such instructions as may be issued to him from time to time by the council. I 'fREASURER. 179. It shall be the duty of the treasurer of the municipality- )utles or 1.

To receive anti safely keep all moneys belonging to the reasurer municipality from whatever source received; 2. To deposit ddily or as often as the council may direct in some chartered bank designated by the council all money received by him; 3. To submit all. accounts and charges against the munici pality which he receives for the consideration of the council; 4. To pay all acfounts against the municipality only when they have been passed by the council and certified by the reeve or other prestding officer; 5.

To make all payments on behalf of the municipality by cheque on the ch!ljrtered bank in which the moneys of the municipality are deposited; and every such cheque in addition to being signed by the treasurer shall be countersigned by the reeve or in his absence by the deputy reeve; '

38 15. To give and take receipts for all the moneys of the muni cipality received and disbursed and to keep on file all vouchers of expenditure; 7. To keep in a c~sh book or such books of record and in such form as may from time to time be prescribed by'the Minister a complete and detailed record of all the financial transactions of the municipality; 8. To submit to the council quarterly and whenever other wise required so to do by the council a balance sheet showing the financial standing of the municipality; 9.

To produce when called for by the council, auditor, in spector or other competent authority all books, vouchers, papers and moneys ~elonging to the municipality and to hand over the same to his successor or such person as the council may direct on his ceasing to hold office; 10. To faithfully prepare and duly transmit to the Minister such reports and st~tements as may from time to time be required by the Minister and in such form as he may direct; 11.

To faithfully perform all other duties conferred upon him by this Act and generally to carry out such instructions as may be issued to lhim from time to time by the council. 180. The financial year of the municipality shall commence Ft anclai on the first day of January and close on the thirty-first day ye r of December in eac~ year. ! AUDITOR. 181.

The council shall at its first meeting in each year or A within two months ~hereafter appoint an auditor but no one who then or during the preceding year is or ,was a member of the council or is or was secretary or· treasurer or who has directly or indirectly or had during the preceding year any share or interest in any contract made by the municipality or who is employed by the municipality in any capacity except that of auditor shall be appointed; the council may appoint any incorporated company or partnership as auditor. dltor 182.

On or before the fifteenth day of November in each A dltor's year the auditor shall prepare in such form as the Minister re orts may direct an abstract of the receipts, expencHtures and liabilities of the municipality up to· the preceding thirty-first day of October including a statement showing the total amount of debentures authorized to be issued, the debentures actually issued, those actually sold or otherwise disposed of and those remaining on hand.

(2) The treasurer on or before the first day of December in each year shall m~il a copy of such abstract to the Minister and to every elector! of the municipality. 183. Any elector may inspect the said abstracts and reports rn pecuons or any of them and, may by himself or his agent and at his own expense take a !copy thereof or extract therefrom.

(2) On or before the first day of March in each year the A stract of d•t h 11 . h f h M" . d" re elpts, au 1 or s a prepare m sue orm as t e rmster may trect e pendl- an abstract of the receipts, expenditures, assets and liabilities t es. etc .. of the municipality for the financial year ending on the thirty-;~ :he first day of December of the preceding year including a state- ment showing the total amount of debentures authorized to be issued, the debentures actually issued, those actually sold,

39 or otherwise a:nd how disposed of and those remaining on hand; he shall make a swecial report respecting any expenditures made contrary to htw; he shall deliver the said abstract and n~port to the reeve who shall lay the same before the council at its next meeting;! and the council on or before the first day of April in each ye* shall· cause ~he ·said abstract and report to be published in some newspaper published· in the munici pality, or, if there be no newspaper published therein, in the news p:i!,per the place of ~ublication of which is nearest thereto and shall cause a copy of such abstract and report to be forwarded to the Minister. 1 184.

The declaration of office to be made and subscribed A dttor's b d . Ll 11 b · f 11 d claratlon y every au I tor SI~a e as o ows: o office I, A.B., having been appointed to the office of auditor for the Rural Municip*ity of .............. No ...... do hereby pmmise and declare that I will faithfully perform the duties of the said office aqcording to the best of my judgment and ability and I do sol~mnly declare that I have not directly or indirectly any shan:j or interest whatever in any contract or employment (except that of auditor) with, by or on behalf of the municipality, So help me God.

I Declared before me lat .......... ·) this ............ day of ......... , Hl. .... . • •••••• j •••••••••••••••••••••••••• A! Comr., I tc., N.P. or J.P.

PART V. MuNICIPAL BY-LAws AND GENERAL PowERS AND DuTIES oF CouNciLS. BY-LAWS. 185. Except as herein provided the council of every muni- R solutions cipality may exerci$e the duties and powers conferred on it 0 councll by this Act either by resolution or by by-law. 186.

Every by-laf shall be under the seal of the munici- B -law to be pality and shall be 1 signed by the reeve or person presiding u der seal at the meeting at ~hich the by-law is finally passed and by the secretary; and every such by-law shall have three distinct T ree and separate readings before the same shall be finally passed r adtngs but not more than two readings shall be had at any one meeting except by the unanimous vote of the members of the council present. I 187.

In case no a~plication to quash a by-law is made within v Udatton two months next after the final passing thereof the by-law 0 by-laws shall be valid and binding notwithstanding any want of sub- stance or form therein or in the proceedings prior thereto or in the time or man~er of passing thereof:

(2) Provided, however, that in case of a by-law requiring the assent of the electors where the by-law has not been submitted to or has not receiv~d the assent of the electors, an application to quash the by-law may be made at any time. 188. No by-law for raising money by way of debentures A sent of L 11 h ff 'l h h · d h e ectors and srta ave any e ect unt1 t e same as recmve t e assent. tntster 00 of two-thirds of the ~lectors of the municipality voting thereon b o~ey and the _approval of the Minister as hereinafter provided. - aw

40 189. When any council has authority to direct by by-law that any matter or thing shall be done by any person such council may also by the same or another by-law direct that in default of its bei~g done by the person such matter or thing shall be done at the expense of the person in default and the municipality may .uecover the expense thereof with costs by action in any court of competent jurisdiction or in like manner as municipal taxes. i 190.

A copy of ar:ly by-law written or printed without erasure or interlineation anq under the seal of the municipality certified to be a true copy by the secretary and a member of the council shall be authentic l),nd received as prima facie evidence of its passing and of the contents thereof without any further proof in any court unless 1 it is specially pleaded or alleged that the seal or the signature of the secretary or member of the council has been forged. 191.

The council of any municipality may pass such by-laws not inconsistent wi~h any law or regulations having the force of law in force in this province as it may deem expedient for all or any oft the following purposes:. 1. Providing for 1 the health of the municipality and the prevention of the spread of infectious and contagious diseases; 2. Regulating nuisance grounds within the municipality and making provision for the disposal of the refuse of hamlets by licensing scavengers or otherwise; 3.

Acquiring any, plot .of land within or without the muni cipality for cemetery purposes and improving, caring for and beautifytng such land, and preventing the burial of the dead within any hamlet; provided that whenever a municipality acquires by purcha~e, donation or otherwise any plot of land for cemetery purposes outside the limits of tbe municipality the provisions of The Cemetery Ordinance shall apply mutatis mutandis to the said municipality; ouncll may o omitted ork vidence f by-law 4.

Granting aid for the erection and maintenance of hospitals I osr>itals, within or wit11out the municipality or assisting any incorporated tc, boJy of nur;;es by f grant of money thereto; 5. Granting aid or relief to any needy person who is a resident 1 ~ .. to f h · · I' ' n .,_.y o t e mumc1pa 1ty 1· p Tson 6. Providing for planting and protecting trees on highways ees and public places; 1 7. Imposing penalties for light weight and short measure ment; 8. Preventing cruelty to animals; 9.

Restraining and regulating the running at large of dogs and imposing a tax on the owners, possessors or harbourers of dogs and killing dogs running at large; 10. Providing for the destruction of wolves within the muni- b oirt . un y cipality by the payrrtent of bounty for the destruction thereof; 11. Preventing prairie or running fir~s and making provisions~ alrle for the enforcement of The Prairie Fire Ordin'lnce; or any e Act passed in ame11dment or in substitution thereof. 12.

Licensing, reglfllating and governing hawkers or pedlars, awkers but a license shall hot be granted by a rural municipality unlesfl a d pedlars the applicant is a holder of a provincial license for hawkers or pedlars; 13. Compelling the removal of dirt, stones, filth, dust or movai of rubbish off the roaqs, lanes or other public place within the 1 ~};, ert;~ds municipality by the party depositing the same and the placing of the same w:here ,ordered by the council; ~

41 14. Regulating the storage of gunpowder and other combus-s orage ot t'bl 1 . d' t • ls • hi th • . 1' g npowder 1 e, exp os1ve or angerous rna ena w1t n e mumc1pa 1ty; 15. Preventing thb ploughing, encumbrance or obstructing ncumber. of roads and other plftces by vehicles o otherr articles or things; ~ ~e~~= 16.

Regulating the driving and riding of horses and cattle R gu!attnc on highways and public bridges and preventing racing, im- u e ot d d d . . 'd' h h' h db l<lgesand mo crate or angerqus nvmg or n mg on t e 1g ways an h ghways public bridges and making provision for the carrying out of any provincial law respecting the same; 17. Making provision for regulating the use of bridges and; ;~~~~n culverts by portable engines or traction engines; Ad to 18. Granting aid to agricultural societies; a. rlcultura.l 19 .. Taking the census of the municipality or any part~ ~=:~es thereof; E termlna.- 20.

Providing ways and means for the extermination of such u not animals as are foun~ to injure or impede agriculture; a. tmals 21. Preventing the posting or exhibiting of placards, play 1 ecent bills, posters, writings or pictures, which are indecent or may pi cards, tend to corrupt or drmoralize the public or individuals, or the et · writing of words whtch are indecent or may tend to corrupt or demoralize the public or individuals, or the making of pictures or drawings which are indecent or may tend to corrupt or demoralize the public or individuals, on walls or fences or elsewhere in streets or public places; 22.

Preventing vice, drunkenness, profane swearing, obscene, Vt e, bl h ~'1 · 1 · 1 d h · l dr nkennese asp emous or grbs::; y msu tmg anguage an ot er 1mmora - et . ity and indecency; I 23. Suppressing disorderly houses and houses of ill-fame; L wdness 24. Suppressing gambling houses, seizing and destroying faro- G mtng banks, rouge et noir;, roulette tables, and other devices for gambling found therein; 25. Restraining and punishing vagrants, mendicants and v grants persons found drunk, or disorderly in any street, highway or public place; ~~6.

Preventing indecent public exposure of the person and In ecent other indecent exhib~tions; el<. osu:re 27. Preventing or regulating the bathing or washing the B htng person in any public water in the municipality; 28.

Licensing, reg~lating and governing . all· persons who R gul£ lfng for gain or hire, directly or indirectly, keep or have in their~~ .I-roollli8 possession, on their premises or under their control any pool, billiard or bagatelle ~able, in a place of public entertainment whether such pool, billiard or bagatelle table be used or not, and regulating and governing all persons who use or frequent premises where any pool, -billiard or bagatelle table is so kept. • I

(2) Licensing, regulating and governing public bowling alleys and regulating and governing all persons who use or frequent same. INF1RACTION OF BY-LAWS. t92. The council of every municipality may pass by-laws Po er to for inflicting reasonaple fines and penalties not exceeding lnft clttl 9 $100 exclusive of costs for breach of any of ·the by-laws of pen e the municipality and lfor reasonable punishment by imprison- ment with or without .hard labour in the nearest common gaol for any period not exceeding thirty days in case of nonpay- ment of the fine and costs inflicted for any such breach unless such fine and costs including the costs of committal are sooner paid.

(2) Two copies of every such by-l_aw under the seal of the municipality and certified as correct by the reeve and the secretary shall be transmitted to the Minister and no such by-law shall have ariy force or effect until one of the said dupli cate copies is retu 1 rned to the secretary approved by the Minister. oples ot y.Ia.w to e sent to lnlster

(3) Any penalty or .fine under any by-law of a municipality ena.lty to shall if no other provision be made respecting it belong to the eu~~~~p~I municipality for the public .use of the same and form

part 1 y of the general reveque of _the municipality. 19.'1. In the event 'of any person being committed to gaol by ransporta. reason of a breach of any by-law of a municipality there .shall t on and be chargeable to such municipality such part of the expenses a ~~:~~n paid by the province Jor the transportation of such person to gaol P Isoners and for his maintenance while there as may be designated by the Lieutenant Governor in CounCil. QUASHIN'G BY-LAWS AND RESOLUTIONS. 194.

Any elector of tqe municipality may apply to the judge otlon to of the District Court of the judicial district within which the q ash municipality is wholly or mainly situated, or if equal portions of the municipality are situated within two or more judicial districts to the judge of the District Court of any such judicial district, upon motion to quash any by-law, order or resolution of the council in wh([)le or in part for illegality; and the judge upon such motion rnay quash the by-law, order or resolution in whole or in part , and may according to the result of the application award costs for or against the municipality and may determine the seale of such costs.

(2) Notice of the motion shall be served at least seven clear N tlce of days before the day 1on which the motion is to be made

Document details

Collection	Alberta — Bills
Citation	L2 S3 10704
Type	bill
Volume / chapter	L2 S3 10704
Language	en
Format	json
Source	PROVINCIAL
Identifier	e20c86d93a8fec7054236d1d23d2dd14a561f449

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