Bill 32 (Legislature 2, Session 4)

L2 S4 10637

Alberta — Bills

BILL No. 32 of 19~3.

An Act to incorporate the pity of Lethbridge. (Assented to 1913.) HIS MAJESTY, by and with ~he advice and consent of the Legislative Assembly o~ the Province of Alberta, enacts as follows: TITLE I. PRELIMINAR¥. 1. This Act may be cited as "'rf'he Lethbridge Charter." 2. In this Act the word- 1. "Elector" means a person e~titled to vote at muni cipal and school elections in the s id city; 2. "Council" means the munic pal council of the said city; 3. "Burgess" means an elector who is qualified in res pect of freehold property to vote on money by-laws; 4.

"Felony" means any indict ble offence which since the passing of The Criminal Code if Canada, 1892, is pun ishable with death or imprisonm nt for a period of five years or over, and "misdemeanor ' any offence for which under the said Code the extreme enalty is imprisonment for a term less than five years and two years or over; 5.

"Income" means the profit or ain, whether ascertained and capable of computation as bei g wages, salary or other fixed amount or unascertained as b .ing fees or emoluments or profits from a trade or commer ial or financial or other business or calling, directly or i directly received by a person from any office or emplo ment or from any pro fession or calling or from any tra e, manufacture, or busi ness, and includes the interest, div dends or profits directly or indirectly received from mone at interest upon any security or without security or f om stocks or from any other investment and also profit r gain from any other source whatever; 6.

"Business" shall include an:t trade, profession, call ing, occupation or employment; 7.

"Speeial franchise" shall me n every right, authority or permission to construct, mai tain or operate wit.hin the city, in, under, above, on o through any highway, road, street, lane, public place or public water within the jurisdiction of the city any pol s, wires, tracks, pipes, conduits, buildings, erections, str ctures, or other things for the purpose of bridges, railwa s, tramways, or for the purpose of conducting steam, he t, water, gas, oil, elec tricity or any property, substanc or product capable of being transported, transmitted or onveyed for the supply of water, heat, light, power, tra sportation, telegraphic, telephonic or other service;

2 8. "Judge" shall mean any judge of ~he District Court of the District of Lethbridge or any jlfdge acting in his place; 9. "Land" includes lands, tenements itnd hereditaments and any estate or interest therein or tight or easement affecting the same, and- (

a) Land covered with water; (

b) Mines, minerals, gas, oil, salt qparries and fossils in and under land; and (

c) In case of special franchises, achinery, fixtures, buildings, structures, and oth r thing existing, erected, or placed upon, in, ove , under, or affixed to land or any highway, roa , street, lane or public place or water, but no the rolling stock of any railways or street railw ; 10. "Municipality" or "City" means the City of Leth bridge as herein incorporated; 11. "Person" includes a corporation 1 or partnership; 12. "Resident" means a person re~iding within the limits of the City of Lethbridge; 13.

"Revised Assessment Roll " mea:fls the assessment roll of the city or any part thereof as finally adopted by the council ; 14. "Tenant" is one who holds, u~es or enjoys the property of another with his consent or bty his permission or letting; 15. "Occupant" means the person ~r corporation in actual occupation of any land or premis s within the city, either being the owner or tenant thereof, for a year or any longer term. Husband and wife living ogether shall not be considered separate occupants, but he husband shall be considered the occupant; 16. "City Clerk" means the city clepok of the City of Lethbridge; 17.

"Treasurer" means the treasurer of the City of Lethbridge. 3. Wherever the word "herein" is u~ed in any

section of this Act it shall be understood to r¢late to the whole Act and not to that

section only. 4. Where anything is required to ~~ done on a day which falls on any holiday such thing y be done on the next judicial day, but nothing in this

section contained shall extend or 2~pply to the days fixed y this Act for the nomination or election of candidates for t 1e offices of mayor or commissioners. 5. ·where forms are prescribed, de~iations therefrom not affecting the substance nor calculat d to mislead shall not. vitiate the same, and forms to t e like effect. shall suffice. 6. Where power to make by-laws, tregulations, rules or orders is conferred, it shall include th power to alter or revoke the same from time to time and to make others. 7. All Ordinances inconsistent with t~is Act are hereby repealed in so far as they relate to the ity of Lethbridge; and where any matter or thing is provi ed for by this Act

3 the provisions of any other Act orl Ordinance in relation thereto shall be deemed to be sup~rseded so far as they relate to the said city. 8. The Municipal Ordinance of he North-West Terri ritories and any amendments there o in force on the first day of September, 1905, shall no lo ger apply to the City of Lethbridge; nor shall any muni ipal legislation of the Province of Alberta apply to the sai city unless it is spec ially mentioned therein and wh ever any Ordinance of the North-West Territories is r ferred to herein, such reference shall be deemed to includ any Act of the Prov ince of Alberta amending or super cding such Ordinance. 9.

Chapter 64 of the Statutes o Alberta, 1906, being

an Act to incorporate the City o Lethbridge with any amendments made thereto, is here y repealed, but such repeal shall not be held to take aw y or affect any rights to which any person or corporation other than the City of Lethbridge would have been entitl d had the same con tinued in force. TITLE II. INCORPORATION, ANN.EjXA'I'ION. 1. The inhabitants of the locality described as follows, that is to say: All of sections twenty-eight ( 8), twenty-nine (29), thirty-one (:31) and thirty-two (32); that portion of

section thirty (30) lying east of the Belly iver; the west half of

section thirty-three (33); and that ortion of the east half of

section thirty-three (33) lying to the south and west of the Canadian Pacific Railway Com any's line from Leth bridge to Coutts, all in township ght (8) range twenty one (21) west of the fourth meridian; that portion of sections twenty-five (25) and thirty-six (36 lying to the east of the Belly River in township eight (8) range twenty-two (22) west of the fourth meridian; he south-west quarter of

section four ( 4); all of sections five (5) and eight (8) and all of

section six (6) saving nd excepting thereout legal subdivision thirteen (13) and the west half of legal subdivision fourteen (14), ·all in t wnship nine (9) range twenty-one (21) west of the four h meridian; and that portion of the south half of

section one (1) township nine (9) range twenty-two (22) west f the fourth meridian lying to the east of the Belly Riv r and such persons as shall thereafter become inhabitants f such area, are hereby incorporated into the municipal cor ration under the name of the City of Lethbridge. 2.

The powers of the said corpor tion shall be exercised by the council of the city, which shall be deemed and considered to be always continuin notwithstanding any annual or other election of the embers composing it; and after any such election and e organization of the council for the next year, such co neil shall take up and carry on to completion all proce dings commenced but not completed by the last year's ouncil.

4 3. Until a new council is elect d under this Act the mayor and members of the council of the existing City of Lethbridge shall be deemed and aken for all purposes to be the mayor and members of he council of the cor poration hereby created and until al ered under the author ity of this Act all by-laws, cont acts, property, assets, rights and liabilities of the existi g City of Lethbridge shall be deemed and taken for all pu poses to be the by-laws, contracts, property, assets, rights a d liabilities of the City of Lethbridge. 4.

Whenever one-half of the o ners of any territory adjacent to the city whose names a pear on the last revised school asse:ssment roll, whether pu lie or separate, desire annexation thereto, they may prese t a petition to the coun cil to that effect and if the council agree the said territory may be made part of the city y proclamation of the Lieutenant Governor in Council on such date and on such terms and conditions as the Lieuten nt Governor in Council may think fit. 6. By the name of the "City of~Lethbridge," the city (

a) Shall have perpetual succ sion, and shall own, possess and hold all property, re 1 and personal, there tofore owned, possessed, or held b the said City of Leth bridge, and shall assume, manage, nd dispose of all trusts, in any way connected therewith; (

b) Shall succeed to all the ri1ts and liabilities, and shall acquire all l enefits, and sh 11 assume and pay all bonds, obligations and indcbtedne of said City of Leth bridge; (

c) May sue and defend, plea~ and be impleaded, in all courts and places, and in all atters and proceedings; (

d) May have and use a commo seal and alter t'- e same at pleasure; (

e) I\oiay purchase, receive, hold 1and enjoy, or sell and dispose of, real and personal properjty. TITLE IlA 1.

The council of the city shal consist of three com missioners; the mayor who shall be commissioner of finance and public safety; whose departmc t shall include the pro perty of the city, health and relic license and police, fire department, publicity and immi ation; a commissioner of public works whose department hall include the general work of the city done under the ngineering department, and public buildings; a eommiss' ncr of public utilities which shall include all income be ring municipally owned utilities of the city; who shall aU b elected by the electors in the mnnner hereinbefore pro ided and the number of commissioners or their salary m y be from time to time increased by the electors in acco dance with the provis ions of title initiative and the sala es of the commissioners shall be as follows: Mayor, four th usand ($4,000) doll!U"I4; commissioner of public works, thre thousand five hundred ($3,500) dollars; commissioner of public utilitieH, three thousand five hundred ($3,500) do ars.

5 2. All commissioners shall~old office for a period of three years from the date of thei election except at the first election when the mayor shal be elected for four (4) years, the commissioner of public orks for three (3) years, and the commissioner of public u ilities for two (2) years. 3. In the event of any vfcancy occuring in the office of commissioner his place sh ll be filled by another com missioner elected according t the procedure herein for the election of commissioners pro ided. 4.

No person shall be eligibf. for election as commissioner unless he is a natural born r naturalized ~mbject of His Maje:sty, is a male of the f II age of twenty-one years, is able to read and write, and ·s not subject to any disquali fication under this Act. 5.

No judge of any court of civil jurisdiction, sheriff, no gaoler or keeper of any ho se of correction, no constable, assessor, secretary-treasurer, uditor or other paid official of the city, no bailiff, no in ector of licenses, no person having by himself or his part er an interest in any contract with or on behalf of the city r being indebted to the city, no surety for an officer or an employee of the city, and no person who has been convict d of treason, felony or of an offence punishable with cleat or with imprisonment for more than five years, shall be qualified to be a memher of the council. 6.

No person shall be dis ualified from being elected a commissioner by reason of is being a shareholder in any incorporated company havin dealings or contracts with the city or by his having a le e of twenty-one years or up wards of any property from th city: but no such leaseholdet· shall vote in the council on an question affecting any lease from the city and no such areholder on any question affeeting the company. TITL~ III. VOTERs'! LIS'l'. 1.

The persons qualified t1 vote at elections shall be all persons both male and fem le of the full age of twenty one years and whose name ppears on the last revised voters' list. 2. The city clerk shall on o~ before the first day of Sep tember in each year prepare ~ voters' list in alphabetical form. He shall place thereon- (

a) The names of all perso s both male and female of the fuH age of twenty-one ye rs who are assessed in their own right on the last revised ssessment roll for real pro perty of the value of $200. ere the real property is owned by two or more persons d is assessed in their names, each shall be entitled to a vo e if the total assessed value of the property is sufficient whe divided to give each person a rating of $200; if otherwise none of such persons shall be entitled to vote; (

b) The names of all ban*s, incorporated companie; and corporations assessed on ~he last revised assessment

6 roll, and the vote of such bank, company or corporation may be given by the chief officer thereof present in the city at the time of voting; (

c) The names of all per ons who have and during one month prior to the first da of December in the previous year has been a resident of the city and a tenant of real property of the assessed va ue of at least $400, and when more tenants than one occu v separate portions of the same building or of different bu ldings on the same property, each shall be entitled to v te if the total assessed value of the property so occupie is sufficient when divided to give each occupant a ratin of $400; if otherwise, none of such occupants shall be ent tied to vote. 3.

The city clerk shall on or before the first day of Sep tember in each year and e ery year prepare a voters' list which shall be an alphabe ical list of electors and shall comprise the names of tho e qualified to vote at munici pal elections in the city, a d he shall post the same in a conspicuous place in his ffice. The list shall contain opposite the name of each elector a short description of the property in respect of ·hich he is· entitled to vote. 4.

Any tenant who has een a resident in the city one month prior to the first, da of December in the previous year, and any other person who has been resident in the city in the then current ye prior to the first day of ,July and continuously since and who is otherwise duly qualified but whose name does not a pear on the voters' list or who by error is not assessed on t 1e roll high enough to be q uali fied as a voter, or whose I arne is put down in error, or whose name has been omitt d from the last revised assess ment roll, provided that t e year's taxes have first been paid on the property in res ect of which he claims a vote, may either by himself or his agent apply to have the voters' list amended upon giving t the city clerk a notice in the following form: "'l'o the City Clerk of the Cir of Lethbridge: "Take notice that I inte d to apply to the Council to have my name added to th voters' list (or as the case may be) for the following reason (here state the grounds accord ina to the .facts). or Signature of Appellant.) Appellant. • t 0'. 0 0 ••••••••••••••• Name of Appellant.) Appellant by his Agent. ((Signature of Agent.) 5..

If any person who has qualified as a voter on income has left the city or if before the first day of October in the then current year a perso has disposed of the property for which he was qualified as a voter or if any person's name is wrongfully put d wn he shall be disqualified as a voter and any elector rna supply to the council to have the name of the person so r otherwise disqualified struck off the voters' list and th name of the proper person, if any, substituted therefor The person so applying shall

7 give six days' clear notice tq the city clerk of his intention of applying to the council f~r that purpose as provided in the preceding section. 6. Notices served upon tlhe city clerk under the two preceding sections shall be lserved on or before the 25th day of October. 7.

On or before the fiftl day of November the city clerk shall make a list of all applicants for amendments to the voters' list, stating na es and grounds of each such application, and shall post t e same in a conspicuous place in his office; and he shall immediately thereafter notify the parties interested of th time and place fixed by the council for hearing such app ication. 8.

On or before the fiftee th day of November in each and every year the council shall meet as a final court of revision on the voters' list an shall then hear and determine all a,pplications of which no ice has been given to the city clerk as hereinbefore pro vi ed; and the city clerk shall thereupon amend the voter,' list in all cases provided for in sections four and five oft ·s title as may be right, and the list so amended shall be the voters' list of the city for the ensuing year or until a ne ' voters' list has been finally revised; and forthwith the eafter the city clerk shall in case the city is divided into ards, prepare a list of the elec tors entitled to vote in each ard designating thereon those not entitled to vote for m yor in each ward. 9.

As to the attendanee f witnesses and the imposition and recovery of penalties a d as to procedure the council when sitting as a final cour of revision on the voters' list as aforesaid shall have the owers and privileges conferred by this Act upon the counc 1 in relation to the assessment roll. 10.

If any by-law had b~n passed by the council dis-. enfranchising persons for a rears of taxes, the city clerk shall on or before the day fixed for nomination of can didates for mayor and com issioners, prepare and verify on oath a correct alphabetic list of the names of all persons so disenfranchised, which lis shall be called "The Default ers' List." TITLE IV. ELE{j:TIONS. 1. A municipal election s all be held in the city on the second Monday in Decemb r in each alternate year, and shall be known as the gene al municipal election, the first of which shall take place on the second Monday in Decem ber, 1913.

All other mu cipal elections that may be held shall be known as "S ecial Municipal Elections." 2. The city clerk or theJerson acting as city clerk for the time being, shall be the eturning officer in all elections held by virtue of this Act including all votes on money by-laws and all votes take in accordance with the titles

on initiative, referendum an~ recall'; and he shall have the power to appoint such depu y returning officers, assistant deputy returning officers and poll clerks as shall be required by this Act. 4. The returning officer sJall at least six days previous to the first Monday in Dec mber insert in three different issues of one or more local newspapers published in the City of Lethbridge a notice in the following form or one corresponding as closely th reto as the circumstances of the ease will admit of. "NpTICE. "City of Lethbridge, Mu~· cipal Elections 19 ..... .

"Public notice is hereby gi en that a meeting of the elec tors of the City of Lethbri e will be held in (description of place) on Monday the ............ day of December, 19 .... , from 11 a.m. until n on, for the purpose of receiv ing petitions of nominations of candidates for the office of commissioner of the city. "Given under my hand ar Lethbridge this. . . . ..... . day of . . . . .. .. , A.D. 19 .. 0.... . ............. . Returning Officer." 5.

At the time and place amed in the notice the return ing officer shall declare the meeting open for the purpose of receiving petitions of n minations; the meeting shall rem~Lin open until noon w en, if the number of persons nominated to serve as com issioners does not exceed the requisite number, the retu ning officer shall declare the persons Ro nominated duly lected. 6. Every nomination fo~cornmiRsioner shall be accom panied by a written consent 'rom the person named in each nomination to accept the o ce if elected. 7.

The petition of nominP,tion shall consist of not less than two individual certiacates, which shall read sub stantially as follows: ''PETITION iJI<' NoMINATION. Province of Alberta } City o~ LetJ:bridge To W1t: '' 1, the undersigned, cert fy that I do hereby join in a petition for the nominatio of. . . . . . . . . . . . ........ . whose place of residence is at No . . . . . . . . . .... Street, Lethbridge, for the office of ................ , to be voted for :!tt the municipal electio to be held in the City of Leth- bridge on the.. . .. .. .. .. ay of. ...........

Hl .... , and I further certify that I am a qualified elector and am not at this time a fo1igner of any other petition nominating any other candidate for the abo e named office, or, in case there are several places to be fil ed in the above named office, that I have not signed mor petitions than there are places to be filled in the above n med office; that my residence is a,t No. . Street, ethbridge, and that my oecu pat:ion is. . . . . ... i, ~igned . : . : .. : : : : : : : : : : : : : : : :

9 The petition of nomination of whit this certificate forms a part shall, if found insufficient, b returned to. . . . . . . . . . . . . . . . . . . . . . . ..... at No. . . . . . . . . . . . . . . Street, Lethbridge, Alberta." 8. Each commissioner shall be {aminated to fill the position of either mayor, cmmnis oner of public works or commissioner of public utilities, nd when elected shall fill that position-. 9. It shall be the duty of the city clerk to furnish upon application a reasonable number qf forms of individual certificates of the above character. 10. Each certificate must be a separate paper.

All certificates must be of a uniform sit as determined by the city clerk. Each certificate must c ntain the name of one signer thereto and no more. Each ertificate shall contain the name of one candidate and o more. Each signer must be a qualified elector, must n t at any time of sign ing a certificate have his name sig ed to any other certi ficate for any other candidate for he same office, or, in case there are several places to be fi led in the same office, signed to more certificates for can idates for that office than there are places to be filled i such office.

In case an elector has signed two or more conflicting certificates, all such certificates shall he reje ted. Each certificate shall further contain the name and address of the signer in case said petition is found insuffic ent. 11. When a petition of nominati n is presented to the returning officer, he shall forthwith xamine the same, and ascertain whether it conforms to he provisions of this section.

If found not to conform hereto, he shall then and there in writing de8ignate w y such petition can not be tiled, and shall return the etitiun to the person named as the person to whom the same may be returned in accordance with this ection. The petition may then be amended and aga n presented to the returning officer as in the first ins ance. The returning officer shall forthwith proceed to e amine the petition as hereinbefore provided. If necessa y, the council shall provide extra help to enable the retu ning officer to perform satisfactorily and promptly the d ties imposed by this section. 12.

Any signer to a petition of ~omination and certi ficate may withdraw his name from he same by filing with the returning officer a revocation f his signature before the filing of the petition by the ret rning officer, and not otherwise. He shall then be at lib rty to sign a petition fur another candidate for the same ffice. 13. The city clerk shall preserve irt his office fur a period of two years all petitions of nominat on and all certificates belonging thereto tiled under this s ,ction. 14.

In the event of more than t e required number of persons being nominated for any offi e the returning officer shall declare th~t a poll will be held a d shall name the time, which shall be on the same day of t week as the nomina tion but in the following week, the place or places where the votes are to be polled and the d puty returning officer

and assistant returning officel, if any, appointed to receive the same: and also the time nd place at which the result of the polling will be declar d. 15. If only one person is~ominated for one office that person shall be declared b the returning officer to be elected to that office and a oil may be declared for the other office or offices for w ich more than one person is nominated. 16.

Whenever a poll has t!be taken the returning officer shall without any unreasona le delay after the nomination cause to be posted up in a least ten conspicuous places within the city a notice in th following form: "City of Lethbridge, Mu icipal Elections 19 .... "Public notice is hereby gi ·en that a poll has been granted for the election of commissio ers of the City of Lethbridge for the year 19 .... and th t the polling will take place on (here insert date of polli

g) the. . . . . . . . day of .............. 19 .... , from nine a.m. till five p.m. at the following places (here insert r specify polling places). "And that I will at (descr 'ption of the place) on (day of the week) the ........... d y of ........... 19 .... , at . . . . . . . . o'clock sum up t votes and declare th~ result of the election. "Given under my hand at. ethbridge this. . . . . . . . day of. . . ... 19. . . "Returning Officer." 17..

Any candidate nomina ed may withdraw at any time within forty-eight hours aft.P · the close of the nomination meeting by filing with the ret ruing officer or deputy return ing officer, as the case may e, a declaration in writing to that effect, signed by himself in the presence of the return ing officer, a justice of the p ace or notary public; and any votes cast for a candidate w o has thus withdrawn shall be null :and void. 18..

If by reason of any s ch withdrawal or withdrawals the number of candidates re aining in nomination for any office does not. exceed the n mber required by this Act to be elected for such office t polling for such office shall not Lake place; and the re urning officer shall forthwith post up in ten conspicuous laces in the city a notice to the following effect: "NbTicE. "City of Lethbridge, Mu icipal Elections 19 ....

"Whereas Mr. . . . . . . . . . . . ..... nominated for the office of commissioner has withd awn his candidature for the said office, leaving Mr .................. the only candi- date therefor, I hereby give notice that no voting for the said office will take place o the. . ................. day of (date of polling). "Dated under my hand atiLethbridge this .......... day of ............... 19. "Returning Officer."

11 19. In case of a poll at a municip:itl election the votes shall be given by ballot. 20. When a poll is required the city clerk shall procure as many ballot boxes as there are pqlling subdivisions. 21. The ballot boxes shall be maie of some durable material, shall be provided with a loc and key, and shall be so constructed that the ballot pape s can be introduced therein and cannot be withdrawn ther from unless the box is unlocked. 22.

When it becomes necessary forlthe purposes of an election to use the ballot boxes it shal be the duty of the returning officer to deliver at least the ay before the polling day, one of the ballot boxes to eve y deputy returning officer, or assistant deputy returning fficer, appointed for the purpose of the election. 23. When a poll is required the r turning officer shall cause ballots for each general and s ecial election to be printed, bound, endorsed and authent" ated.

The ballots shall contain the full list and correct ame of all the res pective offices to be filled, and the na es of the candidates nominated therefor. It shall be in s bstantially the fol lowing fmm when there are four or mo e candidates for any office. ·when there are three and not more candidates for any office, then the ballot shall give fir t and second choice only; when there are less than three candidates for any office all distinguishing columns as to choice and all reference to choice may be omitted.

The voter will go into one of th compartments and with the pencil provided in the compa tment make a cross (

X) in the square in the appropriate olumn according to his choice, at the right of the name v ted for. The voter must vote first choice in the first colum ; vote second choice in the second column; vote any othe choice in the third column; vote only one first and only one second and one third choice. Do not vote more tha one choice for one person, as only one choice will coun for any candidate by this ballot. All distinguishing marks ake the ballot void.

12 COMMISSWNER FIRST SECOND I THIRD OF CHOICE CHOICE CHOICE ------- I JoHN Dog .. X ·- JAMES FoE ...... X I --- DrcK JoE. X ·---- RrcHARD RoE ... --- Lours HoE .... .. X I COMMISSIONER OF I I MARY BROWN. X I HARRY JONES. X --- FRED SMJITH ..... COMMISSIONER OF --- I .JoE BLACK ...... X --- I RoBERT ·w HrTE .. ---- I Each voter shall vote for as any candidates as there are offices to fill and for as many hoices as they are entitled to under the Act, and if he do n t vote for as many candi dates or as many choices as he is entitled to under this Act, his vote shall be invalid an shall not be counted.

The voter shall fold up the b Hot papers so as to show tho name or initial of the deputy eturning officer, or assist ant deputy returning officer, as the case may be, signed on the back and leaving the c mpartment will, without showing the front of the paper t any person, deliver such ballot so folded to the deputy re ruing officer, as the case may be, and forthwith quit the oiling place.

If the voter inadvertently spoi the ballot paper he may return it to the deputy returning fficer (or assistant deputy returning: officer, as the case rna be) who will, if satisfied of such inadvertence, give him nother ballot paper. If the voter places any mar on his ballot paper by which he may afterwards be iden ified or if the ballot paper has been torn, defaced or otherw se dealt with by the voter so that he can thereby be identi ed it will be void and will not be counted.

If a voter takes a ballot pap~ out of the polling place or deposits in the ballot box an other paper than the one given him by the officer he will e subject to imprisonment for any term not exceeding six months with or without hard labour. 24. All ballots printed shall be identical, so that it would be impossible to distinguish ne ballot from another. The names of candidates for ea h office shall be arranged in alphabetical order of the s names. Nothing on the ballot shall be indicative of th source of the candidacy, or of the support of any candid te. No ballot shall have

13 printed thereon any party or poli1cal designation or mark, and there shall not be appended t the name of any candi date any such party or political designation or mark, or anything indicating his views or opinions. 26. The, city clerk shall at le st five days before the election cause to be printed not less than five hundred sample ballots, upon paper of di erent colour, but other wise identical with the ballot, to be used at the election, and shall distribute the same, pon application of the candidate~;, to the registered vot rs at his office. 26.

The returning officer sha:~ before the opening of the poll deliver or cause to be d livered to every deputy returning officer such number of rinted directions for the guidance of voters in voting, as may deem sufficient. 27.

Every deputy returning o cer, or assistant deputy returning officer, shall before the opening of the poll or immediately after he has receive the printed directions from the returning officer, if he id not receive the same before the opening of the poll, cau e the said printed direc tions to be placarded outside th polling place for which he is appointed to act and also i every voting compart ment of the polling place and sh ll see that they remain so placarded until the closing of t e poll. 28.

Every polling place shall lf furnished with a com par~ment or compartmentH in wh ~h the v~ters can mark their votes screened from observ t.H5n and It shall be the duty of the returning officer to se that a proper compart ment or eompartments for that purpose is provided at each polling place. 29.

The returning officer shall efore the poll is opened deliver to every deputy returni g officer and assistant deputy reiJurning officer a copy c rtified by the city clerk to be a correct copy of the voters list for the polling sub division for which such deput returning officer or assistant deputy returning officer i to act together with a copy certified by the city cler of the defaulters' list for the polling subdivision and a lank poll book in which to record the names and qualifi ations of the electors who vote. 30. The poll book shall be in th~ following form:

14 NAME Qualification Residence Legal Addition -~-------- --- Commissioner School Trustee Objected to Sworn Refused to swear REMARKS 31.

The city clerk on the req est of any elector who has been appointed deputy retur ing officer or assistant deputy returning officer or poll Jerk or constable or as agent of a candidate to attend at any polling place other than the one where he is entitled vote shall give to such elector a certificate that he is entit ed to vote at the polling place where he is to be stationed during the polling day; and the certificate shall also stat the property or other qualification in respect of which e is entitled to vote. 32.

On the production of the certificate the deputy returning officer, assistant de uty returning officer, poll clerk, constable or agent shall have the right to vote at the polling place where he is stationed during the polling day instead of the polling place where he would otherwise have been entitl d to vote and the deputy returning officer, or assistant eputy returning officer shall attach the certificate to the oters' list; but no certi ficate shall entitle such elector to ote at such polling place unless he has been actually enga ed as deputy returning officer, assistant deputy returnin officer, poll clerk, con Rtable or agent during the whole of the day of polling. 33.

In case a deputy returni g officer (or assistant deputy returning officer) votes at e polling place to which he has been appointed as such po l clerk appointed to act at the polling place or (in the a sence of the poll clerk) any elector authorized to be pre ent may administer to the deputy returning officer (or a sistant deputy returning officer) any of the oaths required by law to be taken by voters. TITLE Vl ELEC'l'IONS : PROC:t;DURE. 1.

In this title the deputy retu~ning officer (or assistant deputy returning officer) acting as such at any polling place at any municipal election i referred to as "officer presiding at the poll."

2. The officer presiding poll at an election may by a poll clerk who, in the a officer (or assistant deputy of his illness or inability to by this Act shall have the he was appointed. 15 r appointed to preside at any iting under his hand appoint sence of the deputy returning eturning officer) or in the case ulfil the duties required of him owers of the officer by whom 3.

The deputy returnin officer (or assistant deputy returning officer) may also ppoint a constable to maintain order at the polling place o he may summon to his assist ance for the purpose of rna ntaining order or of preserving the public peace or preve ting any breach thereof or of removing any person who in the opinion of the officer presiding at the poll is ob tructing the polling or wilfully violating this Act. 4.

Every returning offi er, deputy returning officer, assistant deputy returning officer, poll clerk, constable, candidate or agent authoriz d to be present at any polling place before exercising at any polling place any of the rights or functions of the ffice for which he has been so appointed shall take and s bscribe before a notary public or commissioner or a justi e of the peace or (in the case of a poll clerk or constab or agent) before the deputy returning officer or assista t ·deputy returning officer at whose polling place he is a pointed to act, an oath in the form following: "I, A.B., do swear that will not at any time disclose to any one the name of a y person who will vote at the election to be held in the ity of Lethbridge on the ..... . day of. . . . . . . . . . . . . . . . .D. . ....... ; and that I will not unlawfully attempt to scertain the candidate or can didates for whom an electo has voted; and will not in any way aid in the unlawful d scovery of the same, and that I will keep secret all kno ledge which may come to me of 1;he person for whom a y elector has voted.

So help me God." (~~) The polls shall be k~pt open from nine o'clock in the forenoon until eight oJclock in the afternoon of the same day. 5. Any person producingeto the officer presiding at the poll at any time a written uthority to represent a candi date as his agent at a poll ng place shall be recognized as such by the said officer. 6..

Every elector shall ~te once for such number of commissioners as are to b elected, or if the city shall have been divided into p lling divisions in each polling division for such number f commissioners as are to be elected therefor, if his na e appears on the voters' list in the polling division but ot otherwise. 7 .. Any person who votes I more often than he is entitled to under the provisions of this Act shall incur a penalty of ~S50 and costs. 8. The receipt of any votflr ot a ballot paper within the polling booth shall be prir.tw facie evidence that he has there and then voted.

16 9. The officer presiding at e poll shall immediately after the opening of the poll s ow the ballot box to such persons as are present in the pol ing place so that they may see that it is empty; he shall t en lock the box and place his seal upon it in such a man er as to prevent its being opened without breaking the se l; and he shall then place the box in his view for the re ·eipt of ballot papers and shall keep it so in view and lo ked and sealed during the hours of polling. 10. 'When a person claiming o be entitled to vote pre sents himself for the purpose of voting the officer presiding at the poll shall proceed as foll s:

(1) He shall ascertain that the name of such person (or a name apparently intende therefor) is entered upon the voters' list for the polling subdivision for which the said officer is appointed to act.

(2) He shall record (or cau e to be recorded by the poll clerk) in the proper column of the poll book, the name, qualification, residence and leg l addition of such person.

(3) Where the vote is obje ted to by any candidate or his agent the officer presidi g at the poll shall enter the objection in the poll book b writing his initials opposite the name of such person in th column headed "Objected to," noting at the same time by which candidate or on behalf of which candidate the objection has been made by adding after his initials th name or initials of such candidate.

(4) If the voter asks to b~worn, the returning officer shall administer to him the fol wing oath: "You swear (or solemnly a

m) that you are the person named (or intended to be name by the name of ......... . . . . . . . . . . . . . ) in the voters' lis now shown to you (show ing the list to the voter) ; "That you have not voted b fore at this election, either at this or any other polling pla e; "That you have not directl or indirectly received any reward or gift, nor do you ex ect to receive any for the vote which you tender at this lection; "That you have not received anything nor has anything been promised you directly or indirectly, either to induce you to vote at this election or for loss of time, travelling expenses, hire of team or an other services connected with this election; "And that you have not d~· ectly or indirectly paid or promised anything to any pers n, either to induce him to vote or to refrain from voting this election.

"So help you God."

(5) If the voter takes any on of the said oaths the officer presiding at the poll shall rece' c the vote and shall enter (or cause to be entered) oppo ite such person's name in the proper column of the po book the word "Sworn" or "Affirmed" according to fa s. (6) Where the voter has bee required to take the oath or affirmation and refuses to take the same the officer presiding at the poll shall ent r (or cause to be entered) opposite the name of such vo r in the proper column of the poll book the words "Ref ed to swear" or "Refused to affirm," according to the fact and the vote of such person shall not be taken or received; d if the deputy returning officer or assistant deputy retur 'ng officer takes or receives such vote or causes the same to e taken or received he shall incur a penalty of $100 and cos s.

17 (7) When the proper ntries respecting the person so claiming to vote have een made in the poll book in the manner prescribed, t e officer presiding at the poll shall place a check or m:a k opposite to the name of the voter in the voters' list to indicate that the name of such person has been entered in 1e poll book and that the person has been allowed to vote; and shall then sign his initials on the back of the ballot p per.

(8) Except in the case entioned in subsection 6, the ballot paper shall then be elivered to the voter. H. The officer presiding tt the poll may and upon request shall either personally or through . his poll clerk explain to the voter as concisely as possible the proper method of voting. 12.

Every deputy retur ing officer (or assistant deputy returning officer) who refu es or wilfully omits to sign his initials upon the back of ny ballot paper as provided for by subsection 7 of sectio 10 of this title, ~hall forfeit to any person aggrieved y such refusal or omission the sum of $100 and costs i respect of every ballot paper deposited in the ballot bo at his polling subdivision upon which the said deputy retu ning officer (or assistant deputy returning officer) has not igned his initials as aforesaid. 13.

The officer presidin~at the poll shall place in the column of the poll book headed "Commissioner," and "School Trustee," as the c e may be, his initials opposite the name of every voter r ceiving a ballot paper to denote that the voter has received a ballot paper for commissioner or school trustee as the c se may be. 14. Upon receiving from the officer presiding at the poll the ballot paper prepared a aforesaid the voter shall forth with proceed into the co partment provided for the pur pm;e and shall then and t erein mark his ballot paper in the manner mentioned in he directions contained in sub seetion (

a) in

section 23 o title IV of this Act by placing a cross-thus X-on the ri ht hand side opposite the name of any candidate for who he desires to vote or at any other place within the di ision which contains the name of the candidate.

He s ll then fold the ballot paper across so as to conceal the names of the candidates and the m:uks upon the face of th paper and so as to expose the initials of the said office and leaving the compartment shall without delay and w thout showing the front to any one or so displaying the allot paper as to make known to any person the names o the candidate for whom he has or has not marked his b Uot paper, deliver the ballot paper folded so, to the offic r presiding at the poll who shall without unfolding the sa e or in any way disclosing the names of the candidates r the marks made by the voter upon the ballot paper ve fy his own initials and at once deposit the ballot paper i the ballot box in the presence of all persons entitled to present and then being present in the polling place; and the voter shall forthwith leave the polling place. 15.

While a voter is in! compartment for the purpose of marking his ballot pap r no person shall be allowed to enter the compartment o to be in any position from which he can observe the ode in which the voter marks hie1 ballot paper.

18 16.

No person who has r ceived a ballot paper from the officer presiding at the po l shall take the same out of the polling place; and an person having so received a ballot paper who leaves t e polling p'ace without first delivering the same to the aid officer in the manner pres cribed shall thereby forfeit is right to vote, and the said officer shall make an entry n the poll book in the column for "remarkH" to the effec that such person received a ballot paper but took the same out of Lhe polling place or returned the same declini g to vote, as the case may be, and in the latter case the said officer shall immediately write the words "declined" pon such ballot paper and shall preserve the same. 17.

In the case of any a plication by a person claiming to be entitled to vote who s incapaciated by blindness or any other physical cause f om marking his ballot paper or in the case of a person laiming to be entitled to vote who makes declaration that he is unable to read or (where voting on a Saturday) that he is of the Jewish persuasion and objects on religious gro nds to mark his ballot in the manner prescribed by su ection (

a) in

section 23 of title IV the proceedings shal be as follows:

(1) The officer presiding t the poll shall in the presence of the agents of the candida .s cause the vote of such person to be marked on a ballot paper in the manner directed by such person and shall immediately place the ballot in the ballot box.

(2) The officer presiding t the poll shall state or cause to be stated in the poll boo by an entry opposite the name of such person in the prope columns of the poll book that the vote of such person is marked in pursuance of this

section and the reason why it is so marked.

(3) The declaration afor said may be in the following form: "I, A.B., of the .. , .................. being numbered on the voters' list for pollin subdivision No. of the City of Lethbridge,. . . . . . . . . . . . ... being a duly quali fied elector of the said City f Lethbridge do hereby declare that I am unable to read (o that I am from physical inca pacity unable to mark a oting paper, or that I object on religious grounds to m rk a ballot paper, as the case may be). "Dated this. . . . . . . . . .. f . day of. . . ............ A.D. Hl. A.B., his (

X) Mark."

(4) In the case of a p son who objects on religiom; grounds to mark a ballot aper the declaration may be made orally and to that e ect and such declaration shall at the time of the polling e made by a person claiming to be entitled to vote before the officer presiding at the poll who shall attest the same a cording to the following form: "l, C.

D., the undersigne , being the deputy returning officer (or assistant deput returning officer) for polling subdivision No. . . . . . . of t e City of Lethbridge do hereby certify that the above (or s the case may be) declaration, having been first read to th above named A.B., was signed by him in my presence wit his mark (or in the case of one who objects on rel£g1:ous grou .ds to mark a ballot paper) was orally made before me. "(~gd.) C. D., Deputy Returning Officer. (or Assist nt Deputy Return£ng Officer). "Dated this ........ day f .............. A.D. 19 .... "

18. A person claiming to e entitled to vote who has inadvertently dealt with his allot paper in such a manner that it cannot be convenientl used as a ballot paper may on delivering to the officer p siding at the poll the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the s tisfaction of the said officer receive another ballot paper i the place of the ballot paper so delivered up and the s d officer shall immediately write the word "Cancelled" u on the ballot paper so deliv ered to him; and he shall pres rve the same until he makes his return under

section 28 of this title. 19. During the time appofnted for polling no person shall be entitled or permitted to be present in the polling place other than the officers, candidates, poll clerks, con stables or agents authorized t attend at the polling place, and the voter who is for the time being actually engaged in voting. ·20.

In every polling place t e officer presiding at the poll shall immediately after the cl sing; of the poll in the pres ence of the poll clerk (if any) nd of such of the candidates or of their agents as may th n be present open the ballot box and proceed to count the otes as follows: He shali examine the ballot papers and any ballot paper which has not on its back ·s initials or on which more votes are given than the ele tor is entitled to give or on which anything except the ini ials of the said officer on the back is written or marked by which the voter can be iden tified or which has been tor , defaced or otherwise dealt with by the voter so that he an thereby be identified shall be void and shall not be coun ed.

A ballot paper on which votes are given for a greater umber of candidates for any office than the voter is entit ed to vote for shall be void as regards all the candidates f r that office but shall be good as 1egards the votes for any o her offices in respect to which the voter has not voted for more candidates than he is entitled to vote for. 21. The officer presiding a~ the poll shall take a note of any objection made by the candidate or his agent or any elector authorized to be prese t to any ballot paper found in the ballot box and shall decide any question arising out of the objection. 22.

Every objection shall te numbered and a con·es ponding number shall be pla ed on the back of the ballot paper and initialed by the o cer presiding at the poll. 23. The officer presiding at the poll shall indorse '' re jected" on any ballot paper which he rejects as invalid and shall indorse "rejection bjected to" if any objection is made to his decision. 24. The officer presiding at1the poll shall then count the ballots, and enter the total number thereof in the poll book provided therefor.

He shall also carefully enter the number of the first, second, a d third choice votes for each candidate in said poll book. Th13 person receiving morl than one-half of the total number of ballots cast at su h election as the first choice of the electors for any office hall be elected to that office; provided, that if no candida e shall receive such a major-

20 ity of the first choice votes or such office, then and in that event, the name of the c didate printed on the ballot having the smallest numbe of first choice votes, and all names written on the ballot having a less number of votes, then such last named candi ate shall be excluded from the count, and votes for such candidates or persons so ex cluded shall not thereafter be counted.

A canvass shall then be made of the secon choice votes received by the remaining candidates for id office; said second choice votes shall then be added t the first choice votes received by each remaining candida for such office, and the can didate receiving the largest umber of said first and second choice votes, if such vote constitute a majority of all ballots cast at such electio , shall be elected thereto; and provided further that if n such candidates shall receive such a majority after addi g the first and second choice votes, and t,hen in that eve t the name of the candidate then having the smallest nu ber of first and second choice votes shall be excluded fro the count, and no votes for such candidate so exclude shall thereafter be counted.

A canvass shall then be ade of the third choice votes received by the remaining andidates for such office; said third choice votes shall then e added to the first and second choice votes received by e h remaining candidate receiv ing the highest number of first, second and third choice votes shall be elected theret . When the name of but one person remains as a candid te for any office, such person shall be elected thereto reg rdless of the number of votes received. A tie between two or m re candidates is to be decided in favour of the one havin the greatest number of first choice votes.

If all are equ in that respect, then the grf)at est number of second choice otes shall determine the result. If this will not decide, then the tie shall be determined by lot, under the direction of the returning officer. Whenever the word "M jority" is used in this

section it shall mean more than o e-half of the total number of ballots cast at such electio . 215. Upon the completi~ of the written statement it shall be signed by the o cer presiding at the poll, the poll clerk (if any) and such f the candidates or their agents as are present and desire t sign such statement. 21~. Not more than two!gents of any candidate ::;hall be entitled to be present a the same time in any polling place during the voting or e counting of the votes. 2'7.

Every officer presidin~at a poll upon being requested to do so shall deliver to ch of the persons authorized to attend at his polling pl ce a certificate of the number of votes given at that po ling place for each candidate and of the number of reject d ballot paper::;. 28.

Every officer presidi g at a poll shall at the close of the poll certify under is signature on the poll book in full words the total nu her of persons who have voted at the polling place at whic he has been appointed to pre side; and shall, at the com letion of the counting of votes in the presence of the cand dates (or agents of the candi dates) make up into separ te packets, sealed with his seal and with the seals of such candidates or agents of candi dates as desire 'to affix th ·r seals and marked upon the

21 outside with a short stateme t of the contents of such packet, the date of the election the name of the officer pre siding at the poll and of the oiling subdivision: (

a) The statement of fir t, second and third choice votes given for cac candidate for each office and of the rejected b Hot papers; (

b) The used ballot pape s which have not been ob jected to and have b en counted; (

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

d) The rejected ballot apcrs; (

e) The spoiled ballot pa ers; (

f) The unused ballot pa ers; (

g) A statement of the n mber of voters whose votes have been marked b the officer presiding at the poll under

section 1 T f this Title with the declar ations of inability a the notes taken of objec tions made to ballot papers found in the ballot box. 29.

Before returning the oters' list and poll book to the retuming officer, the officer presiding at the poll shall make and subscribe bef e a justice of the peace or before the poll clerk, his decl ration under oath that the voters' list and poll book we used in the manner pres cribed by law and that the e tries required by law to be made therein were correctly ade; which declaration may be in the following form: "I, C.D., the undersigned eputy returning officer (or assistant deputy returning fficer) for polling division No ............ of the City f Lethbridge, do solemnly swear (or if he is a person p rmitted by law to affirm, do solemnly affirm) that to the b st of my knowledge the an nexed voters' list and poll bo k used in and for the said polling division at the electio held on the ............. . day of. . . . . ...... 19 .... , re so used in the manner prescribed by law and that t e entries required by law to be made therein were correct! made.

"(Sgd.) C.D., (or Assis nt Deputy Returning Officer). ~ puty Returning Officer. "Sworn (or affirmed) befor me .................... . at . . . . . . . . . .. this. . . . . . . . . ... day of. . . . . . . ....... , A.D. 19. ;( ( 'igned), K.Y., Commissioner, Nota Public, Justice of the Peace. (or a the case may be)" and shall thereafter be

annexe to the voters' list and such voters' list, poll book and d claration may be inspected at any time in the presence o. the city clerk by any elector. 30. The deputy returning officer (or assistant deputy returning officer) shall fort with deliver such packets personally to the returning o cer; and if owing to illness or other cause he is unable t do so he shall deliver such packets to a person chosen him for that purpose; and shall write on the outside of th cover of each of the packet~:! the 112~me of the person to wh m the same has been so de livered and shall take a prop r receipt therefor. He shall also forthwith return the ballo box to the returning officer.

31. The packets shall be a~companied by a statement made by the deputy returnin officer (or assistant deputy returning officer) showing th number of ballot papers entrusted to him and accounti g for them under the heads of-

(1) Counted;

(2) Rejected;

(3) Unused;

(4) Spoiled;

(5) Ballot papers given to v]ers who afterwards returned the same declining to vote; an

(6) Ballot papers taken fro the polling place; which statement shall give t e number of papers under each head and is in this Act referred to as "The Ballot Paper Account." 32.

The returning officer aft r he has received the ballot papers and statements before mentioned of the number of votes given in each polling place shall without opening any of the sealed packets or b llot papers cast up form the statements the number of vo es for each candidate, and shall at the city hall or at so e other public place at noon on the day following the retu n of such ballot papers and statements publicly declare to be elected the candidate or candidates having the highe t number of votes for each office to be filled by the elect on; he shall also put up in some conspicuous place a stat ment under his hand show ing the number of votes polle for each candidate. 33.

In case it appears upo~the casting up of the votes aforesaid that two or more can idates for any office have an equal number of votes the ret rning officer whether other wise qualified or not shall at the time when he declares the result of the poll give a c ting vote so as to decide the election. 34. Except in such case no1 returning officer shall vote at any election. 35. All deputy returning officers, assistant deputy re turning officers, poll clerks andl constables shall if otherwise qualifit~d be entitled to vote. 36.

The person or personst elected as aforesaid shall make the necessary declaratio of office and qualifications and shall assume office accord ngly. 37. Forthwith after the el~tion the returning officer shall deliver to the city clerk t e ballot boxes, packets and returns and the city clerk sh ll thereafter be responsible for their safe-keeping and for heir delivery when required. 38.

The city clerk shall ret in for one month all halloL papers received by him as af esaid and shall then unless otherwise ordered by a judge ause them to be destroyed in the presence of two witnes s whose affidavit that they have witnessed the destruction of the said papers shall be taken before a justice of the eace or notary public and filed by the city clerk among the records of the city. 39. No person shall be allowe~ to inspect any ballot papers in the custody of the city cl rk except under order of a judge to be granted by the 'udge upon satisfactory evi-

23 dence on oath that the insp ction or production of the ballot papers is required for the urpose of maintaining a prose cution for an offence in rel tion thereto or for the purpose of taking proceedings unde this Act to contest an election or return; and any such der for the inspection or pro duction of ballot papers sh 11 be obeyed by the city clerk. 40. The order shall state he time and place for inspection of such papers and shall ame the persons to be present at such inspection and sha l be made subject to such con dition as the judge thinks e pedient. 4.1.

In case at any time within fourteen days from the time when the ballot paper used at an election have been received by the city clerk, i is on the affidavit of a credible person made to appear to judge that a deputy returning offieer (or assistant dep ty returning officer) in count ing the votes given at any lection has improperly counted or rejected any ballot pa ers, the judge may appoint a time to recount the votes; and he shall cause notice in writing to be given to the candidate or candidates whose scat may be affected of th time and place at which he will. proceed to recount the same. 42.

At the time of thefapplication for a recount the applicant shall deposit wit the clerk or deputy clerk of the ~ourt the sum of $25 s curity for the payment of costs and expenses and the said urn shall not be paid out by the clerk without the order of the judge. 43. The judge, city clerk]with the ballot boxes and each candidate and his agent an counsel notified to attend the recount of votes and repr entatives of the press and no other person (except with he sanction of the judge) shall be entitled to be present at such recount of the votes, 44.

At the time and pl ce appointed the judge shall proceed to recount all the b Hot papers received by the city clerk from the returning o cer as having been given in the elec:tion complained of and e shall in the presence of such parties aforesaid if they at end or in the presence of such of them as do attend ope the sealed packets containing (

a) the used ballot papers hich have not been objected to but which have been coun d, (

b) the ballot papers which have been objected to but ·hich have been counted by the deputy returning officer (or a sistant deputy returning officer), (

c) the rejected ballot pape s, (

d) the spoiled ballot papers, (

e) the unused ballot paper'. In recounting the votes care shall be taken that the mo e in which any particular voter has voted shall not be disco ered. 46. The judge shall as ar as practicable proceed con tinuously with the recount f the votes, allowing only time for refreshments, cxcludin only Sundays and no other days (except as far as he an the said parties agree) the hours between five o'clock in the vening and nine o'clock on the succeeding morning.

Duri g the excluded time the judge shall place the ballot paper, and other documents relating to the election under his ow seal and the seals of such others of the parties as desire to a x their seals and shall otherwise take precautions for the se urity of the papers and docu ments.

2~ 46. The judge shall proc*d to recount the votes as follows: Firstly: He shall examin, the ballot papers. Any ballot paper on which anyth ng except the initials of the deputy returning officer (or assistant deputy returning officer) or the cross or crosse made by the voter written or m~Lrked by which the vo r can be identified and any ballot paper which has bee torn, defaced or otherwise dealt with by the voter so th he can thereby be identified shall be void and shall not e counted.

A ballot paper on which votes are given fo a greater number of candi dates for any office than the voter is entitled to vote for shall be void as regards all t e candidates for that office, but shall be good as regards he votes for any other office in respect to which the voter as not voted for more candi dates than he is entitled; Secondly: He shall make note of any objection made by a candidate or his agent o any ballot paper and shall decide any question arising ut of the objection; and the decision of the judge shall b final; Thirdly: He shall count p the votes given for each candidate upon the ballot p pers not rejected and shall make up a written statement in words as well as in figures of the number of votes given or each candidate and of the number of ballot papers rcjec cd and not counted by him; which statement shall be m de under the several heads following: (

a) Names of candidates; (

b) Number of fir::st, seco d and third choice votes for each candidate and iota thereof; (

c) Ballot papers wanting initials of deputy returning officer (or assistant deputy re urning officer); (

d) Ballot papers rejected as marked for more candi dates than were to be electe ; (

e) Ballot papers rejected a having upon them a writing or mark by which the voter an be identified, or as torn, defaced or otherwise dealt wi 1 by the voter so that he can thereby be identified: _(

f) Ballot papers rejected a~ unmarked or void for uncer tamty.

(2) Upon the completion f the recount or as soon as he has thus ascertained the r sult of the voting the judge shall :3eal up all the ballot pa crs in separate packets and shall forthwith certify the res lt to the city clerk who shall thereupon by notice to be posted in his office declare elected the candidate having he highest number of votes; and in case of an equality of otes the city clerk shall have the casting vote.

(3) Nothing in this sectio~ contained shall prevent or affect any remedy which any person may have under the provisions herein contained y proceedings in the nature of quo warranto or otherwise. 47. All costs, charges and expenses of and incidental to an application for a rec nt and to the proceedings consequent thereto shall be d frayed by the parties to the application in such manner a d in such proportions as the judge may determine regard b ing had to any costs, charges or expenses which in the opi ion of the judge have been caused by vexatious condu t, unfounded allegations or unfounded objections on the part of either the applicant or respondent.

(2) The costs shall be on t1e Supreme Court scale and may (if the judge so orders) be taxed in the same manner and according to the same rinciples as costs are taxed between solicitor and client.

(3) The payment of any ~osts ordered by the judge to be paid may be enforced b execution to be issued upon filing the order of the judge nd a certificate showing the amount at which the costs ere taxed and an affidavit of the nonpayment thereof. 48. No person shall- (

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

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

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

d) Without due authority estray, take, open or other wise interfere with any ballot ox or packet of ballot papers then iin use for the purpose o the election; or (

e) Apply for a ballot pap r in the name of some other person whether such name is t at of a person living or dead or of a fictitious person or adv se or abet, counsel or procure any other person so to do (b t this provision shall not be construed as including a per on who applies for a ballot paper believing he is the p son intended by the name entered on the voters' list in r spect of which he so applies); or (

f) Having voted once an~ not being entitled to vote again at an election apply at he same election for a ballot paper in his own name or adv se or abet or counsel or pro cure any other person so to d ; (

g) No person shall atte pt to commit any offence specified in this section.

(3) A person guilty of a]y violation of this

section shall be liable if he is the retu ning officer to imprisonment for any term not exceeding two years with or without hard labour; and if he is any ther person. to imprisonment for a term not exceeding six onths with or without hard labour. 49.

Every returning office , deputy returning officer, assista.nt deput.y returning offi er or poll clerk who is guilty of any wilful miRfeasance or any wilful act or omission in contravention of sections to 34 inclusive of this title shall in addition to any other penalty or liability to which he may be subject forfeit to a y person aggrieved by such misfeasance, act or omission, a penal sum of $200. 50. Every officer, clerk an agent in attendance at a polling place shall maintain nd aid in maintaininp; the secrecy of the voting at the p lling places. -

(2) No officer, clerk and n other person shall interfere with or attempt to interfere ith a voter when marking his ballot paper or shall oth rwise attempt to obtain at the polling place information s to the candidate or can didates for whom any voter a such polling place is about to vote or has voted.

(3) No officer, clerk or agenJt or other person shall com municate at any time to any I person any information ob-

26 taincd at a polling place as to t~e candidate or candidates for whom any voter at such polling place is about to vote or has voted.

(4) Every officer, clerk and J.ent in attendance at the counting; of the votes shall main in and aid in maintaining the secrecy of the voting and s all not communicate nor attempt to communicate any in rmation obtained at such counting; as to the candidate or candidates for whom any vote is given.

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

(6) Every pen;on who acts in:fcontmvention of this sec tion shall be liable on

summary onviction before a justice of the peace to imprisonment f r any term not exceeding six months with or without har labour. 51. No person who has voted t:t an election shall in any legal proceeding to question the lection or return or other wise rela,ting thereto be required to state for whom he has voted. 52. A candidate may himself ~ndertake the duties which any agent of his might have un ertakcn or he may assist his agent in the performance of such duties and may be present :at any place at which his agent is by this Act authorized to attend but no c ndidate shall be present at the marking of a ballot for a voter under

section 17 of this title. fi3. When in this title expre sions are used requiring or authorizing any act or thin to be done or implying that any act or thing is to be d ne in the presence of the agents of a candidate or candid tes such expression shall be deemed to refer to the prese ce of such agents as arc , authorized to attend and as hav in fact attended at the time and place where such act or hing is being done; and if the act or thing is otherwise duly done the non-attendance of any agent at such time and pl ce shall not invalidate it. 54.

No election shall be dccl red invalid by reason of a noncompliance with the provis ons of this Act as to the holding of the poll or the counti g of the votes or by rea son of any mistake in the use of ny of the forms contained in this Act or by reason of any ther irregularity if it ap pears to the tribunal having c gnizance of the question that the election was conducte in accordance with the principlee1 laid down in this Act, and that such noncom pliance, mistake or irregularity did not affect the result of the election. 5fi.

All reasonable expenses fcurred at any election under this Act shall be paid by th city clerk out of the funds of the city upon the production o him of proper accounts verified in such manner as the c uncil may direct. 56. The city council may byty-law authorize the use of voting; machines, provided s id machines are so con structed to carry out the provisio s of this charter in refer ence to Preferential Voting; prov' ed, however, said by-law may be ,adopted only upon vot of the qualified electors of the city.

27 TITLE VI. SCHOOLS AND I SCHOOL TRUSTEES. 1. The boards of pub~li and separate school truste!'ls of any district of which the city forms part shall give notice to the city clerk before th 15th day of November in each year of the number of v cancies required to be filled to make the school board co plete. :2. When notice has bee~given to the city clerk provided in the next preceding sect on the nomination and election of school trustees shall be eld at the same time and place and by the same officers a shall be conducted in the same manner as the nomination and election of mayor and com missioners. 3.

All the provisions ii this Act contained respecting election and qualification f commissioners and the quali fication of electors shall m tatis mutandis apply to the elec tion of school trustees, exc pt that a school trustee may be either male or female. 4.

In the lists of qualifi d voters to be delivered to the returning officer by the c ty clerk before the opening of the polls the city clerk s all place opposite the names of any persons on the said l st who are assessed on the last revised assessment roll a supporters of separate schools the letters "S.S.S." and o deputy returning officer (or assistant deputy returni officer) shall deliver to any such person ~a ballot pape for the public school trustees. 5.

In case any objecti~n is made to the right of any person to vote at an elec ion of school trustees the officer presiding at the poll shal require the person whose right of voting is objected to, to ,ake the oaths required by

section ! of title V. 6. A separate set of bilot papers shall be prepared by the returning officer at ea h election containing the names of the. candidates nominat d for school trustees in the same form as those used for the election of commissioners except that the words "public r separate school trustee" shall be substituted for the ord "commissioner" thereon. 7.

The hoards of scho l trustees of all school districts of which t.he city forms art, shall give notice to the city clerk, on or before the 3 th day of June in each year, of the amount required by them for the purposes of their schools during the curre year, but such HUmR shall not exceed an amount equal to fifteen mills on the dollar, according to the last revi ed assessment roll of the city on the property liable to as ssment for ordinary school pur poses with such addition l amount as may be necessary to meet any debenture d bt that may have been incurred and may be coming due a d for the purposes of this

section all land and personal pro erty and income in any portion of any such district not ·ithin the limits of the city shall be deemed to be within t c limits thereon, and be assessed and taxes collected there n as if the same were in such limits.

28 TITLE VII. CORRUP'lJ PRACTICES. 1. The following pers ns shall be deemed guilty of bribery and shall be puni hed accordingly: (

a) Every person who directly or indirectly by himself or by any other person o his behalf gives, •lends or agrees to give or lend or offer, or promises money or valuable considerations or gives procures or agrees to give or procure or offers or pro ises any office, place or employ ment to or for any electo or to or for any person in order to induce any elector to v te or to refrain from voting at an ellection in order to indu e any burgess to vote or refrain from voting upon a by-la for raising money or creating a debt or who corruptly do s any such act as aforesaid on aecount of such elector r burgess having voted or having refrained from voting at s ch election or upon such by-law. (

b) Every person who directly or indirectly by himself or by any other person o his behalf makes any gift, loan, offer, promise, or agreeme t as aforesaid to or for any person in order to induce such person to procure or defeat or endeavour to procure or defeat the return of any person to serve in the council or to procure or defeat the passing of any by-law as aforesa d or the vote of any elector at an election or of any burg ss at the voting upon any by-law. (

c) Every person who y reason of any such gift, loan, offer, promise, procure ent or agreement procures or engages or promises or ndeavours to procure or defeat the return of any person ir an election or to procure or defeat the passing of any by-la as aforesaid or the vote of any elector at an election o the vote of any burgess at the voting upon a by-law. (

d) Every person who advances or pays or causes to be paid money to or to he use of any other person with the intent that such mo ey or any part thereof shall be expended in bribery at a election or at any voting upon any such by-law as afor said or who knowingly pays or causes to be paid any m ney to any person in discharge or repayment of any mo ey wholly or in part expended in bribery at any such el ction or at the voting upon any such by-law. (

e) Every elector or burg ss who before or during an election or before or during the vo ing on any such by-law directly or indirectly by himself any other person on his behalf receives, agrees or contra ts for any money, gift, loan or valuable consideration, ffice, place or employment for himself or any other per on for voting or agreeing to vote or refraining or agreeing to refrain from voting at any such election or upon a y such by-law. (

f) Every person who ter any such election or the vot ing upon any such by-la directly or indirectly by himself or any other person on is behalf receives any money or valuable consideration o account of any person having voted or refrained from v ting or having induced any other person to vote or refrain rom voting at any such election or upon any such by-law. (

g) Every person who$hires horses, teams, carriages, or other vehicles for the urpose of conveying electors or burgesses to or from the p lls and every person who receives

29 pay fm the use of any horse, tq:tm, -.;a.niage or other vehicle for the purpose of conveying I electors or burgesses to or from any polls as aforesaid. 2.

Every person who direct y or indirectly by himself or by any other person on his half makes use of or threat ens to make use of any force, v olence or restraint, or inflicts or threatens the infliction by · mself or by or through any other person of any injury, d mage, harm, or loss, or in any manner practise intimidati n upon or against any person in order to induce or compel an such person to vote or to refrain from voting at any electi nor at the voting upon any such by-law or on account of ny such person having voted or refrained from voting the eat or who by abduction, duress or any fraudulent device or contrivance impedes, pre vents, or otherwise interferes ith the free exercise of the franchise of an elector or urgess or thereby compels induces or prevails upon an e ector or burgess to give or refrain from giving his vote a an election or at the vote upon any by-law shall be dee ed to have committed the offence of undue influence and hall incur a penalty of $100 and shall be disqualified from ting at any election or upon any by-law for the next suece ing two years. 3.

The actual personal ex~nses of a candidate, his expenses for actual profession services performed and all bona fide payments for the fair osts of printing and adver tising shall be held to be expen es lawfully incurred and the payment thereof shall not be contravention of this Act. 4. When, on a motion in tht nature of a quo warranto, a ques·tion is raised as to wh ther the candidate or any voter has been guilty of any vio ation of

section 1 or

section 2 of this title, affidavit evidenc shall not be used to prove the offence but it shall be pro ed by viva voce evidence. 5. Any candidate elected at an election who is found guilty by a judge upon the hear ng of a motion in the nature of a quo warranto of any act o bribery or of using undue influence as aforesaid shall fo feit his seat and shall he ineligible as a candidate at ny election for four years thereafter. · 6.

Any person who is adjuiged guilty of any offence within the meaning of sections or 2 of this title shall incur a penalty of $100 and shall e disqualified from voting at any election or upon any by law for the next succeeding two years. 7. The money penalty impos d by the preceding

section shall be recoverable with full c ts of suit (Class

A) by any person who sues for the same in the Supreme Court and any person against whom judgmen is rendered shall be ineli gible either as a candidate or n elector until the amount so recovered against him has b en fully paid and satisfied. 8. The judge may direct t at in default of payment of the said penalty and costs ithin the time fixed by the judge the offender shall be i nprisoned for such period not exceeding thirty days as is d rected by the said judgment and in ease of such default of p yment the judge may issue a warrant for the arrest and i prisonment of the offender

in accordance with the said 1udgment until the penalty and costs are fully paid or f~r such other period as the order may direct. 9. The judge who finds anJ candidate guilty of a con travention of

section 1 or se tion 2 of this title or who condemns any person to pay any penalty imposed under sections () or 7 of this title sh II report the same forthwith to the city clerk. 10. The city clerk shall enttr in a book to be kept for that purpose the names of al persons who have been so adjudged gutlty of any offence ·ahin the meaning of

section 1 or se~tion 2 of this title a 1d whose names have been reported to him by the judge aforesaid. 11. Every Witness shall be ound to attend before the judge upon being served with he order of the judge direct ing his attendance and upo payment of the necessary witness fees and conduct man y as if he had been directed by a subpoena to attend and · default thereof he may be punished for contempt and s all be liable to all the pen alties for such non-attendanc in the same manner as if he had been served with a su oena. 12.

No person shall be e cused from answering any question put to him upon th hearing of any motion in the nature of a quo warranto o in any proceeding touching or concerning any election or he voting upon any by-law or the conduct of any perso in relation thereto on the ground of any privilege or on e ground that the answer to the question will intimidate hi or will tend to incriminate him; but no answer to any su h question shall be used in any proceeding under this Ac against such person if the judge gives to him a certificat that he made full and true answers to the satisfaction of he judge. 13.

All proceedings under t cation in the nature of a quo for any violation of

section 1 be commenced within four which the offence is alleged within four weeks after the da as aforesaid. is title other than an appli arranto against any person r

section 2 of this title shall ·eeks after the election at o have been committed or of the voting upon a by-law 14.

No pecuniary penalty or forfeiture imposed by this Act shall be recoverable f r any act of bribery or cor rupt practice at an election or at the voting upon a by-law in case it appears that the erson charged and another person or other persons were together guilty of the act charged either as giver or r ceiver or as accomplices or otherwise and that the per on charged has previously bona jide prosecuted the other person or persons or any of Lhem for the said act; but t is provision shall not apply in case the judge before whom t e person claiming the benefit thereof is charged certifies th t it clearly appears to him that the person so charged ook the first step towards the commission of the offen e charged and was in fact the principal offender. 15.

The city clerk shall p1or to every election or the voting upon any by-law fur ish every deputy returning officer and assistant deputy r turning officer with at least

two copies of the sections ~ this title numbered from 1 to 14, inclusive, and it shall e the duty of the officer pre- siding at every polling place post the same in conspicuous places at his polling place d to see that they are kept so posted up during the hour of polling. TITL~ VIII. INITIJA_ TIVE. 1.

Any proposed new by- aw may be submitted to the council by petition signed y duly qualified ·voters, en titled to vote and equal in n mber to not less than twenty per cent. of the total numb of persons who voted at the final election then last held If such petition be filed in the office of the city clerk d contain a request that the proposed new by-law if no passed by the council, shall be submitted to a vote of th people, the council, provided said by-law be one which it has a right to pass, shall- (

a) Pass said by-law wit out· alteration, within twenty days after the attachment of the city clerk's certificate of sufficiency to such petitio ; or (

b) Forthwith, after the ity clerk shall attach to the petition accompanying such by-law his certificate of suffi ciency, the council shall call special election, unless a civic election is to be held within thirty days thereafter, and at such special or civic electio , if one is so to be held, such by-law shall be submitted ithout alteration to the vote of the electors of said city. 2. The ballots used when voting upon said by-law shall contain these words "for the y-law," "against the by-law" (stating the nature of the p oposed by-law).

If a major ity of the qualified electors oting on the proposed by-law shall vote in favour thereof such by-law shall thereupon become a valid and bindin by-law of the city; and any by-btw proposed by petitio , or which shall be adopted by 2, vote of the people, c nnot be repealed or amended except by a vote of the peo e. 3. Any number of propos~d by-laws may be voted upon at the same election, in a cordance with the provisions of this section; but there sha l not be more than one special election in any period of si months for such purpose. 4.

The council may subm t a proposition for the repeal of any such by-law or for a endment thereto, to be voted upon at any succeeding gener l civic election; and should such proposition so submitted re eive a majority of the votes cast thereon at such electi n, such by-law shall thereby be repealed or amended acco ingly.

Whenever any by-law or proposition is required b this Act to be submitted to the voters of the city at an election, the city clerk shall cause such by-law or propo ition to be published once in each of the daily newspape s published in the said city; such publication to be not ore than twenty or less than five days before the submiss on of such by-law or proposi tion to be voted on. 5. Petitions under the p~ov1sions of this

section may consist of one or more dist~nct papers. In each of such

32 papers the by-law, the pass ge of which is requested, shall be set forth or referred to, d all such papers filed in any one day in the office of the city clerk shall be deemed to be parts of the same peti ion. Such petitions shall be signed, sworn to as to sign turcs, examined, re-examined, presented to the council, sh ll have the city clerk's certi ficaLe of sufficiency or insu ciency attached thereto, and may be supplemented in t e same manner as petitions filed under

section 11, title V, of this Act. Any by-laws passed under the provisions of this

section by the council, or by the voters, may pres ribe such penalty for its vio lation as the council shall ave a right to affix to a like by-law for a breach thereof TITJiE IX. REFERJENDUM. 1. No new by-law passed by the council, except such as relates to the immediate p servation of the public health, safety or peace and which contains a statement of its urgency, shall go into effect ntil the expiration of twenty days from the time of its nal passage by the council, during which time it shall be on file in the office of the city clerk, open for public inspect· n.

If during the ~aid twenty days,, a petition signed by uly qualified voters entitled to vote and equal in number o twenty per cent. of the total number of persons who vote at the final election then last held, and protesting agains the passage of such by-law shall be filed in the office o the city clerk, such by-law shall be suspended from goi g into operation, and it shall be the duty of the council reconsider the same, and if it is not entirely repealed th council shall submit it, as is provided in subdivision (

b) o the preceding

section to the duly qualified v,oters of the cit , entitled to vote and the said by-law shall not go into effe t or become operative unless a majority of the voters, q lified as aforesaid voting on the same shall vote in favour thereof. The vote upon such by-law at a general election shall be taken by ballot in answer to the question "Shall he by-law (stating the nature of the same) take effect?" hich shall be printed on the ballot after the list of candi atcs, if there be any. Peti tions under the provisions o this

section may consist of one or more distinct papers. In each of such papers the by-law, the passage of which ·s protested, shall be set forth or referred to, and all such papers filed in any one day shall be deemed to be parts of the same petition. Such petitions shall be signed, sw rn to as to signature, exam ined, re-examined, presented o the council, shall have the city clerk's certificate of suffic ency or insufficiency attached thereto. TITLIE X. REC.Io..LL. The mayor or any commis,ioner may be removed from office at any time by the vo ers qualified and entitled to vote at civic elections, and the procedure to effect his removal shall be as follows:

33 .A petition signed by uly qualified yoters, entitled to vote aml equal in numbe to not less than fifteen per cent. of the total number of per· ns who voted at the final elec tion then last held, deman 'ng an election of a successor to the person sought to be re oved, shall be filed in the office . of the city clerk. Such etition shall contain a general statement of the grounds u on which the removal is sought.

It need not be on one pa er, but may consist of several distinct papers, each con aining the said demand and substantially upon the sa e groun,ds, and all papers con taining the said demand a d statement which, in any one day, shall he filed at the office of the city clerk, shall be deemed parts of the same "petition. Every signer e shall add to his si nature his place of residence, giving the street and numb r, if any.

One signer of every such paper shall make o th upon his information and belief, before a notary pu lie, or a justice of the peace, that the statements therei made are true, and that each signature to such paper is a genuine signature of the person whose name it purports to be.

Within ten days after the date of the filing of such p titian, the city clerk, for whom the council shall provide s ch assistance as may be neces sary, shall examine the p tition to ascertain whether or not it is signed by the requ site number of voters, as above prescribed, and shall attac to said petition his certificate showing the result of his xamination.

If, from the city clerk's certificate the peti ion appears not to be signed by the requisite number of oters, it may be supplemented, within ten days after the d te of such certificate, by other papers, signed and sworn o as aforesaid, and all other papers containing a like de and and statement, and signed and sworn to as aforesaid, shall be deemed supplemental to the original petition. he city clerk shall, within ten days after the expiration f the time allowed for filing the supplementary petitio , make a like examination of such petition, if any is fil d, and shall attach thereto a new certificate, and, if it ap ears from• such new certificate, that the petition is still in ufficient as to the number of fligners as aforesaid, it shal be returned to the person or persons filing the same, ithout prejudice, however, to the filing of a new petiti to the same effect.

If the petition as originally filed o as supplemented, shall be cer tified by the city clerk to be sufficient, he shall present the same to the council with ut delay, and the council shall order the election so dema ded, and shall fix a date for holding the same, which sh 11 not be less than thirty nor more than forty days afte the date when the petition was presented by the city cl rk to the council.

The council shall make or cause to be de all arrangements for hold ing such election, and the sa e shall be held and conducted, returns thereof made and the results thereof declared in a.ll respects as in the cas of other civic elections. The successor of any person re oved shall hold office during the unexpired term of his p edcccssor. Any person sought to be removed may be a candidate at such election, and unless he requests otherwise in writ ing, the city clerk shall plac his name on the official ballots without nomination. The person receiving the highest number of votes shall be dec red elected.

If a person other than the incumbent receive the highest number of votes, the incumbent shall thereu on be deemed to be removed from office. In case a per on other than the incumbent receives the highest numb · of votes he shall be sworn

34 into office within one week after his election. If the in cumbent receives the highe t number of votes, he shall continue in office until the nd of the term which· he wa~S serving at the time 'of such lection, unless sooner removed therefrom by new and lik proceedings. The name of no candidates other than the persons sought to be removed shall be printed on the offic al ballots to be. used at such election, unless such candid tes be nominated as herein before provided at a prelim nary election. TITtlE XI. V ACAjNCIES. 1.

The mayor or any immissioner may resign his seat in the council at any eting of the council with the consent of the majority of t e members present. 2.

In case of the resignat' n, death or removal of any member of the council or in t e event of a .vacancy occuring in the council from any ca se whatsoever the council at its next meeting shall order an election and the member so elected shall hold office f the unexpired period of the member whose place he was lee ted to fill: Provided always that if s ch unexpired period shall be less than two months the co neil may instead of ordering an election may appoint so ne person to complete such term. 3.

If after the election of illy person as a member of the council he is convicted of felo or infamous crime or absents himself from the meetings of the council for three months without being authorized so to do by a resolution of the coun cil entered upon its minutes, his seat in the council shall 1:pso facto become vacant an the council shall forthwith declare the seat vacant. 4.

In the event of a me~ber of the council forfeiting his seat at the council or · s right thereto or becoming disqualified to hold his seat of his seat becoming vacant by disqualifications or other ise he shall forthwith resign his scat and in the event of his omitting to do so within ten days thereafter proceedi gs may be taken to unseat him as hereinafter provided. 5. In case the validity of he election of the mayor or a commissioner or his right o hold the seat is contested the same may be tried by a judge.

Any candidate at the election or any elector w o gave or tendered his vote thereat or in case of an. clectio by acclamation or in case the right to sit is contested on t c ground that a member of the council has become dis ualified or has forfeited his seat since his election, any e ector may be the relator for the purpose. 6.

If within six weeks afte! the election a relator shows by affidavit to a judge reas nable ground for supposing that the election was not legal or was not conducted accord ing to law or that the person declared elected thereat was not duly elected or for conte ting the validity of the elec tion of the mayor or of any c mmissioner or in case at any

35 time a relator shows by affidavit to a judge reasonable ground for supposing th a member of the council has forfeited his seat or has b come disqualified since his elec tion and has not resigne his seat, the judge may grant his fiat authorizing the r lator upon entering into a suffi cient recognizance as here' after provided to serve a notice of motion in the nature f a quo warranto to determine 'the matter. . · (

a) The recognizance s all be entered into before the judge or before a comm ssioner for taking affidavits by the relator in the sum of $200 and by two sureties, to be allowed as sufficient by t e judge upon affidavits of justi fication, each in the sum f $100; and shall be condit.ioned to prosecute the motion w th effect and to pay to the party against whom the moti01 is made, who is herein called "the respondent," and c sts which may be adjudged to him against the relator. (

b) When the sufficien! of the said sureties has been determined and the said ecognizance has been allowed as sufficient by the judgehe hall note or indorse thereon and upon the fiat allowing ser ice of the notion of motion the words "recognizance allo ed" and shall initial the same. 7. The notice of motio~ shall be at least a seven clear days' notice and it may eit er state the return of the motion or may state that the m tion will be made on the eighth day after the day of ser ice of the notice excluding the day of service. (

a) The relator in his wtice of motion shall set forth .his name in full, his occ pation, place of residence and the interest which he has in the election as a candidate or an elector and shall also state specifically under distinct he·ads all the grounds of objection to the validity of the election complained again t and in favour of the validity of the election of the re ator or of any other person or persons where the relator ·laims that he or they or any of them have been duly elect d or on the grounds of forfeiture or disqualification of the r spondent or as the case may be. 8.

Before serving his niice of motion the relator shall file all the affidavits and terial upon which he intends to rely except where viva vo e evidence is to be taken. In that case he shall name i his notice the witnesses whom he proposes to examine. 9. The notice of rnotionf'hall be served personally unless the person to be served eeps out of the way to avoid personal service in which c se the judge upon being satisfied thereof by affidavit or ot erwise may make an order for such substitutional service as he thinks fit. 10.

Service of the notict of motion shall be made within two weeks from the date o the fiat so granted by the judge unless otherwise ordered y the judge. 11. In case the relator {alleges that he himself or some other person has been d ly elected the motion shall be to try the validity both o the election complained of and of the alleged election of t e relator or other person or per sons.

12. In case any of the grounts of objection apply equally to two or more persons elect d the relator may proceed by one motion against such pe sons. 13. Upon hearing of the otion the relator shall not be allowed to object to the election of the respondent or to attack his right to sit to support the election of any person alleged to have een duly elected upon any ground not specified in the no ·ce of motion; but the judge in his discretion may entert in any substantial ground of objection to or in support o the validity of the election of either or any of the

partie as may appear in the evi dence befqre him. 14. The judge may requirl the city clerk to produce before him such ballot paper , books, voters' and other lists and such other records of the election and papers in his hands connected therew· h as to the judge may from time to time seem. fit. 15. The judge may if he Jhinks proper at any stage of the proceedings make an order adding the returning officer or any deputy returnin officer or assistant deputy returning officer or any perso as a party thereto. 16.

The judge may allow f,ny persons entitled to be a relator to intervene and prose ute or defend and may grant a reasonable time for that purp se; and an intervening party shall be liable or entitled to c sts like any other party to the proceedings. 17. The judge shall in alsummary manner without formal pleadings hear and d ermine the validity of the election or the right of the espondent to sit, and may enquire into the facts ·on affid vit or affirmation or by oml test.imony. 18.

In case the election com~ained of is adjudged invalid the judge shall by the judg ent order the respondent to be removed and his seat hall ipso facto be vacated; and in case the judge deter. ines that any other person was duly elected, the judge sh 11 forthwith order such other person to be admitted to the ffice. 19.

Where an election ha been held invalid owing to the improper refusal of an returning officer or deputy returning officer or assistant deputy returning officer to receive ballot papers tendere by duly qualified electors or to give ballot papers to dul qualified electors the judge may in his discretion order he costs of the proceedings to unseat the person declared elected or any part thereof or any other costs to be pai by such returning officer. deputy returning officer or assistant deputy returning officer .. (

a) Nothing herein conta~· ed shall affect any right of action against a returni g officer, deputy returning officer, or assistant deputy r turning officer, or shall be deemed to relieve such retur ng officer, deputy returning officer or assistant deputy ret ruing officer from any other penalty or punishment to whic he may be liable under the provisions of this Act.

37 20. After the adjudication upontthe ease an order shall be drawn up in the usual manner w ich shall state concisely the ground and effect of the decis on which order may be at any time amended by the judge in regard to any matter of form and the order shall have t e same force and effect as a writ of mandamus formerly h d in the like case. 21.

The judge shall immediat Jy after his decision return his order with all things h d before him touching the same to the proper office of the court in which the pro ceedings are entitled there to remain on record as a judgment of the court; and as occasion requir s the judgment may be enforced in the 8ame manner as a ordinary order of man damus and for the costs awarded y writs of execution. 22.

Any person whose election i, complained of, unless such election is complained of on the ground of corrupt practises on the part of such pers , or any person whose seat is attacked on the ground t at he has become dis qualified or has forfeited his seat may within one week after service on him of a notice of motion as aforesaid transmit postpaid through the po t office directed to the "Clerk of the Supreme Court, Lethbridge," and also to the relator or his advocate or h may cause to be deliv ered to the said clerk or deputy erk and to the relator or his advocate a disclaimer sign d by him in the form or to the effect following: "I, A.B., upon whom a notice f motion in the nature of a q'Uo warranto has been served or the purpose of con testing my right to the office of ayor (or commissioner) of the City of Lethbridge, do hereb disclaim the said office and all defence to any right I may ave to same.

"Dated this. . da of. . . . . . . . . "(Signed) A.B." 23. The disclaimer or the envelo~e containing the same shall be endorsed on the outside hereof with the word "disclaimer" and shall be registe ed at the post office where it is mailed. 24.

Where there has been a contetted election the person elected may at any time after the election and before his election is complained of deliver t the city clerk a dis claimer signed by him as follows: "I, A.B., do hereby disclaim a~ right to the office of mayor (or commissioner) for the ity of Lethbridge and all defence of any right I may have o the same. ''Dated this. . . . . . . .. day of. . . , . . . . . "(Signed) A.B." 26.

A disclaimer filed un.der sect~· u 24 of this title shall relieve the person making it fro all liability to costs and where a disclaimer has been m de in accordance with sections 22 or 24 of this title it shall perate as a resignation and the vacancy so created shall l e filled in the manner provided by

section 2 of this title. 26. Every person disclaiming unr:er

section 22 of this title shall deliver a duplicate of his disclaimer to the city clerk and the C;ity clerk shall f rthwith communicate the same to the council.

38 27. The procedure in any profeeding under this Act shall be that of the Supreme Cou~t in like cases as far as the same is applicable. TITLE X!l. MEETINGS OF COPNCIL. 1. The first meeting of the coJncil in each year shall be held on the third day of J anua y except when that day is a public: holiday, in which case the meeting shall take place on the next subsequent day which is not a holiday, and the council shall hold regular meetings at least once a week. 2. A m2~jority of the whole CutJUH.:il shall be necessary to form a quorum. 3.

The council shall hold its ofinary meetings openly and no person shall be excluded e cept for improper con duct, but the person presiding at ny meeting may cause to be expelled and excluded an person who has been guilty of improper conduct at sue 1 meeting. TITLE XII~. MAYOR. 1.

The mayor shall be the c ·er executive officer of the city and it shall be his duty t be vigilant and active in causing the laws governing the ity to be duly executed, to inspect the conduct of all civi officers and so far as is in his power to cause all neg gence, carelessness and violation of duty to be duly prose uted and punished and to communicate from time to tim to the council all such information and to recommend uch mea.o;;ures a.o;; may tend to the betterment of the fi ances, health, security, cleanliness, comfort, ornament an prosperity of the city. 2.

The mayor may suspend an ' municipal officer and he shall thereupon report such su. pension and the reason therefor to the council who may ei .her dismiss or rcim;;tat.c the suspended officer and in case h is afterwards dismissed such officer shall receive no salar or remuneration from the date of such suspension m1les. the council by a reso lution to be passed by a three fourths vote otherwise determine. 3. The mayor shall preside at all!meetings of the council. He shall preserve order, and enforc the rules of the council and he shall sign, jointly with the c ty clerk, all the cheques issued by the city. 4.

At the first meeting of Lhe c}uncil in each year, the council shall appoint a vice-mayo to act in the absence or illness of the mayor, and who sh 11 have all the power of the mayor during such absence o illness. t;uch appoint ment shall be for six months, and a new vice-mayor shall be appointed each six months.

39 5. If the person who olght to preside at any meetings of the council does not at end within fifteen minutes after the hour appointed for t e meeting the members of the council who are present m y appoint a chairman who shall during the meeting have t e same authority as the absent person would have had. 6.

The mayor or othcrffficer presiding at any meeting of the council may vote ith the other members on all questions except where he is disqualified to vote by reason of interest or otherwise d, save as otherwise provided herein, any question upo which there is an equality of votes shall be deemed to b negatived. 7. The mayor shall ca~l special meetings of the council whenever requested in iting so to do by a majority of the council and all the members of the council shall be duly notified of the meet ng of at least eight hours prior thereto and in general te ms of the business to be tran sacted thereat. 8.

If so requested at aly time by the written petition of fifty electors the mayo shall by a printed public notice conspicuously posted up i at least ten places in the city call a public meeting of the electors for the discussion of the municipal affairs of he city or of any matters relating thereto. TitLE XIV OfFICIALS. 1.

The council shall ~ppoint a city clerk, treasurer, a city solicitor, a city e gineer, a sanitary health officer, a liquor license inspecto , an assessor, and one or more auditors and appoint sue other officers as they deem nec essary or expedient to ap oint for the purpose of carryin~ into effect the provisions of this Act or of any by-law of the city. 2. The council shall !ot make any appointment, to office or any arrangemen for the discharge of the duties of any municipal office b tender. 3.

All officers appointe by the council shall hold office during the pleasure of ,he council or according to the terms expressed in the by law by which they arc appointed and in addition to the uties assigned to them by thiH Act or by the general la of the Province of Alberta shall perform such other dutie as may be required of them by the by-laws of the counci . 4.

In addition to defi ing the duties of any officer the council may by by-law 1 quire him to give such security as they deem expedient for the faithful performance of his duties, and during th month of January in each year all such securities shall b produced to the mayor and shall be laid by him before th council. 5. The bonds or pqlicit of guarantee of any corporation empowered to grant sec rities, bonds or policies for the integrity and faithful ac ounting of public officers or scr-

40 vants occupying positions pf trust may be accepted instead of or in addition to the p$-sonal bond of any officer of the city. 6. Every officer, servalt and agent of the city shall be personally liable for a y damage arising from his acts or by defaults or from hi refusal or neglect to discharge the duties imposed upon im by law or by this Act or by the by-laws of the coun il in addition to any penalties otherwise imposed for the said acts or defaults. 7.

The council may gr nt any officer who has been in the service of the city in h1ding its previous existence as a town for at least twen y years and who while in such service has become inca able through age or illness of efficiently discharging the duties of his office a RUm not exceeding his aggregate alary for the last three years of his service as a gratuit r upon his dismissal or resigna tion. TITLE XV. CITY CLERK's PFFICE AND DUTIEs. 1.

The city clerk shall a tend all meetings of the council and shall truly record in book without note or comment all resolutions, decisions and other proceedings of the council and if required by ny member present shall record the name and vote of ever member voting on any matter submitted. He shall saf y keep all books, documents, records and accounts of t e council, the originals of duly certified copies of all by-la s thereof. :2.

In case the city cle~ is absent or is incapable of performing his duties the c uncil may by resolution appoint some penmn to act in his stead during the period of such absence or incapability; a during such period the person so appointed shall have al the powers of the city clerk. 3.

Any elector may a all reasonable times inspect any books, records, docu ents or accounts in the pos session of the city clerk i eluding minutes of proceedings of the council or of comi ttees of the council, a:isessment rolls, voters' lists, poll b oks, and all other documents in the possession of the ci y clerk and the city clerk Rhall within a reasonable time f rnish copies of any such docu ments or extracts therefro to any such applicant at the rate of ten cents per hund ed words. 4.

A copy of any such b ok, record, document ur account certified under the hand of the city clerk and the city seal ma.y, after the original the eo£ has been produced, be filed in court in lieu of such o iginal and shall be received in evidence without proof of the seal of the city or of the signature or official chara ter of the person appearing to have signed the same unle s the court or a judge thereof otherwise orders.

41 TitrLE XVI. TREASURER's! OFFICE AND DUTIES. 1. The treasurer shall ieceive and safely keep all moneys belonging or accruing du to the city from whatever source and shall pay out the s me only to such persons and in such manner as is direc ed by law or by by-laws or by resolutions of the council 2.

The treasurer shallfdaily or as often as the council may direct deposit in th name of the city in some char tered bank designated by esolution of the council all moneys received by him in excess of $100, and he shall jointly with the mayor sign all necess ry cheques. 3. 1n addition to any other books which the council may require him to keep e treaRurer shall keep a book to be known as the "Cash Boo " on the left hand page of which he shall enter in consccu ive order all sums of money re ceived by him, the date of the receipt thereof, and the names of the persons from who 1 and on what account the same were received and the a aunts thereof; and on the right hand page he shall in lik order enter all moneys paid out by him, the date of th payment thereof, the persons to whom and on what ac ount the same were paid and the amount thereof. (

b) The "Cash Book" shall at all times be open for inspection by any membe of the council and by the audi tors and Rhall be produce and exhibited by the tresaurer at all meetings of the cou ell at which he shall be directed to produce it; and at th times of such meetings it shall show the balance on han in two items, namely: (1) the balance deposited to the credit of the city and (2) the balance remaining in the hands of the treasurer. (

c) No entry other tha a cash entry shall be made in the "Cash Book" but e treasurer shall keep a book to be known as the "Jour al," in which he shall duly enter all debits and credits not onsisting of cash. (

d) The term "Cash" shall mean lawful eurrenc;y of Canada, cheques and oth r representatives of cash as are usually received and ere ited as cash by the chartered banks of Canada. (

c) The "Cash Book "I and "Journal" shall be pro vided at the expense of ~nd shall be the property of the city. (

f) The treasurer shall~ also prepare and submit to the council half-yearly or of ener if required by the council a correct statement of th financial affairs of the city. TI'I)LE XVII. PLAN OF CITY. 1. The council may aploint a city engineer whose duty it shall be to prepare sue 1 plans or books of reference as the council may direct a d perform such other duties as are required of him by an by-law of the city.

42 2. No building shall be h~eafter erected in the City of Lethbridge unless and until lans and specifications thereof have been filed with the city engineer or some other officer appointed by the council th refor and approved by him and any person contravenin the provisions of this sub

section shall be liable to a p nalty of $100. TITLE I XVIII. CITY SOtiCITOR. 1. The council may appoinl a member of the law society of the Province of Alberta as city solicitor and may deter mine his duties and the terns and period of his employ ment. 2.

In case the rcmuneratio of the city solicitor so ap pointed is to be wholly or p rtly by salary the city shall notwithstanding be entitled t tax and collect lawful costs in all actions mid proceedings to which the city is a party; provided such costs are by te ms of the engagement of the city solicitor payable to him as part of his remuneration in addition to his salary. TITLEIXIX. AUDkT. 1.

The council shall at its first meeting in each year or within one month thereaft r appoint one or more audi tors who shall be members f the institute of chartered accountants of Alberta, but n one who then or during the preceding year is or was a m ber or is or was city clerk or who has had during the pre eding year directly or indir ectly, alone, or with any oth r person a share or interest in any contract or employment with or in behalf of the city, except afi auditor, shall be so a pointed. 2.

The auditor or auditors~so appointed shall at least once in every three months during the year examine, audit and report upon all b oks and accounts affecting the city or relating to any matt r under its control or within it::; jurisdiction and after the e amination of every account, voucher, receipt and paid deb 1ture shall initial the same. 3. The council may by by-ltw provide that the auditor or a'uditors shall audit all acco nts before they are paid. 4.

On or before the first da of March in each year the auditor or auditors shall prepa , in such form as the coun cil may by resolution direct, n abstract of the receipt::;, expenditures, assets and liabil ties of the city up to the 31st of December of the prece ing year, including a state ment showing the total amou t of debentures authorized to be issued and the debentures· ·tually issued, those actually sold or otherwise and how disp sed of and those remaining on hand and shall make a s ecial report respecting any expenditure made contrary to 1 w and shall deliver the said abstract and report to the m yor, who shall lay the same before the council at its next eeting.

43 fi. Any elector may insprt the said abstract and report and may by himself or hi agent and at his own, expense take a copy thereof or ext ct therefrom. (i. On or before the fir~t day of April each year the council shall cause the said abstract and report or a synop sis thereof to be publishe in some newspaper published in the city, such newspape to be designated by resolution of the council. TITILE XX. ASRERRORR flND CONRTABLES. l.

The council may ap~mt such assessor or assessors as they deem necessary t make the assessment of the assessable property of th city annually, biennially or triennially as the council m y determine; who shall have the powers and perform the d ties hereinafter specified. , 2.

The council may apiint, remove and prescribe the duties of a chief consta le and other members of the police force, a chief and o er members of the fire brigade and such other officers, servants and agents as they may from time to time co sider it necessary to appoint or employ for the purpose of ny of the duties herein imposed or conferred upon them. ~:. The council shall fix :tnd provide the salaries of all persons so appointed. TITLE XXI. OA'l'HS \:>F OFFICE. lL.

Every member of tl~ council, the city clerk, every assessor, the city solicitor, city engineer, and every other civic officer who may by t e terms of his appointment be required so to do, shall fore entering upon the duties of his office make and su scribe a declaration of office to the following effect: "I, A.B., do solemnly p om1se and declare that I will truly, faithfully and impar ially, to the best of my know ledge and ability, execute he· office of (inserting the name of the o.ffice), (or if ·in the case :fa person who has been appm:nted to two or mor·e o.ffices, which he may lawfully hold at the same time) that I will truly, .fa thfully and impartially, to the best of my knowledge an ability execute t.he office~ of (as the case may be) to whic I have been elected (or appoint ed) iiJ. this city, and that I have not received, and will not receive, ahy payment or eward or promise thereof, for the exercise of any impart ality or malversation or undue execution of the said offi e (or offices) and that I have not by myself or partner, ither directly or indirectly any interest in any contract wi h or on behalf of the said city, save and except that arisi 1g out of my office as (naminu the office).

So help me Go I." ·

2. Any person who has J~en elected or appointed to two or more offices which he ay lawfully hold at the same time may make one declarati n of office as Lo all the offices to which he has been elected or appointed. 3.

Every returning offic r, deputy returning officer, asRi.,;tant deputy returning officer, poll clerk, constable, or other officer appointed to act at an election shall, before entering upon the duties of his office make and subscribe a solemn declaration to the ollowin~~; effect: "I, A.B., do solemnly prom se and declare that I will truly, faithfully and impartially, o the best of my knowledge and ability, execute the offi e of (inserting the name of the ~~ffice) to which I have been ppointed in this city, and that I have not received, and wi l not receive any payment or reward, or promise thereof, for the exercise of any par tiality or malversation or ot er undue execution of the said office.

So h

Document details

Collection	Alberta — Bills
Citation	L2 S4 10637
Type	bill
Volume / chapter	L2 S4 10637
Language	en
Format	json
Source	PROVINCIAL
Identifier	f65449ed41f05b12d6efa59b7d42f183cbd397a7

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