Collector to accept

payment on account

delinquent for less than two full years in the year in which default is made, then, if such default shall continue until the thirty-first day of December in such year, this Act shall cease to apply to the said parcel of land as from the said thirty-first day of December, and thereupon the provisions of the said "Vancouver Incorporation Act, 1921," shall forthwith apply and shall come into full force and effect against and in respect of such parcel of land.

10. If any owner of any parcel of land as aforesaid shall tender of delinquent taxes. to the Collector of the city, on account of delinquent taxes due in respect of such parcel of land, an amount not less than the amount which such Collector is authorized to receive on account of taxes under the provisions of the "Vancouver Incorporation Act, 1921," but shall fail or omit to pay at the same time the taxes levied and payable in the then current year in respect of such parcel of land, the Collector shall accept such payment on account of the delinquent taxes, and shall apply the same in accordance with the provisions of the said "Vancouver Incorporation Act, 1921," and unless such taxes for the current year as aforesaid are paid before the passing of the by-law providing for the annual sale of lands in the city for delinquent taxes, the provisions of this Act shall cease to apply to such parcel of land.

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
1923.

W

[Assented to 21st December, 1923.]

WHEREAS the Corporation of the City of Victoria has by its Preamble. petition represented that the said city is a municipality within the meaning of the "Municipal Act" and "Local Improvement Act," and that it is necessary, in the interests of the inhabitants and ratepayers of the said municipality, to enact the provisions hereinafter contained, and has prayed that the same may be enacted accordingly:

And whereas it is expedient to grant the prayer of the said petition:

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:-

PART I.

TITLE AND INTERPRETATION.

1. This Act may be cited as the "Victoria City Act, 1923."

Short title.

of terms.

2. In the construction of this Act the following words or expres- Interpretation sions shall have the following meanings respectively, unless the context shall require a different meaning:

"Corporation" shall mean the Corporation of the City of

Victoria:

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Municipality" shall mean the Municipality of the City of
Victoria:

"Council" shall mean the Municipal Council of the Corporation

of the City of Victoria.

In defining any word or expression used in this Act not by this Act expressly defined, reference may be had to the provisions of the Municipal Act," the "Local Improvement Act," and the private Acts of the Corporation of the City of Victoria heretofore enacted.

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PART II.

Repayment of advanced local improvement assessments by order of Local Improvement Commissioners.

Amending s. 18, "Victoria City Act, 1919."

Repealing subsec. (1), s. 12, "Victoria City Act. 1921."

Power to cancel agreements for sale on tax-sale and better-housing properties.

AMENDING VICTORIA CITY PRIVATE ACTS.

3. Subsection (12) of section 25 of the "Victoria City Relief Act, 1918 (No. 2)," as enacted by subsection (11) of section 3 of the "Victoria City Act, 1919," is hereby amended by adding after the word "specify," in the last line of the first paragraph of the said subsection (12), the following words: "Or in cases where all such instalments have been paid, may direct that any such amount so specified shall be refunded by the Corporation forthwith to the then owner of the lot or parcel in respect of which the instalments have been paid."

4. (a.) Section 18 of the "Victoria City Act, 1919," is amended by adding thereto subsection (4a), as follows:

"(4a.) Every company incorporated by the Parliament of Canada. or under any Act of the Parliament of Canada which shall conduct, practise, follow, engage in, or carry on within the said city any trade, business, occupation, employment, or calling in respect of which a licence is required pursuant to any by-law passed under this section shall take out the required licence within thirty days after commencing its business in the said city."

(b.) Subsection (5) of section 18 of the "Victoria City Act, 1919," is amended by adding after the word "behalf," where it appears in the fifth line of said subsection (5), the following: "and every company incorporated by the Parliament of Canada or under any Act of the Parliament of Canada which shall fail to take out the licence required under any such by-law within thirty days after commencing its business in the said city."

5. Subsection (1) of section 12 of the "Victoria City Act, 1921," is repealed.

6. Section 19 of the "Victoria City Act, 1921," is repealed, and the following inserted in lieu thereof:

"19 (a.) Where lands become the property of the Corporation as a result of a tax sale, or become vested in the Corporation pursuant to the provisions of the 'Better Housing Act,' and are subsequently sold by the Corporation to any purchaser by agreement for sale, whereby the unpaid balance of the purchase price of the said lands is to be paid at a future date or by future instalments, with interest, it shall be lawful for the Collector of the Corporation, upon default being made in the payment to the Corporation of any such instalment or interest when the same became due and payable, to send by registered mail to such purchaser at his address named in the agreement for sale, or to cause to be personally served upon such purchaser, a notice to the effect that if the amount of the instalment or instalments, or interest, so in default be not paid within ninety days from the date of the mailing of the said registered notice, all

the right, title, and interest of the said purchaser, his heirs, executors, administrators, and assigns, in and to the said agreement for sale, the amounts paid thereunder, and the lands referred to therein will cease and determine, and that the said amounts paid thereunder will be forfeited to the Corporation; and if the purchaser fails to pay or cause to be paid within the said period of ninety days the amount so in default, all the right, title, and interest of the said purchaser, his heirs, executors, administrators, and assigns, in and to the said agreement for sale, the amounts paid thereunder, and the lands referred to therein shall cease and determine, and the said lands shall immediately become revested in the Corporation, free from all claims in respect of the said agreement for sale, and the said amounts paid under the said agreement shall be forfeited to the Corporation at the expiration of the said period of ninety days; and the Registrar of Titles for the Victoria District, upon the Collector filing with him a statutory declaration of the continuance of the said default until after the expiration of the said ninety days, and of the mailing, or personal service, of the notice herein required, shall, upon the expiration of the said period of ninety days. referred to in the notice, cancel all charges or encumbrances of whatever nature appearing in the records of the Land Registry Office against the said lands, except rights-of-way or easements in favour of the Corporation: Provided, however, that the Registrar of Titles may require production of a returned registration receipt, verified by statutory declaration, to satisfy himself of the sufficiency of service by registered mail, and if the Registrar of Titles is not satisfied with the sufficiency of service by registered mail, the service shall be effected in such manner as a Judge of the County Court or of the Supreme Court may direct upon an ex parte application on behalf of the Corporation; and the foregoing provisions of this section shall relate back to and be deemed to have been in force and effect from and after the twenty-ninth day of March, 1919.

"(b.) Lands that shall have become revested in the Corporation in the manner provided in this section shall be deemed to be lands that have become the property of the Corporation under tax-sale proceedings, and may be disposed of by the Corporation pursuant to the provisions of section 2 of the Municipal Act Amendment Act, 1919,' being chapter 63 of the Statutes of 1919."

7. Section 22 of the "Victoria City Act, 1921," is repealed, and Enabling Assessor the following inserted in lieu thereof:

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and Collector to apportion assessment and taxes divided.

"22. When any land in the municipality shall have been divided in case land be into parcels pursuant to a plan deposited in the Land Registry Office, or as shown in the records thereof, the Assessor of the Corporation shall have full power, and it shall be his duty, to apportion, in his discretion, in as equitable a manner as possible, the assessment of the said land among the various parcels into which the said land

Changes and corrections in assessment rolls after July 15th in each year.

shall have been divided, and the Collector of the Corporation shall have full power, and it shall be his duty, to apportion, in his discretion, in as equitable a manner as possible in accordance with the said apportioning of the assessments, all amounts of general and local improvement rates and taxes unpaid or in arrears, and any other rates and taxes that may have been levied against the said land prior to the division referred to, and also all unpaid balances of capital sum, of soldier's capital sum, or of principal sum of consolidated arrears of taxes and interest thereon due and payable to the Corporation in respect of the said land. The Collector shall likewise have the power, and it shall be his duty, to apportion, in his discretion, in as equitable manner as possible, among the parcels forming the divided land, the amount or amounts of the future instalments of special assessments with which the said land may have been charged by by-law of the Corporation; and each of the said parcels shall stand charged with the amount so apportioned to it, and shall not be burdened or charged with or liable for the amount or amounts so apportioned to any other parcel or parcels. "The said Assessor and the said Collector shall have full power, and it shall be their duty, to record in red ink on their respective rolls all changes and corrections that may be required by such appor tioning, together with the date on which the said division was recorded in the Land Registry Office, immediately after any such division referred to has been made, and thereafter the Collector of the Corporation shall have the same rights and powers as to the collection of all general and local improvement rates and taxes and all other rates and taxes so apportioned to the parcels of the divided land as if the assessments fixed by the said Assessor under this section and the local improvement and other assessments affected by the said apportioning had been made and passed by a duly authorized Court of Revision."

8. Section 25 of the "Victoria City Act, 1921," is repealed, and the following inserted in lieu thereof:

"25. (a.) Where land has, since the fifteenth day of July in each year, changed ownership as shown by the records of the Land Registry Office, or is held or occupied under sections 208 or 209 of the Municipal Act,' the name or names of the new owner or owners as defined by section 266 of the Municipal Act' shall be substituted for the name or names appearing upon the assessment roll for the current year and upon the assessment roll for the next ensuing year.

"(b.) Where any manifest error or misstatement in the name of a person assessed or in the description or particulars of the real property exists upon the said assessment rolls, the correct name, description, or particulars may be inserted.

"(c.) The alterations authorized by subsections (a) and (b) of this section shall be made by the Assessor of the Corporation, and