CHAPTER 25 An Act respecting Villages. [Assented to February 4, 1920.] H IS Majesty, by and with the advice and consent of the follows: as SHORT TITLE. 1. This Act may be cited as "The Village Act." Short title INTERPRETATION. 2. In this Act, unless the context otherwise requires, the Interpretation expression: 1. "Assessor" means the assessor of the village; "Assessor" house" 2. "Boarding house" means and includes every hotel (not "Boarding being a public hotel), boarding house, lodging house or rooming house in which there are at least six bedrooms or beds used by or set apart for the use of boarders, lodgers or inmates and for the use of which a charge is made by the owner, tenant, occupant, proprietor or manager; 3. "Council" means the council of a village; "Council" 4. "Councillor" means a member of the council of a "Councillor" village; 5. "Elector" means: (a) for the purpose of any election held prior to the "Elector" "Hawker" or "pedler" ''Income" "Judge" "Land" or "property" "Minister" "Occupant" (b) after the completion of the first revised voters' list of the village any person of the full age of twentyone years whose name appears on the last revised voters' list of the village; 6. "Hawker" or "pedler" means and includes any person, not a resident of the village who (being a principal or an agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise, or carries and exposes samples or patterns of any goods, wares or merchandise for purchase and sale by such sample or pattern, or by means of cuts or blue prints and upon the understanding that such goods, wares and merchandise are to be afterwards delivered in the village to any person who is not a wholesale or retail dealer in such goods, wares or merchandise, or who sells such goods, wares, or merchandise, upon the streets, but shall not mean or include any person selling by retail meat or other products of his own farm or fish of his own catching, or the bona fide servant or employee of any such person having written authority to sell; 7. "Income" means the profit or gain (whether ascertained and capable of computation as being wages, salary or other fixed amount or unascertained as being fees or emoluments or profits from trade or commercial or financial or other business or calling) directly or indirectly received by a person from any office or employment or from any profession or calling or from any trade, manufacture or business, during the year next preceding that in which the assessment is made; and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security or without security or from stocks or from any other investment and also profit or gain from any other source whatever; but does not include income derived from farm lands or other investments outside the village; 8. "Judge" means a judge of the district court for the judicial district in which the village is situated; and "court" or "district court" means that court; 9. "Land" or "property" includes lands, tenements and hereditaments and any estate or interest therein; 10. "Minister" means the minister of municipal affairs for Saskatchewan; 11. "Occupant" includes the resident occupier of land in a village, or if there be no resident occupier the person entitled to the possession thereof, the leaseholder or holder under agreement for sale and a person having or enjoying in any way for any purpose whatever the use of land in a village: 12. "Owner" includes any person who has any right, title "Owner" or estate or interest other than that of a mere occupant; 13. "Person" includes corporations, joint stock companies "Person" and partnerships and women as well as men; public accom 14. "Places of public accommodation" means and includes "Places of public hotels, boarding houses, restaurants, sample rooms and modation" rest and reading rooms; hotel" 15. "Public hotel" means and includes every place of "Public public accommodation, supplying lodging and meals to travellers and guests, and licensed as a public hotel under this Act; 16. "Restaurant" means and includes every building or "Restaurant" part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public, which has and regularly uses seating accommodation for serving more than eight paying guests at any one meal; treasurer' 17. "Secretary treasurer" means the secretary treasurer of "Secretary the village; 18. "Transient trader" means and includes any person who occupies premises in the village for temporary periods and whose name has not been duly entered on the assessment roll and who may offer goods or merchandise of any description for sale by auction or in any other manner conducted by himself or by any licensed auctioneer or otherwise: Provided that the term shall apply only to and include such persons commencing in the village the business mentioned in this paragraph who have not resided continuously in such village for a period of at least three months next preceding the time of the commencement by him of such business therein; "Transient trader" 19. "Village" means any village municipality now existing "Village” and any village municipality organised under the provisions of this Act. R.S.S. 1909, e. 86, s. 2; 1910-11, c. 20, 3, 1, 1913, c. 45, s. 1; 1915, c. 18, s. 1. from forms 3. Where forms are prescribed any deviation therefrom not Deviation affecting the substance nor calculated to mislead shall not vitiate the same and forins to the like effect shall suffice. 1916, c. 20, s. 3. alter or 4. Where power to make bylaws, regulations, rules or Power to orders is conferred it shall include the power to alter or revoke revoke the same from time to time and to make others. 1916, bylaws c. 20, s. 4. Extension of time Extension of time by order of minister 5. Where in this Act a certain date is fixed on or by which certain things are to be done or proceedings had if it appears that such date was fixed having regard to an earlier date fixed on or by which certain things are to be done or proceedings had then notwithstanding anything herein contained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. 1916, c. 20, s. 5. 6. If anything to be done by or under this Act at or within a fixed time cannot be or is not done the minister may from time to time appoint a further or other time for doing the same whether the tink within which the same ought to have been done has or has not expired. 1916, c. 20, s. 6. Area and population Application for petition form Form and requisites of petition Fee Signature to be verified Plan Name of poster PART I. Organisation and Erection of Villages. 7. No portion of the province shall be erected into a village with an area greater than six hundred and forty acres of land and no such portion of the province shall be so crected unless it contains not less than fifty persons actually resident therein. 1916, c. 20, s. 7. 8. Whenever the residents of any portion of the province deem it advisable that such portion should be erected into a village they shall apply to the minister for a form of petition which form shall be supplied by him. 1916, c. 20, s. 8. 9.--(1) Every petition for the erection of a village shall be in such form as is prescribed by the minister and shall be signed by at least fifteen persons of the full age of twenty-one years who actually reside within the limits of the proposed village. (2) Every such petition shall be accompanied by a fee of twenty-five dollars which shall form a part of the general revenues of the province. 1916, c. 20, s. 9. 10.--(1) Every signature to every such petition shall be verified by the statutory declaration of some person signing such petition. (2) There shall be annexed to every petition a map or plan showing in detail the limits of the proposed village. 1916, c. 20. s. 10. 11. Every petition shall set forth the name and address of some responsible person or persons residing in the proposed village who will undertake on behalf of the petitioners to post up the notices required by the next following section. 1916, c. 20, s. 11. on receipt of 12. Upon receipt of any such petition the minister shall Procedure forthwith require the person or persons referred to in the next petition preceding section to post up a notice which shall be in such form as is prescribed by the minister setting forth a time not less than three full weeks from the posting thereof during which complaints may be lodged with the minister against the organisation of the village and every such complaint shall state clearly the reasons why the complainants are opposed to such organisation of the village. 1916, c. 20, s. 12. notices 13. Every such notice shall be posted in the post office, if Posting any, within the limits of the proposed village and in three other separate public places therein. 1916, c. 20, s. 13. posting 14. Satisfactory proof that the notices hereinbefore men- Proof of tioned have been posted up shall be furnished to the minister notices by a statutory declaration in form prescribed by him. 1916, c. 20, s. 14. of person to 15. Previous to the expiration of the three full weeks Appointment mentioned in section 12 hereof the minister shall appoint a take census person to take a census of the actual residents of the proposed village. 1916, c. 29, s. 15. order 16. If in the opinion of the minister no sufficient cause is Minister's shown why the organisation of the village should not be declaring proceeded with he shall by written order: (a) declare the village to be erected and assign to it a name; (b) fix a day, hour and place for the nomination meet- (c) appoint a suitable person to act as returning offic. r (d) fix a day, hour and place for the first meeting of village erection to be 17. Notice of the erection of a village, giving its name and Notice of a description of its boundaries, shall be published in The published Saskatchewan Gazette; and such notice shall be conclusive evidence of the erection of the village and that all the necessary formalities required by this Act have been complied with. 1916, c. 20, s. 17. |