CHAPTER 24. An Act to amend Chapter 40 of 52 Victoria, being “An Act respecting the Town of Minnedosa." HIS [Assented to 31st January, 1905.] IS MAJESTY, by and with the advice and consent follows: debt of school new school. 1. Notwithstanding the provisions of chapter 40 of 52 Additional Victoria it shall be lawful for the board of school trustees district for of the School District of Minnedosa, Number 232, and they are hereby authorized and empowered to pass a by-law or by-laws for the purpose of authorizing the contracting of a debt or debts amounting in the aggregate to not more than six thousand dollars, and the issuing therefor of debentures of the said school district payable in twenty equal yearly instalments from the date thereof, and bearing interest at the rate of six per centum per annum, payable yearly, for the purchase of a school site and the erection and furnishing of a school house and its appendages within the said school district, such debt or debts to be in addition to the amount of any debt or debts previously authorized to be contracted by the said board of school trustees. submitted for 2. Before the final passing thereof the said by-law or By-law to be by-laws shall be submitted to be voted on by the electors of approval of the said school district entitled to vote thereon, according' rate; ayers. to the provisions of "The Public Schools Act" and amendments thereto, and all the provisions of "The Public Schools Act" and of "The Municipal Act" referred to therein with respect to by-laws authorizing the creation of debts, borrowing money, issuing debentures, passing of by-laws, the voting thereon by the electors, and all proceedings incidental thereto, shall apply mutatis mutandis to the proceedings authorized hereby. duties of connection 3. The council of the Town of Minnedosa, the clerk Powers and and treasurer thereof, the secretary-treasurer of the said to board of school trustees, and the said board of school trustees, with new loan. shall have, possess and enjoy all the powers, privileges and duties for the purposes aforesaid, devolving upon, possessed and enjoyed by municipal councils, school boards and the secretary-treasurers thereof generally, under "The Muni Approval of cipal Act," "The Public Schools Act" and the amendments thereto. 4. Before purchasing the said school site or erecting to be obtained. the said school house, it shall be necessary for the said board of school trustees to procure the approval of the Lieutenant-Governor-in-Council to the selection of the site and to the plan of the school house intended to be erected. Annual levies for funds to pay interest 5. After the issue of the said debentures the clerk and treasurer of the said town shall, in each year until the of new debt maturity of said debentures, levy a special rate on the dollar upon all the rateable property in said town, sufficient to realize the amount required to pay the principal or instalments of principal and the interest coupons or yearly interest upon the debentures issued as aforesaid, and the said special rates shall not require any by-law of the council of the town to authorize them, but the said clerk and treasurer shall have authority to levy such annual special rate without such authority, and it shall be the duty of the said clerk and treasurer to collect such levy and pay such principal or instalments of principal and the interest coupons or interest promptly as and when the same mature. Purchase of 6. The Provincial Treasurer may purchase the said debentures out of any funds in his hands available for investment in school debentures. 7. This Act shall come into force on the day it is assented to. HIS CHAPTER 25. An Act to amend "The Municipal Act." [Assented to 31st January, 1905.] IS MAJESTY, by and with the advice and consent of follows: Gazette 1. Sub-section (b) of section 376 of chapter 116 of the Notice in Revised Statutes of Manitoba, 1902, being "The Municipal required. Act," is hereby amended by inserting the words "and once in The Manitoba Gazette, at least two weeks in advance of the day of voting," after the word "weeks" in the sixth linc thereof. 8. 425. 2. Section 425 of said Act is hereby amended by insert- Also under ing the words "and once in The Manitoba Gazette" after" the word "weeks" in the sixth line thereof. 8. 549. 3. Section 549 of the said Act is hereby amended by And under inserting the words "and once in The Manitoba Gazette after the word "municipality" in the fifth line thereof. 4. Section 571 of the said Act is hereby amended by And s. 571. inserting the words "and once in The Manitoba Gazette" after the word "municipality" in the fourth line thereof. 5. The said chapter 116 is hereby further amended by inserting between sections 508 and 509 the following: from taxation mitting by-law 508A. The council of any city or town may pass by- Exemption laws for exempting any manufacturing industry hereafter on certain established, in part, but not exceeding sixty per cent. of without subthe assessed value, from taxation for municipal purposes, to ratepayers. for any period not exceeding twelve years, on condition and so long as such industry, so exempted, shall employ not less than fifteen workmen for at least nine months in each and every year during such term of exemption, without submitting any such by-laws to a vote of the ratepayers. All by-laws exempting from taxation, in whole or Greater in part, for a longer period or on terms more favorable to require assent the proprietors of such manufacturing industry shall be submitted to a vote of the ratepayers. exemptions of ratepayers. Conditions of exemption. 508B. The council may embody in any such by-law such further conditions as to the carrying on of such industry as it may deem expedient or necessary, as a condition of such exemption, and may enter into any contract Approval of respecting the same. Every such by-law and contract, before coming into force, shall be approved by the Lieutenant-Governor-in-Council. Government required. Title to trees, stone, sand, in ties. Action in respect of, may be brought in 6. Sub-section (c) of section 693 of the said Act is &c., on roads hereby amended by adding thereto the following: "In unicipali- the event of a municipality passing any by-law under this sub-section, the property in and title to all such timber, trees, grass, stone, sand or gravel, or any of them, covered by such by-law shall be forthwith vested in the municipality, and any action or actions brought by the municipality to recover the purchase money, or any part thereof, County Court. upon any such sale or sales, or to recover damages for the cutting down of trees or the taking away or removal of any such timber, trees, grass, stone, sand or gravel, if the amount claimed is not beyond the jurisdiction of a County Court, may be brought in the County Court for the judicial division in which such municipality, or any part thereof, is situate, and in any such action proof that the land upon which the timber, trees, grass, stone, sand or gravel, in respect of which the action was brought, grown or situate is or has been used as a road, or has been set apart for a road, shall be prima facie evidence that such land is an allowance or appropriation for a public road." What to be prima facie evidence that public road. the land is a Duty of municipality to keep in order drains in its territory for which public money has been spent. Penalty for filling up drains. 100 people was 7. The said Chapter 116 is hereby further amended by inserting the following section immediately after section 781: 781A. It shall be the duty of each municipality, through which, or through any part of which, any drain, constructed wholly or partially by or at the expense of the Government of Manitoba, runs, to keep such drain, or that portion of such drain within its boundaries, properly cleaned out and in repair. Any person filling up or partially filling up any such drain shall, upon summary conviction before a justice of the peace, be liable to a fine of not less than five dollars nor more than fifty dollars and costs, and, in default of payment, to imprisonment for not less than one week or more than two months. Community of 8. In every rural municipality in which, in any locality, living on sub- lands have been surveyed and sub-divided into blocks or lots, but not incor- and there is upon such lands a community not incorporated entitled to as a town or village, such rural municipality shall expend for divided lots, porated, cent. of their public pur public purposes, specially benefiting such community, a sum have 75 per not less than equal to seventy-five per cent. of the total taxes spent for amount of taxes received for municipal purposes from such poses specially benefiting blocks or lots and the buildings thereon and personal pro- them. perty assessed therewith and liable to taxation; provided the population of such community shall not be less than one hundred. Gladstone guarantee a Westbourne Society. 9. The council of the Town of Gladstone shall have the Town of power, notwithstanding any provision to the contrary con- authorized to tained in "The Municipal Act" or " The Assessment Act," loan of $1500 to or any amendment thereto, to guarantee a loan not exceeding E.D. Ag. the sum of fifteen hundred dollars to the Westbourne Electoral Division Agricultural Society, to be effected or procured by the said society. The said council shall by by-law (which shall not require to be assented to by the electors of the said Town of Gladstone) prescribe the form and nature of such guarantee and shall therein authorize and empower its head, with the treasurer thereof, under the corporate seal of the municipality, to execute the same. guarantee by in by-law and (a) The execution of the said guarantee by the persons Execution of named in such by-law, and the affixing thereto of the corpor-persons named ate seal of the said Town of Gladstone, shall conclusively under seal to establish the legality of the said by-law and the guarantee, be conclusive. and the validity of the same shall not be questioned by any Court in this Province. pality of may borrow construction without sub ratepayers. 10. The council of the Rural Municipality of West- Rural Municibourne may, notwithstanding anything in "The Municipal Westbourne Act," authorize its head, with the treasurer thereof, under $5000 for the seal of the corporation, to borrow a sum, not exceeding of steel bridges five thousand dollars, for the construction of steel bridges, mitting by-law in anticipation of the levy and collection of said amount for approval of in equal proportions by five successive annual levies, and the council shall, by by-law, regulate the amounts so to be borrowed and the nature of the securities to be given therefor, and it shall not be necessary for any such by-law to be submitted for the approval of the ratepayers of said municipality. pality of may borrow struction of 11. The council of the Rural Municipality of Macdonald Rural Municimay, notwithstanding anything in "The Municipal Act," Macdonald authorize its head, with the treasurer thereof, under the seal $5000 for conof the corporation, to borrow a sum, not exceeding five thou- bridges sand dollars, for the construction of bridges, in anticipation submitting of the levy and collection of said amount in equal propor- by-law for tions by five successive annual levies, and the council shall by ratepayers. by-law regulate the amounts so to be borrowed and the na without |