entitled to share. Advertisement for claims to tain from the treasurer of the municipality a list of all persons or corporations holding overdue obligations of the municipality upon bonds or debentures of the municipality, with their addresses and the amounts due to each, and a statement showing all moneys due by the municipality to the Government of Manitoba, and he shall also advertise in The Manitoba Gazette be sent in. and in some daily newspaper published in the City of Winnipeg, once a week for four weeks, calling for notice of all such claims and particulars thereof to be sent to him within a time to be limited, and the sheriff, after satisfying himself of the correctness of all such claims, shall distribute all Distribution moneys so realized pro rata amongst all such execution creditors and bond and debenture holders and the Government of Manitoba, according to the respective amounts of all such claims, without giving any preference or priority to any of them. of the moneys realized. Interpleader to decide disputed claims. Retroactive effect of (i) In case there shall be any dispute between the municipality and any person or corporation making any claim upon any such bond or debenture, as to the amount due thereon or as to the validity thereof, the sheriff may take the same steps to have such dispute decided by interpleader as he may take in case of a claim to goods seized under a writ of execution, and, in case of an issue being ordered to try the matter in dispute, the municipality shall be the plaintiff in the issue, and the sheriff shall not be bound to distribute any of said moneys until all such disputes shall be finally settled. (1) The amendment provided for by this section shall this section. apply to all executions against municipalities placed in the hands of any sheriff after the first day of January, A.D. 1911. Town of Rapid City may borrow $12,000 to lend to H. T. on terms to L.-G.-in Council. 31. The council of the town of Rapid City may submit a by-law to the duly qualified ratepayers of the said town providing for the borrowing of the sum of twelve thousand dollars on the credit of the said town, for the purpose of lending the said amount when raised to Messrs. Ĥ. T. Rayapproved by nor & Co., to assist them in establishing in said town a combined brick-making plant and electric light and power plant, upon terms to be agreed upon between said town and said H. T. Raynor & Co., but before such by-law is so submitted its terms and the terms and conditions of such agreement shall be submitted to and receive the approval of the LieutenantGovernor-in-Council by order-in-council. If such by-law shall be carried by the majority required by "The Municipal Act," the council of said town may then issue debentures of the town for the said sum of twelve thousand dollars in accordance with the provisions of "The Municipal Act," notwithstanding that such issue may exceed the statutory debt limit otherwise fixed, and may sell the same and As to the statutory debt limit. lend the said sum of twelve thousand dollars to the said H. T. Raynor & Co. upon the due execution of the said agree ment. cipalities mas for highway beyond statu 32. The council of any of the Rural Municipalities of Certain muni Kildonan, St. Pauls and St. Andrews, the Town of Selkirk incur debts and the Village of Winnipeg Beach may, with the approval construction of the Lieutenant-Governor-in-Council, submit a by-law to tory debt its duly qualified ratepayers for the purpose of creating a debt by the issue of debentures for highway construction, notwithstanding that such debenture issue may exceed the statutory debt limit otherwise fixed. limit. granting must re electors. 33. Hereafter, notwithstanding any provision or provi- By-laws sions to the contrary contained in "The Municipal Act" or franchises in the charter of any city, no municipal council for or on celve behalf of any municipality shall have the right or power to approval of permit, delegate or sanction the use of any of its public highways, streets or lanes by any person, company or corporation for railway or any other purpose having as the object the promotion or carrying out of private enterprises, without first submitting any such proposal in the form of a bylaw to, and receiving the sanction of, the duly qualified electors of the municipality affected, as in the case of by-laws requiring the assent of the electors under said Act. This section, however, shall not be construed so as to conflict with saving as to the provisions of "An Act respecting the Rural Municipality way in R. M. of St. Vital" passed at the present session of the Legislature relating to the construction of a street railway from the City of Winnipeg to the Agricultural College buildings, about to be erected in that municipality. street rail of. St. Vital. as to con light, heat, (a) No municipal council, as aforesaid, shall have the Restriction right or power to enter into any contract or agreement with tracts for any person, company or corporation for the supply or furn- supply of ishing of light, heat, power or water for public use which in- etc. volves an annual municipal expenditure of over five hundred When dollars, without first submitting at the next ensuing annual be submitted municipal elections a by-law for the purpose to the duly electors. qualified electors of the municipality as in case of by-laws requiring the assent of the electors under said Act. by-law must for assent of Town of validated. 34. By-law number 134 of the Town of Gladstone, as certain byamended by by-law number 153 of said town, and said by-laws of the law number 153, as set out in schedules A and B to this Gladstone Act, are hereby validated and confirmed, and the debentures, numbers 1 to 10 inclusive, referred to in said by-law number 153 shall, when issued and sold, be a valid, legal and binding charge upon the said town. 35. This Act shall come into force on the day it is assented to. SCHEDULE A. BY-LAW NO. 134. A by-law of the Town of Gladstone, to create a debt of twenty thousand dollars, for the purpose of building a joint fire hall and town hall, and providing protection against fire, and for other public improvements. Whereas it is deemed necessary and expedient to erect a building to be used as a fire hall and town hall, and also to purchase a fire engine and chemical engine, hose and other apparatus for the protection of the Town of Gladstone against fire, and also to erect a steel bridge over the White Mud River, and make other improvements upon the streets and highways in the said town, and for such purpose it is necessary that the sum of twenty-thousand dollars should be borrowed upon the credit of the said town, to be applied for the purposes aforesaid; and whereas it will be necessary to raise by special rate, for the period of twenty years, beginning with the year 1906, the sum of one thousand dollars annually for the purpose of paying interest on the said debentures, at the rate of five per cent. per annum, and the further sum of six hundred and four 86-100 dollars for a sinking fund, which, with interest computed at five per cent. per annum upon the investment thereof, will be enough to create a fund sufficient to pay off the said proposed debt at maturity, said two annual rates of interest and sinking fund make together the sum of one thousand six hundred and four 86-100 dollars, which shall be raised annually by a yearly rate upon the rateable property of the Town of Gladstone, to provide for the repayment of the principal and interest of said debt; said rates to be first levied in the year 1906 and in each year thereafter until the maturity of said debentures; and whereas the total amount of the rateable property of the said Town of Gladstone, according to the last revised assessment roll, is three hundred and twenty-two thousand and eighty dollars; and whereas the total amount of the present existing indebtedness of said town is twelve thousand four hundred and twenty-three dollars and thirty-six cents, none of which is now overdue, and upon which there are no arrears of principal or interest. Now therefore the council of the corporation of the Town of Gladstone, in session assembled, enacts as follows: 1. That the sum of twenty thousand dollars shall be raised by the issue and sale of debentures of the said corporation for the purpose hereinbefore recited, which said debentures shall be in the sum of five hundred dollars each, and shall bear interest at the rate of five per cent. per annum, payable half-yearly, and attached to each of said debentures shall be forty coupons, one coupon pavable each six months after the date of said debentures, and which coupon shall be for the sum of twelve dollars and fifty cents, being the interest at five per cent. per annum upon each debenture for the period of half a year: said debentures shall bear date the first day of July, A.D. 1906, and shall be signed by the mayor and secretary and treasurer of said corporation, and shall be payable on the first day of July, A.D. 1926, and shall contain a promise to pay the principal of said debentures, and also the interest thereon at the rate of five per cent. per annum, and which payment shall be made by the payment of the respective coupons attached thereto; said coupons shall be deemed to have been properly executed by each one having printed or lithographed thereon the name of the mayor and the written signature of the treasurer, and each coupon shall be numbered with the number of the debenture to which it is attached. 2. Said debentures and the coupons for interest shall be made payable at the Merchants Bank of Canada in the said Town of Glad stone. 3. There shall be raised annually beginning with the year 1906 and ending with the maturing of said debentures, by special rates sufficient therefor on all rateable property of the Town of Gladstone liable thereto, the sum of six hundred and four 86-100 dollars, to provide for a sinking fund for the repayment of the principal of the said debentures, and the sum of one thousand dollars to provide for the payment of interest upon the said debentures at five per cent. per annum, as hereinbefore mentioned, all of which sum shall be raised by an annual special rate upon all rateable property aforesaid; the said annual special rate shall be first imposed and levied as aforesaid in the year 1906, and thereafter in each year until the maturity and payment of the said debentures. 4. This by-law shall be submitted to the electors qualified to vote thereon on the tenth day of July, A.D. 1906, and for the purpose of taking votes the poll shall be open and remain open from the hour of nine o'clck in the forenoon until the hour of five o'clock in the afternoon of the same day, in each of the following places in the Town of Gladstone, and at each of the following places the following persons shall be respective deputy returning officers to take the votes of the electors upon this by-law, namely: Ward one, D. A. MacLean, D.R.O.; Elliott's office, Dennis street; Ward two, John Broadfoot, D.R.O.; Logie's Hall, Dennis street Ward three, J. A. Rowlatt, D.R.O.; Old Council Chamber, Main highway; Ward four, Robert Jacob, D.R.O.; building formerly occupied by Age, Morris avenue. 5. And on the eleventh day of July, A.D. 1906, at his office in the Town of Gladstone, at the hour of ten o'clock in the forenoon, the town clerk of the Town of Gladstone shall sum up the number of votes given for and against the said by-law. 6. And on the twenty-fifth day of June, at the hour of ten o'clock in the forenoon, the mayor of the said town of Gladstone shall attend at the office of the town clerk, in the said town, for the purpose of appointing persons to attend to the various polling places and also to attend at the final summing up of the votes herein before referred to by the town clerk, on behalf of the persons interested in this by-law, and promoting or opposing the passage thereof respectively. 7. This by-law shall take effect on the date of its final passing. Done and passed in open council this 16th day of July, A.D. 1906. A by-law of the Town of Gladstone to repeal by-law number 147 and to amend by-law number 134. Whereas on the sixteenth day of July, A.D. 1906, by-law number 134 for the raising of twenty thousand dollars for the building of a town hall and fire hall and steel bridge over White Mud River, and other public improvements, was duly passed by the council of the Town of Gladstone; and whereas in pursuance of the said by-law forty debentures of five hundred dollars each were prepared and signed by the mayor and secretary-treasurer of the said corporation and the corporate seal of the Town of Gladstone was affixed thereto; and whereas in the opinion of the council of the Town of Gladstone it is inadvisable to proceed with the erection of a building to be used as a town hall and fire hall and the purchasing of a fire engine, chemical engine, hose and other apparatus for the protection of the Town of Gladstone against fire as set forth in said by-law number 134; and whereas the steel bridge over the White Mud River has been already erected and paid for out of the current revenue of the Town of Gladstone; and whereas the council are desirous of improving the streets and highways in the said town by constructing granolithic sidewalks and gravelling the roads which said purposes are part of those provided for by said by-law nunber 134; and whereas the said debentures have not been disposed of, and in the opinion of the council there is no necessity to dispose of all the said debentures; and whereas also it is desirable to repeal by-law number 147 of the town which proposed to amend said by-law 134 under which nothing has been done; and whereas the annual special rate has not been levied for the purpose of providing a sinking fund for the repayment of the principal of the said debentures as provided by by-law number 134, Now therefore the council of the corporation of the Town of Gladstone, in session assembled, enacts as follows: 1. That by-law number 147 be hereby repealed. 2. That the secretary-treasurer of the said Town of Gladstone do cancel, annul, obliterate and destroy thirty of the said debentures, or debentures numbered 11 to 40 inclusive bearing date the first day of July, A.D. 1906 issued under the provisions of said by-law number 134 and the coupons attached thereto. 2A. That debentures issued under said by-law number 134 numbered 1 to 10, be sold and the proceeds be set aside for and applied to the construction of sidewalks and the improvements of the roads and streets of the town. 3. There shall be raised annually during the years beginning with the year 1911 and ending with the year 1925 by special rates sufficient therefor on all rateable property of the Town of Gladstone liable thereto the sum of two hundred and thirtyone dollars ($231.00) to provide for a sinking fund for the repayment of the principal of the debentures, numbered 1 to 10 inclusive, and the sum of two hundred and fifty dollars ($250) during each of the years 1911 t 1925 both inclusive, and one hundred and twenty-five dollars in the year 1926 to provide for the payment of interest upon said debentures at five per cent per annum as hereinbefore mentioned all of which sums shall be raised by annual special rates upon all rateable property aforesaid in the year 1911 and thereafter in each year as hereinbefore set out instead of the sums directed to be levied under the provisions of said by-law number 134. 4. By-law number 134 is hereby amended to the extent of the foregoing provisions hereof. This by-law shall come into force and have effect from and after the twenty-first day of March, A.D. 1911. |