Driving without (2) Any person violating the provisions of subsection (1) hereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty dollars and in default of payment to imprisonment not exceeding three months. [1921, c. 5, s. 2(3).] 57. No chauffeur or other person shall drive or operate owner's consent any motor vehicle upon any public highway in the absence of the owner of such motor vehicle without the said owner's consent. [1911-12, c. 6, s. 56.] Tampering with motor vehicle Entry of premises of dealer by police officer 58. No person shall tamper with a motor vehicle without the authority of the person in charge, or climb upon or in any motor vehicle, whether the same is in motion or at rest, or hurl stones or other missiles at the same, or the occupants thereof; or, while such motor is at rest and unattended, sound the horn or other signalling device, or attempt to manipulate any of the levers, starting crank, brakes, or machinery thereof, or set such vehicle in motion or otherwise damage or interfere with the same. [1911-12, c. 6, s. 57.] 59. The Provincial Secretary may appoint from time to time motor vehicle inspectors, who shall have such duties as may be assigned to them by him, and any motor vehicle inspector so appointed by the Provincial Secretary or any police officer or constable shall have the right and power without further authority in the day time to enter the business premises of any dealer in motor vehicles, or person or persons conducting a motor vehicle livery, or other place where motor vehicles are kept for hire or sale, for the purpose of ascertaining whether or not the provisions of this Act are being complied with in respect to the motor vehicles in any of such places and by the several employees therein. [1911-12, c. 6, s. 58; 1913(1), c. 9, s. 32(3).] CHAPTER 196. An Act respecting Compensation to the Families of Persons Killed by Accidents. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Fatal Accidents Act." Short title Interpretation. 2. In this Act, unless the context otherwise requires,— Interpretation (a) "Child" shall include son, daughter, grandson, Child granddaughter, stepson, stepdaughter, adopted child and illegitimate child; [C.O. 1898, c. 48, s. 1.] General Provisions. compensation 3. Whenever the death of a person has been caused by When such wrongful act, neglect or default as would (if death recoverable had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, in each case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the party injured. [C.O. 1898, c. 48, s. 2.] benefit by 4. Every such action shall be for the benefit of the wife, Persons to husband, parent, child, brother or sister of the person whose action death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased and in every such action the Court may give such damages as it thinks proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action has been brought. [C.O. 1898, c. 48, s. 3.] actions 5. Not more than one action shall lie for and in respect Limitation of of the same subject matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. [C.O. 1898, c. 48, s. 4.] CHAPTER 197. An Act for the Prevention of Prairie and Forest HIS Fires. IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Causing prairie fires Penalty 1. This Act may be cited as "The Prairie Fires Act." [C.O. 1898, c. 87, s. 1.] Provisions as to Kindling Fires. 2. (1) Any person who either directly or indirectly, personally or through any servant, employee or agent (a) kindles a fire and lets it run at large on any land not his own property; (b) permits any fire to pass from his own land or land occupied by him; or (c) allows any fire under his charge, custody or control or under the charge, custody or control of any servant, employee or agent to run at large, shall be guilty of an offence and shall on summary conviction thereof be liable to a penalty of not less than twenty-five dollars and not more than two hundred dollars and in addition to such penalty shall be liable to civil action for damages at the suit of any person whose property has been injured or destroyed by any such fire. (2) If a fire is caused by the escape of sparks or any other matter from any engine or other thing it shall be deemed to have been kindled by the person in charge or who should be in charge of such engine or other thing; but such person or his employer shall not be liable to the penalties imposed by this section if in the case of stationary engines the precautions required by section 13 hereof have been complied with and there has been no negligence in any other respect or if in the case of a railway or other locomotive engine such engine is equipped with a suitable smoke stack netting and ash pan netting in good repair and kept closed and in proper place or in the case of a railway engine where the line of railway passes through prairie country if there is maintained for a distance of at least three miles continuously in each direction from the point at which the fire starts on each side of such line of railway and not less than two hundred nor more than four hundred feet therefrom a good and sufficient fireguard of ploughed land not less than sixteen feet in width kept free from weeds and other inflammable matter and the space between such fire guard and such line of railway is kept burned or otherwise freed from the danger of Spreading fire and if, in either case, there has been no negligence in any other respect. (3) For the purpose of ploughing any fireguard as in the next preceding subsection provided and of freeing from inflammable matter the land between such fireguard and the line of railway any railway company is hereby authorized to enter upon any uncultivated or unoccupied land without incurring any liability therefor provided that no unnecessary damage is occasioned thereon. [C.O. 1898, c. 87, s. 2; 1903(1), c. 25, s. 1; 1903(2), c. 30, s. 1; 1922, c. 76, s. 1.] Camp or Branding Fires. branding fires, ment 3. Any person who kindles or is a party to kindling a fire Camp or in the open air for camping or branding purposes and who extinguishleaves the same without having extinguished it shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding one hundred dollars. Clearing Land. [C.O. 1898, c. 87, s. 3.] 4. (1) No person shall directly or indirectly, personally Fireguards in or by any servant, agent or employee kindle on any land certain cases a fire for the purpose of guarding property, burning stubble or brush or clearing land unless the land on which the fire is started is at the time it is started completely surrounded by a fireguard not less than twenty feet in width consisting of land covered with snow or water or so worn, graded, ploughed, burned over or covered with water as to be free of inflammable matter and any person kindling a fire for such purpose shall during the whole period of its continuance cause it to be guarded by three adult persons provided with proper appliances for extinguishing prairie fire. (2) Any person contravening this section shall be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding one hundred dollars. [C.O. 1898, c. 87, s. 4.] Fires by Railway Employees. companies and 5. (1) Nothing in this Act shall prevent any railway Railway company or its employees from burning over the land held employees by it under its right-of-way and the land adjoining the same to an extent not exceeding three hundred feet in width on each side of the centre line of the railway. (2) Every person causing, commencing or in charge of such burning shall cause the same during the whole period of its continuance to be watched and guarded by at least Fires before fixed date four men provided with suitable appliances for extinguishing prairie fire and in default thereof shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding one hundred dollars. (3) This section shall not relieve any person from liability under this Act if any fire so started escapes or runs at large. [C.O. 1898, c. 87, s. 5.] Spring Burning. 6. (1) Nothing herein contained shall prevent any person from kindling fire before the seventh day of May in any year for the purpose of clearing any area of land not exceeding three hundred and twenty acres if such land is completely surrounded by a fire guard not less than ten feet in width consisting of land covered with snow or water or being so worn, graded, ploughed, burned over or covered with water as to be free from inflammable matter. (2) Any person so kindling a fire shall cause it to be guarded during the whole period of its continuance by three adult persons provided with proper appliances for extinguishing prairie fire and should such fire be left without being so guarded or be allowed to escape such person shall be guilty of an offence and liable on summary conviction. thereof to a penalty not exceeding one hundred dollars. [C.O. 1898, c. 87, s. 6.] Negativing exceptions Preservation of other rights of action Prosecutions. 7. It shall not be necessary that any prosecutor or complainant shall in any information or complaint for an offence under this Act negative any exemption, exception, proviso or condition herein contained or prove any such negative at the hearing or trial but the accused person may prove the affirmative thereof in his defence if he wishes to avail himself of it. [C.O. 1898, c. 87, s. 8.] Saving of Other Rights of Action. 8. Nothing in this Act shall bar or prevent any person from bringing any action against any person to which he may otherwise be entitled. [C.O. 1898, c. 87, s. 9.] Fire Guardians. Fire guardians 9.-(1) The Minister of Agriculture may appoint fire guardians and a chief fire inspector. (2) All justices of the peace, members of the provincial police, Royal Canadian Mounted Police, Dominion forest and fire rangers and councillors of municipal districts shall be ex officio fire guardians. |