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CHAPTER 214.

An Act respecting the Rights and Property of
Married Women.

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 Married Women's Short title Act." [1922, c. 10, s. 1.]

Capacity of Married Woman.

married

2. A married woman shall be capable of acquiring, Capacity of holding and disposing of or otherwise dealing with all woman classes of real and personal property, and of contracting, suing and being sued in any form of action or prosecution as if she were an unmarried woman. [1922, c. 10, s. 2.]

Torts.

Right of

husband to

3. A husband shall not have any right to sue in respect of a tort done to his wife, except where and in so far as he sue for tort has sustained any separate damage or injury thereby.

[1922, c. 10, s. 3.]

to wife

CHAPTER 215.

An Act to aid Indigent Widows and Wives of
Insane Persons in the Support of Children.

HIS

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

Interpretation

Council

Municipality

Superintendent

Appointment of inspectors in cities and towns

Persons
entitled
to assistance

1. This Act may be cited as "The Mothers Allowance Act." [1919, c. 6, s. 1.]

Interpretation.

2. In this Act, unless the context otherwise requires,(a) "Council" shall mean the council of any municipality;

(b) "Municipality" shall mean any city, town, village
or municipal district;

(c) "Superintendent" shall mean the Superintendent
of Neglected and Dependent Children appointed
under The Children's Protection Act of Alberta.
[1919, c. 6, s. 2.]

Appointment of Inspectors.

3. There shall be appointed by the council in every city and town in the Province one or more inspectors whose remuneration shall be fixed and paid by the council, and whose duty it shall be to receive applications for assistance under this Act, to inquire into any case brought to his or their attention, and generally to do and perform such matters and things as may be required by this Act or by any regulations passed hereunder. [1919, c. 6, s. 3.]

Payment of Allowances.

4. Any woman who is a widow, or the wife of a person committed to an asylum for the insane under The Insanity Act, and actually an inmate thereof, and who was either a resident of the Province at the time of the passing of this Act, or whose husband was a resident of the Province at the time of his death or at the time of his entering the asylum, and who, having in her custody a child or children under the age of fifteen years in the case of boys and sixteen years in the case of girls, is unable to take proper care of such child or children, may by herself or through any other person on her behalf apply to an inspector of the city or town of which she is a resident for assistance under this Act. [1919, c. 6, s. 4; 1920, c. 4, s. 5(1).]

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inspector

5. (1) The inspector shall thereupon make a full and Inquiry by complete inquiry into the facts of the case, and shall forthwith report thereon to the superintendent, who, if satisfied that the case is a proper one for assistance under this Act, shall recommend to the Attorney General the payment to such woman of such sum or sums in monthly instalments as to the said superintendent may seem fit and necessary.

(2) The superintendent, when satisfied upon inquiry that any woman in any city or town is entitled to and requires assistance under this Act, may make a recommendation under this section whether or not an application has been made by or on behalf of such woman to an inspector. [1919, c. 6, s. 5; 1920, c. 4, s. 5(2).]

assistance

6. When any recommendation as aforesaid is approved Fund for by the Attorney General the woman mentioned therein may be paid out of the moneys appropriated by the Legislature for that purpose the sum or sums specified in the said recommendation. [1919, c. 6, s. 6.]

ance, etc.,

7. Upon any subsequent recommendation for the termina- Discontinution, decrease or increase of any payments under this of assistance Act being approved by the Attorney General such payments shall be discontinued, decreased or increased in accordance with such subsequent recommendation, and so as to any further recommendation of the superintendent.

[1919, c. 6, s. 7.]

Liability of Municipalities.

statements

8. The Attorney General shall every three months Forwarding forward or cause to be forwarded to the treasurer of each such city or town, a statement of all moneys expended under this Act during the next preceding three months in respect of any woman or women residing in such city or town; and the said city or town shall thereupon become liable to the Province for an amount equal to one-half of the moneys so expended, and the said amount shall be paid to the Provincial Treasurer within thirty days after such statement is so forwarded, failing which the Provincial Treasurer may sue for and recover the same as a debt by action in his name against the said city or town as defendant. [1919, c. 6, s. 8.]

Inquiries by

superintendent

han cities

or towns

9. (1) In municipalities other than cities or towns, the superintendent may make or cause to be made inquiry as in municito the necessity of rendering assistance under this Act to any woman who is a resident of such municipality, and who, if she were a resident of a city or town, would be entitled to apply for assistance under the provisions of this Act and may thereupon in any fit and proper case make the like recommendation to the Attorney General as in the

Payment out of general tax

rate

case of cities or towns, in which case the superintendent shall forthwith forward to the secretary of such municipality, by mail prepaid, a notice of the recommendation so made setting forth the date and substance thereof.

(2) Recommendations made under this section shall be dealt with in the same manner as recommendations made in respect of a woman residing in a city or town, and the council of the municipality of which such woman is a resident shall be liable to the Province for an amount equal to one-half of the sums expended by the Provincial Treasurer in respect of such woman as shown by the statement forwarded monthly to the treasurer of such municipality, and the said amount shall be paid to the Provincial Treasurer within three months after the forwarding of such statement, failing which the Provincial Treasurer may recover the same in like manner as in the case of a city or town.

[1919, c. 6, s. 9.]

10. Notwithstanding anything in any Act contained fund or special all moneys required to be paid by any council under the provisions of this Act may be paid either out of the general tax fund of the municipality or out of a fund established by the levy of a special rate over and above the general rate of taxation of the municipality, and the council is hereby authorized to levy such special rate in each and every year, and the provisions of any such Act limiting the rates to be levied by such council shall not apply to any special rate levied under this section:

Proviso

Investigations by inspector

Report of cesser of right to assistance

by inspector

Provided, however, that the council may from time to time by by-law authorize its mayor (or reeve) and treasurer to raise by way of temporary loan such sum or sums as may be deemed necessary to meet all expenditures under this Act for the then current year, such loans to be made payable not later than the thirty-first day of December of the year following that in which such loan is made.

[1919, c. 6, s. 10.]

11. (1) It shall be the duty of every inspector to make proper investigations as to all women within the territory over which he is appointed who are receiving assistance under this Act, and upon any such woman ceasing to be a resident of the municipality or otherwise ceasing to be entitled to such assistance, the said inspector shall forthwith report the facts of the case to the superintendent.

(2) The liability of any city or town in respect of payments made by the Provincial Treasurer to any such woman or superintend- shall not be affected by the fact of her having ceased to be entitled to assistance under this Act, if such fact has not been reported as aforesaid to the superintendent:

ent

Proviso

Provided, however, that in case any moneys so paid are subsequently reimbursed to the Provincial Treasurer,

the council shall be entitled to reimbursement from the Provincial Treasurer of the amounts paid by it in respect of the payments so made.

(3) In municipalities other than cities and towns, it shall be the duty of the council to report to the superintendent in the case of any woman so ceasing to reside therein, or to be entitled to assistance under this Act, failing which the said municipality shall be and remain liable in respect of payments made to such woman, subject to a right to reimbursement as aforesaid. [1919, c. 6, s. 11.]

Miscellaneous.

12.-(1) For the purposes of this Act, a woman shall be Residence deemed to be a resident of the municipality when she lives therein, and has habitually lived therein for a period of one year last past, and in case of dispute as to whether or not a woman is a resident of a particular municipality, the superintendent shall decide, and his decision shall be final.

(2) A woman, having been a resident of any municipality, shall not be deemed to have ceased to be a resident thereof during such time as she shall remain or be in the Province unless and until she shall have become a resident of some other municipality under the provisions of the first subsection of this section. [1919, c. 6, s. 12.]

inspectors

13. The council of any city or town may appoint any Advisors to person or persons or any association to inform and advise any inspector appointed under this Act in the carrying out of his duties thereunder. [1919, c. 6, s. 13.]

regulations

14. The Lieutenant Governor in Council may make Rules and such rules and regulations not inconsistent with the provisions of this Act as may be deemed necessary for the proper carrying out thereof. [1919, c. 6, s. 14.]

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