Short title Interpretation "Elector" "Council" "Burgess" "Owner" "Occupant" "Felony," etc. "Income" "Business" CHAPTER 85 An Act respecting Towns. Preliminary. SHORT TITLE. 1. This Act may be cited as "The Town Act." 1908, c. 17, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the expression: 1. "Elector" means a person entitled to vote at any town or school election; 2. "Council" means the municipal council of a town; 3. "Burgess" is an elector who is such in respect of freehold property; 4. "Owner" includes any person who has any right, title or estate whatever or interest other than that of a mere occupant; 5. "Occupant" means any person who occupies any land under any title whatsoever; 6. "Felony" means any indictable offence which since the passing of The Criminal Code is punishable with death or imprisonment for a period of five years or over and "misdemeanour" means any offence for which under the said code the extreme penalty is imprisonment for a term less than five years and not less than two years; 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 a 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; 8. "Business" includes any trade, profession, calling, occupation or employment; franchise" 9. "Special franchise" means every right, authority or "Special permission to construct, maintain or operate within the town in, under, above, on or through any highway, road, street, lane, public place or public water within the jurisdiction of the town any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for the purposes of bridges, railways, tramways or for the purpose of conducting steam, heat, water, gas, oil, electricity or any property, substance or product capable of being transported, transmitted or conveyed for the supply of water or heat, light, power, transportation, telegraphic, telephonic or other service; 10. "Judge" means a judge of the district court of the "Judge" judicial district within which the town is situated and "court" or "district court" means the said district court; 11. "Land" includes lands, tenements and hereditaments "Land” and any estate or interest therein or right or easement affecting the same and: (a) Land covered with water; (b) Trees and underwood growing upon land; (c) Mines, minerals, gas, oil, salt, quarries and fossils (d) In case of special franchise, machinery, fixtures, ity" and 12. "Municipality," "town" or "town municipality" means "Municipaland includes any town or town municipality now incorporated "town" as such and also any town or town municipality hereafter incorporated under the provisions of any Act; 13. "Person" includes, a corporation or partnership; "Person" assessment 14. "Revised assessment roll" means the assessment roll of "Revised the town as finally adopted by the council; roll" 15. "Secretary treasurer" means the secretary treasurer of "Secretary the town and includes the secretary or treasurer; treasurer" 16. "Referred bylaw" means a bylaw referred to the vote "Referred of the burgesses and assented to by them as provided in this bylaw” Act; 17. "Assessor" means the assessor of the town; "Assessor" 18. "Revised voters' list" means the voters' list of the town "Revised as finally revised by the council; voters' list" municipal affairs" 19. "Minister of municipal affairs" means the minister of "Minister of municipal affairs for Saskatchewan; "Hawker," "pedler" "Herein" Computation of time Extension of time Forms Make includes alter, etc. 20. "Hawker" or "pedler" means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house sellng or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterwards delivered within the town to any person not being a wholesale or retail dealer in such goods, wares or merchandise, but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. (2) Wherever the word "herein" is used in any section of this Act it shall be understood to relate to the whole Act and not to that section only. 1908, c. 17, s. 2. 3. Where anything is required to be done on a day which falls on any holiday such thing may be done on the next juridical day; but nothing in this section contained shall extend or apply to the day fixed by this Act for the nomination or election of candidates for the offices of mayor or councillors. 1908, c. 17, s. 3. 4. 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 other 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. 1908, c. 17, s. 4. 5. Where forms are prescribed deviation therefrom not affecting the substance nor calculated to mislead shall not vitiate the same and forms to the like effect shall suffice. 1908, c. 17, s. 5. 6. Where power to make bylaws, regulations, rules or orders is conferred it shall include the power to alter or revoke the same from time to time and to make others. 1908, c. 17, s. 6. Application of Act PART I. Application of Act, etc. 7. This Act shall apply to all towns or town municipalities now existing in the province and the same shall continue to exist as town municipalities and be subject to the provisions of this Act; and this Act shall also apply to all towns or town municipalities hereafter created or established within the province. 1908, c. 17, s. 7. rights and 8. Every town in the province now or hereafter created General or established is hereby declared to be a body corporate and obligations subject to all the liabilities of a corporation with full power to acquire, hold and alienate both real and personal estate for all municipal purposes and by the same name they and their successors shall have perpetual succession and shall have power to sue and be liable to be sued, implead and be impleaded, answer and be answered unto in all courts and in all actions, causes and suits at law and in equity whatsoever; and they shall have a common seal with power to alter and modify the same at their pleasure; and they shall be in law capable of receiving by donation, acquiring, holding, disposing of and conveying any property real or movable for the use of the town and of becoming parties to any contracts or agreements in the management of the affairs of the town. (2) The name of the body corporate shall be "The town Corporate of (naming the town)." 1908, c. 17, s. S. name to town at 9. Whenever two-thirds of the inhabitants of any territory Additions adjacent to a town desire annexation thereto and present a instance of petition to the council to that effect the Lieutenant Governor petitions in Council with the consent of the council of the town may by proclamation annex the said territory to and make it a part of the town; the said annexation shall take effect on such date and on such terms and conditions as the Lieutenant Governor in Council may by proclamation provide. 1908, c. 17, s. 10. town at 10. The Lieutenant Governor in Council may upon the Additions to request of the council of any town include within the town any instance of territory adjacent thereto which from the proximity of streets the council or buildings or the probable future exigencies of the town it may be deemed desirable to include therein or thereto; the said annexation shall take effect on such date. and on such terms and conditions as the Lieutenant Governor in Council may by proclamation provide. portions of (2) The Lieutenant Governor in Council may upon the Severance of request of the council of any town sever from such town any towns portion thereof and make due provision for the settlement and adjustment of all matters arising out of such severance; such severance shall take effect on such date and on such terms and conditions as the Lieutenant Governor in Council may by proclamation provide. 1908, c. 17, s. 11; 1909, c. 22, s. 2. of townships purpose of 11. For the purpose of defining boundaries of a town Boundaries municipality under this Act those sides of road allowances and sections on which monuments or posts have been or may hereafter for the be placed under a survey made or to be made pursuant to The this Act Dominion Lands Act being chapter 55 of The Revised Statutes of Canada 1906 or pursuant to any Act or Acts which may be passed in amendment thereto or in substitution therefor shall be the boundaries either of townships or of sections: Provided however that in the case of correction lines the south side of the road allowance shall be the boundaries and that the boundaries of any Indian reserve shall be the lines defining that side of the road allowance immediately next to such Indian reserve. 1908, c. 17, s. 12. Powers of council Council a continuing body Term of office of mayor and councillors Persons disqualified for council PART II. Municipal Government. 12. The powers of the said corporation shall be exercised by the council of the town. 1908, c. 17, s. 13 (1). 13. The council shall be deemed and considered to be always continuing notwithstanding any annual or other election of the members composing it; and after any such election and the organisation of the council for the next year it may take up and carry on to completion all proceedings commenced but not completed by the last year's council. 1908, c. 17, s. 13 (2). 14. Subject to the provisions hereinafter contained respecting the term of office of the mayor and councillors elected at the first election after a village becomes a town, the term of office of the mayor shall be for one year and the term of office of the councillors shall be for two years and both the mayor and the councillors shall be elected by a general vote of the electors. 1908, c. 17, s. 14. 15. Every person shall be eligible for election as mayor or councillor who is a British subject by birth or by naturalisation, is a male of the full age of twenty-one years, is able to read and write, is not subject to any disqualification under this Act or The Controverted Municipal Elections Act, is resident within the town or within two miles of the limits of the town and is at the time of election the owner of freehold estate of the value of $500 rated in his own name on the last revised assessment roll of the town: Provided however that no judge of any court of civil jurisdiction, no sheriff, no gaoler or keeper of any house of correc tion, no constable, assessor, secretary treasurer, auditor or other paid official of the town, no bailiff, no inspector of licenses, no person having by himself or his partner an interest in any contract with or on behalf of the town or being indebted to the town, no surety for any officer or |