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CHAPTER 37.

An Act to amend The Department of Education Act.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Department of Educa- Short title tion Act Amendment Act, 1927."

amended

2. The Department of Education Act, being chapter 16 Section 9 of the Revised Statutes of Alberta, 1922, is amended as to section 9, by striking out subsection (5) thereof, and substituting therefor the following:

statements

"(5) The Minister shall at or before the tenth day of Annual April in each year, cause to be prepared and submitted to and accounts the Provincial Auditor, for certification, Trading, Profit and Loss Accounts and Statement of Assets and Liabilities covering all operations for the fiscal year immediately preceding; and the statements, as certified by the Provincial Auditor, shall be included in the Public Accounts for the year. Any profit arising from the operations of the year, as shown by the said statements, shall form part of the General Revenue Fund of the Province.

"(6) In case a deficit has occurred in operations for the Deficit fiscal year, the amount of such deficit shall be deducted from the profit of any succeeding fiscal year or years, before such profit is transferred to the General Revenue Fund."

3. This Act shall come into force on the day upon which Coming into it is assented to.

force of Act

CHAPTER 38.

An Act to amend The School Act.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The School Act Amendment Short title Act, 1927."

amended

2. The School Act, being chapter 51 of the Revised Section 70 Statutes of Alberta, 1922, is amended as to section 70 by striking out subsection (1) thereof, and substituting therefor the following:

"(1) In every rural, rural high, consolidated and village school district, the board shall acquire a site for a school, and may acquire a site for a teacher's residence at such point in each case in the district as is approved or selected by the Minister, and may from time to time acquire by way of addition to either of such sites, such other or additional site as may be approved of by the Minister."

amended

3. Section 137 of the said Act is amended as to subsec- Section 137 tion (1) thereof, by adding as paragraph (va) immediately after paragraph (v), the following:

"(va) to allow students enrolled in the normal schools to

attend any class room of any public or separate
school in the district, at any time while it is in
session, for the purpose of observation and practice
teaching."

amended

4. Section 202 of the said Act is amended by adding as Section 202 paragraph (ea) immediately after paragraph (e) the following:

"(ea) to admit to his class room for the purpose of observation and practice teaching pupils enrolled in the normal schools, and to render without additional remuneration or salary, such assistance to the students and instructors of such schools as the instructors may consider necessary for the proper training of the students."

5. Section 226 is amended by inserting the word "initia- Section 226 tive" between the word "such" and the word "plebiscite" amended in the ninth line thereof.

Section 197 amended

Coming into force of Act

6.-(1) Section 197 is amended as to subsection (5) by the deletion of the words: "and when so acting the Board of Reference may, for the purpose of procuring the attendance of any person as a witness at such arbitration, serve such person with a notice requiring him to attend thereon, which notice shall be served in the same way and have the same effect as a notice requiring the attendance of a witness and the production by him of documents at the hearing or trial of an action, but no such person shall be compelled under any such notice to produce any document which he could not be compelled to produce on the trial of an action."

(2) By adding thereto the following as subsection (8): "(8) The Board of Reference may, for the purpose of procuring the attendance of any person as a witness before such Board, serve such person with a notice requiring him to attend thereon, which notice shall be served in the same way and have the same effect as a notice requiring the attendance of a witness, and the production by him of documents at the hearing or trial of an action, but no such person shall be compelled under any such notice to produce any document which he could not be compelled to produce on the trial of an action."

7. This Act shall come into force on the day upon which it is assented to.

CHAPTER 39.

An Act to amend The Public Utilities Act, 1923.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Public Utilities Act, Short title 1923, Amendment Act, 1927."

amended

2. The Public Utilities Act, 1923, being chapter 53 of the Section 47 Statutes of Alberta, 1923, is amended as to section 47 thereof, by striking out subsections (1) and (2) thereof, and substituting therefor the following:

"(1) An appeal shall lie from the board to the Appellate Division of the Supreme Court of Alberta upon a question of jurisdiction or upon a question of law, upon leave therefor being obtained from a judge of the said Appellate Division upon application made within one month after the making of the order, decision, rule or regulation sought to be appealed from, or within such further time as the judge under special circumstances shall allow, and upon notice to the parties and the board, and upon hearing such of them as appear and desire to be heard, and the costs of such application shall be in the discretion of the judge.

"(1a) On the hearing of any appeal referred to in subsection 1 of this section no evidence other than the evidence which was submitted to the board upon the making of the order appealed from shall be admitted, and the Court shall proceed either to confirm or vacate the order appealed from, and in the latter event shall refer the matter back to the board for further consideration and redetermination.

"(2) Upon leave being obtained the party so appealing shall deposit with the Registrar of the said Appellate Division, the sum of two hundred and fifty dollars, by way of security for costs, and thereupon the Registrar shall set the appeal down for hearing at the next sittings, and the party appealing shall, within ten days after the appeal has been so set down, give to the parties affected by the appeal or the respective solicitors, by whom such parties were represented before the board, and to the secretary of the board, notice in writing that the case has been so set down to be heard in appeal as aforesaid; and the said appeal shall be heard by the said Appellate Division as speedily as practicable."

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