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Acquisition of property

Provisions in agreement

thereof, of the benefits of any institution, works, construction, improvement or service, or for a like extension of benefits to any such authority by the said municipality or district or any part thereof, or by the authority governing any institution therein.

4. The council of any such municipality or the board or board of trustees of any such district may agree to unite with any such authority in acquiring, extending or improving a site, within or without the Province, for an institution, or in acquiring, erecting, extending, repairing, furnishing or equipping buildings required for an institution, within or without the Province, or in constructing, extending or repairing the works required by any institution, public utility, improvement or service within or without the Province and for any of these purposes may acquire title to land or an interest in land outside the Province.

5. An agreement under either section 3 or section 4 may provide―

(a) for the representation of the council, board or board of trustees of the municipality or approved district upon the council, board or board of trustees, or other governing authority in the adjoining province, including the number or proportionate number of representatives to which the first mentioned council, board or board of trustees shall be entitled, and the manner in which the election or appointment of such representatives shall be certified to the co-operating authority;

(b) in the like manner, for the representation of such co-operating authority upon the council, board or board of trustees of the municipality or approved district or the board or authority governing any institution therein situated;

(c) for the apportionment of capital expenditures required for the joint purposes of the co-operating authorities, and of the amounts required for current expenses and for interest and sinking fund or instalments of principal and interest of debentures; (d) without any apportionment of capital expenditures, for payment by the municipality or approved district to the co-operating authority in the adjoining province of annual sums sufficient to provide for a proportionate share of interest and sinking fund or of instalments of principal and interest required to meet the interest and repay the principal of debentures issued for any of the purposes for which the council or the board or board of trustees is authorized by this Act to unite with such co-operating authority;

(e) for the readjustment from time to time of the proportionate shares of current expenditures or of interest and sinking fund or instalments of principal and interest, to be borne by the co-operating authorities;

(f) for the readjustment from time to time, or at stated intervals, of the representation or proportionate representation mentioned in clauses (a) and (b) of this section;

(g) for all or any of the above purposes, and for any other act, matter or thing which may be necessary or proper for the effectual carrying out of the intent of this Act.

prepared and

6.-(1) When any such agreement has been entered into, Scheme to be the council or board entering into the same shall prepare published a scheme providing, by taxation, issue of debentures or otherwise, a method of raising any money stipulated for under the terms of the agreement and containing such other provisions as are necessary or proper to the effectual carrying out of the terms of the said agreement and the intent of this Act:

Provided that no greater rate of taxation shall be imposed upon any of the inhabitants of Alberta, or upon property within the said Province, than could be imposed if the institution, works, construction, improvement or service aforesaid had been provided under the law of the Province, apart from the provisions of this Act.

(2) Such scheme shall be published once every week for four weeks in a newspaper in general circulation in the municipality or district concerned.

(3) The provisions of any scheme may be made to operate retroactively.

7.-(1) On presentation of such scheme the Lieutenant Approval of Governor in Council may approve the same with or without scheme modification, and upon such approval being published in The Alberta Gazette, the scheme shall have effect, according to the terms thereof and of the said order in council, as if it had been set forth in this Act.

(2) The Lieutenant Governor in Council may give such approval notwithstanding that some of the provisions of the scheme exceed the authority granted by this Act or are unauthorized thereby, if he is satisfied that the scheme is honestly intended to meet the reasonable requirements of the parties to the agreement upon which the scheme is founded.

8.-(1) The Lieutenant Governor in Council may, with Powers of the object of effectuating the terms of an agreement entered Governor in

Lieutenant

Council

Aiding extraprovincial institutions

Delegation of powers

Generality of provisions

Conflict with Acts

Repeal

Coming into force

into under the provisions of this Act or of regularizing any scheme presented thereunder, declare by the order approving the scheme or by another order, that any Act respecting a municipality, approved district or institution of the kind to which the said agreement relates, in force in the adjoining province, or any part of such Act, shall apply to the municipality, approved district or institution in this Province affected by such agreement, either in substitution for a similar Act of this Province or by way of addition thereto.

(2) The Lieutenant Governor in Council may with the concurrence of the Government of the adjoining Province concerned, declare that any provision of a statute otherwise applicable shall not apply, or shall apply with modifications or alterations to anything done or proposed to be done under a scheme, and may prescribe any procedure deemed necessary to render the scheme effective.

9. Sums of money payable under any scheme in respect of residents of Alberta may be paid to any board, board of trustees or other co-operating authority, in accordance with the terms of the scheme, notwithstanding that the institution in respect of which the payment is made is situated in an adjoining Province.

10. The council, board, board of trustees or other cooperating authority may delegate all or any of its powers to another body.

11. The enumeration of particular powers herein shall not restrict the generality of the provisions of sections 7 and 8.

12. In the event of there being any conflict between the provisions of this Act and those of any other Act, either direct or arising by implication, the provisions of this Act shall prevail.

13. The Border Areas Act, being chapter 132 of the Revised Statutes of Alberta, 1922, is hereby repealed.

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

1924

CHAPTER 19.

An Act to amend The Legal Profession Act.

(Assented to April 12, 1924.)

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 Legal Profession Act Short title Amendment Act, 1924."

Committee

2. Sections 32 and 33 of The Legal Profession Act, being Section 32 and chapter 206 of the Revised Statutes of Alberta, 1922, are 33 amended hereby struck out, and the following substituted therefor: “32.—(1) Any three benchers meeting together as such Investigating shall constitute an investigating committee of the society and may investigate under oath any written charge or complaint that a member of the society has been guilty of conduct unbecoming a barrister or solicitor, or has made default in the payment of moneys received by him as a barrister or solicitor, or has been guilty of such misconduct as in England would have been sufficient to bring a solicitor under the punitive powers of the Supreme Court of Judicature, or has been guilty of any breach of the provisions of this Act or of any rules and regulations of the society made or passed under the authority of this Act.

charge

"(2) At least ten days' notice in writing shall be given Notice of by the secretary of the society to such member of the intention of an investigating committee of three benchers as aforesaid to investigate the said charge or complaint and such notice shall specify the charge or complaint to be investigated and the time and place at which such investigation will be held and shall be served upon such member by being enclosed in a sealed prepaid and registered envelope addressed and mailed to such member at his last post office address on the books of the society.

"(3) Evidence may be adduced before such investigating Evidence committee in support of the said charge or complaint and by the member complained against either by affidavit or viva voce or both as the said committee may determine. "(4) Every bencher is hereby authorized and empowered Power to to administer an oath for the purposes of such investigation. oaths "(5) The attendance of witnesses before an investigating Attendance committee and the production of books, papers or other

administer

of witnesses

Fees for attendance

Liability to attachment

Evidence

Investigation

in absence of person complained of

Report of committee

Action upon report by benchers

documents may be enforced by a notice requiring the witness to attend, issued under the hand of the secretary and the seal of the society and stating the time and place at which the witness is required to attend and the documents, if any, he is required to produce. The secretary shall, without charge, issue and deliver to the member complained against such number of notices for the attendance of witnesses or production of documents as such member may by writing request.

"(6) Any witness served with a notice for attendance or for the production of documents shall be entitled to demand and be paid the usual fees payable to witnesses in an action in the Trial Division of the Supreme Court.

"(7) Any person failing to attend before an investigating committee in obedience to such notice or to produce any books, papers or other documents or in any way to comply with such notice, or refusing to be sworn or to answer any questions properly allowed by an investigating committee, shall be liable to attachment upon application to a judge of the Supreme Court and may be punished as for contempt of court.

"(8) An investigating committee shall be bound by the same rules of evidence as obtain in civil actions in the Trial Division of the Supreme Court.

"(9) In the event of the non-attendance of the member complained against, the investigating committee may, upon proof of the registration and mailing to such member of the notice of such investigation as hereinbefore provided, proceed with the investigation in the absence of such member. "(10) The investigating committee after hearing all the investigating evidence adduced in support of such charge or complaint and by or on behalf of the member complained against shall report in writing to the benchers whether or not in their opinion such charge or complaint has been proven and shall after such investigation forward such report with a copy of the evidence and a record of the proceedings before the said committee to the secretary of the society. The benchers shall at their then next sittings consider such report with the evidence and the record of the proceedings before the investigating committee and may thereupon order that the charge or complaint be dismissed or referred back to the investigating committee or adjourned for further consideration or that the name of the member complained against be struck off the rolls of the society, or may suspend such member from practising for such period as may be considered proper, or may reprimand such member and in addition to any other order may order that such member shall pay a sum not less than fifty dollars nor more than four hundred dollars to the funds of the society within a time to be fixed by the benchers and may further order that in default of payment of any sum so fixed within the time fixed for payment thereof such member shall be suspended from prac

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