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(2) Anything done within the time prescribed by such order shall be as valid as if it had been done within the time fixed by or under this Act.

minister for

26. The minister may make such orders as he may think Order by fit for the adjustment of the assets of local improvement adjustment of districts affected by this Act and of any district affected by any action under this Act.

assets

27. Chapter 88 of The Revised Statutes of Saskatchewan Acts repealed 1909, chapter 22 of the Statutes of Saskatchewan 1910-11 and chapter 30 of the Statutes of Saskatchewan 1912 are hereby repealed.

28. This Act shall come into effect on January 1, 1913.

Date of coming

SCHEDULE.

FORM A.

(Section 20.)

CERTIFICATE OF REDEMPTION.

This is to certify that the following lands, viz.:

as to which an adjudication, under the provisions of section 19 of The Local Improvements Act, bearing date the

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judge of the district court of the judicial district of

in the Province of Saskatchewan, have been under the provisions of the said section redeemed and the said lands are therefore discharged and released from the said adjudication and the effect thereof.

Dated at Regina in the Province of Saskatchewan this

day of

19 .

Witness:

Minister of Municipal Affairs.

into effect

Short title

R S. c. 13,

s. 2, applicable

Interpretation

"Company"

"Pole mile"

"Minister"

"Rural municipality"

"Resident occupant"

"Secretary"

Organisation

of company

"Petition"

H'

1912-13

CHAPTER 33

An Act respecting Rural Telephone Systems.

[Assented to January 11, 1913.]

IS Majesty by and with the advice and consent of the
Legislative Assembly of Saskatchewan enacts as follows:

1. This Act may be cited as "The Rural Telephone Act."

2. Section 2 of The Telephone Department Act shall so far as applicable to this Act be deemed to be enacted herein.

(2) In this Act unless the context otherwise requires the expression:

1. "Company" means any company organised under the provisions of this Act;

2. "Pole mile" means a lineal mile in any rural telephone system necessarily occupied by telephone poles strung with one or more wires for the use of such system;

3. "Minister" means the minister of telephones;

4. "Rural municipality" means any rural municipality or local improvement district;

5. "Resident occupant" means any person actually residing on land which is chargeable with a levy for telephone purposes under this Act provided that such person is such occupant by reason of his being the owner, tenant, lessee or the purchaser under an agreement for sale;

6. "Secretary" means the secretary of the company who shall also act as treasurer

3. In case any five or more persons residing in any portion of the province desire to construct, maintain and operate a rural telephone system for their mutual benefit they may present a petition to the minister praying for the organisation of a company for this purpose.

4. Every such petition shall be accompanied by:

(a) Such plans, specifications, drawings and estimates of the proposed system as may be required by the regulations of the department;

(b) A statement of the amount at which it is proposed to capitalise the company;

(c) A statement indicating the amount proposed to be
raised by the sale of debentures for the purpose of
providing for the said system;

(d) A schedule of the rates, rentals and tolls which it is
proposed to fix and charge for telephone service and
the cost of maintenance, operation and management;
(e) Satisfactory evidence that the majority of the resi-
dent occupants liable to be charged or taxed under
this Act for telephone purposes are to be share-
holders of the company;

(f) Satisfactory evidence that there has been collected
from the subscribers of the capital stock of the com-
pany a sum in cash amounting to at least $5 for each
pole mile of the system proposed to be constructed.

registered under

Act

5. Upon receipt of the petition and upon being satisfied that Company to be the prayer of the petitioners should be granted it shall be The Companies the duty of the minister to take all steps necessary to secure the organisation, incorporation and registration under The Companies Act of the company petitioned for and notwithstanding any provision to the contrary in The Companies Act such company shall be duly formed, incorporated and registered thereunder without the payment of any fees or charges whatsoever.

6. The amount of capital with which any company proposes Limit of capital to be incorporated and registered as herein provided shall not exceed $10 for each pole mile of line to be constructed by the company; but with the approval of the minister such capital may be increased from time to time provided satisfactory reasons are given in the application for such approval.

7. The capital of the company shall be divided into equal Shares shares of $5 per share and any number of shares not exceeding four may be allotted to one subscriber provided that no subscriber shall take less than one share.

(2) The amount of the capital stock collected from the shareholders as provided by clause (f) of section 4 hereof shall be available for defraying all costs and expenses connected with the organisation of the company and should there remain a balance on hand after such expenses are paid such balance may be used for any of the purposes of the company.

borrow for

extension of

8. Every company shall have power to raise by way of loan Power to on the security of a debenture or debentures as hereinafter construction, provided such sum or sums of money as may be required for purchase or any one or more of the following purposes, namely: the con- telephone struction, reconstruction or improvement of a telephone system, the purchasing or otherwise acquiring the use of the

system

Resolution

Lands liable

Proviso as to certain lands

Proviso as to exemptions

Notice

whole or any part of an existing system, the adding to or extending of any such system.

(2) The total amount which any company may borrow under the provision of subsection (1) hereof shall not exceed $350 per pole mile of its system or any extension thereof.

9. Every such loan shall be authorised by the directors of the company at a regularly called meeting by passing a resolution in that behalf as in form A in the schedule to this Act which resolution shall be duly entered in the minutes of the meeting.

(2) Every such resolution shall contain an enumeration and description of all parcels of land that are to be (shall be) charged with the payment of the proposed loan which lands shall include:

(a) Every quarter section on either side of the route of
the proposed telephone line or lines or any extension
thereof when such extension is provided for under
section 30 of this Act;

(b) Every quarter section any part of which lies within
a distance of 100 yards from the proposed line or
lines or any extension thereof when such extension
is provided for under section 30 of this Act;
(c) Every parcel of land less than one quarter section
in area when situated as described in clause (a) or
(b) hereof:

Provided that in case any portion of a rural telephone system lies within or is to be constructed within the limits of any city, town or village municipality none of the lands within such municipality shall be enumerated in the said resolution;

Provided further that in case any parcel of land is made subject under the provisions of this Act to a levy for telephone purposes by any company it shall not be subject to a levy by any other company until the debenture indebtedness of the first company is fully paid and satisfied.

10. Upon the passing of such resolution it shall be the duty of the secretary of the company within three days thereafter to hand to each shareholder of the company and to each resident occupant of the lands enumerated in the resolution a notice setting forth the decision of the company respecting the proposed loan which notice may be in form B in the schedule hereto.

(2) In the absence of any shareholder or resident occupant from his home it shall be sufficient if such notice is left with some adult person at the residence of the absentee.

shareholders

11. In case for any reason any shareholder or resident Objection by occupant objects to the proposed loan he shall within seven days of the receipt of the notice referred to in the next preceeding section hand to the secretary or leave at his office or place of residence a written statement of his objections.

duty

12. After the lapse of fifteen days from the passing of the Secretary's resolution referred to in section 9 hereof it shall be the duty of the secretary to transmit to the minister:

(a) A copy of the said resolution certified as correct and
attested by the signatures of the president and secre-
tary of the company;

(b) A statutory declaration by the secretary of the com-
pany to the effect that all notices have been given as
provided by section 10 hereof which declaration may
be in form C in the schedule hereto;

(c) All objections to the proposed loan as received by the
secretary under the provisions of section 11 hereof.

approve loan

authorisation

13. Upon receipt of the documents referred to in the next Minister may preceding section and upon being satisfied that the several and gazette conditions required by this Act have been substantially complied with and that the proposed loan is reasonable and necessary for the purposes for which it is to be raised the minister may in writing authorise the company to borrow the sum or sums of money mentioned in the resolution or such less sum as he shall deem fit and shall publish notice of authorisation in The Saskatchewan Gazette.

raised by

(2) Every such notice in addition to other particulars shall Loan to be give a description and enumeration of the lands to be charged debentures with the repayment of the debenture authorised.

14. Every sum of money obtained under the authority of the minister as provided by the next preceding section shall be raised or borrowed by the issue and sale of a debenture or debentures of the company which shall be in form D in the schedule hereto or to the like effect.

debentures

15. Every debenture issued under the provisions of this Act Requisites of shall comply with the following requirements:

(a) It shall run for such period not exceeding fifteen
years as is set forth in the resolution referred to in
section 9 hereof;

(b) It shall not carry interest at a greater rate than eight
per centum per annum;

(c) It shall be sealed with the corporate seal of the com-
pany and shall be signed by the president and secre-
tary of the company;

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