1913

CHAPTER 7.

An act to amend Chapter 3 of the Statutes of the Province of Alberta, 1911-12, intituled "An Act respecting Rural Municipalities.

HIS

(Assented to March 25, 1913.)

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

The Rural Municipality Act is amended as follows:

1. Section 2: (a) By repealing clause 8 thereof and substituting therefor the following:

"Owner' means and includes any person who appears by the records of the land titles office for the land registration district within which such land is situated, to have any right, title or interest in the land within the limits of the municipality other than that of a mortgagee or encumbrancee not exempt from taxation."

(b) By repealing clause 9 thereof and substituting therefor the following:

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'Occupant' includes the inhabitant occupier or if there be no inhabitant occupier the person entitled to an absolute or limited possession; any person holding under a lease, license, permit or agreement therefor; any person holding under an agreement of sale or any title whatsoever, and any person having or enjoying in any way or to any degree or for any purpose whatsoever, the use of land exempt from taxation.

(c) By adding to clause 15 the following:

"And for the purpose of assessment and of taxation only, 'land' means land or any estate or interest therein exclusive of the value of the buildings or other improvements there

(d) By inserting after clause 15 the following:

"15a. 'Improvements' means any buildings or any other increase in the value of land caused by any expenditure of either labour or capital thereon."

(e) By repealing clause 19 and substituting therefor the following:

"Hawker' or 'Pedlar' means and includes any person who, whether as principal or agent, goes from house to house, selling or offering for sale goods, wares or merchandise to any person, not being a wholesale or retail dealer in such goods, wares or merchandise or offers or exposes to any per on not being a wholesale dealer in such goods, wares or merchandise samples or patterns of any goods, wares or merchandise to be aferwards delivered in the municipality but shall not mean or include any person selling meat, fruit, fish, agricultural implements, sewing machines or farm produce by retail."

(f) By adding to the said section the following:

"(2) "Transient Trader' means and includes any person who occupies premises in the municipality who offers goods, wares or merchandise for sale, either personally or through a licensed auctioneer or other agent or servant, whose name has not been entered on the last revised assessment roll of the municipality or who has not before he offers such goods, wares or merchandise for sale as aforesaid resided continuously in the village for a period of three months next preceding the date at which he offers such goods, wares or merchandise for sale."

2. Section 9: By adding thereto the following:

"On every such map shall be outlined, the area and boundaries of six division of as nearly equal area as may be into which the municipality shall be divided in the event of a vote of the resident electors being in favour of such division as hereinafter provided."

Section 15: By repealing same and substituting therefor the following:

"Every such petition shall be accompanied by a statement signed by at least fifty-four residents electors setting forth that the subscribers thereof are desirous of having a vote taken to determine whether or not the proposed municipality shall be organized as provided by this Act which statement shall be in such form as is prescribed by the Minister."

"(a) This statement shall be signed by at least six resident electors of each township within the area of the proposed municipality; provided, however, that in any township where there are only ten residents or less, it shall only be necessary for the petition to be signed by one per cent. of the resident electors.

3. Section 16: By adding thereto the following:

"At the same time as the vote is taken upon the question of the organization of the municipality a vote shall be

taken on the question of whether there shall be divisions established in such municipality and a councillor elected from each such division or whether the councillors shall be elected by a vote of the municipality at large."

4. Section 19: By adding to the first paragraph of the notice in the said section contained the following:

"And whether divisions shall be established in such municipality, if organized and a councillor elected from each division or whether the councillors shall be elected by a vote of the municipality as a whole.

By inserting after the word "a" in the third line thereof the word "printed," and by adding thereto the following:

"(3) Every such notice shall be published in at least two issues of a newspaper published within the proposed municipality or if there is no newspaper published within the proposed municipality, in the newspaper published nearest thereto."

5. Section 21: By repealing same and substituting therefor the following:

"The returning officer shall cause to be printed or otherwise prepared a supply of ballot papers to be used for voting for or against the organization of the municipality and another supply of ballots for voting upon the question as to whether or not divisions are to be established in such municipality and such first ballot paper shall be in the following form:

FOR

AGAINST

And such second ballot paper shall be in the following form:

"Are you in favour of the establishment of divisions therein and a councillor elected from each such division?

FOR

AGAINST

6. Section 27: By inserting after the word "municipality" wherever the same occurs therein, the words "and the number of votes cast for and against the establishment of divisions."

7. Section 29: By inserting after the word "municipality" in the third line thereof the words "and if appears that the vote has resulted in favour of the organization of the proposed municipality the number of votes cast for and against the establishment of divisions therein."

8. Section 34: By inserting immediately after clause 1 the following:

"1a. If the result of such poll is in favour of the establishment of divisions, the Minister shall by such order establish six divisions, whose area and boundaries shall as nearly as may be, be the same as those shown on the map hereinbefore referred to and assign a number to each such division." By adding thereto the following:

"Provided, however, that no municipality shall be organized unless at least fifty votes have been polled.'

9. Section 38: By adding thereto the following:

"(5) Alter and adjust the boundary of the divisions of the municipality."

10. Section 47: By repealing same and substituting therefor the following:

"The council of every municipality shall consist of six councillors, such councillors shall be elected by the general vote of the resident electors of the municipality or one councillor shall be elected from each divison according as the electors of the municipality have determined upon the organization of such municipality."

11. Section 48: By repealing same and substituting therefor the following:

"The council of any municipality may at any time by by-law alter the manner in which councillors are elected in the municipality so as to provide for one councillor being elected from each division instead of by the general vote of the resident electors or to provide for election by the general vote of the resident electors instead of by divisions. Such by-law before coming into force shall be submitted to the resident electors of the municipality and shall receive the approval of two-thirds of the number of such resident electors voting thereon according to the procedure herein prescribed for voting on debenture by-laws:

"Provided that the council of any municipality, which has passed such a by-law, may at any time after the expiration of two years from the date of the passing thereof by by-law passed in the same manner and approved by the same majority of resident electors, revert to the former method of election."

12. That Section 88 be amended by adding the following: Clause a.: "The treasurer shall also forthwith after the completion of such certified voters' list as provided for by section 87 hereof send by prepaid registered mail to the secretary or secretary-treasurer of every school district wholly or in part included within the boundaries of the municipality of which he is treasurer, a true and correct list of all persons appearing on such certified voters' list who are assessed by the municipality for lands within such school district, and a description of the lands for which they are so assessed."

13. Section 95: By adding to clause C thereof the following:

"Or for each of the divisions thereof, if divisions have been established in the municipality, under the provisions of this Act."

14. Section 97: By inserting after the word "any" in the first line thereof the words "division or" and inserting after the word "such" thereof the words "division or.'

15. Section 102: By adding after the word "municipality" in the third line thereof the following:

"Or in municipalities in which divisions have been established by at least two resident electors of the division;" and by adding after the word 'of' in the second line of the form of nomination paper in such section contained, the words 'or of division number... . of the rural municipality of

16. Section 106: By repealing the form of notice in the said section contained and substituting therefor the following notice:

"Rural Municipality of.

"Municipal Election.

"Whereas.

Councillor (or whereas.

nominated for the office of nominated for an ..and...

office of councillor for division No..

nominated for the office of councillor for division No..

etc.) have withdrawn their candidatures, leaving.

the only candidates therefor (or, leaving. the only candidate for division No...

the only candidate for division No..

and.

etc.), I hereby

give you notice that no voting will take place on the.. ..19...., (date of polling) (here add,

day of.....

if necessary, in the following divisions of the municipality)."