HIS 1913 CHAPTER 5. An Act respecting Villages. (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: 1. This Act may be cited as "The Village Act." Citation 2. In this Act unless the context otherwise requires Interpretation the expression 1. "Minister" means the Minister of Municipal Affairs for Alberta; Minister 2. "Village" means and includes any village now existing Village and any village municipality organized under the provisions of this Act; 3. "Council" means the council of a village; Council 4. "Councillor" means a member of the council of a Councillor village; 5. "Elector" means (a) For the purpose of any election held prior to the (b) For the purpose of any election held after the Elector Judge Secretary- Person Assessor Revised assessment roll Land Improvements Hawker or pedlar Transient trader 6. "Judge" means a judge of the District Court of the judicial district within which the village is wholly or partly situated, and "clerk" means the clerk of such court; 7. "Owner" means and includes any person who appears by the records of the Land Registration District in which such land is situated to have any interest in any land in a village other than as mortgagee or encumbrancee; 8. "Occupant" means any person who occupies any land exempt from taxation under the provisions of this Act otherwise than in an official capacity; 9. "Secretary-treasurer" means the secretary-treasurer of the village; 10. "Person" includes a corporation or partnership; 11. "Assessor" means the secretary-treasurer or other person acting as assessor of the village; 12. "Revised assessment roll" means the assessment roll of the village as finally adopted by the council; 13. "Land" or "property" "property" means and includes lands, tenements and hereditaments and any estate or interest therein; and for the purposes of assessment and taxation only "land" means land exclusive of the value of buildings or other expenditures of labour or capital thereon; 14. "Improvements" mean any increase in the value of the land caused by any expenditure of labour or capital thereon; 15. "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 person not being a wholesale dealer in such goods, wares or merchandise, samples or patterns of any goods, wares or merchandise, to be afterwards delivered in the village, but shall not mean or include any person selling meat, fruit, fish, agricultural implements, sewing machines or farm produce by retail; 16. "Transient trader" means and includes any person who occupies premises in the village, who offers goods, wares or merchandise for sale, either personally or through licensed auctioneer or other agent or servant, whose name has not been entered on the last revised assessment roll of the village, 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) Wherever the word "herein" is used in any section in this Act, it shall be deemed to relate to the whole Act and not to that section only. 3. Where forms are prescribed, any deviation there- Forms, etc. from, not affecting the substance, or calculated to mislead, shall not vitiate the same and forms to the like effect shall suffice. Certain 4. Where the power to make by-laws, rules and regu-ewers lations is conferred, it shall include the power to alter or revoke such by-laws from time to time, except by-laws which have been made for the purpose of raising money, levying assessments or striking rates. reference dates 5. Where in this Act a certain date is fixed on or by Dates having which certain things are to be done or proceedings had or to other taken, if it appears that such date was fixed having regard to an earlier date fixed on or by which certain other things were to be done or other proceedings had or taken, 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. Minister's power to 6. If anything to be done by or under this Act at or within a fixed time cannot be or is not so done, the Minister extend time may by order from time to time appoint a further or other time for doing the same whether the time within which the same ought to have been done has or has not expired. (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 this Act. ERECTION OF VILLAGES. villages 7. The Minister may by order, subject to the provisions Erection o of this Act, erect into a village any portion of the province, the area of which is not more than six hundred and forty acres, not in whole or in part included within the limits of any city, town or village, and containing not less than twenty-five separate buildings, each of which has been occupied continuously as a dwelling house for a period of at least one month immediately preceding the date of the petition, hereinafter referred to for the erection of such portion of the province, into a village. Such Petition 8. Any such portion of the province may be erected for erection into a village upon the receipt by the Minister of a petition in the form herein provided from at least ten persons who, if such portion of the province were erected into a village, would be qualified as electors thereof. petition shall be dated on the first day of the month in which it is signed by the petitioners or by the first of such petitioners signing the same and shall be in the form following: Posting of notice "The petition of the undersigned showeth: "(1) That the petitioners are desirous that (here insert the description of the land proposed to be erected into a village) should be erected into a village; "(2) That your petitioners have resided within the limits of the said portion of the province or within two miles therefrom for a period of at least one month immediately preceding the date of this petition and are the owners of land in such portion of the province, which, if such portion of the province were erected into a village, would be assessable under the provisions of The Village Act; "(3) That your petitioners are desirous that the said portion of the province should be erected into a village. That the said area contains not less than twenty-five separate buildings each of which has been continuously occupied as a dwelling house for a period of one month immediately preceding the date of this petition. 19. ... "Dated this. "(Signed). .day of. (2) Such petition shall be accompanied by an affidavit of some one of the petitioners in the form following: in the Province of Alberta (here insert occupation) makeoath and say: "(1) That I am one of the petitioners herein named; "(2) That the allegations contained in the above petition are true in substance and in fact; "(3) That I was personally present and did see the persons named in the said petition other than myself, duly execute same; "(4) That (here insert the name of the first Petitioner signing) was the first petitioner to sign the said petition and he signed same on the. .day of.. '(5) That the other petitioners signed the said petition within thirty days of the first named petitioner." 9. Upon receipt of any such petition, the Minister shall cause to be posted up within twenty days from such receipt in three conspicuous places within the area included in the proposed village, one of which shall be the post office, if there be a post office therein, and to be published in two issues of the nearest local paper a notice in the following form: "Notice is hereby given that pursuant to the provisions of The Village Act in that behalf, a petition has been presented to the Minister of Municipal Affairs, praying for the erection of (here insert the territory to be included in the proposed village) into a village, and that all objections to the organization of such territory into a village must be filed with the said Minister on or before (here insert date, forty days after the date of the receipt of such petition by the Minister)." (2) Any person may file with the Minister within a period of forty days from the date of the receipt by such Minister of the petition aforesaid, objections to the organization of such territory into a village. village 10. If during such period of forty days no objections Erection of are filed or if in the opinion of the Minister, any objections filed do not disclose sufficient reasons against the organization of such portion of the province into a village, the Minister may by order (a) Erect such portion of the province into a village (b) Fix a day, hour and place for the nomination. (c) Appoint a suitable person to act as returning (d) Fix a day, hour and place for the first meeting publication 11. Notice of the erection of a village, giving its name Effect of and boundaries, shall be published in The Alberta Gazette of notice and such notice shall be conclusive evidence of the erection of the village and of the compliance with all the provisions of this Act in regard to such erection. ALTERATION IN BOUNDARIES OF VILLAGES. 12. The Minister may by order, notice of which shall Procedure on be published in The Alberta Gazette 1. Annex any portion of a village to any adjoining city, town, village or rural municipality; 2. Annex to any village any outlying area adjacent thereto but not included within the limits of any city or town: Provided, however, that no area shall be annexed to any village, the addition of which would make the area of such village more than six hundred and forty acres; 3. Alter and adjust the boundaries of two or more coterminous or adjacent villages or of a village and a coterminous or adjacent rural municipality or rural muni<cipalities; 4. Disorganize any village. disorganization |