H 1927 CHAPTER 24 An Act respecting Towns. [Assented to March 3, 1927.) IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Town Act, 1927. INTERPRETATION. Short title 2. In this Act, unless the context otherwise requires, Interpretation the expression: "Arrears of 1. "Arrears of taxes" means taxes unpaid and out- taxes standing after the expiry of the year in which they were imposed; house" 2. "Boarding house" means and includes every hotel Boarding (not being a public hotel), boarding house, lodging house or rooming house in which there are at least six bedrooms or beds used by or set apart for the use of boarders, lodgers or inmates and for the use of which a charge is made by the owner, tenant, occupant, proprietor or manager; 3. "Burgess" means an elector who is such in respect "Burgess" of freehold property; 4. "Business" includes any trade, profession, calling, "Business" occupation or employment; "auditor" 5. "Clerk," "treasurer," "assessor" and "auditor" "Assessor" mean respectively the persons occupying the positions of clerk, treasurer, assessor and auditor of the town; 6. "Council" means the municipal council of a town; "Council” 7. "Elector" or "voter" means a person entitled to "Elector" vote at municipal and school elections in a town; 8. "Felony" means an indictable offence which, since "Felony," etc. the passing of The Criminal Code, is punishable with death or imprisonment for a period of five years or over, and "misdemeanour" means an offence for which, under the said code, the extreme penalty is imprisonment for a term less than five years and not less than two years; "Hawker" or "pedler" 9. 66 "Income" Hawker" or "pedler" means a person who: (a) goes from house to house selling or offering for sale or soliciting orders for the future delivery of, goods, wares or merchandise; or (b) carries and exposes for sale goods, wares or merchandise; or (c) carries and exposes samples or patterns of goods, wares or merchandise or specimens of work done, cuts or blue prints for purposes of sale by such samples, patterns, specimens, cuts or blue prints, and upon the understanding that such goods, wares or merchandise will afterwards be delivered in the town to any person who is not a wholesale or retail dealer therein; or (d) sells goods, wares or merchandise upon the streets of the town; notwithstanding that the sale includes an agreement regarding the erection, construction or installation of, or other work to be performed in connection with, such or similar goods, wares or merchandise, or an agreement to use artistic or mechanical skill in the production of the goods, wares or merchandise to be delivered; but does not include: (e) any person selling newspapers, magazines, books, farm implements, binder twine, lightning rods, typewriters, adding machines, sewing machines or parts thereof, computing scales, tombstones or nursery stock; (f) any farmer selling products raised in Saskat- (g) any person selling fish of his own catching; 10. "Income" means the profit or gain (whether ascertained and capable of computation as being wages, salary or other fixed amount, or unascertained as being fees or emoluments or profits from a trade or commercial or financial or other business or calling) directly or indirectly received by a person from any office or employment or from any profession or calling or from any trade, manufacture or business during the year next preceding that for which the assessment is made, and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security, or without security, or from stocks or from any other investment, and profit or gain from any other source whatever, as well as the value of living and residential allowances; 11. "Judge" means a judge of the district court of the "Judge” judicial district within which the town is situated, and "court" or "district court" means the said district court; 12. "Land" includes lands, tenements and heredita- "Land," (a) buildings, or parts of buildings, structures, (b) structures or fixtures erected or placed upon, in, 13. "Minister" Affairs; means the Minister of Municipal "Minister" 14. "Money bylaw" means a bylaw for contracting a "Money debt or obligation or for borrowing money; bylaw' and "town 15. "Municipality," "town" or "town municipality" "Municipality" means any town municipality now incorporated as such and also any town municipality hereafter incorporated under the provisions of any Act; 16. "Occupant" means a person who occupies any land "Occupant" under any title whatever; 17. "Owner" includes any person who has any right, "Owner" title, estate or interest other than that of a mere occupant; 18. "Parcel" means a lot or block in a registered sub- “Parcel" division, or a part of such a lot or block, or a number of lots or blocks when assessed together; 19. "Person" includes a corporation or partnership, "Person" and women as well as men; public accom 20. "Places of public accommodation" means public "Places of hotels, boarding houses, restaurants, sample rooms and modation" rest and reading rooms; 21. "Public hotel" means and includes every place of "Public[hotel” public accommodation, supplying lodging and meals to travellers and guests, and licensed as a public hotel under this Act; 22. "Referred bylaw" means a bylaw referred to the "Referred vote of the burgesses; bylaw" 23. "Resident" means a person residing within the "Resident" limits of the town; 24. "Restaurant" includes every building or part of a "Restaurant" building used as a restaurant, cafe or lunch counter, "Revised assessment roll' "Revised voters' list" "Special franchise" "Transient trader" Boundaries of townships and sections for the purpose of this Act or used for the purpose of providing meals for the public, which has and regularly uses seating accommodation for serving more than eight paying guests at any one meal; 25. "Revised assessment roll" means the assessment roll of the town as finally adopted by the council; or in case there have been any appeals to the Saskatchewan Assessment Commission, as finally revised by the commission; 26. "Revised voters' list" means the voters' list of the town as finally revised by the court of revision; 27. "Special franchise" means every right, authority or permission to construct, maintain or operate within the town in, under, above, on or through any highway, road, street, lane, public place or public water within the jurisdiction of the town, any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for the purposes of bridges, railways or tramways or for the purpose of conducting steam, heat, water, gas, oil, electricity or any property, substance or product capable of being transported, transmitted or conveyed for the supply of water and heat, power, transportation, telegraphic or other service; 28. "Transient trader" means a person doing business in the municipality who occupies premises for temporary purposes, or who, not having resided in the municipality for at least three months next preceding the time of the commencement by him of such business, offers goods or merchandise for sale by auction or in any other manner, and whether conducted by himself or a licensed auctioneer. The term shall include any person commencing business in the municipality, whose name has not been entered on the assessment roll for the then current year, in respect of business or income. R.S.S. 1920, c. 87, s. 2; 1920, c. 35, s. 2; 1921-22, c. 37, s. 2; 1923, c. 29, s. 2; 1924, c. 14, s. 2; 1924-25, c. 22, s. 2; 1925-26, c. 19, s. 2; amended. 3. For the purpose of defining boundaries of a town municipality under this Act those sides of road allowances on which monuments or posts have been or may hereafter be placed under a survey made or to be made pursuant to The Dominion Lands Act, being chapter 55 of The Revised Statutes of Canada 1906, The Dominion Lands Surveys Act, being chapter 21 of the statutes of Canada 1908 or any enactment which may have been or may be passed in amendment thereto or in substitution therefor, shall be the boundaries either of townships or of sections: Provided, however, that, in the case of correction lines, the south side of the road allowance shall be the boundaries, and that the boundaries of any Indian reserve shall be the lines defining that side of the road allowance immediately next to such Indian reserve. c. 87, s. 3; 1925-26, c. 19, s. 3. R.S.S. 1920, of time 4. (1) Where anything is required to be done on a Computation day which falls on a holiday, such thing may be done on the next day which is not a holiday; but nothing in this section contained shall extend or apply to the day fixed by this Act for the nomination or election of candidates for the offices of mayor or councillor. (2) Notwithstanding anything contained in The Interpretation Act, whenever any particular time of day is referred to in this Act the same shall mean "mountain standard time" or any other time that the council may adopt by bylaw for regulating business hours within the town. (3) Where in this Act a certain date is fixed on or by which certain things are to be done or proceedings had, if it appears that such date was fixed having regard to an earlier date fixed, on or by which certain other things are to be done or proceedings had, 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. (4) If anything to be done by or under this Act at or within a certain fixed time cannot be or is not so done, the minister may 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. R.S.S. 1920, c. 87, s. 4; 1924, c. 14, s. 3. instead of oath 5. When a person is required by this Act to take an Declaration oath he may make a solemn declaration to the same effect, and such solemn declaration shall be deemed a sufficient compliance with the provisions of the Act. R.S.S. 1920, c. 87, s. 5. 6. Where forms are prescribed, deviation therefrom Forms not affecting the substance nor calculated to mislead shall not vitiate the same, and forms to the like effect and in substantial compliance with this Act shall suffice. R.S.S. 1920, c. 87, s. 6. 7. Where power to make bylaws, regulations, rules or Bylaw changes orders is conferred it shall include the power to alter or revoke the same from time to time and to make others. R.S.S. 1920, c. 87, s. 7. PART I. 8. The inhabitants of every town heretofore or here- Corporation after created or established in Saskatchewan shall be a name |