1917

CHAPTER 29.

An Act to amend An Act to incorporate the Alberta Farmers' Co-operative Elevator Company, Limited.

HIS

(Assented to April 5, 1917.)

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

An Act to incorporate the Alberta Farmers' Co-operative Elevator Company, Limited, being chapter 13 of the Statutes of 1913 (First Session), and amendments thereto, is amended as follows:

1. Section 5: By striking out the words "to sell or lease to any company" in the fourth and fifth lines thereof, and substituting therefor the following words: "notwithstanding anything to the contrary in The Companies Winding-up Ordinance, 1913, contained to amalgamate with any other company having objects altogether or in part similar to those of this company; to sell or otherwise deal with the whole or any part of the undertaking, property and rights of the company for such consideration as the company may think fit, and in particular for any shares (whether credited as partly or fully paid up or otherwise) debentures or securities of any other company, and to divide such part or parts, as may be determined by the company, of the purchase money, whether in cash, shares or other equivalent, which may at any time be received by the company on an amalgamation sale of or other dealings with the whole or any part of the property and rights of the company amongst the members of the company by way of dividend or bonus in proportion of their shares or to the amount paid on their shares, and after any such amalgamation, sale or other dealings, by an extraordinary resolution, to take proceedings for the voluntary winding up of such company, and to wind up the same" provided that no such sale, amalgamation or other disposition of the assets shall take place until the terms thereof are approved by the Lieutenant Governor in Council.

2. Section 15: By striking out all the words after the word "establish" in the fourth line thereof and by substituting therefor the following words: "an elevator at

the said shipping point and subscribe for an amount of stock at least equal to the estimated value of the proposed elevator the directors may establish an elevator with sufficient store room attached in such way and with such capacity as the directors may consider suitable to the requirements of the said shipping point."

3. Section 16: By inserting before the word "value" in the fifth line thereof the word "estimated".

4. Section 29: By striking out the said section and substituting therefor the following:

"29. The financial year of the company shall end on the thirty-first day of July in each year, or such other date as the directors may by by-law determine, on which date the books of the company shall be closed and balanced."

5. Section 36: By striking out the said section and substituting therefor the following:

"36. The annual revenue of the company after the payment of the annual instalment to the Provincial Treasurer and the payment of any liabilities required to be paid in the ordinary course of business shall be distributed as follows:

"(a) If funds still remain the directors shall set aside such sum as they deem meet as a reserve fund;

(b) If sufficient funds remain the directors may declare and pay to the shareholders a dividend not exceeding eight per cent.;

"(c) If any balance remain the directors may at their discretion set the same aside as a reserve fund as provided for by subsection (a) hereof, or divide the same among the shareholders of the company on a pro rata basis according to the business furnished to the company by each.

"(2) The decision of the directors as to the distribution of the said annual revenue provided in this section, including the extent to which any shareholder of the company shall participate in any dividend declared by the directors and as to the pro rata distribution of any balance as provided in subsection (c) of this section, shall be final and there shall be no appeal therefrom and no action or suit in court shall be maintained with reference to same."

6. By adding thereto the following subsection: "41(a) A resolution submitted to all the locals and passed by a majority of the total shareholders of the company actually voting upon the said resolution shall be as valid and effectual as if it had been passed at a general or special meeting of the company as the case may be duly called and constituted."

HIS

1917

CHAPTER 30.

An Act to amend The Public Works Act.

(Assented to April 5, 1917.)

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

The Public Works Act, being chapter 10 of the Statutes of 1906, is hereby amended as follows:

1. By inserting therein after section 64a the following new sections:

"64b. The Provincial Treasurer may from time to time upon the requisition of the Minister advance out of the general revenue fund such sums of money as may be required to pay for stock or material required by the department in carrying out the provisions of this Act:

"Provided that the net amount of such advances shall not at any time exceed the sum of fifteen thousand dollars. "64c. The stock or material purchased and the value thereof shall be charged by the Provincial Treasurer to the particular service in connection with which the stock or material is required on an account thereof being rendered by the Minister, the amount of such charge being at the same time credited to the amount of the advances made by the Provincial Treasurer on the requisition of the Minister as hereinbefore provided.

"64d. The Provincial Treasurer shall publish annually with the public accounts a statement showing the standing at the close of the last fiscal year of the account of such advances, taking cognizance of the value of all supplies on hand at the beginning of the fiscal year, the names of all persons or firms to whom payments have been made for such supplies, with the gross amounts of payments so made, the gross amount charged to each particular service and credited in reimbursement of the advances made, with the value of the supplies on hand at the close of the fiscal year, any profit or loss that may be found to result from the year's operations being shown clearly but neglected in the consideration of the following year's transactions."

1917

CHAPTER 31.

An Act to amend The Private Ditches Act.

(Assented to April 5, 1917.)

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

The Private Ditches Act, being chapter 6 of the Statutes of Alberta, 1913 (First Session), is hereby amended as follows:

1. Section 2: By adding the following subsection:

"(17) 'Board' means Board of Assessors appointed under this Act."

2. Section 15: By striking out subsections 2, 3, 4 and 5 and substituting therefor the following:

"(2) At the first meeting of owners held after all the necessary notices have been served the owners of lands which in the opinion of the engineer will be affected by the ditch who are present shall in the manner provided in subsection 3 hereof appoint two of their number who shall together with the engineer form a board of assessors and who shall be paid at the rate of five dollars ($5.00) per day and legitimate expenses for the services they perform. (3) The appointing of the members of the board shall be by resolution of those owners present and shall be carried by a majority vote, the engineer presiding and having no vote; the engineer shall forthwith after the meeting notify the secretary in writing of the names and addresses of the two owners so appointed to act on the board of assessors.

"(4) The engineer may adjourn his examination and hearing of evidence from time to time and if he finds that the ditch is required the board shall within thirty days after its appointment make its award in writing in the form G, specifying clearly the location, description and course of the ditch, its commencement and termination, apportioning the work and furnishing of material among the lands affected and the owners thereof according to its estimate of their respective interests in the ditch, fixing the time for performance by the respective owners, apportioning the maintenance of the ditch among all or any of the owners so that as far as

practicable each owner shall maintain the portion within his own land, and stating the amount of the engineer's fees including the estimated cost of his inspection after the time has expired for the construction of the ditch according to the award, the amount of fees of the other members of the board, and the other charges and by whom the same shall be paid.

"(5) In making its award the board shall consider direct benefit only to the lands affected.

"(6) The period prescribed for the board to make its award shall be exclusive of the time required to obtain the approval of the works or the specifications or plans thereof by the Board of Railway Commissioners for Canada, where such approval is necessary.

"(7) In any case where a ditch is to be covered the board shall in its award specify the kind of material to be used in the covered portion of such ditch."

3. Section 16: By striking out the word "engineer" where it occurs in the first and fourteenth lines thereof and substituting therefor the word "board".

By striking out the word "he" in the fifth line thereof and substituting therefor the word "it".

By striking out the word "his" in the sixth line thereof and substituting therefor the word "its".

By striking out the word "he" in the fourteenth line thereof and substituting therefor the word "it".

4. Subsection 2 of section 16: By striking out the word "engineer" where it occurs in the fourth line thereof and substituting therefor the word "board".

5. Section 17: By striking out the words "making his" in the first line thereof and substituting therefor the words "the board makes its".

6. Section 20: By striking out the word "engineer" in the fifteenth line thereof and substituting therefor the word "board".

7. Section 21: By striking out the word "engineer' in the first line thereof and substituting therefor the word "board".

8. Section 22: By inserting after the word "engineer" in the first line thereof the words "or board of assessors", and by inserting after the word "engineer" in the sixth line thereof the words "or board".

9. Subsection 3 of section 21: By striking out the word "engineer" in the sixteenth line thereof and substituting therefor the words "members of the board".