Purchaser to have lien for money paid.

Purchaser to have lien for improvements in certain

cases.

Licence necessary.

"(c.) That the land was not liable to taxation for the year or

years for which it was sold,

the owner or person entitled to any equitable or beneficial interest therein, in case the land cannot be recovered back by reason of its having been brought under the operation of the Land Registry Act,' shall be indemnified by the municipality for any loss or damage sustained by him on account of such sale of said land; and the amount of such indemnity may be settled by agreement between the municipality and the person entitled thereto, or, if an agreement cannot be effected, by arbitration in a manner similar to that provided in the case of the taking of lands otherwise than by agreement under the provisions of the Lands Clauses Consolidation Act.'

"302B. In any case where a sale of lands for arrears of taxes, whether made before or after the passing of this Act, is set aside or declared illegal or void, the purchaser shall have a lien on the lands for the purchase money paid by him in respect of the said lands, with lawful interest thereon, and for the amount of all taxes paid by him since the sale, with lawful interest thereon, which may be enforced against the lands in such proportions as regards the various owners of the lands and in such manner as the Supreme Court thinks proper. "302c. In any suit or proceedings wherein judgment is given setting aside any sale for arrears of taxes or title acquired in pursuance thereof, or dispossessing any person of lands purchased at a sale made for arrears of taxes, the person against whom such judgment is given shall be entitled to be paid for any permanent improvements made thereon according to their reasonable value; and such value shall be determined on such judgment, and the same shall be a lien on the lands in favour of the person entitled thereto: Provided that this section shall not apply in the following cases:— "(a.) If the taxes for non-payment whereof the land was sold have been fully paid before the sale:

"(b.) If the land was not liable to taxation for the year or years for which it was sold:

"(c.) If within the period limited by law for redemption the amount paid by the purchaser, with all interest payable thereon, has been paid or tendered to the person entitled to receive such payment, with a view to the redemption of the lands:

"(d.) Where, on the ground of fraud or evil practice by the purchaser at such sale, a Court would grant equitable relief."

25. Section 322 of said chapter 170 is hereby repealed, and the following is substituted therefor:

"322. No person shall, within a municipality, use, practise, carry on, or exercise any trade, occupation, profession, or business described or named in subsection (7) and subsequent subsections of section

318 of this Act without having taken out and had granted to him a
licence in that behalf, under a penalty, upon summary conviction, Penalty.
not exceeding the sum of two hundred and fifty dollars for every such
violation of this Act, together with the amount which should have
been paid for such licence, which said amount and penalty shall,
for the purposes of recovery under this Act, be held to be one
penalty."

26. All the sections from sections 323 to 329, both inclusive, of Repeal. said chapter 170 are hereby repealed.

27. Section 435 of said chapter 170 is hereby repealed, and the following is substituted therefor

"435. (1.) No Police or Stipendiary Magistrate shall act as Prohibition. solicitor, agent, or counsel in any cause, matter, prosecution, or proceeding of a criminal nature, nor shall such Magistrate act as aforesaid in any case which by law may be investigated or tried before a Magistrate or a Justice of the Peace.

"(2.) No partner or clerk of any Police or Stipendiary Magistrate shall so act in any cause or matter mentioned in subsection (1) hereof which arises within the limits of the jurisdiction of or is tried or heard before such Magistrate."

28. Section 455 of said chapter 170 is hereby repealed, and the following is substituted therefor:

maintenance of

prisoners.

"455. If prisoners convicted in any municipality for offences con- Municipality to pay mitted within the municipality are sentenced to imprisonment in any Provincial gaol, the municipality shall, in all cases where a fine or penalty might have been imposed, pay for the maintenance in such gaol of all such prisoners at the rate of fifty cents a day for each prisoner. The sum so due for maintenance of prisoners shall be paid to the Minister of Finance and Agriculture on the thirtieth day of June and the thirty-first day of December in each year, and if not paid may be recovered by action against the municipality by the said Minister."

29. Form C in the Schedule to said chapter 170 is hereby repealed, Amends Schedule. and the following is substituted therefor:

FORM C.
(Section 520.)

For every inquiry by a Coroner, when inquest deemed unneces-
sary ..

....

$5 00
For every inquest held by a Coroner, including precept to sum-
mon jury, empanelling jury, summons to witness, informa-
tion on examination of witness, taking every recognizance,
inquisition, and return, and every warrant and commitment,
$10 for each day necessarily spent in going to, attending
at, and returning from the inquest, but no additional fee
shall be allowed if the inquest is held at the same time and
place over more than one dead body.

Travelling allowance per mile each way, 20 cents, or, at the option of the Council, actual cost of transport and due allowance of $2 per day for travelling expenses.

For stenographer, if employed by Coroner for transcript of evidence, 10 cents per folio of 100 words, and, if employed by the municipality, such sum as may be agreed upon.

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty. 1913.

An Act further to amend the "Municipalities Incorpora- R.S.B.C. 1911. c.

H

tion Act."

[1st March, 1913.]

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

172; 1912, c. 26.

1. This Act may be cited as the "Municipalities Incorporation Short title. Act Amendment Act, 1913."

sec. (d).

2. Subsection (d) of section 4 of the "Municipalities Incorpora Repeals s. 4, subtion Act," being chapter 172 of the "Revised Statutes of British Columbia, 1911," is hereby repealed.

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.

1913.