deposit a plan thereof, together with a notice that the lands therein. mentioned are required for school purposes, in the proper Land Registry Office, and shall give notice thereof in at least one newspaper published or circulating in the municipality in which the lands are situate.

"(2.) The deposit of the plan and notices and the notice of such Deposit of plan. deposit shall be deemed a general notice to all parties of the lands

which will be required for school purposes.

compensation is

"(3.) The date of such deposit shall be the date with reference to Date from which which compensation shall be ascertained if the owner and the ascertained. trustees cannot agree upon the price thereof.

"45B. (1.) If the owner of the land selected for a new school-site Arbitration. or required for the enlargement of school premises refuses to sell the same, or demands therefor a price deemed unreasonable by the trustees, then such owner and the trustees shall each forthwith appoint an arbitrator, and the arbitrators thus appointed, together with the Superintendent of Education, or, in case of his inability to act, any person appointed by him on his behalf as third arbitrator, or any two of them, shall appraise the damages for such land.

or owner to appoint

"(2.) If the majority of the school trustees, or if the owner of the Neglect of trustees land selected as a school-site, neglects or refuses to appoint an arbitrator. arbitrator, it shall be competent for the Superintendent of Education, with an arbitrator appointed, to meet and determine the matter; and the Superintendent of Education, in case of such refusal or neglect, shall have a second or casting vote if he and the arbitrator appointed do not agree.

"(3.) If only a majority of the arbitrators appointed to decide Award. any case arising under the authority of this Act are present at any lawful meeting, in consequence of the neglect or the refusal of the other arbitrators to meet them, it shall be competent for those present to make and publish an award upon the matter or matters submitted to them, or to adjourn the meeting for any period not exceeding ten days, and they shall give the absent arbitrator notice of the adjournment.

arbitrators.

“(4.) The arbitrators aforesaid, or any two of them, shall have Powers of the power to hear and determine all claims or rights of encumbrancers, lessees, tenants, or other persons, as well as those of the owner in respect of the land required for the purpose of the schoolsite, upon notice in writing to every such claimant or person.

"(5.) Upon the tender of payment of the amount of such damages Tender of payment. to the owners or other persons entitled thereto by the school trustees,

or its payment into the Supreme Court under the authority hereinafter conferred, the land may be taken and used for the purposes aforesaid.

award.

"45c. (1.) Any award for the school-site made and published Registration of under this Act, if there be no conveyance, shall thereafter be deemed to be the title of the trustees to the land mentioned in it, and shall

Arbitration expenses.

Trustees may make valid and binding conveyances.

Surveyor's certificate when owner absent.

Publication of notice.

Contents of notice.

Sole arbitrator.

be a good title thereto against all persons interested in the property in any manner whatever, and shall be registered in the proper Registry Office on the affidavit of the secretary-treasurer of the Board of Trustees verifying the same.

"(2.) The parties concerned in all such disputes shall pay all the expenses incurred in them according to the award or decision of the arbitrators.

"45D. (1.) All corporations and persons whatsoever, tenants in tail or for life, guardians, executors, administrators, and all other trustees whatsoever, not only for and on behalf of themselves, their heirs, and successors, but also for and on behalf of those they represent, whether infants, issue unborn, lunatics, idiots, femes coverts, or other person, seised, possessed of, or interested in any land, may contract for, sell, or convey all or part thereof to school trustees for a school-site, or an addition to the school-site, or for a teacher's residence; and any contract, agreement for sale, conveyance, and assurance so made shall be valid and effectual to all intents and purposes whatsoever; and the corporations or persons so conveying are hereby indemnified for what they respectively do by virtue of or in pursuance of this Act.

"(2.) If the owner of the land duly selected for the said purpose is absent from the county in which the land lies, or is unknown, the trustees may procure from a sworn surveyor a certificate that he is not interested in the matter, that he knows the land, and that some certain sum therein named is, in his opinion, a fair compensation for the same; and on filing the said certificate with the Judge of the County Court of the county in which the land lies, accompanied by an affidavit or affidavits which satisfy the Judge that the owner is absent from the county, and that after diligent inquiry he cannot be found, the Judge may order a notice to be inserted for such time as he sees fit in some newspaper published in the county; and he may, in addition thereto, order a notice to be sent to any person by mail, or may direct service of the same to be effected in such other way as he sees fit.

"(3.) The notice shall contain a short description of the land and a declaration of the readiness of the trustees to pay the sum certified as aforesaid; shall give the name of a person to be appointed as the arbitrator of the trustees if their offer of that sum is not accepted; shall name the time within which the offer is to be accepted or an arbitrator named by the owner; and shall contain any other particulars which the County Judge may direct.

"(4.) If within such time as the Judge directs the owner does not notify the trustees of the acceptance of the sum offered by them, or notify to them the name of a person whom he appoints as arbitrator, the Judge shall, on the application of the trustees, appoint a sworn surveyor to be sole arbitrator for determining the compensation to be paid for the property.

pensation into Court

"45E. (1.) Where land is taken by the trustees without the Compensation. consent of the owner, the compensation to be paid therefor shall stand in the stead of the land; and after the trustees have taken possession of the land, any claim to or encumbrance upon the same or any portion thereof shall, as against the trustees, be converted into a claim to the compensation or to a proportion thereof, and the trustees shall be responsible accordingly whenever they have paid such compensation or any part thereof to a party not entitled to receive the same, saving always their recourse against such party. "(2.) If the trustees have reason to fear any claims or encum- Payment of combrances, or if any party to whom the compensation or any part in certain cases. thereof is payable refuses to execute the proper conveyance, or if the party entitled to claim the same cannot be found or is unknown to the trustees, or if for any other reason the trustees deem it advisable, they may pay the arbitration and other expenses, and pay the amount of the compensation into the Supreme Court, or in such other manner as the Superintendent of Education may direct, with interest thereon for six months, and may deliver therewith an authentic copy of the conveyance, or of the agreement or award if there be no conveyance; and such agreement or award shall thereafter be deemed to be the title of the trustees to the land therein mentioned, and shall be a good title thereto against all persons interested in the property in any manner whatever, and shall be registered in the proper Registry Office on an affidavit of the secretary of the Board of Trustees verifying the same."

7. Section 48 of said chapter 206 is hereby amended by substitut- Amends s, 48. ing "seven 66 " for five" in the fifth line thereof.

8. Section 50 of said chapter 206 and section 6 of chapter 38 of the Statutes of 1912 are hereby repealed, and the following is substituted therefor:

:

“50. (1.) The Board of School Trustees shall, on or before the Estimates. first day of February in each year, cause to be prepared and laid before the Municipal Council a detailed estimate of the sums required by the said Board for the current year's ordinary expenses of maintaining the schools, which sums shall be paid over from time to time as required, upon the order of the said Board, by the municipal treasurer, to the several persons to whom such moneys are payable; and likewise detailed estimates of the sums required to meet the special or extraordinary expenses of the Board, which sums, if approved by the Municipal Council, shall be paid over in like manner, either from the ordinary municipal revenue or from the proceeds of the sale of debentures, as the Municipal Council shall determine.

"(2.) In the case of special or extraordinary expenses, the Classification of estimates to be prepared by the Board and submitted to the

estimates.

The electors decide if Council disapproves estimates.

Procedure.

Approval of estimates.

Municipal Council shall be classified in such manner as to show the total estimated cost of (a) new school-sites, (b) new school buildings, (c) furniture and equipment for new school buildings, (d) alterations and additions to old school buildings, and (e) other special or extraordinary requirements; and the Municipal Council shall consider and deal with each class separately, and shall either approve or disapprove of the total estimated cost in respect of each class as submitted.

"(3.) If the Council should disapprove of the estimated expenditure in respect of any class, it shall, within one week after the estimates have been delivered to the Mayor, Reeve, clerk, or other proper municipal officer by the Board, notify the Board of its disapproval; and thereafter it shall be the duty of the Council, not later than thirty days after the receipt by the Mayor, Reeve, clerk, or other municipal officer as aforesaid, of the written request of the secretary of the Board in that behalf, to submit for the assent of the municipal electors a by-law or, if the expenditure disapproved of relates to more than one class, by-laws authorizing the proposed expenditure and, if necessary, the raising of the moneys upon the credit of the municipality. And in the event of such by-law duly receiving the assent of the electors, the municipal treasurer shall pay out of the proceeds of the debentures issued thereunder all expenses connected with the issuance of the loan, and the balance shall be paid over from time to time, as required by the trustees, by the municipal treasurer to the several persons to whom such moneys are payable.

"(4.) The procedure for submitting the by-law or by-laws for the assent of the electors and obtaining such assent shall be the same as the procedure in submitting municipal by-laws for contracting debts for other than ordinary expenditure or for raising money by way of debentures, except that it shall not be necessary to present to the Council any petition requesting it to introduce such by-law or by-laws.

"(5.) The Council shall be deemed to have approved of the Board's estimates for any class of expenditure if it does not notify the Board of its disapproval thereof within the time prescribed in subsection (3) of this section, and in such case such estimates shall be binding on the Council, and it shall be the duty of the Council to take all necessary steps to procure and pay over such moneys as are from time to time required by the Board to meet obligations under such class of expenditure."

VICTORIA, B.C.:

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

1913.

H'

[21st February, 1913.]

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

R.S.B.C. 1911,

c. 214.

1. This Act may be cited as the "Statutes and Journals Act Short title. Amendment Act, 1913."

2. Section 5 of the "Statutes and Journals Act," being chapter Re-enacts s. 5. 214 of the "Revised Statutes of British Columbia, 1911," is hereby repealed, and the following is substituted therefor:

distribute same.

"5. The King's Printer shall immediately after the close of each King's Printer to session of the Legislature, or as soon after as may be practicable, deliver or transmit, by post or otherwise, in the most economical mode, the following number of printed copies of the Acts of the Legislature, Journals, and Sessional Papers (to be printed by him at the public expense) to the parties hereinafter mentioned, that is to say:

To members of
Provincial

"First. To each member of the Legislative Assembly:"(a.) One unbound copy of every Act of the Legislature assented Legislature. to during the past session:

"(b.) One unbound copy of every other printed document placed
before the Legislature during the session:

"(c.) Four bound copies of the Acts of the Legislature:
"(d.) Four bound copies of the Journals of the Legislature:
"(e.) Four bound copies of the Sessional Papers of the Legis-
lature.

"Second. To each representative of the Province in the Parliament To Provincial of Canada:

representatives in Dominion Parliament.