CHAPTER 40. An Ordinance to Legalise Bylaw No. 281 and Certain debentures of the Municipality of South Qu'Appelle. [Assented to May 4, 1900.] Preamble W HEREAS the chairinan and council of the Municipality of South Qu'Appelle have by their petition represented that by a bylaw of the Municipality of South Qu'Appelle duly passed by the council thereof on the 2nd day of October, A.D. 1899, as Number 281, the reeve and secretary-treasurer of the said municipality were authorised and empowered to borrow the sum of five thousand ($5,000) dollars for the purpose of assisting one Alicia A. M. Moore in the purchasing, repairing and operating of a certain flour mill in the Town of Qu'Appelle in the said municipality and to issue debentures of the said municipality for such purpose to the said amount of $5,000 in sums of not less than $250 each payable at the end of twenty years from the date at which the said bylaw should take effect and to bear interest at a rate not to exceed six per cent. per annum payable yearly on the first day of November in each and every year during the currency of the said debentures; And whereas in pursuance of said bylaw debentures of the said municipality to said amount were duly signed by the reeve and secretary-treasurer and sealed with the corporate seal of the said municipality; And whereas such debentures were made payable in yearly instalments, covering both principal and interest, in accordance with the form prescribed by The Municipal Ordinance ; And whereas it is doubtful whether debentures in said form might lawfully be issued under the said bylaw; And whereas it is desirable and in the interests of the ratepayers of the said municipality that such doubt should be removed and the legality of said debentures confirmed by special legislation of the Legislative Assembly of the NorthWest Territories: Therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: and 1. The said bylaw of the said Municipality of South Bylaw No. 281 Qu'Appelle entitled "Bylaw No. 281 of the Municipality of debentures "South Qu'Appelle to raise the sum of Five thousand dollars" declared legal and the said debentures are hereby declared to be legal, valid and binding upon the said municipality, any bylaw, statute or Ordinance to the contrary notwithstanding. Preamble of The Town of Yorkton CHAPTER 41. An Ordinance to Incorporate the Town of Yorkton. WHE [Assented to April 9, 1900.] HEREAS application has been made by petition of the voters of the Village of Yorkton for an Ordinance to incorporate the said village a Municipality under the name of The Town of Yorkton; and Whereas it is expedient that the said village and certain land adjacent thereto should be incorporated a town municipality: Therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. From and after the coming into force of this Ordinance Incorporation the south half of Section Two (2) in Township Twenty-six (26) in Range Four (4) west of the Second Meridian, the north half of Section Thirty-five (35) in Township Twenty-five (25) in Range Four (4) aforesaid and that certain parcel of land situate in the south-east quarter of the aforesaid Section Thirty-five (35) which may be described as follows: Beginning at the northeast angle of the said quarter section, thence extending southerly along the eastern limit thereof 474 feet, thence westerly parallel to the northern limit of the said quarter section 460 feet, thence parallel to the eastern limit aforesaid 474 feet to the northern limit aforesaid, thence easterly along the said northern limit 460 feet to the place of beginning and containing Five (5) acres, all of the said lands being in the provisional district of Assiniboia are hereby incorporated a municipality under the name of The Town of Yorkton. The Municipal Ordinance incorporated subject to amendments Municipal Ordinance amended for purposes of this Ordinance 2. Except as are hereinafter specially provided the provisions of The Municipal Ordinance and amendments are hereby incorporated with and declared to form part of this Ordinance in so far as the same are applicable to town municipalities. 3. The provisions of The Municipal Ordinance are for the purpose of this Ordinance amended as follows: 1. Section 7 by substituting the word "four" for the word "six" where it occurs therein; 2. Section 22 by striking out the words "as hereinafter "provided" and subsections 1 and 2; 3. Section 41 by substituting for subsection 2 the following: "2. As councillors the four candidates who have received the highest number of votes;" 4. Section 95 by : (a) Striking out subsections 21 and 22; (b) Striking out of subsection 40 the word "railways;" (d) Striking out of subsection 58 the words "or purchasing (e) Striking out subsection 73; (ƒ) Adding the following subsections : "76. Subject to the provisions of The Liquor Licence Ordinance and amendments requiring each licencee to whom a licence to sell intoxicating liquors within the limits of the Town of Yorkton has been or may hereafter be granted, to pay into the revenue fund of the said town any sum not exceeding the amount of the Territorial fee payable by such licencee; "77. Subject to the provisions of The Liquor Licence Ordinance and amendments appointing an inspector of licences and prescribing his duties and remuneration." 5. By substituting for section 216 the following: 216. Any debt contracted by the Town of Yorkton may be made payable within any period not exceeding twenty-five years from the date upon which the bylaw under authority of which such debt was incurred takes effect." The Village be bylaws 4. All provisions of The Village Ordinance and amendments certain respecting the prevention of disease, the prevention of fire, provisions of billiard licences, licensing travelling showmen and entertainers, Ordinance to hawkers and peddlers, dog taxes and animals running at large. and all regulations made thereunder having force and effect in the Village of Yorkton at the date of the coming into force of this Ordinance, all provision for the collection of such taxes and licence fees and all penalties for the infraction of any of the said provisions or regulations shall continue in full force and effect in the Town of Yorkton as bylaws of the said town. until amended or repealed by bylaws passed by the council. action 5. All suits and rights of action by or against the Village of suits and Yorkton shall after the date of the coming into force of this rights of Ordinance be continued or maintainable by or against the continued Town of Yorkton. 6. The title to and all rights in respect of any real estate or Title to real other property of the Village of Yorkton shall upon the estate, etc., to pass Village coming into force of this Ordinance pass to and be vested in the Town of Yorkton. 7. Except as herein otherwise provided the provisions of Ordinance not The Village Ordinance shall not apply to the Town of Yorkton otherwise or any part thereof after the coming into force of this Ordinance. to apply when provided Ordinance to come into force on 8. This Ordinance shall come into force on proclamation of the Lieutenant Governor on such date as shall be named therein; proclamation and such proclamation may name a date on which the first voters' list shall be posted, a date within which applications for amendments to the voters' list shall be served upon the secretary-treasurer, n date on which the secretary-treasurer shall make a list of all applications for amendments to the voters' list and post the same, and a date and place for the final revision of said voters' list, dates for nomination and for first election of mayor and council, and place where votes are to be polled; and no further notice of such posting, service, revision, nomination and election shall be required. Secretary be appointed (2) After the coming into force of this Ordinance the treasurer may Lieutenant Governor may appoint a secretary-treasurer for the said Town of Yorkton who shall before receiving any moneys on behalf of the town furnish the bond required by section 109 of The Municipal Ordinance and shall hold office until his successor is appointed by the council. Voters' list how revised Election of first council (3) For the purpose of finally revising the said voters' list the deputy sheriff of the judicial district of Eastern Assiniboia at Yorkton sitting with any two justices of the peace shall have and exercise all the powers vested in councils by The Municipal Ordinance. (4) The secretary-treasurer shall be the returning officer at the said first election; and for the purpose of such election the provisions of The Municipal Ordinance shall apply with necessary changes in matters of detail; and the mayor and council elected thereat shall hold office for the remainder of the year 1900 and thereafter as though the said election had been held on the second Monday in December in the year 1900. (5) All expenses of and incident to the holding of the said first election first election including the preparation, publication and revision of the voters' list and publication of the Lieutenant Governor's proclamation shall be a charge upon the revenue of the Town of Yorkton. Expense of Overseers to deliver property to secretary treasurer 9. Subject to the provisions of the next preceding section all books, accounts, records, lists, vouchers, moneys and all other property of the Village of Yorkton together with the auditor's report required by section 45 of The Village Ordinance shall forthwith on demand of the said secretary-treasurer le delivered by the person last holding office as overseer of the said village to him the said secretary-treasurer who shall for |