CHAPTER 79.

An Act to legalize By-Law No. A-100 of the Rural Municipality of North Norfolk.

[Assented to March 10th, 1916.]

HEREAS the Rural Municipality of North Norfolk, in Preamble. the Province of Manitoba, did on the fourth day of January, A.D. 1916, pass a by-law, numbered A-100, entitled "A by-law of the Rural Municipality of North Norfolk, to provide for the assessing of a portion of the costs incurred by the said municipality in the employment of engineers and other work incidental to the formation of the drainage in a portion. of the municipality on a flat rate basis per quarter section against the land in the proposed drainage district;" and whereas doubts have arisen as to the validity of the said by-law under "The Municipal Act," and it is desirous and expedient that all such doubts shall be removed and set at rest,

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

North Norfolk

confirmed.

1. The said by-law mentioned in the preamble of this Act, By-law A-100 of and set forth in the schedule A hereto annexed, and every Municipality clause, matter and thing in the said bylaw contained are here- legalized and by legalized and confirmed and are made binding on the council and corporation of the said Municipality of North Norfolk, and upon the owners of the land therein described, to all intents and purposes as if the same had been passed pursuant to statutory provisions and power for that purpose, and as if the said by-law had been enacted by the Legislature of this Province, and the validity and legality of the said by-law, and the assessments and levies made therein, shall not be questioned in any action, suit or proceeding in any court for any cause whatsoever.

powered to raise

2. The said council and corporation of the said Rural Council emMunicipality of North Norfolk shall raise and levy the several and levy. and respective special rates or taxes imposed by the said bylaw from and against the respective parcels of land therein described for the period and in the manner set forth in said by-law.

3. This Act shall not affect any litigation now pending.

4. This Act shall come into force on the day it is assented to.

Pending litigation not affected

SCHEDULE.

BY-LAW No. A-100.

A by-law of the Rural Municipality of North Norfolk, in Manitoba, to provide for the assessing of a portion of the costs incurred by the said municipality in the employment of engineers and other work incidental to the formation of a drainage district in a portion of the said municipality on a flat rate basis per quarter section, against the land in the proposed drainage district.

Whereas three-fourths in number of the persons shewn on the last revised assessment roll to be resident owners to the amount of at least two hundred ($200) dollars each of the property hereinafter set forth to be benefited by the drainage, and representing altogether at least one-fourth of the assessed value thereof, have, under the provisions of section 557 to 577 of "The Municipal Act," R.S.M. 1902, cap. 116, petitioned the council of the said Municipality of North Norfolk praying that: The council drain certain lands lying north of the range of hills running through township ten (10), in range ten (10), and through a portion of township ten (10), range nine (9), in the said rural municipality, and which property was particularly described in the petitions presented to the council and which property is hereinafter described; and whereas thereupon the said council procured an examination to be made by H. L. Vercoe, M.L.S., being a person competent for such purposes, of the locality to be drained, and also procure plans and assessments of the work to be made by the said H. L. Vercoe, and an assessment to be made by him of the real property to be benefited on the basis of the benefit to be derived therefrom of every quarter section or portion thereof, and road; and whereas the council are of the opinion that the drainage of the locality described is desirable; and whereas the council of the said municipality, in pursuance of the provisions of "The Municipal Act," caused the assessment prepared by the said H. L. Vercoe to be duly advertised and notice of such assessment to be served on the owners of the property in the district, and appointed the twenty-eighth day of May, A.D. 1914, as the date of the court of revision of the said Assessment; and whereas a great number of appeals were received by the clerk of the said municipality, objecting to the said assessment, and at the sittings of the court of revision held on the twenty-eighth day of May, and at the adjourned sittings of the court of revision held on the fifth day of June, A. D. 1914. petitions were received by the said council signed by in the neighborhood of fifty per cent. of the resident ratepayers of the said proposed drainage district, praying that the work be not further proceeded with, and the petitions contained a further clause under which the petitioners each agreed to pay their share of three-fourths of the costs and expenses incurred by the municipality on an acreage basis, provided the said drainage scheme was not further proceeded with; and whereas the council decided to accede to the request of the said petitioners and to levy three-fourths of the costs and expenses incurred by the municipality in connection with the said proposed drainage district, and interest on such costs and expenses at seven percentum per annum, against the lands contained in the petitions praying for the formation of the said drainage district on a flat rate basis per quarter section or fraction thereof;

And therefore the reeve and council of the Rural Municipality of North Norfolk, in the Province of Manitoba, in council assembled, at the Village of MacGregor, on the twenty-seventh of January, A.D. 1915, enacted bylaw No. A-91 of the said municipality as follows:

1. That the said drainage scheme be not further proceeded with.

2. For the purpose of paying the sum of four thousand seven hundred and seventy-six 02/100 ($4776.02) dollars, being three-fourths of the amount expended by the municipality in procuring plans and assessments to be made by the said H. L. Vercoe and other work incidental to the formation of the said proposed drainage district, and interest on said share from date of payment to date on which the rate is due, a special rate be and is hereby levied in each of the years 1915 and 1916 in the same manner and at the same time as taxes are levied on a flat rate basis per quarter section upon the under mentioned property, all of which special rate or tax shall be due and payable in two annual payments in the same manner

and at the same time as the ordinary taxes of the municipality are levied and payable in the years 1915 and 1916.

And whereas the said by-law A-91 of the said Municipality of North Norfolk was submitted to the Legislature and was not approved by the Legislature; and whereas the reeve and council of the said Municipality of North Norfolk deem it expedient that one-fourth of the costs and expenses incurred by the municipality in connection with the said drainage district, and interest on such costs and expenses at seven per cent. per annum, be levied against the lands contained in the petitions praying for the formation of the said drainage district, on a flat rate basis per quarter section or fraction thereof;

Now therefore the reeve and council of the Rural Municipality of North Norfolk, in the Province of Manitoba, in council assembled, at the Village of MacGregor, this fourth day of January, A.D. 1916, enact as follows;

1. That the said drainage scheme be not further proceeded with. 2. That the above cited by-law No. A-91 be and is hereby repealed. 3. That for the purpose of paying the sum of one thousand seven hundred and sixty-three 07/100 ($1763.07) dollars, being one quarter of the amount expended by the municipality in procuring plans and assessments to be made by the said H. L. Vercoe, and for work incidental in the formation of the said proposed drainage district, and interest on said share from the date of payment to the date on which the rate is due, a special rate be and is hereby levied in each of the years 1916 and 1917 in the same manner and at the same time as taxes are levied, on a flat rate basis per quarter section, upon the under mentioned property, all of which said rate or taxes shall be due and payable in two annual payments in the same manner and at the same time as the ordinary taxes of the municipality are levied and payable in the years 1916 and

1917.