Persons and municipalities 5. All persons and municipalities when making improveto protect out- ments, public or otherwise, shall protect all outline monuline monuments ments from being disturbed in the course of such improvements and shall provide traps in pavements or sidewalks covering such monuments when necessary to make them easily accessible. After improvements monuments to be restored to original location. Registrar-General may require municipalities to remedy dis turbance of monuments. may be col 6. When any improvement is to be made of such a character as to permanently alter the surface grade or to otherwise disturb or render practically inaccessible any outline monuments, the municipality or other person responsible for such improvement shall have a survey made under the direction of the Registrar-General referencing such monuments, and during the course of completion of such improvements the monuments shall be restored to their original locations or suitable monuments substituted therefor, to the satisfaction of the Registrar-General. 7. The Registrar-General, upon receiving a report from any surveyor indicating the disturbance in any way of any outline monument, may require the municipality in which such monument is situated to remedy any such disturbance of monuments or surveys to his satisfaction; and, if upon being required to If municipality do so the municipality refuses or neglects to comply with such neglects, cost requirement, the Registrar-General shall remedy the same to lected by muni- his satisfaction and the cost thereof shall be paid in the first place out of the consolidated revenue of the Province, and subsequently collected from the municipality through the Municipal Commissioner, provided that the cost aforesaid will exceed the sum of $100 the Registrar General shall not take the proceedings aforesaid without the approval of the LieutenantGovernor-in-Council. cipal commissioner. Where cost exceeds $100. Record in duplicate of surveys and monuments to be deposited in land titles of fice, Winnipeg. in Winnipeg 8. A certified record in duplicate shall be deposited forthwith in the Winnipeg land titles office of all surveys and restoration of monuments made under the provisions of the two preceding sections. Certified record 9. Such certified record shall be retained in the Winnipeg to be retained land titles office and a duplicate shall be deposited in the land titles office of the district in which the land affected is situated. land titles office. Records de posited under 10. All certified records deposited under the provisions sections 3 and 8 of sections 3 and 8 of this Act shall be accepted as prima facie prima facie evidence. evidence of the facts recorded therein." CHAPTER 108. An Act respecting the Rural Municipality of Swan River WHE [Assented to March 10th, 1916.] HEREAS doubts have arisen as to the legality of the Preamble. assessments made by the council of the Rural Municipality of Swan River in the years 1901, 1902, 1903, 1904, 1905, 1906, 1907, 1908, 1909, 1910, 1911, 1912, 1913, 1914 and 1915, and of the by-laws passed by the said council in the said years striking the rates and making the levies for the said years, and respecting the ability of the said municipality to enforce payment of the taxes now appearing in the books of the said municipality as being charged upon and against various persons, firms and corporations and upon and against certain lands, tenements and hereditaments, goods and chattels situate in said municipality during the years aforesaid, on account of certain provisions of "The Municipal Act" and "The Assessment Act" relating to the assessing, rating, levying and charging of said taxes not having been strictly complied with, and it is expedient to set such doubts at rest and to legalize and validate such assessments, by-laws, levies and taxes, Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: levying, charg legalized. 1. Notwithstanding any defect or irregularity in the pro- Assessments, ceedings taken in the making of such assessments or passing by-laws, rating. such by-laws, or of assessing, rating, levying and charging of ing of taxes said taxes, or in the proceedings prior or subsequent thereto, the said assessments, by-laws, levies and taxes are hereby declared to have been and to be sufficient, valid, effectual and binding as if all such proceedings had been fully and completely carried out according to all the provisions of "The Municipal Act" and "The Assessment Act," but no further or otherwise, the intention of this Act being only to cure all defects in the proceedings aforesaid, and the validity and legality of said assessments and by-laws, levies and taxes shall not be questioned in any action, suit or proceeding in any court on account of any defect or irregularity in said proceedings or on account of any provisions of "The Municipal Act" or "The Assessment Act" not having been complied with in the making of said assessment or the passing of said by-laws or in the assessing, rating, levying and charging of said taxes, or in the proceedings prior or subsequent thereto. 2. This Act shall come into force on the day it is assented to. CHAPTER 109. An Act respecting the Regulation and Taxation of HIS by Η [Assented to March 10th, 1916.] IS MAJESTY, by and with the advice and consent of the 1. This Act may be cited as "The Public Amusements Act." Short title. 2. In this Act Interpretation. (a) ""theatre' means any theatre, opera house, concert hall "Theatre." or any premises, room, place, house, hall, tent, building or structure of any kind, kept or used for public performance of tragedy, drama, comedy, farce, opera, burlesque, pantomime, vaudeville or any entertainment of the stage whatsoever; it also means any premises, room, place, house, hall, tent, building or structure of any kind to which the public is admitted where any cinematograph, moving picture or other similar apparatus is operated, and also means any travelling moving picture show. Hall." (b) "dancing hall" or "dancing pavilion" means any hall, "Dancing room, place, pavilion, tent or structure of any kind kept or used for public dancing; (c) "film exchange" means any premises, room, place, house, "Film exhall, tent, building or structure of any kind where films or slides change." are stored or are rented, sold, leased or supplied to any proprietor, lessee, manager or employee of any theatre; (d) "film" means any moving picture or cinematograph film "Film." or other similar device for use in connection with a cinematograph, and any part or section of any reel of such film; (e) "cinematograph" means any moving picture machine or Cinematoother similar apparatus; graph." "slide" means any stationary picture-slide or other "Slide." similar device for use in conjunction with a cinematograph; (g) "Treasurer" or "Minister" means the Provincial Trea- "Treasurer" or surer of Manitoba; "Minister." (h) "person" means any individual, union of individuals, "Person." partnership, or any body, corporate or politic; (i) "license" means a license issued or granted under this "License." Act or any renewal of such a license; (j) "board" means the board of censors, to be created and “Board." appointed by the Provincial Government under this Act; "Proprietary right." "Travelling moving picture show." "Theatre film exchange." Licence is required to operate. Form of license. (k) "proprietary right" is an interest or right acquired by virtue of a lease or co-partnership agreement, or any agreement of any kind, including an agreement authorizing the right to use or show any film; (1) "travelling moving picture show" means a picture show which travels about from place to place in the Province; (m) "theatre film exchange" means a film exchange owned or operated by the owner, lessee or manager of a duly licensed theatre of not less than 500 seats in a city. 3. (1) No person shall operate, manage, lease or conduct a theatre, dancing hall or dancing pavilion, to which the public is admitted, or open the same for the reception of the public therein upon payment of an admission fee, or operate, manage, lease or conduct a film exchange, theatre film exchange or travelling moving picture show, unless and until a license, under this Act, so to do has been granted, and is in force, and unless the tax provided for in this Act has been paid. (2) Said license shall be in the form set out in schedule A to this Act, or in a form to the like effect. Applicant for li- 4. Any person applying for any license, under this Act, shall cense to file statement with first file in the office of the Treasurer a statement, under oath, treasurer show-in one of the forms set out in schedules B, C, D, and F to this Act, or any forms to the like effect, showing— ing For theatres. Name and address of proprietor. Name of location. Seating capacity. Nature of entertainment. For dancing Name and location. When opened. For film exchanges Name and address of pro prietor. (1) in the case of a theatre (except travelling moving picture shows) (a) the name and full postal address of the proprietor or manager of the theatre for which a license is required; (b) the name and location of the said theatre; (c) the seating capacity of the said theatre; (d) the nature of the public entertainments, show or performance carried on, or likely to be carried on, in the said theatre; (2) In the case of a dancing hall or pavilion: (a) the name and full postal address of the proprietor, lessee or manager of the dancing hall or dancing pavilion for which a license is required; (b) the name and location of the said dancing hall or dancing pavilion; (c) during what portion of the year said hall or pavilion is open or is to be opened; (3) In the case of a film exchange (a) the name and full postal address of the proprietor of said film exchange, or the name of the lessee or manager of said film exchange, and his place of residence; |