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1915

CHAPTER 42

An Act to indemnify James Franklin Bole, Esquire, Member of the Legislative Assembly of Saskatchewan, whilst holding a Certain Office in the Gift of the Crown.

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[Assented to June 24, 1915.]

HEREAS by The Legislative Assembly Act it is amongst other things in effect provided that no person who shall hold any office or place of profit under the Government shall sit or vote in the Legislative Assembly, and that any person declared ineligible as a member of the Legislative Assembly who shall sit and vote therein while under such disability shall be liable to a penalty of $100 per day for every day he so sits or votes; and

Whereas James Franklin Bole, Esquire, member of the Legislative Assembly for Saskatchewan for the electoral division of Regina, was on the sixth day of April, 1915, appointed one of the members of a commission authorised to inquire into and report upon the system of liquor dispensaries or shops which recently existed in South Carolina under state control; and

Whereas it is proposed to pay to the said James Franklin Bole, Esquire, such sum as may be deemed requisite to reimburse him for his services and the expenses he was under for subsistence and transportation whilst employed on the work of the said commission:

Therefore his Majesty by and with the advice and consent of the Legislative Assembly of Saskatchewan enacts follows:

as

1. It is hereby declared that James Franklin Bole, Esquire, member of the Legislative Assembly for the electoral division of Regina, shall be capable of sitting and voting in the Legislative Assembly of Saskatchewan notwithstanding anything contained in The Legislative Assembly Act, and notwithstanding his acceptance of any sum that may be voted to reimburse him for his services or expenses of subsistence or transportation whilst a member of the commission appointed to inquire into and report upon the system of liquor

dispensaries or shops which recently existed in South Carolina under state control and the said James Franklin Bole, Esquire, is hereby indemnified and exonerated from liability to any penalty or otherwise for sitting and voting whilst not otherwise disqualified.

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HTS

1915

CHAPTER 43

An Act to amend The Statute Law.

[Assented to June 24, 1915.]

IS Majesty by and with the advice and consent of the
Legislative Assembly of Saskatchewan enacts as follows:

1. This Act may be cited as "The Statute Law Amend Title ment Act 1915."

2. Section 8 of An Act to incorporate The Regina Agri- Statutes of cultural and Industrial Exhibition Association Limited, is amended amended by striking out the words "thirty-three" in the second line thereof and substituting there for the words "thirty-seven"; by inserting between the words "directors" where it first occurs, in the second line and "the" in the same line thereof the words "four of whom shall be appointed, two by the minister of agriculture for Saskatchewan, and two by the council of the city of Regina"; by inserting between the words "the" and "directors" where the latter word last occurs in said second line thereof the word "remaining;" by inserting between the words "said" and "directors" occurring in the eighth line thereof, and between the words "or" and "directors" occurring in the twenty-first line thereof and between the words "of" and "directors" occurring in the twenty-third line thereof the word "elected"; and by striking out the words "so chosen" where they occur in the fourteenth line thereof.

(2) Section 10 of the said Act is amended by striking out s. 10 the words "to accept a representative or representatives from amended any society or organisation for" where they occur in the third and fourth lines thereof and substituting therefor the words "to appoint any person or persons interested in."

c. 8, s. 3,

3. Paragraph (h) of section 3 of The Attorney General's R.S.S. 1909, Act, as amended by section 3 of chapter 67 of the statutes of 1913, is repealed.

par. (h) repealed

c. 11, s. 22

4. Section 22 of The Public Works Act, is amended by R.S.S. 1909, inserting the following as subsections (3), (4) and (5) amended thereof:

Permit

Gates to be placed

Penalty

R.S.S. 1909,
c. 14,
new s. 7a

Annual report by minister

R.S.S. 1909,

c. 23, s. 2 amended

R.S.S. 1909,

c. 28, s. 2 amended

"(3) The minister may grant a permit to any owner of land or lessee of any tract of land held under grazing lease or used for grazing purposes, to close up or fence off any specified part of any road allowance or public road where lands held under grazing lease or used for grazing purposes are on both sides thereof.

"(4) Where an old trail crosses any land so closed up or fenced off, the holder of such permit shall place a gate and two tie posts at the point of intersection of such trail with the boundary. fence and furnish a notice board requiring the public to leave the gate closed:

"Provided that the right of the public to the free and uninterrupted use of such trail shall in no wise be affected.

"(5) Any person who fails to leave any such gate properly closed shall be guilty of an offence and liable upon summary conviction to a fine not exceeding $50 or to imprisonment for thirty days."

5. The Department of Municipal Affairs Act is amended by inserting therein immediately after section 7 the following as section 7a:

"a. The minister may prescribe the qualifications to be held by the secretary of any municipality."

(2) The said Act is further amended by adding thereto as section 19 the following:

"19. The minister shall submit to the Lieutenant Governor in Council an annual report upon the municipal institutions of the province, to be laid before the Legislative Assembly within ten days after the commencement of each session, giving such details as may enable the Assembly to judge of the operations of such institutions and of the department."

6. Section 2 of The Coal Mines Act is amended by striking out paragraph 6 thereof and substituting therefor the following:

"6. "Secretary' means the secretary of the bureau of labour."

(2) The said Act is further amended by striking out the word "minister" wherever it occurs therein and substituting therefor the word "secretary."

7. Paragraph 1 of section 2 of The Children's Protection Act, as amended by section 11 of chapter 41 of the statutes of 1910-11, is further amended by inserting immediately after the word "magistrate" in the second line thereof the words "a justice of the peace who is an officer of the Royal NorthWest Mounted Police or of the provincial police."

c. 51, s. 3

8. Section 3 of An Act respecting Distress for Rent and R.S.S. 1909, Extrajudicial. Seizure is repealed and the following substi- substituted tuted therefor:

taking

"3. If any person making a distress or seizure referred to Penalty for in sections 1 or 2 of this Act, shall take or receive any other excessive costs or greater costs than are set down in the said schedule or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really performed or done, the person aggrieved may cause the party making the said distress or seizure to be summoned before a judge of the supreme court sitting in chambers by notice of motion, and the said judge may order the party making the distress or seizure to pay to the person aggrieved a sum not exceeding treble the amount of the money taken contrary to the provisions of this Act and the costs of suit."

c. 54, s.

9. Section 36 of The Surrogate Courts Act is amended by R.S.S. 1909, striking out the words "and the said court" in the seventh line 36 thereof and inserting in place thereof the words "sitting in chambers and the said judge."

(2) Section 69 of the said Act is amended by inserting s. 69 between the words "province" and "is" in the fifth line the amended words "or in any of the states of the United States of America,"

amended

(3) Section 74 of the said Act is hereby amended by add- S. 74 ing the following subsections:

"(2) After such administration the official administrator Accounts to be filed by official shall in all cases file in the court an account of such adminis- administrator tration properly audited and certified as correct by an auditor acting under the authority of the provincial auditor.

certain cases

"(3) Excepting in the administration of estates which do Accounts to be passed not exceed in value the sum of $200, the official administrator before judge in may at any time after the expiration of eighteen months from the date of the grant of the letters of administration be required by any person interested in the estate either as beneficiary or creditor to pass his accounts before the judge.

administrator's

"(4) No remuneration shall be allowed to an official Official administrator in any estate unless and until the accounts remuneration thereof have been first audited and certified to date by such auditor and the amount of the remuneration to be allowed has been first certified to by such auditor according to the tariff to be fixed by the Lieutenant Governor in Council."

(4) The said Act is further amended by inserting the New s. 73a following after section 73:

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