l&m/vH-V-.L , % 'a 'Sa - C) 1 \ *jf rv V/? ~(Y2 cf ^ REVISED FOR OFFICE USE &UOffl/. &£&. WIVERDTY Of juwflK fmpH.* C£p tlfl 'tMtFcyf'trfrf • A v An Act respecting Rural Municipalities : Being Cap. 87, B.S.S. 1909, as amended by Cap. 21, 1910-11, and Cap. 29, 1912, and by Cap. 42, 1912 {Stat. Laic Am. Act). SHORT TITLE. 1. This Act may be cited as “The Rural Municipality Ac£/' ShorttltIe 1908-9, c. 6, s. 1. INTERPRETATION. 2. In this Act unless the context otherwise requires the^ t ® rpreta ' expression: 1. “Minister” means the minister of municipal affairs; 2. “Municipality” means any rural municipality estab¬ lished under the provisions of this Act; “Minister” “Munici¬ pality” 3. “Division” means a division of a rural municipality; I. “Council” means the council of a rural municipality; 5. “Reeve'’ means the reeve of a rural municipality; 6. “Councillor” means a member of the council of a rural municipality; 7. “Resident elector” means: “Division’ - “Council” “Reeve” I , “Councillor” (a) For the purpose of any municipal or other election provided by this Act held prior to the completion of p^,^ 0 n c °“' the first municipal voters’ list or the organisation voters’ list of a municipality any person of the full age of eighteen years who is actually residing in the muni¬ cipality or proposed municipality, as the case may be, and who has so resided therein and owned or been the occupant of assessable property therein as provided by this Act for a period of at least two months immediately prior to the date of such election; (b) After the completion of the first municipal voters’ ^ctor^amr • list any person of the full age of eighteen years completion of actually residing in the municipality whose name appears on the municipal voters’ list and who if so required by resolution of the council has paid all taxes due by him to the municipality as shown by the said list: f / 2 RURAL MUNICIPALITIES Occupant's Tight to vote “Elector" “Owner” “Occupant” “Person” “Secretary” “Treasurer” “Assessor” “Municipal voters’ list” “Land” “Public works” “Felony” “Misde¬ meanour” Provided that in no case shall the owner of land occupied by some person other than such owner, be deemed to he a resident elector unless the area of such land exceeds three hundred acres in which case the owner if an actual resident of the municipality as well as the occupant shall be deemed to be a resi¬ dent elector; 8. “Elector” means any person of the full age of eighteen years whose name appears on the municipal voters’ list as the owner of assessable property in the municipality and who if so required by resolution of the council has paid all taxes due by him to the municipality as shown by the said list; * 0. “Owner” includes any person who has any right, title or estate whatever or other interest than that of. a mere occupant in any land in a rural municipality; 10. “Occupanf” includes the inhabitant occupier of any land in a rural municipality or if there he no inhabitant occu¬ pier the person entitled to the possession thereof and the lease¬ holder or holder under agreement for sale and any person having or enjoying in any way for any purpose whatever the use of any land in a rural municipality; 11. “Person” includes corporations, joint stock companies and partnerships; 12. “Secretary” means the secretary or the secretary treas¬ urer of the municipality; 13. “Treasurer” means the treasurer or the secretary treas¬ urer of the municipality; 14. “Assessor” means the assessor of the municipality; 15. “The municipal voters’ list” means the voters’ list of the municipality or of any division thereof as finally revised; 1G. “Land” or “property” includes lands, tenements and hereditaments and any estate or interest therein; 17. “Public work” includes lands, streams, watercourses and property real and personal acquired for public works, dams or dugouts erected or made for the storage of water, roads, culverts, bridges, ferries, ditches, sidewalks, wells* drains and public buildings and all improvements, altera¬ tions and additions made to any such public work; < 18. “Felony” means any indictable offence which since the passing of The Criminal Code is punishable with death or imprisonment for a period of five years or over; 19. “Misdemeanour” means any offence for which under The Criminal Code the penalty is imprisonment for a term of less than five years and not less than two years; RURAL MUNICIPALITIES 3 20. “Hawker” and. “pedler” means and includes any “Hawker -*• ^ n,ii(l podlor” person who (being a principal or any agent in the employ off any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise for purchase and sale by such sample or pattern and upon the understanding that such goods, wares or merchandise are to be afterward delivered within the municipality to any person not being a wholesale or retail dealer in such goods, wares or merchandise or who sells such goods, wares or merchandise upon the streets, but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. 1908-09, c, 6, s. 2; 1912, c. 42, s. 11. 3. Wheresoever the word “herein" is used in any section of Py fln i tion of \ d “herein” this Act it shall be understood to relate to the whole Act and not to that section only. 1908-9, e. 6, s. 3. 4. Where forms are prescribe*,! any deviation therefrom not Deviation affecting the substance nor calculated to mislead shall not vitiate the same and forms to the like effect shall suffice. 1908-9, c. 6, s. 4. 5. Where power to make bylaws, regulations, rules or Power to orders is conferred it shall include the power to alter, or revoke revoke 01 the same from time to time and to make others. 1908-9, c. 6, byIaw9 s. 5. A . ' I 6. Where in this Act a certain date is fixed on or by which Extension of certain things are to be done or proceedings had if it appears that such date was fixed having regard to an earlier date fixed on or by which certain things are to be done or proceedings had then notwithstanding anything herein contained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date. 1908-9, c. 6, s. 6. If anything to be done by or under this Act at or within Extension of a fixed time cannot be or is not so done the minister may byorrier of order from time to time appoint a further or other time for mmis er doing the same whether the time within which the same ought to have been done has or has not expired. (2) Anything done within the time prescribed by such order shall be as valid as if it had been done within the time fixed by or under this Act. 1908-9, c. 6, s. 7. _ t PART I. Municipal Organisation. AREA AND BOUNDARIES OF MUNICIPALITIES. 8. Every municipality shall in so far as the same is prac- Area of # 47 # A # -1- mnnl/iln ticable comprise an area of 18 miles square or 324 square municipality 4 BUBAL MUNICIPALITIES Map of muni¬ cipalities Map open to inspection Area of divisions Application for petition When acted upon Number of residents The municipal committee miles and all municipalities shall he laid out on a uniform plan as nearly as the conditions of the system of Dominion lands survey and the physical features of the province will allow. 1908-9, c. 6, s. 8. 9 . Prior to the organisation of any rural municipality under the provisions of this Act the minister shall prepare a map of the province on which shall be outlined from time to time the area and boundaries of municipalities to he hereafter organised and such boundaries shall be fixed as provided in the next preceding section commencing at the south-eastern corner of the province. 1908-9, c. 6, s. 9. 10 . The map thus prepared shall at all reasonable hours he open to inspection and the boundaries of every municipality petitioned for shall subject to such variations as may be approved by the minister correspond with those indicated on the said map. 1908-9, c. 6, s. 10. ABEA OF BOUNDARIES OF THE DIVISIONS OF MUNICIPALITIES. 11 . Every municipality prior to its organisation shall in so far as the same is practicable be divided by the minister into divisions of uniform shape and area and every such divi¬ sion shall be assigned a number and shall as nearly as the conditions of survey and the physical features of the province will allow comprise an area of 54 square miles which area (unless in the opinion of the minister there are special reasons to the contrary) shall be not less than nine miles in length from north to south and six miles in width from east to west. 1908-9, c. 6, s. 11. ORGANISATION OF A MUNICIPALITY. 12. Whenever the residents of any portion of the province deem it advisable to take steps to organise a municipality in their neighbourhood they shall apply to the minister for a form of petition and for a plan showing the boundaries of the proposed municipality as indicated on the map referred to in section 9 hereof. (2) Efi such application received by the minister in any year shall be acted upon by him unless it is received before the first day of July in such year. 1908-9, c. 6, s. 12. 13 . ISTo portion of the province shall be organised as a municipality unless it contains actually resident therein a population in proportion of one person to each square mile of the area of the proposed municipality. 1908-9, c. 6, s. 13. 14 . E very petition for the organisation of a municipality shall be in such form as is prescribed by the minister, shall be signed by five resident electors who shall be known as “The RURAL MUNICIPALITIES 5 Municipal Committee” and shall be verified in such manner as the minister may direct. 1908-9, c. 6, s. 14. 15 . Every such petition shall be accompanied by a state- statement to «/ j. ^ -L t v accompany ment signed by at least fifty resident electors setting forth that petition the subscribers thereof are desirous of having a vote taken to determine whether or not the proposed municipality shall be organised as provided by this Act which statement shall be in such form as is prescribed by the minister. 1908-9, c. 6, s. 15. 16 . Upon receipt of such petition and statement in due ^t ho o r f isa ' form the minister may forthwith authorise the municipal election committee to proceed with an election as hereinafter provided and shall notify them of the divisions into which the proposed municipality is divided and of the boundaries thereof. 1908-9, c. 6, s. 16. 17. Upon receipt of such authorisation the municipal committee shall forthwith: time and place of poll ( a ) Fix a day, hour and place for holding the election for and against the organisation of a municipality, which day shall be not later than 30 days after the receipt of such authorisation; (b) ISTame a polling place for each division of the pro¬ posed municipality; (c) Appoint a suitable person to act as returning officer at the election for the organisation of the proposed municipality; ( d ) Appoint a deputy returning officer for each polling place one of whom may be the returning officer. (2) The polling places shall be located as provided by section 99 hereof. 1908-9, c. 6, s. 17. 18 . At an election for the organisation of a proposed Proceedings municipality all proceedings at the poll and preliminary and elections subsequent thereto and for the purposes thereof including a recount shall be conducted in the manner as nearly as may be as at an election of a reeve and council in an organised muni¬ cipality. 1908-9, c. 6, s. 18. 19 . It shall be the duty of the returning officer at least Notices to be fourteen days prior to the day fixed for the election to post up posted a notice of such election which shall be in the form following or to the like effect: Municipal Elections. Public notice is hereby given that, pursuant to a petition Form of forwarded to him, the minister of municipal affairs for Sas- notlce Where notices to be posted No poll cierk Form of ballot paper Directions to voters Form of poll book KUKAL MUNICIPALITIES katchewan has authorised an election to he held to determine whether or not the following area shall be organised into a municipality, as provided by The Rural Municipality Act, namely: (description of boundaries of proposed municipality). That a vote of the resident electors for and against the organisation of the proposed municipality will be taken on (day of week) the day of 19 from nine o’clock in the forenoon to four o’clock in the after¬ noon (mountain standard time) at the following places: For Division No. 1 consisting of (description of division) at (name of polling place). (Similarly describe other divisions and polling places.) And that I will at (describe the place), on (day of week) the day of 19 at twelve o’clock, noon, count and sum up the votes and declare the result of the election. Given under my hand at this day of 19 Returning Officer. (2) Every such notice shall be posted up in the places pro¬ vided by subsection (2) of section 102 hereof. 190S-9, c. 0, s. 19. 20. In the case of every such election no poll clerk shall be appointed but the deputy returning officer shall have and perform all the powers and duties of a poll clerk under this Act. 1908-9, c. 6, s. 20. 21. The returning officer .shall cause to be printed or pre¬ pared a supply of ballot papers to be used for voting for or against the organisation of the municipality which ballot papers may be in the following form : FOR AGAINST 1908-9, c. 6, s. 21. 22. The returning officer shall before the day of polling deliver or cause to be delivered to every deputy returning officer printed directions for the guidance of voters, which directions shall be supplied by the minister and shall be in such form as he shall direct. 1908-9, c. G, s. 22. 23. The poll book for the purposes of the election for the organisation of a proposed municipality may be in the follow¬ ing form: Poll Book. \ For Division Xo. of the proposed municipality of Record of Election held this day of 19 Xame of Voter Voted Remarks 1908-9, c. 0, s. 23. 24. The persons entitled to vote at the election for the Who may organisation of a proposed municipality shall he the resident Tote electors thereof; and every person who presents himself for the purpose of voting shall he required by the deputy return¬ ing officer before he is handed a ballot paper to sign a declara¬ tion that he is a qualified resident elector which declaration shall be in such form as is prescribed by the minister. (2) The returning officer if otherwise qualified to vote at the election may vote but he shall have no casting vote. (3) Every person who signs such declaration shall be entitled to vote. (4) Every resident elector shall be entitled to vote only in the division in which he actually resides. (5) Any person subscribing to the eleclaration aforesaid and who thereby makes any false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $20. 1908-9, c. 6, s. 24. 25. On the application of any person interested in pro- scrutineers looting or opposing the organisation of the municipality the returning officer or deputy returning officer shall authorise the attendance of two persons on behalf of the party applying at each polling place and at the final summing up of the votes. 1908-9, c. 6, s. 25. 26. Wherever a person presenting himself to vote has Name of signed the said declaration the deputy returning officer shall X»ter e d in immediately enter the name of such person in the poll book p 011 book and hand to such person a ballot paper which shall be signed on the back by the initials of the deputy returning officer. 1908-9, c. 6, s. 26. 27. At the close of the poll the deputy returning officer summing shall sum up the number of votes cast for and against the up V0te9 8 RURAL MUNICIPALITIES Declaration to be inclosed in ballot box Declaration of result of election Statement by judge on recount Equality of votes Returning officer to be secretary Statement to be sent to minister Equality of votes defeats organisation Minister to declare municipality organised organisation of the proposed municipality and shall enter a statement thereof in the poll hook; and all the ballot papers used or that were intended to be used in voting for or against the organisation of the proposed municipality shall in all respects he dealt with in the manner provided by section 146 hereof respecting other ballot papers. 1908-9, c. 6, s. 27. 28 . Each deputy returning officer shall inclose in the ballot box with the other packets the declaration signed by the voters in his polling division. 1908-9, c. 6, s. 28. 29 . The. returning officer shall at the time and place appointed count and sum up the votes cast for and against the organisation of the proposed municipality and shall publicly declare the result. 1908-9, c. 6, s. 29. 30 . In case of a recount of the votes polled at an election for the organisation of a proposed municipality the judge shall in lieu of the statement required by clause 9 of section 157 hereof transmit to the returning officer a statement showing the number of votes allowed by him for and against such organisation. (2) In case of an equality of votes for and against organi¬ sation on a recount by a judge such judge shall not take any action to decide the election. 1908-9, c. 6, s. 30. 31 . Until such time as the municipality is declared to be organised the returning officer shall have and exercise all the powers and duties of such secretary as prescribed by sections 151 to 157 inclusive hereof. 1908-9, c. 6, s. 31. 32 . At the expiration of the five days provided by section 155 hereof if no recount has been applied for or if a recount has been applied for forthwith after the returning officer has received fiom the judge a statement of the result of the recount the returning officer shall transmit to the minister a written statement of the result of the election which state¬ ment shall he in such form as is prescribed by the minister. 1908-9, c. 6, s. 32. 33 . In case the statement received by the minister shows an equal number of votes for and against the organisation of a proposed municipality the result of the election shall he deemed to he against such organisation. 1908-9, c. 6, s. 33. 34 . Upon receipt of such statement and upon being satisfied that the provisions of this Act have been substantially complied with the minister if the result of the election was in favour of the organisation of the proposed municipality shall by written order: RURAL MUNICIPALITIES 9 (a) Declare the municipality to be organised and assign to it a name and number; (&) Declare the divisions into which the municipality has been divided and assign to each division a number. r (2) Such order shall take effect only on, from and after the second Monday of December next following the date of such order. • (3) A notice of such order shall be sent by the minister to the municipal committee. 1908-9, c. 6, s. 34. 35 . Notice of the organisation of a municipality giving Notice of its name and number and a description of its boundaries and° 1=,anisa 10 the boundaries of its several divisions shall be published in The Saskatchewan Gazette and such notice shall be conclusive evidence of the organisation of the municipality of the date provided by the section last, preceding and that all the neces¬ sary formalities required by this Act have been complied with. 1908-9, c. 6, s. 35. 36 . In case there is a majority of votes against the organi- Expenses sation of a proposed municipality at any election all reason- ^a e inst e&Ult able expenses necessarily incurred in connection with such or » amsatlon election shall after the accounts therefor have been approved by the municipal committee be apportioned by the returning officer at such election among the local improvement districts including any large local improvement district which in whole or in part were within the boundaries of such proposed municipality in proportion to the area of each included in such proposed municipality; and unless paid within ten days after demands made on such local improvement districts as aforesaid by such returning officer the respective sums may be sued for and recovered from the local improvement districts as a debt due from them to the returning officer. 190S-9, c. 6, s. 36. 37 . The following fees and expenses and no others shall Fees be allowed to the several officers mentioned respectively for their services and disbursements at the election for the organi¬ sation of a municipality and the first election of a reeve and council: To returning officers: 1. When no poll held. $20 2. When poll held. $35 3. Dor necessary printing, the actual reasonable cost. 4. Dor providing ballot boxes, the actual reasonable cost. To deputy returning officers: 5. When poll held. $5 10 RURAL MUNICIPALITIES ( Organisation of small local improvement district into a rural municipality Alteration of boundaries of munici¬ palities G. For providing polling booth, the amount actually paid or agreed to be paid, not exceeding. $3 1908-9, c. 6, s. 37. 37a. Any small local improvement district which has been organised for twelve months may become a rural municipally by petitioning the minister for that purpose; the petition pray¬ ing for such organisation shall be signed by at least fifty per cent, of the actual resident ratepayers of the small local improvement district. (2) The petition shall be in such form as is prescribed by the minister and shall be certified as correct by the chairman and the secretary treasurer of the local improvement district so desiring to be organised as a rural municipality; such petition may be divided into separate pages, every signature on each of which shall be witnessed in writing by an elector of the district. (3) Ao action shall be taken by the minister on any such petition received by him later than the first day of October in any year. (4) Upon receipt of the petition required by section 37 a hereof and upon being satisfied that the provisions of the Act have 'been substantially complied with the minister shall by written order: (a) Declare the municipality to be organised and assign to it a name and number; (b) Declare the divisions into which the municipality has been divided and assign to each division a number. (5) Such order shall take effect only on, from and after the second Monday of December next following the date of such order. (6) A notice of such drder shall be sent to the secretary treasurer of the local improvement district. (7) The provisions of sections 12 to 37, both inclusive, of this Act shall not apply to any petition filed under the provi¬ sions of this section. 1910-11, c. 21, s. 1. ALTERATIONS IN BOUNDARIES OF MUNICIPALITIES. 38. The minister may bv order notice of which shall be published in The Saskatchewan Gazette: 1. Sever any portion of a municipality and annex the same to any adjoining municipality; 2. Annex to any municipality any outlying area adjacent to but not included within the limits of any municipality; RURAL MUNICIPALITIES 11 3. Alter and adjust the boundaries of two or more coter¬ minous or adjacent municipalities; 4. A ithdraw from any municipality any area established as a village under the provisions of The Village Act. 1908-9, c. 6, s. 38. e»9. In the event of the boundaries of any municipality Adjustment being altered in any manner as provided in the next preceding easTo? 1 '* m section the minister shall subject to the approval of the Lieu- boundaries tenant Governor in Council have power to make due provision for the' settlement and adjustment of all matters arising out cf such alteration including the disposition of the assets and liabilities of the municipalities affected and every decision of the minister approved of as aforesaid with respect to any such settlement and adjustment shall be final and binding on all parties concerned. 1908-9, c. 6, s. 39. ALTERATIONS IN BOUNDARIES OF DIVISIONS. 40. Upon the receipt of a petition from the council of any change of municipality the minister may by order notice of which shall biuSaries be published in The Saskatchewan Gazette alter and adjust the boundaries of one or more of the divisions of such muni¬ cipality. 1908-9, c. 6, s. 40. MISDESCRIPTION AND ERRORS IN DEFINING BOUNDARIES. 41. jSTo order, purporting to be made under section 34 or Errors in 38 of this Act shall be deemed invalid on account of any boundane3 noneompliance with any of the matters required by the said Act as preliminary to such order; and no misnomer, inaccu¬ rate description or omission in any such order shall in any wise suspend or impair the operation of this Act with respect to the matter misdescribed or omitted. 1908-9, c. 6, s. 41. 42. Any misdescription or other error in any order made Correction * # d of errors by the minister under the provisions of this Act may by any subsequent order be corrected and confirmed with such correc¬ tion as of the date in which it was made by the minister. 1908-9, c. 6, s. 42. BOUNDARY LINES OF MUNICIPALITIES AND DIVISIONS. 43. For the purposes of this Act whenever any munici- Boundary pality or division is wholly or in part described as comprising 1 9 certain townships, parts of townships-or sections in accordance with the system of Dominion lands survey the boundary lines of such municipality or division except as varied by the descrip¬ tion given in the notice required by section 35 hereof shall be the posted side of the road allowance between adjoining sec- 12 RURAL MUNICIPALITIES Disorganisa¬ tion Organisation of hamlets Organisation of hamlet tions or townships except in the case of correction lines where the south side of the road allowance shall be the boundary. (2) Any road allowance between an Indian reserve and a municipality shall be deemed to be in the municipality not¬ withstanding anything herein to the contrary. 1908-9, c. 6, s. 43. DISORGANISATION" OF MUNICIPALITY. 44. The Lieutenant Governor in Council may by order notice of which shall be published in The Saskatchewan Gazette declare that on and after a day therein to be named any municipality shall be disorganised and thereupon the same and the council thereof shall cease to have or enjoy any of the rights, powers and privileges vested in such corporations by this Act; and upon any such disorganisation of a munici¬ pality the minister may appoint one or more persons to adjust and settle the assets and liabilities of such municipality; and such person or persons so appointed shall have full power and authority to sell and dispose of and convert into money all the assets and property of such municipality and apply the same so far as the same will extend, first in payment of the liabilities of the said municipality and second in payment of his or their remuneration as hereinafter mentioned and divide the surplus, if any, pro rata among the electors of the said municipality entitled to share therein; and in case the amount so realised shall be insufficient to pay and satisfy the liabilities of the said municipality and his or their remun¬ eration then such person or persons shall have full power and authority to assess, levy, collect and enforce payment of in the same manner as a council and its officers are authorised to do by this Act such sum or sums of money as may be required to pay and satisfy such indebtedness or any balance thereof remaining unpaid and all expenses connected therewith including his or their remuneration which shall be fixed by the minister. 1908-9, c. 6, s. 44. HAMLETS. 45. In case at the time of the organisation of a munici¬ pality there is comprised within its limits any area of land which lias been subdivided into building lots or as a townsite such area shall be known as a hamlet and it shall be under the control of the municipal council. 1908-9, c. 6, s. 45; 1912, c. 2,9, s. 1. 46. Subsequent to the organisation of a municipality the subdivision of any.area into building lots or a townsite shall at once create the said area a hamlet which shall be under the control of the council of the municipality in which it is situated. 1908-9, c. 0, s. 46; 1912, c. 29, s. 2. RURAL MUNICIPALITIES I n O 47. The property in every hamlet shall be subject to assess- ment and taxation by the municipality in the manner herein- ha ^ t ^£ r g? after provided and the council shall each year cause at least one-half of the amount of the taxes estimated to be collected within such hamlet for municipal purposes to be expended in public works within the hamlet. 1908-9, c. 6, s. 47. PART II. Municipal Council. CONSTITUTION OF COUNCIL. 48. The council of every municipality shall consist of a councn 011 reeve who shall be the head thereof and of one councillor for each division. 1908-9, c. 6, s. 48. 49. Every reeve and every councillor shall hold office for of one year. 1908-9, c. 6, s. 49. OATHS OF OFFICE. 50. Every member of the council and every officer of the municipality shall before entering upon the duties of his office make and subscribe a declaration of office to the following' effect: I, A. B., do solemnly promise and declare that I will truly, oauTofoffice faithfully and impartially, to the best of my knowledge and ability execute the office (inserting the name of the office) to which I have been elected (or appointed as the case may he) in this municipality and that I have not received any payment or reward or promise thereof for the exercise of any partiality or malversation or undue execution of the said office and that I have not by myself or partner either directly or indirectly any investment in any contract with or on behalf of the said municipality except that arising out of a contract for the publication of any advertisement in a public newspaper, save * and except that arising out of my office as (naming the office). So help me God. 1908-9, c. 6, s. 50. 51. The person making such declaration shall before P eposi l of 1 . , . , . form of oath entering upon the duties of his office deposit the same m the office of the secretary: Provided that in the case of the councillors first elected for any municipality the said declaration shall be handed to the reeve at the first meeting of the council to be afterwards deposited by him with the secretary of the municipality. 1908-9, c. 6, s. 51. 14 l RURAL MUNICIPALITIES Municipality a body corporate Change of name Effect of change First meeting of council Proviso Time and place of meeting Regular meetings Spec* a 1 meetings COUNCIL A CORPORATION. 52. Every municipality is hereby declared a body corporate and the name of the body corporate shall be “The Rural Municipality of (naming the same ) No. ' .” 1908-9, c. 6, s. 52. CHANGE OF NAME. 53. The minister may from time to time alter the name of any municipality upon the petition of the council and notice of such alteration shall be published in The Saskatche¬ wan Gazette; and in such case the seal theretofore used by such municipality shall continue to be the seal thereof until changed by the council. 1908-9, c. 6, s. 53. 54. No change in the name of any municipality made in accordance with the provisions of the next preceding section shall affect any obligation, right, action or property incurred, established, done or acquired prior to such change. 1908-9, c. 6, s. 54. MEETINGS OF COUNCIL. 55. The first meeting of each council shall he held on the first Monday in January except when that day is a public holi¬ day in which case such meeting shall he held on the next subse¬ quent day which is not a public holiday and the council of the previous year shall hold office until the new council meets: Provided however that the first council elected in any muni¬ cipality shall hold office from the date of the election, excepting when the municipality shall have been a small local improve¬ ment district. (2) Such meeting shall he held at such hour and place as shall be fixed by the reeve and written notice of such meeting shall he given by the reeve to each member of the council by mailing the same to his address at least eight clear days prior to the date of such meeting or hv delivering it to each councillor personally or in the absence from his residence of any coun¬ cillor to any adult person thereat at least three clear days prior to the date of such meeting. 1908-9, c. 6, s. 55 ; 1910-11, c. 21, s. 2. 5(5. The council may at any meeting at which J all the members of the council are present decide by resolution to hold regular meetings of the council and such resolution shall state the day, hour and place of every such meeting and no rotice of any such meeting shall be necessary. 1908-9, c. 6, s. 56. 57. A special meeting of the council shall be called bv the secretary of the municipality when he is required so to do in writing by the reeve or by any three members of the council RURAL MUNICIPALITIES 15 and written notice of every such special meeting stating the time and place when and where it is to be held and in general terms the nature of the business to be transacted thereat shall be given by the secretary in the manner provided by section 55 hereof. (2) No business other than that stated in the said notice shall be transacted at any special meeting of the council unless all the members of the council are present in which case by unanimous consent any other business may be transacted. 1908-9, c. 6, s. 57. 58. The council may by unanimous consent waive notice Waiver of of any first, special or other meeting and hold a meeting at meeting any time but every member of the council must be present at such meeting. 1908-9, c. 6, s. 58. 59. Every meeting of the council shall be held either in riaoe of the municipality or in some city, town or village the area of IUCLtinff which touches at some point the limits of the municipality: Provided that by the unanimous consent of the council its meetings may be held at any point outside the limits of the • municipality. 1908-9, c. 6, s. 59. PROCEEDINGS AT MEETINGS. 60. Every council may make rules and regulations for Regulations governing its proceedings, calling meetings, the conduct offor govern- 8 its members, appointing committees and generally for the ment transaction of its business provided that no such rule or regulation be contrary to law or the provisions of this Act. 1908-9, c. 6, s. 60. 61. A majority of the whole council shall be necesasry to Quorum form a quorum and no business shall be transacted unless there be a quorum. 1908-9, c. 6, s. 61. 62. The reeve shall preside at every meeting of the Reeve to council and he shall preserve order and enforce the rules 0 f presI 0 a l f n ™f 1 nt of members thereof a sum not exceeding $4 per diem for the reeve and $3 per diem for each councillor for each meeting and ten cents for every mile necessarily travelled in coming to and returning from such meetings of the council: Provided that the total number of meetings for which each councillor may be paid during the year for which he is elected shall not exceed fifteen in each year; And provided further that in case any meeting of the council is held outside the limits of the municipality no member of the council shall be paid for the mileage travelled by him beyond the limits of the municipality. 1908-9, c. 6, s. 74. 74a.. Every council may pass a resolution for paying mem¬ bers thereof a sum not exceeding three dollars for every day and ten cents for every mile respectively necessarily occupied or travelled in laying out or inspecting work done in the municipality for periods not exceeding in the aggregate ten days in each year; the work so performed shall be duly authorised by a resolution of the council board excepting where the duties performed are of an emergent nature in which case the payment or nonpayment of the councillors’ fees for such work shall be at the discretion of the council board: Provided that a special report setting forth the work done by such members and the^ remuneration received therefor under this section shall be prepared and submitted to the ratepayers of the said municipality at the nomination meeting thereof and a copy of such report shall be mailed to the minister. 1910-11, c. 21, s. 3. Payment of councillors Proviso COMMITTEES. 75. The council may from time to time appoint standing Committees or special committees consisting of one or more of its members and may delegate to such committees any matter for considera¬ tion, inquiry, management or regulation and may delegate to any such committee any of the duties and powers by this Act conferred and imposed upon the council except the power to borrow money, pass a bylaw or enter into a contract. (2) Every committee to whom any duty or power is dele¬ gated as aforesaid may exercise or perform the same in like manner and with the same effect as the council. 18 RURAL MUNICIPALITIES (3) Every such committee shall be subject in all things to the council and shall carry out all directions given to it by the council. 1908-9, c. 6, s. 75. VACANCIES. % Resignation 76. Any reeve or councillor wishing to resign his seat in the council may do so at any time by sending notice in writing of such resignation to the secretary and every such notice shall be brought to the attention of the council at its next meeting and steps shall be taken immediately by the council to fill the vacancy. 1908-9, c. 6, s. 76. Declaration oi 77. If after the election of any person as a member of the council he is convicted of felony or becomes, insolvent within the meaning of any Act in force in the province respecting insolvency or assigns his property for the benefit of his creditors or absents himself from the meetings of the council for three consecutive months without being authorised by a resolution of the council the seat of such person in the council shall forthwith become vacant. 1908-9, c. 6, s. 77. 78. If a seat in the council becomes vacant by death, resignation or otherwise the council shall forthwith appoint a returning officer to hold an election to fill the vacancy and such election shall be held as nearly as may be in the manner provided by this Act for other elections; but if such vacancy occurs after the first day of November in any year such election shall not take place. 1908-9, c. 6, s. 78. APPOINTED COUNCILLORS. Minister may 79. Whenever the residents of any division of a mnnici- eouncnior "pality constituted under this Act’neglect or refuse to elect a councillor the minister may appoint some one to act as coun¬ cillor in such division. 1908-9, c. 6, s. 79. Lieutenant Governor in Council may appoint whole council 80. The Lieutenant Governor in Council may at any time appoint some person to act as councillor for one or more of the divisions of a municipality or may appoint some person or persons to act as reeve and councillors for all the divisions of the municipality and every such person so appointed shall have all the powers and authorities conferred by this Act on elected members of the council and shall be remunerated out of the funds of the municipality or otherwise as the Lieutenant Governor in Council may determine. (2) Upon the appointment of any person or persons as aforesaid the person or persons, as the case may be, previously elected as members of the council and in whose stead such appointment or appointments were made shall cease to hold office. 1908-9, c. 6, s. 80. RURAL MUNICIPALITIES 10 PART III. Municipal Elections. FIEST ELECTION EOE REEVE AND COUNCILLOR. 81. In the case of every municipality declared by the Nomination minister to be organised as of the second Monday of December, jfrst election 1909, the municipal committee shall by resolution at least two weeks prior to the last Monday of November: (a) Name a place for holding the nomination meeting; (&) Appoint a returning officer; (c) Name a polling place for each division; (d) Appoint a deputy returning officer for each polling place. 1908-9, c. 6, s. 81. 82. In case -a member or members of the municipal com- Appoint- mittee dies or leaves the municipality before the passing ofc^mmutne the resolution provided for in the last preceding section or refuses or is unable to act the remaining member or members may appoint another resident elector or electors in the place of the member or members so dying or leaving the munici¬ pality or refusing or being unable to act; and such remaining member or members together with those so appointed shall thereafter be the municipal committee. (2) Whenever it appears to him necessary or expedient the may minister may appoint one or more persons to act in the place person to of the municipal committee in any municipality; and such committee person or persons shall have and exercise all the duties and powers of the municipal committee and upon any such appoint¬ ment the municipal committee in such municipality shall cease to have the powers vested in it herein. 1908-9, c. 6, s. 82. 83. In the case of any municipality declared to be organised i^eaHm-^ after the first day of January, 1910, the council of the local council to be improvement district organised into such municipality shall aftei^ Ittee have and exercise all the duties and powers of the municipal j T ^ liary committee. 1908, c. 6, s. 83. 84. Until such time as the secretary is appointed the return- Ryturnin? • , t/ l ± * ' ofneer to no ing officer at the first election for a reeve and councillors in a secretary municipality shall have and exercise all the powers and duties of such secretary as prescribed by sections 151 to 157 inclusive hereof. i908-9, c. 6, s. 84. THE MUNICIPAL VOTERS* LIST. 85. On or before the first day of October in each vear the Payment ° f council shall determine by resolution whether or not the pay- voting ment of all taxes due to the municipality by all persons 20 RURAL MUNICIPALITIES Voters’ list Particulars whose names appear on the last revised assessment roll thereof shall be required to entitle such persons to qualify as electors of the municipality as defined by clauses 7 and 8 of section 2 hereof. (2) A certified copy of every such resolution shall be forth¬ with transmitted by the secretary to the treasurer of the municipality. (3) In case for any cause such resolution is not passed by the council the payment of taxes shall not be deemed to be a qualification for electors. 1908-9, c. 6, s. 85; 1910-11, c. 21, s. 4. 80. The treasurer of every municipality shall on or before the first day of November in each year prepare a list of all persons whose names appear on the last revised assessment * roll of the municipality and such list which shall be in the form following shall be arranged according to the divisions of the municipality and shall be known as “The Municipal Voters’ List:” Voters’ List of the Rural Municipality of.No. Division No. For the year 19 ... . No. on List Name of Voter Description of Property Owner or Occupant Resident or Non- Resident No. of Acres As’sed Payment of Taxes Pt. of Sec. Sec. d Rge. Mer. i • 1908-9, c. 6, s. 86. 87. In preparing the said list for each division of the municipality the treasurer shall enter in the appropriate columns of the form prescribed the following particulars which shall be taken from the last revised assessment roll of the municipality: 1. The names of all persons assessed in the division arranged alphabetically according to their surnames; % 2. A brief description of the land or other property for which each such person is assessed; 3. The word “occupant” or “owner,” as the case may be; 4. The w T ord “resident” or “nonresident,” as the case may be; 5. The number of acres for which each such person is assessed; , / RURAL MUNICIPALITIES 21 6. The word “paid” if such person has paid all taxes due by him to the municipality when the payment of taxes is required by the council as a qualification for voting. 1908-9, c. 6, s. 87. 88. When the said list has been prepared as provided in the Treasurer’s next preceding two sections the treasurer shall immediately ceruficate after the last name on the list for each division write the words “certified correct” followed by his signature and the date on which such certificate is made which date shall not be later than the first day of November as aforesaid. 1908-9, c. 6, s. 88. 89. The treasurer shall then forthwith make a true and Post copy of correct copy of the said list and post the same in his office treasurer’s and such copy or the original thereof shall be open to inspec- offlce tion by any person at all reasonable hours. 1908-9, c. 6, s. 89. 90. In case through inadvertence or otherwise any mistake, Revision of error, wrongful entry or omission whatsoever has been made in the said original list or copy it shall be the duty of the treasurer upon being notified in writing by any person of such mistake, error, wrongful entry or omission to revise the said list accordingly; but no such revision shall be made except for the purpose of correcting the spelling of names unless the said notification is received by the treasurer at least seven clear days prior to the date fixed for the annual election in the municipality and unless the last revised assess¬ ment roll of the municipality when compared with the said list shows the latter to be inaccurate or incomplete in the manner complained of in the said notification. (2) In the event of the payment of taxes being fixed by the council as a qualification for voting as herein provided it shall be the duty of the treasurer to revise the said original list and copy thereof from time to time by adding the word “paid” in the proper column after the name of every person who pays all taxes due by him to the municipality at any time prior to seven clear days before the date fixed for the annual election in the municipality. (3) Every revision of the said original list and the said copy by way of alteration, correction or addition shall have placed opposite it the date of such revision and the initials of the treasurer. 1908-9, c. 6, s. 90. 91. Any treasurer who refuses or neglects to prepare the Penalty for said list as herein provided or who neglects or fails to enter treas ' urer on the said list the name of any person whose name appears on the last revised assessment roll of the municipality or who. neglects or fails to enter in the said list any other particular as provided herein or who enters in'the said list the name of any person that does not appear in the said roll or who refuses, Annual election Qualification 93 . The persons 1 eligible for election as reeve or councillor of reeve unci J- ~ eouneiiiora shall be the male electors of the municipality who are of the full age of twenty-one years, who have paid all taxes due by them to the municipality and who are British subjects or who shall have made a statutory declaration of their intention to become such which declaration shall be in the form following: Candidate"’ s Declaration of Intention. Canada: H of Province of Saskatchewan, 1 To wit: j in the Province of Saskatchewan (occupation ) do hereby solemnly declare: 1 . That I am not a British subject ; 2 . That I have not resided in Canada for a sufficient period of time to comply with the conditions of qualifications of resi¬ dence to be naturalised and that it is my intention to become naturalised as a British subject as soon as the conditions of qualification by residence permit me to do so; 3. That I am in all other respects than naturalisation eligible and qualified for election as a reeve or councillor of a rural municipality. And I make this solemn declaration conscientiously believ¬ ing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada . * r Evidence Act. Declared before me at 'j in the Province of Saskatchewan , this day of 19 . J A J.P., N.P. or Commissioner for Oaths. 1908-9, c. 6 , s. 93; 1909, c. 35, s. 32. RURAL MUNICIPAL1TIES fails or neglects to revise the said list in any particular as herein provided shall for each such refusal, neglect or failure be guilty of an offence and liable on summary conviction to a fine not exceeding $50. ( 2 ) The provisions of this section shall apply to the preparation of any copy of the said list which by the provisions of this Act the treasurer is required to prepare. 1908-9, c. G, s. 91. ANNUAL ELECTION. 92. There shall be held annually in every municipality an election for reeve and councillors which election shall be con¬ ducted at the time and in the manner hereinafter provided. 1908-9, c. 6 , s. 92. QUALIFICATION OF COUNCILLORS. RURAL MUNICIPALITIES 23 94. No secretary, treasurer, assessor, auditor, constable or Disquaiifica- other paid official of the municipality, no inspector of licenses, tI0U no person having by himself or his partner any interest in any contract with or on behalf of the municipality or being indebted to the municipality, no surety for an officer or an employee of the municipality and no person who has been convicted of treason, felony or of an offence punishable with death or with imprisonment for more than five years shall be qualified to be a member of the council: 1908-9, c. 6 , s. 94. 95. No person shall be disqualified from being elected a shareholder member of the council by reason of his being a shareholder in qualified any incorporated company having dealings or contracts with the municipality or by reason of his having a contract for the publication of any advertisement in a public newspaper. 1908-9, c. 6 , s. 95. 9(5. No person may be elected as a member of the council Member ° f 1 -, . . . j» . . _ council to lor more than one division of a municipality. 1908-9, c. 6, represent qp ' oniy one s. JO. division MEETINGS EOR NOMINATION OF COUNCIL. 97. In the case of all annual elections subsequent to the first Provision election for a reeve and councillors the council shall by resolu- nomination tion at least two weeks prior to the last Monday of November meeting in each year: (a) Name a place for holding the nomination meeting; (b) Appoint a returning officer; (c) Name a polling place for each division; (d) Appoint a deputy returning officer for each polling place. 1908-9, c. 6 , s. 97. 98. The place named for holding every nomination meeting pi ace 0 t shall be within the municipality or within some city, town or nommatlon village the area of which touches at some point the limits of the municipality. 1908-9, c. 6 , s. 98. 99. The place named as a polling place for any division pi aC e of shall be within such division or within some city, town or poIlme village the area of which touches at some point the limits of the division: Provided that in any case where a local option bylaw or Proviso repealing bylaw is being voted on in any municipality under the provisions of The Liquor License Act a poll shall be held in every village within the division; two-thirds of the cost of each such additional poll held in any village on account of the local option bylaw or repealing bylaw shall be borne by the village in which such poll is held. 1908-9, c. 6 , s. 99; 1910-11, c. 21, s. 5. 24 RURAL MUNICIPALITIES Hour of meeting Officials declaration Posting notices 100. Every annual meeting called for the nomination of members of a council shall be held from one o’clock to two o’clock in the afternoon (mountain standard time) of the first Monday of December in each year. 1908-9, c. 6, s. 100. ELECTION OFFICIALS' DECLARATION. 101. Every returning officer shall before entering upon the duties of his office take and subscribe before a justice of the peace or a commissioner for oaths the oath in the form follow¬ ing and every deputy returning officer, poll clerk, constable or other officer appointed to act at an election shall before entering upon their respective duties take and subscribe before the returning officer or any person authorised to administer oaths within the province the said oath. Form of Oath. Canada: ) j Province of Saskatchewan, - Xo wit: J of • in the Province of Saskatchewan, do swear that I will not at any time disclose to any one the name of any person who has voted at the elec¬ tion to he held in the municipality of on the day of 19 ; and that I will not unlawfully attempt to ascertain the candidate or candi¬ dates for whom an elector has voted and will not in any way aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the person for whom an elector has voted. So help me God. Sworn before me at 1 in the Province of Saskatchewan j this day of 19 . i A J.P., N.P. or Commissioner for Oaths. 1908-9, c. 6, s. 101. 102. It shall be the duty of the returning officer at least seven clear days prior to the date fixed for the nomination meeting to post up a notice of such meeting which shall he in the form following or to the like effect: Notice for Nomination for Elections. Pural Municipality of .No. Municipal Elections 19 Public notice is hereby given that a meeting of the electors of the rural municipality of No. will he held at {description of place) on {day of week) the day of 19 , from one o’clock to two o’clock in the afternoon (mountain standard time) for the purpose RURAL MUNICIPALITIES 25 of nominating candidates for the offices of reeve of the munici¬ pality and a councillor for each division. Given under my hand at this day of 19 Returning Officer. (2) Every such notice shall he posted in at least two widely separated conspicuous places in each division of the munici¬ pality. In case there is a post office in any division one of the said notices shall he conspicuously posted therein and in case there are two or more post offices in any division the said notice shall be conspicuously posted in each of them. 1908-9, c. 6, s. 102. PROCEEDINGS AT NOMINATION MEETING. 103 . At the time and place named in the notice the return- Nomination ing officer shall declare the meeting open for the purpose of receiving nominations of persons to serve as reeve and coun¬ cillors for the municipality and the meeting shall remain open until two o’clock in the afternoon (mountain standard time) when if only one candidate is nominated to serve as reeve the returning officer shall declare the candidate so nominated duly elected; and ifJfie number of persons nominated to serve as councillors for each division does not exceed the number required to be elected the returning officer shall declare the persons so nominated duly elected. 1908-9, c. 6, s. 103. 104 . Every nomination for reeve and councillor shall be in Nomination writing in the form following and shall be signed in the case of reeve by at least five electors of the municipality and in the case of councillors by at least two electors of the division. Nomination Paper. We, the undersigned electors of the Pural Municipality of No. , hereby nominate {name, residence and occupation of the person nominated ) as a candidate at the election now about to be held of a reeve for the said municipality (or a councillor for Division No. of the said municipality as the case may be). Witness our hands this day of 19 . Signatures of Electors. Candidate's Acceptance. I, the said , nominated in the foregoing nomination hereby state that I am eligible for such nomination and that I will accept the office if elected. 26 11 URAL MUNICIPALITIES Statement of eligibility and consent Place and date of poll Withdrawal Notice that there will be no poll Signed in tlie presence of Name of Witness. 1908-9, c. 6, s. 104; 1910-11, c. 21, s. 6. Name of Candidate. 105 . E very such nomination to he valid shall also be accom¬ panied hy a written statement signed by the person nominated to the effect that he is eligible for nomination as provided by section 93 hereof and that he will accept office if elected. 1908-9, c. 6, s. 105. 106 . In the event of more than the required number of persons being’ nominated for any division or divisions the returning officer shall declare that a poll will he held and shall name the time (which shall he on the same day of the week as the nomination but in the next week following) and the place within each division where the votes are to he polled and also the time and place at which the result of the polling will he declared. 1908-9, c. 6, s. 106. 107 . Any candidate nominated may withdraw at any time within forty-eight hours after the close of the nomination meeting by filing with the returning officer a declaration in- writing to that effect signed in the presence of two witnesses or the returning officer. 1908-9, c. 6, s. 107. 108 . If by reason of any such withdrawal or withdrawals the number of candidates remaining in nomination for any office does not exceed the number required by this Act to be elected for such office the polling for such office shall not take place and the returning officer shall forthwith post up a notice in the following form and such notice shall be given in such divisions of the municipality as may be required in the manner provided by section 102 hereof: MoTICE. Rural Municipality of Mo. Municipal Elections 19 . Division Mo. Whereas nominated for the offico of has withdrawn his candidature for the said office, leaving the only candidate, therefore I hereby give notice that no voting for the said office will take place on the day of {date of polling'). Dated under my hand at this day of 19 1908-9, c. 6, s. 108. Returning Officer. RURAL MUNICIPALITIES 27 TIME AND NOTICE OF POLL. 101 ). Whenever a poll is required to be taken for the elec- Hours of poll tion of a reeve or councillor it shall be held on the same day of the week as the nomination for the said election hut in the next week following and every such poll shall be open from the hour of nine o’clock in the forenoon to four o’clock in the afternoon (mountain standard time) in each division of the municipality when the election is of a reeve and in each division of the municipality in which a poll is required to be held for the election of a councillor. 1908-9, c. 6, s. 109. 110. Xotice of every such poll required to be taken shall Notice of % within seventy-two hours after the nomination be posted up by the returning officer in the manner provided by section 102 hereof and every such notice shall be in the form following: «/ o / Notice of Poll. Rural Municipality of Xo. . Municipal Elections 19 Public notice is hereby given that a poll has been granted for the election of a repve for the municipality and of a coun¬ cillor for divisions Xo. (as the case may he) for. the year 19 and the polling will take place on (day of week) the day of 19 from nine o’clock in the forenoon to four o'clock in the afternoon (mountain standard time) at (specify polling places) and that I will at (describe the place) on (day of week) the day of 19 at noon sum up the votes and declare the result of the elections. ' Given under mv hand at this dav of ' 19 . 1908-9, c. 6, s. 110. Returning Officer. * PREPARATIONS FOR POLL'. 111 . If so authorised by the council the returning officer Poll clerk and each deputy returning officer may appoint a poll clerk who in the absence of the returning officer or deputy returning officer for any cause shall have all the powers of the said returning officer or deputy, as the case may be. 1908-9, c. 6, s. 111. 1 12. The returning officer shall procure for each division Ballot box of the municipality a suitable ballot box to be made of some dry durable material and each box shall be provided with a lock and key and shall be so constructed that the ballot papers can be deposited therein and cannot be withdrawn therefrom unless the box is unlocked. 1908-9, c. 6, s. 112. 28 RURAL MUNICIPALITIES Ballot papers Printed or written Form for reeve « Form for councillor Supplies for deputy returning officers Directions for voters 113 . The returning officer shall also cause to he printed or prepared a supply of ballot papers sufficient for the purposes of the election. 1908-9, c. 6, s. 113. 114 . The ballot papers shall be either printed or written or partly printed and partly written and separate ballot papers of different colour shall be provided for the election of reeve and councillors. 1908-9, c. 6, s. 114. 115 . The ballot papers for the election of a reeve shall contain the names of the candidates duly nominated arranged alphabetically in the order of their surnames and shall be in the following form: REEVE Allen, Charles Brown, John Clark, John 1908-9, c. 6, s. 115. 116 . The ballot papers for the election of councillors shall be prepared for each division of the municipality and shall contain the names of the candidates duly nominated for each such division arranged alphabetically in the order of their surnames and shall be in the following form: COUNCILLORS: DIVISION No. Black, William Foster, Henry Smith, Frank 1908-9, c. 6, s. 116. 111 . Before the opening of the poll the returning officer shall deliver or cause to be delivered to every deputy returning officer the ballot papers which have been prepared for use in the division for which such deputy returning officer shall have been appointed to act and such other materials as are neces¬ sary in order to enable the electors to mark their ballot papers. 1908-9, c. 6, s. 117. 118 . The returning officer shall before the opening of the poll cause to he prepared such number of printed directions for the guidance of voters in voting as he may deem sufficient, RURAL MUNICIPALITIES 29 and such directions shall be printed in conspicuous char¬ acters and may be according to the following form: Directions for the Guidance of Voters in Voting. The voter will go into the compartment and with a pencil provided in the compartment place a cross (thus X) on the right hand side opposite the name of the candidate for whom he votes or at any other place within the division which contains the name of such candidate. The voter will fold up the ballot paper so as to show the initials of the deputy returning officer signed on the back and leaving the compartment will without showing the front of the paper to any person deliver such ballot so folded to the deputy returning officer and forthwith quit the polling place. If the voter inadvertently spoils the ballot paper he may return it to the deputy returning officer who will give him another ballot paper. If the voter votes for more candidates for any office than he is entitled to vote for his ballot paper will be void and will not be counted for any of the candidates for that office. If the voter places any mark on his ballot paper by which he may afterwards be identified or if the ballot paper has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified it will be void and not counted. If the voter takes a ballot paper out of the polling place or deposits in the ballot box any other paper than the one given to him by the officer he will be subject to imprisonment for any term not exceeding six months with or without hard labour. 1908-9, c. 6, s. 118. PROCEEDINGS OF POLL. * \ 119 . On the day fixed for the taking of a poll the deputy Deputy returning officer shall be present at the polling booth in his officer division at least fifteen minutes before the time fixed for •opening the poll. 1908-9, c. 6, s. 119. 120 . Every polling booth shall be furnished with a Voting com- compartment (which may be arranged by hanging a screen) partment in which the voters can mark their ballots without being seen and it shall be the duty of the deputy returning officer to see that such compartment is provided. 1908-9, c. 6, s. 120. 121 . Every deputy returning officer shall before the open- fictions ing of the poll cause to be posted on the outside of the entrance to the polling booth as well as in the compartment in the polling booth a copy of the directions referred to in section 118 hereof. 1908-9, c. 6, s. 121. 30 RURAL MUNICIPALITIES Secretary to furnish copies Secretary to furnish copies of voters’ list Poll book Agents Persons present in polling booth 122 . The secretary shall prior to every election furnish every returning officer with at least two copies of section 118 hereof and it shall he the duty of the deputy returning officer to post the same in conspicuous places at his polling place and to see that they are kept so posted up during the hours of polling. 1908-9, c. 6, s. 122. 123 . Except in the case of elections held prior to the com¬ pletion of the municipal voters’ list it shall he the duty of the secretary of the municipality to furnish to the returning officer for distribution to his deputies such number of copies of the said list as the returning officer may require. 1908-9, c. 6, s. 123. 124. The returning officer shall also furnish to each deputy returning officer a poll hook in which shall be entered the record of the poll and such poll book shall be in the following form: Poll Book. For Division ETo. of the Rural Municipality of Ro. Record of Election held this day of 19 for the election of (state purpose of election). Name of Voter His No. on Voters’ List Voted for Sworn cr Refused to Swear Remarks Reeve Coun¬ cillor 1908-9, c. 6, s. 124. 125 . Any person producing to the deputy returning officer a written authority to represent a candidate as his agent at the polling place shall be recognised as such by the deputy returning officer but not more than two agents of any candi¬ date shall be entitled to be present at the same time in any polling place during the voting or counting of votes. 1908-9, c. 6, s. 125. 126 . The persons entitled to be present at any one time in any polling booth during the hours of polling shall be the returning officer, the deputy returning officer, the poll clerk and the candidates for reeve, any candidate for councillor and not more than two agents of any such candidate and one voter. 1908-9, c. G, s. 126. RURAL, MUNICIPALITIES 31 127 . At the time fixed for the opening of the poll the deputy Opening of returning officer shall declare the poll open and announce that he is prepared to receive votes for the candidates nominated. 1908-9, c. 6, s. 127. 128 . The persons entitled to vote for reeve or councillor Persons shall be the electors of the municipality. vote (2) In the case of an annual or general election each One vote elector shall he entitled to vote once only for reeve and every such Elector may vote for one councillor only in each vote in each division of the municipality in which his name appears on counemor" the municipal voters’ list. (3) In the case of any special election for the election of ^3.^ a councillor in any division of the municipality each elector election whose name appears on the municipal voters’ list for such division shall be entitled to vote. 1908-9, c. 6, s. 128; 1910- 11, c. 21, s. 7. DECLARATION OF RESIDENT ELECTORS. 129 . In the case of every election held prior to the comple- vote prior tion of the first municipal voters’ list every person whe voters^ list presents himself for the purpose of voting shall be required before he is handed a ballot paper or papers to sign a declara¬ tion in the form following and the deputy returning officer shall permit every person who signs the said declaration to vote and shall record in the poll book the name of each person who signs such declaration. / Taken this day of 19 The under¬ signed severally declare each for himself: 1. That he is of the full age of eighteen years; 2. That he is the owner or occupant of assessable land in the division. Name Land Voted on (2) At such election each person signing the said declara¬ tion shall be entitled to vote once only for reeve and every such person may vote for one councillor only in each division of the municipality in which he signs the said declaration. i (3) Any person subscribing to the declaration aforesaid and who thereby makes any false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $20. 1908-9, c. 6, s. 129; 1910-11, c. 21, s. 8. oo tjL! Voter’s name must be on voters’ list Voters must pay taxes Swearing voter on demand of agent Entry of oath on poll book RURAL MUNICIPALITIES 130 . In the case of every election held subsequently to the completion of the first municipal voters’ list the deputy return¬ ing officer shall satisfy himself that the name of every person who presents himself for the purpose of voting under a name apparently intended for such person is on the municipal voters’ list supplied to him by the returning officer and (if so required by resolution of the council) that all taxes due by such person to the municipality have been paid; and the deputy returning officer or poll clerk shall record in the poll book the name of each such person. « (2) The deputy returning officer shall not permit to vote any person whose name does not appear on the said list nor any person whose name does appear on the said list unless (if so required by resolution of the council) all taxes due by such person to the municipality are shown by the said list to have been paid or unless such person produces to the deputy return¬ ing officer an official.receipt from the treasurer of the munici¬ pality to the effect that all taxes due by such person to the municipality have been paid. 1908-9, c. 6, s. 130. 131 . Before a ballot paper or papers is or are handed by the deputy returning officer to any voter he shall ask if there is any objection to allowing the person before him to vote and in case any candidate or his agent objects it shall be the duty of the deputy returning officer to administer to such person the following oath: You swear (or solemnly affirm) that you are the person named (or intended to be named) by the name of in the municipal voters’ list now shown to you (showing the list to the voter ) ; that you are of the full age of eighteen years; that you have not voted before in this division for a councillor (and if ballot paper for reeve is ashed for or for a reeve) in any division of this munici¬ pality at this election; that you have not directly or indirectly received any reward or gift nor do you expect to receive any. for the vote which you tender at this election; that you have not received anything nor has anything been promised you either directly or indirectly either to induce you to vote at this election or for loss of time, travelling expenses, hire of teams or any other service connected .with this election; that you have not directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting at this election. So help you God. 1908-9, c. 6. s. 131; 1910-11, c. 21, s. 9. 132 . If the voter takes' the said oath the deputy returning officer or poll clerk shall enter opposite such person’s name in the proper column of the poll book the word “sworn” or “affirmed” according to the fact. 1908-9, c. 6, s. 132. IIU UA L M UX1CIPALITIES 33 133 . Whenever a voter is required to take the said oath Refusal of t voter to be and he refuses to do so the deputy returning, officer or poll sworn clerk shall enter opposite the name of such person in the proper column of the poll book the words “refused to swear” and suck person shall not be allowed to vote but shall he required to immediately leave the polling booth and shall not be allowed to again enter the same on the day of election for any purpose whatever. 1908-9, c. 6, s. 133. 134 . When the proper entries respecting a person who Deputy^ presents himself to vote have been made in the poll book in officer to the manner heretofore provided the deputy returning officer pa per J '* shall sign his initials on the back of the ballot paper or papers to which such person is entitled and hand the same to him. 1908-9, c. 6, s. 134. 135 . The deputy returning officer may and upon request Explanation i d t/ -L^j- Q-f niotliod shall either personally or through his poll clerk explain to the of voting voter as concisely as possible the proper method of voting. 1908-9, c. 6, s. 135. 136 . In the case of a voter who is incapacitated by blind- incapacity of ness or other physical cause from marking his ballot paper the deputy returning officer shall in plain view of the candi¬ dates or their agents cause the vote of such person to be marked on a ballot paper or papers for the candidate or candidates directed by such person and shall cause the ballot paper or papers to be deposited in the ballot box. 1908-9, c. 6, s. 136. 137 . Every deputy returning officer who refuses or wilfully Penalty for . . % . F . . ° ^ omission to omits to sign his initials upon the back of any ballot paper as initial ballot provided for by section 134 hereof shall forfeit to any person pap “ aggrieved by such refusal or omission the sum of $100 in respect of every ballot paper deposited in the ballot box at his polling place upon which the said returning officer has not signed his initials as aforesaid. 190S-9, c. 6, s. 137. 138 . When the name of any elector appears on the munici-Vote for • ^ ^ ••• reeve pal voters’ list for more than one division of the municipality he shall vote for reeve once only in that division of the municipality as he may elect. 1908-9, c. 6, s. 138; 1910-11, c. 21, s. 10. 139 . Any person who votes oftener than he is entitled to Penalty for v ■*- b # double vote do under the provisions of this Act shall incur a penalty of $50. 1908-9, c. 6, s. 139. 140 . The receipt by any voter of a ballot paper within the Evidence of polling booth shall be prima facie evidence that he has there votin8, and then voted. 1908-9, c. 6, s. 140. 34 RURAL MUNICIPALITIES Method of voting Secrecy of vote Forfeiture of right to vote Voter may obtain second ballot paper 141 . Upon receiving from the deputy returning officer the ballot paper or papers prepared as aforesaid the voter shall forthwith proceed into the compartment provided for the purpose and shall then and there mark his ballot paper or papers in the manner mentioned in the directions contained in section 118 hereof hy placing a cross (thus X) on the right hand side opposite the name of any candidate for whom he desires to vote or at any place within the division which con¬ tains the name of the candidate, he shall then fold the ballot paper across so as to conceal the names of the candidates and the mark upon the face of the paper and so as to expose the initials of the said officer and leaving the compartment shall without showing the front to anyone or so displaying the ballot paper as to make known to any person the name of the candi¬ dates for whom he has or has not marked his ballot paper deliver the ballot paper so folded to the deputy returning officer who shall without unfolding the same or in any w^ay disclosing the names of the candidates or the marks made by the voter upon the ballot paper verify his own initials and at once deposit the paper in the ballot box in the presence of all persons entitled to be present and then being present in the polling place; and the voter shall forthwith leave the polling place. (2) Whenever the ballot paper of a voter has been deposited in the ballot box as provided hy subsection (1) of this section the deputy returning officer or poll clerk shall enter in the poll book in the proper column or columns after the voter’s name the word “voted.” 1908-9, c. 6, s. 141. 142 . While a voter is in a voting compartment for the purpose of marking his ballot paper no person shall be allowed to enter the compartment or to be in any position from which he can observe the mode in -which the voter marks his ballot paper. 1908-9, c. 6, s. 142. 143 . Xo person who has received a ballot paper from the returning officer shall take the same out of the polling place; and any person having so received a ballot paper who leaves the polling place without first delivering the same to the said officer in the manner prescribed shall thereby forfeit his right to vote; and the said officer shall make an entry in the poll book in the column for remarks to the effect that such person received a ballot paper but took the same out of the polling place or returned the same declining to vote, as the case may be; and in the latter case the said officer shall immediately write the word “refused” upon such ballot paper and shall preserve the same. 1908-9, c. 6, s. 143. 144 . A person claiming to be entitled to vote who has inadvertently dealt with his ballot paper in such a manner that it cannot he conveniently used as a ballot paper may on RURAL MUNICIPALITIES 35 delivering to the returning officer the ballot paper so inad¬ vertently dealt with receive another ballot paper in the place of the ballot paper so delivered up; and the said officer shall immediately write the word “cancelled” upon the ballot paper so delivered to him; and he shall preserve the same. 1908-9, c. 6, s. 144. PROCEEDINGS AT CLOSE OF POLL. 145. Immediately at the hour of four o’clock (mountain close of poll standard time) the deputy returning officer shall declare the poll closed: Provided that in case when the poll is so‘closed there is a voter in the polling booth who desires to vote he shall be per¬ mitted to do so but no other voter shall be allowed to enter the polling booth for this purpose. 1908-9, c. 6, s. 145. 14G. Immediately after the close of the poll the deputy Opening returning officer shall in the presence of the poll clerk, if any, ballot box and of such of the candidates or of their agents as may then be present open the ballot box and proceed as follows: 1. He shall examine the ballot papers individually and any counting ballot paper which is not initialed as herein provided or on which more than one vote is given or on which anything is written or marked by which the voter can be identified or which has been torn, defaced or otherwise dealt with by the voter so that he can therebv be identified shall not be counted «/ » but shall be set aside as rejected; 2. The deputy returning officer shall take notice of any objections objection made by a candidate or his agent or any elector t0 be noted authorised to be present to any ballot paper found in the ballot box and shall decide any question arising out of the objection; 3. The deputy returning officer shall then count up the count votes given for each candidate upon the ballot papers not rejected as aforesaid and shall enter in the poll book a written statement in words as well as in figures of the number of votes given for each candidate and of the number of ballot papers rejected and not counted by him which statement shall be made under the following heads: ( а ) The number of the division and the name and number of the municipality and date of election ; (б) The number of persons who voted at the polling booth; (c) The number of votes for each candidate for reeve; ( d ) The number of votes for each candidate for councillor; ^j/f 36 RURAL MUNICIPALITIES Signed statement Certificate of count Sealing packets of ballot papers Statement of deputy- returning officer Sealing ballot box i (e) The number of ballot papers supplied to the deputy returning officer; (/) The number of rejected ballot papers for reeve; ( g ) The number of rejected ballot papers for councillor; (li) The number of cancelled ballot papers and ballot papers marked “refused”; 4. Upon completion of the written statement the deputy returning officer shall make, separate from the poll book, a duplicate thereof and such written statement and duplicate shall be signed by the deputy returning officer, the poll clerk, if any, and such of* the candidates or their agents as are present and desire to sign the same; 5. Every deputy returning officer upon being requested so to do shall deliver to each of the persons authorised to attend at his polling place a certificate of the number of votes given at that polling place for each candidate and of the number of rejected bailor papers; 6. The deputy returning officer shall then in the presence of the candidates or their agents or such of them as may be present make up into separate packets which shall be sealed and marked upon the outside with a short statement of their contents: ( a ) The ballot papers counted for reeve; (5) The ballot papers rejected for reeve; (c) The ballot papers counted for councillors; (d) The ballot papers rejected for councillors; (e) The unused, cancelled and rejected ballot papers; 7. Before leaving the polling booth the deputy returning officer shall enter in the poll book the following statement which shall be signed by him in the presence of the poll clerk, if any, or some other witness: I, _ the deputy returning officer for Division Uo. of the Rural Municipality of ]STo. do hereby declare that to the best of my knowledge and'belief I have conducted the election held by me on this date in the manner provided by law and that the entries required by law to be made in the poll book have been correctly made. Dated this day of 19 . i . . Witness. Deputy Returning Officer. 8. The deputy returning officer shall then place all the said packets together with the poll book and the municipal voters’ list used by him in the ballot box which shall be locked and sealed with his seal and with the seals of such candidates or agents of candidates as desire to affix their seals. 1908-9, c. 6,' s. 146. RURAL MUNICIPALITIES 37 1 - 47 . The deputy returning officer of each division shall Deliver to forthwith deliver to the returning officer the sealed ballot box officer mg and the duplicate of the written statement entered in the poll book and upon receipt of the same the returning officer shall give to such deputy a receipt therefor. 1908-9, c. 6, s. 147. 148. At twelve o’clock noon on the day and at the place Returning previously appointed by him for the purpose the returningcountand officer shall in the presence of such of the candidates or their j^“ ot u g p agents as may be present break the seal of and open the ballot box received from each deputy returning officer and take the same proceedings as are by section 146 hereof required to be taken by a deputy returning officer and shall make and initial all necessary corrections in the statement entered in the poll book. (2) In case the ballot box used in any division has been JJU?°* b0X lost or destroyed the returning officer shall use the duplicate destroyed written statement delivered to him by the deputy returning officer for such division and allow the candidates named therein the number of votes respectively shown thereby as given for such candidates. (3) When the ballot papers have all been examined and Declaration v y A # of election counted the returning officer shall forthwith sum up and announce the number of votes which he has allowed for each candidate including any votes allowed under subsection (2) of this section and shall publicly declare to be elected the candidate having the highest number of votes for each office to be filled. 1908-9, c. 6, s. 148. 149. In case it appears upon the casting up of the votes ^g c ^I a lng as aforesaid that two or more candidates for any office have casting an equal number of votes the returning officer shall at the time' ote when he declares the result of the poll give a casting vote so as to decide the election. 1908-9, c. 6, s. 149. 150. Except in such case no returning officer shall vote at And no anv election. 1908-9, c. 6, s. 150. . other v 7 7 151. Forthwith after the election the returning officer shall Transmis- . . .... ° glon of ballot transmit to the secretary of the municipality the sealed ballot boxes, etc., boxes and duplicate written statements used in the election t0 secietaiy and thereafter the said secretary shall be responsible for their safe keeping and for their delivery when needed. 1908-9, c. 6, s. 151. 152. The secretary of the municipality shall unless other-Detraction wise ordered-by the judge of the district court of the judicial district 'within which the municipality is wholly or mainly situated retain for two months the said ballot boxes with their seals unbroken and shall then unless otherwise ordered as 38 RURAL MUNICIPALITIES Inspection Order for Recount Attendance of clerk with papers aforesaid cause the ballot boxes to be opened and the packets therein to be destroyed in the presence of two witnesses. 1908-9, c. 6, s. 152. 153. ISTo person shall be allowed to inspect any ballot papers in the custody of the secretary of a hiunicipality except under order of the judge of the district court of the judicial district within which the municipality is wholly or mainly situated to be granted by the said judge upon satisfactory evidence on oath that the inspection or production of the ballot papers is required for the purpose of maintaining a prose¬ cution for an offence in relation thereto or for the purpose of taking proceedings under The Controverted Municipal Elec¬ tions Act to contest an election or return; and any such order for the inspection or production of ballot papers shall be obeyed by the said secretary. 1908-9, c. 6, s. 153. 154. The order shall state the time and place for inspecting such papers and shall name the persons to be present at such inspection and shall be made subject to such conditions as the judge of such district court thinks expedient. 1908-9, c. 6, s. 154. RECOUNT. 155. If at any time within five days from the time of the returning officer’s declaration as aforesaid it is on the affi¬ davit of a credible person made to appear to such returning officer that such returning officer in counting the votes given* at any election has improperly counted or rejected any ballot papers and the sum of $50 as security for the payment of costs and expenses is deposited with such returning officer; such returning officer shall forthwith forward such affidavit and deposit to the clerk of the district court of the judicial district within which the municipality is wholly or mainly situated who shall forthwith notify the judge of such court; the judge shall thereupon appoint a time to recount the votes and cause notice in writing to be given to the candidate or candidates whose seat may be affected of the time and place at which he will proceed to recount the same and to the secre¬ tary of the municipality whose duty it shall be to be present at the recount with the sealed ballot boxes and duplicate written statements used at the election. (2) The said deposit of $50 shall not be paid out by the clerk without the order of the said judge. 1908-9, c. 6, s. 155. 156. The judge, the clerk of the court, the secretary of the municipality and each candidate and his agent or solicitor notified to attend the recount of votes and representatives of the press and no other person except with the sanction of the judge shall be entitled to be present at the recount of votes. 1908-9, c. 6, s. 156. RURAL MUNICIPALITIES 39 15*7. At the time and place appointed and in the presence of those notified or entitled to attend as provided by the next preceding section the judge shall proceed to recount all the ballot papers received by the deputy returning officers of the several divisions of the municipality as having been given in the election complained of and he shall proceed with such recount as follows: 1. The judge shall break the seals on one of the ballot boxes containing the votes to be counted and take from such ballot box the packets deposited therein; 2. He shall then examine singly and in the presence of those entitled to be present all ballots counted or rejected by the returning officer for reeve or councillor, as the case may be, and during the course of such examination the judge shall keep a tally or count of the votes cast for each candidate and he shall reject as void and shall not count: (a) Any ballot paper on which two or more votes are given; (5) Any ballot paper on which anything except the initials of the deputy returning officer on the back is written or marked by which the voter can be identi¬ fied; (c) Any ballot paper which has been torn, defaced ,or otherwise dealt with by the voter so that he can thereby be identified; but no word or mark written or made or omitted to be written or made by the deputy returning officer on a ballot paper shall affect the vote; 3. In case the ballot box used in any division has been lost or destroyed the judge shall use the duplicate written state¬ ment for such division and allow the candidates named therein the number of votes respectively shown thereby as given for such candidates; 4. The judge shall take notice of any objection made by a candidate or his agent to any ballot paper and shall decide any question arising out of the objection and the decision of the judge shall be final; « 5. Upon the completion of the examination and count of the ballot papers contained in the first ballot box opened the judge shall forthwith announce the result of the count and replace the ballot papers in the box which shall be locked and sealed by the secretary in the presence of the judge; '6. The judge shall then proceed, if the recount applied for is of such a nature as to make it necessary, to examine .and count in a similar manner the ballot papers contained in each of the other ballot boxes in turn; Mode of counting 40 EUEAL MUNICIPALITIES Quo warranto proceedings Costs Scale of costs Enforcement of payment of costs 7. When the ballot papers have all been so examined and counted the judge shall forthwith sum up and announce the number of votes which he has allowed for each candidate including any votes allowed under clause 3 of this section and he shall there and then declare elected the candidate having the highest number of votes; « 8. In case any two or more candidates for the same office have been allowed by the judge the same number of votes he shall write the names of such candidates separately on blank pieces of paper and after folding the same in such way that the names shall be concealed deposit them in a receptacle and direct the clerk of the court or some .other person to withdraw one of the said papers and the candidate whose name appears on the paper thus withdrawn shall by the judge be declared elected; 0. The judge shall then make and transmit forthwith to the secretary of the municipality a written statement of the result of the recount and every written statement shall show: ( а ) The names of the candidates; (б) The number of votes allowed for each candidate; (c) The number of ballot papers rejected; ( d ) The names of the candidates declared elected. 1908-9, c. 6, s. 157. 158. Nothing in the next preceding section contained shall prevent or affect any remedy which any person may have under the provisions of any Act by proceedings in the nature of quo warranto or otherwise. 1908-9, c. 6, s. 158. 159. All costs, charges and expenses of and incidental to an application for a recount and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportion as the judge may deter¬ mine regard being had to costs, charges or expenses which in the opinion of the judge have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the applicant or the respondent. 1908-9, c. 6, s. 159. 160. The costs shall be on the district court scale and may if the judge so orders be taxed in the same manner and according to the same principles as costs are taxed between solicitor and client. 1908-9, c. 6, s. 160. 161. The payment of any costs ordered by the judge to be paid may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which costs were taxed and an affidavit of the nonpayment thereof. 1908-9, c. 6, s. 161. RURAL MUNICIPALITIES 41 GENERAL PROVISIONS. 162. ISTo person who has voted at an election shall in any Secrecy of legal proceedings to question the election or returns or other¬ wise relating thereto he required to state for whom he has voted. 1908-9, c. 6, s. 1G2. 163. A candidate may himself undertake the duties which Candidate^ any agent of his might have undertaken or he may assist his own behalf agent in the performance of such duties and may he present at any place at which his agent is by this Act authorised to attend. 1908-9, c. 6, s. 163. 161. When in this Act expressions are used requiring or candidates authorising any act or thing to he done or implying that any and agent9 act or thing be done in the presence of such agents as are authorised to attend and as have in fact attended at the time and place where such act or thing is done the nonattendance of any agent at such time and place shall not invalidate it. 1908-9, c. 6, s. 164. 165. ~No election shall he declared invalid by reason of a Errors not noncompliance with the provisions of this Act as to the holding Jesuits 8 of the polls or the counting of the votes or by reason of any mistake in the use of any of the forms contained in this Act or by reason of any other irregularity if it appears to the tribunal having cognisance of the question that the election was con¬ ducted in accordance with the principles laid down in this Act and that such noncompliance, liiistake or irregularity did not affect the result of the election. 1908-9, c. 6, s. 165. 166. All necessary expenses incurred for an election under Payment of this Act shall be paid out of the funds of the municipality axp enses upon the production of proper accounts verified in such manner as the council may direct. 1908-9, c. 6, s. 166. 167. All proceedings for contesting in any way an election or the voting on any bylaw under this Act shall be taken under Elections) Act the provisions of The Controverted Municipal Elections Act. 1908-9, c. 6, s. 167. OFFENCES AND PENALTIES. 168. FTo person shall: Offences and penalties (a) Without due authority supply any ballot paper to any person; or (&) Fraudulently put into a ballot box any paper other than the ballot paper which he is authorised by law to put in ; or 42 RURAL MUNICIPALITIES Penalties Duties of election officers (c) Fraudulently take out of the polling place any ballot paper; or {cl) Without due authority destroy, open or otherwise interfere with any ballot box or packet of ballot papers then in use for the purpose of election; or (e) Apply for a ballot paper in the name of some other person whether that name is that of a person living or dead or of a fictitious person or advise or abet, counsel or procure any other person so to do; but this provision shall not be construed as including a person who applies for a ballot paper believing he is the person intended by the name entered on the voters’ list in respect of which he so applies; or (/) Having voted once and not being entitled to vote again at the same election apply for a ballot paper in his own name or advise or abet, counsel or procure any other person so to do. (2) Ho person shall attempt to commit any offence specified in this section. (3) A person guilty of any violation of this section shall be liable if he is the returning officer or deputy returning officer to imprisonment for any term not exceeding two years with or without hard labour and if he is any other person to imprisonment not exceeding six months with or without hard labour. 1908-9, c. 6^ s. 168. Every returning officer, deputy returning officer or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of sections 101 to 170 inclusive hereof shall in addition to any other penalty or liability to which he may be subject forfeit to any person aggrieved by such misfeasance, act or omission a penal sum of "$200. 1908-9, c. .6, s. 169. 170. Every officer, clerk and agent in attendance at a polling place shall maintain and aid in maintaining the secrecy of the voting at the polling place. (2) Ho officer, clerk or agent arid no other person shall interfere with or attempt to interfere with a voter when marking his ballot paper or shall otherwise attempt to obtain at the polling place information as to the candidate or candi¬ dates for whom any voter at such polling place is about to vote or has voted. (3) Ho officer, clerk, agent or other person shall communi¬ cate at any time to any person any information'obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. 11 URAL MUNICIPALITIES 43 (4) Every officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate or attempt to communicate any information obtained at such counting as to the candidate or candidates for whom any vote is given. (5) No person shall directly or indirectly induce a voter to display his ballot paper after he has marked the same so as to make known to any person the name of any candidate or candidates for whom he has or has not marked his ballot paper. (6) Every person who acts in contravention of this section shall be liable on summary conviction before a justice of the peace to imprisonment for any term not exceeding six months with or without hard labour. 1908-9, c. 6, s. 170. 171. Every voter who displays his ballot paper after he penalty for has marked the same so as to make known to any person the baii^t* 1118 name of any candidate or candidates for whom he has or has not marked his ballot paper shall be guilty of an offence and liable on summary conviction before a justice of the peace to a fine not exceeding $25 and costs. 1908-9, c. 6, s. 171. PAET IV. Municipal Officials. APPOINTMENT. 172. Every council shall at its first meeting or so soon officials thereafter as practicable appoint the following officers: (a) A secretary and a treasurer or a secretary treasurer; (b) An assessor who may be the secretary, the treasurer or the secretary treasurer. 1908-9, c. 6, s. 172. 173. Every council may also appoint from time to time Appointment such other officers, servants or employees as it deems necessary o£ offlcers or expedient to appoint for the purpose of carrying into effect the provisions of this Act or any bylaw of the municipality. 1908-9, c. 6, s. 173. 174. A councillor is not eligible to be appointed to any councillor office under the municipality. 1908-9, c. 6, s. 174. f 0 °r office 16 175. The council shall not make any appointment to Appointment office or any arrangement for the discharge of the duties of Extender any municipal office by tender or by application at the lowest remuneration. 1908-9, c. 6, s. 175. 44 BUBAL MUNICIPALITIES Tenure of office Security for faithful per¬ formance of duties Security for faithful accounting Liability Duties of secretary 176. All officers appointed by the council shall hold office during the pleasure of the council and in accordance with the terms expressed in the resolution by which they are appointed; and in addition to the duties assigned to them by this Act or by any general law of the province shall perform such other duties as may be required of them by the council. 1908-9, c. 6, s. 176. SECURITY. 177. In addition to defining the duties of any officer the council may require him to give such security as it may deem expedient for the faithful performance of his duties and during the month of January in each year all such securities shall be produced to the reeve and shall be laid by him before the council. 1908-9, c. 6, s. 177. 178. The treasurer of every municipality shall before entering upon his duties give security to the council by a bond or policy of guarantee of any corporation empowered to grant securities, bonds or policies for the integrity and faithful accounting of public officers or servants or persons occupying positions of trust; and such security shall be renewed at the beginning of each year or changed at other times whenever renewal or change is required by the council. (2) The members of any council failing to take such security shall be jointly and severally liable for any default of the treasurer to the extent of the sums for which such bond should have been taken: Provided that when the majority of the council refuse or neglect to take such security on the demand of any councillor such demand being duly recorded in the minutes such coun¬ cillor shall be relieved from all personal liability in case of the default of such officer. (3) Such bond may be in such form as is approved by the minister and a duplicate copy thereof shall be forthwith transmitted to the minister. 1908-9, c. 6, s. 178. 179. Every'officer, servant and agent of the municipality shall be personally liable for any damage arising from his acts or defaults or from his refusal or neglect to discharge any of the duties imposed upon him by law or by this Act or by the bylaw's of the council in addition to any penalties otherwise imposed for the said acts or defaults. 1908-9, c. 6, s. 179. SECRETARY. 180. It shall be the duty of the secretary of the munici¬ pality : 1. To keep a full and correct record of the proceedings of every meeting of the council in the minute book provided for RURAL MUNICIPALITIES 45 that purpose and to see that the minutes of each meeting are confirmed at the next regular meeting of the council and signed by the reeve or other presiding officer; 2. To enter in the minutes of every meeting the names of the members of the council present at such meeting; 3. To conduct the correspondence of the council as directed by it; 4. To transcribe into a special hook to be provided for the purpose a true and correct copy of every bylaw passed by the council which copy may he either written or printed or partly written and partly printed and to prepare a proper index for such bylaws; 5. To take charge of and keep on record all books, papers, accounts, assessment rolls, plans, maps, correspondence committed to his charge by the council during his term of office and deliver the same to his successor or such other person as the council may direct on his ceasing to hold office; 6. To faithfully prepare and duly transmit to the minister such statements and reports and such other information in regard to the municipality as may from time to time be required by the minister and in such form as he may direct; 7. To call any special or other meeting of the council in the manner provided by this Act; 8. To produce for inspection the minute and other hooks and all papers and records of whatsoever kind in his posses¬ sion when required so to do by an inspector; 9 9. To faithfully perform all other duties conferred upon him by this Act and generally to carry out such instructions * as may be issued to him from time to time by the counci]. 1908-9, c. 6, s. 180. TREASURER. 181. It shall he the duty of the treasurer of the munici- Duties of treasurer 1. To receive and safely keep all moneys belonging to the municipality from whatever source; 2. To deposit daily or as often as the council may direct in some chartered bank designated by the council all money received by him; 3. To submit all accounts and charges against the munici¬ pality which he receives for the consideration of the council; 4. To pay all accounts against the municipality only when they have been passed by the council and certified by the reeve or other presiding officer; 5. To make all payments on behalf of the municipality by cheque on the chartered bank in which the moneys of the 40 RURAL MUNICIPALITIES » Financial year Auditor Auditor’s reports municipality are deposited; and every such cheque in addi¬ tion to being signed by the treasurer shall be countersigned by the reeve or in his absence by the deputy reeve; 6. To give and take receipts for all the moneys of the munici¬ pality received and disbursed and to keep on file all vouchers of expenditure; 7. To keep in a cash hook or such books of record and in such form as may from time to time be prescribed by the minister a complete and detailed record of all the financial transactions of the municipality; 8. To submit to the council quarterly and whenever required so to do by the council a balance sheet showing the financial standing of the municipality; 9. To produce when called for by the council, auditor, inspector or other competent authority all books, vouchers, papers and moneys belonging to the municipality and to hand over the same to his successor or such person as the council may direct on his ceasing to hold office; 10. To faithfully prepare and duly transmit to the minister such reports and statements as may from time to time be required by the minister and in such form as he may direct; 11. To faithfully perform all other duties conferred upon him by this Act and generally to carry out such instructions as may be issued to him from time to time by the council. 1908-9, c. 6, s. 181. 182. The financial year of the municipality shall com¬ mence on the first day of January and close on the thirty- first day of December in each year. 1909, c. 24, s. 1. AUDITOR. 183. The council shall at its first meeting in each year or within two months thereafter appoint an auditor but no one •who then or during the preceding year is or was a member of the council or is or was secretary or treasurer or who has directly or indirectly any share or interest in any contract made by the municipality or who is employed by the munici¬ pality in any capacity except that of auditor shall be appointed; the council may appoint any incorporated company or partnership as auditor. 1908-9, c. 6, s. 183. 181. On or before the fifteenth day of November in each year the auditor shall prepare in such form as the minister may direct an abstract of the receipts, expenditures and liabilities of the municipality for the ten months ending on the preceding thirty-first- day of October including a statement showing the total amount of debentures authorised to be issued, the debentures actually issued, those actually sold or otherwise disposed of and those remaining on hand. RURAL, MUNICIPALITIES 47 (2) The treasurer shall on or before the fifteenth day of November supply a copy of such abstract to each councillor who shall retain the same at his residence where it shall be open for inspection at all reasonable hours by any elector; the treasurer shall also supply a copy of such abstract to the return¬ ing officer who shall read the same at the nomination meeting. (3) On or before the first day of March in each vear the Abstract of auditor shall prepare in such form as the minister may penditures, direct an abstract of the receipts, expenditures, assets and for the liabilities of the municipality for the financial year ending on the thirty-first day of December of the preceding year including a statement showing the total amount of debentures authorised to be issued, the debentures actually issued, those actually sold or otherwise and how disposed of and those remaining on hand; he shall make a special report respecting any expenditures made contrary to law; he shall deliver the said abstract and report to the reeve who shall lay the same before the council at its next meeting; and the secretary on or before the first day of April in each year shall mail a copy of such abstract and report to the minister and to every elector of the municipality. 1908-9, c. 6, s. 184; 1909, c. 24, ss. 2, 3; 1910-11, c. 21, s. 11. 185. Any elector may inspect the said abstracts and inspections reports or any of them and may by himself or his agent and at his own expense take a copy thereof or extract therefrom. 1908-9, c. 6, s. 185. 186. The declaration of office to be made and subscribed Auditor’s by every auditor shall be as follows: of office I, A. B., having been appointed to the office of auditor for the Rural Municipality of No. do hereby promise and declare that I will faithfully perform the duties of the said office according to the best of my judgment and ability and I do solemnly declare that I have not directly or indirectly any share or interest whatever in any contract or employment (except that of auditor) with, by or on behalf of the municipality. So help me God. Made before me at this day of 19 A Com., N.P. or J.P. 1908-9, c. G, s. 186. PART V. Municipal Bylaws and General Powers and Duties of Councils. BYLAWS. 187. Except as herein provided the council of every muni- Resolutions cipality may exercise the duties and powers conferred on it 0fcounci1 48 RURAL MUNICIPALITIES Bylaw to be under seal Three readings Validation of bylaw.i Assent of electors and minister to money bylaw Council may do omitted work Evidence of bylaw Bylaws generally Public health by this Act either by resolution or by bylaw. 1908-9, c. 6, s. 187. 188 . Every bylaw shall be under the seal of the munici¬ pality and shall be signed by the reeve or person presiding at the meeting at which the bylaw is finally passed and by the secretary; and every such bylaw shall have three distinct and separate readings before the same shall be finally passed but not more than two readings shall be had at any one meeting except by the unanimous vote of the council. 1908-9, c. 6, s. 188. / 189 . In case no application to quash a bylaw is made within two months next after the final passing thereof the bylaw shall be valid and binding notwithstanding any want of substance or form therein or in the proceedings prior thereto or in the time or manner of passing thereof. 1908-9, c. 6, s. 189. 190. Eo bylaw for raising money by way of debentures shall have any effect until the same has received the assent of two-thirds of the electors of the municipality voting thereon and the approval of the minister as hereinafter provided. 1908-9, c. 6, s. 190. 191 . When any council has authority to direct by bylaw that any matter or thing shall be done by any person such council may also by the same or another bylaw direct that in default of its being done by the person such matter or thing shall be done at the expense of the person in default and the municipality may recover the expense thereof with costs by action in any court of competent jurisdiction or in like manner as municipal taxes. 1908-9, c. 6, s. 191. 192. A copy of any bylaw written or printed without erasure or interlineation and under the seal of the munici¬ pality certified to be a true copy by the secretary and a member of the council shall be authentic and received as prima facie evidence of its passing and of the contents thereof without any further proof in any court unless it is specifically alleged or pleaded that the seal or the signature of the secre¬ tary or member of the council has been forged. 1908-9, c. 6, s. 192. 193. It shall be the duty of the council of every munici¬ pality to pass such bylaws not inconsistent with any law in force in this province as it may deem expedient for all or any of the following purposes: 1. Providing for the health- of the municipality and the prevention of the spread of infectious and contagious diseases; RURAL MUNICIPALITIES 49 2. Regulating nuisance grounds within the municipality Nuisance and making provision for the disposal of the refuse of hamlets by licensing scavengers or otherwise ; 3. Controlling any cemetery and preventing the burial, of Cemetery the dead within any hamlet; 4. Granting aid for the erection and maintenance of Hos Pitais hospitals; 5. Granting aid or relief to any needy person who is a£JJ d J,° resident of the municipality; persons 6. Providing for planting and protecting trees on highways Trees and public places; 7. Imposing penalties for .light weight and short measure- Lightweigbf ment; 8. Preventing cruelty to animals; Cruelty to animals 9. Restraining and regulating the running at largei of Dogs dogs and imposing a tax on the owners, possessors or harbourers of dogs and killing dogs running at large; 10. Carrying out the provisions of The Wolf Bounty Act; Wolf bounty 11. Preventing prairie or running fires and making provi- Prairie fires sions for the enforcement of The Prairie Fires Act; 12. Licensing, regulating and governing hawkers and ? n a d w 5 era pedlers; but a license shall not be granted by a rural munici¬ pality unless the applicant is a holder of a provincial license for hawkers and pedlers; 13. Compelling the removal of dirt, stones, filth, dust or Removal of rubbish off the roads, lanes or other public places within the from roads municipality by the party depositing the same and the placing of the same where ordered by the council; 14. Resrulating the storage of gunpowder and other combus- storage of ° # ° ° °. .. .. gunpowder tible, explosive or dangerous materials within the munici¬ pality; 15. Preventing the ploughing of roads and the incum- theltreets ng bering or obstructing of roads and other places by vehicles or other articles or things ; 1G. Regulating the driving and riding of horses and other Regulating cattle on highways and public bridges and preventing racing, bridges and immoderate or dangerous driving or riding on the highways hlgbwa - vs and public bridges and making provision for the carrying out of any provincial law respecting the same; 17. Making provision for regulating the use of bridges and culverts by portable steam engines or steam traction engines; 18. Making provision for the carrying out of any provin¬ cial law regulating the speed of motor vehicles on highways; 19. Granting aid to agricultural societies; Motor cars Aid to agricultural societies 50 RUKAL MUNICIPALITIES Census Extermina¬ tion of animals 20. Taking the census of the municipality or any part thereof; 21. Providing ways and means for the extermination of such animals as are found to injure or impede agriculture; 22. Providing for the destruction of gophers on untaxable lands at the expense of the municipality. 1908-9, c. 6, s. 193; 1910-11, c. 21, ss. 12 and 13. 193a. In case proper steps have not been taken by the owner of any land to exterminate gophers on such land pur¬ suant to any bylaw passed in that behalf on or before a day to bo fixed in the bylaw any person or persons duly authorised thereunto by the council may enter upon the said land and may take such steps as may be necessary to exterminate the gophers thereon. (2) The amount expended in the work performed under subsection (1) hereof may be recovered from the owner or occupant of the land by action in the name of the reeve or by distress by the reeve or his agent of any chattels on the land: Provided that the amount so expended shall not exceed two and one-half cents per acre. (3) Any such amount which has not been satisfied on or before the first day of January next following its expenditure shall be added to and form part of the assessment for municipal purposes of such lands in all respects as if it were an original tax; and it shall have the same effect on the land and may be recovered in any of the modes available for the recovery of such taxes and the amount so recovered shall form part of the general revenue of the municipality. 1910-11, c. 21, s. 14. INFRACTION OF BYLAWS. Power to inflict penalties Copies of bylaw to be sent to minister Penalty to be paid to municipality 194. The council of every municipality may pass bylaws for inflicting reasonable fines and penalties not exceeding $100 exclusive of costs for breach of any of the bylaws of the municipality and for reasonable punishment by imprisonment with or without hard labour in the nearest common gaol for any period not exceeding thirty days in case of nonpayment of the fine and costs inflicted for any such breach unless such fine and costs including the costs of committal are sooner paid. (2) Two copies of every such bylaw under the seal of the municipality and certified as correct by the reeve and the secre¬ tary shall be transmitted to the minister and no such bylaw shall have any force or effect until one of the said duplicate copies is returned to the secretary approved by the minister. (3) Any penalty or fine under any bylaw of a municipality shall if no other provision be made respecting it belong to the municipality for the public use of the same and form part of the general revenue of the municipality. 1908-9, c. 6, s. 194. RURAL MUNICIPALITIES 51 195 . In the event of any person being committed to gaol by no^amT*' reason of a breach of any bylaw of a municipality there shall maintenance be chargeable to such municipality such part of the expenses 0 pnsoners paid by the province for the transport of such person to gaol and for his maintenance while there as may be designated bv the Lieutenant Governor in Council. 1908-9, c. 6, s. 195. QUASHING BYLAWS AND RESOLUTIONS. 196 . Any elector of the municipality may within two Motion to months after the passing of any bylaw or resolution of the Quash ■council apply to the judge of the district court of the judicial district within which the municipality is wholly or mainly situated upon motion to quash the same in whole or in part for illegality; and the judge upon such motion may quash the bylaw or resolution in whole or in part and may according to the result of the application award costs for or against the municipality and may determine the scale of such costs. (2) 1STotice of the motion shall be served at least seven clear Notice of davs before the day on which the motion is made. motion (3) The bylaw or resolution may be proved by the produc- Proof of tion of a copy thereof written or printed without erasure or bylaw interlineation and under the seal of the municipality certified to be a true copy by the secretary and a member of the council; and the secretary shall deliver such copy upon payment of a fee therefor at the rate of ten cents for every hundred words. (4) Before any such motion is made the applicant or in case security for the applicant is a company some person on its behalf shall enter into recognisance before the judge himself in the sum of $100 and two sureties each in the sum of $50 conditioned to prosecute the motion with effect and to pay any costs which may be awarded against the applicant. (5) The judge may allow the said recognisance upon the^ etc - in the Grown in the right of the province and every such public road, highway, street and lane shall be subject to the direction, control and management of the council of the municipality in which it is situated. 1908-9, c. 6, s. 218. GO RURAL MUNICIPALITIES Right of entry by minister of public works 219. The minister of public works shall at all times have the right to enter any municipality for the purpose of con¬ structing, erecting, maintaining or repairing any public work as defined by The Public Works Act and for any or all of these purposes every public road, highway or other public place or the part or parts thereof on which such work is being carried on shall until such work is completed and thereafter until otherwise ordered by the Lieutenant Governor in Council be under the direction, control and management of the said minister. 1908-9, c. 6, s. 219. Repair of 220. Every council shall keep in repair all bridges, culverts public works anc [ f err i es and the approaches thereto which have been con¬ structed or provided by the municipality or by any person with the permission of the council or which if constructed or provided by the province have been transferred to the control of the council; and in default of the council so to keep the same in repair the municipality shall be civilly liable for all damage sustained by any person by reason of such default. 1908-9, c. 6, s. 220. ‘ Limitation of 221. 1ST o action shall be brought under the provisions of action 01 the next preceding section except within six months from the date upon which the cause of action arose and unless notice of such action shall have been given to the secretary of the municipality within one month after the date upon which such damage was caused. 1908-9, c. 6, s. 221. CARE OF SICK. Care; °f the 222. The council of every municipality shall make due provision for the care and treatment of any person who has been a resident of the municipality for at least thirty days who falls ill and who for financial reasons oy otherwise is incapable of procuring the necessary medical attendance and treatment. 1908-9, c. 6, s. 222; 1909, c. 24, s. 5; 1910-11, c. 21, s. 22. Demand by hospital board 223. If such person is admitted as a patient by any hospital which receives aid from the general revenue of the province the board of such hospital may demand from the council a sum not exceeding one dollar per day for each day’s actual treatment and stay of the patient in such hospital: Provided that such demand shall be made within thirty days after the discharge or the death of the patient. 1908-9, c. 6, s. 223; 1909, c. 24, s. 6; 1912, c. 29, s. 5. payment ° f 224. Any sum thus paid by the municipality to the hospital from patient may be recovered from the said patient by action or by dis¬ traint by the treasurer of the municipality or if deemed . advisable it may be added to and form part of the taxes levied RURAL MUNICIPALITIES 61 bv the municipality against any land owned by the said patient and shall be collectible in the same manner and to the same extent as all other taxes of the municipality; and in the event of the death of the said patient the council may recover from his administrators and executors the said sum. 1908-9, 'c. 6, s. 224. 225. Notwithstanding anything contained in the next two Agreement preceding sections any council may if it thinks fit enter into counciTand an agreement with the board of any hospital whereby such board board will undertake to care for and treat all such patients of the municipality for such annual sum and subject to such conditions and restrictions as may be agreed upon. 1908-9 •c. G, s. 22 R PART VI. Municipal Loans. TEMPORARY. 226. The council of every municipality except as herein-Temporary after provided may from time to time by resolution authorise the reeve and treasurer to borrow from any person, bank or corporation such sum or sums of money as may be required to meet the current expenditures of the municipality until such time as the taxes for the current year are available; and such resolution shall regulate the amount to be borrowed and the rate of interest to be paid; and every such loan shall be repaid out of and shall be a first charge upon the taxes which are collected for the year in which such loan was made and may be secured by the promissory note or notes of the reeve and treasurer given under the seal of the municipality and on behalf of the council. (2) In any calendar year the total amount of all loans thus made shall not exceed sixty per centum of the total taxes levied by the municipality for the preceding year. (3) The council of a municipality may at any" time within twelve months after its organisation in anticipation of the collection and payment of the general taxes payable in any year from time to time borrow moneys on the credit of the municipal rates to an amount not exceeding one-lialf of the total estimated revenues of the municipality for the year. 1908-9, c. 6, s. 226; 1910-11, c. 21, s. 23. 227. * * * * Repealed. 1910-11, c‘ 21, s. 24. DEBENTURE LOANS. 228. Should it appear desirable to the council of any Debenture municipality that a sum of money should be borrowed on the b3la " 3 G2- RURAL MUNICIPALITIES Notice to be given to the minister Form of and posting Notice con¬ cerning poll on debenture Certificate from secre¬ tary to minister re passing of bylaw security of the municipality for the purpose of purchasing or constructing any road, highway, bridge, ferry or other municipal public work or for the purpose of purchasing or otherwise acquiring any land, gravel pit, right of way, ease¬ ment or other interest in any land for the use of the munici¬ pality or for the purpose of draining any portion of the- municipality or for the purpose of providing a supply of water for any portion of the municipality or for the purpose- of purchasing or otherwise securing any machinery, tools or implements for the use of the municipality or for the purpose of assisting in the erection or enlargement of a hospital either within or without the limits of the municipality or for the purpose of purchasing, erecting, improving, altering, adding to or furnishing any building for the use of the municipality or for all or any of the said purposes it shall pass a bylaw to that effect which may be in such form as is prescribed by the- minister or to the like effect and which shall be under the corporate seal of the municipality. 1908-9, c. 6, s. 228. 229. Within fifteen days from the passing of the bylaw the council shall give notice to the electors of the municipality of its intention to apply to the minister for authority to- borrow the amount specified in the bylaw and on the\ condi¬ tions therein set forth. (2) Every such notice shall be in the form prescribed by the minister and shall be given by notices posted in the manner provided by section 102 hereof and shall state the day of posting the same. 1908-9, c. 6, s. 229. 230. Within fifteen days from the date of the posting of the said notices any ten electors of the municipality may demand a poll of the electors for and against the said bylaw and such poll shall be held as provided by sections 232 to 238- hereof. (2) Every demand for a poll shall be delivered to the secretary of the municipality or in his absence to the reeve and a certified copy of such demand shall be forthwith trans¬ mitted to the minister of municipal affairs. 1908-9, c. 6, s. 230. 231. In the event of a poll not being demanded as herein¬ before provided the secretary of the municipality shall forth¬ with transmit to the minister of municipal affairs: (a) A certified copy of the bylaw under the seal of the municipality; (b) A certified copy of the notice provided in section 229 hereof and a statutory declaration or declara¬ tions proving the posting of such notice and that a poll has not been demanded; RURAL MUNICIPALITIES G3 (c) A statutory declaration showing the total area of assessable land in the municipality as shown by the last revised assessment roll thereof; and upon receipt of the same a'nd upon being satisfied that the several conditions required by this Act have been sub¬ stantially complied with the minister of municipal affairs may in writing authorise the council to borrow by way of debenture the sum or sums mentioned in the bylaw or any less sum and notice of such authorisation shall be published in The Saskat¬ chewan Gazette; and such notice shall be conclusive evidence of the sanction of the loan and that all the necessary formali¬ ties of this Act have been complied with. 1908-9, c. 6, s. 231. — * 232. In the event of a poll being demanded as provided ^ ( 0 k 1 ^ 0 be by section 230 hereof the council shall by resolution fix a time* for holding the said poll, appoint a returning officer, name a polling place for each division, appoint a deputy returning officer for each polling place and appoint a time and place when and where the returning officer shall sum up the votes given for and against the bylaw. (2) If the council deems it advisable such poll may be held on the day herein fixed for the annual election of reeve and councillors. 1908-9, c. 6, s. 232. 233. Notice of the poll shall be posted up at least fourteen Nonce of clear days before the date of voting in the manner prescribed section 102 hereof and every such notice shall be in the form prescribed by the minister of municipal affairs. 190S-9, c. 6, s. 233. 234. At the day and hour fixed by the said notice a poll f t r poii, d eto. 8 shall be taken in each division of the municipality and all proceedings thereat and preliminary and subsequent thereto and for the purposes thereof including a recount shall be conducted in the same manner as nearly as may be as at an election for reeve and councillors. 1908-9, c. 6, s. 234. i 235. The ballot papers for voting on the bylaw shall be in Ballot paper the following form: BYLAW. FOR AGAINST 1908-9, c. 6, s. 235. ■64 RURAL MUNICIPALITIES Agents at poll One vote only Declaration of result of poll Certificate from secretary concerning passing of bylaw Minister’s authorisa¬ tion of bylaw 236. On the application of any person interested in promot¬ ing or opposing the bylaw the reeve shall authorise the atten¬ dance of two persons on behalf of the party applying at each polling place and at the final summing up of the votes. 1908-9, c. 6, s. 236. 237. Every elector of the municipality shall be entitled to vote once only on the bylaw and such vote shall be recorded at the polling booth in the division in which such elector resides or in case the elector is not a resident of the munici¬ pality then in the division or one of the divisions of the municipality in which his name appears, on the municipal voter's’ list. 1908-9, c. 6, s. 237. 238. After the returning officer has at the time and place appointed by the council and in the presence of those authorised to attend or such of them as may be present counted and summed up the number of votes for and against the bylaw according to the provisions of section 148 hereof he shall then and there declare the result and forthwith certify to the council under his hand whether the two-thirds of the electors entitled to vote who have voted on the bylaw approved of the same. 1908-9, c. 6, s. 238. 239. In the event of a recount not being applied for within the time specified by section 155 hereof the secretary of the municipality shall forthwith forward to the minister of munici¬ pal affairs: (а) A certified copy of the bylaw under the seal of the municipality; (б) A certified copy of the notice provided in section 229 hereof and a statutory declaration or declarations proving the posting of such notice; (c) A statutory declaration showing the total area of assessable land in the municipality as shown, by the last revised assessment roll thereof; (d) ) A certified copy of the returning officer’s statement as to the result of the poll; and in the event of a recount being applied for the secretary after such recount has been held shall transmit to the minister of municipal affairs the aforesaid documents together with a certified copy of the written statement of the judge as to the result of such recount. 1908-9, c. 6, s. 239. / 240. Upon receipt of the several documents referred to in the next preceding section and upon being satisfied that the several requirements of this Act have been substantially com¬ plied with the minister of municipal affairs may in writing authorise the council to borrow by way of debenture the sum or sums of money mentioned in the bylaw or any less sum; RURAL MUNICIPALITIES 65 and notice of such authorisation shall be published in The Saskatchewan Gazette and such notice shall be conclusive evidence of the sanction of the loan and that all the necessary formalities of this Act have been complied with. . 1908-9, c. 6, s. 240. 241. Whenever the council of any municipality is author- issue of ised by the minister of municipal affairs to borrow any sum debentures of money as provided by section 240 hereof the council may thereupon issue a debenture or debentures to secure the amount of the principal and the interest of the loan so authorised or of any less sum upon the terms specified in the bylaw; and the debenture or debentures and the coupons thereto attached when signed by the reeve and treasurer of the municipality and sealed with the corporate seal thereof and when the minister shall have countersigned the debentures as hereinafter provided shall be sufficient to bind the municipality and create a charge or lien upon all municipal property and rates and taxes in the municipality. 1908-9, c. 6, s. 241. 242. Every debenture issued by any municipality shall be Form of in the following form or to the like effect: debenture $ Debenture No. The Rural Municipality of No. promises to pay the bearer at the at the sum of dollars of lawful money of Canada in equal consecutive annual instal¬ ments with interest at the rate of per centum per annum on the terms and in the amounts specified in the coupons attached hereto. Dated this day of 19 Reeve. [Corporate Seal] Treasurer. Coupons. Coupon No. Debenture No. The Rural Municipality of No. will pay to the bearer at the at on the day of 19 the sum of dollars being the instalment of principal with the total interest at the rate of per centum per annum due on that date on municipal debenture No. Reeve. [Corporate Seal] 1908-9, c. 6, s. 242. Treasurer. 66 RURAL MUNICIPALITIES Limit for debentures Rate of Interest Term of debentures Extension of term Debenture to be registered by minister Debenture to be counter¬ signed by minister Debenture register 243. The total face value of all debentures issued by any municipality shall not be for a greater sum than thirteen cents per acre for each acre of land assessed in the municipality as shown by the last revised assessment roll thereof. 1908-9, c. 6, s. 243. 244. Debentures shall not carry interest at a greater rate than eight per centum per annum. 1908-9, c. 6, s. 244. 245. Debentures shall not run for a longer period than twenty years except as in the next succeeding sections provided and may be dated at any time within twelve months from the date on which notice of the authorisation of the loan appears in The Saskatchewan Gazette and the first instalment of principal and interest may be made payable at any time within eighteen months from the date of the debenture. 1908-9, c. 6, s. 245. 246. In the event of the first instalment of principal and interest of any debenture being made payable at any time after one year from the date of the debenture as provided in the next preceding section such debenture may run for such longer term than twenty years as may he necessary to allow of repay¬ ment' of the loan in nineteen years from the date of the payment of the first instalment of principal and interest. 1908-9, c. 6, s. 246. 247. Every debenture before being issued by the council shall be sent for registration to the minister who shall cause a proper record to be kept of the same. 1908-9, c. 6, s. 247. 248. The minister shall thereupon if satisfied that the requirements of this Act have been substantially complied with and if the authority to make the loan has not been withdrawn register and countersign the debenture and such countersigning by the minister shall be conclusive evidence that the munici¬ pality has been legally constituted and that all the formalities in respect to such loan and the issue of such debenture have been complied with and the legality of the issue of such debenture shall be thereby conclusively established and its validity shall not be questionable by any court; but the same shall to the extent of the revenues of the municipality issuing the same be a good and indefeasible security in the hands of any bona fide holder thereof. 1908-9, c. 6, s. 248. 249. The treasurer of every municipality shall open and keep a book to be known as “The Debenture Register” which shall be in such form as is prescribed by the minister and in which shall be entered full particulars of every debenture issued by the municipality. 1908-9, c. 6, s. 249. RURAL MUNICIPALITIES 67 PART VII. Municipal Ass2ssment and Taxation. ASSESSMENT. 250. The council shall appoint an assessor whose duty it Assessor shall be to make an assessment of the municipality in the manner hereinafter provided. (2) If it is deemed advisable the council may appoint the secretary, the treasurer or the secretary treasurer of the muni¬ cipality as assessor. 1908-9, c. 6, s. 250. 251. In every municipality the property exempt from Exemptions assessment and taxation shall be: 1. All land held by his Majesty for the public use of the province; 2. All lands held by or in trust for the use of any tribe of Indians; 3. The land to the extent of three acres held by or for the use of any school district erected under The School Act; 4. The land to the extent of three acres held by or for the use of any church and occupied by a building used for church purposes; 5. The land in use as a public cemetery not exceeding twenty-five acres; 6. All land belonging to the municipality when held for the public use of the municipality; 7. The buildings and grounds of agricultural societies organised under The Agricultural Societies Act. 1908-9, c. 6, s. 251. 252. As soon as may be in each year but not later .than the Assessment first day of July the assessor shall assess every person the prior to ist owner or occupant of land in the municipality and shall pre- each year pare an assessment roll in which shall be set out as accurately as may be: r~ 1. The name of the owner and the name of the occupant of each lot or parcel of land in the municipality which is not exempt from assessment and the post office address, if known, of every such owner and occupant; 2. A brief description of each such lot or parcel of land and the number of acres which it contains; and such assessment roll shall be as in the form following or to the like effect or in such form as may be prescribed from time to time by the minister: c>s RURAL MUNICIPALITIES RURAL MUNICIPALITIES G!) (2) In preparing the said assessment the assessor shall arrange the roll in accordance with the divisions of the municipality commencing with division hio. 1 and the assess¬ ment for each division shall be kept distinct and separate. 1908-9, c. 6, s. 252. 252a. The council of the municipality may by bylaw authorise the levying and collecting of a rate or rates of so much on the dollar based upon the actual value of all lands (without improvements) in the municipality as the council deems sufficient for the'current year to raise the sum required in their estimates but in no case shall the rate imposed exceed four cents on the dollar of the assessment in any one year including general, school, special and debenture rates. (2) The adoption of this section by any municipality shall be optional, which must he decided by two-thirds majority of the members of the council; or upon receipt of a petition signed by one-lialf of the resident ratepayers of the municipality the council shall adopt and carry into effect the provisions of this .section. (8) This system of assessment shall become permanent after a petition signed by one-half of the resident ratepayers has been presented for two years in succession. On a petition signed by one-half of the resident ratepayers the council shall direct the assessor to revert to the former system of taxation. 1910-11, c. 21, s. 25. 253. If at the tim6 of the preparation of the assessment Provisions .roll there exists in the municipality any hamlet it shall be the duty of the assessor to assess every person the owner or occu¬ pant of land in such hamlet; and the assessor shall enter in the assessment roll: 1. The name and post office address, if known, of the owner or (if occupied) the occupant of each lot or parcel of land in the hamlet which is not exempt from taxation; 2. A brief description of each such lot or parcel of land; 3. A brief statement of the purpose for which any such lot is occupied which statement may be made by entering in the roll after the description of the lot one of the following expressions, as the case may be: hotel, manufactory or other industry, elevator, lumber yard, store, implement warehouse, livery stable, feed or sale stable, boarding house, restaurant, office, blacksmith shop, dwelling house. 1908-9, c. 6, s. 253. 254. It shall be the duty of every person whose property information is assessable to give to the assessor all information necessary for assessor to enable him to make up the roll; but no statement made by any such person shall bind the assessor or shall excuse him from making inquiry as to its correctness. 70 Penalty Where owner Is unknown Roll to be checked by assessment committee Allowance to be made to members of assessment committee Fraudulent assessment Mailing of notice Post notice RURAL MUNICIPALITIES (2) In case any person refuses upon demand to give such information to the assessor or wilfully furnishes to the assessor false information; such person shall be liable on summary conviction to a penalty not exceeding $10. 1908-9, c. 6, s. 254. 255. If the assessor does not know and cannot after reason¬ able inquiry ascertain the name of the owner of any unoccupied lot or parcel of land in the municipality the same shall be deemed to be duly assessed if entered on the roll with a note stating that such owner is unknown. 1908-9, c. 6, s. 255. 256. The council shall appoint two of their number who with the assessor shall constitute an assessment committee; and such committee shall on the completion of the roll by the assessor and before assessment notices are sent out check over the assessment roll and make such corrections therein as the majority of the committee may decide. 1908-9, c. 6, s. 256. / , , /• . 251. The councillors who are members of such committee shall notwithstanding any jirovision herein to the contrary be entitled to receive such payment and mileage allowance for one meeting as would be paid to them for attendance at a meeting of the council. 1908-9, c. 6, s. 257.' 258. If any assessor makes fraudulent assessment or wilfully or fraudulently inserts in the assessment roll the name of any person who should not be entered therein or wilfully or fraudulently omits the name of any person who should be inserted therein or wilfully neglects any duty required of him by this Act he shall be liable to a penalty not exceeding $100. 1908-9, c. 6, s. 258. 259. Upon the completion of the assessment roll as provided in section 252 hereof the assessor shall forthwith mail to each person whose name and address appear on the roll a notice of his assessment and the entry of the date of the mailing of such notice followed by the initials of the assessor shall be privia facie evidence of the mailing of such notice on the date entered without proof of the appointment or signature of the assessor and the absence of such date and initials shall be prima facie evidence that the person’s address is unknown. (2) When all of the said notices are mailed as herein pro¬ vided the assessor shall forthwith transmit the said roll to the secretary of the municipality. 1908-9, c. 6, s. 259. 260. The assessor shall also within two weeks after the completion of the said roll post up a notice in the following form which notice shall be posted in the manner provided by section 102 hereof: RURAL MUNICIPALITIES 71 The Rural Municipality of No. Form Assessment Roll, 19 Notice is hereby given that the assessment roll of the Rural Municipality of No. for the year 19 has been prepared and is now open to inspection at the office of the secretary of the municipality from ten o’clock in the forenoon until four o’clock in the afternoon on every juridical day except Saturday (and on that day from ten o’clock in the forenoon until noon) and that any ratepayer who desires to object to the assessment of himself or of any other person must within twenty days after the date of this notice lodge his complaint in writing with the secretary of the municipality. Dated this day of 19 A.B., Assessor. 1908-9, c. 6, s. 260. 261. Every notice of assessment given as provided by^J^®* section 259 hereof shall be in such form as may be prescribed from time to time by the minister; and every such notice shall contain a statement of the last date upon which com¬ plaints may be lodged with the secretary of the municipality as fixed by the public notice under section 260 hereof. 1908-9, c. 6, s. 261. 262. No assessment shall be invalidated by reason of any Fr r ™ r 0 ’ f n error, omission or misdescription in any assessment notice or assessment by reason of the nonreceipt of such notice by the person to notIce whom it was addressed. 1908-9, c. 6, s. 262. 263. If any person thinks that he or any other person has Complaints i/ I- «/ i against been wrongly assessed or assessed too high or too low or that assessment his name or the name of any other person has been wrongly assessed or assessed too high or too low or that his name or the name of any other person has been wrongly inserted in or omitted from the roll he may within the time limited as aforesaid lodge a complaint with the secretary of the municipality and every such complaint shall contain a post office address to which any notice required may be sent to the complainant. 1908-9, c. 6, s. 263. 264. Every such complaint shall be in the following form: Form of J r ... ° notice of To the secretary of the Rural Municipality of appeal No. Sir,—I hereby appeal against assessment (or nonassess¬ ment) of on the following grounds (here state grounds of appeal). Dated this day of 19 C. D., Appellant. 1908-9, c. 6, s. 264. 72 RURAL MUNICIPALITIES Notice of hearing When meeting held Time of notice Court of revision List of a ppeals Clerk 265. The secretary shall forthwith notify every such appel¬ lant and every other person whose assessment is affected thereby of the time and place of the sittings of the council to hear the said appeal. 1908-9, c. 6, s. 265. 266. The council shall not call a special meeting to hear such appeals but'the same shall be heard at the first regular meeting the date of which will allow the giving of the length of notice herein provided for. 1908-9, c. 6, s. 266. 267. Every such notice shall be posted by registered letter to the post office address of such person, if any, as entered on the assessment roll or as indicated in the notice of complaint at least fifteen days before the sitting of the council unless such person resides within the municipality in which case the secretary treasurer shall cause the said notice to be served at such residence or so posted at least ten days before the sitting of the council. 1908-9, c. 6, s. 267. 268. The council shall be the court of revision for revising the assessment roll. 1908-9, c. 6, s. 268. 269. Before the sittings of the council the secretary shall prepare a list of the appeals in the following form which list shall he posted at the office of the secretary and shall continue so posted during the sittings of the council: Appeals to be heard by the council of the Rural Municipality of No. on the day of 19 Appellant Respecting whom Matter complained of A.B. Self Overcharged on land C. D. E. F. Name omitted G.H. J.K. Not bona fide owner or tenant L.M. Self Income overcharged etc. etc. etc. 1908-9, c. 6, s. 269. 270. The secretary shall be the clerk and secretary of the . _ . # * / «/ council m connection with assessment appeals. (2) The clerk may when required so to do issue a summons to any person to attend as a witness at the court of revision; and if any person so summoned having been tendered compen¬ sation for his time at the rate of $1 per day and mileage at the rate of ten cents per mile (both ways) where a railway is not available or actual railway fare (both ways) where a railway RURAL MUNICIPALITIES 73 is available, disobeys such summons he shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 and costs: Provided however that the council hearing the appeal may Proviso for good and sufficient reasons excuse such persons from attend¬ ing before them and in such event no penalty shall be incurred by reason of such nonattendance. 1908-9, c. 6, s. 270. 271. The appeals shall be heard as far as possible in the Conduct of order in which they stand upon the said list; but the council may adjourn or expedite the hearing of any appeal as they think fit. 1908-9, c. 6, s. 271. 272. If the appellant or any other person whose assessment Nonappear- is affected or may be affected by the result of the appeal fails to appear in person or by an agent the council may proceed in his absence. 1908-9, c. 6, s. 272. 273. It shall not be necessary to hear upon oath the com- Evlden ce plainant or assessor or the person complained against except where the council deems it necessary or proper or where the evidence of the person is tendered on his own behalf or is required by the opposite party. (2) All oaths necessary to be administered to witnesses giving evidence before the council may be administered by any member of the council hearing the appeal. 1908-9, c. 6, s. 273. 274. All the duties of the council as a court of revision Termination shall be completed by the first day of September and no of slttlIlgs appeal to the council shall be heard after that date except as provided in section 291 hereof. 1908-9, c. 6, s. 274. 275. Forthwith after the conclusion of the sittings the secre- Amendment tary shall amend the assessment roll in accordance with the of ro11 decisions of the council; every such amendment shall be made in ink of a different colour from that of the original roll and shall be verified by the initials of the secretary. 1908-9, c. 6, s. 275. 276. The roll with any amendments made as aforesaid shall o f d roii ion be the assessment roll of the municipality: Provided that there shall be a right of appeal from the decision of the council to the judge as provided herein and according to the procedure prescribed herein. 1908-9, c. 6, s. 276. 277. The council may at any time correct any gross and Correction palpable errors in the roll and any corrections so made shall be initialed by the secretary. 1908-9, c. 6, s. 277. 74 RURAL MUNICIPALITIES Appeal lies to judge Notice of appeal Secretary to notify judge i Notice to parties Notice of appeals Clerk of court Adjournment of court Production and amend¬ ment of roll APPEAL FROM COURT OF REVISION TO JUDGE. 278. An appeal to the judge shall lie not only against the decision of the court of revision on an appeal but also against the omission, neglect or refusal of the said court to hear or decide an appeal to it. 1908-9, c. 6, s. 278. 279. The person appealing shall in person or by agent serve upon the secretary of the municipality within eight days after the decision of the court of revision a written notice of his intention to appeal to a judge. 1908-9, c. 6, s. 279. 280. The secretary shall immediately after the time limited for filing notices of appeal forward a list of the same to the judge of the district court for the judicial district in which the municipality is wholly or mainly situated; and such judge shall fix a day and place for the hearing of such appeals. 1908-9, c. 6, s. 280. 281. The secretary shall thereupon give notice to all parties appealed against in the same manner as is provided for giving notice on a complaint; but in the event of failure by the secre¬ tary to have the required service in any appeal made or to have the same made in proper time the judge may direct service to he made for some subsequent day upon which he may sit. 1908-9, c. 6, s. 281. 282. The secretary shall cause a conspicuous notice to he posted up in his office containing the names of all the appel¬ lants and parties appealed against with a brief statement of the ground or cause of appeal together with the time and place at which a court will be held to hear appeals. 1908-9, c. 6, s. 282. 283. The secretary shall be the clerk of such court. 1908-9, c. 6, s. 283. 284. At any court so holden the judge shall hear the appeals and may adjourn the hearing from time to time and defer judgment thereon at his pleasure. 1908-9, c. 6, s. 284. 285. At the court to he holden by the judge to hear the appeals the secretary of the municipality shall appear and produce the assessment roll and all papers and writings in his custody connected with the matter of appeal and such roll shall be altered and amended according to the decision of the judge, if then given, who shall write his initials opposite any part of the said roll in which any mistake, error or omission is corrected or supplied; and if the decision is not then given the secretary of the municipality shall when the same is given forthwith alter and amend the roll according to the same and shall write his name opposite every such alteration or cor¬ rection. 1908-9, c. 6, s. 285. RURAL MUNICIPALITIES 7 286 . In all sncli proceedings the judge shall possess all witnesses such powers for compelling the attendance of and for the examining on oath of all parties whether claiming or objecting or objected to and all other persons whatsoever and for the production of books, papers and documents and for the enforc- ment of his orders, decisions and judgments as belong to or might be exercised by him in the district court. 1908-9, c. 6, s. 286. \> ■ i 287 . The costs of any proceedings before the judge as Costs aforesaid shall be paid by or apportioned between the parties in such .manner as the judge thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued as the judge may direct from the district court or in the same manner as upon an ordinary judgment for costs in such court. 1908-9, c. 6, s. 287. 288 . The costs chargeable or to be awarded in any case Taxation shall be the costs of witnesses and of procuring their atten¬ dance and none other, the same to be taxed according to the allowance in the court for such costs; and in case where execu¬ tion issues the costs thereof as in the like court and of enforcing the same may also be collected thereunder. 1908-9, c. 6, s. 288. 289 . The decision and judgment of the judge shall be final Decision of and conclusive in every case adjudicated upon. 1908-9, c. 6, s. 289. 290 . If at any time within one month from the date on Councii^may which all complaints against the assessment shall be lodged tion to roil with the secretary as provided by section 263 hereof it is discovered that any person liable to assessment is not assessed or that there is any error in any of the particulars contained in the roll the council may direct the secretary to enter the name of such person on the roll or to correct the error and every such entry or correction shall be dated and initialed by the secretary. 1908-9, c. 6, s. 290. 291 . In the event of any such addition to or correction Notice to -i • ^ persons of the roil without the knowledge or consent of the person affected by or persons affected thereby a notice as required by section 267 of 1 ron 10n hereof shall be sent to such person or persons by the secretary; and every such person shall be given every reasonable oppor¬ tunity to complain or appeal against the said assessment and all complaints and appeals so made shall be heard and deter¬ mined as nearly as may be in the manner provided by this Act. 1908-9, c. 6, s. 291. 292 . When the roll is finally completed and the time during Binding which complaints and appeals against the assessment has amended elapsed the secretary shall over his signature enter at the ro11 70 RURAL MUNICIPALITIES Evidence of roll Estimates Levy of rate Uniform rate of taxation Proviso . foot of the last page of the roll the following certificate filling in the date of such entry: “Roll finally completed this day of 19 and the roll as thus finally completed and certified to shall be valid and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or any defect, error or misstatement in any notice required by this Act or any omission to deliver or to transmit any such notice. 1908-9, c. 6, s. 292. 293 . A copy of the roll or of any portion thereof written or printed without any erasure or interlineation and under the seal of the municipality certified to he a true copy by the secretary shall be received as pnma facie evidence in any court of justic'e without the production of the original assess¬ ment roll. 1908-9, c. 6, s. 293. TAXATION. 294 . The council of every municipality shall as soon as practicable in each year prepare in detail an estimate of the probable expenditures of the municipality for the year and such estimate shall include the sum or sums required to repay any temporary loan or to meet any debenture coupons which may fall due during the year. 1908-9, c. 6, s. 294. 295 . Upon the completion of the said estimate the secre¬ tary shall lay before the council the revised assessment roll of the municipality for the year certified to as provided by section 292 hereof and the council shall by resolution authorise the treasurer of the municipality to levy upon all the lands entered in the said roll with the exception of such lands as are included in any hamlet such tax at the uniform rate per acre as shall be deemed sufficient to meet the said estimate of expenditures; and in fixing the said rate the council shall make due allow¬ ance for the nonpayment of taxes and for any rebate fixed for prompt payment. 1908-9, c. 6, s. 295. 296 . The uniform rate of taxation to he authorised by the council as provided in the next preceding section shall not in any one year exceed six and one-quarter cents per acre nor shall such rate he less than two and one-half cents per acre: Provided that in the case of any municipality which has raised a loan by way of debentures the council may in any year if deemed advisable increase the said maximum rate of six and one-quarter cents per acre by such additional rate as shall be'sufficient to meet any debenture coupons that may he accruing due during the year; Provided further that taxes imposed at any time under The Local Improvements Act upon lands within the munici¬ pality shall be collected by the municipality. 1908-9, c. 6 r s. 296; 1909, c. 24. s. 7. RURAL MUNICIPALITIES 77 29(ia. The provisions of this Act respecting the imposition and collection of school rates and taxes shall not apply to any separate school or separate school district established under The School Act. 1910-11, c. 21, s. 26. 297 . In case any municipality includes within its limits school rates the whole or any part of any rural school district erected under * The School Act which has not been declared a village or town district for purposes of assessment as provided by The School Assessment Act it shall be the duty of the council through its proper officers notwithstanding anything to the contrary in The School Assessment Act to impose and collect such rates on the land and other property of the persons liable to assess¬ ment for school, purposes in such district or such part thereof as may be fixed by the trustees of the district; and such taxes shall be collected in the same manner as all other rates and taxes of the municipality. 1908-9, c. 6, s. 297; 1910-11, c. 21, s. 27 (2) (3). . (Amendment took effect January 1, 1912.) 298 . On or before the first day of August in each year Demand the board of trustees of every such district shall transmit to trustees * 001 the treasurer of each municipality in which the district is situated in whole or in part: (a) A map or plan showing the area and boundaries of the said district ; (b) A summary of the estimated expenditures of the district for the year ; (c) A certified copy of a resolution of the board of trustees fixing the rate of taxation to be levied on all assessable lands in the district for the year; ( d ) A detailed statement of all arrears of school taxes due to the school district showing the lands on which they were levied, the respective years for which they are due and the several amounts thereof due for each of such years; and in case the board of trustees of any such district in which a hamlet is situated desires the property in such hamlet to be taxed for school purposes in the manner hereinafter provided it shall notify the treasurer of the municipality in writing to that effect. 1908-9, c. 6, s. 298; 1910-11, c. 21, s. 28. 299 . On or before the first day of September in each year Tax roil the treasurer of every municipality shall enter in the assess¬ ment roll for the year in the several columns provided for the purpose as shown in the- form contained in section 252 hereof a statement of all taxes levied against each lot or parcel of land assessed as shown by the said roll and every such state¬ ment when completed shall show: 78 RURAL MUNICIPALITIES Minimum municipal tax Minimum school tax Tax in hamlets 1. The rate per acre levied by the municipality to meet the estimated expenditures of the municipality as heretofore provided: 2. The rate per acre fixed by each rural school district as aforesaid to be levied by the treasurer on such lands of the school district as are situated in the municipality; 3. The rate fixed by The Supplementary Revenue Act; 4. The sum total of the rates levied against each lot or parcel of land; 5. The total taxes due for the current year on each lot or parcel of land; 6. The arrears of taxes levied under any authority due on each lot or parcel of land; 7. The sum total of all taxes due on each lot or parcel of land. (2) In the event of the total tax payable by any person under this section for the purposes of the municipality being less than two dollars the tax to be entered in the roll as payable by such person for such purpose shall be the said two dollars. (3) In the event of the total tax payable by any person under this section for school purposes being less than two dollars the tax to be entered in the roll as payable by such person for such purpose shall be the said two dollars. (4) The provisions of the next two preceding subsections shall not apply to any land included in any hamlet. (5) All arrears of school taxes levied before the organisa¬ tion of the municipality on lands within the municipality shall be collected by such municipality and shall be transferred immediately after collection to the treasurer of the school district in which the land against which such arrears were levied is situated. 1908-9, c. 6, s. 299; 1909, c. 24, s. 8; 1910-11, c. 21, s. 29. 300 . In the case of lands included in any hamlet within the limits of the municipality the treasurer shall levy and enter in the said roll the following tax for municipal purposes and if requested so to do on or before the first day of September in each year by the trustees of the school district in which such hamlet may be situated the following tax for school purposes, namely: 1. On the land occupied by any building for one of the following purposes the tax set opposite thereto: Kate of same RURAL MUNICIPALITIES' 79 For municipal For school purposes purposes (a) For an hotel.$25.00 $15.00 (b) For a manufactory or other industry 20.00 10.00 (c) For an elevator . 20.00 10.00 ( d ) For a lumber yard . 15.00 9.00 (e) For a store. 10.00 6.00 (/) For an implement warehouse. 10.00 6.00 ( g ) For a livery, feed or sale stable. . . . 10.00 6.00 ( h ) For a boarding house or restaurant 5.00 3.00 (i) For an office . 5.00 3.00 (/) For a blacksmith shop. 5.00 1.00 (fc) For a dwelling . 3.00 1.00 (Z) For any other purpose. 1.00 .50 2. On each lot or parcel of land which is unoccupied by a building a tax of 50 cents for municipal purposes and of 25 cents for school purposes: Provided that in case any of the buildings above described Buildings on are situated upon nontaxable land a tax. equal to the amounts land above set out shall be levied upon the owner of the said build¬ ing in respect thereof. 1908-9, c. 6, s. 300; 1912, c. 29, s. 6. 301 . The treasurer shall mail to each person whose name Mailing tax appears on the assessment roll and to the address shown therein notice of the amount of taxes due by such person in respect of the land for which he is assessed; .and the entry of the date of mailing each such notice followed by the initials of the treasurer on the roll shall be prima facie evidence of the mail¬ ing of the notice on the date entered without proof of the appointment or signature of the treasurer and the absence of any entry of such date and initials shall be prima facie evidence that the person’s address is unknown. (2) Every such notice shall show the property assessed, the several rates of taxation for the current year as herein¬ before mentioned, the total taxes levied for the current year, the arrears of taxes and the total taxes due and shall be in such form as may from time to time be approved by the minister. 1908-9, c. 6, s. 301. 302 . All taxes levied under the provisions of this Act shall Taxes where ^ • • • psyfiblo be payable at the office of the treasurer of the municipality. 1908-9, c. 6, s. 3.02. 303 . The taxes accruing upon or in respect of any land g£f t ea llen in the municipality shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon except claims of the Crown. 1908-9, c. 6, s. 303. 304 . In the event of any taxes remaining unpaid after Penalty for the thirty-first day of December of the year in which the of n taxes' ent same are levied there shall be added thereto by way of penalty 80 RURAL, MUNICIPALITIES Receipt book for taxes Arrears first charge on tax payment Arrears first charge on tax pay¬ ment Distress for taxes a sum equal to eight per centum of such taxes remaining unpaid and the same additional sum shall be added thereto after the thirty-first day of December in each succeeding year during which the said taxes remain unpaid and such amount or amounts so added shall form part of the taxes which by section 303 hereof are created a special lien upon the land; nothing in this section contained shall be construed to extend the time for payment of the said taxes nor in any way to impair the right of distress or any other remedy provided by this Act for the collection of the said taxes. 1908-9, c. 6, s. 304. 305. The treasurer shall enter with the date of receipt all amounts paid him for taxes on the assessment, roll opposite the lot or parcel of land for which such payment is made and he shall issue an official receipt for every such payment such as may from time to time be approved by the minister. 1908-9, c. 6, s. 305. 30G. The treasurer shall upon the written request of any person assessed who pays only a portion of the taxes due by him credit such person in the assessment roll as having paid such taxes as such person may select provided that if arrears of taxes are due by such person the taxes received shall first be applied in payment of such arrears. 1908-9, c. 6, s. 306. 307 . In case any person pays only a portion of the taxes due by him and such person does not as provided in the next preceding section signify the manner in which such taxes are to be applied the treasurer.shall first apply such taxes in payment of any arrears due by such person and the remainder of the taxes so paid, if any, shall be as nearly as may be pro¬ portionally divided in payment of the several taxes levied for the current year. 1908-9, c. 6, s. 307. 308 . In case any person fails to pay the taxes assessed against him within thirty days after the posting of the tax notice provided by section 301 hereof the treasurer may by himself or his agent levy the same with costs by distress of the goods and chattels of the person against whom the same are assessed situated within the municipality or of any goods and chattels found upon the land in respect of which the taxes are due the property of or in possession of any‘other occupant of the premises and the costs chargeable shall be the same as those allowed in the schedule to chapter 51 of The Revised Statutes of Saskatchewan 1909. (2) The treasurer shall by advertisement posted up in at least five widely separated conspicuous places in the munici¬ pality give at least ten days’ public notice of the time and place of sale and the name of the person if known for payment of whose taxes the property is to be sold and at the time RURAL MUNICIPALITIES 81 named in the notice the treasurer or his agent shall sell at public auction the goods and chattels distrained or so much thereof as may be necessary to pay the taxes due with all lawful costs including $2 for posting notices. (3) If the property distrained has been sold for more than the amount of taxes and costs and if no claim to the surplus is made by any other person on the ground that the property sold belonged to him or that he was entitled by lien or other right to the surplus it shall be paid to the person in whose possession the property was when the distress was made. (4) If the claim is contested such surplus money shall be paid over by the treasurer to the clerk of the district court for the judicial district within which such municipality is wholly or mainly situated who shall retain the same until the respective rights of the parties have been determined by action at law or otherwise. 1908-9/c. 6, s. 308 ; 1910-11, c. 21, s. 30. 309 . Any taxes or arrears of taxes due to the municipality suit for or levied by it may be recovered by suit in the name of the taxes council as a debt due to the municipality; in which case the assessment roll shall be prima facie evidence of the debt. (2) For the purposes of this section all taxes shall be - deemed to be due on the day on which the tax notices provided by section 301 hereof were mailed as shown by the assessment roll. 1908-9, c. 6, s. 309. 310 . All taxes for municipal purposes due on any land Taxes on included in a municipality but which may thereafter be with- ^village™ drawn therefrom and comprised within the limits of a village, town or city shall continue to remain as taxes due to the municipality; and for the purposes of the collection of such taxes the said land shall be deemed to be in the municipality and all the provisions of this Act with respect to the collection of such taxes shall apply: Provided that in the case of such taxes due on land com¬ prised within the limits of a village the treasurer of such municipality shall as such taxes are collected pay over to the council of the village one-half of the amounts received. 1908-9, c. 6, s. 310. 311 . If in any year the amount of the taxes collected by Deficiency in the treasurer for any rural school district falls short of the to^^made 8 total taxes levied by him for such district the council may by u p fro “ . , . iir*- , -| . J general fund resolution direct the denciency to be made up from the general fund of the municipality; and every sum so advanced shall be deemed to be a loan to the district to be repaid out of the future collection of taxes for such district. 1908-9, c. 6, s. 311. 82 RURAL MUNICIPALITIES Tax enforcement Audit of tax enforcement return Return to be prlma facie evidence Treasurer to collect arrears 312. The treasurer of every municipality shall during the month of January in each year prepare a separate statement to be known as “The Tax Enforcement Return;” and the treasurer shall enter in such return the following information in the columns provided for the purpose: 1. The name and post office address of each person whose name appears on the last revised assessment roll of the munici¬ pality and who has not paid all taxes due by him to the municipality for the year next preceding the preparation of the said return or for any former year; 2. A description of each lot or parcel of land for which each person is assessed; 3. A statement of the taxes due by each such person on each lot or parcel of land for which he is assessed including the taxes of the next preceding .year and showing the years for which all such taxes were levied. 1908-9, c. 6, s. 312. 313. When duly prepared as provided in the next preceding section the treasurer shall submit the tax enforcement return to the auditor of the municipality who upon auditing the same and upon being satisfied that the said return is correct shall indorse thereon the following statutory declaration: I, , auditor of the Rural Municipality of No. , hereby solemnly declare that I have audited the above return and that to the best of my knowledge and belief it is correct in every particular. And I make this solemn declaration conscientiously believ¬ ing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declared before me at 1 this day of 19 .1 A Commr., J.P. or N.P. Auditor. 1908-9, c. 6, s. 313. 314. The said return as thus verified by the auditor of the municipality shall for all purposes be prima facie evidence of the validity of the assessment and imposition of the taxes as shown therein and that all steps and formalities prescribed by this Act have been taken and observed. 1908-9, c. 6, s. 314. 315. The treasurer shall continue to collect arrears of taxes due to the municipality as shown by said return and upon receipt of any such payment he shall enter in the said return the amount paid followed by his initials and the date of pay¬ ment. 1908-9, c. 6, s. 315. RURAL MUNICIPALITIES 83 316. On the application in chambers of the treasurer of 00 " 1- * °f , . . 11 . i-ii confirmation the municipality or some solicitor authorised by the council of the said to the judge of the district court within whose district the municipality is wholly or mainly situated such judge may appoint a time and place for the holding of a court of con¬ firmation of the said return notice of which shall be published in every issue of The Saskatchewan Gazette for two months and once each week for at least eight weeks in such local newspaper published in the vicinity of the lands entered on the said return as shall be named by the judge. 1908-9, c. 6, s. 316. I 317. A notice of the time and place fixed for confirmation Notice of of such return shall be sent by registered mail by the treasurer £ourt rmatl ° n of the ^Municipality at least sixty days prior to the time so fixed to each person who appears by the records of the proper land titles office or by the said return to have any interest in the lands mentioned in the said return in respect of which confirmation is desired and whose post office address is shown by said records or return; and the entry against such lands in the said return of the date of mailing such notice together with the signature or initials of the treasurer shall without proof of the appointment or signature or initials of the treas¬ urer be prima facie evidence that the required notice was duly mailed on the date so entered. 1908-9, c. 6, s. 317. 318. If after the date for confirmation has been fixed as payment of provided in section 316 hereof any person interested in any ^te 3 fixed 61 * parcel of land contained in the return presented to the judge ^^conflrma- for confirmation desires to pay the taxes due upon such land as return shown by the said return such person may do so on condition that he pays in addition to the said taxes the sum of two dollars for each parcel of land for costs of application to the judge and advertising and postage in connection with such proceedings; and any sums so paid shall form part of the general revenue of the municipality. 1908-9, c. 6, s. 318. 319. At the time and place appointed as hereinbefore Hearing of provided the judge shall hear the application and also anyfo/wnfirma- objecting parties and the evidence adduced before him and thereupon adjudge and determine whether or not the taxes imposed respectively upon each lot or parcel of land included in the tax enforcement return were either wholly or in part in default and report the adjudication to the treasurer of the municipality and shall also confirm the said return as to those lands on which any taxes are determined to be in arrears naming the amounts of such arrears and adding thereto a reasonable amount for the expenses of advertising together with such sums as he may fix for costs of the application; and the effect of such adjudication when registered as herein¬ after provided shall be to vest in the municipality the said 84 RURAL, MUNICIPALITIES Costs of redemption Taxes due January 1st Successful opposition to confirmation Copy of adjudication to be registered Copy of confirmation to be sent to all interested persons Publication of notice of forfeiture Payment of taxes to treasurer ' after confirmation lands freed from all liens, mortgages and incumbrances of every nature and kind whatsoever subject however to redemp¬ tion by the owners respectively of the said lands at any time within one year from the date of the adjudication by the pay¬ ment to the treasurer of the municipality of the amounts named including expenses as aforesaid together with a redemp¬ tion fee of five cents per acre for each and every acre in the parcel of land so redeemed and any subsequent taxes paid by the municipality; but no such redemption fee shall be less than $2. (2) For the purposes of this section all taxes shall be deemed to be due on the first day of January of the calendar year within which they are imposed. (3) In the event of any person successfully opposing con¬ firmation of the said return as to the land in which he is interested the judge may order an allowance to him as witness fees to be paid by the municipality. (4) A copy of such adjudication certified by the treasurer shall be forwarded by registered mail to the registrar of land titles of the land registration district in which the lands named in the adjudication or any of them are situated; and it shall be the duty of the registrar to register the same against the lands therein named. (5) A copy of such adjudication shall also be sent by regis¬ tered mail to the persons to whom by section 317 hereof notice of the time and place fixed for confirmation of the return is required to be sent and such persons or any them shall be entitled to redeem the lands as hereinafter provided. (6) The treasurer of the municipality shall after the expira¬ tion of ten months and before the expiration of eleven months from the date of such adjudication cause to be published in The Saskatcheivan Gazette a notice stating that the land named therein has been forfeited for nonpayment of taxes and stating the time at which the period of redemption pro¬ vided by law will expire. 1908-9, c. 6, s. 319. 320. When the taxes on any parcel of land together with the expenses and redemption fee provided for in section 319 hereof have been paid to the treasurer within one year from the date of the said adjudication the treasurer shall issue to the person paying the taxes a certificate in the form following verified by an affidavit of attestation in the form following which certificate shall on presentation to the registrar of the land registration district in which the lands named are situated be registered by him free of charge and the said certi- cate when so registered shall discharge and release the said land from the said adjudication and the effect thereof. RURAL MUNICIPALITIES 85 The Rural Municipality Act. Certificate of Redemption. This is to certify that the following lands, viz.: as to which an adjudication under the provisions of section 319 of The Rural Municipality Act bearing date the day of was made by his Honour , Judge of the District Court of the Judicial District of in the Province of Saskatchewan, have been, under the provisions of the said section, redeemed and the said lands are therefore discharged and released from the said adjudication and the effect thereof. Dated at this day of , 19 Witness: Affidavit of Attestation. Canada: Province of Saskatchewan, To wit: I, of < in the Province of Saskatchewan, ( occupation ) make oath and say: • 1. That I was personally present and did see named in the within instrument who is personally known to me to be the person named therein, duly sign and execute the same for the purposes named therein. 2. That the same was executed at the of in the Province of Saskatchewan, and that I am the subscrib¬ ing witness thereto. Sworn before me at ^ in the Province of Saskatchewan j. this day of 19 . j A J.P ., Commr. or N.P. (or as the case may be) 1908-9, c. 6, s. 320. 321. If after the expiration of one year from the date of issue of the said adjudication the taxes together with the expenses and title in name redemption fee as provided in section 319 hereof have not panty nicI ’ been paid to the treasurer the registrar on the written applica¬ tion of the treasurer shall issue a certificate of title under the provisions of The Land Titles Act in favour of the munici pality freed from all liens, mortgages and incumbrances of every nature and kind whatsoever. 1908-9, c. 6, s. 321. 8G RURAL MUNICIPALITIES Forfeited land to be liable for school and supplemen¬ tary revenue taxes Forfeited land may be sold under approval of Lieutenant Governor in Council Penalties for nonperform¬ ance of duties Recovery of penalties Penalties to go to general revenue fund of province Rights as in proceedings 323. So soon as the said return has been confirmed by the judge as provided by section 319 hereof the treasurer of the municipality shall out of the general revenues of the munici¬ pality pay all taxes levied for school purposes or levied under The Supplementary Revenue Act which are shown to be due on the several parcels of land in the said confirmed return; and thereafter while owned by the municipality each parcel of land shall be assessed in the name of the municipality for all taxe's required to.be levied except taxes for the purposes of the municipality and as if the lands were assessed to an ordinary individual. 1908-9, c. 6, s. 322. 323. Any lot or parcel of land which becomes the property cf the municipality in the manner provided by section 319 hereof may subject to the approval of the Lieutenant Governor in Council be sold, leased or otherwise disposed of by the council of the municipality on such terms and conditions as it may fix. 1908-9, c. 6, s. 323. PART VIII. Miscellaneous. PENALTIES. 324. Any secretary, treasurer or other officer of, a munici¬ pality who refuses, neglects or fails to discharge the duties of his office or who knowingly signs any false statement, report or return required by this Act or any law in force in the province or who refuses or neglects to hand over to his successor in office or such persons as may be designated in writing to him by the council or by the minister all moneys, books, papers and other property of the municipality in his possession in addition to any civil liability which he may incur shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $50. 1908-9, c. 6, s. 324. 325. All fines, penalties and forfeitures mentioned in this Act may be recovered and enforced with costs on summary conviction before a justice of the peace. 1908-9, c. 6, s. 325. 326. All moneys accruing from fines L»r penalties under this Act shall unless otherwise provided belong to the general revenue fund of the province. 1908-9, c. 6, s. 326. ACTIONS BY AND AGAINST MUNICIPALITY. 327. Where duties, obligations or liabilities are imposed by law upon any person, company or corporation or where contracts or agreements are or have heretofore been created, enacted or validated by any statutes imposing such duties, RURAL MUNICIPALITIES 87 obligations or liabilities the municipality shall have the right by action to enforce such duties or obligations and the pay¬ ment of such liabilities and to obtain as complete and full relief and to enforce the same remedies as could have been maintained, obtained and enforced therein by the attorney general had he been a party to the said action as plaintiff or a plaintiff upon the relation of any person interested. 1908-9, c. 6, s. 327. 328. In case a bylaw or resolution is illegal in whole or in Notice of part or in case anything has been done under it which by certain cases reason of such illegality gives any person a right of action no such action shall be brought until one month has elapsed after the bylaw or resolution has been quashed or repealed nor until one month’s notice in writing of the intention to bring the action has been given to the municipality; and every such action shall be brought against the municipality alone and not against any person acting under the bylaw or resolution. 1908-9, c. 6, s. 328. 329. In case the municipality tenders amends to the plain- Tender of tiff or his solicitor if such tender is pleaded and if traversed ameu,l! ’ and no more tjian the amount tendered is recovered the plain¬ tiff shall have no costs; but costs shall be taxed to the defendant on such scale as the presiding judge may direct and shall be set off against the amount recovered; and the balance due to either party may be recovered as in ordinary cases. 1908-9, c. 6, s. 329. 330. ISTo proceedings of the council or of any committee Disquaiifica- of the council or of any person acting as chairman or member member not of the council or of a committee shall be invalidated by reason p°jc™dings e of any defect in the appointment or election or of any disquali¬ fication of any such person. 1908-9, c. 6, s. 330. EXECUTIONS AGAINST RURAL MUNICIPALITIES. '4 , ' 1 331. Any writ of execution against a municipality may be Procedure on indorsed with the direction to the sheriff of the judicial execution in district in which the municipality is wholly or mainly situated ^ndf 3 to levy the amount thereof by rate and the proceedings thereon shall be as follows: 1. The sheriff shall deliver a copy of the writ and indorse- copy writ ment to the treasurer with a statement in writing of the ered e to eliV ' amount required to satisfy such execution including the treasurer amount of interest thereon and sheriff’s fees and demand the Demand for payment of the same; payment 2. In case the amount demanded is not paid to the sheriff Execution within thirty days after such delivery the sheriff shall examine the assessment roll of the municipality and shall in 88 RURAL MUNICIPALITIES Sheriff’s precept to treasurer Levy of special rate Surplus Treasurer’s percentage Treasurer and assessor officers of court Assessment of and voting by joint owners like manner as rates are struck for general municipal pur¬ poses strike a rate sufficient to cover the amount claimed as aforesaid with such addition to the same as the sheriff deems sufficient to cover the interest, his own fees and the collector’s percentage up to the time when such rate will probably be available; ' 3. The sheriff shall thereupon issue a precept or precepts under his hand and seal of office directed to the treasurer and shall annex thereto the roll of such rate and shall by such precept after reciting the writ and that the municipality had neglected to satisfy the same and referring to the roll annexed to the precept command the treasurer to levy such rate at the time and in the manner by law required in respect to the general annual rates; 4. At the time for levying the annual rates next after the receipt of such precept the treasurer shall add a column to the tax roll headed: “Execution rate in A. B. versus the rural municipality of USTo. , as the case may be,” adding a similar column if there are more executions than one and shall insert therein the amount by such precept or precepts to be levied upon each person respectively and shall levy the amount of such execution rate as aforesaid and shall within the time that he is required to make the returns of the general annual rate return to the sheriff the precept or precepts with the amount levied thereon deducting his percentage; 5. The sheriff shall after satisfying the execution and all fees thereon return any surplus within ten days after receiving the same to the treasurer for the general purposes of the municipality; 6. In case the treasurer of any municipality against which an execution has issued is not paid by percentage fixed by bylaw he shall be paid for such collections a sum not exceeding two and one-half per centum; 7. The treasurer and the assessor shall for the purposes of carrying into effect or permitting Or assisting the sheriff to carry into effect the provisions of this Act with respect to such execution be deemed to be officers of the court from which such writ issued and as such may be proceeded against by attachment, mandamus or otherwise to compel them to perform the duties hereby imposed on them. 1908-9, c. 6, s. 331. JOINT OWNERS. 332. Notwithstanding anything herein contained when land is jointly owned or occupied by more than four persons only those of such joint owners or occupants to the number that there are half sections of the land so jointly owned or occupied first presenting themselves for the purpose of voting U RAL MUNICIPALITIES 89 hereunder shall be deemed to be the owners or occupants of such land within the me. ning of subclause (a) of clause 1 of section 2; and when land is so jointly owned or occupied by more than four persons the assessor shall in assessing such land enter on the assessment roll as the owner or occupant of such land the names of as many joint owners or joint occu¬ pants as there are half sections of the land so jointly owned or occupied and no more. 1908-9, c. 6, s. 332. DISSOLUTION OF LOCAL IMPROVEMENT DISTRICTS. 333. Whenever any municipality organised on the thir- Disposition teenth day of December, 1909, comprises a township or town- an/ilabm- ships that theretofore formed part of a local improvement dissolution district all the assets and liabilities apportioned to each such of local improvement township under the provisions of The Local Improvements districts Act shall respectively be used for the benefit of and be a charge upon such township alone: Provided however that save as between such township and the municipality such assets and liabilities shall be deemed to be the assets and liabilities of the municipality and the municipality may sue and be sued therefor; Provided further that all arrears of taxes apportioned as aforesaid to any such township may be collected by such muni¬ cipality in all respects as though such arrears were originally due to such municipality; And provided further that such municipality may by a special rate or rates levy on any such township such tax as iriay be necessary to discharge any liability apportioned as aforesaid to such township. 1908-9, c. 6, s. 333. 334. Whenever a local improvement district is organised Disposition as a municipality such local improvement district shall on, etc., of local from and after the date of such organisation cease- to be a a7striet ement local improvement district; and all contracts, property, assets, as rights and lia-bilities of such local improvement district as paiity existing at the date of said order shall be deemed and taken for all purposes to be the contracts, property, assets, rights and liabilities of the municipality. 1908-9, c. 6, s. 334. EXISTING MUNICIPALITIES. 335. Nothing contained in this Act shall affect or apply Existing to the municipalities of Indian Head and South Qu’Appelle; but the said municipalities as they are now constituted shall continue to exist and to have and enjoy all the powers which they may possess by law at the time of the coming into force cf this Act: Provided however that the Lieutenant Governor in Council may upon presentation of a petition in that behalf by the council of either of the said municipalities declare from time 90 RURAL MUNICIPALITIES. to time by a proclamation or proclamations the date or dates on and after which this Act or any partAhereof shall apply to the municipality and may alter the boundaries of the munici¬ pality ; And provided further that the said municipalities shall impose and collect school taxes for all such rural school dis¬ tricts as are wholly or partially within the limits of such municipalities in the manner as nearly as may be provided by this Act in the case of other rural school districts. 1908-9, c. 335; 1910-11, c. 21, s. 31. t Regina: Printed by John A. Reid, Government Printer.