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The Villages Act
being
Chapter 105 of the Revised Statutes of Saskatchewan, 1930 (effective date February 1, 1931).
NOTE:This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation.
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Table of Contents
SHORT TITLE1 Short Title
INTERPRETATION 2 Interpretation 3 Deviation from forms 4 Power to alter or revoke bylaws 5 Extension of time 6 Extension of time by order of minister
PART I
Organisation and Erection of Villages
6 Extension of time by order of minister 7 Corporation name 8 Area and population 9 Application for petition form10 Form and requistes of petition11 Signature to be verified12 Name of poster13 Procedure on receipt petition14 Posting notices15 Proof of posting notice16 Appointment of person to take census17 Minister’s order declaring village erected18 Notice of erection published19 Exceptions where summer resort erected as village20 Alternative provisions re preparation of voters’ list
ALTERATIONS IN BOUNDARIES OF VILLAGES21 Alternations in boundaries of villages22 Settlement and adjustment incident to alteration
of boundaries
MISDESCRIPTION AND ERRORS IN DEFINING BOUNDARIES
23 Misdescription and errors in defining boundaries24 Corrected by minister’s order
BOUNDARY LINES OF VILLAGES25 Boundaries of townships and sections for the
purpose of Act
CHANGE OF NAME26 Change of name27 Change not to affect existing rights and obligations
PART II
The Village Council
28 Powers29 Village council30 Qualification of councillors31 Disqualification32 Tenure of office33 Declaration of office
MEETINGS IN COUNCIL34 First meeting35 Chairman36 Vacancy37 Regular meetings38 Special meetings39 Notice of meeting may be waived40 Plan of meeting
PROCEEDINGS AT MEETINGS41 Council may make rules as to procedure42 Quorum43 Overseer presides44 Chairman appointed in absence of overseer45 Quorum necessary to validate proceedings46 Motions47 Majority vote48 Compulsory voting49 Meetings open to the public50 Public meeting of electors
OVERSEER51 Overseer
VACANCIES52 Vacancies53 Seat declared vacant in certain cases54 Filling vacancies55 Minister may appoint councillors, etc.
DISORGANISATION OF A VILLAGE56 Disorganisation of village: notice in Gazette
PART III
Elections
57 Annual elections58 Voters’ list59 Particulars in voters’ list60 Secretary’s certificate61 List to be posted62 Correction of errors63 Offences and penalty
MEETINGS FOR NOMINATION OF COUNCIL64 Nomination for first election65 Annual elections66 Annual meeting
OATHS OF OFFICE67 Election officials’ oaths68 Notice of meeting
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PROCEEDINGS AT NOMINATION MEETINGS69 Proceedings at nomination meetings70 Form of nomination papers71 Candidate’s acceptance72 Declaration of poll73 Withdrawal of candidate74 Abandonment of poll
TIME AND NOTICE OF POLL75 Time of poll76 Notice of poll
PREPARATION FOR POLL77 Polling place78 Poll clerk79 Ballot box80 Ballot papers81 Ballot papers either written or printed82 Form of ballot papers83 Directions for guidance of voters
PROCEEDINGS AT POLL84 Presence of returning officer85 Voting compartments86 Posting up of directions87 Secretary treasurer delivers last revised voters’
list to returning officer88 Poll book89 Agents of candidates90 Persons entitled to be present in polling booth91 Opening of poll92 Who may vote93 Chief resident officer voting by94 First election95 Elections subsequent to the completion of voters’ list96 Name of elector omitted97 Oath of voter98 Oath noted99 Refusal to swear
100 Ballot paper initialed101 Omission to initial102 Explanation of method of voting103 Inability, etc., to mark ballot104 Penalty for plural voting105 Evidence of voting106 Marking of ballot paper107 Secrecy of votes108 Ballot received but not used109 Ballots spoiled before voting
PROCEEDINGS AT CLOSE OF POLL110 Close of poll111 Procedure on close of poll112 Statement by returning officer113 Declaration of election114 Returning officer gives casting vote115 Return by returning officer to secretary treasurer116 Destruction of ballots117 Inspection118 Order for inspection
RECOUNT119 Recount may be ordered120 Deposit of security121 Persons entitled to be present at recount122 Procedure on recount123 Quo warranto proceedings preserved124 Costs125 Execution
GENERAL PROVISIONS126 Printed documents to bear name of printer127 Secrecy of votes in legal proceedings128 Candidate may act for or assist his agent129 Non-attendance of agents130 Errors not affecting results131 Election expenses132 Contesting elections133 Offences134 Secrecy of voting135 Penalties for officials136 List of voters furnished to town clerk in certain cases
PART IV
Municipal Offiers
APPOINTMENT137 Secretary treasurer and assessor138 Other officials139 Councillor not eligible140 Appointments not made by tender141 Tenure of office
SECURITY142 Security by officials143 Security by secretary treasurer144 Liability of officers, servants, etc.
SECRETARY TREASURER145 Duties146 Financial year147 Receipts for taxes
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AUDITOR148 Appointment149 Abstracts of receipts and expenditures by auditor150 Notice of tax arrears151 Auditor’s oath of office
PENALTY FOR DEFAULT152 Offences and penalty
PART V
Bylaws and General Powers and Duties of Councils
153 Power to pass bylaws154 Bylaw for closing of shops155 Council may do omitted work156 Licenses not to exclude taxes157 Curfew bell
NOXIOUS WEEDS158 Council may appoint inspectors under The Nox-
ious Weeds Act
RESTRAINING ANIMALS RUNNING AT LARGE159 Restraining animals running at large160 Penalty for improper impounding 161 Notice given by poundkeeper where owner known162 Copies of all notices posted at pound163 Impounded animals may be sold164 Poundkeeper not to have any interest in sale165 When animals shall not be sold166 Poundkeeper not need be licensed as auctioneer167 Disposal of proceeds of sale168 Owner’s claim to net proceeds
TESTING CATTLE FOR TUBERCULOSIS169 Cattle tuberculosis tests
PROCEDURE AS TO BYLAWS170 Bylaws signed and have three distinct readings be-
fore passing171 Evidence of passing172 Petition for submission of bylaws173 Validation of bylaws
INFRACTION OF BYLAWS174 Penalty and fine by bylaw175 Cost of conveyance to gaol and maintenance
QUASHING BYLAWS AND RESOLUTIONS176 Motion to quash177 Bylaws procured by bribery and corruption
POWERS AND DUTIES OF COUNCILS178 Powers and duties of councils
DECLARING AND ABATING NUISANCE179 Council may declare answers180 No sale at price less than actual value181 No bonusing182 Compromising taxes on subdivisions
183 Expropriation184 Cases not covered by section 182185 Compromise of school taxes
FUEL YARDS186 Power to borrow187 Power to operate yards
HIGHWAYS AND PUBLIC PLACES188 Title to roads, etc., within villages189 Without the village190 Repair of public works191 Limitation of actions
CARE OF THE INDIGENT SICK192 Liability for hospital expenses of residents for 30 days193 Residents for less than 30 days194 Harvesters195 Information to be supplied by hospital board196 Recovery of expenses by village197 Expenses a charge on lands198 Agreement between council and hospital199 Statement by Saskatchewan Anti-tuberculosis League200 Payment by village201 Power to make special levy202 Taxes recoverable
BURIAL OF DESTITUTE PERSONS203 Council makes provision
PUBLIC ACCOMODATION204 Powers of council to issue licenses, etc.205 Council may rent, lease or purchase buildings206 Votings207 Powers of council after securing authority208 Provision of funds209 Application for license210 Form of application211 Issue of license, and fee212 Application for renewal of licenses213 Licenses framed and exhibited214 Sign is exhibited215 Penalty for misrepresentation by unlicensed person216 Notice of municipal bylaw217 Conduct of hotels regulated by council218 Suspension or cancellation of license by council219 Service and effect of notice of cancellation220 Assistance in aid of public rest and reading rooms221 Notice displayed in public hotels, etc.
PART VI
Municipal Loans
TEMPORARY222 Temporary loans223 Temporary loan after July 1224 Loans for school purposes
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DEBENTURE LOANS225 Debenture bylaws226 Authorisation of loan227 Poll228 Time and place of poll, etc.229 Notice of poll230 Proceedings at poll, etc.231 Ballot paper232 Agents at poll233 One vote only234 Declaration of poll235 Passing of bylaw236 Certificate from secretary treasurer concerning
passing of bylaw237 Signing and sealing debentures238 Issue of debentures239 Form of debenture240 Limit of debenture241 Rate of interest242 Term of debentures243 Debentures registered by minister244 Debenture countersigned by minister245 Debenture register
PART VII
Municipal Assessment and Taxation
246 Assessor247 Assessment248 Occupant and owner liable249 Adjustment of taxes250 Fixed assessment251 Exemptions252 When person assessed for realty and income253 Power to suspend taxation of income254 Wild Lands Tax Act not to apply255 Information given256 Information by employers257 Assessment roll258 Roll checked by assessment committee259 Fraudulent assessment260 Notice of assessment by publication261 Notice by mail262 Appeal to council263 Form of notice of appeal264 Notice of hearing265 Time of notice266 Court of revision267 List of appeals268 Clerk in assessment appeals269 Conduct of hearing270 Nonappearance271 Evidence272 Termination of sittings
273 Amendment of roll274 Adoption of roll275 Correction of errors
APPEAL FROM COURT OF REVISION TO THESASKATCHEWAN ASSESSMENT COMMISSION
276 Appeal lies to commission277 Proceedings on appeal278 Council may order addition to roll279 Notice of persons affected by correction of roll280 Binding effect of amended roll281 Evidence of roll
TAXATION282 Estimates283 Levy of rate284 Assessment where village includes school district285 Statement by school trustees of estimated
expenditure and payment by council286 Statement of assessment by village to school trustees287 Material supplied by school trustees288 Statement of account of village with school district289 Arrears of school taxes290 Tax roll291 Tax notice292 Taxes where payable293 Taxes first lien294 Discount295 Penalty for nonpayment of taxes296 Receipt book and official receipt297 Arrears first charge on tax payment298 Distress for taxes299 Anticipatory distress300 Suit for taxes301 Tax certificate, issue of302 Binding effect of certicate303 Taxes due on organisation304 Payment of taxes before buildings removed305 Buildings assessable
PART VIII
Actions By and Against Villages
306 Rights as in proceedinds307 Notice of action in certain cases308 Tender of amends309 Recovery of fines310 Disposal of fines
EXECUTIONS AGAINST VILLAGES311 Procedure on writs of execution in sheriff ’s hands312 Secretary treasurer and assessor officers of court
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PART IX
Erection of Villages into Towns
313 Erection of villages into town314 Approval of electors315 Publication of notice316 Application to minister for erection into town317 Issue of proclamation318 The Town Act applicable319 Village council continued until election of town council320 Property delivered to town clerk321 Bylaws and regulations to continue in force
until varied322 Village taxes paid to town323 Suits and right of action and liabilities continued324 Title to property of village to vest in town FO
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CHAPTER 105
An Act respecting Villages
SHORT TITLE
Short title
1 This Act may be cited as The Village Act.1928, c.37, s.1; R.S.S. 1930, c.105, s.1.
INTERPRETATION
Interpretation
2 In this Act, unless the context otherwse requires, the expression:
“Assessor”
1. “Assessor” means the assessor of the village;
“Boarding house”
2. “Boarding house” includes every boarding house and rooming house designated in the regulations governing such premises issued under the provisions of The Public Health Act;
“Burgess”
3. “Burgess” means an elector who is such in respect of freehold property;
“Business”
4. “Business” includes any trade, profession, calling, occupation or employment;
“Council”
5. “Council” means the council of a village;
“Councillor”
6. “Councillor” means a member of the council of a village;
“Elector”
7. “Elector” means:
(a) for the purpose of any election held prior to the completion of the first revised voters’ list of the village, any person of the full age of twenty-one years who has owned or been an occupant of assessable property in the village as provided by this Act for a period of at least two months immediately prior to the date of such election, or who is the chief resident officer of a corporation, and the wife or husband of any such person if of the full age of twenty-one years and residing with such person in the village;
(b) after the completion of the first revised voters’ list of the village any person of the full age of twenty-one years whose name appears on the last revised voters’ list of the village;
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“Hawker” or “pedler”
8. “Hawker” or “pedler” means a person who:
(a) goes from house to house selling or offering for sale, or soliciting orders for the future delivery of, goods, wares or merchandise; or
(b) carries and exposes for sale goods, wares or mer chandise; or
(c) carries and exposes samples or patterns of goods, wares or merchandise or specimens of work done, cuts or blue prints for purposes of sale by such samples, patterns, specimens, cuts or blue prints and upon the understanding that such goods, wares or merchandise, will afterwards be delivered in the village to any person who is not a wholesale or retail dealer therein; or
(d) sells goods, wares or merchandise upon the public highways;
notwithstanding that the sale includes an agreement regard ing the erection, construction or installation of, or other work to be performed in connection with, such or similar goods, wares or merchandise, or an agreement to use artistic or mechanical skill in the production of the goods, wares or merchandise to be delivered; but does not include:
(e) any person selling newspapers, magazines, books, farm implements, binder twine, lightning rods, pianos, organs, automobiles, sewing machines or parts thereof, typewriters, adding machines, com puting scales, fire extinguishers, tombstones or nursery stock; or any person selling lumber or coal, provided such person resides or has a place of business in the village;
(f) any farmer selling products raised in Saskatchewan on his own farm;
(g) any person selling fish of his own catching;
(h) any merchant, selling or offering for sale goods, wares or merchandise which he ordinarily deals in, if he has a recognised place of business in the village and pays a business tax in respect of such business;
(i) the bona fide servant or employee of any such person, or farmer, or merchant, having written authority to sell;
“Income”
9. “Income” means the profit or gain (whether ascertained and capable of computation as being wages, salary or other fixed amount or unascertained as being fees or emoluments or profits from trade or commercial or financial or other business or calling, or the value of board and lodging) directly or indirectly received by a person from any office or employment or from any profession or calling or from any trade, manufacture or business, during the year next preceding that in which the assessment is made; and includes the interest, dividends or profits directly or indirectly received from money at interest upon any security or without security or from stocks or from any other investment and also profit or gain from any other source whatever; but does not include income derived from farm lands or other investments outside the village;
“Judge”
10. “Judge” means a judge of the district court for the judicial district in which the village is situated; and “court” or “district court” means that court;
“Land” or “property”
11. “Land” or “property” includes lands, tenements and hereditaments and any estate or interest therein;
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VILLAGES c. 105
“Minister”
12. “Minister” means the Minister of Municipal Affairs;
“Occupant”
13. “Occupant” includes the resident occupier of land in a village, or if there be no resident occupier the person entitled to the possession thereof, the leaseholder or holder under agreement for sale and a person having or enjoying in any way for any purpose whatever the use of land in a village;
“Owner”
14. “Owner” includes a person who has any right, title, estate or interest in property other than that of a mere occupant, mortgagee or incumbrancee;
“Person
15. “Person” includes corporations, joint stock com panies and partnerships and women as well as men;
“Places of public accommodation”
16. “Places of public accomodation” means and includes public hotels, boarding houses, restaurants, sample rooms and rest and reading rooms;
“Public hotel”
17. “Public hotel” includes every hotel, common lodging house or place of accommodation other than a boarding house supplying lodging to the public;
“Restaurant”
18. “Restaurant” means and includes every building or part of a building used as a restaurant, cafe or lunch counter, or used for the purpose of providing meals for the public, which has and regularly uses accommodation for serving more than six paying guests at any one meal;
“Secretary”
19. “Secretary treasurer” means the secretary treasurer of the village;
“Transient trader”
20. “Transient trader’’ means and includes any person who occupies premises in a village for temporary periods and whose name has not been duly entered on the assess ment roll and who may offer goods or merchandise of any description for sale by auction or in any other manner conducted by himself or by any licensed auctioneer or otherwise:
Provided that the term shall apply only to and include such persons commencing in the village the business men tioned in this paragraph who have not resided continuously in such village for a period of at least three months next preceding the time of the commencement by him of such business therein;
“Village”
21. “Village” means any village municipality now existing and any village municipality organised under the provisions of this Act.
1928, c.37, s.2; 1928-29, c.33, s.2; 1930, c.33, s.2; R.S.S. 1930, c.105, s.2.
Deviation from forms
3 Where forms are prescribed any deviation therefrom not affecting the substance nor calculated to mislead shall not vitiate the same and forms to the like effect shall suffice.
1928, c.37, s.3; R.S.S. 1930, c.105, s.3.
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Power to alter or revoke bylaws
4 Where power to make bylaws, regulations, rules or orders is conferred it shall include the power to alter or revoke revoke the same from time to time and to make others.
1928, c.37, s.4; R.S.S. 1930, c.105, s.4.
Extension of time
5 Where in this Act a certain date is fixed on or by which certain things are to be done or proceedings had if it appears that such date was fixed having regard to an earlier date 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.
1928, c.37, s.5; R.S.S. 1930, c.105, s.5.
Extension of time by order of minister
6 If anything to be done by or under this Act at or within a fixed time cannot be or is not done the minister may from time to time appoint a further or other time for doing the same whether the time within which the same ought to have been done has or has not expired.
1928. c.37, s.6; R.S.S. 1930, c.105, s.6.
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PART I
Organisation and Erection of Villages
Corporation name
7 The inhabitants of every village heretofore or hereafter created or established in Saskatchewan shall be a municipal corporation under the name of “The Village of _________________ .”
1928, c.37, s.7; R.S.S. 1930, c.105, s.7.
Area and population
8 No portion of the province shall be erected into a village with an area greater than six hundred and forty acres of land and no such portion of the province shall be so erected unless it contains not less than one hundred persons actually resident therein.
1928, c.37, s.8; R.S.S. 1930, c.105, s.8.
Application for petition form
9 Whenever the residents of any portion of the province deem it advisable that such portion should be erected into a village they shall apply to the minister for a form of petition which form shall be supplied by him.
1928, c.37, s.9; R.S.S. 1930, c.105, s.9.
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Form and requistes of petition
10(1) Every petition for the erection of a village shall be in such form as is prescribed by the minister and shall be signed by at least fifteen persons of the full age of twenty-one years who actually reside within the limits of the proposed village.
(2) Every such petition shall be accompanied by a fee of twenty-five dollars which shall form a part of the general revenues of the province.
1928, c.37, s.10; R.S.S. 1930, c.105, s.10.
Signature to be verified
11(1) Every signature to every such petition shall be verified by the statutory declaration of some person signing such petition.
Plan
(2) There shall be annexed to every petition a map or plan showing in detail the limits of the proposed village.
1928, c.37, s.11; R.S.S. 1930, c.105, s.11.
Name of poster
12 Every petition shall set forth the name and ad dress of some responsible person or persons residing in the proposed village who will undertake on behalf of the peti-tioners to post up the notices required by section 13.
1928, c.37, s.12; R.S.S. 1930, c.105, s.12.
Procedure on receipt of petition
13 Upon receipt of any such petition the minister shall forthwith require the person or persons referred to in section 12 to post up a notice which shall be in such form as is prescribed by the minister setting forth a time not less than three full weeks from the posting thereof during which complaints may be lodged with the minister against the organisation of the village and every such complaint shall state clearly the reasons why the complainants are opposed to such organisation of the village.
1928, c.37, s.13; R.S.S. 1930, c.105, s.13.
Posting notices
14 Every such notice shall be posted in the post office, if any, within the limits of the proposed village and in three other separate public places therein.
1928, c.37, s.14; R.S.S. 1930, c.105, s.14.
Proof of posting notices
15 Satisfactory proof that the notices hereinbefore mentioned have been posted up shall be furnished to the minister by a statutory declaration in form prescribed by him.
1928, c.37, s.15; R.S.S. 1930, c.105, s.15.
Appointment of person to take census
16 Previous to the expiration of the three full weeks mentioned in section 13 the minister shall appoint a person to take a census of the actual residents of the proposed village.
1928, c.37, s.16; R.S.S. 1930, c.105, s.16.
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Minister’s order declaring village erected
17 If in the opinion of the minister no sufficient cause is shown why the organisation of the village should not be proceeded with he shall by written order:
(a) declare the village to be erected and assign to it a name;
(b) fix a day, hour and place for the nomination meeting for the election of a council;
(c) appoint a suitable person to act as returning officer at such election;
(d) fix a day, hour and place for the first meeting of the council.1928, c.37, s.17; R.S.S. 1930, c.105, s.17.
Notice of erection published
18 Notice of the erection of a village, giving its name and a description of its boundaries, shall be published in The Saskatchewan Gazette; and such notice shall be con clusive evidence of the erection of the village and that all the necessary formalities required by this Act have been complied with.
1928, c.37, s.18; R.S.S. 1930, c.105, s.18.
Exceptions where summer resort erected as village
19 The residents of a summer resort may petition the minister to have the area included in such resort erected into a village, and when such village has been erected the provisions of this Act shall apply, with the following excep tions:
1. The word “residing” in section 30 shall have reference to a temporary residence of one month or more during the summer and preceding the election;
2. The meetings of the council may be held at any place decided upon by a majority of the members of the council;
3. The appointment of an auditor shall be made before the first day of July in each year;
4. Subsections (1) and (2) of section 149 shall not apply;
5. The annual nomination meeting shall be held on such day within the first fourteen days of August as the council may determine, of which meeting due notices shall be given; and the election, if necessary, of the three council lors, on the corresponding day one week later, and all proceedings preliminary thereto shall be taken at corres ponding times beforehand;
6. The nomination shall be held for a period of one hour and the poll for the election of councillors shall be open for six consecutive hours at any time between 10 o’clock in the forenoon and 10 o’clock in the afternoon as may be determined by a resolution of the council passed not less than one month before the election day.
1928, c.37, s.19; 1930, c.33, s.3; R.S.S. 1930, c.105, s.19.
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Alternative provisions re preparation of voters’ list
20 Notwithstanding anything in section 19 contained, the council of a village erected thereunder may, by a bylaw to be passed on or before the first day of June in any year, adopt the provisions hereinafter in this section contained which provisions shall remain in force until the bylaw is repealed:
1. The secretary treasurer shall prepare the village voters’ list on or before the first day of August;
2. Section 260 shall be read with the word “forthwith” substituted for “within ten days” in the first line, and with the word “ten” substituted for “twenty” in the eighth line of the body of the notice;
3. The secretary treasurer shall transmit the assessment notices mentioned in section 261 immediately after the completion of the assessment roll;
4. Section 265 shall be read with “five” substituted for “fifteen” in the fourth line, and with “five” substituted for “six” in the eighth line;
5. All the duties of the council as a court of revision shall be completed bythe twenty-fifth day of July, instead of the first day of September as required by section 272.
1928, c.37, s.20; R.S.S. 1930, c.105, s.20.
ALTERATIONS IN BOUNDARIES OF VILLAGES
Alterations in boundaries of villages
21 The minister may by order notice of which shall be published in The Saskatchewan Gazette:
(a) sever any portion of a village and annex the same to any adjoining municipality;
(b) annex to any village any outlying area adjacent to but not included within the limits of any city, town or village;
(c) alter and adjust the boundaries of two or more coterminous or adjacent villages or rural munici palities.
1928, c.37, s.21; R.S.S. 1930, c.105, s.21.
Settlement and adjustment incident to alteration of boundaries
22 In the event of the boundaries of any village or rural municipality being altered in any manner as provided in the next preceding section the minister shall have power to make due provision for the settlement and adjustment of all matters arising out of such alteration including the disposition of the assets and liabilities of the municipalities affected; and every decision of the minister with respect to any such settlement and adjustment shall be final and binding on all parties concerned.
1928, c.37, s.22; R.S.S. 1930, c.105, s.22.
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MISDESCRIPTION AND ERRORS IN DEFINING BOUNDARIES
Misdescription and errors in defining boundaries
23 No order purporting to be made under sections 17 and 21 shall be deemed invalid on account of any noncompliance with any of the matters required by this Act as preliminary to such order; and no misnomer, inaccurate 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.
1928, c.37, s.23; R.S.S. 1930, c.105, s.23.
Corrected by minister’s order
24 Any misdescription or other error in any order made by the minister under the provisions of this Act may by any subsequent order be corrected and confirmed with such correction as of the date on which it was made by the minister.
1928, c.37, s.24; R.S.S. 1930, c.105, s.24.
BOUNDARY LINES OF VILLAGES
Boundaries of townships and sections for the purpose of Act
25 For the purpose of defining the boundaries of a village municipality under this Act, those sides of road allowances on which monuments or posts have been or may hereafter be placed under a survey made or to be made pursuant to any statute of the Parliament of Canada governing the survey of Dominion lands, shall be the boundaries either of townships or of sections:
Provided, however, that in the case of correction lines the south side of the road allowance shall be the boundary and that the boundaries of all Indian reserves shall be the lines defining that side of the road allowance immediately next to such Indian reserve.
1928, c.37, s.25; R.S.S. 1930, c.105, s.25.
CHANGE OF NAME
Change of name
26 The minister may from time to time alter the name of any village upon the petition of the council and notice of such alteration shall be published in The Saskatchewan Gazette; and in such case the seal theretofore used by such village shall continue to be the seal thereof until changed by the council.
1928, c.37, s.26; R.S.S. 1930, c.105, s.26.
Change not to affect existing rights and obligations
27 No change in the name of any village made in accordance with the provisions of section 26 shall affect any obligation, right, action or property incurred, established, done or acquired prior to such change.
1928, c.37, s.27; R.S.S. 1930, c.105, s.27.
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PART II
The Village Council
Powers
28 The powers of every village under this Act shall be exercisable by the council thereof.
1928, c.37, s.28; R.S.S. 1930, c.105, s.28.
Village council
29 The council of every village shall consist of three councillors one of whom shall be elected annually by general vote of the electors of the village in the manner hereinafter provided.
1928, c.37, s.29; R.S.S. 1930, c.105, s.29.
Qualification of councillors
30(1) Every person, male or female, shall be eligible for nomination as councillor who is an elector residing in the village, has paid all taxes due by him as shown on the assessment roll of the village, and is a British subject.
(2) Where an elector is qualified as being the wife or husband of a person whose name appears on the last revised assessment roll, or as being the chief resident officer of a corporation or the wife or husband of such officer, such elector shall not be eligible for nomination unless all the taxes of the husband or wife through whom, or of the corporation through which the elector qualifies, have been paid.
1928, c.37, s.30; R.S.S. 1930, c.105, s.30.
Disqualification
31 No secretary treasurer, assessor, auditor, constable or other paid official of the village, no person who has by himself or his partner any interest in a contract with or on behalf of the village or who is indebted to the village, no surety for an officer or employee of the village, no person who has been convicted of an offence punishable with death or with imprisonment for more than one year and no person who has, within twelve months immediately preceding the date of election, made an assignment for the general benefit of creditors, or against whom, within that period, a receiving order has been made under the Bankruptcy Act, or who is an undischarged bankrupt, shall be eligible for nomination or election as a member of the council.
1928, c.37, s.31; R.S.S. 1930, c.105, s.31.
Tenure of office
32(1) Subject to the provisions hereinafter contained every member of the council shall hold office for three years.
(2) The councillors elected at the first election shall hold office as follows: the councillor receiving the highest number of votes shall hold office for three years; the councillor receiving the next highest number of votes, for two years; and the councillor receiving the lowest number of votes, for one year.
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(3) In case there be no vote taken, the councillors elected shall hold office in the order in which they were nominated, for three years, two years and one year respec-tively.
(4) If any two or more candidates receive an equal number of votes, they shall respectively hold office in the manner provided in subsection (3).
(5) In case the first election is held at a date earlier than that prescribed for the regular annual election by Part III hereof, the councillors then elected shall hold office to the end of the current calendar year, and for three years, two years and one year respectively afterwards, in accord ance with the foregoing provisions.
(6) Every member of the council shall hold office until his successor is elected.1928, c.37, s.32; R.S.S. 1930, c.105, s.32.
Declaration of office
33(1) Every member of the council and every officer of the village 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, faithfully and impartially, to the best of my know ledge and ability execute the office of (inserting the name of the office) to which I have been elected (or appointed as the case may be) 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 interest 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 news paper, save and except that arising out of my office as (naming the office).
(2) The person making such declaration shall before entering upon the duties of his office deposit the same in the office of the secretary treasurer; provided that in the case of the councillors first elected the declaration shall be handed to the chairman at the first meeting of the council to be afterwards deposited by him with the secretary treasurer.
1928, c.37, s.33; R.S.S. 1930, c.105, s.33.
MEETINGS OF COUNCIL
First meeting
34 The first meeting of the council in each year following the organisation of the village shall be held on the first Monday in January except when that Monday is a public holiday in which case the meeting shall take place on the next subsequent day which is not a public holiday; and the council of the previous year shall hold office until the new council meets.
1928, c.37, s.34; R.S.S. 1930, c.105, s.34.
Chairman
35 The council shall at its first meeting elect a chairman who shall preside at all meetings of the council and the said chairman shall be styled overseer of the village.
1928, c.37, s.35; R.S.S. 1930, c.105, s.35.
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Vacancy
36 Whenever the position of overseer of the village becomes vacant through resignation, death or otherwise, the council shall as soon as possible thereafter, elect an overseer to fill the vacancy.
1928, c.37, s.36; R.S.S. 1930, c.105, s.36.
Regular meetings
37 The council may at any meeting at which 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 notice of any such meeting shall be necessary.
1928, c.37, s.37; R.S.S. 1930, c.105, s.37.
Special meetings
38(1) A special meeting of the council shall be called by the secretary treasurer when he is required so to do in writing by any two members of the council; 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 delivered personally by the secretary treasurer to every member of the council or in case of the absence from the village of any member of the council to some adult person at the residence of such member.
(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.
1928, c.37, s.38; R.S.S. 1930, c.105, s.38.
Notice of meeting may be waived
39 The council may by unanimous consent waive notice of any special or other meeting at any time but every member of the council must be present at such meeting.
1928, c.37, s.39; R.S.S. 1930, c.105, s.39.
Place of meeting
40 Every meeting of the council shall be held in the village.1928, c.37, s.40; R.S.S. 1930, c.105, s.40.
PROCEEDINGS AT MEETINGS
Council may make rules as to procedure
41 Every council may make rules and regulations for governing its proceedings, calling meetings, the conduct of its members and generally for the transaction of its business provided that no such rule or regulation be contrary to law or the provisions of this Act.
1928, c.37, s.41; R.S.S. 1930, c.105, s.41.
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Quorum
42 A majority of the whole council shall be necessary to form a quorum and no business shall be transacted unless there be a quorum.
1928, c.37, s.42; R.S.S. 1930, c.105, s.42.
Overseer presides
43 The overseer shall preside at every meeting of the council and he shall preserve order and enforce the rules of the council.
1928, c.37, s.43; R.S.S. 1930, c.105, s.43.
Chairman appointed in absence of overseer
44 In the absence of the overseer from any meeting another member of the council shall act as chairman and during such meeting shall have the same authority as the overseer would have had.
1928, c.37, s.44; R.S.S. 1930, c.105, s.44.
Quorum necessary to validate proceedings
45 No act or proceeding of any council shall be deemed valid or binding on any party which is not adopted at a regular or special meeting of the council at which a quorum is present.
1928, c.37, s.45; R.S.S. 1930, c.105, s.45.
Motions
46 Every matter shall be submitted to the council on the motion of the overseer or any member thereof and no seconder shall be required.
1928, c.37, s.46; R.S.S. 1930, c.105, s.46.
Majority vote
47 At every meeting of the council all questions shall be decided by the majority of the votes and the overseer or chairman of the council, as the case may be, shall have the right to vote but in the case of an equality of votes the question shall be decided in the negative.
1928, c.37, s.47; R.S.S. 1930, c.105, s.47.
Compulsory voting
48 The overseer when present and all the councillors present shall vote in council on every division.
1928, c.37, s.48; R.S.S. 1930, c.105, s.48.
Meetings open to the public
49 The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct; but the person presiding at any meeting may cause to be expelled and excluded any person who is guilty of improper conduct at such meeting.
1928, c.37, s.49; R.S.S. 1930, c.105, s.49.
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Public meeting of electors
50 If so requested at any time by the written petition of five electors the overseer shall be public notice conspicuously posted in at least three widely separated places in the village call a public meeting of the electors for the discussion of municipal affairs or of any matter relating thereto.
1928, c.37, s.50; R.S.S. 1930, c.105, s.50.
OVERSEER
Overseer
51 The overseer shall be the chief executive officer of the village and it shall be his duty to be vigilant and active in causing the laws governing the village to be duly exe cuted to inspect the conduct of all village officers and so far as in his power to cause all negligence, carelessness and violation of duty to be duly prosecuted and punished and to communicate from time to time to the council all such information and to recommend such measures as may tend to the betterment of the finances, health, security, cleanli ness, comfort, ornamentation and prosperity of the village.
1928, c.37, s.51; R.S.S. 1930, c.105, s.51.
VACANCIES
Vacancies
52 Any 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 treasurer and every such resignation shall take effect upon receipt of the notice thereof by the secretary treasurer, unless such notice specifies a future date at which it is to take effect, in which case it shall take effect upon such date and 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.
1928, c.37, s.52; R.S.S. 1930, c.105, s.52.
Seat declared vacant in certain cases
53 If after the election of any person as a member of the council he is convicted of an offence punishable with death or with imprisonment, or makes an assignment for the general benefit of creditors, or if a receiving order is made against him under the Bankruptcy Act, or if he absents himself from the meetings of the council for three con secutive months without being authorised by a resolution of the council so to do, the seat of such person in the council shall become vacant and the council shall forthwith so declare it.
1928, c.37, s.53; R.S.S. 1930, c.105, s.53.
Filling vacancies
54(1) 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 for the unexpired term of the member whose seat has been vacated 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 of the year in which his term of office expires, such election shall not take place.
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(2) If the seat in the council of a councillor, whose term would not otherwise have expired at the end of the then current year, becomes vacant after the first day of Novem ber in any year, then such vacancy may be filled by the election of an extra councillor at the next general election, and the person obtaining the next highest number of votes after the regular number of councillors have been elected shall fill such vacancy.
(3) In case of an election of an extra councillor under subsection (2) every elector shall be entitled to vote for one extra candidate for each vacancy to be filled; and, in case no more candidates are nominated than the number required to be elected, the candidate last nominated shall be deemed to be elected to fill such vacancy.
(4) In the event of the number of members of the council being reduced by resignation or otherwise below the number required to constitute a quorum, the minister may appoint a returning officer and fix a date for an election to fill the vacancies.
1928, c.37, s.54; R.S.S. 1930, c.105, s.54 .
Minister may appoint councillors, etc.
55(1) The minister may at any time appoint some person or persons to act in the room and stead of the three councillors, secretary treasurer and assessor of the village, and every such person so appointed shall have all the powers and authority conferred by this Act on a village council, secre tary treasurer and assessor and shall be remunerated out of the funds of the village or otherwise as the minister deter mines.
(2) Upon the appointment of any person 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.
1928, c.37, s.55; R.S.S. 1930, c.105, s.55.
DISORGANISATION OF A VILLAGE
Disorganisation of village: notice in Gazette
56(1) The minister 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 village shall be disorganised and thereupon the same and the council thereof shall cease to have any of the rights, powers or privileges vested in villages by this Act.
Minister may appoint person to adjust assests and liabilities
(2) Upon any such disorganisation the minister may appoint a person to adjust and settle the assets and liabilities of the village; and the person so appointed may sell, dispose of and convert into money the assets and property of the village and apply the same so far as it will extend, first in payment of the liabilities of the village, and secondly in payment of his own remuneration which shall be fixed by the minister and he shall transfer the surplus, if any, to the rural municipality within the boundary of which the village is situated.
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In case liabilities exceed assests
(3) In case the amount so realised is insufficient to satisfy the liabilities of the village and his remuneration then such person may assess, levy, collect, and enforce payment of the sum required to cover such indebtedness or any balance thereof remaining unpaid, and expenses, in cluding his own remuneration, in the same manner as a council and its officers might assess, levy, collect and enforce payment of a rate under this Act.
Minister may appoint more than one person
(4) The minister may at his discretion appoint more than one person to adjust the assets and liabilities of the village and in such case the remuneration of all such persons shall be provided as herein above directed.
Disposal of unadjusted assests
(5) Any right or claim which the village may have at the date of disorganisation which has not been included as an asset and adjusted and transferred as provided for by subsection (2) shall ipso facto belong to and vest in and may be recovered by and in the name of the rural municipality.
Collection of village taxes
(6) Upon disorganisation the rural municipality mentioned in subsection (2) shall become entitled to collect outstanding taxes of the village, and for this purpose to take proceedings under The Arrears of Taxes Act and to continue any proceedings under that Act already begun by the village. In all matters and proceedings under the said Act the municipality shall stand in the place and stead of the village, and the registrar of land titles in whose registration district the village was situated shall, on pro duction of a certificate of the Department of Municipal Affairs certifying to the disorganisation of the village, recognise the municipality as representing the village and give effect to tax sale certificates, returns of lands sold and other documents issued by the secretary treasurer or other proper officials of the village, or in any way affecting the rights of the village, as if the rural municipality had been the original taxing authority and such documents had been issued by the proper official of such municipality, or as if the rights under said documents or affected by them were rights of such municipality.
1928, c.37, s.56; R.S.S. 1930, c.105, s.56.
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PART III
Elections
Annual elections
57 Except as provided by section 32 there shall be held annually in every village an election for councillors which election shall be conducted at the time and in the manner herinafter provided.
1928, c.37, s.57; R.S.S. 1930, c.105, s.57.
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Voters’ list
58(1) The secretary treasurer shall, on or before the first day of November in each year, prepare a list of all electors, and such list, which shall be in the form following, shall be known as “The Village Voters’ List”:
Voters’ List of the Village of ____________________ for the year _____________ .
(2) The council may cause copies of the said list to be printed in such quantities as it may deem advisable, and offered for sale at a fixed price.
(3) Any amounts received from the sale of the village voters’ list shall form a part of the funds of the village.
1928, c.37, s.58; R.S.S. 1930, c.105, s.58.
Particulars in voters’ list
59 In preparing the said list, the secretary 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 village:
1. The name of every person assessed and the husband or wife of any such person, if actually residing with such person in the village, arranged alphabetically according to their surnames;
2. A brief description of the land or other property for which each such person is assessed or qualified;
3. The words “occupant,” “owner,” or “husband or wife of such,” as the case may be;
4. The assessed value of the property in respect of which each person is assessed;
5. The names of the chief resident officers of corpora tions who are not otherwise voters in the village, and the resident wives or husbands of such officers.
1928, c.37, s.59; R.S.S. 1930, c.105, s.59.
No.on list
Nameof
voter
Descriptionof
property
Owner or occupant
or residenthusband or
wife of such
Chief residentofficer of
corporationor residenthusband orwife of such
Assessedvalue
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Secretary’s certificate
60 When the list has been prepared, as provided in sections 58 and 59, the secretary shall, immediately after certifica.e the last name on the list, 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.
1928, c.37, s.60; R.S.S. 1930, c.105, s.60.
List to be posted
61(1) The secretary shall then forthwith make a true and correct copy of the said list and post the same in his office, and such copy or the original thereof shall be open to inspection by any person at all reasonable hours.
(2) The secretary shall also post up a copy of such list in the post office.1928, c.37, s.61; R.S.S. 1930, c.105, s.61.
Correction of errors
62(1) In case through inadvertence or otherwise any mistake, error, wrongful entry or omission has been made in the said original list or copy, it shall be the duty of the secretary, subject to subsection (2), upon being notified in writing of such mistake, wrongful entry or omission, to revise the list accordingly.
(2) No such revision shall be made except for the pur pose of correcting the spelling of names, unless notification is received by the secretary at least seven clear days prior to the date fixed for the annual election, and unless in case of a person assessed as owner or occupant, the last revised 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.
(3) Every revision of the original list or of the copy, by way of alteration, correction or addition, shall have placed opposite it the date of such revision and the initials of the secretary.
1928, c.37, s.62; R.S.S. 1930, c.105, s.62.
Offences and penalty
63 Any secretary who:
(a) refuses or neglects to prepare the said list as herein provided; or
(b) neglects or fails to enter on the said list the name of any person whose name appears on the last revised assessment roll of the village or whom he knows to be otherwise entitled to be placed on the said list; or
(c) neglects or fails to enter on the said list any other particular as provided herein; or
(d) enters on the said list the name of any person whose name does not appear on the said roll and who is not qualified as a resident husband or wife; or
(e) refuses, 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.
1928, c.37, s.63; R.S.S. 1930, c.105, s.63.
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MEETINGS FOR NOMINATION OF COUNCIL
Nomination for first election
64 The nomination meeting for the first election of members of a village council shall be held at a time and place and on a day fixed by the minister.
1928, c.37, s.64; R.S.S. 1930, c.105, s.64.
Annual elections
65 In the case of annual elections the council shall by resolution at least two weeks prior to the second Monday of November in each year:
(a) name a place for holding the nomination meeting;
(b) appoint a returning officer who shall be an elector residing in the village;
(c) name a polling place which shall be within the village.1928, c.37, s.65; 1930, c.33, s.4; R.S.S. 1930, c.105, s.65.
Annual meeting
66 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 third Monday of November in each year.
1928, c.37, s.66; 1930, c.33, s.5; R.S.S. 1930, c.105, s.66.
OATHS OF OFFICE
Election, officials oaths
67 Every returning officer, poll clerk, constable or other officer appointed to act at an election shall before entenng upon their respective duties take and subscribe before any person authorised to administer oaths within the province the following oath:
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FORM OF OATH
Canada:Province of Saskatchewan,
To wit:
I, ___________________________________________________ of __________________, in the Province of Saskatchewan, (occupation) do swear that I will not at any time disclose to anyone the name of any person who has voted at the election to be held in the village of ___________________ on the day of __________ , 19 __________ ; and that I will not unlawfully attempt to ascertain the candidate or candidates 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 _______________in the Province of Saskatchewanthis _______ day of _____ 19 ____.
____________________________________.
A J.P., N.P., or Commr. for Oaths.
1928, c.37, s.67; 1928, c.105, s.67.
Notice of meeting
68(1) 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 be in the form following or to the like effect:
NOTICE FOR NOMINATION FOR ELECTIONS
Village of ____________________________ . Municipal Elections 19 __________ .
Public notice is hereby given that a meeting of the electors of the village of _____________ will be held at (description of place) on (day of week) the ___________________ dayof __________ , 19 _______ , from one o’clock to two o’clock in the afternoon (mountain standard time) for the purpose of nominating candidates for election to the council of the said village.
Given under my hand and seal at ____________ this ____________ day of _________ 19 _________ .
..________________________________ . .. Returning Officer.
(2) Every such notice shall be posted in at least three widely separated conspicuous places in the village and in case there is a post office in the village a copy of the said notice shall be conspicuously posted therein.
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(3) If there is a newspaper published in the village such notice shall he inserted in one issue thereof at least seven clear days prior to the date fixed for the nomination meeting.
1928, c.37, s.68; R.S.S. 1930, c.105, s.68.
PROCEEDINGS AT NOMINATION MEETINGS
Proceedings at nomination meetings
69 At the time and place named in the notice the returning officer shall declare the meeting open for the purpose of receiving nominations of persons to serve as councillors for the village and the meeting shall remain open from one until two o’clock in the afternoon (mountain standard time) when if the number of persons nominated to serve as councillors does not exceed the number required to be elected the returning officer shall declare the persons so nominated duly elected.
1928, c.37, s.69; R.S.S. 1930, c.105, s.69.
Form of nomination paper
70 Every nomination shall be in writing in the form following and shall be signed by at least two electors of the village:
NOMINATION PAPER
We, the undersigned electors of the village of ____________________________ , hereby nominate, (name, residence and occupation of the person nominated) as a candidate at the election now about to be held of councillors for the said village.
Witness our hands this ______________ day of __________ 19 __________ .
__________________________________
__________________________________Signatures of Electors.
1928, c.37, s.70; R.S.S. 1930, c.105, s.70.
Candidate’s acceptance
71(1) Every such nomination to be valid shall also acceptance be accompanied by a written statement signed by the person nominated to the effect that he is eligible for election and that he will accept office if elected.
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Form of acceptance
(2) An acceptance of offic e shall be in the following acceptance form:
CANDIDATE’S ACCEPTANCE
I, the said _____________ named in the foregoing nomination, hereby state:
1. That I am of the full age of twenty-one years;
2. That I am an elector residing in the village of ______________ ;
3. That all taxes due by me as shown by the assessment roll of the said village are paid;
4. That I am not disqualified by reason of the non payment of taxes under subsection (2) of section 30 of The Village Act, nor am I otherwise disqualified;
5. That I am a British subject;
6. That I will accept the office if elected.
Signed in the presence of _______________________________
Signature of Candidate.________________________________
Signature of Witness.
(3) Any person signing the candidate’s acceptance who therein makes any false statement, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $50 and costs; and, in case the person so con victed has been elected a member of the council, his seat shall forthwith become vacant.
1928, c.37, s.71; R.S.S. 1930, c.105, s.71.
Declaration of poll
72 In the event of more than the required number of persons being nominated the returning officer shall declare of that a poll will be held and shall name the time (which shall be on the same day of the week as the nomination but in the next week following) and the place where the votes are to be polled and also the time and place at which the result of the polling will be declared.
1928, c.37, s.72; R.S.S. 1930, c.105, s.72.
Withdrawal of candidate
73 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.
1928, c.37, s.73; R.S.S. 1930, c.105, s.73.
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Abandonment of poll
74 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 the polling shall not take place but the returning officer shall forthwith declare the persons nominated to be elected and post up a notice in the following form:
NOTICE
Village of _______________________ . Municipal Elections 19 __________ .
Whereas _____________________________ , nominated for the office of councillor has withdrawn his candidature for the said office, leaving ___________________________the only candidates for election to the council of the said village I hereby give notice that no voting for the said office will take place on the __________________________day of (date of polling).
Given under my hand _____________ this ___________ day of _________ 19 ______ .
___________________________________Returning Officer.
1928, c.37, s.74; R.S.S. 1930, c.105, s.74.
TIME AND NOTICE OF POLL
Time of poll
75 Whenever a poll is required to be taken for the election of councillors it shall be held on the same day of the week as the nomination for the said election but in the next week following and every such poll shall be open from the hour of ten o’clock in the forenoon to four o’clock in the afternoon (mountain standard time):
Provided that in the village of North Regina the poll shall be open from the hour of ten o’clock in the forenoon to eight o’clock in the afternoon (mountain standard time).
1928, c.37, s.75; R.S.S. 1930, c.105, s.75.
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Notice of poll
76 Notice of every such poll required to be taken shall without any unreasonable delay after the nomination be posted up by the returning officer in the manner provided by section 68, and every such notice shall be in the form following:
NOTICE OF POLL
Village of _________________________ . Municipal Elections 19 _____________ .
Public notice is hereby given that a poll has been granted for the election of councillors for the said village for the year 19 __________ and the polling will take place on (day of week) the __________ day of _________ 19 __________ from ten o’clock in the forenoon to four o’clock in the afternoon (mountain standard time) at (specify polling place) 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 results of the election.
Given under my hand __________ this __________ day of __________ 19 _________.
___________________________________Returning Officer.
1928, c.37, s.76; R.S.S. 1930, c.105, s.76.
PREPARATIONS FOR POLL.
Polling place
77 In the case of the first election held in every village the returning officer shall, if a poll is to be taken, secure a suitable polling place which place shall be within the village.
1928, c.37, s.77; R.S.S. 1930, c.105, s.77.
Poll clerk
78 If so authorised by the council the returning officer may appoint a poll clerk who in the absence of the returning officer for any cause shall have all the powers of the said returning officer.
1928, c.37, s.78; R.S.S. 1930, c.105, s.78.
Ballot box
79 The returning officer shall procure a suitable ballot box to be made of some dry durable material and such 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.
1928, c.37, s.79; R.S.S. 1930, c.105, s.79.
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Ballot papers
80 The returning officer shall also cause to be printed or prepared a supply of ballot papers sufficient for the purposes of the election.
1928, c.37, s.80; R.S.S. 1930, c.105, s.80.
Ballot papers either written or printed
81 The ballot papers shall be either printed or written or partly printed and partly written.
1928, c.37, s.81; R.S.S. 1930, c.105, s.81.
Form of ballot papers
82 The ballot papers shall contain the names of the candidates duly nominated arranged alphabetically in the order of their surnames and shall be in the following form:
Village of ____________________ .
Councillors
Black, William
Foster, Henry
Smith, Mary
1928, c.37, s.82; R.S.S. 1930, c.105, s.82.
Directions for guidance of voters
83(1) The returning officer shall before the opening of the poll cause to be prepared such number of printed or written directions for the guidance of voters in voting as he may deem sufficient.
(2) Such directions shall 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 returning officer signed on the back and leaving the compartment will without showing the front of the ballot paper to any person deliver such ballot so folded to the returning officer and forthwith quit the polling place.
If the voter inadvertently spoils the ballot paper he may return it to the returning officer who will give him another ballot paper.
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If the voter votes for more or less candidates 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 liable on summary conviction to imprisonment for any term not exceeding six months with or without hard labour.
1928, c.37, s.83; R.S.S. 1930, c.105, s.83.
PROCEEDINGS AT POLL
Presence of returning officer
84 On the day fixed for the taking of the poll the returning officer shall be present at the polling booth at least fifteen minutes before the time fixed for opening the poll.
1928, c.37, s.84; R.S.S. 1930, c.105, s.84.
Voting compartments
85 The polling booth shall be furnished with a com partments which may be arranged by hanging a screen in which the voters can mark their ballot papers without being seen and it shall be the duty of the returning officer to see that such compartment is provided.
1928, c.37,s.85; R.S.S. 1930, c.105, s.85.
Posting up of directions
86 The returning officer shall before the opening 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 83.
1928, c.37, s.86; R.S.S. 1930, c.105, s.86.
Secretary treasurer delivers last revised voters’ list to returning officer
87 The secretary treasurer shall prior to every election deliver to the returning officer the last revised voters’ list of the village and furnish him with at least two copies of section 133 and it shall be the duty of the returning officer to post the same in conspicuous places at the polling places and to see that they are kept so posted up during the hours of polling.
1928, c. 37, s. 87; R.S.S. 1930, c.105, s.87.
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Poll book
88 The returning officer shall also keep or of there be a poll clerk require such poll clerk to keep a poll book in which shall be entered the record of the poll and such poll book shall be in the following form:
POLL BOOK
For the village of _______________ . Record of Election held this ________________ day of __________ 19 _________ for the election of councillors.
1928, s.37, s.88; R.S.S. 1930, c.105, s.88.
Agents of candidates
89 Any person producing to the returning officer written authority from a candidate to represent him as agent at the polling place shall be recognised as such by the returning officer but not more than two agents of any candidate shall be entitled to be present at the same time in any polling place during the voting or counting of votes.
1928, c.37, s.89; R.S.S. 1930, c.105, s.89.
Persons entitled to be present in polling booth
90 The persons entitled to be present at any one time in any polling booth during the hours of polling shall be be present the returning officer, the poll clerk and the candidates and not more than two agents of each such candidate and one voter.
1928, c.37, s.90; R.S.S. 1930, c.105, s.90.
Opening of poll
91 At the time fixed for the opening of the poll the returning officer shall declare the poll open and announce that he is prepared to receive votes for the candidates nominated.
1928, c.37, s.91; R.S.S. 1930, c.105, s.91.
Name ofvoter
His No.on
voters’list
VotedSworn orrefusedto swear
Remarks
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Who may vote
92(1) The persons entitled to vote for councillors shall be the electors of the village.
(2) Every voter shall be entitled to vote once only for the full number of persons to be elected and any ballot paper containing votes for more or less than such number shall be rejected.
1928, c.37, s.92; R.S.S. 1930, c.105, s.92 .
Chief resident officer voting by
93(1) The chief resident officer of a corporation, for example, the manager of a bank, the operator of a grain by elevator, or the managing director of a company who is not otherwise a voter in the village may have his name entered on the voters’ list and may vote in respect of the property of the corporation which he represents.
(2) The secretary treasurer may before entering the name of any such officer on the voters’ list require him to make and subscribe the following statement in the form of a statutory declaration:
I am the chief resident officer of the (naming the cor poration) and as such desire to have my name entered on the voters’ list for the village of _______________ in respect of the property of said corporation situated therein.
(3) Such officer on tendering his vote may be required by the returning officer or by any elector present in the polling booth to make, before his vote is recorded, the fol lowing oath or affirmation or any part thereof:
That you are the chief resident officer of the (naming the corporation);
That you are according to law entitled to vote as chief resident officer of the said corporation;
That the said corporation is the corporation named (or intended to be named) in the voters’ list (showing the voters’ list to voter);
That you have not nor, to the best of your knowledge and belief, has the said corporation directly or indirectly received any reward or gift for the vote which you now tender, nor do you or, to the best of your knowledge and belief, the said corporation expect to receive any;
That you have not nor, to the best of your knowledge and belief has the said corporation received anything or been promised anything directly or indirectly either to induce you to vote on this bylaw or for loss of time, travel ling expenses, hire of team or any other service connected therewith;
And that you have not nor, to the best of your know ledge and belief, has the said corporation directly or in directly paid or promised anything to any person either to induce him to vote or to refrain from voting.
(4) No inquiry shall be made of any voter except with respect to the facts specified in the oath or affirmation.
1928, c.37, s.93; R.S.S. 1930, c.105, s.93.
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First election
94(1) In the case of every election held prior to the completion of the first revised voters’ list of the village every person, other than the chief officer of a corporation, who presents himself for the purpose of voting shall be required before he is handed a ballot paper to sign a declaration in the form following and the 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.
DECLARATION OF ELECTORS
Declaration of electors
Made this _________ day of _________ 19 _________ .
The undersigned severally declare each for himself:
1. That he is of the full age of twenty-one years;
2. That for a period of two months immediately prior to this election he has been the owner or occupant of assessable property in the village, a description of which is set opposite his name.
Name Property Voted on
or
1. That she (or he) is the wife (or husband) of ___________________ is of the full age of twenty-one years and is actually residing with him (or her) in the village of _________________ , and that she (or he) has so resided for two months immediately prior to this election;
2. That during the whole of the said two months the said ______________ has been the owner or occupant of assessable property in the said village, a description of which is set opposite his (or her) name.
Name Property Voted on
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Affirmation of chief resident officer
(2) The chief resident officer of a corporation shall before his vote is recorded make an affirmation in the following form:
1. That he is the chief resident officer of the (naming the corporation);
2. That he is according to law entitled to vote as chief resident officer of the said corporation.
Penalty for false statement
(3) Any person, subscribing to any of the above declarations, who thereby makes a false statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $20.
1928, c.37, s.94; R.S.S. 1930, c.105, s.94.
Elections subsequent to the completion of voters’ list
95(1) In the case of every election held subsequently to the completion of the first revised voters’ list of the village the returning officer shall satisfy himself that the name of every person who presents himself for the purpose of voting or a name apparently intended for such person is on the said list; and the returning officer or poll clerk shall record in the poll book the name of each such person.
(2) The returning officer shall not permit any person to vote whose name does not appear on the said list.
1928, c.37, s.95; R.S.S. 1930, c.105, s.95.
Name of elector omitted
96 Notwithstanding anything hereinbefore contained, where the name of a person otherwise qualified to be an elector, or of the resident wife or husband of such a person, or of the resident wife or husband of an elector, has been omitted from the voters’ list, he or she may obtain from the secretary treasurer a certificate that his or her name has been omitted from the voters’ list and that he or she is entitled to vote, and may present the certificate to the returning officer, and the returning officer shall thereupon enter the name of such person with other voters in the poll bcok and shall allow such person to vote.
1928-29, c.33, s.3; R.S.S. 1930, c.105, s.96.
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Oath of voter
97 Before a ballot paper or papers is handed by the 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 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 voters’ list now shown to you (showing the voters’ list to the voter); that you are of the full age of twenty-one years; that you have not voted before at this election; that you have not directly or in directly 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.
1928, c.37, s.96; R.S.S. 1930, c.105, s.97.
Oath noted
98 If the voter takes the said oath the 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.
1928, c.37, s.97; R.S.S. 1930, c.105, s.98.
Refusal to swear
99 Whenever a voter is required to take the said oath and he refuses to do so the returning officer or poll clerk shall enter opposite the name of such person in the proper column of the poll book the words “refused to swear” and such person shall not be allowed to vote but shall be 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.
1928, c.37, s.98; R.S.S. 1930, c.105, s.99.
Ballot paper initialed
100 When the proper entries respecting a person who presents himself to vote have been made in the poll book in the manner hereinbefore provided the returning officer shall in the presence of the candidate or his agent if present sign his initials on the back of the ballot paper to which such person is entitled and hand the same to him.
1928, c.37, s.99; R.S.S. 1930, c.105, s.100.
Omission to initial
101 Every returning officer who refuses or wilfully omits to sign his initials upon the back of any ballot paper as provided for by section 100 shall forfeit to any person 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.
1928, c.37,. s.100; R.S.S. 1930, c.105, s.101.
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Explanation of method of voting
102 The returning officer may and upon request shall either personally or through his poll clerk explain to the of voter as concisely as possible the proper method of voting.
1928, c.37, s.101; R.S.S. 1930, c.105, s.102.
Inability, etc., to mark ballot
103 In the case of a voter who is incapacitated by blindness or other physical cause from marking his ballot paper the 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 candidates directed by such person and shall cause the ballot paper to be deposited in the ballot box.
1928, c.37, s.102; R.S.S. 1930, c.105, s.103.
Penalty for plural voting
104 Any person who votes oftener than he is entitled to do under the provisions of this Act shall incur a penalty plural of $50.
1928, c.37, s.103; R.S.S. 1930, c.105, s.104.
Evidence of voting
105 The receipt by any voter of a ballot paper within the polling booth shall be prima facie evidence that he has there and then voted.
1928, c.37, s.104; R.S.S. 1930, c.105, s.105.
Marking of ballot paper
106(1) Upon receiving a ballot paper prepared as aforesaid the voter shall forthwith proceed into the com partment provided for the purpose and shall then and there mark his ballot paper in the manner mentioned in the directions contained in section 83 by 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 contains 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 names of the candidates for whom he has or has not marked his ballot paper deliver the ballot paper so folded to the returning officer who shall without unfolding the same or in any way 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 in the polling place; and the voter shall forthwith leave the polling place.
Entry in poll book
(2) Whenever the ballot paper of a voter has been deposited in the ballot box as provided by subsection (1) the returning officer or poll clerk shall enter in the poll book in the proper column after the voter’s name the word “voted.”
1928, c.37, s.105; R.S.S. 1930, c.105, s.106.
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Secrecy of votes
107 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.
1928, c.37, s.106; R.S.S. 1930, c.105, s.107.
Ballot received but not used
108 No person who has received a ballot paper 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 returning 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.
1928, c.37, s.107; R.S.S. 1930, c.105, s.108.
Ballots spoiled before voting
109 A person claiming to be entitled to vote who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may on delivering to the returning officer the ballot paper so inadvertently 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 shall preserve the same.
1928, c.37, s.108; R.S.S. 1930, c.105, s.109.
PROCEEDINGS AT CLOSE OF POLL
Close of poll
110 Immediately at the hour of four o’clock in the afternoon (mountain standard time) and in the case of the village of North Regina at the hour of eight o’clock in the afternoon (mountain standard time) the 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 permitted to do so but no other voter shall be allowed to enter the polling booth for this purpose.
1928, c.37, s.109; R.S.S. 1930, c.105, s.110.
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Procedure on close of poll
111 Immediately after the close of the poll the returning officer shall in the presence of the poll clerk, if any, 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 ballot paper which is not initialed as herein provided or on which more or less than the required number of votes 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 thereby be identified shall not be counted but shall he set aside as rejected;
2. The returning officer shall take notice of any objection made by a candidate or his agent or any elector 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 returning officer shall then count up the 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:
(a) the date of election;
(b) the number of persons who voted;
(c) the number of votes for each candidate;
(d) the number of rejected ballot papers;
4. Upon the completion of the written statement it shall be signed by the returning officer, the poll clerk, if any, and such of the candidates or their agents as are present and desire to sign such statement;
5. The returning officer upon being requested so to do shall deliver to each of the persons authorised to attend at the polling place a certificate of the number of votes given for each candidate and of the number of rejected ballot papers;
6. The 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;
(b) the ballot papers rejected;
(c) the unused and cancelled ballot papers;
7. The returning officer shall then place all the said packets in the ballot box which shall be sealed with his seal and with the seals of such candidates or agents of candidates as desire to affix their seals.
1928, c.37, s.110; R.S.S. 1930, c.105, s.111.
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Statement by returning officer
112 Before leaving the polling booth the returning by 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, _________________________________ , returning officer, 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 ___________ .
_________________________________ _______________________________Witness. Returning Officer.
1928, c.37, s.111; R.S.S. 1930, c.105, s.112.
Declaration of election
113 At twelve o’clock noon on the day and at the place previously appointed by him for the purpose the returning officer shall publicly declare to be elected the candidate or candidates having the highest number of votes and he shall also publicly declare the number of votes polled for each candidate.
1928, c.37, s.112; R.S.S. 1930, c.105, s.113.
Returning officer gives casting vote
114 In case it appears upon the casting up of the votes as aforesaid that two or more candidates have an equal number of votes the returning officer shall at the time when he declares the result of the poll give a casting vote so as to decide the election and except in such case no returning officer shall vote at any election.
1928, c.37, s.113; R.S.S. 1930, c.105, s.114.
Return by returning officer to secretary treasurer
115 Forthwith after the election the returning officer shall transmit to the secretary treasurer of the village the sealed ballot box and poll book used in the election and thereafter the said secretary treasurer shall be responsible for their safe keeping and for their delivery when needed.
1928, c.37, s.114; R.S.S. 1930, c.105, s.115.
Destruction of ballots
116 The secretary treasurer shall unless otherwise ordered by the judge retain for one month the said ballot box with its seals unbroken and shall then unless otherwise ordered as aforesaid cause the ballot box to be opened and the packets therein to be destroyed in the presence of two witnesses.
1928, c.37, s.115; R.S.S. 1930, c.105, s.116.
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Inspection
117 No person shall be allowed to inspect any ballot papers in the custody of the secretary treasurer of a village except under order of the judge to be granted by him upon satisfactory evidence on oath that the inspection or produc tion of the ballot papers is required for the purpose of maintaining a prosecution for an offence in relation thereto or for the purpose of taking proceedings under The Con troverted Municipal Elections Act to contest an election or return; and any order for the inspection or production of ballot papers shall be obeyed by the said secretary treasurer.
1928, c.37, s.116; R.S.S. 1930, c.105, s.117.
Order for inspection
118 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 thinks expedient.
1928, c.37, s.117; R.S.S. 1930, c.105, s.118.
RECOUNT
Recount may be ordered
119 If at any time within fourteen days from the time of the returning officer’s declaration as aforesaid it is on the affidavit of a credible person made to appear to the judge that any returning officer in counting the votes given at any election has improperly counted or rejected any ballot papers the judge may appoint a time to recount the votes; and he shall 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 secretary treasurer of the village whose duty it shall be to be present at the recount with the sealed ballot box and poll book used at the election.
1928, c.37, s.118; R.S.S. 1930, c.105, s.119.
Deposit of security
120 At the time of the application for a recount the applicant shall deposit with the clerk of the district court the sum of $25 as security for the payment of costs and expenses and the said sum shall not be paid out by the clerk without an order of the judge.
1928, c.37, s.119; R.S.S. 1930, c.105, s.120.
Persons entitled to be present at recount
121 The judge, the clerk of the court, the secretary treasurer of the village 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.
1928, c.37, s.120; R.S.S. 1930, c.105, s.121.
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Procedure on recount
122 At the time and place appointed and in the presence of those notified or entitled to attend as provided by section 121 the judge shall proceed to recount all the ballot papers received by the returning officer as having been given in the election complained of and he shall proceed with such recount as follows:
1. He shall examine singly and in the presence of those entitled to be present all ballot papers counted or rejected by the returning officer, as the case may be, and during the course of such examination shall keep a tally or count of votes cast for each candidate and he shall reject as void and shall not count:
(a) any ballot paper which is not initialed as herein provided;
(b) any ballot paper on which more or less than the proper number of votes are given;
(c) any ballot paper on which anything except the initials of the returning officer on the back is written or marked by which the voter can be identified;
(d) any ballot paper which has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified;
but except as hereinbefore otherwise provided, no word or mark written or made or omitted to be written or made by the returning officer on a ballot paper shall affect the vote;
2. 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;
3. When the ballot papers have all been so examined and counted the judge shall forthwith sum up and an nounce the number of votes which he has allowed for each candidate and he shall there and then declare elected the candidate or candidates to the required number having the highest number of votes;
4. 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;
5. The judge shall then make and transmit forthwith to the secretary treasurer of the village a written statement of the result of the recount and every such written statement shall show:
(a) the names of the candidates;
(b) the number of votes allowed for each candidate;
(c) the number of ballot papers rejected;
(d) the names of the candidates declared elected.1928, c.37, s.121; R.S.S. 1930, c.105, s.122.
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Quo warranto proceedings preserved
123 Nothing in section 122 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.
1928, c.37, s.122; R.S.S. 1930, c.105, s.123.
Costs
124(1) 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 determine, 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.
(2) 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.
1928, c.37, s.123; R.S.S. 1930, c.105, s.124.
Execution
125 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.
1928, c.37, s.124; R.S.S. 1930, c.105, s.125.
GENERAL PROVISIONS
Printed documents to bear name of printer
126 Every printed or other advertisement, handbill, placard, poster, dodger, circular or circular letter having reference to an election shall bear upon its face the name and address of its printer or of its printer and publisher; and any person printing, publishing, distributing or posting up, or causing to be printed, published, distributed or posted up, any such document unless it bears upon its face such name and address, shall be guilty of an offence and liable on summary conviction to a penalty of not less than $25 nor more than $200.
1928, c.37, s.125; R.S.S. 1930, c.105, s.126.
Secrecy of votes in legal proceedings
127 No person who has voted at an election shall in any legal proceedings to question the election or return or otherwise relating thereto be required to state for whom he has voted.
1928, c.37, s.126; R.S.S. 1930, c.105, s.127.
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Candidate may act for or assist his agent
128 A candidate may himself undertake the duties which any agent of his might have undertaken or he may assist his agent in the performance of such duties and may be present at any place at which his agent is by this Act authorised to attend.
1928, c.37, s.127; R.S.S. 1930, c.105, s.128.
Nonattendance of agents
129 When in this Act expressions are used requiring or authorising any Act or thing to be done or implying that any act or thing is to 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.
1928, c.37, s.128; R.S.S. 1930, c.105, s.129.
Errors not affecting results
130 No election shall be declared invalid by reason of a noncompliance with the provisions of this Act as to the holding of the poll 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 irregularity if it appears to the tribunal having cognisance of the question that the election was conducted in accordance with the principles laid down in this Act and that such noncompliance, mistake or irregularity did not affect the result of the election.
1928, c.37, s.129; R.S.S. 1930, c.105, s.130.
Election expenses
131 All reasonable expenses incurred at any election under this Act shall be paid out of the funds of the village upon the production of proper accounts verified in such manner as the council may direct.
1928, c.37, s.130; R.S.S. 1930, c.105, s.131.
Contesting elections
132 All proceedings for contesting in any way an election or the voting on any bylaw under this Act shall be taken under the provisions of The Controverted Municipal Elections Act.
1928, c.37, s.131; R.S.S. 1930, c.105, s.132.
Offences
133(1) No person shall:
(a) without due authority supply any ballot paper to any person; or
(b) fraudulently put into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or
(c) fraudulently take out of the polling place any ballot paper; or
(d) without due authority destroy, open or other wise interfere with any ballot box or packet of ballot papers then in use for the purpose of an election; or
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(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 in cluding 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
(f) having voted once apply again at the same election for a ballot paper in his own name or advise or abet, counsel or procure any other person so to do.
(2) No person shall attempt to commit any offence specified in this section.
Penalty
(3) A person guilty of any violation of this section shall be liable if he is the 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.
1928, c.37, s.132; R.S.S. 1930, c.105, s.133.
Secrecy of voting
134(1) 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) No officer, clerk or agent and 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 candidates for whom any voter at such polling place is about to vote or has voted.
(3) 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 at such counting as to the candidate or candidates for whom any vote is given.
(4) 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.
(5) 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.
1928, c.37, s.133; R.S.S. 1930, c.105, s.134.
Penalties for officials
135 Every returning officer or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of sections 57 to 134 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.
1928, c.37, s.134; R.S.S. 1930, c.105, s.135.
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List of voters furnished to town clerk in certain cases
136 Where a portion of a village is comprised within a town school district the secretary treasurer of the village shall, on or before the fifteenth day of November in each year, furnish the city clerk or the town clerk, as the case may be, with a list of the persons qualified to vote in such portion, certified to be correct and distinguishing between public and separate school supporters.
1928, c.37, s.135; R.S.S. 1930, c.105, s.136.
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PART IV
Municipal Officers
APPOINTMENT
Secretary treasurer and assessor
137 The council shall at its first meeting after the erection of the village or so soon thereafter as practicable, appoint a secretary treasurer and an assessor who may be the secretary treasurer.
1928, c.37, s.136; R.S.S. 1930, c.105, s.137.
Other officials
138 Every council may also appoint from time to time such other officers as it deems necessary or expedient for the purpose of carrying into effect the provisions of this Act or any bylaw of the village and may fix the re muneration of any such officer.
1928, c.37, s.137; R.S.S. 1930, c.105, s.138.
Councillor not eligible
139 A councillor is not eligible to be appointed to any municipal office.1928, c.37, s.138; R.S.S. 1930, c.105, s.139.
Appointments not made by tender
140 The council shall not make any appointment to office or any arrangement for the discharge of the duties of any municipal office by tender or by application at the lowest remuneration.
1928, c.37, s.139; R.S.S. 1930, c.105, s.140.
Tenure of office
141 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.
1928, c.37, s.140; R.S.S. 1930, c.105, s.141.
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SECURITY
Security by officials
142 In addition to defining the duties of any officer the council may require him to give such security as the council 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 overseer and shall be laid by him before the council.
1928, c.37, s.141; R.S.S. 1930, c.105, s.142.
Security by secretary treasurer
143(1) The secretary treasurer 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, within the province for the integrity and faithful accounting of public officers or servants or persons occupying positions of trust and such security shall be for such an amount as the council deems exped ient and shall be renewed at the beginning of each year or changed at other times whenever renewal or change is required by the council.
Council liable for default
(2) The members of any council failing to take such security shall be jointly and severally liable for any default default of the secretary treasurer to the extent of the sum or 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 councillor shall be relieved from all personal liability in case of the default of such officer.
(3) The bond and the application therefor shall be in such form as may be prescribed by the minister and no bond or application in any other form shall be accepted. Acopy of the bond and application shall be forwarded to the minister by the sceretary treasurer.
1928, c.37, s.142; R.S.S. 1930, c.105, s.143.
Liability of offiers, servants, etc.
144 Every officer, servant or agent of the village shall be personally liable for any damage arising from his acts or default or from his refusal or neglect to discharge any of the duties imposed upon him by law or by this Act or by the bylaws of the council in addition to any penalties otherwise imposed for the said acts or defaults.
1928, c.37, s.143; R.S.S. 1930, c.105, s.144.
SECRETARY TREASURER
Duties
145 It shall be the duty of the secretary treasurer:
1. To keep a full and correct record of the proceedings of every meeting of the council in the minute book pro vided for 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 overseer or other presiding officer;
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2. To enter in the minutes of every meeting the names of the members of the council present at such meeting;
3. To transcribe into a special book to be provided for the purpose a true and correct copy of every bylaw passed by the council which copy may be either written or printed or partly written and partly printed and to prepare a proper index for such bylaws;
4. To take charge of and keep on record all books, papers, accounts, voters’ lists, assessment rolls, plans, maps and correspondence committed to his charge by the council during his term of office and to deliver the same to his successor or such other person as the council may direct on his ceasing to hold office;
5. To prepare and transmit to the minister such state ments and reports and such other information in regard to the village as may from time to time be required by the minister and in such form as he may direct;
6. To receive and safely keep all moneys belonging to the village from whatever source derived;
7. To deposit daily or as often as the council may direct in some chartered bank designated by the council all moneys received by him;
8. To submit all accounts and charges against the village which he receives for the consideration of the council;
9. To pay all accounts against the village only when they have been passed by the council and certified by the overseer or other presiding officer;
10. To make all payments on behalf of the village by cheque on the chartered bank in which all the moneys of the village are deposited; and every such cheque in addition to being signed by the secretary treasurer shall be countersigned by the overseer;
11. To give and take receipts for all the moneys of the village received and disbursed and to keep on file all vouchers of expenditure;
12. To keep in a cash book 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 village;
13. To submit to the council at each of its regular meet ings or whenever required so to do by the council a balance sheet showing the financial standing of the village;
14. To produce when called for by council, auditor, inspector, or other competent authority all books, vouchers, papers and moneys belonging to the village and to hand over the same to his successor or such person as the council may direct on his ceasing to hold office.
1928, c.37, s.144; R.S.S. 1930, c.105, s.145.
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Financial year
146 The financial year of the village shall commence on the first day of January and close on the thirty-first day of December in each year.
1928, c.37, s.145; R.S.S. 1930, c.105, s.146.
Receipts for taxes
147(1) All receipts for taxes and for other moneys receivable by a village shall be in such form as may be prescribed by the minister and shall bear a facsimile of the signature of the Deputy Minister of Municipal Affairs printed or engraved thereon, and shall also bear the name of the person or firm printing same with the words “approved by the Department of Municipal Affairs.”
(2) No person or firm shall print, publish or sell blank receipts intended for use by a village in any other form than that prescribed by the minister.
(3) No person or firm shall print, publish or sell blank receipts in the form prescribed by the minister without having first received the written authority of the minister so to do.
(4) Any person or firm printing, publishing or selling blank receipts intendedfor use by a village, contrary to the provisions of this Act, shall be guilty of an offence and liable on summary conviction to a penalty of not less than $10 nor more than $100.
(5) Any secretary treasurer issuing a receipt for moneys paid to him for thevillage in any form other than that prescribed by the minister shall be guilty of an offence and liable on summary conviction to a penalty of not less than $25 nor more than $100.
1928, c.37, s.146; R.S.S. 1930, c.105, s.147.
AUDITOR
Appointment
148(1) The council shall before the first day of November in each year 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 treasurer or who has directly or indirectly any share or interest in any contract made by the village or who is employed by the village in any capacity except that of auditor shall be appointed; the council may appoint any incorporated company or partner ship as auditor.
(2) The auditor shall audit and report upon all books and accounts affecting the village or relating to any matter under its control or within its jurisdiction; he shall stamp or write the word ‘’Audited” in indelible letters upon every account, voucher, receipt and paid debenture examined by him and shall initial the same.
(3) Upon completion of the annual audit, the auditor shall issue a certificate in such form as the minister shall prescribe.
(4) The auditor shall forthwith notify the minister and all the councillors of any negligence, irregularity or dis crepancy which he finds in the books or accounts of the village.
1928, c.37, s.147; R.S.S. 1930, c.105, s.148.
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Abstracts of receipts and expenditures by auditor
149(1) On or before the fifteenth day of November in each year the secretary treasurer shall prepare in such form as the minister may direct an abstract of the receipts and expenditures of the village for the ten months ending on the preceding thirty-first day of October.
(2) The secretary treasurer on or before the first day of December of each year shall mail a copy of such abstract to the minister.
(3) On or before the first day of March in each year the auditor shall prepare in such form as the minister may direct an abstract of the revenue, expenditure, assets and liabilities of the village for the financial year ending on the thirty first day of December of the preceding year, includ ing a statement showing the actual debenture indebtedness of the village and the debentures authorised but unsold; he shall make a special report respecting any expenditures made contrary to law; he shall deliver the said abstract and report to the overseer who shall lay the same before the council at its next meeting; and the council shall on or before the first day of April in each year cause the said abstract and report or a synopsis thereof to be published in some newspaper published in the village, or if there is no newspaper published therein in the newspaper the place of publication of which is nearest thereto, and shall cause a copy of such abstract and report to be forwarded to the minister.
(4) A copy of such abstract and report shall be kept in the office of the secretary treasurer and shall be at all reasonable hours accessible to the electors, and any elector may by himself or his agent and at his own expense take a copy thereof or abstract therefrom.
1928, c.37, s.148; R.S.S. 1930, c.105, s.149.
Notice of tax arrears
150 The auditor shall send, by post prepaid, to every person named in the tax roll whose taxes appear to be in arrear, a notice in form to be prescribed by the minister, setting forth the amount of the unpaid taxes shown in the roll against each parcel of land standing in the name of such person. If the land has been sold for taxes at any time during the two preceding years, the notice shall also contain a statement showing the amount required to redeem it.
1928, c.37, s.149; R.S.S. 1930, c.105, s.150.
Auditor’s oath of office
151 The declaration of office to be made and sub scribed by every auditor shall be as follows:
I, A.B., having been appointed to the office of auditor for the village of _____________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 in directly any share or interest whatever in any contract or employment (except that of auditor) with, by or on behalf of the village.
Made before me at ___________________this ________ day of ________ 19 ______._____________________________________
A Com., N.P., or J.P.
1928, c.37, s.150; R.S.S. 1930, c.105, s.151.
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PENALTY FOR DEFAULT
Offences and penalty
152 Any secretary treasurer or other officer of a village who:
(a) refuses, neglects or fails to discharge the duties of his office; or
(b) knowingly signs any false statement, report or return required by this Act or any law in force in the province; or
(c) 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 village in his possession;
shall, in addition to any civil liability which he may incur, be guilty of an offence and liable to a penalty not exceeding $50.
1928, c.37, s.151; R.S.S. 1930, c.105, s.152.
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PART V
Bylaws and General Powers and Duties of Councils
Power to pass bylaws
153(1) Subject to the provisions of any Act not herein particularly mentioned, dealing with the special subject matter, or any regulations thereunder, it shall be the duty of the council of every village and every council shall have power to pass such bylaws as it may deem expedient for all or any of the following purposes:
Public health
1. Providing for the health of the village and the prevention of the spread of communicable diseases and ap propriating annually for the work of the board of health such sum as may be necessary;
Nuisance grounds
2. Regulating nuisance grounds for the village and making provision for the removal and disposal of night soil, garbage and refuse by scavengers, for imposing a general rate to meet the expense of scavenging and making the same a charge upon all the lands within the municipality, or a special rate charged upon the lands in respect of which the service is performed; and in either case making the charge recoverable in the same manner in all respects as any other municipal taxes on land are recoverable;
Privies
3. Preventing and controlling the construction of privy vaults and providing for keeping the same in a proper state of cleanliness;
Cemetery and burial of dead
4. Purchasing, maintaining and controlling a cemetery within or without the village, and preventing or regulating the burial of the dead within the village;
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Hospitals
5. Granting aid for the erection and maintenance of hospitals or for uniting with the councils of other munici palities in the construction and maintenance of an hospital deemed by all the councils concerned to be of benefit to their respective municipalities and entering into an agree ment as to the joint control and management thereof in accordance with The Union Hospital Act, the sum granted for maintenance not to exceed two mills on the dollar upon the total value of the assessable property within the village according to the last revised assessment roll:
Provided that for the purposes of this paragraph the word “municipalities” shall mean and include towns, villages and rural municipalities;
Large health districts
6. Uniting with the councils of other municipalities, or with the councils of other municipalities and the Govern ment of Saskatchewan, in the organisation of health districts consisting of a number of municipalities, or combining with the councils of other municipalities in the maintenance of a medical and sanitary staff for the service of their com bined areas; and, in either case, contributing such share of the expense as may be agreed upon or as may be fixed by order of the Lieutenant Governor in Council;
Aid to needy person
7. Granting aid or relief to any needy person who is a resident of the village;
Remission of taxes
8. Remitting all or a part of the taxes, including arrears, upon land used for agricultural purposes, within the village limits other than rates imposed to meet instalments of principal and interest upon debentures, and refunding pro portionately taxes upon such land already paid:
Provided that no such remission shall be made in res pect of land which is subdivided into lots or blocks accord ing to a registered plan or which does not exceed five acres in extent;
Grant to Canadian Red Cross Society
9. Granting sums of money to the Canadian Red Cross Society, provided that the total so granted in any year shall not exceed one thousand dollars;
Aid to war memorial
10. Granting aid for the erection of memorials to soldiers who fell in the war, provided that the amount so granted shall not exceed $300;
Trees
11. Providing for planting and protecting trees on highways and public places;
Hedges at street intersection
12. Prohibiting the planting of hedges at street intersections, requiring the removal of hedges already planted, or limiting the height of hedges at such intersections, whether planted before or after the date of the passing the bylaw;
Light weight
13. Establishing and regulating public markets and imposing penalties for light weight and short measurements and restraining or preventing selling on the streets;
Dogs
14. Restraining and regulating the running at large of dogs and imposing a tax on the owners, possessors or har bourers of dogs and killing dogs running at large;
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Hawkers and pedlers
15. Classifying, licensing, regulating and governing transient traders, hawkers and pedlers; but a village license shall not be granted in the case of hawkers and pedlers unless the applicant is the holder of a provincial license for hawkers and pedlers;
Licensing other trades
16. Licensing, regulating and governing persons, other than those mentioned in paragraph 15, who buy or sell, or buy and sell, goods by retail within the village and who are not assessable for the purposes of business taxation in respect of such business;
Licensing shows, etc.
17. Regulating and licensing waxworks, menageries, circuses, shows, theatres, and moving picture theatres, re quiring the payment of license fees by exhibitors thereof not exceeding $50 per day, and imposing fines on persons for infringing such bylaws to the amount of $25 and costs over and above the amount of the license fee. Such fine and costs and fee may be levied by distress and sale of the goods of the showman, or the goods belonging to or used in connection with the show or exhibition whether owned by the showman or not, and in addition the offender may be imprisoned for a period not exceeding one month:
Provided that a license shall not be granted to any person for a menagerie, circus, wild west show, trained animal show or other travelling show until such person pro duces a license from the Provincial Secretary authorising the exhibition in Saskatchewan;
Licensing other places of public amusement
18. Licensing, regulating and governing places of public amusement other than those mentioned in paragraph 17;
Billboards
19. Preventing and controlling throughout the village or in any specified part thereof, the erection and use of bill boards, signboards or other advertising devices of any kind, whether the notices be printed or otherwise displayed; re quiring a license from the council or a village official de signated for the purpose as a condition of erecting or con tinuing the use of any signboard, billboard or other adver tising device, and authorising the removal and destruction of signboards or billboards or other advertising devices erected or maintained without such license;
Billposters
20. Regulating and licensing bill posters and preventing the pulling down and defacing of signboards and billboards or printed or other notices lawfully affixed, and preventing the defacing of private or other property by printed or other notices;
Removal of dirt, etc., from roads
21. Compelling the removal of dirt, stones, filth, dust or rubbish off the roads, lanes or other public places within the village by the party depositing the same and the placing of the same where ordered by the council;
Incumbering the streets
22. Preventing the incumbrance or obstructing of roads, streets, sidewalks and other places by vehicles or other articles or things;
Building sidewalks
23. Building and repairing sidewalks;
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Controlling use of sidewalks
24. Preventing the leading, riding or driving of cattle or horses on sidewalks, and controlling or preventing the riding of bicycles on sidewalks;
Regulating use of bridges and highways
25. Regulating the driving and riding of horses and bridges and other animals on highways and public bridges and pre venting racing, immoderate or dangerous driving or riding on the highways and public bridges and making provision for the carrying out of any provincial law respecting the same;
Traction engines
26. Making provision for regulating the use of highways, bridges and culverts within the village by portable engines or traction engines;
Vehicles on sidewalks
27. Controlling or preventing the driving of traction engines or automobiles, or the driving or riding of other vehicles, on the sidewalks of the village;
Speed of motor vehicles
28. Subject to the provisions of The Vehicles Act, regulat ing the speed of motor vehicles within the village, or making provision for carrying out any provincial law respecting the same;
Regulation of traffic
29. Providing for the erection of signs for the direction and regulation of traffic and controlling and regulating the parking of automobiles and other vehicles on the streets of the village;
Weight of vehicles
30. Restricting the weight of vehicles, or of vehicles with their loads, using the streets or any particular streets of the village;
Aid to agricultural societies, etc.
31. Granting aid to agricultural societies, boards of trade and school and domestic exhibitions;
School fees
32. Agreeing with any school district conducting high school classes to contribute to such district a sum in con sideration of which the board shall not charge fees to pupils from the village attending such classes;
Same
33. Paying the fees of any pupil from the village in respect of his attendance at the high school classes of any district conducting such classes;
Census
34. Taking the census of the village;
Constable and license inspector
35. Appointing a village constable and license inspector and regulating and defining their duties and fixing their remuneration;
Wells
36. Regulating and controlling the use of wells and other sources of supply of water for the village and fixing rates to be paid for same and preventing the putting of anything prejudicial to health in any stream or any body of water from which water is taken for use within the village;
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Erection of buildings, etc.
37. Respecting the erection, classification, alteration, repair, demolition or removal of buildings within the village or any part thereof, and in particular for:
(a) regulating the quality and strength of wood, brick, stone, hollow tile, cement and concrete, and the size and strength of columns, piers, studding, beams, joists, girders, floors, rafters, roofs and their supports in all buildings;
(b) regulating the size and construction of chimneys and flues, the construction of hearths and fire places, the installation of furnaces, hot air and steam pipes, ovens, boilers, electric wiring and ap paratus, and removing at the expense of the owner any of them constructed or installed in contraven tion of the bylaw;
(c) regulating the size, structure, number and position of doors in churches, halls or other places of public meeting or places of amusement and also the size and structure of stairs and stair railings in all such buildings and the method of lighting any of them;
(d) subject to the provisions of The Factories Act, compelling the owners and occupants of buildings more than two storeys in height, except private dwellings, to provide proper fire escapes therefor in such places and of such pattern and mode of construction as may he deemed proper; and pro hibiting the occupation of any such building unless or until such fire escapes are provided;
(e) preventing the erection of wooden buildings or ad ditions thereto and wooden fences in specified parts of the village; prohibiting the erection or placing of buildings or additions to them other than with main walls of brick, iron, concrete, stone or other incombustible material, and roof of in combustible or slow-burning material, within de fined areas of the village;
(f) regulating the maximum height of walls and build ings according to the class of construction;
Removal of buildings
38. Authorising the pulling down or removal, at the expense of the owner, of any building or erection construc ted, altered, repaired or placed in contravention of any by law;
Prevention and extinguishment of fires
39. Generally establishing such measures as the safety and welfare of the village may require for the prevention and extinguishment of fires, and in particular for:
(a) regulating the storage of inflammable liquids in and about buildings;
(b) regulating the storage of gunpowder and other combustible, explosive or dangerous materials within the village;
(c) regulating the installation of stoves and stove pipes or other apparatus or things which may be dan gerous in causing or promoting fires, and enforcing the proper cleaning of chimneys, flues and stove pipes;
(d) requiring buildings and yards to be kept in a safe condition to guard against fire or other dangerous risk or accident and regulating the removal and safe keeping of ashes;
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(e) regulating the conduct and enforcing the assistance of persons present, for the preservation of prop erty at fires; pulling down or demolishing buildings or other erections when deemed necessary to pre vent the spread of fire; and providing compensation for loss or damage sustained by reason of said pulling down or demolition;
Provided that in all cases where a building is pulled down or demolished by the order of any one acting under the authority of the council, the council shall compensate the owner for the amount of insurance to which the owner would have been entitled had the building been burned;
Presenting obstructions in aisles, etc.
40. Preventing the obstruction of the halls, aisles, pas sage-ways, alleys or approaches in or to any church, hall or other place of public meeting during the occupation of the same for a public assemblage;
Assize of bread
41. Subject to the provision of The Bread Sales Act, fixing the quality and weight of bread offered for sale or sold within the village and making and enforcing regulations for the sanitary conditions of bread, bakehouses and bakeries;
Wrapping bread
42. Requiring bakers and other persons offering bread for sale to wrap the same in paper, and forbidding such persons to expose, offer for sale or sell, bread which is not so wrapped;
Regulating food products
43. Regulating the sale of any articles used for food or drink and providing for the inspection of the same and for seizure or forfeiture of such articles as should not be offered or exposed for sale;
Slaughter houses within villages
44. Preventing the erection and use of slaughter houses within the limits of the village and compelling the removal of any slaughter house therefrom;
Slaughter houses, dairies, etc., outside village
45. Inspecting and regulating slaughter houses, dairies and other places either within or outside the area of the village from or through which food is brought for sale within the village and framing and enforcing building and sanitary regulations for the said slaughter houses and dairies;
Pool tables and bowling alleys, etc.
46. Licensing, regulating and governing all persons who keep or have in their possession or on their premises any billiard, pool or bagatelle table, bowling alley or shooting gallery in a place of public entertainment whether such table, bowling alley or shooting gallery be used or not and fixing the sum to be paid for a license for each such table, bowling alley or shooting gallery and the time such license shall be in force;
Livery, feed and sale stables
47. Controlling, regulating and licensing motor liveries, livery, feed and sale stables and all persons who carry on within the village the business of conveying passengers by cabs, carriages, omnibuses, automobiles, or other vehicles, for hire or profit; but a license shall not be granted in the case of motor liveries unless the applicant is the holder of a provincial license as a liveryman, as required by The Vehicles Act;
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Carriers and draymen
48. Licensing carriers, draymen and all persons performing work with horses, mules or motor trucks within the village for hire and regulating the same and fixing a schedule of fees to be charged by them;
Licensing owners of cows and dairies
49. Licensing the owners of cows the milk from which is offered for sale within the village, and all persons operating depots or dairies at which such milk is treated, bott led or otherwise handled in bulk;
Fire arms
50. Prohibiting the discharging of fire arms or explosives in the village;
Town planning
51. Carrying out the provisions of The Town Planning Act;
Supplying light to the village
52. Building, erecting, buying or leasing, controlling and operating any plant for the purpose of supplying light or power or both for the village and acquiring land either within or without the village for all purposes connected with the operation of such plant;
Supplying light and power from outside the village
53. Constructing a line outside as well as inside the village with the necessary pipes, wires or rods and poles for conducting electricity for the production of light or power or both from a source outside the village into the village, and for this purpose the village shall possess all the powers and be subject to all the restrictions conferred and imposed upon cities and towns by The Municipal Public Works Act;
Employment office
54. Establishing and regulating a municipal employment office; subject to the provisions of The Employment Agencies Act;
Entering into contract for light
55. Authorising the overseer and secretary treasurer to sign an exclusive contract with any person to supply light or power or both for the village for a period not exceeding ten years, provided that the bylaw shall set out the pro posed contract in full, shall be submitted to the electors, and approved by at least two-thirds of those voting thereon; and such vote shall be taken as nearly as may be in the manner provided herein for a vote of the burgesses on a bylaw for raising money by way of debenture;
Special franchise
56. Granting to any gas syndicate or company any special franchise, whether exclusive or not, provided that the bylaw shall be submitted to the electors and approved in the same manner as the bylaw mentioned in paragraph 55;
Telephone exchange
57. Granting aid towards the maintenance of a telephone exchange in the village;
Horse dealers
58. Licensing persons carrying on business as sellers of horses or mules within the village, or bringing horses or mules within the village for the purpose of selling or offer ing the same for sale, and regulating such business;
Disorderly conduct
59. Preventing disorderly conduct in the streets, lanes and other public places within the village;
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Civic holidays
60. Authorising the overseer to declare any day of the week except Sunday to be a civic holiday;
Herding of cattle
61. Prohibiting the herding of cattle within the village or defining the areas within which and the conditions under which cattle may he herded in the village;
Fire equipment
62. Providing protection from fire by the purchase, main tenance and operation of engines and equipment;
Fire walls
63. Erecting fire walls and acquiring the land necessary for the same;
Public park
64. Acquiring land within or without the village for a public park, and maintaining, regulating and governing the same;
Rats
65. Granting a bonus to be fixed by the council for each rat tail brought to the secretary or some other official to be chosen by the council.
(2) The granting or refusing of a license to any person under paragraph 18 or 46 of the preceding subsection or the revoking of a license under either of those paragraphs shall be in the discretion of the council, and it shall not be bound to give any reason for such refusal, or revocation, and its action shall not be open to question or review by any court.
1928, c.37, s.152; 1928-29, c.33, s.4; 1930, c.33, s.6; R.S.S. 1930, c.105, s.153.
Bylaw for closing of shops
154(1) The council may by bylaw require that during the whole or any part of the year any class of shops within the village shall be closed and remain closed on each or any day of the week, during any time between six o’clock in the afternoon and five o’clock in the morning of the next following day or may require that any class of shops shall be closed and remain closed during any time between one o’clock in the afternoon and five o’clock in the morning of the next following day upon any one day of the week.
(2) No such bylaw shall be passed unless upon petition and unless the council is satisfied that such petition is signed by not less than three-fourths in number of the occupiers of shops throughout the village belonging to the class to which such petition relates.
(3) No bylaw passed under this section shall be repealed unless it appears to the council that more than one-half in number of the occupants of shops affected thereby are opposed to its continuance, in which case the council may repeal the bylaw.
(4) No shopkeeper shall be liable to fine, penalty or punishment under any such bylaw for supplying medicines, drugs or medicinal appliances after the hour appointed for closing.
(5) Nothing in such bylaw contained shall render the occupier of any premises liable to fine, penalty or punish ment for supplying any article required for immediate use by reason of an emergency arising from sickness or death.
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(6) “Shop” means any building or portion of a building, booth, stall or place where goods are exposed or offered for sale by retail, and barbers’ shops; but not where the only trade or business carried on is that of hotel, inn, victualling house or refreshment house.
(7) “Closed” means not open for the serving of cus tomers.
1928, c.37, s.153; R.S.S. 1930, c.105, s.154.
Council may do omitted work
155 When the council has authority to direct by bylaw that any matter or thing shall be done by any person the council may also direct by the same or another bylaw that in default of its being done by such person such matter or thing shall be done at the expense of the person in default and the village may recover the expense thereof with costs by action in any court of competent jurisdiction or in like manner as municipal taxes.
1928, c.37, s.154; R.S.S. 1930, c.105, s.155.
Licenses not to exclude taxes
156 The imposing or collecting of license fees shall in no case be held to prevent the assessment of any land held or used by the license holders or the collection of any taxes lawfully imposed thereon.
1928, c.37, s.155; R.S.S. 1930, c.105, s.156.
Curfew bell
157(1) On presentation of a duly certified petition representing not less than one-half of the resident ratepayers of the village, the council shall have power to pass a bylaw for regulating:
(a) the time after which children shall not be in the streets at nightfall without proper guardianship; and
(b) the age or apparent age under which boys and girls respectively, shall be required to be in their homes at the hour appointed.
(2) In the event of such bylaw being passed, the council shall cause a bell or bells to be rung at or near the time appointed as a warning, to be called the “curfew bell,” after which the children so required to be in their homes or off the streets shall not be upon the public streets except under proper control or guardianship or for some unavoid able cause.
(3) The council may by such bylaw provide that:
(a) any child so found after the time appointed shall be liable to be warned by any constable or peace officer to go home, and if after such warning the child is found loitering on the streets, he or she may he taken by such constable to his or her home; and
(b) any parent or guardian shall be liable to a penalty, which may be fixed by the council, for permitting his child to habitually break said bylaw, after having been warned in writing.
1928, c.37, s.156; R.S.S. 1930, c.105, s.157.
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NOXIOUS WEEDS
Council may appoint inspectors under The Noxious Weeds Act158(1) It shall be the duty of the council and it shall have power to appoint before the first day of March in each year such inspector or inspectors as are required to carry out and enforce the provisions of The Noxious Weeds Act within the village and to clearly define the territory of each such inspector so that every part of the village shall be covered; and every inspector shall hold office until his successor or successors are appointed and shall have all power and shall perform all duties of an inspector appointed in accordance with the provisions of the said Act and shall be paid such remuneration as the council may fix.
(2) It shall be the duty of the secretary treasurer to notify the Field Crops Commissioner at the Department of Agriculture forthwith of the appointment of such inspector or inspectors and of their location and post office address and of the territory assigned to each.
(3) Where an inspector destroys noxious weeds upon land in a village pursuant to the provisions of The Noxious Weeds Act, the council may charge the owners of such lands a sum to be fixed by the council, not exceeding $1 for each lot on which weeds are destroyed.
1928, c.37, s.157; R.S.S. 1930, c.105, s.158.
RESTRAINING ANIMALS RUNNING AT LARGE
Restraining animals running at large
159 The council may at any time make provision by bylaw for restraining and regulating the running at large or trespassing of any animals, for distraining and impounding them, for determining the compensation to be allowed for carrying out the provisions of the bylaw and for ser vices rendered in respect to and sustenance supplied for animals distrained or impounded; for appointing pound-keepers and providing sufficient yards, buildings and inclosures for the safe keeping of such animals as it may be the duty of the poundkeeper to impound; for appraising the damages to be paid by the owners of the animals im pounded for trespassing and subject to the provisions of this Act for providing for the sale of animals impounded in case they are not claimed within a reasonable time or in the case the damages, costs and expenses are not paid.
1928, c.37, s.158; R.S.S. 1930, c.105, s.159.
Penalty for improper impounding
160 If any poundkeeper impounds or assists or incites or employs any person to impound any animal in any village unless such animal was an estray or was trespassing upon the poundkeeper’s own property he shall in addition to any civil liability which he may incur by reason thereof be guilty of an offence and liable on summary conviction to a penalty not exceeding $100.
1928, c.37, s.159; R.S.S. 1930, c.105, s.160.
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Notice given by poundkeeper where owner known
161(1) If the owner of any impounded animal is known to the poundkeeper, the poundkeeper shall forthwith deliver or cause to be delivered to or at the place of residence of such owner a notice in the following form:
To (name of owner or, if the owner is not known, the King’s Printer).
Notice is hereby given under section 161 of The Village Act that (description of animal impounded) was impounded in the pound kept by the undersigned on the (description of place where pound is located) on the ________________________ day of ______________, 19 _________ .
____________________________________Signature of poundkeeper.
Where owner unknown
(2) In case such owner is not known or such owner or person notified shall not within ten days after the mailing or delivery of such notice appear at the pound and release the animal so impounded by the payment of the lawful fees and claims for damages the poundkeeper shall cause to be inserted in two consecutive issues of a newspaper, if any, published in the village a notice in the form of this section and shall forward to the King’s Printer for publication in The Saskatchewan Gazette a copy of such notice accompanied by a fee of two dollars for each animal impounded:
Provided that the fees payable to the King’s Printer in connection with each impoundment shall not exceed $5.
1928, c.37, s.160; R.S.S. 1930, c.105, s.161.
Copies of all notices posted at pound
162 Every poundkeeper shall without charge in addi tion to any copies of any notice which he may be required under this Act to post or deliver post a copy of every such notice in a conspicuous place at his pound and in the nearest post office and shall use reasonable diligence to keep and maintain such notice at his pound during the whole of such time such notice may refer to.
1928, c.37, s.161; R.S.S. 1930, c.105, s.162.
Impounded animals may be sold
163(1) When any animal has not been released from the pound within twenty days after the notice has been published as provided for in section 161 the said animal shall be sold by public auction after notice of such sale has been posted for eight days in three conspicuous places within the village, one of which shall be the post office nearest the pound and at such sale the poundkeeper shall be the auctioneer.
(2) Such sale shall be held at the pound or at such other place as may be designated by bylaw of the village and shall commence at the hour of two o’clock in the afternoon.
1928, c.37, s.162; R.S.S. 1930, c.105, s.163.
Poundkeeper not to have any interest in sale
164 The poundkeeper shall not either in person or by his agent purchase any animal at such sale or have any interest of any kind in any animal so purchased.
1928, c.37, s.163; R.S.S. 1930, c.105, s.164.
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When animals shall not be sold
165(1) If more animals than one are impounded on any distress and the owner thereof is known the poundkeeper shall not sell any more of such animals after he has realised from the sales sufficient to satisfy the claims for damages, expenses and fees chargeable against the animals and the owner of the animals shall be entitled to those remaining unsold.
When animals shall be sold
(2) If the owner of the animals is unknown the pound keeper shall sell all the animals impounded.
Particulars of sale to secretary treasurer
(3) The poundkeeper shall immediately after such sale send to the secretary treasurer a description of the animal sold, the date of sale, the amount realised and the disposition thereof.
1928, c.37, s.164; R.S.S. 1930, c.105, s.165.
Poundkeeper need not be licensed as auctioneer
166 No poundkeeper making a sale under the provisions of this Act shall be liable to a penalty for selling without a license as an auctioneer.
1928, c.37, s.165; R.S.S. 1930, c.105, s.166.
Disposal of proceeds of sale
167(1) The proceeds of the sale of any impounded animal sold under the provisions of this Act shall be applicable in payment:
(a) of any costs and charges attending such sale;
(b) of all sustenance fees;
(c) to the person impounding such animal the amount due to him for impounding charges and for dam age done; and the residue, if any, shall be paid to the owner of such animal or if not claimed at the time of sale by any person entitled thereto to the secretary treasurer of the village.
(2) If impounded animals, advertised for sale as re quired by section 163, fail to sell or if the proceeds of sale are less than an amount equal to the costs of sale, the fees authorised by this Act and the damages claimed by the impounder, such costs, fees and damages, or the deficiency may be collected by distress from the owner, if known.
1928, c.37, s.166; R.S.S. 1930, c.105, s.167.
Owner’s claim to net proceeds
168 Any money paid to the secretary treasurer under the provisions of section 167 shall be paid over to the owner of the animal sold on evidence satisfactory to the council being furnished and application therefor being made to the council within twelve months from the date of the sale; otherwise such money shall form part of the general revenue of the village.
1928, c.37, s.167; R.S.S. 1930, c.105, s.168.
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TESTING CATTLE FOR TUBERCULOSIS
Cattle tuberculois test
169 The council may bylaws for:
(a) appointing an inspector to inspect and subject to the tuberculin test all dairy cows the milk from which is offered for sale within the village, and empowering such inspector to make such orders as may be required for effectually carrying out the provisions of this section;
(b) providing for the collection, detention or isolation of such animals for the purpose of making the test; branding and quarantining infected animals, compelling the owners to separate such animals from their herds, and to remove them from the village; preventing the sale of milk from animals which have been quarantined or found to be in fected and slaughtering animals kept in the village in disobedience to an order for their removal
(c) requiring persons who know that an animal is affected with tuberculosis or has reacted to the tuberculin, test to report the same to the inspector.
1928, c.37, s.168; R.S.S. 1930, c.105, s.169.
PROCEDURE AS TO BYLAWS
Bylaws signed and have three distinct readings before passing
170 Every bylaw under this Act shall be under the seal of the village and shall be signed by the overseer and countersigned by the secretary treasurer and every bylaw shall have three distinct and separate readings before it is finally passed; but not more than two readings shall be had at any one meeting of the council except by the unanimous vote of the members present thereat.
1928, c.37, s.169; R.S.S. 1930, c.105, s.170.
Evidence of passing
171 A copy of any bylaw written or printed and under the seal of the village and certified to be a true copy by the overseer or secretary treasurer shall be received as prima facie evidence of its due passing and of the contents thereof without further proof in any court unless it is specially pleaded or alleged that the seal or the signature of the overseer or secretary treasurer has been forged.
1928, c.37, s.170; R.S.S. 1930, c.105, s.171.
Petition for submission of bylaws
172 When one-third of the electors resident in the village petition the council for the submission to the elec tors of a bylaw on any question concerning a matter within the legislative jurisdiction of the council, the same shall be granted and a bylaw introduced by the council within four weeks after the presentation of the petition, which bylaw shall be submitted to the electors in the same manner as a bylaw for raising money by way of debentures, and, if ap proved by a majority of the electors voting thereon, shall be finally passed by the council within four weeks after such vote.
1928, c.37, s.171; R.S.S. 1930, c.105, s.172.
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Validation of bylaws
173 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 the passing thereof.
1928, c.37, s.172; R.S.S. 1930, c.105, s.173.
INFRACTION OF BYLAWS
Penalty and fine by bylaw
174(1) The council of every village may pass bylaws for inflicting reasonable fines and penalties not exceed ing $100 exclusive of costs for breach of any of the bylaws of the village and for reasonable punishment by imprison ment 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 cost of com mittal are sooner paid.
(2) Two copies of every such bylaw, passed under the provisions of this Act, shall be transmitted to the minister and no such bylaw shall have any force or effect until one of said copies is returned to the secretary treasurer ap proved by the minister. Every such bylaw shall be under the seal of the village and shall be certified as correct by the overseer and secretary treasurer.
(3) Any penalty or fine under any bylaw of a village shall if no other provision be made respecting it belong to the village for the public use of the same and form part of the general revenue of the village.
1928, c.37, s.173; R.S.S. 1930, c.105, s.174.
Cost of conveyance to gaol and maintenance
175 In the event of any person being committed to gaol by reason of a breach of a village bylaw there shall be chargeable to such village such part of the expenses paid by the province for the transport of such person to gaol and for his maintenance while there as may be designated by the Lieutenant Governor in Council.
1928, c.37, s.174; R.S.S. 1930, c.105, s.175.
QUASHING BYLAWS AND RESOLUTIONS
Motion to quash
176(1) Any elector of the village may within two months after the passing of any bylaw or resolution of the council apply to the judge 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 village and may determine the scale of such costs.
(2) Notice of the motion shall be served at least seven clear days before the day on which the motion is made.
(3) The bylaw or resolution may be proved by the pro duction of a copy thereof certified under the hand of the secretary treasurer and the seal of the village; and the secretary treasurer shall deliver such copy upon payment of a fee therefor at the rate of ten cents per folio.
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(4) Before any such motion is made the applicant or in ease 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 sureties entering into proper affidavits of justification and thereupon the same shall be filed in the district court with the other papers relating to the motion.
(6) In lieu of the recognisance mentioned in subsections (4) and (5) the applicant may pay into court the sum of $100 as security for any costs which may be awarded against him and the certificate of such payment into court having been made shall be filed in the district court with the other papers relating to the motion.
(7) Upon the determination of the proceedings the judge may order the money so paid into court to be applied in the payment of costs to he paid out to the applicant in the discretion of the judge according to the result of the application.
(8) All moneys required to be paid into or out of court under this section shall be paid in and paid out in like manner as moneys are paid into and out of court in actions pending in the said court.
1928, c.37, s.175; R.S.S. 1930, c.105, s.176.
Bylaws procured by bribery and corruption
177 Any bylaw which has been procured to be passed through or by means of any violation of the provisions of this Act or The Controverted Municipal Elections Act may be quashed upon an application in conformity with the pro visions herein or therein contained.
1928, c.37, s.176; R.S.S. 1930, c.105, s.177.
POWERS AND DUTIES OF COUNCILS
Powers and duties of council
178 In addition to all other duties and powers conferred on councils by this Act the council of every village shall have power:
Acquisition of land
1. To purchase, lease or otherwise acquire by agreement with the owners, or to enter upon, take, use and acquire for the use of the village without the consent of the owners so much real property within or without the village as may be required for a water supply, public park, recreation grounds, exhibition grounds, nuisance grounds or a cemetery or for the purpose of erecting thereon a municipal building, skating or curling rinks, or for any other public purpose whatever, making due compensation for the property taken to the parties entitled thereto:
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Provided that in any one year no expenditure of more than $300 shall he incurred under the provisions of this paragraph until a bylaw shall have been submitted to the vote of the electors and passed by a vote of at least two -thirds of those voting thereon; and such vote shall be taken as nearly as may be in the manner provided herein for a vote of the electors of the village on a bylaw for raising money by way of debentures;
Erect buildings
2. To erect, furnish, maintain and repair such buildings as may be necessary for any of the purposes mentioned in paragraph 1 or as may be beneficial to the village, subject to the proviso to paragraph 1;
Weigh scales
3. To establish and maintain or to assist in establishing and maintaining public scales for weighing or measuring anything sold by weight or measurement within the village;
Accept property
4. To accept and take charge of landed property within the village dedicated for a public park or place for exhibitions;
Roads
5. To lay out, construct, repair and maintain roads, lanes, bridges, culverts, sidewalks and any other necessary public work in the interests and for the use of the village;
Drains
6. To construct through lands lying within or without the village such drains as may be expedient to secure the proper drainage of the village and to prevent the obstruc tion of the same;
Water supply
7. Subject to the provisions of The Public Health Act to make provision for the supply of water for the village or any portion thereof;
Ferries
8. To instal and operate within or without the village any ferry if licensed to do so under the provisions of The Highways Act;
Unite with other municipalities
9. To unite with the councils of other municipalities for the construction and maintenance of any public work or the performance of any matter or thing deemed by all the councils concerned to be of benefit to their respective munic ipalities and to enter into an agreement as to the joint control and management of anything that concerns their respective municipalities;
Exemptions from taxation
10. To exempt in its discretion from the payment of municipal taxes wholly or in part any indigent person or persons residing within the village;
Expropriations
11. To purchase, lease, or otherwise acquire by agreement with the owners, or to enter upon and take and use and acquire so much real property as may be required for any highway, road, street, alley, byway, bridge, ferry or other public work in the village without the consent of the owners of such real property making due compensation therefor to the parties entitled thereto;
Fire protection
12. To make provision for protection from fire;
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Disposal of lands
13. To dispose of lands owned by the village when no longer required for its purposes;
Delegates’ expenses
14. To provide for payment of the expenses of one or more delegates to the annual convention of the organisation known as the Union of Saskatchewan Municipalities;
Health officials’ expenses
15. To provide for payment of the expenses of the medical health officer or sanitary officer, or both, to the annual convention of the Saskatchewan Health Officials’ Association;
Instruction of officers
16. To procure instruction for one or more municipal of officers in their duties.1928, c.37, s.177, 1928-29, c.33, s.5; R.S.S. 1930, c.105, s.178.
DECLARING AND ABATING NUISANCE
Council may declare nuisances
179(1) The council may by resolution or by bylaw declare any building, structure or erection of any kind whatsoever, or any drain, ditch, watercourse, pond, surface water or any other matter or thing in or upon any private land, street or road or in or about any building or structure, a nuisance and dangerous to the public safety or health, and by such bylaw or resolution as may be directed therein order that the same shall be removed, pulled down, filled up or otherwise dealt with by the owner, agent, lessee or occupant thereof, as the council may determine and within such time after the service of the order as may be therein named.
(2) At or near the locality of the nuisance so declared, a placard shall be posted giving the order provided for herein, and, subject to the provisions of subsections (3) and (4), the order shall be served personally upon the owner, agent, lessee or occupant of the premises.
(3) Where the nuisance so declared is a building, struc ture or erection, publication of the order in two successive issues of a newspaper published in the village, or, where there is no such paper, in a newspaper circulating therein, shall be good and sufficient service upon the owner, agent, lessee or occupant of the premises.
(4) Where the nuisance is not a building, structure or erection, publication of the order in one issue of a news paper published in the village, or, where there is no such paper, in a newspaper circulating therein, shall be good and sufficient service upon the owner, agent, lessee or occupant of the premises.
1928, c.37, s.177a; R.S.S. 1930, c.105, s.179.
No sale at price less than actual value
180 No village shall have the power to lease, sell or otherwise convey or dispose of a site for industrial or com mercial purposes at a price less thall the fair actual value of the interest so conveyed or disposed of.
1928. c.37, s.178; R.S.S. 1930, c.105, s.180.
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No bonusing
181 No village shall have power to bonus in any manner, exempt from taxation beyond the current year, subscribe for stock in, or guarantee the payment of any bonds or debentures issued by any industrial or commercial undertaking, or any railway company.
1928, c.37, s.179; R.S.S. 1930, c.105, s.181.
Compromising taxes on subdivisions
182(1) In case:
(a) any part of the area of the village has been subdivided in accordance with a registered plan and assessed in lots or blocks according to such sub division;
(b) the taxes upon the subdivision or any portion thereof remain unpaid after the expiration of the year for which such taxes were imposed; and
(c) it appears to the council that the subdivision or the portion upon which the taxes are in arrears is not required for building purposes and will not be developed in the immediate future;
the council may, subject to the approval of the Local Government Board, compromise the claim of the munici pality for the taxes in arrears, and remit so much thereof as it may deem expedient.
(2) Save as provided in subsection (3) nothing herein contained shall apply to land which has been sold under The Arrears of Taxes Act, or affect the rights or interests of purchasers or others in such lands.
(3) Where land mentioned in subsection (1) has been sold under The Arrears of Taxes Act and the municipality has become the purchaser thereof, the council may exercise the powers given by the said subsection, as in other cases.
1928, c.37, s.180; R.S.S. 1930, c.105, s.182.
Expropriation
183 The provisions of The Rural Municipality Act with regard to expropriation and arbitration shall apply mutatis mutandis, so far as applicable and not inconsistent with this Act, to villages.
1928, c.37, s.181; R.S.S. 1930, c.105, s.183.
Cases not covered by section 182
184 In any case not covered by section 182 where there are arrears of taxes payable to the village and the council deems it expedient to compromise the claim therefor, it may do so with the consent of the minister.
1928, c.37, s.182; R.S.S. 1930, c.105, s.184.
Compromise of school taxes
185 The council and the board of trustees of any school district wholly or partly situated within the limits of the village may, with the consent of the minister, agree upon a compromise of the claim of the district for school taxes in respect of which the village is in arrears and the village shall thereupon be released from any liability to the district for such taxes beyond the sum which may have been so agreed on.
1928, c.37, s.183; R.S.S. 1930, c.105, s.185.
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FUEL YARDS
Power to borrow
186 The council shall have power, subject to the approval of the Lieutenant Governor in Council and within the limitations and restrictions and under the conditions set forth in any order in council in that behalf, to borrow from any bank or other corporation or person such sums of money as may be necessary for the purpose of purchasing coal, wood or other fuel.
1928, c.37, s.184; R.S.S. 1930, c.105, s.186.
Power to operate yard
187 The council may temporarily operate fuel yards by purchasing supplies of such fuel and selling and disposing of the same in anticipation of or during a period of such scarcity or failure of supply of fuel or such threatened scarcity or failure of supply thereof as may appear to create an emer gency.
1928, c.37, s.155; R.S.S. 1930, c.105, s.187.
HIGHWAYS AND PUBLIC PLACES
Title to roads, etc., within villages
188 The title to all public roads, highways, streets and lanes in every village is hereby declared to be vested in the Crown 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 village in which it is situated.
1928, c.37, s.186; R.S.S. 1930, c.105, s.188.
Without the village
189 The Lieutenant Governor in Council may direct that any highway, bridge or stream not wholly within the village limits or any part of such highway, bridge or stream shall be subject to the direction, management and control of the council for the public use of the village.
1928, c.37. s.187; R.S.S. 1930, c.105, s.189.
Repair of public works
190 Every council shall keep in repair all sidewalks, bridges, culverts and ferries and the approaches thereto which have been constructed or provided by the village or which if constructed and provided by the province have been trans ferred to the control of the council and in default of the council so to keep the same in repair the village shall be civilly liable for all damage sustained by any person by reason of such default.
1928, c.37, s.188; R.S.S. 1930, c.105, s.190.
Limitation of actions
191 No action shall be brought under the provisions of section 190 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 treasurer of the village within one month after the date upon which such damage was caused.
1928, c.37, s.189; R.S.S. 1930, c.105, s.190.
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CARE OF THE INDIGENT SICK
Liability for hospital expenses of residents for 30 days
192(1) The council of every village shall make due provision for the care and treatment of any indigent person who has been a resident of the village for at least thirty days, who falls ill and requires medical attendance and treatment.
(2) In this section and the following sections the expres sion “indigent person” means a person who is actually destitute of means from his own resources of obtaining necessary medical attendance and treatment.
(3) All provision for medical care and treatment of indigent persons shall be made by means of a written order.
(4) Such written order may be dispensed with in respect of medical service, attendance or medicines given by a medical practitioner at a first visit, if the medical practitioner con cerned certifies that the case was, or that he was informed that the case was, one of sudden and urgent necessity.
(5) A council may delegate its duties under this section to a committee consisting of one or more of its members and may authorise each member of such committee to issue the written orders mentioned in subsection (3).
(6) In the absence of such provision if any such person is, on the request of the council, admitted as a patient by a hospital which receives aid from the general revenue of the province, or in cases of emergency without such request, the board of such hospital may demand from the council a sum not exceeding $2.50 per day for each day’s actual treatment and stay of the patient therein; provided that:
(a) the hospital board has notified the council within fifteen days after the admission of the patient, of the fact of such admission and that the board will claim from the municipality compensation for his care and treatment under this Act;
(b) such demand is made within thirty days after the discharge or death of the patient;
(c) the board, within fifteen days after the admission of the patient, or at as early a date as practicable furnishes the council with the statement mentioned in section 195.
(7) In case a patient has not furnished the board with the correct name of the municipality in which he resides, and the board has in consequence failed to notify the council of that municipality as required by clause (a) of subsection (6) within the time thereby limited, or has failed to furnish the statement mentioned in clause (c) of subsection (6) within that time, the board may give the notice or furnish the state ment at any time within fifteen days after discovering the true residence of the patient.
(8) In this section and in sections 193 to 198 inclusive the word “hospital” includes a Red Cross outpost.
1928, c.37, s.190; 1930, c.33, s.7; R.S.S. 1930, c.105, s.192.
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Residents for less than 30 days
193 In case:
(a) a person, who falls ill and who is financially days incapable of procuring the necessary medical attendance and treatment, has resided for a less period than thirty days in the village in which he so falls ill;
(b) such person is admitted as a patient by a hospital falling within the terms of subsection (6) of sec tion 192, either with or without a request from the council of that village; and
(c) the hospital board has complied with clauses (a), (b) and (c) of the proviso to subsection (6) of section 192;
the hospital board may demand payment for such person’s treatment and stay, at the rate above mentioned, from the council of the city, town, village or rural municipality in which he was last resident for a period of at least thirty days.
1928, c.37, s.191; R.S.S. 1930, c.105, s.193.
Harvesters
194 In case the person mentioned in section 193 has come into the province from an outside point to work as a harvest hand, having paid for his transportation at a special rate allowed to harvest hands, the hospital board may demand payment from the council of the city, town, village or rural municipality in which he last worked for a period of thirty days, or in case there is none such, from the council of the municipality in which he last worked.
1928, c.37, s.192; R.S.S. 1930, c.105, s.194.
Information to be supplied by hospital board
195 It shall be the duty of the board, upon the admission of an indigent person to the hospital, to obtain from such person or from other available sources, if possible, the follow ing information, namely, the name and address of the patient, the name of the municipality in which he resides, the names and addresses of the parties, if any, for whom he worked during the sixty days immediately preceding his admission to the hospital, a brief description of any land of which he may be the owner or occupant, and the means he has of paying the hospital charges for his care and treatment; and to furnish a statement of such information, certified correct, to the secre tary treasurer of the village from which the board expects payment of its account.
1928, c.37, s.193; R.S.S. 1930, c.105, s.195.
Recovery of expenses by village
196(1) Any sum paid by the village to the hospital and any expenses otherwise incurred for medical care and treatment under section 192, may be recovered from the patient or from the husband or wife of the patient, or from the father or mother of the patient where the patient is a child dependent upon such father or mother for support, by action or by distraint by the secretary treasurer of the village, and in the event of the death of the patient the council may recover from his administrators and executors the said sum.
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(2) In case the secretary treasurer distrains under sub section (1) for sums paid by the village as therein mentioned, the procedure upon such distress shall be the same as is prescribed by subsection (7) of section 298 of this Act, and any surplus remaining after payment of the claim of the village and the costs of distress and sale shall be paid over to the owner of the goods and chattels distrained.
1928, c.37, s.194; 1928-29, c.33, s.6; R.S.S. 1930, c.105, s.196.
Expenses a charge on lands
197 The village shall have a charge upon the lands of the patient, or of the husband or wife of the patient, or of the father or mother of the patient where the patient is a child dependent upon such father or mother for support, for expenses incurred under section 192, 193 or 194, and may file a caveat for the protection of such charge in the proper land titles office.
1928, c.37, s.195; 1928-29, c.33, s.7; R.S.S. 1930, c.105, s.197.
Agreement between council and hospital
198 Notwithstanding anything contained in the preceding sections, the council may enter into an agreement with the board of any hospital whereby such board will undertake to care for and treat all such patients of the village for an annual sum and subject to such conditions and restrictions as may be agreed upon.
1928, c.37, s.196; R.S.S. 1930, c.105, s.198.
Statement by Saskatchewan Anti-tuberculosis League
199 On or before the first day of March in each year, the Saskatchewan Anti-tuberculosis League shall mail to the secretary treasurer of the village a notice showing the portion of the net estimated expenditure of the League for the current year to be borne by the village, and giving the additional information mentioned in section 26 of The Tuberculosis Sonatoria and Hospitals Act.
1928-29, c.33, s.8; R.S.S. 1930, c.105, s.199.
Payment by village
200 The council shall pay to the League one-half of the amount shown on the notice mentioned in section 199 on or before the thirtieth day of June and the balance on or before the thirty-first day of December of the current year.
1928-29, c.33, s.8; R.S.S. 1930, c.105, s.200.
Power to make special levy
201 Sums required for the purposes of section 200 may be included in the general municipal levy or may be raised by special levy. In the latter case the tax shall be levied in the same manner as the general municipal rates, and all the provisions of this Act respecting the assessment and collection of taxes, including penalties for non-payment and provisions for enforcing payment of the, same, and the provisions of The Arrears of Taxes Act, shall apply to such tax in the same manner and to the same extent as if it were part of the general municipal levy.
1928-29, c.33, s.8; R.S.S. 1930, c.105, s.201.
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Taxes recoverable
202 All taxes due by the village remaining unpaid to the League after the dates fixed by section 200 for payment of the same, shall be a debt due by the village to the League, bearing interest at the rate of eight per cent per annum from the said dates, and may be recovered, with accrued interest, by suit in the name of the League.
1928-29, c.33, s.8; R.S.S. 1930, c.105, s.202.
BURIAL OF DESTITUTE PERSONS
Council makes provision
203(1) The council shall make provision for the decent burial of the bodies of destitute and friendless persons who have died within the village, or who have died in a hospital while under the care of the municipality, but the amount expended for such purpose in any one case shall not exceed $50.
(2) Should any person die leaving goods within the muni cipality, the expense of burial may be recovered by the secretary treasurer by distraint and sale of the same.
(3) Should any such person die possessed of an interest in land, the village shall have a charge upon the lands for the expense of burial, and may lodge a caveat for the protection of such charge in the proper land titles office.
(4) Should any destitute and friendless person who has been resident in the village for a less period than thirty days die there, the council may recover the burial expenses from the city, town, village or rural municipality, in which the deceased person was last resident for a period of at least thirty days.
1928, c.37, s.199; R.S.S. 1930, c.105, s.203.
PUBLIC ACCOMMODATION
Powers of council to issue licenses, etc.
204(1) The council shall have power:
(a) to license public hotels and other places of public accommodation, and to adopt by bylaw regulations with respect to the licensing and the conducting, management, appointments and inspection of all such places, and to enforce such regulations by means of penalties;
(b) to refund in whole or in part any taxes other than school taxes paid by any licensee of a public hotel;
(c) to provide for the establishment of a public rest and reading room, and to make rules and regula tions for the conduct and maintenance of the same;
(d) to provide sample rooms for the convenience of commercial travellers, and to fix the fees for the use of such rooms;
(e) to make suitable arrangements for the care and maintenance, by the licensee of any public hotel or other place of public accommodation, of any library the council may desire to instal.
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(2) The granting or refusing of a license to any person under subsection (1) or the revocation of a license under that subsection shall be in the discretion of the council, and it shall not be bound to give any reason for such refusal or revocation, and its action shall not be open to question or review by any court.
1928. c.37, s.200; R.S.S. 1930, c.105, s.204.
Council may rent, lease or purchase buildings
205 The council may, subject to the approval of a vote of the electors as in the case of money bylaws, rent, lease, purchase or otherwise acquire any building or land which it desires to use in any way for the purpose of providing public accommodation.
1928, c.37, s.201; R.S.S. 1930, c.105, s.205.
Voting
206 For the purpose of any vote to be taken under section 205, the provisions of this Act with respect to voting on money bylaws, shall, with the necessary modifications, apply.
1928. c.37, s.202; R.S.S. 1930, c.105, s.206.
Powers of council after securing authority
207 Upon securing authority to acquire property for the purpose of providing public accommodation the council may:
(a) furnish the premises so acquired;
(b) provide for the management of such premises;
(c) do all such other acts and things as may be deemed necessary or advisable to have the said premises conducted and managed stlccessfully and economi-cally as a place of public accommodation.
1928, c.37, s.203; R.S.S. 1930, c.105, s.207.
Provision of funds
208 All moneys required for carrying out the provisions of sections 204, 205 and 207 may be provided from the general revenues of the village or by the issue of debentures or other securities.
1928. c.37, s.204; R.S.S. 1930, c.105, s.208.
Application for license
209 Any person desirous of conducting a public hotel or other place of public accommodation shall make application for a license to the secretary treasurer of the village, and the secretary treasurer shall, at the next sitting of the council after receipt of such application, submit the same to the council for its consideration.
1928, c.37, s.205; R.S.S. 1930, c.105, s.209.
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Form of application
210 Such application shall be in the following form :
PUBLIC ACCOMMODATION
APPLICATION FOR LICENSE
I, _____________________________________ hereby make application for a license to operate a _______________________ in the building occupied by me situate on lot No. _________ block No. ________________ in the village of ____________________ in the Province of Saskatchewan. I am the true owner of the business and I am the owner of (or have a lease of) the premises for which this license is requested and I am of the full age of twenty-one years.
Dated at ___________________this _____________________day of __________ 19 ______and signed in the presence of ________________________________
Signature of Applicant.
______________________________Signature.
In addition to the information contained in the above form, an applicant for a license shall furnish such information as the council may require.
1928, c.37, s.206; R.S.S. 1930, c.105, s.210.
Issue of license, and fee
211(1) The council, if satisfied that the applicant is license, a fit and proper person to conduct a public hotel or other place of public accommodation, and that the premises to be used are necessary and suitable for the purpose, may by resolution instruct the secretary treasurer to issue the license applied for. Such license shall be in the following form:
PUBLIC ACCOMMODATION
LICENSE
The council of the village of _______________________________________ hereby grants to ___________________________ this license to conduct a ________________________ in the premises situate on lots No. ___________ in block No. _____________ in the village of ______________________ which license shall continue in force till the thirty-first day of January 19 ________ , unless other wise suspended or cancelled.
Dated at __________________this ____________________ _________________________________day of _______ 19 _______ . Signature of Secretary Treasurer.
(Seal of Municipality)
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(2) The fee payable in advance for a license for a public hotel shall be such as the council may determine, but it shall not exceed $1.
(3) The provisions of subsection (3) of section 252 shall not apply to such fee.
(4) The fee payable in advance for a license for a board ing house or restaurant shall be such as the council may determine.
1928, c.37, s.207; 1930, c.33, s.8; R.S.S. 1930, c.105, s.211.
Application for renewal of licenses
212 Every annual application for the renewal of a license shall be filed with the secretary treasurer and all such applications shall be dealt with by the council in the manner herein provided for first applications.
1928, c.37, s.208; R.S.S. 1930, c.105, s.212.
Licenses framed and exhibited
213(1) Every person licensed to conduct a public hotel or other place of public accommodation shall cause his license to be framed and continuously exhibited in a conspicu ous public position on the licensed premises.
(2) Any licensee who fails to comply with the provisions of this section shall be liable on summary conviction to a penalty not exceeding $25 and costs.
1928, c.37, s.209; R.S.S. 1930, c.105, s.213.
Sign is exhibited
214(1) Every person licensed to conduct a public hotel shall cause to be placed over the door of the main entrance to the premises a sign on which shall be painted in conspicuous characters the words “Public Hotel.”
(2) Any licensee who fails to comply with the provisions of this section shall be liable on summary conviction to a penalty not exceeding $100 and costs.
1928, c.37, s.210; R.S.S. 1930, c.105, s.214.
Penalty for misrepresentation by unlicensed person
215 Any person not a licensee of a public hotel who causes to be displayed in or on any building or in any manner connected therewith any document or other paper purporting to be a license as herein provided, or any sign intended to cause the public to believe that such building is a public hotel or that the owner or any occupant thereof has been licensed to conduct the same as a public hotel, shall be liable on sum mary conviction to a penalty not exceeding $100 and costs or in default of payment thereof to imprisonment for one month.
1928, c.37, s.211; R.S.S. 1930, c.105, s.215.
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Notice of municipal bylaw
216(1) The secretary treasurer shall, when the council has made provision by bylaw for licensing public hotels or other places of public accommodation, give public notice of the same in such manner as the council may determine.
(2) Within thirty days from the date of publication of such notice every person, who owns, conducts or manages a public hotel or other place of public accommodation required to be licensed, shall apply to the council for a license.
(3) Any person who, after the expiration of sixty days from the date of publication of such notice, owns, conducts or manages a public hotel or other place of public accommoda tion required to be licensed by the council, without having applied for and obtained a license, shall on summary convic tion be liable for a first offence to a penalty not exceeding $25 and costs, and for a second and every subsequent offence to a penalty not exceeding $60 and costs.
1927. c.37, s.212; R.S.S. 1930, c.105, s.216.
Conduct of hotels regulated by council
217 Every public hotel or other place of public accom modation licensed hereunder shall be conducted in accordance with bylaws, rules and regulations enacted by the council in that behalf.
1928, c.37, s.213; R.S.S. 1930, c.105, s.217.
Suspension or cancellation of license by council
218 The council may cancel or suspend for such time as it may deem advisable any license granted for a place of public accommodation, but no such cancellation or suspension shall take place until the licensee has been given a full oppor tunity to be heard regarding any complaint that may have been lodged with the council with respect to the conduct of the licensee or of the premises under his control.
1928, c.37, s.214; R.S.S. 1930, c.105, s.218.
Service and effect of notice of cancellation
219(1) Written notice of every such cancellation or suspension shall be forthwith served personally by the secre tary treasurer on the licensee or some one in his employ, and upon receipt of such notice it shall be the duty of such licensee or employee to forthwith remove the license and the sign referred to in sections 213 and 214.
(2) Any licensee or employee who contravenes the pro visions of this section shall be guilty of an offence and liable on summary conviction, to a penalty not exceeding $100 and costs or in default of payment to imprisonment for fourteen days.
1928, c.37, s.215; R.S.S. 1930, c.105, s.219.
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Assistance in aid of public rest and reading rooms
220(1) For the purpose of aiding in the establishment of a public rest and reading room in any public hotel or other and place of public accommodation in a village and of providing for the care of any library the council may desire to instal in such hotel or place of public accommodation, the following grants or expenditures may be paid to the licensee of such hotel or place of public accommodation by the councils con cerned, namely:
(a) by the council of the village such sums as may be deemed advisable but not exceeding $200 annually:
(b) by the councils of every adjacent rural municipality such sums as may be deemed advisable but not exceeding $20 annually for each division of the municipality.
(2) For the purpose of better carrying out of the pro visions of this section the municipal councils concerned may enter into an agreement with the licensee of any public hotel or other place of public accommodation for the purposes mentioned, and such agreement shall set forth the terms and conditions under which and the times when the grants or payments herein provided for shall be payable to such licensee.
(3) Money payable as a grant under the provisions of this Act shall be exempt from attachment.
1928, c.37, s.216; R.S.S. 1930, c.105, s.220.
Notice displayed in public hotels, etc.
221(1) There shall be displayed in a conspicuous place in the main office or public room of every public hotel or other place of public accommodation, licensed as such under the provisions of this Act, a notice bearing in plain characters that may be easily read the following words: “The keeping or consuming of intoxicating liquors on any part of these premises, other than in a private guest room, is pro hibited by law.”
(2) The proprietor or manager of any such licensed public hotel or other place of public accommodation who fails or neglects to have and to keep the said notice displayed as provided by this section shall be guilty of an offence and liable to a penalty of $50 and in default of payment to imprisonment for thirty days.
1928, c.37, s.217; R.S.S. 1930, c.105, s.221.
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PART VI
Municipal Loans
TEMPORARY
Temporary loans
222(1) The council of every village except as hereinafter provided may from time to time by resolution authorise the overseer and secretary treasurer to borrow, either before or after the passing of the resolution levying the taxes for the current year, from any person, bank or corporation such sums of money as may be required to meet the current expen ditures of the village until such time as the taxes levied, or to be levied, 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 a first charge upon the taxes which are collected for the year in which such loan is made and may be secured by the promis sory note or notes of the overseer and secretary treasurer given under the seal of the village and on behalf of the council.
(2) In any calendar year the total amount of all loans thus made shall not exceed sixty per cent of the total taxes levied, or of the estimated amount of taxes to be levied by the village for such year.
1928, c.37, s.218; R.S.S. 1930, c.105, s.222.
Temporary loan after July 1
223 The council of any village organised subsequently to the first day of July in any year may by resolution authorise the overseer and secretary treasurer to borrow from any person, bank or corporation such sum or sums of money not exceeding $500 as may be required from time to time to meet the current expenditures of the village for the remainder of such year; and every such loan shall be a first charge upon the taxes to be levied for the year next following and may be secured by the promissory note or notes of the overseer and secretary treasurer given under the seal of the village and on behalf of the council.
1928, c.37, s.219; R.S.S. 1930, c.105, s.223.
Loans for school purposes
224(1) In addition, to the powers conferred by sections 222 and 223, the council may authorise the overseer and secretary treasurer to borrow for current expenditure of a school district, situate wholly or partly within the village, to an amount not exceeding eighty per cent of the estimated total of the taxes to be collected for such district in the cur rent year, and the provisions of subsection (1) of section 222 shall, with the necessary changes, apply thereto.
(2) In any case where a village requires to borrow the amounts to be paid to a school district under section 285, the interest on the loan shall be payable up to the thirty-first day of December by the district to the village. After the thirty-first day of December any penalties accruing in respect of unpaid school taxes shall belong to the village.
192S, c.37, s.220;1928-29, c.33. s.9; 1930, c.33, s.9; R.S.S. 1930, c.105, s.224.
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DEBENTURE LOANS
Debenture bylaws
225 Should it appear desirable to the council of any village that a sum of money should be borrowed on the security of the village for the purpose of:
(a) purchasing or constructing any road, highway, bridge, sidewalk, ferry or other public work; or
(b) purchasing or otherwise acquiring any land, right of way, easement or other interest in land for the use of the village; or
(c) draining any portion of the village; or
(d) providing a supply of water or fire protection for the village; or
(e) purchasing and installing a plant for supplying light for the village; or
(f) purchasing, erecting, improving, altering, adding to or furnishing any building for the use of the village; or
(g) assisting in the erection or enlargement of a hos pital either within or without the limits of the village; or
(h) doing two or more of the said things;
it shall pass a bylaw to that effect which may be in such form as is prescribed by the Local Government Board or to the like effect and which shall be under the seal of the village.
1928, c.37, s.221; R.S.S. 1930, c.105, s.225.
Authorisation of loan
226(1) Prior to or forthwith after the first reading of the bylaw providing for the loan the council shall apply to the Local Government Board for its authorisation of the loan.
(2) Notice of such authorisation shall be published in The Saskatchcwan Gazette.
1928, c.37, s.222; R.S.S. 1930, c.105, s.226.
Poll
227 A poll of the burgesses for and against the bylaw shall be held as hereinafter provided, within thirty days after the date of such publication, and after the bylaw has been read a second time.
1928, c.37, s.223; R.S.S. 1930, c.105, s.227.
Time and place of poll, etc.
228 Subject to the provisions of section 227, the council shall by bylaw fix a time for holding the said poll, appoint a returning officer, name a polling place and appoint a time and place when and where the returning officer shall sum up the votes given for and against the proposed bylaw.
1928, c.37, s.224; R.S.S. 1930, c.105, s.228.
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Notice of poll
229(1) The council shall give notice of the poll at least fourteen clear days before the date of voting and every such notice shall be in the form prescribed by the Local Government Board.
(2) Such notice shall be posted in at least three widely separated conspicuous places in the village, one of which shall be the post office, or published in at least two consecutive issues of a newspaper circulating within the village.
1928. c.37, s.225; R.S.S. 1930, c.105, s.229.
Proceedings at poll, etc.
230 At the day and hour fixed by the said notice a poll shall be taken 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 councillors.
1928, c.37, s.226; R.S.S. 1930, c.105, s.230.
Ballot paper
231 The ballot papers for voting on the bylaw shall be in the following form:
Voting on bylaw to (here insert object of the bylaw) submitted to the electors (or burgesses) of the village of ____________________ this (date).
FORthe bylaw
AGAINSTthe bylaw
1928, c.37, s.227; R.S.S. 1930, c.105, s.231.
Agents at poll
232 The overseer shall, if requested, appoint by writing signed by him, two persons to attend at the final summing up of the votes and one person to attend at the polling place on behalf of the persons interested in promoting the passing of the bylaw or voting in the affirmative on the question and a like number on behalf of the persons interested in opposing the passing of the bylaw or voting in the negative on the question.
1928, c.37, s.228; R.S.S. 1930, c.105, s.232.
One vote only
233 Every burgess shall be entitled to vote once only on the bylaw.1928, c.37, s.229; R.S.S. 1930, c.105, s.233.
Declaration of poll
234 The returning officer shall at the time and place appointed by the council in the presence of those authorised to attend or such of them as may be present sum up the number of votes for and against the bylaw and shall then and there declare the result and forthwith certify the same to the council under his hand.
1928, c.37, s.230; R.S.S. 1930, c.105, s.234.
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Passing of bylaw
235(1) The bylaw shall be passed within thirty days after the voting takes place, and it shall not be passed until the expiration of fourteen days after the result of the voting has been declared, nor, if within that period a recount has been applied for, until the result of the recount has been certified by the judge.
(2) The time which intervenes between the making of an application for a recount and the final disposition of it shall not be reckoned as part of the thirty days.
(3) The Local Government Board may extend the time for passing a bylaw under subsection (1) in case such time has been allowed to elapse without the bylaw being passed.
1928, c.37, s.231; R.S.S. 1930, c.105, s.235.
Certificate from secretary treasurer concerning passing of bylaw
236 The secretary treasurer shall forthwith after the passing of the bylaw, forward to the Local Government Board:
(a) a certified copy of the bylaw under the seal of the village;
(b) a certified copy of the notice provided in section 229 and a statutory declaration or declarations proving the posting or publication of such notice;
(c) a statutory declaration showing the total value of assessable property in the village 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
(e) in the event of a recount, a certified copy of the written statement of the judge as to the result of such recount.
1928, c.37, s.232; R.S.S. 1930, c.105, s.236.
Signing and sealing debentures
237 Upon receipt of the several documents referred to in section 236 and upon being satisfied that the several requirements of this Act have been substantially complied with, the Local Government Board may sign and seal the debentures as provided by The Local Government Board Act.
1928, c.37, s.233; R.S.S. 1930, c.105, s.237.
Issue of debentures
238 Whenever the council of any village is authorised by the Local Government Board to borrow any sum of money as herein provided, the council may thereupon issue a deben ture 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 deben tures and the coupons thereto attached when signed by the overseer and secretary treasurer of the village and the deben ture or debentures sealed with the seal thereof and signed and sealed by the Local Government Board, and in addition countersigned by the minister or deputy minister as herein after provided, shall be sufficient to bind the village and create a charge or lien upon all village property and rates and taxes in the village.
1928, c.37, s.234; R.S.S. 1930, c.105, s.238.
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Form of debenture
239 Every debenture shall be in one of the following forms or to the like effect:
FORM 1
$ _________________________________ Debenture No. __________________________
The village of _____________________________ in the Province of Saskatchewan promises to pay to the bearer at _______________________________________ the sum of _________________ dollars __________________ of lawful money of Canada in ______________ equal consecutive annual instalments 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 _________ .
_____________________________Overseer.
_____________________________[Corporate Seal] Secretary treasurer.
Issue authorised Countersigned.
The Local Government Board ______________________________
_____________________________ Minister (or Deputy Minister)Chairman. of Municipal Affairs.
And the coupons may be in the following form:
COUPONS
Coupon No. ____________________________ Debenture No. _____________________
The village of _________________________ 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 village debenture No. _________________________________________.
______________________________Overseer.
______________________________ Secretary treasurer.
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FORM 2
$ ________________________________ Debenture No. ___________________________
The village of ______________________________ in the Province of Saskat chewan promises to pay to the bearer at ____________ the sum of ________________ dollars of lawful money of Canada with interest at the rate of _____________ per centum per annum, the said payment to be made annually in equal payments of principal and interest combined as specified in the coupon attached hereto.
Dated the __________________ day of ___________________ 19 ____________ .
________________________________ Overseer
________________________________[Corporate Seal] Secretary treasurer.
Issue authorised Countersigned
The Local Government Board ________________________________
_____________________________ Minister (or Deputy Minister)Chairman. of Municipal Affairs.
And the coupons may be in the following form:
COUPONS
Coupon No. _______________________ Debenture No. __________________________
The village of ________________________ will pay to the bearer at _______________on the __________________ day of _____________ 19 ______ the sum of ______________dollars, being the ______________________ instalment of principal and interest due on that date on debenture No. ___________________ issued by the said village.
(Signed) ______________________________Overseer.
______________________________ Secretary treasurer.
1928, c.37, s.235; R.S.S. 1930, c.105, s.239.
Limit for debentures
240 The total value of all outstanding debentures issued by any village shall not at any time be for a greater sum than ten per cent of the total value of the assessable real property in the village as shown by the last revised assessment roll thereof.
1928, c.37, s.236; R.S.S. 1930, c.105, s.240.
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Rate of interest
241 Debentures shall not carry interest at a greater rate than eight per cent per annum.
1928, c.37, s.237; R.S.S. 1930, c.105, s.241.
Term of debentures
242 Debentures shall not run for a longer period than fifteen years from the date of the first instalment of principal and interest and may be dated at any time within twelve months from the date on which the notice of the authorisation 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.
1928, c.37, s.238; R.S.S. 1930, c.105, s.242.
Debenture registered by minister
243 Every debenture before being issued by the council shall be sent for registration to the minister who shall cause a record to be kept bf the same.
1928, c.37, s.239; R.S.S. 1930, c.105, s.243.
Debenture countersigned by minister
244 The minister or deputy 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 deben ture and such countersigning by the minister or deputy minister shall be conclusive evidence that the village 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 village issuing the same be a good and indefeasible security in the hands of any bona fide holder thereof.
1928, c.37, s.240; R.S.S. 1930, c.105, s.244.
Debenture register
245 The secretary treasurer 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 village.
1928, c.37, s.241; R.S.S. 1930, c.105, s.245.
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PART VII
Municipal Assessment and Taxation
Assessor
246(1) The council of every village shall appoint an assessor whose duty it shall be to make an assessment of the village in the manner hereinafter provided.
(2) If deemed advisable the council may appoint the secretary treasurer as assessor.
1928, c.37, s.242; R.S.S. 1930, c.105, s.246.
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Assessment
247(1) As soon as may be in each year but not later than the first day of July the assessor shall assess either the owner or the occupant of every parcel of land in the village, and every person who is engaged in business or is in receipt of assessable income or is the owner of a special franchise, and shall prepare an assessment roll showing the name of each person assessed, the property in respect of which he is assessed and the assessed value of such property or the amount of his assessable income.
(2) Land shall be assessed at its fair actual value and buildings and improvements thereon at sixty per cent of their actual value; in estimating its value regard shall be had to its situation; in case the value at which any specified land has been assessed appears to be more or less than its true value the amount of the assessment shall nevertheless not be varied on appeal unless the difference be substantial if the value at which it is assessed bears a fair and just proportion to the value at which lands in the immediate vicinity of the land in question are assessed.
(3) Whenever two or more persons are as business part ners, joint tenants, tenants in common or by any other kind of joint interest the owners or occupants of any real property liable to taxation hereunder, the name of each of such persons shall be entered on the assessment roll in respect of his share or interest of or in such property.
(4) The mode of assessing businesses shall be as follows:
1. The assessor shall fix a rate per square foot of the floor space (irrespective of partitions, elevators, stairways, or other obstructions) of each building or part thereof used for busi ness purposes, and shall as far as he deems practicable classify the various businesses;
2. He may fix a different rate for each class, and in so doing may place a wholesale business in a class distinct from a retail business of otherwise the same class and may classify each building or part thereof according to the kind of business carried on therein and may fix a different rate for different kinds of business carried on under the same roof, and for storehouses and warehouses or other like appurtenant buildings from that fixed for the principal buildings, and may fix a different rate for different flats of buildings;
3. The rate shall not exceed $8 per square foot, except in the case of banks,loan companies or other financial institu tions, in which case such rate shall not exceed $15 per square foot.
(5) Whenever it is found by the assessor that a business is being carried on, either wholly or partially, outside of any building, he shall fix a rate per square foot of the yard space used for each business, and shall as far as he deems prac ticable classify the various businesses, and he may fix a different rate for each, but such rate shall not exceed $4 per square foot.
(6) Notwithstanding anything herein contained, the area of the floor space of a grain elevator, except so much as is used for commodities other than grain, shall not be deemed, for the purpose of business assessment, to exceed one thousand square feet, nor shall the rate in respect of floor space used for grain exceed $4 per square foot.
1928, c.37, s.243; R.S.S. 1930, c.33, s.10; R.S.S. 1930, c.105, s.247.
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Occupant and owner liable
248 The occupant of any building liable to taxation under section 247 shall be liable for the business tax therein mentioned, though he may also be the owner of the premises and as such owner liable to taxation on the land.
1928, c.37, s.244; R.S.S. 1930, c.105, s.248.
Adjustment of taxes
249 In the event of a business being discontinued before the first day of December, or of a person liable for income tax leaving the village before the first day of December, the council may adjust the amount levied in respect of such busi ness or income to correspond with the portion of the year during which the business was carried on or during which the income taxpayer resided in the village, as the case may be.
1928, c.37, s.245; R.S.S. 1930, c.105, s.249.
Fixed assessment
250 Notwithstanding anything herein contained, where there are within the limits of the village lands not subdivided into lots but used exclusively for farming purposes, the council may, upon passing a bylaw authorising such agreement, agree, subject to the approval of the Saskatchewan Assessment Com mission, with the owners that, while the said lands remain not subdivided into lots and are used exclusively for farming purposes a fixed value shall be placed thereupon for assess ment purposes and that the rate of taxation payable by the owners, while such agreement is operative, shall be based upon such fixed value. No agreement under this section shall provide for a longer period than five years but any such agree ment may be renewed or varied at the expiration of that period.
1928, c.37. s.246; R.S.S. 1930, c.105, s.250.
Exemptions
251 The following property shall be exempt from taxation:
1. The interest of the Crown in any property including property held by any person in trust for the Crown;
2. Property specially exempted by law;
3. All lands held by or in trust for the use of any tribe of Indians;
4. If any property mentioned in paragraphs 1, 2 and 3 is occupied by any person otherwise than in an official capacity the occupant shall be assessed in respect of his occupancy but the property itself shall not be liable:
Provided that where a building or a portion of a building situate on railway or other exempted property is used for residential purposes, such building, or portion, and the land on which it is situate, shall be assessed to the person or per sons occupying the same;
Provided further that no such person shall be assessed for a greater sum than $750 in respect of any such building, or portion, and the land on which it is situate;
5. Every building used for church purposes and not used for any other purpose for hire or reward, and the land used in connection therewith not exceeding one-half acre except such part as may have any other building thereon;
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6. Every monument erected as a war memorial and the land used in connection therewith to the extent of one acre;
7. All land in use as a public cemetery not exceeding twenty-five acres;
8. The building and grounds not exceeding four acres of and attached to or otherwise bona fide used in connection with and for the purposes of every school established under the authority of The School Act and every incorporated hos pital so long as such building and grounds are actually used and occupied by such institution but not if otherwise occupied and except such part as may have any other building thereon;
9. The buildings and grounds of agricultural societies organised under The Agricultural Societies Act;
10. All property, real and personal, belonging to the village;
11. The buildings owned by a rural municipality and used for municipal purposes only, and the land used in connection therewith not exceeding one-half acre in extent;
12. Every public library established under The Public Libraries Act;
13. The income of every married person, every widow or widower with children under eighteen years of age, and every unmarried person who is the sole support of a dependent parent or parents or of a dependent brother or sister up to $3,000, to which shall be added $500 for each child under eighteen years of age who is dependent upon the taxpayer for support, and $500 for each dependent parent residing with a taxpayer who is a married person in the village, the income of every other person up to $1500, and in all cases, in addition to any other exemption, the amount of any pension paid to a member or ex-member of His Majesty’s military or naval forces or of any pension paid to a member of the forces of His Majesty’s allies in the late war who is a British subject or to a dependent of any such member or ex-member:
Provided that where a husband and wife have separate incomes, the foregoing provisions shall apply to the husband’s income only, but the wife’s income shall also be exempt to the extent of $1,500 if husband and wife are living together, or to the extent of $3,000 if they are living apart.
1928, c.37, s.247; 1928-29, c.33, s.10; R.S.S. 1930, c.33, s.11; R.S.S. 1930, c.105, s.251.
When person assessed for realty and income
252(1) Any person who is assessed and taxed in respect of land and the buildings thereon and business or special franchise or any of them, and income, shall be liable to pay in addition to the amount of his taxes on land and buildings and on business or special franchise, only the amount, if any, by which his taxes on such income exceed his taxes on land and buildings and on business or special franchise.
(2) The owner of a special franchise shall not be assessed for business or income in respect of such franchise, but in addition to an assessment on land shall be assessed for the actual cost of the plant and apparatus less a reasonable deduction for depreciation.
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(3) No person who is assessed in respect of any business or special franchise or of any income derived therefrom shall be liable to pay a license fee to the village in respect of the same business or special franchise.
1930, c.33, s.12; R.S.S. 1930, c.105, s.252.
Power to suspend taxation of income
253 Notwithstanding anything herein contained the council of any village may, by resolution passed at any time previous to the first day of May in any year, determine that no tax in respect of income shall be imposed for that year.
1930, c.33, s.13; R.S.S. 1930, c.105, s.253.
Wild Lands Tax Act not to apply
254 The provisions of The Wild Lands Tax Act shall not apply to the land within the boundaries of a village.
1928, c.37, s.249; R.S.S. 1930, c.105, s.254.
Information given
255(1) It shall be the duty of every assessable person to give to the assessor all information necessary to enable him to make up the roll but no statement made by such person shall bind the assessor or shall excuse him from making inquiry as to its correctness.
(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 $50.
1928, c.37, s.250; R.S.S. 1930, c.105, s.255.
Information by employers
256 It shall be the duty of every person employing any other person in his trade, manufacture, business or calling to give to the assessor on demand information concerning the names, places of residence and remuneration of all persons employed by him whose wages, salary or remuneration exceed $2,000 per annum in the case of married persons and widows and widowers with children, or $1,000 per annum in the case of all other persons.
1928, c.37, s.251; R.S.S. 1930, c.105, s.256.
Assessment roll
257 The assessment roll shall be in such form as may be prescribed by the minister, and may consist of leaves held together in book form or cards held in a suitable filing device.
1928, c.37, s.252; R.S.S. 1930, c.105, s.257.
Roll checked by assessment committee
258 The council 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 com mittee may decide.
1928, c.37, s.253; R.S.S. 1930, c.105, s.258.
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Fraudulent assessment
259 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 entered therein or wilfully neglects any duty required of him by this Act he shall be liable to a penalty of $100.
1928, c.37, s.254; R.S.S. 1930, c.105, s.259.
Notice of assessment by publication
260 The assessor within ten days after completing the said roll shall post up in three conspicuous places in the village a notice in the following form:
Village of ______________________________ . Assessment Roll, 19 ___________.
Notice is hereby given that the assessment roll of the village of ________________ for the year 19 __________ has been prepared and is now open to inspection at the office of the secretary treasurer of the village from 10 a.m. to 4 p.m. on every juridical day except Saturday (and on that day from 10 a.m. to noon), and that any elector 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 at the office of the secretary treasurer.
Dated this _____________________ day of ____________ 19 ___________ .
A. B.Assessor.
1928, c.37, s.255; R.S.S. 1930, c.105, s.260.
Notice by mail
261(1) The secretary treasurer shall also within ten days after the completion of the assessment roll transmit by post to every person named therein an assessment notice containing the particulars appearing in the roll with respect to such person, in so far as they relate to property, business or income not exempt from taxation.
(2) The assessment notice shall contain a statement of the last date upon which complaints may be lodged as fixed by the notice under section 260 and there shall be indorsed thereon a written or printed form of complaint as given in section 263.
(3) No assessment shall be invalidated by any error in the assessment notice transmitted as aforesaid or by reason of the nontransmission or nonreceipt thereof by the person to whom it was addressed.
1928, c.37, s.256; R.S.S. 1930, c.105, s.261.
Appeal to council
262 If any person thinks that he or any other person has been assessed too low or too high or that his name or the name of any other person has been wrongfully in-serted in or omitted from the roll, or that a building has been wrongfully classified for the purpose of business assess ment or that the rate per square foot of floor space fixed by the assessor is too high or too low, he may within the time limited as aforesaid give notice of complaint in writing to the secretary treasurer that he appeals to the council to correct the said error and in such notice he shall give a post office address to which notices may be sent.
1928, c.37, s.237; R.S.S. 1930, c.105, s.262.
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Form of notice of appeal
263 Every such complaint shall be in the following form:
To the secretary treasurer of the village of ____________________________________
SIR,—I hereby appeal against assessment (or nonassess ment) of ________________ on the following grounds (here state grounds of appeal).
C.D.,Appellant.
Dated this ______________________ day of ___________________ 19 ________ .1928, c.37, s.258; R.S.S. 1930, c.105, s.263.
Notice of hearing
264 The secretary treasurer shall forthwith notify every such appellant and every other person whose assessment is affected or may be affected thereby of the time and place of the sittings of the council to hear the said appeal.
1928, c.37, s.259; R.S.S. 1930, c.105, s.264.
Time of notice
265 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 or has a place of business within the village in which case the secretary treasurer shall cause the said notice to be served at the residence or place of business at least six days before the sitting of the council.
1928, c.37, s.260; R.S.S. 1930, c.105, s.265.
Court of revision
266 The council shall be the court of revision for revising the assessment roll.1928, c.37, s.261; R.S.S. 1930, c.105, s.266.
List of appeal
267 Before the sittings of the council the secretary treasurer shall prepare a list of the appeals in the following form which list shall be posted at the office of the secretary treasurer and shall continue so posted during the sittings of the council.
Appeals to be heard by the council of the village of _________________________ 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.1928, c.37, s.262; R.S.S. 1930, c.105, s.267.
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Clerk in assessment appeals
268(1) The secretary treasurer shall be the clerk and secretary of the council in connection with assessment appeals.
Summons to witness
(2) The clerk may when required so to do issue a sum mons to any person toattend as a witness at the court of revision; and if any person so summoned having been tendered compensation for his time at the rate of $3 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 is available, fails to attend, 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 for good and sufficient reasons excuse such person from attending before them and in such event no penalty shall be incurred by reason of such nonattendance.
1928, c.37, s.263; R.S.S. 1930, c.105, s.268.
Conduct of hearing
269 The appeals shall be heard as far as possible in the order in which they stand upon the said list, but the council may adjourn or expedite the hearing of any appeal as it thinks fit.
1928, c.37, s.264; R.S.S. 1930, c.105, s.269.
Nonappearance
270 If the appellant or any other person whose assessment 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 and its decision shall be final and not subject to review by the Saskatchewan Assessment Commission.
1930, c.33, s.14; R.S.S. 1930, c.105, s.270.
Evidence
271(1) It shall not be necessary to hear upon oath the complainant or assessor or the person complained against except where the council deem 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.
1928, c.37, s.266; R.S.S. 1930, c.105, s.271.
Termination of sittings
272 All the duties of the council as a court of revision shall be completed by the first day of September; and no appeal to the council shall be heard after that date except as provided by section 279.
1928, c.37, s.267; R.S.S. 1930, c.105, s.272.
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Amendment of roll
273 Forthwith after the conclusion of the sittings, the secretary treasurer shall amend the assessment roll in accordance with the 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 treasurer.
1928, c.37, s.268; R.S.S. 1930, c.105, s.273.
Adoption of roll
274 The roll with any amendments made as aforesaid shall be the assessment roll of the village:
Provided that there shall be a right of appeal from the decision of the council to the Saskatchewan Assessment Commission according to the procedure prescribed herein.
1928, c.37, s.269; R.S.S. 1930, c.105, s.274.
Correction of errors
275 The council may at any time correct any gross and palpable errors in the roll and any corrections so made shall be initialed by the secretary treasurer.
1928, c.37, s.270; R.S.S. 1930, c.105, s.275.
APPEAL FROM COURT OF REVISION TO THE SASKATCHEWAN ASSESSMENT COMMISSION
Appeal lies to commission
276 An appeal to the Saskatchewan Assessment Commission 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.
1928, c.37, s.271; R.S.S. 1930, c.105, s.276.
Proceedings on appeal
277 In all appeals under the provisions of section 276 the proceedings shall be as follows:
Notice of appeal
1. When the decision of the court of revision is given at the time of the hearing, the appellant shall in person or by agent serve upon the secretary treasurer within ten days after the decision of the court of revision a written notice of his intention to appeal to the commission. Where such decision is not given at the time of the hearing, the secretary treasurer shall forward a notice of the decision to the appellant by registered letter, and the appellant shall serve his notice of intention to appeal, within ten days after the date of the registration of such letter. The appellant shall, in either case, forward a copy of the said notice to the Saskatchewan Assessment Commission.
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List of appeals forwarded to commission
2. The secretary treasurer shall immediately after the time limited for service of such notice forward a list of all appeals to the secretary of the commission and the commis sion shall fix a day for the hearing of such appeals;
Secretary treasurer notifies parties interested in appeals
3. The secretary treasurer shall immediately upon the commission fixing the day for the hearing of such appeals give notice in writing to all parties interested in the said appeals respectively of the time and place fixed by the commission for the hearing of the same;
Time of notice
4. Every such notice shall be posted by registered letter to the post office address of the appellant at least fifteen days before the day fixed by the commission for hearing the appeals unless such person has a place of business within the village in which case the secretary treasurer shall cause the said notice to be served at such place of business at least six days before the day fixed for hearing the appeals:
Provided however, that in the event of failure to have the required service of notice made or to have the same made as required by this Act, the commission may direct the service to be made for some subsequent day then to be fixed by it for the hearing of the appeal;
Secretary treasurer posts notice of appeals
5. The secretary treasurer shall immediately upon the commission fixing the day for the hearing of such appeals cause a conspicuous notice to be posted up in his office and in the place where the council holds its sittings containing the names of all the appellants and parties appealed against and a statement of the time and place fixed by the commis sion for the hearing of such appeals;
Hearing and determination of appeals
6. At the hearing the commission shall hear the appeals and may adjourn the hearing from time to time and defer decision thereon at its pleasure, but all appeals shall be determined before the thirtieth day of September; all deferred decisions shall be in writing and when given shall be filed with the secretary treasurer;
Procedure on hearing
7. At the hearing the person having charge of the assessment roll passed by the court of revision shall appear and produce such roll and all papers and writings in his custody connected with the matter of appeal and such roll shall be confirmed, altered or amended according to the decision of the commission if then given and the chairman 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 commission reserves its decision the secretary treasurer shall when the same is given forthwith alter the said roll accordingly and write his own name opposite every such alteration or correction;
Evidence
8. In such proceedings the commission shall possess all such powers for compelling the attendance of and for the examination on oath of all parties whether claiming or objecting or objected to and all other persons whatsoever and for the production of books, papers, rolls and docu ments and for the enforcement of its orders and decisions as belong to or might be exercised by a judge of the district court in respect of any civil proceedings in said court;
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Title of proceedings
9. All process or other proceedings in, about or by way of appeal may be entitled as follows:
In the matter of appeal from the court of revision of the village of _______________
Between
A. B.Appellant,
andC. D.
Respondent;Assessment revision
10. The commission may, of its own motion, revise the assessment of the village generally, or of any part thereof or of any individual properties in respect of which no notice of appeal has been given, and for such purpose it may set a day or days for the hearing and adjourn the same from time to time, and may cause such notices to be given and such parties to be served as may seem expedient;
Inspection of property
11. The commission may inspect or cause to be inspected the property whose assessed value is in dispute and any other properties in the municipality, with a view to arriving at the value for assessment purposes, and may base its decision wholly or in part upon such inspection;
Cost of proceedings
12. The costs of any proceedings before the commission as aforesaid shall be paid by or apportioned between the parties in such manner as the commission thinks proper; and where costs are ordered to be paid by any party the same shall be enforced by execution to be issued in the same manner as upon a judgment for costs in the district court;
Taxation
13. The costs chargeable or to be awarded in any case may be the costs of witnesses and of procuring their at tendance and none other, the same to be taxed according to the allowance in such court for such costs; and in case where execution issues the costs thereof as in the like court and of enforcing the same may also be collected thereunder;
Filing of decisions
14. The clerk of the district court shall, at the request of the commission or any party interested, file the orders and decisions of the commissions in the same manner as if they were orders or decisions of the court;
Decision final
15. Subject to the provisions hereinafter contained the decision of the commission shall be final and conclusive in every case adjudicated upon;
Appeal in case of school supporter
16. Where the ground of appeal was that the appellant or some other person was wrongly assessed as a public or separate school supporter, an appeal shall lie from the commission to the Court of Appeal;
Procedure
17. The procedure on such appeal shall be the same as is or may be provided on an appeal from a final order, judgment or decision of the district court in a civil action.
1928, c.37, s.272; R.S.S. 1930, c.105, s.277.
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Council may order addition to roll
278 If at any time before the first day of November 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 or that any person has commenced business after the roll was completed, the council may direct the secretary treasurer 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 treasurer.
1928, c.37, s.273; R.S.S. 1930, c.105, s.278.
Notice to persons affected by correction of roll
279 In the event of any such addition to or correction of the roll without the knowledge or consent of the person or persons affected thereby a notice as required by section 264 shall be sent to such person or persons by the secretary treasurer and every such person shall be given every reason able opportunity to complain or appeal against the said assessment and all complaints and appeals so made shall be heard and determined as nearly as may be in the manner provided by this Act.
1928, c.37, s.274; R.S.S. 1930, c.105, s.279.
Binding effect of amended roll
280 When the roll is finally completed and the time during which complaints and appeals against the assessment has elapsed, the secretary treasurer shall, over his signature, enter at the foot of the last page of the roll, or, where a card system of assessment roll is in use, on a card following that on which the last assessment for the year is shown, 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 notwith standing 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 transmit any such notice. When the person assessed has no interest in the land, the assessment shall bind the land but not the assessed person.
192.8, c.37, s.275; R.S.S. 1930, c.105, s.280.
Evidence of roll
281 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 and certified to be a true copy by the secretary treasurer shall be received as prima facie evidence in any court of justice without the production of the original assessment roll.
1928, c.37, s.276; R.S.S. 1930, c.105, s.281.
TAXATION
Estimates
282 The council shall as soon as practicable in each year prepare in detail an estimate of the probable ex penditures of the village for the year and such estimate shall include the sum or sums required to repay any tempor ary loan or to meet any debenture coupons which may fall due during the year.
1928, c.37, s.277; R.S.S. 1930, c.105, s.282.
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Levy of rate
283(1) Upon the completion of the said estimate the secretary treasurer shall lay before the council the assessment roll of the village for the current year, and the council shall by resolution authorise the secretary treasurer to levy upon all property, businesses and income entered in the roll and not exempt from taxation such tax at a uniform rate as shall be deemed sufficient to meet the estimate of expenditures, and in fixing the rate the council shall make due allowance for the nonpayment of taxes.
Limit
(2) The said uniform rate shall not in any one year exceed twenty mills on the dollar of assessment.
1928, c.37, s.278; R.S.S. 1930, c.105, s.283.
Assessment where village includes school district
284 In case a village includes within its limits the whole or a part of any school district erected under The School Act, the council shall assess and levy in each year, in accordance with the provisions of The School Assessment Act, such rates as shall be sufficient to meet the sums required to be raised for the purposes of the district or portion of a district, as the case may be, and such rates shall be assessed and collected in the same manner as municipal rates and taxes.
1928, c.37, s.279; R.S.S. 1930, c.105, s.284.
Statement by school trustees of estimated expenditure and payment by council
285(1) On or before the first day of March of each year, or, in the case of a school district established subsequently to the first day of March, as soon thereafter as possible, the board of trustees of every village school district shall transmit to the secretary treasurer of the village a statement of the estimated amount required to meet the expenditures of the district for the current year. In case the district is situated in more than one municipality or partly in one or more municipalities and partly in a terri torial unit or units, the total estimated amount shall be apportioned among the municipalities or territorial units affected in the proportions agreed upon by the adjustment board hereinafter mentioned.
(2) The council of every village shall pay to the district one-quarter of the estimated amount or of its share thereof on or before the thirty-first day of March, one-quarter on or before the thirtieth day of June, and one-quarter on or before the thirtieth day of September, and shall on or before the thirty-first day of December, pay to the district such additional amount as is sufficient to meet the total sum required to be levied by the village under clause (c) of section 287, or the total school taxes levied in the current year by the village on behalf of the district, whichever shall be the greater.
(3) The statement above mentioned shall show the amount of any debenture instalment falling due within the year, and the date on which it falls due, and the payment by the council for the quarter during which such date occurs shall include such instalment.
(4) By mutual agreement between any village and a school district situated wholly or in part therein, the pay ments mentioned may be made at different dates from those above prescribed.
1928, c.37, s.280; R.S.S. 1930, c.33, s.15; R.S.S. 1930, c.105, s.285.
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Statement assessment by village to school trustees
286(1) On or before the fifteenth day of July in each year the secretary of the village shall transmit to the board of trustees of the school district a certified statement of the total assessment for the current year of the portion of the district situated within the village.
(2) Subject to any order of the minister extending the time for the completion of the assessment for the current year, any secretary who fails to furnish such statement shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10 per day for every day during which the default continues, and in case of nonpayment forthwith after conviction to imprisonment for a period not exceeding one month.
1930, c.33, s.16; R.S.S. 1930, c.105, s.286.
Material supplied by school trustees
287 On or before the first day of August in each year the board of trustees of every school district referred to in section 284 shall transmit to the treasurer of each village 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 detailed statement, in such form as the minister may prescribe, showing the estimated expenditures of the district for the year;
(c) a certified copy of the resolution of the board of trustees showing the amount required to be levied on the total assessment of the district for the year.
1928, c.37, s.281; R.S.S. 1930, c.33, s.17; R.S.S. 1930, c.105, s.287.
Statement of account of village with school district
288 On or before the fifteenth day of January in each year the treasurer of every village shall transmit to the board of trustees of each school district situated wholly or in part within the village a statement, in such form as the minister may prescribe, of the account of the village with the district as at the thirty-first day of December in the preceding year.
1930, c.33, s.18; R.S.S. 1930, c.105, s.288.
Arrears of school taxes
289 All school taxes or moneys due by a village remaining unpaid to the trustees of any school district after the dates fixed by this Act or by mutual agreement for the payment of the same shall be a debt due by the village to the school district, and may be recovered by suit in the name of the board of trustees of such school district.
1928, c.37, s.282; R.S.S. 1930, c.33, s.19; R.S.S. 1930, c.105, s.289.
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Tax roll
290(1) On or before the first day of September in each year, or as soon thereafter as may be, the secretary treasurer shall enter in the assessment roll for the year in the several columns provided for the purpose, a statement of all taxes levied against each person as computed at the rate hereinbefore provided for, and such statement when completed shall show:
1. The sum total of the rates levied against each person for municipal purposes;
2. The sum total of the rates levied against each person for school purposes;
3. The total taxes due for the current year by each person;
4. The arrears of municipal taxes due by each person;
5. The arrears of school taxes due by each person;
6. The sum total of all taxes due by each person.
Minimum tax
(2) Any person whose business tax would be less than $10 for any business, shall be taxed $10 for that business, and in the event of the total property tax of any person under this section being less than $2, the property tax to be entered in the roll as payable by such person shall be $2.
1928, c.37, s.284; R.S.S. 1930, c.105, s.290.
Tax notice
291(1) The secretary treasurer shall mail to each person whose name appears on the assessment roll and to the address shown therein notice of the amount of taxes due by such person, and the entry of the date of mailing each such notice followed by the initials of the secretary treasurer on the roll shall be prima facie evidence of the mailing of the notice on the date entered without proof of the appointment or signature of the secretary treasurer, and the absence of any entry of such date and initials shall where no address is given be prima facie evidence that the person’s address is unknown.
(2) Every such notice shall show the property, business or income assessed, rate of taxation for the current year as hereinbefore 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 be prescribed by the minister.
1928, c. 37, s. 285; R.S.S. 1930, c.105, s.291.
Taxes where payable
292 All taxes levied under the provisions of this Act shall be payable at the office of the secretary treasurer.
1928, c.37, s.286; R.S.S. 1930, c.105, s.292.
Taxes first lien
293 The taxes accruing upon or in respect of any land in the village shall be a special lien upon such land having priority over any claim, lien, privilege or incumbrance thereon except claims of the Crown.
1928, c.37, s.287; R.S.S. 1930, c.105, s.293.
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Discount
294 The council may by bylaw allow a discount for prompt payment of taxes not exceeding one per cent for each full month up to four months that such payment is made before the thirty-first day of December of the year in which the taxes are imposed.
1928, c.37, s.288; R.S.S. 1930, c.105, s.294.
Penalty for nonpayment of taxes
295(1) In the event of any taxes remaining unpaid after the thirty-first day of December of the year in which the same are levied, there shall be added thereto by way of penalty a sum equal to eight per cent. of the arrears; and upon the expiry of each succeeding year during which the whole or any portion of the combined amount of taxes and penalty or penalties remains unpaid, an additional sum equal to eight per cent. of the arrears shall be added thereto.
(2) Amounts so added shall form part of the taxes.
(3) Nothing in this section contained shall be construed to extend the time for payment of the said taxes or in any way impair the right of distress or any other remedy pro vided by this Act, for the collection of the said taxes.
1928, c.37, s.289; R.S.S. 1930, c.105, s.295.
Receipt book and official receipt
296 The secretary treasurer shall issue an official receipt for every amount paid him for taxes in such form as may from time to time be approved by the minister, and shall enter on the assessment roll, opposite the respective items on account of which payments are made the amount of each payment with the number of the receipt.
1928, c.37, s.290; R.S.S. 1930, c.105, s.296.
Arrears first charge on tax payment
297 In ease any person pays only a portion of the taxes due by him the secretary treasurer shall first apply such taxes in payment of any arrears due by such person.
1928, c.37, s.291; R.S.S. 1930, c.105, s.297.
Distress for taxes
298(1) In case a person neglects to pay his taxes for thirty days after the mailing to such person or his agent of the notice required by section 291, the municipality shall have the right to levy the same, with costs, by distress either:
(a) upon the goods and chattels of the person who ought to pay the same, wherever found within the municipality; or
(b) upon any goods and chattels in his possession wherever found within the municipality; or
(c) upon any goods or chattels found on the premises in respect of which the taxes have been levied, the property of or in the possession of any other occupant of the premises; or
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(d) in ease of a business tax, upon the goods and chattels or interesttherein, as the case may he, falling within any of the classes mentioned in clauses (a), (b) or (c), of any person who occupies the premises in respect of which the business tax was assessed as purchaser of the business thereto fore carried on therein by the person taxed;
and the costs chargeable shall be the same as those allowed in the schedule of The Distress Act.
(2) Notwithstanding anything herein contained no dis tress or sale shall be made of goods or chattels which are the subject of a valid and subsisting lien in favour of a vendor for the price or a part of the price thereof, but the interest only of the defaulter, or of any other occupant of the premises or of any person other than the vendor, in such goods and chattels shall be liable to distress and sale.
(3) Notwithstanding anything herein contained, no goods which are in the possession of the person liable to pay such taxes for the purposes only of storing and warehousing the same, or of selling the same upon commission, or as agent, shall be levied upon or sold for such taxes.
(4) Goods in the hands of the trustee in bankruptcy, or in the hands of a liquidator under a winding up order, shall be liable only for the taxes assessed against the bankrupt or the company which is being wound up, prior to the date of the authorised assignment, receiving order or winding up order, and thereafter while the trustee or liquidator occupies the premises or while the goods remain thereon. All such taxes shall be a preferential lien and charge on such goods.
(5) The goods and chattels exempt by law from seizure under execution shall not be liable to seizure by distress for taxes unless they are the property of the person taxed, or of the owner, though his name does not appear on the roll.
(6) The person who claims such exemption shall select and point out the goods and chattels as to which he claims exemption.
(7) The secretary treasurer shall by advertisement posted up in at least five widely separated conspicuous places in the village 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 named in the notice the secretary 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 $1 for posting notices.
(8) 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 he paid to the per son in whose possession the property was when the distress was made.
(9) If the claim is contested, such surplus money shall be paid over by the secretary treasurer to the clerk of the district court who shall retain the same until the respective rights of the parties have been determined by action at law or otherwise.
1928, c.37, s.292; 1928-29, c.33, s.11; R.S.S. 1930, c.105, s.298.
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Anticipatory distress
299 If at any time after demand has been made or notice given pursuant tosection 291, and before the expira tion of the time for payment of the taxes, the treasurer has reason to believe that any person in whose hands goods and chattels are subject to distress is about to move the goods and chattels out of the village and makes affidavit to that effect before the overseer or a justice of the peace, the overseer or justice may issue a warrant to the treasurer authorising him to levy for the taxes, costs and expenses in the manner provided by this Act although the time for payment thereof may not have expired and the treasurer may levy accordingly.
1928, c.37, s.293; R.S.S. 1930, c.105, s.299.
Suit for taxes
300(1) Any taxes or arrears of taxes due to the vil lage or levied by it may be recovered by suit in the name of the council as a debt due to the village 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 291 were mailed as shown by the assess ment roll.
1928, c.37, s.294; R.S.S. 1930, c.105, s.300.
Tax certificate, issue of
301(1) The secretary treasurer shall on demand issue a certificate under the seal of the municipality, showing the taxes due against any parcel of land and the amount required to redeem the land from any tax sale held within the two years preceding the date of issue of the certificate, and he may charge a fee of twenty-five cents for furnishing such certificate if it does not contain more than five lots or parcels, and a further fee of ten cents for every additional lot or parcel.
(2) Not more than $5 shall be charged for any certifi cate.
(3) Fees received by the secretary treasurer for tax certificates shall form a part of the revenues of the village.
1928, c.37, s.294a; R.S.S. 1930, c.33, s.21; R.S.S. 1930, c.105, s.301.
Binding effect of certificate
302 A certificate issued under the provisions of section 301, when signed by the secretary treasurer, shall be deemed to have been properly executed and shall be binding upon the village.
1928, c.37, s.294b; R.S.S. 1930, c.105, s.302.
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Taxes due on organisation
303(1) All taxes due at the date of the organisation of a village on lands comprised within its limits or in respect of the businesses or incomes of persons residing or carrying on business therein, or due at the date of the addi tion on lands added to a village, or in respect of the busi nesses or incomes of persons residing or carrying on business in the area added, shall be collected by the village, and the treasurer of the rural municipality shall, as soon as possible after such organisation, furnish the secretary treasurer of the village with a statement showing the total taxes outstanding on each parcel or in respect of each business or income, together with the names of the persons by whom such taxes are payable and the years for which they are due.
(2) One-half of the amounts thus collected shall be paid over to the council of the rural municipality.
(3) The village shall collect all arrears of school taxes on the lands mentioned in subsection (1) and shall pay the same over to the rural municipality as they are collected, and shall also pay to the rural municipality a portion of the school taxes levied for the year in which the village is erected sufficient to reimburse the rural municipality for any payments which may have been made by it to the school district for that year.
(4) The village shall collect all arrears of supplementary revenue taxes, public revenue taxes and wild lands taxes on such lands and shall forward the amounts collected to the Provincial Treasurer in the manner required by the respective Acts under which such taxes are or have been levied and subject to the provisions of those Acts.
1928, c.37, s.295; R.S.S. 1930, c.105, s.303.
Payment of taxes before buildings removed
304 The council may, by bylaw, require that, before buildings are removed from the land upon which they are situated unless to be immediately replaced on the same site by others of at least equal value, all taxes already levied on such land and buildings shall be paid.
1928, c.37, s.296; R.S.S. 1930, c.105, s.304.
Buildings assessable
305 Buildings owned by one person situated on land belonging to another, and buildings which are not attached to the land upon which they are placed:
(a) shall be liable to assessment and taxation as improvements upon the land, and shall be subject to a lien for the taxes;
(b) in case of removal, may be distrained upon for such taxes at any time within three months from the date of removal, notwithstanding that they have been attached to the soil in their new situa tion;
(c) may be sold and disposed of for such taxes in the same manner as any chattels distrained for taxes;
and the purchaser of any building so sold and disposed of shall have free right of entry upon the land on which such building stands for the purpose of severing it from the soil, if necessary, and of removing it.
1928, c.37, s.297; R.S.S. 1930, c.105, s.305.
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PART VIII
Actions By and Against Villages
Rights as in proceedings
306 In matters arising within the limits of a village where duties, obligations or liabilities are imposed by law upon any person, company or corporation or where con tracts or agreements are or have heretofore been created, enacted or validated by any statutes imposing such duties, obligations or liabilities, the village shall have the right by action to enforce such duties or obligations and the payment 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 as plaintiff upon the relation of any person interested.
1928, c.37, s.298; R.S.S. 1930, c.105, s.306.
Notice of action in certain cases
307 In case a bylaw or resolution is illegal in whole or in part or in case anything has been done under it which by 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 village; and every such action shall be brought against the village alone and not against any person acting under the bylaw or resolution.
1928, c.37, s.299; R.S.S. 1930, c.105, s.307.
Tender of amends
308 In case the village tenders amends to the plaintiff or his solicitor if such tender is pleaded and if traversed and no more than the amount tendered is recovered the plaintiff shall have no costs but costs shall be taxed to the defendant on such scale as the presiding judge may direct and shall set off against the amount recovered; and the balance due to either party may be recovered as in ordinary cases.
1928, c.37, s.300; R.S.S. 1930, c.105, s.308.
Recovery of fines
309 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.
1928, c.37, s.301; R.S.S. 1930, c.105, s.309.
Disposal of fines
310 All moneys accruing from fines or penalties under this Act shall unless otherwise provided belong to the consolidated fund of the province.
1928, c.37, s.302; R.S.S. 1930, c.105, s.310.
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EXECUTIONS AGAINST VILLAGES
Procedure on writs of execution in sheriff’s hands
311 Any writ of execution against a village may be indorsed with a direction to the sheriff of the judicial district in which the village is to levy the amount thereof by rate and the proceedings thereon shall be as follows:
Copy of the writ delivered to secretary treasurer
1. The sheriff shall deliver a copy of the writ and indorsement to the secretary treasurer of the village with a statement in writing of the amount required to satisfy such execution including the amount of interest thereon and sheriff ’s fees and demand the payment of the same;
Execution rate
2. In case the amount demanded is not paid to the sheriff within thirty days after such delivery the sheriff shall examine the assessment roll of the village and shall in like manner as rates are struck for general village purposes strike a rate sufficient in the dollar 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;
Sheriff’s precept to secretary treasurer
3. The sheriff shall thereupon issue a precept or precepts under his hand and seal of office directed to the secretary treasurer of the village and shall annex thereto the roll of treasurer such rate and shall by such precept after reciting the writ and that the corporation has neglected to satisfy the same and referring to the roll annexed to the precept command the secretary treasurer to levy such rate at the time and in the manner by law required in respect to the general annual rates.
Levy of special rates
4. At the time for levying the annual rates next after the receipt of such precept, the secretary treasurer shall add a column to the tax roll headed: “Execution rate in A. B. versus the village of _________________ (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 to the general annual rate, return to the sheriff the precept or precepts with the amount levied thereon deducting his percentage;
Surplus
5. The sheriff shall after satisfying the execution and all fees thereon return any surplus within ten days after re ceiving the same to the secretary treasurer for the general purposes of the village;
Secretary treasurer’s percentage
6. In case the secretary treasurer of any village 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.
1928, c.37, s.303; R.S.S. 1930, c.105, s.311.
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Secretary treasurer and assessor officers of court
312 The secretary 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.
1928, c.37, s.304; R.S.S. 1930, c.105, s.312.
PART IX
Erection of Villages into Towns
Erection of village into town
313(1) No village shall he erected into a town unless it contains over five hundred persons actually resident therein.
(2) Whenever the council deems it advisable that the village be erected into a town it shall pass a resolution to that effect. The said resolution may be in the following form:
Resolved that the council do apply to the Minister of Municipal Affairs for the incorporation of the village of into a town.
1928, c.37, s.305; R.S.S. 1930, c.105, s.313.
Approval of electors
314 No village shall be erected into a town unless and until a resolution of the council to that effect has been approved by two-thirds of the electors voting thereon in the manner provided for the assent of burgesses to money bylaws.
1928, c.37, s.306; R.S.S. 1930, c.105, s.314.
Publication of notice
315 The secretary treasurer of the village shall upon the approval of such resolution by the electors as aforesaid post up a notice (form A) in three public places in the village and insert the same in one issue of The Saskatchewan Gazette and in two consecutive weekly issues of a newspaper published in the village or if there be no such newspaper then in the newspaper published nearest thereto, setting forth in the notice the intention of the council to apply on behalf of the village to the minister for the erection of the village into a town.
1928, c.37, s.307; R.S.S. 1930, c.105, s.315.
Application to minister for erection into town
316(1) At any time not less than one month nor more than two months after the last publication of the said notice the council may apply to the minister for the erection of the village into a town.
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(2) Every application shall be accompanied by:
(a) a fee of one hundred dollars which shall form part of the general revenues of the province;
(b) such proof as the minister may require as to the result of the vote of the electors and of the publica tion and posting of the notices as aforesaid, (form B).
(3) Upon receipt of the application mentioned in sub sections (1) and (2) the minister shall appoint a person to take a census of the proposed town; and such person shall report to the minister and to the overseer of the village the result of the census (form C).
1928, c.37, s.308; R.S.S. 1930, c.105, s.316.
Issue of proclamation
317(1) Upon the fulfilment of the requirements of sections 313, 314, 315 and 316, the minister shall present the application of the village to the Lieutenant Governor in Council who may by proclamation erect the village into a town.
(2) Every such proclamation shall take effect on, from and after a date to be stated therein.
1928, c.37, s.309; R.S.S. 1930, c.105, s.317.
The Town Act applicable
318 From and after the erection of any village into a town as hereinbefore provided all of the provisions of The Town Act shall, except as herein otherwise provided for, apply thereto.
1928, c.37, s.310; R.S.S. 1930, c.105, s.318.
Village council continued until election of town council
319 The council of the village shall until the election of a council for the town under the provisions of The Town Act be deemed to be the council for the town and shall have all the powers and be charged with all the duties of a town council and all the officers of the village shall be and become officers of the town and shall hold office until their successors are appointed.
1928, c.37, s.311; R.S.S. 1930, c.105, s.319.
Property delivered to town clerk
320 All books, accounts, records, lists, vouchers, moneys, and all other properties of the village shall forth with on demand of the town clerk be delivered by the person last holding them to the said town clerk who shall for the purpose of receiving the said books, accounts, records, vouchers, moneys and other property be deemed to be the successor in office of the secretary treasurer of the village.
1928, c.37, s.312; R.S.S. 1930, c.105, s.320.
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Bylaws and regulations to continue in force until varied
321 All bylaws of the village and all regulations made thereunder having force and effect in the village at the date of its erection into a town shall continue in full force in the town as bylaws of the said town until amended or repealed by bylaws passed by the council.
1928, c.37, s.313; R.S.S. 1930, c.105, s.321.
Village taxes paid to town
322 All taxes due to the village shall on its erection into a town be deemed to be arrears of taxes due to such town.
1928, c.37,s.314; R.S.S. 1930, c.105, s.322.
Suits and right of action and liabilities continued
323 All suits and rights of action by or against the village shall after its erection into a town be continued or maintained by or against the town and all debts and liabili ties of the village shall be assumed and paid by the town.
1928, c.37, s.315; R.S.S. 1930, c.105, s.323.
Title to property of village to vest in town
324 The title to and all rights in respect of any real estate or other property of the village shall be vested in the town upon the erection of the village into a town.
1928, c.37, s.316; R.S.S. 1930, c.105, s.324.
___________________
SCHEDULE
FORM A
(Section 315)
Notice is hereby given that it is the intention of the council of the villageof ___________________ to apply to the Minister of Municipal Affairs for the erection of the said village into a town and that the limits intended to be included therein are as follows:
Dated at _________________ in the Province of Saskatchewan, this _____________ day of ________________ 19 __________ .
(Signature) ____________________________ Overseer of the Village of ______________
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FORM B
(Section 316)
Canada:Province of Saskatchewan,
To wit:
I, _____________________________________ of the village of _____________________ in the Province of Saskatchewan, (occupation), do solemnly declare:
1. That I am the overseer of the village of __________________ before mentioned;
2. That on the _______________ day of ______________ 19 ____________ a meeting of the council was held at ______________________ aforesaid for the purpose, amongst others, of passing a resolution with a view of applying to the Minister of Municipal Affairs for authorisation to erect the said village into a town;
3. That on the ______________________ day of ________________ 19 ______________ a vote of the electors of the said village was taken to decide on the advisability of incorporating the village into a town and of indorsing the resolution of the council authorising the erection of the said village into a town; that the said resolution was then duly submitted to the electors of the village and approved by at least two-thirds of the electors voting thereon in accordance with the provisions of The Village Act for voting on money bylaws;
4. That on the approval of the resolution as set forth in the last paragraph there was posted up in three public places in the said village a copy of notice hereto annexed marked Exhibit A, and the said notice was also inserted in one issue of The Saskatchewan Gazette and in two consecutive issues of the ________________ newspaper, to wit, in the issues of the following dates, namely:
5. That said newspaper is published in the said village of _______________________(or is the newspaper published nearest to the said village);
6. That hereto annexed, marked Exhibits B, C and D are the respective issues of The Saskatchewan Gazette and the _________________ newspaper referred to;
And I make this solemn declaration conscientiously believing 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 _______________in the Province of Saskat chewanthis _______ day of ______ 19 _____.
________________________________________A N.P., J.P., or Commissioner for Oaths.
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Regina, SaskatchewanPrinted by the authority of
THE QUEEN’S PRINTER
FORM C
(Section 316)
Canada:Province of Saskatchewan,
To wit:
I, __________________________________________ of the __________________________ of _______________________ in the Province of Saskatchewan (occupation) do solemnly declare:
1. That I was appointed by the Minister of Municipal Affairs to take the census of the village of _____________________ with a view to having it incorporated into a town;
2. That I took such census on (give date) and the census taken by me disclosed the fact that the village contained _____________________ persons actually resident therein;
And I make this solemn declaration conscientiously believing 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 in the Province of Saskatchewan this day of 19.
Declared before me at _______________in the Province of Saskatchewanthis ______ day of _______ 19 _____ .
________________________________________
A N.P., J.P., or Commissioner for Oaths.
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