City of Edmonton - Municipal Affairs · Edmonton shall be deeined and taken for all purposes to be the head and members of the couiicil of the corporation hereby created and until

h NE HAT is64

issue of debentures for the 5: system of the said town ided in said bylaw number

.d bylaws numbers 74 and lity to the snid respective mid mayor and secretary- led with the corporate seal

ier the debenturea so issued iwfully issued by reuson of and contaracted for debts in

,ed valne of the assessable i the town of Merlicinc?Hat. d in the interests of the

such doubts should be :1 debentures contirined by : Asien3bly of the North-

overnor by and with the ve Assembly of the Terri-

3er 42 of tlkt: Urdinances of ,hereto the wolds following : , quarter of section thirty- mnge six (6) west of thc Doiiiinion lands systein of

it11 Saslratcliewun river and abutting the easterly liinit said section ttiirty-six (36)

Y declared to be within tlic i t for all purpuses and tlie extended accordingly.

knieipal Ordinance 189S, so to the said town of Xedicine

g oiit the word “ ten ” wherc ng in lieu thereof the word

h and 75 of tlie ba i t1 town em legaliscrl, vdidated and id town apd the said town ey to the amount and for the laws respectively and may same manner and with the idtl always had full power to ware always valid, legal and

y debentures issued in accor- ie soicl bylaws are hcrcby ,ding npon thc said town.

CHAPTER 19 An Ordinance to incorporate the City of Edmonton’.

[Assented to October 8,1904.1

H E Lieutenant-Governor by and with the advice and T consent of the Legislative Assembly of the Territories enacts as follows :

TITLE I.

PRELIMLNARY. - 1. This Ordinance inay be cited ’ as “ The Eclnzonton Shorttitlo

Cl~ctrt er. ”

I nterprot,ation 2. In this Ordinance the word- 1. “ Elector ” nieans u person entitled to vote a t municipal “Elector*’

and school elections in the said city ; 2. “ Coinmissioners ” iiieans the coniinissioncrs of the city *4.Comn!js.

aionerd of Erlinonton ; 3. “ Council ” means the municipal council of the said city ; “Council”

4. “ Burgess ” inearis an elector who is such in respect of “Buwcss’~ freehold property ;

5. “ Felony” means any crime which before the passing of “ F c l o n ~ “ The Criminal Code o f Cunadr I896 would have been a felony under the lnw of Csnads; and “ misdenieanor ” means any 1 ) Mia- criine which bzfore the passing of the said Code would have dcl”e’Lnor”

been n misdemeanor under the said law. 6. “ Incoine ” inems the profit or gain (whether ascertained 1 . I ~ , ~ ~ ~ , ~ ~ ~ ~

and capable of computation as being wages, salary or othcr fixed wiount or unascertained as being fees or emoluments or profits f rom’ a, trade or commercid or finnncihl or other business or culling) directly or indirectly received by a person from any office or employment or ‘from any profession or cdlinq or from any trude, m!LnuEwture or business; and includes the interest, dividends or profits directly or indirectly received from money u t interest upon any security or without security or froin stocks or froin any other investment and also protit or gain froin any other source wllatever ;

7. “ Business ” shall include any tradc, profession, calling, “Buxinoss” occupation or einployment ;

8. ‘‘ Specinl franchise ” shall inem . every right, R U thority ~‘syooin~ or permission to construct, maintain ar operate within the city, fra’lahiac“

. .

45

2

I' Judge "

"Court" '' Supreme court" "Land ''

-

'' Munjpi. p i t y

city "

'' Person "

" Resident"

'' Reviaed aase,pmcn t roll

'' SeoretaT treasurer

'' Hereln "

Computation of time f

f. +

- .

Forms

Cap. 19 CITY OF EDMONTON 1904

in, under, above, on or through any highway, road, street, lane, public place or public water within the jurisdiction of the city any poles, wires, tracks, pipes, conduits, buildings, erections, structures or other things for' the purposes of bridges, railways, tramways or for the purpose of conducting steam, heat, water, gas, oil, electricity or any ,property, substance or product capable of being transported, transmitted or conveyed for the supply of water and heat, power, transportation, telegraphic, telephonic or other service ;

9. " Judge " means a judge of the supreme court of the North-West Territories ; and " court " or '( supreme court "

means the said court. 10. 'I Land " includes lands, tenements and hereditaments

and any estate or interest therein or right or easement aflecting the same and (subject to the provisions hereinafter contaiued). 'I Land " also includes (for assessment purposes) :

( a ) Land covered with water ; ( b ) Trees and underwood growing upon land ; (c) Mines, minerals, gas, oil, salt, quarries and fossils in

and under land; and ( d ) In case of special franchises, machinery, fixtures,

buildings, structures and other things existing, erecting or placed upon, in, over, under or aaxed to land or any highway, road, street, lane or public place or water but not the rolling stock of any railway or street railway ;

11. " Municipality " or " city " means the city of Edmonton

12. " Person " includes a corporatioi or partnership ; 13. ( I Resident " means a person residing within the limits

as hereby incorporated ;

of the city of Edmonton ; 14. " Revised assessment roll " means the assessment roll

of the city or of any ward thereof tis finally adopted hy the council ;

15, " Secretary-treasurer " means the secretary-treasurer of the city of Edmonton.

' 3. Wherever the word I' herein " is used in any section of this Ordinance it shall be uuderstood to relate to the whole Ordinance and not to that section only.

4. Where anything is required to be' done on a day whieh falls on any holiday such days such thing may be done on the next judicial day ; but nothing in this section contained shall extend or apply to the days fixed by this Ordinunce for the nomination or election of candidates for the offices of mayor or aldermen.

5. Where forms are prescribed, deviations therefrom not affecting the substance 'nor calculatecl to mislead shall not vitiate the same,-and forms to the like effect shall suffice.

46

c

I 1904

lane, 3 city tions, ,, rail- heat,

I pro- Id for hphic,

)f the purt "

ments 3ment iafter I oses) :

I

I

1

ry tures, in isting, :ed to place

,i 1 way

,on ton

limits

t roll 'y the

irer of

on of wliole

whieh )n the 1 shall )r the yor or

n not I1 not

-. 1904 CITY OF EDMONTON Cap. 19 3

6. Where power to make bylaws, regulations, rules or orders Make includes is conferred i t shall include the power to alter or revoke the alter, .

eb .

same from time to time and to make.bthers.

hereby repealed in so far as they relate to the city of Edmonton; and where any matter or thing is provided for by this Ordinance the provisions of any other Ordinance in relation thereto shall be deemed to be superseded so far as they relate to the said city.

7. All Ordinances inconsistent with this Ordinanhe are Inconsistent ordinances repealed

8. The Municipal O.rdinance (being chapter 70 of theniunicipni Ordinance not to npplr

Consolidt~ted Ordinances of 1898) together with the amendments made thereto in 1899, 1900, 1901, 1902 and 1903 shall no longer apply to the city of Edmonton nor shall any future amendments to the said Ordinance apply to the said city unless i t is specially mentioned therein.

!I. A n Ordinance to Incorporate the Town oj Edmonton Ordinance , ~ j

(being chapter 7 of , the Ordinances of 1891-2) together with ,$:$)uedin the amendments made thereto are hereby repealed ; but this *orce Ordinance shall not be deemed to repeal or affect Ordinance No. 35 of 1900 printed as amended as Schedule A to this Ordinance.

(2) The suid Ordinance No. 36 of 1900 with the amendments thereto shall apply to the city of Edmonton ; but the references in the said Ordinance to The Municipal Ordinance shall be read as fa r as may be as references to this Ordinance ; and the ratepayers whose Rssent is thereby required to certain bylaws therebr provided for shall be the burgesses of the city of Edinonton ; and nothing therein contained shall restrict tho powers of or authority of the city as hcrebg conferred.

TITLE 11,

INCORPORATION : ANNEXATIONS : WARDS.

1. The inhabitants of the locality described as follows, that is to say :

Commencing at the intersection of Rat creek with the Boundnrios Saskatchewan river on lot 26 of the Edmonton settlement according to the Doininion Government plan of survey thereof; thence following the sinuosities of Rat creek aforesaid to the westerly side of the road allowance between lots 22 and 24 according to the said pluu ; thence .due north westerly boundary to the northerly river lot 22; thence west in a direct angle of section '7 in township 53 range 24 west of the fourth meridinn ; thence south along the westerly boundary of said section 7 and section 6 to the northerly boundary of rivcr lot 2 according to said plan of the Edmonton settlement ; thence

' 47 -

4

Powers of council

Council a c o n tinoing body

Council, byla\rs. ctc., of town continucd

Wards

3 ' P

- . Cap. 19 CITY OF EDMONTON .

south along the easterly boundary of Park street (being the production of the line last described) as shewn upon a plan of subdivision of Dart of said river lot 2 recorded in the Land Titles ofice of ihe Northern Alberta land registration district as plan 22a to the point where the said line intersects the creek on the said river lot 2 ; thence southerly following the sinuosities of the creek to the Saskatchewan river ; thence due south to the centre of the bed of the river; thence easterly and following the sinuosities of the centre of the bed of the river to a point due south of the point of cotnmence- ment ; thence due north to the point of commencement ; and such personk as shall hereafter become inhabitants of the said locality are hereby declared to be a municipal corporation under the name of " The City of Edmonton."

Provided that the portion of the said locality lying north of the present boundaries of the town of Edmonton ehall not be subject to taxation for general municipal purposes during the years 1905 and 1906.

2. The powers 04 the said corporation shall be exercised by the council of the city subject to the provisions herein contained as to commissioners.

(2) The council shall be deemed and considered to be alway8 continuing notwithstanding any annual or other election of the inembers composing i t ; and after any such election and the orgauisntion of the council for the next year may take up and carry on to completion ell proceedings comtnenced but not completed by the last year's council.

3. Until a new council is elected under this Ordinance the head aud members of the council of the existing town of Edmonton shall be deeined and taken for all purposes to be the head and members of the couiicil of the corporation hereby created and until altered under the authority of this Ordinance all bylaws, contracts, property, assets, rights and liabilities of the existing town of Edmonton shall be deemed and tnken for all purposes to be the bylaws, contracts, property, assets, rights and liabilities of the city of Edmonton:

4. For municipal election purposes the city of Edmonton rnay be divided into four or more wurds by bylaw.

Alterationsas to'vards

8. The council inay by bylaw from tiirie to time rearrange

6. I n case of an addition to the number of wards each new

be elected und to hold office a9 provided in section 2 of Title 111 of this Ordinance.

7. The council ~irty at any time by bylaw provide that the aldermen s1:all he elected by general vote of the electors of the city instead of by ward*. Such bylaw shall if not passed

48

the liniits of the wards and incy add new wards.

new Eled,fons wards in ward shall be represented in the council by two aldermen to

Provision in Rbnenceof ward systcm

1904

the 3 of ,and brict the the

erly 1 of ace - and the

tion

1 of ' be the

3nCe

ked rein

'ays O f

and U P

not

the O f be

,ion his incl ned 'by 7

ton

ige

e w to

tle

,he ;lie sed

P

. .

. . . ' . . . , . .

. I . . 1904 CITY OF EDMONTON . . Cap. 19 . 5

within three years after this Ordinance comes into f&ce require the assent of a majority of the electors voting tliereoc to be ascertained in the'same manner as the assent of the burgesses is obtained in the case of debenture bylaws. The other provisions of this Ordinance. as to the nomination and, election of aldermen shall apply mutatis mictandis to the aldermen to bo so elected., If such bylaw is passed before the first election held under this Ordinance of the eight ardermen to be then elected the four receiving 'the highest number of votes shall hold office for two years and the remaining four for one year ; and thereafter four'aldermen shall be. elected annually and shall hold 05ce for two pears. If such bylaw is not passed until after the 'first election under this Ordinance only four aldermen shall he elected aunually and they shall hold oEce for two years.

;

~

(3. Whenever two-thirds of the inhabitants of any territory p g t t i o n s adjacent to the city desire annoxation thereto they may present a petition to the council to that effect and (if the council agrees) the said territory may be made part of the city hy proclamation of the Lieutenant Governor in Council on such date and on such terms and conditions ns the Lieutenant Governor in Council rnay think fit.

- TITLE 111.

co uh' c I L.

1. The council of the city shall consist of the mayorconntitation who shall be the head thereof and eight aldermen two ofofcounci1 whom shall be elected by the electors of each ward in the manner hereinafter provided.

2. Of the two aldermen elected for each ward at theRotcrtionor niunicipal elections ,to be held in December, 1904, the receiving the higher number of votes shall hold office for two years and the other for one year ; and thereafter only one alderman slisll be elected annually from each ward and shall hold office for two years.

3. The mayor shall be elected ennually by a general vote of Mayor the electors of the city in the manner hereinafter prolided.

4. No person shall be eligible for election as mayor orz$g;:ror alderman unless he is a natural born or nsturalised subject of election His Majesty, is a male of the full age of twenty-one years, is able to read and write, is not subject to any disqualiticution under this Ordinance, is resident within th'e city or within two mites of the limits of the city and is at the time of the election the owner of freehold, leasehold or partly freehold and partly leasehold real estate,rated iu his own name on the last revised assessment roll of thecity to a t least the value following, viz. :- Freehold $500, leasehold $1,500.

49 ? .

!

, , . . . .

6 Cap. 19 CITY OF EDMONTON 1904

of civil jurisdiction,. sheriff, no use"'of correction, no constable; 6u;uditor - or !'other paid .official ' '

inspe&+ ' of ]ii$nced, no ' pe'rson ' :

. j "p&tn& 'an jnt:e+&t ',in ..hnX. '.!. ' the city 8k, b 'e~ng: indeh~e~:tq ' the,

oi..an e&plijy& of". tile'? city;,"'&id '

v?cfdd"lif treason, felony or,,:bf , aii; :, :

h o?'diith iinprisonmerit for ,"more " ' * -

udified: to' be, d ' me,mber"of the, , ' . '. ",i *,; , . : % : e < . . . . . . ; I , ! . . . . . . . . .. : . ..,,.: :.

. I.. . I . : . . . . . . . . <:.;:; ,.; ..:' , . , . ,, ' y ' 1 ' . : .

6. No person; shall 'b'e 'disqualified , frofri"'beikg 'elected"a ' '

member of ttie,counciI, by reaeon of 'his' being a shal-eholder, 'in . .- any incorporaberi,'compeny having' dealings: or con tracts with ' '

'

, the city or by his havin upwards.of ,any property f rams the city;, but no such, lease- ho!der sha!l-;vote. in the, council on any q.uestiori ..tiff Gcting any lease from the city and 'qo . . Such , . shareholder on any question

. , . -j.

. t Y . 7 . I .

. . . . . .: . . ' . . . ... .. ' > ,

Exceptiona .

a lease of twenty-one years or '

affecting tlie company. : . , , ; .: , I . , . , , , . .

TITLE IV. : ' . . ; . I . . .

. . . . . . I .

. . . . . . . .. , I -- . . . . . . ~ ) . . . . . . . 1: . i

. .

VOTER$ LISTS.

Qtlnliflcntion' oec'ectom

,

1. The persons qualified to vote at elections in the city of Edmonton shall be the men, unmarried women Rnd widows over twenty-one years of age who are assessed upon the last revised asscsament, roll of the city for $100 or upwwds or (in , the case of married men) whose .wives are assessed for $100 or upwards and whose'namee appear.,in the voters' list to be prepared by tho secretary-treasurer under the provisions of the next six sections.

2. The secretary-treasurer shall on or before the fird day of September in cnch year prepare a voters' list which shnll be an alphabetical list of electors and shall c o m p l h the names of those qualiSed to.vote ttt municipal elections in the city ; und he shall post the Rame in I conspicuous place in his office. The list shnll contain opposite the nume, of .tach elector a short description of the property, in respect of which lie is entitled to vote.

3 , 'Any' person who h& been ' resident. in the ' city in' the '

then current year prior to, the first day of July and continuously . since and. who is,-,otherwise duly 'qualified but whosc name ' does not rtbpeir on the voters'.list or who by error is not assessed on the roll high enough to be qualified as a voter or whose nome is put down 'in, error or whose name has been omitted from 'the last revised assessment roll (provided that

Additions to the year's taxes have first been paid on the property in respect of which h e claims' LL .vote) may either by hirnself or his

# .. I . , . .

Prepniation vol;ers'list

. . . . . . . '

AlLemtio),s io votm'list

.

. ---e... i -.A . .,.. ~ ,- .

.1 i ' %!i? PROPERTY OF

1904

>eriffJ no instable;

official I person .in Any id: to'the

!

i' Of the \ ' ' : ..,,.: I ...

jected a M e r in :ts wikli ears or b, lease-

lues tion k any

l e city widows the last s 'or (in . 1100 or

to be ions of

,day of p i d l be imles of v ; tind 3. The 1 short n ti tletl

in the hously . ' I name . is not ter or

I been 7

i that espect - or his 3

t

t f

. , .

CITY OF EDMONTON Cap. 19 . 7 . .

. - 1904

agent apply to hare the voters' list amended upon giving to, ~ . the secretary-treasurer a notice in the following form :

. . . .

. . . . . . . . . . . . . . " . _

. . . . . i . .

, To the 'Secretary-treasurer -of thc city of Edmonton': ' ' '. . .

, , .,. . Take notice ' that I ' .intend "to apply to ' the council to .

have my name added to the voters' list (OT a8 the case mny he) for the following reasons (here, stale the grozmds

. . . . . - according to the facts): .. . . . . _ . . . . . , . , . : , . . . . . . . . . I _ . . , .

. . , '? . I ' . , . . . . , . # . '

. . . . . (Signatyre of Appellant),:' - , '.- . . . . . . . .Appellant.

. . . . o r : : ' . . ,

, . (Name of Appellanf), , ' a

. (.Signature of Agent.), . . . .

Appellant by his agent. '

. . . . _

4. If any person who was qualified as a voter on income has RemorrlR left the city or i f hefore the first day of October in the then f ' f ~ b ~ ; ~ ~ ~ ~ ~ ~ current year LL person has disposed of the property for which 011

he was qualified &s a vcter or if any person's name is wrongfully put down he shall be disqualified as a voter and any elector may apply to the council to have the name of the person so or otherwise disqualified struck off the voters' list and the name of the proper pel-son if any substituted therefor.

Cecretary-treasurer of his intention of applying to the council for that purpose as provided in the preceding section.

i 1 ! TIw person so npplying shall give six clear duys' notice to the

- ' . . -

6. Notices served upon the secretary-treasurer under the Notice two precedinfl sections shall be served on or be_fore the first day of NovcmLer.

6. On or before the fifth day of November the secretrcry- ~ ~ ~ l g ~ n t r treusurer shall make a list of all applicants for amendments to the voters' list statiug names and grounds of each of such aliplicutions ; niid shall post the saine in n conspicuous place in his offics ; and he shall imniediately thereafter notify the parties interested r~f the time And placc fixed by the council for hearing such applications. I

COUl t or mvision 7. On or before the 6fteenth 'day of November in each y'ear

the counc,il shall meet as a f ind court of revision on the voters' list and sliall. then hear and determinetd applications of' which notice has 'been given to'the secretary-treasurer as hereinbefore pr.o+ided ; nnd the secretary.-treasurer ehall thereupon amend the voters' list in all cnses provided for by sections 3 and 4 of' thir title as may be right, end the list so amended shall be the votcrs' list of the city for the ensuing year or until a new voters' list has been' finally revised ; and forth.with thereafter tlic secretary-treasurer shall prepare ' a list of the electors cntitled to vote in each ward designating thereon those not entitlcil to vote for mrcpor in each ward.

61

.

I

8 Cap. .I9 .. . .,CITY 6F .’ EDMONTON 1904

Procedure,eto. 8. As tb the $t,teiidance 6f witnesses and the imposition . and recovery ‘of penalties and as ‘to procedure. the council

w h e i sitting at a final court of revision on the voters’ list as aforesaid shill ‘have the powers and privileges conferred by this Ordinance upon the council in relation t2 the assessment roll.

9. The’ council may by bylaw declare that no person shall

in said bylaw paid all taxes due by him either for the current year or all arrears of taxes or both; and if such bylaw has been passed the secretary-treasurer shall on or before the day then fixed fvr nomination of candidates for ma or and alder-

the names of all persons who have not complied with the, terms of such bylaw which list shall be called “The Defaulter’s List.”

.’

:. . . .

: , . , . . .

Dirqualiflcs-

taxes tion nonpaymentof for be entitled to;Fote who has not on or before a day to be nnmed

men prepare and verify on oath a correct alpha { etical list of

-- TITLE V. . ,

ELECTIONS : GENERAL PROVISIONS.

Returning omcer, eta.

1. The council shall a t least one week prior to the last Monday in November in each’ year hy bylaw appoint a, returning officer for the next municipal elections and also LI. deputy returning officer for each ward ; and shall define the polling subdivisions of the wards (if any are deemed necessary), in which case the council shall appoint an assistant deputy raturning officer for each polling subdivision, and name the place or places therein where the votes are to be polled.

Notice 2. The returning offlcer shall a t least six days previous to the first Monday in December post up in ten conspicuous places in the city a nutice in tlie following form :

.

NOTICE. . .I

City of Edmonton-Municipal Elections, 1904.

Public notice is hereby given that a meeting of the electors of the city of Edmonton will be held (description ‘of place) (on day of the week) the - day of December, 19 , ( h e r c j l l in the date on which thejrst Monday in December falls), from eleven a.m. until noon, for the purpose of nominating candidates for the offices of mayor of the city and an alder- manlor aldermen) for each ward for the next ensuing year.

Given under my hand at Edmonton, this day of

G. H. Returning Officer.

62

i 1 1

7 t

S

1 1 t 5 . E ? 3

I

,

~

, .

. . . . . .

s . . # .

i s04 CITY OF E~MONTON cap. is - Q 3. At the time and place narned in the notice the returningxornination

officer shall declare the meeting open for the purpoee of receiving nominations and -any person whose name appears on the last revised assessment roll may propose or second .the nomination of any duly qualified person to serve as mayor or alderman of the city ; and the meeting shall remain open until noon when if the number of persons nominated to serve as mayor and aldermen does not exceed the requisite number the returning officer shall declare the persons so nominated duly elected.

panied by a written consent from the person named in each nomination to accept the ofice if elected.

persons being nominated the returning officer shall declare 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 following week) the place or places where the votes are to be polled and the deputy returning officer and assistant deputy returning officers (if any) appointed to receive the same ; and also the time and place at which the result of the polling will be declared.

'

4. Every nomination for mayor or alderman shall be accoxn- :tgz&of

5. In the event of more thnn the required number ofpoll

6. Whenever a poll has to be taken the returning officer Notice of poll shall without any unreasonable delay after the nomination, cause to be posted up in a t least ten conspicuous places within the city a notice in the following form :

- NOTICE.


Public notice is hereby given that a poll has been granted for the election of mayor of the city of Edmonton and of an alderman for ward No. 3 (OT as the case mrty be) for the year 1905 and that the polling will take place on (here insert dlcte of polling) the day of 1904, from nine a.m. till five p.m, a t the following places: (Erne t p c i j a polling places.)

And that I will at (describe the place), on (day of the week), the day of , 1904, a t o'clock a.m. sum the votes and declare the result of the election.

of , 1004. day Given under my hand at Edmonton this

G.H., Returning Officer.

within forty-eight hours after the close of the nomination meeting by filing with the returning oficer or deputy returning officer (as the case may be) a declaration in writing to that

53

7. Any candidate nominated may withdraw at any time \Vithdrawa]

1904 . . 10 Cap. 19 ' I . . " ' CITY' OF EDMONTON

effect signed by himself 'in the presence of the returning officer or deputy returning ,officer, a justice of .the peace or notwy public ; and any votes cast for a ctlndidafe who has thus with-

.

drawn shall be.nul1 and void., , ; , , . ' ' '

Abandonment of 011 011 nu Aoient numher of witbdrawtllk

. . , .

8. If by reison o$ ' , &ny sueh withdrawal, or withdrawals the 'number of candidates', remaining in nomination for any office does not exceed , the number. required by this Ordinance to be elected for, such office' the' polling for such office shall not take place ; and. the returning officer shall forthwith post up in ten conspicuous places in the city a notice tp the ..

..:: . , following effect : , , , , . '

. . ' . . . . NOTICE. . .


Whereas, Mr. nominated for the office of alderman for ward No. has withdrawn his candidature for the suid otEce, leaving Mr. the only candidate therefor, I hereby give notice that no voting for the said office will take place on the day of (data of polling).

Dated under my hand a t this day of , 1904.

G.H. Returning Officer.

vote by ballot '3. In case of (L poll a t a municipal election the votes shall be given by ballot.

Ballot boxes 10. Where a poll is required the secretary-treasurer shall procure as many ballot boxes as there are polling subdivisions.

Thcir 11 . The ballot boxes shill be made of sotne durable material, shall be provided with a lock and key and shall l e so constructed that the ballot papers can be introduced therein and cannot be withdrawn therefrom unless the box be unlocked.

coir Nlructioti

12. When it becomes necessary for the purposes of an election to use the ballot boxes it shall be the duty of the secretary-treasurer to deliver the same to the returning oilicer who shall a t least two days before the polling day deliver one of the ballot boxes to every dbputy returning oficer (or assistant deputy returning officer) appointed for the purposes of the election.

13. Where a poll is required the returning oficer shall forthwith cause to be printed at the expense of the city such a number of ballot papers as will be sufficient for the purposes of the eiection.

(2) Every ballot paper shall contain the nuiiies of the duly nominated candidates arranged alphabetically in the order of

54

Thoir distribution

Priuted ballotn

6s

?r 'Y h-

,Is 'Y :e *I 1 3 t e

If e Y e f r'

1

1

I

I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . ~.

. . .. - . . . . . . . L -. . . . - . .

. i 904 CiTY OF E D ~ O N T O N cap. is ' li ' '

their surndmes ; or. (if , there are'two'.or more candidates y i th the,same surname) in the order of $heir na:mes. , ' , .... . . . . :. , . . ! . . . . . . . ,

'1 4. The 'names of: 'the candidtkes f o r may& shall not be Their ooate11ts included in the same 'ballot with the names,'of the candidates for aldermen ; but one kincl' or set' o f , ballot papers shall be prepared for all the wards containing the nanies of the candidates for mayor ; and another kind or set shall be prepared for each ward containing the nanies of ,candidates. for aldermen in the ward: .. . .

Provided that until a wardsystem is established the names of the mayor and aldermen ' nmy be included in the same ballot.

,

. . . . . . . . . . I . .

. . . . . .

15. The bttllot papers shall be 'in the following forins : Form of ballot

FORM FOR MAYOR.

. ~.

, . . ,ALLAN. ' ' ' .

CHARLES ALLAN, of the City ,of Edmonton, , . Merchant. ;

. .

BROWN. ; . . WILLIAM BROWN, of the City of Edmonton,

. _. Banker. , , . I

. . FORM FOR ALDERMAN. ' ' . .

. . -- , .

a4 i 1 . : .ARGO. , , : , O W j E O

3 3 Y j . . . . . . Gentleman. , k

&*Gg -4 a g ) - , . . . . s * :

1 JAMES ARGO, of the City of 'Edmonton, ' " '

. . . .

' , ' BAKER. . e'

bl

BAKER, of tl&ty of Edmonton, . . Baker. ' .

. .

, : , ' .

DUNCAN. ROBERT DUNCAN, of the City of Edmonton

Printer. . . . .

. . 16. Before the opening of the poll the returning officersupplicsto

shall deliver or cause to be delivered to every deputy return- d e t ~ u t , ~ rcturniug ing officer the ballot papers which have been prepared forotncera

55

4 t

i d Cap. 19 CITY OF hDbONTOld 1964

use in the ward for which such deputy returning officer has been appointed to act and such other materials as are necessary in order to enable the electors to mark their ballot papers ; and such ballot papers and other materials shall be delivered by the deputy returning officer of the ward to

' his assistant -deputy returning officers if any have been appointed. -

Diroctioons voters for 17. The returning officer shall before the opening of the poll deliver or cause to be delivered to every deputy returning otlicer such number of printed directions for the guidance of voters in voting aa he may deem sufficient.

(2) Such directions shall be printed in conspicuous characters and may be according to the following form :

DIRECTIONS

For the guidance of voters in voting. The voter will go into one of the compartments and' with

the pencil provided in the compartment place a cross thus X on the right hand side opposite the name or naines of tlie candidate or candidates for whom he votes or a t any other place within the,division which contains the name or names of such candidate or candidates,

,

The ,voter will fold up the ballot paper so as to show the name or initials of the deputy returning officer (or assistant deputy returning officer as the case may be) eigned on the back and leaving the compartment will without showing the front of the paper to any person deliver such ballot so folded to the deputy returnin officer (or assistant deputy returning officer

If the voter inadvertently spoils the .ballot paper he may return i t to the deputy returning officer"'(or assistant deputy returning officer as the case may be) who will if satisfied of such inadvertence give him another ballot paper.

8s the case may % e) and forthwith quit the polling place.

If the voter votes for more candidates for any office than he is entitled to vote for his ballot paper will be void' as far as relates to that oilice 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 piper has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified it will be,.void and will not be counted.

If the voter 'takes a ballot paper out of the polling' place or deposits in the ballot box any other paper than the one given to him by the officer he will be subject to imprisonment for, any term not exceeding six months with or without hard

56 ' labour.

_I-

W o w m o

p 1- V Q ,

E 5 8 Q)yr*

S O E : h Z 3 O V f i e v c o c g E 3 z g %a

z yhg

a'

13 C f Y OF EDMONTON Cap. 19 1904

the candidates are for mayor Jacob Thompson and. Robert Walker, for aldermen John Bull and Morgan Jones and the elector has marked the first ballot paper in favour of Jacob Thornson for mayor and the second ballot paper in favour of John Bull for alderman.

I n the following forms of ballot paper given for illustration .

THOMPSON

X Jacob Thompson of the city of Edmonton, g Merchant.

s ps

2

g WALKER Robert Walker of the city of Edmonton,

Physician.

-

w O W m 0

P 'O 8 hd S ' G 3 :

42 & - Q

22: 2% c

a'gg 8 g f s a .I

-* . w

BULL

X John Bull of the city of Edmonton, Butcher.

0

8 2 w

n4 21 ZONES

Morgan Jones of the city of Edmonton, Grocer.

18. Every deputy returning officer (cr ,massistant deputy Posting UP or returning officer) shall before the opening of the poll ordirectiona immediately after he has received the printed directions from the returning odcer (if he did not receive the same before the opening of the poll) cause the said printed directions to be placarded outside the polling place for which he is appointed to act and also in every voting compartment of the polling place and Rhall see that they remain so placarded until the close of the polling.

19. Every polling place shall be furnished with a compart- Voting ment or compartments in which the voters can mark their votes screened from observation and it shall be the duty of the returning officer to see that a proper compartment or compurtrnents for that . purpose is provided at each polling place.

57 '

3 4

Poll book

iU04 80. The returning o5cer shall before the poll is opened

returning o5cer a copy certified by the secretary-treasurer to be a correct copy of the voters' list for the ward or polling subdivision for which such deputy returning ofher or assistant deputy returning officer is to act together with a copy certified by the secretary-treasurer of the defaulters' list for the ward or polling subdivision and a blank poll book in which to record the names and qualifications of the electors who vote.

14 Cap. 19 CITE OF E D ~ O N T O ~

COPY voters' 11Rt

deliver to every deputy returning o5cer and assistant deputy

2 I . The poll book shall be in the following. form :

m r

s I 8

Obrtiflcntc to . 2% The secretarg-treasurer on the request of any attelltiing elector who. has been appointed deputy .returning officer o r pol, assistant deputy returning officer or poll clerk or constable or

as agent of 8 candidate 'to attend a t any polling place other 68

perRonri

I-

YO4 ned U t Y : to ling ;ant fied ,urd

to e.

-1 I

-1 I

- -1 I

-

-

-

-

_.

- --

-I

I I

--I

any r o r e or the r

.i

1504 CITV OF 2DMONTON Gap. 19 16

than the one where he is entitled to vote shall give to such elector a certificate that he is entitled to vote tit the polling place where he is to be stationed during the polling day; and the certificate shall also state the property or other qualification in respect of which he is entitled to vote.

returning officer, assistant deputy returning officer, poll clerk constable or agent shall hare the right to vote a t the polling place where he is stationed during the polling day instead of the polling place where he would otherwise have been entitled to vote; and the deputy returning officer (or assistant deputy returning officer) shall attach the certificate to the vote$ list ; but no such certificate shall entitle such elector to vote a t such polling place unless he has been actually engaged 3s such deputy returning officer, assistant deputy returning officer, poll clerk, constable or agent during the whole of the day of polling; nor to vote for alderman or aldermen except in the ward where he would otherwise be entitled to vote.

.

23. On the production- of the certificate the deputy Rightson production of

2 oertiflmto

24. I n case a deputy returning o5cer (or assistant deputy returning officer) votes at the polling place to which he has persons been appointed as such the poll clerk appointed to act at the polling place or (in the absencc o€ the poll clerk) any elector authorised to be prese’nt mey administer to the deputy returning officer (or assisttint deputy returning officer) any of the oaths required by law to be taken by voters.

- TITLE VI. .’ .

ELECTIONS : PROCEDURE.

1. In this title the deputy returning officer ( c assistant Interprctatiou deputy retnrning officer) acting as such at any polling place a t a inunicipal election is referred to “ as the officer presiding a t the poll.”

‘

2. The officer presiding or appointed to preside atPouclerlis any poll a t an election may by writing under his hand appoint a poll clerk who in the absence of the deputy returning officer (or assistant deputy returning officer) or in case of his illness or inability to fulfil the duties required of him by this Ordinance shall have the powers of the officer by whom he was appointed.

returning officer) may also appoint a constable to maintain order at the polling place or he may suminon to his assistance in the po!ling place any police constable or peace officer for the purpose of maintaining order or of preserving the public peace or preventing any breach thereof or of removing any person who in the opinion of the officer presiding a t the poll

59

(2) The deputy returning officer (or assistant deputy Constables

16

Oath

Duratioir oe POII

Agents

One vote for mayor

Vote in each ward Por aldermcn

Penalty

Evidcnce OP voting

. - 1 . ’

dap. 19 CITY OF E D ~ O X T O N 1904

is obstructing the polling or wilfully violating the provisions of this Ordinance,

3. Every returning officer, deputy returning officer, assistant- deputy returning ofher, poll clerk, constable, candidate or agent authorised to be present at any polling place before exercising a t any polling place any of the rights or functions of the o6ce for which he has been so appointed shall take and subscribe before a justice of the peaco or before the secretttry- treasurer or (in the case of H poll clerk or constable or agent) before the deputy returning officer or assistant deputy returning officer at whose polling place he is appointed to act an oeth in form following:

‘I I, A. B., do swear that I will not a t any time disclose to anyone the name of any person who has voted at the election to be held in the city of Edmonton on the day of A.1). ; 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 uiilawful discovery of the same ; and that I will keep secret all knowledge which may come to me of the person for whom any elector tias voted. So help me Clod.”

4. The polls shall be kept open from nine o’clock in the forenoon until five o’clock in the afternoon of the same day.

5. Any per8on producicg to the officer presiding a t the poll at a s y time a written authority to represent a candidate as his agent at a polling place shall be. recognived as such by the said officer.

9. Every elector may vote once only for mayor.

‘7. Every elector may vote for alderman (or nlclei.men\ once in each ward if his name (or a name intended for his) appears upon the voters’ list fur the ward but not otherwise; and where an elector is entitled to vote for aldermen in more than one ward the secretary-treasurer shall having regard to the electors request, if any, determine one ward in which only lie may vote for mayor.

8. Any person who votes more often than he is entitled to do under the provisions of this Ordinance shall incur a penalty of 350. ’

9, The receipt by any voter of a ballot paper within the polling booth shall be prima fucic evidence that he has there and then voted.

Eshibition oe 10. The officer presiding at the poll shall immediately After the.opening of tho poll show the ballot box to such persons as are present in the polling place so that they may see that it is

ballot box

60

1904

visions

jistant- ate or I before hctions ,ke and re tary- 9 agent)

to act

:lose to :lection

; and ndiclate not in

id that 3 of the Id.’’

PePutY

in the day.

he poll e as his by the

n ) once appears 3e; and ire than

to tlre mly lie

itlecl to penalty

hin the tzs there

I

!ly after rsons as iat i t is

,! i 6

, 4

1904

- . . . . . I . .I

. . . . . . . .

. . , .

r .

CITP O F EDMdNTON Cap. 19 i r empty ; he shall then lock the box and place his sen1 upon it in such a manner as to prevent its being opened without treeking the seal ; and he shall then place the box in his view for the receipt of ballot papers and shall keep i t so in his view and locked and sealed duriug the hour8 of polling.

.

11 . Where a person claiming to be entitled to vote presentshocedure himself for the purpose of voting the officer presiding at the in voting

poll shall proceed ar follows : (1) He shall ascertein that tho name of such person (or a

name apparently intended therefor) is entered upon the voters’ list for the ward or polling subdivision for which the said officer is appointed to act.

(2) He shall record (or cause to be recorded by the poll clerk) in the proper columns of the poll book the name, qualification, residence and legal addition of such person.

(3) Where the vote is objected to by any candidate or his agent the officer presiding a t the poll shall enter the objection in the poll book by writing his initials opposite the name of such person in the colunin headed ‘ I objected to,” noting a t the same time by which candidate or o$behalfof which candidate the objection has been made by adding after his initials the name or initials of such candidate.

(4) If the voter asks to be sworn the returning officer shall administer to liinl 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 list to the voter) ;

That you have not voted before a t this election, either at this or any other polling place in this ward and ( i f t he elector is tendering his vote for mayor) that you have not voted before or elsewhere for mayor at this election ;

That you have not, directly or indirectly, received any reward or gift, nor do you expect to receive any €or 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 team or any other services connected with this election ;

And that you have not, directly or indirectly, paid or proinised anything to any person, either to induce him to vote or to refrain from ~ o t i n g at this election ;

So help you God.

(5) If the voter takes any one of the said oaths the officer presiding at the poll shall receive the vote and shall enter (or cause to be entered) opposite such person’s name in the proper

- _ 61 ._

1 18 Cap. 19 CITY OF EDMONTON 1904

column of the said poll book the word “Sworn,” or “Aflhred,” according to the fact.

(6) Where the voter has been required to take the oath or affirmation and refuses to take the same the officer presiding a t the poll shall enter (or cause to be entered) opposite the name of such voter in the proper column of the poll book the words Refused to Swcur ” or “Refused to A.fiirnz ” according to the fact and the vote of such person shall not be taken or received; and if the deputy re turnbg oficer or assistant deputy returning officer talres or receives such vote or cuuscs the same to be taken or received he shall incur a penalty of $100.

(7) When the p ~ ~ ~ p c r entries respecting the person so cluiniing to vote have been made in the poll book in the manner prescribed the officer presiding a t the poll shall place a check or mark opposite to the name of the voter in the voters’ list to indicate that the name of such person has been entered in the poll book and that the person has been allowed 4 to vote; and shall then sign his initials on the back of the 7

(8) Escept in the case mentioned in subsection 6 the ballot i paper shall then be deliv8red to the voter. I

12. The officer presiding a t the poll niay and upon request 4 shall either personally or through his poll clerk explain to 1 the voter as concisely as possible the proper method of ‘ G

- 1 i

- ~

,

, i

ballot paper. 3

Explnnntion to voter

I voting. I

Breachof duty

t&;;;;i(l*l1g

IS. Every deputy returning officer (or assistant deputy returning officer) who rtlfuses or wilfully omits to s i p his initials upon the back of uny ballot puper as provided for hy subsection 7 of section 1 1 of this title shall forfeit to any person aggrieved by such refusal or omission, the sum of $100 in respect of every ballot puper deposited iu the ballot box a t his polling subdivision upon which the said deputy returning officer (or awistunt deputy returning officer) has not signed his initials as aforesaid.

$ f

‘

Q

poll Initinling book 11. The officer presiding a t the poll shall place in the * columns of the poll book headed crmayor,” “aldernit~n ” and

“school trustee” (as the crkse may be) his initiuls opposite the name of every voter receiviiig R ballot paper to denote that the voter has received u ballot paper for mayor, alderman or school trustee as the case may be.

idarklng of ballot

15. Upon receiving froin the officer presiding a t the poll the ballot paper prepared as aforesaid the voter shall forthwith proceed into the compartment provided for the purpose and shall then and therein mark hir bnllot paper in the manner mentioned in the directions contained in section 17 of Title V of this Ordinunce’by placing a cross-thus X--on the right- hand side opposite the name of any candidate for whom he

64 - - - - - - --- --- --- - - - -

19c

des; con hal: dati e=F me1 a n j to D has folc unf can Pa€ PaF “to I the

I p” 1’ to c he c PaF

I OffiC

Pa1

fort enti effes salt to OffiC ball

I be (

of a atio s a t reli by .&

I . the bc I per:

2 be t sucl VOtl Qnd

pol 1

salt

PhJ

1904

Led

h or cling

the : ‘the

n or 3tnnt wses

3g to

;y of

n so 1 the place 1 the been

owed E the

ballot

quest ,in to XI of

ePutY ;I! his XI for ‘eit to uin of ballot leputy 3s not

in the ” and

ite the e that :]an or

011 the thwith se and rianner ritle V j right- i

loin he !:

g

. . . . . . . . . . -

C .

. . . . - .

- . #

1904 CITY OF EDMONTON. . Cap. I 9 19

desires to vote or at &y other place withiu the division which contains the name of the candidate. H e . shall then fold the ballot paper’ across so as to conce.4 the names of the candidates and the marks upon the face of the paper and so as to expose the initicls .of* the said officer and leaving the compartment shall without’ deldy and without showing the front to any one or so’.displaying the ballot paper as to tnake known to any person the names.of the,candidates for whom .he has or .

haR not marked his bal1,ot paper deliver the ballot paper so folded to the officer presiding at the poll who shell without unfolding the same or in any way disclosing the names of the candidates QY the markg made by the voter upon. the ballot ’

paper verify his own initials’ dnd’ at phce ‘deposit: ,the ballot paper in.the ballot box i,n the. presence of all personi entitled ,

to he present and then being present in t h e polling place ; and .

.. the voter shall forthwith leave the polling,place. . , . , . : ’ . :. . . . . . . . - . , . . . * .

, . . . . I .

16. While .a voter. is .in a voting co,n:partment. for thesecrecpoi purpose of .marking his’ ballot paper no person shall be idlowed vote to enter the coiripartment or to be in any pdsi‘tion from ,which ’

he can observe the.mode in which the voter marks his ballot paper. , .

officer presiding a t the poll 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 mine to the said officer in the manner prescribed shall thereby forfeit his right to vote; and the said officer shall make an entry in the poll book in the coluinn for “remarks,” to tohc effect that such person received a ballot paper but took the same out of .the polling place or returned the mine declining to vote as the case may be ; and in the latter case the said officer shall immediately write the word “declined ” upon such

17. No person who has ‘received a ballot paper from the Ballotreceived but not used

, ’

ballot paper and shall preserve the same. . .

18. In the case of an applici~tion by.”a person claiming to Innbilit,y, ct.c., be entitled to vote who iR incapacitated by blindness or other physical cause fiom marking his ballot paper or in the case ,of a person claiming to be entitled to vote who makes a declaration that he is unable to read or (where the voting is on a Saturday) that he is of the Jewish persuasion and objects on ‘ , religious grounds to mark his. ballot in the manner prescribed ,

by sectionrl5 of this title. the proceedings shuWbe ‘as follows : I . The officer presiding a t the poll shall in the prefienceof

the agents of the candidates cause the rote of such person to be inarked on a bullot paper in the manner directed. by such person and shall immediately place the ballot in the ballot box ;

2. The officer .presiding at, the poll. shall state or cause to be stated in the poll book by an entry opposite the naine of such person in the proper’ column .of the poll hook that the vote of such person is uiarked in pursuance of this section find the reason why i t is so marked ;

, . . .

. . -. . . . . . - ~ ..... 8 ... ..- ....--, ... .- -_ _I _ .__ ...,, . . . . _ _ . . . . . . . .

I .

20

. .

I . a .

cap. 19 CITY OF EDMONTON 1904

3. The declaration aforesaid may be in the following form : I, A.B., of , being numbered on the

voters' list for polling subdivision No. of the city of Edmonton, , being a duly qualified elector of the said city of Edmonton, do hereby declare that I am unable to read (or that I am from physical incapacity unable to mark a voting paper, or, that I object on religious grounds to mark a ballbt paper, us the case nzay be).

- in ward No.

A. B. his (X) mark. - Dated this day of -A.D. 19 -; 4. In the case of a person who objects on religious grounds

to mark a ballot paper the declaration may be made orally and to that effect and such declaration shall at the time of the polling be made by the person claiming to be entitled to vote before the officer presiding at the poll who shall attest the sume according to the following form :

I, C.D., the undersigned, being the deputy returning officer

polling subdivision No. ) of the city of Edmonton, do hereby certify that the above (or a8 the case may be) declaration, having been first read to the above named A.B., was signed by hirn in my presence with his mark (or in the case of one who objects on religious grounds to mark a ballotpaper) mas orally made before me.

(or assistant deputy returning officer) for ward No. (OT in ward No.

(Signed) C.D. De?uty Returning Officer,

(or Assistant Deputy Returnin Officer). Dated this day of A.5. 19 ;

Brllotspoiled 19. A person clairnino to be entitled to vote who has .before rating inadvertently dealt with k s bsllot paper in such a manner

that it cannot be conveniently used as a ballot paper may on delivering to the officer presiding a t the poll the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfuction of the said officer receive another ballot aper in the pldce of the ballot paper. so delivered up ;

" Cancelled " upon the bnllot paper so delivered to him ; and he shall preserva the same till he makes his return under section 31 of this title.

Perions 20. Duriug the time appointed for polling no person shall inpolllngplacebe entitled or permitted to be present in the polling place

other than the officers, candidates, poll clerks, constables or a ents authorised to attend at the polling place and the voter

2 1. In every polling place the officer presiding at the poll shall immediately after the closing of 'the poll in the presence of the poll clerk (if any) and of such of the candidates or of their a ents as may then be present open the ballot box and

Be shall examine the ballot papers and any ballot paper $3

and t K e said officer shall immediately write the word

entitled to be

w % o is for the time bcing nctually engaged in voting.

procee d to count the votes as follows :

.

Procedure on dose of poll

19

wi

\f. 1

id '

be

O f re re

VC

0 I1

n-;

VCI

VC \- C

01

b il 01,

0 V&

ur i 11

O n in dc

\'G

re,

din

fo

If. I

eo'

be

an an

en cl il

80 atr g1 ' D I I

1904

wm: . I the

&or : am iable unds

1

I

lunds and

t' the I vote t the

Ifficer . (or ity of ! case .anled

srlc a :or in

er). 7

1 has anner #ay on

inad- iother

word I ; and under

Paper

d u p ;

n shall place

bles or ! voter

le poll :esence

or of ox and

' paper

-

1904 CITY OF EDMONTOS Cap. 19 21

which has not on its back his initials or on which more votes are given than the elector is entitled to give or on which anything except the initials of the said officer . on the back 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 be void and shall not be counted. A ballot paper on which votes are given for a greater number of candidates for any office than the voter is entitled to vote for shall be void as regards all the candidates for that office but shall be good as regards the votes for any other offices in respect to which the voter lies not voted for more candidates than he is entitled to vote for.

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 shell decide any question arising out of the objection.

23. Every objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialed initialled by the officer presiding at the poll.

2%. The officcr presiding e t the poll shall take a note of any ,",;w;;IIs to

I

, .

Ballot to be endorscd XP. Theofficer presiding a t the poll shd l indorse "rejected

on any ballot paper which he rejects as invalid and shall indorse rejection objected to" if any objection is made to his decision.

votes given for each candidate upon the ballot papers not rejected and shall make up a written statement in words as well us in figures of the number of votes given for each can- didute and of the number of bnllot papers rejected and not counted by him which statement shall be made under the following heads :

( a ) Name or number of ward or polling subdivision and

( b ) Number of votes for each candidate ;

. . b 9 2a. Tlie officer presiding. a t the poll shall then count up the Count

date of election ;

(c) Rejected ballot papers. . .

24;. 'Upon the completion of the written statement i t shall Signed be signed by tlle officer presiding at the poll, the poll clerk (if sh'cment any) and such of the candidates or their agents as are present and desire to sign such statement.

entitled to be present at the same time in ' any polling plnceCo"'lt, cluring the voting or the counting of the votes. .

so to do shall deliver to em!? of the persons authorised tocO''nt attend a t his polling place a certificate of the number of votes given nt that polling place for ench candidate und of the number of rejected ballat papers.

65

31. Not more than two agents of any candidate ihall be Agentsat

2% Every officer presiding a t a poll upon being requested Certificate oi


Certificateon 29. Every officer presiding at a poll shall a t the close of poll book and seal ingupof the poll certify under his signature on the poll book in full packages words the total number of persons who have voted a t the

. polling place a t which he has been appointed to preside ; and shall a t the completion of the counting of votes in the presence of the candidates (or agents of the candidates) make up into separate packets, sealed with his seal and with the seals of such candidates or agents of candidates as desire to affix their seals and marked upon the outside with a short statement of the contents of such packet, the date of the election, the name of the officer presiding a t the pollband of the ward or polling subdivision.

( a ) The statement of votes given for each cmdiditte and

( b ) The used ballot papers which have not been objected

(e) The ballot papers which have been objected to but

( d ) The rejected ballot papers ; ( e ) The spoiled ballot papers ; (1) The unused ballot papers ; (9) A statement of the number of votera whose votes

have beeh marked by the oflicer presiding a t the poll under section 18 of this title with the dcclurations of inability ; and the notes taken of objections made to ballot papers found in the ballot box.

30. Before returning the voters' list and poll book to the returning officer the officer presiding a t the poll shall make and subscribe before a justice of the peace or before the poll clerk his declaration under oath that the voters' list end poll book were used in the tnanner prescribed by law and that th3 entries required by law to be riiade therein were correctly made ; which declaration may be in the following foriii :

I, C.D., the undersigned deputy returning officer (or assistant deputy returning oflicer for ward No. (or for polling subdivision No. of ward No ) of the city of Edmonton, do solemnly swear (01' if he is a person permitted by law to aflrm do solemnly affirm) that to the best of my knowledge the anuexed voters list and poll book used in and for the said ward (OT polling subdivision) a t the election held on the day of December, 19 , were so used in the manner prescribed by law and that the entries required by law to be made therein were correctly made.

Deputy Returning Officer,

of the rejected ballot papers ;

to and have been counted ;

which have been counted by him ;

Deputy,Yoath onreturn

(Signed) C. D.

(OT Assistant Deputy Returning Officer.) , this

Justice of the peace (or as the case may be).

I Sworn (or affirmed) before me a t day of A.D. 19 .

(Signed) K. Y.,

66

i 9c

ant vo t tim

L i

ret; all;

per out Per a P bal

Call

*.: u

ma, reti ent.

1 2 8 4 .5

tlie 6

'whi hea Pal'

3 P"P glvl sed the hall thc decl higl elec stat ' for 1

3 afoi. equ; quai of ti

3 any

1904

3se of 1 full t the ; and sence

in to als of their

mt of name dling

3 and

sected

3 but

votes

, t ion s made

5 poll

ro tlie make ; poll

I t th3 Sectly

stunt ~ l l i ng

bitted f my

and iction were

itries

1 poll

ty of

ticcr.) , this

Y be).

1904 CITY OF EDikOHTOd cap . 19 23

and shall thereafter be annexed to the voters’ list land such voters’ list, poll book and declaration may be inspected at any time in the presence of the secretary-treasurer by any elector.

returning officer) shall forthwith deliver such packets person- r&E: ally to the returning Officer; and if Gowing to illness or other caiise he is unable to do so. he shall deliver such packets to a person chosen by him for the purpose ; and shall write on the outside of the cover of each of the packets the name of the person to whom the same has been so delivered and shall take a proper receipt therefor. H e shall also forthwith return the ballot box to the returning officer.

81. The deputy returning officer (or assistant deputy Delivery to

32. The packets shall be accompanied by a statement Ballot made by the deputy returning officer (or rzssistant deputy account returning pfficer) showing the number of ballot papers entrusted to him and accounting for them under the heads of

1. Counted; 2. Rejected ; ’

3. Unused: 4. Spoiled ; 5. Ballot papers given to voters who afterwtlrds returned

6 Ballot papers taken from the polling place the Same declining to vote ; and

which statenient shall give the nutnber of papers under each h e d and is in this Ordinance referred to as “The Ballot Paper Account.”

3% The returning officer after b e hns received the ballot Suminmy by returning

papers and statements before mentioned of the nuiribcr of votes omccr of given in each pollinc place shall without opening any of the senled packets of ballot papel’s cast up from the statements the number of votes for each candidate, and shall ut the city hall or at soiiie other public place at noon on the day following the return of such ballot papers and statements publicly declare to be elected tlie candidate or candidates having the highest number of votes for each office to be filled by the election; hc shd l also put up in some conspicuous place a statement under his hand showing the number of votes polled for each candiclate.

3-4. In case i t Appears upon the casting up of the votes as Returning omcer’q aforesaid that two or more candidates for any office have an

equul number of votes the returning officer whether otherwise qualified or not shall tit the time when he declares. the result of the poll give a casting vote so as to decide the election.

casting vote

33. Except in such case no returning officer shall vote at Andnoother any election.

67 I

, . . .


not dis- qmlified

Assumption of omce

Retur? by returlling officer to secrekTry- treasurer

De3truction of ballots

Inspection

Ordcr for

Recoil ti tt

Dcposit

Other officials 36. All deputy returning officers, assistant deputy returning officers, poll clerks and constables shall if otherwise qualified be entitied to vote.

37. The person or persons elected as aforesaid shd l make the necesshry declarations of oEce and qualification and shall assume office accordingly.

38. Forthwith after the election the returning officer shall deliver to the secretary -treasurer tbe ballot boxes, packets and returns aforesaid and the secretary-treasurer s h d l thereafter Le responsible for their safe keeping and for their delivery when required.

3!J. The secretary-treasurer shall retain for one month all ballot papers received by him us aforesaid and shall then unless otherwise ordered by a judge cause them to be destroyed in the presence of two witnesses whose affidavit that they have witnessed the destruction of the said papers shall be taken before the mayor or a justice of the peace and filed by the secretary-treasurer among the records of the city.

40. No person shall be allowed to inspect any ballot papers in the custody of the secretary-treasurer except under order of a judge to be granted by tlie judge upon satisfactory evidence on oath that the inspection or production of the Lnllot papers is required for the purpose of maintaining a prosecution for an offence in relation thereto or for the purpose of taking proceedings under this Ordinarice to contest an election or return ; and any such order for the inspection or production of ballot papers shall be obeyed by the secretary-treasurer.

4 I . The order shall state the time and place for inspecting such papers end shall name the persons to be present at such inspection and shall be made subject to such conditions ns the judge thinks expedient.

4% In case at any time within fourteen ilaysfrom the time when' the ballot papers used a t any election liavc becn received by tlie secretary-treasurer i t is on the affiduvit of a credible person made to appear to tt judge that o, deputy returning officer (or assistant deputy returning officer) in counting the votes given at any election has improperly counted or rejected any Lallot papers the judge may appoint u 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 recouxh the same.

43. At the time of the applicatiop for a recount the applicant shall deposit with the clerk of the 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 the order of the judge.

68

i o

bc re Pc- to

to t r t h P: tl.

bt tc ot bt b:i t h di

U:

UC rc (e 121

SI I

tll tl, ta

st:

C a 01' 1'c btl a I W ' SI1 \v ,

al-1 1'C re vc vc br 81'

vc

.904

ling ified

lake ;hall

;ha11 and

If ter very

I all then Iyecl. they 1 be 1 by

,pers d e r tory nllot ition king n or In of

:ting such

I the

time becn i t of

*) in ierly may

xuse h t e s 7 he

P u b

.ppli- $25

said If the

/

I

1904 CITY OF EDhIONTON Cap. 19 25

44. The judge, the secreta,ry. treasurer with the ballot Attendance boxes and each candidate and his agent notified t o 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 a t the recount of the votes.

45. At the time and place appointed the judge shall proceed r;';;;;~ to ?ecount all the ballot papers received by the secretary- packets treasurer from the returning officer as having been given in the election complained of and he shall in the presence of the parties aforesaid if they attend or in the presence of such of then] as do attend open the sealed packets containing ( a ) the used ballot papers which have not been objected to and hare been counted ; ( b ) the ballot papers which hare been objected to but which have been counted by the deputy returning officer (or assistant deputy returning officer) ; (c) the rejected ballot papers ; ( d ) the spoiled ballot papers ; and ( e ) the unused ballot papers. In recounting the votes care shall be taken that the mode in which any pwticular voter has voted shall not he discnvered.

4G. The judge shall as far as practicable proceed contin-Tilue uously with the recount of the votes allowing only time for refreshment excluding only Suiidays and on other days (except so far as he and the parties aforesaid agree) the hours between six 3'clock in the evening and nine o'clock on the succeeding moiming. During the excluded time the judge shall plwe the ballot papeis and other documents relating to the election under his own seal and the seals of such others of the parties t ~ s desire to affix their seals and shall otherwise tultc precautions for the security of the papers and documents.

41. The'judge shall proceed to recount the votes as follows :Mode 1. He shall examine the ballot papers. 2. Any ballot paper on which votes are given for inore

candidates than are to be elected for the office in question or on which anything except the initials of the deputy returning officer (or assistant deputy returning officer) on the back is written or marked by which the voter can be identified and any biillot paper which has been torn, defaced or otherwise dealt by the voter so that he can thereby be identified shall be void and shall not he counted. A ballot paper on which votes are given for a greater number of candidates for any office than the voter is entitled to vote for shall be void as regards all the candidates for that ofice lout shall be good as regards the votes for any other ofice in respect to which the voter has not voted for more candidates that he is entitled to vote fo r ; but no word or inark written or made or omitted to be written or innde by the deputy returning officer (or assist- an t deputy returning officer) on a ballot paper shall affect the vote.

3. The judge shall take IL note of any objection made by a

cou 11 ting

69

26

Costs

Cap. 19 CITY O F EDMONTON 1904

candidate or by his agent to any ballot paper ani1 shall decide any question arising out of the objection ; and the decision of the judge shall be final.

4. The judge shall then count up the votes given for each candidate upon the ballot papers not rejected arid shall make up 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 state-

. rnent shall be made under the several heails following: ( a ) Names of the candidates ; ( b ) Number of votes for each candidate ; ( c ) Ballot papers wanting initials of deputy returning

o5cer (or assistant deputy returning officer) ; ( d ) Ballot papers rejected as marked for more candidates

than were to be elected ; (e) Ballot papers rejected as having upon them a writing

or mark by which the voter can be identified or as torn, defaced or otherwise detilt with by the voter so that he can thereby be identified ;

( f ) Ballot papers rejected as unmarked or void for uncertainty.

('2) Upon the completion of the recount or as soon as he has thus ascertained the result of the voting the judge shall seal up all the ballot papers in separate packets and shall forthwith certify .the result to the secretary-treasurer who shttll thereupon by notice to be posted in his office declare elected the candidate having the highest number of votes ; and in case of an equality of votes the secretary-trenrurer shall have the casting vote.

(3) Nothing in this section contained shall prevent or affect any remedy which any person may have under the provisions herein contained by procecdings in the nature of quo wawanto or otherwise.

4% All costs, chnrges and expenses of and incidental to a11 application for u recount ant1 to the procecclings consequent thereon shall be defrayed by the parties to the application in such nianner and in such 1)roportion as the judge may deteriiiinc regard being had to any costs, charges or expenses which in the opinion of the judge Lave been caused by vexa- tious conduct, unfounded ullegations or unfounded objections on the part either of the applicant or the respondent.

(2) The costs shall be on the supreme court scale and may (if the judge so orders) be taxed in the smue nianner and according to the same principles as costs are taxed between solicitor and client..

(3) The pajment of any costs ordered by the judge to be paid niay be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount a t which the costs were taxecl and an affidavit of the nonpayment thereof. .

79 -

1904

49. (n

( 1

(c

( -7

(e

( i

(2)

(3)

in thic

liable term :I

tml if c s cc eci

50. assist ii nny \\

contra i i i iuld be S U i J act or

51. polling of the

interfc nlarlii a t t h e tlstes vote Q

(V at tin;

(2)

04

de Of

Ch ke 11 c )er te-

"hv

tes

"nrr as ,so

lor

11 e all ,all rho ttre

' ,nd d l

ec t ins nto

I to en t ion my

xa- ons

l ay m d een

be the

I nt en t

Ises

4

1904 CITY OF EDMONTON Cap. 19 27'

Pond ties 49. No person shall- (a ) Without due authority supply any ballot paper to any

person ; or ( b ) Fradulently put into a ballot box any paper other

than the ballot paper which he is authorised by law to put i n ; or

(c) Frauciulently take out of the polling place any ballot paper; or

( J ) Without due authority destroy, take, open or otherwise interfere with any ballot box or packet of ballot papers then in use for the purpose of the election ; or

( e ) Apply for a bdlot paper in the name of some other person whether such name is that of a person living or dead or of a fictitious person or advise or abet, counsel or procure uiiy other person so to do; (but tliis provision shall not he construed QS including a person who applies for a ballot paper believing that 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 and not being entitled to vote again a t an election apply a t 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 corninit any offence specified in this section.

(3.) A person guilty of any violation of tkis section shall be linble if he is the returning officer to imprisonment for any term not exceeding two years with or without hard labour ; irntl if lie is any other person to imprisonment for a term not cscceding six inon'tlis with or without hard labour.

BO. Every returning officer, deputy returning office^*, Pon:tltica assistant deputy returning officer or poll clerk who is guilty of any wilful misfeasance or any wilful act or omission in contruvention of sections 2 to 49 inclusive of this title shall i n addition to any other penalty or liability to which he may be subject forfeit to any person aggrieved by such inihfeusunce, act or oniission a penal sum of $200.

polling place shall maintain and aid in maintaining the secrecy of the voting a t the polling place.

( 2 ) No officer, clerk or agent and no other person shall interfere with or attempt to interfere with a voter when niarlting his ballot paper or shall otherwise attempt to obtain at the polling place information as to the candidate or cundi- dates for whom any voter a t such polling place is about to vote or has voted.

( 3 ) No officer, clerk, agent nr other person shall communicate at nny time to any person any information obtained a t a

51. Every officer, clerk and agent, in attendance at aPcnnllios

?I

I

28

Secrecy of vote

Candidate acting on his own behalf

Cniididiiteh and agents

Errors not affecting result

Expenses


polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted.

(4) Every officer, clerk and agent in attendance a t the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate or attempt to coniniunicate any information obtained a t such counting as to the candidate or candidates for whom any vote is given.

(5) No person shall directly or indirectly induce a voter t o 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 bhllot paper.

(6) Every person who acts i n contravention of this section shall Le liable on summary conviction before a justice of the peace to imprisonment for any term not exceeding six inonths with or without hard labour.

52. No person who has voted at an eiection shall in any legal proceeding to question the election or return or otherwise relating thereto be required to state for whom he has voted.

53. A candidate may himself undertake the duties which any aqent of his might have undertaken or he may assist his agent in the performance of such duties and may be present a t any place a t which his agent is by this Ordinance authorised to attend ; but no candidate shall be present at the niarking of a ballot for a voter under section 18 of this title.

54. When in this title expressions are used requiring or authorising any act or thing to be dcne or implying that any act or thing is to be done in the presence of the agents of n candidate or candidates such expressions shall be deemed to refer to the presence of such agents as ard authorised to attend and as have in fact attended at the time and place where such act or thing is being done ; and if the act or thing is otherwise duly done the nonattendance of any agent at such tiine and place shall not invalidate it.

55. No election shall be declared invalid by reason of a noncompliance with the provisions of this Ordinance 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 Ordinance or by reason of any other irregularity if i t appears to the tribunal having cognizance of the question that the election wa3 conducted in accordance with the principles laid down in this Ordinance and that such noncompliance, mistake or irregularity did not affect the result of the election.

56. All reasonable expenses incurred at any election under this Ordinance shall be paid by the secretary-treasurer out of the funds of the city upon the production to him of proper accounts verified in such manner as the council may direct.

72

I904

1. T city of on or b numbei boards

2. I- proviclc electioi place a same I I

alderm

3. A t,he elel of elect of scho

4. I ret u r11 I of the nnm es last re. the lei taut cl a bullo

5. I to vote a t the ob, j ec t c'

6. 1'

return of tht sa111c f ' that tl substit

1. and Sll

1. E or by

)04

knY

the ing or

x h ote

ker

+ or 3er. ,ion the ths

so

m y iise ted.

iich his

t a t sed ; of

: or any )f a

to ,end lUCh vise and

If a 3 to

by con- rity tion the

non- t of

nder t of oper

. .

1904 CITY O F EDMONTON cap . 19 29

TITLE VII.

SCHOOL TRUSTEES.

1. The board of public and separate school trustees of the fp;? iron1 city of Edmonton shall give notice to the secretary-treasurer on or before the fifteenth day of November in each year of the number of vacancies required to be filled to make the school boards complete.

provided in the nexG preceding section the nomination ana election of school trustees shall Le held a t the same time and place and by the saine officers and shall be conducted in the same inanner as the nomination and election of mayor and aldermen.

the election and qualification of aldernten and the qualifications of electors shall nautatis nazctundw apply to the election of of school trustees.

4. I n the lists of qualified voters to be delivered to theseparate returning oficer by the secretary-treasurer before the opening :$ ,$ . tc r r tCrs of the pollv the secretary-treasurer shall place opposite the names of any persons on the said list w h o are assessed on the last revised assessnient roll as supporters of separate schools the letters l'S.S.S."; and no deputy returning o6cer or assistant deputy returning officer shall deliver to any such person a ballot paper for the public school trustees.

to vote ut any election of school trustees the officer presiding a t the poll shall require the person whose right of voting is objected to to take the oaths required by section 11 of Title VI.

returning officer a t each election containiw the names of the candidates nominated for school trustees in the saine forin as those used for the election of aldernien except that the words " public (or separate) schoolitrustee " shall be substituted for the word I' alderinan " thereon.

2. When notice has been given to the sccretary-treasurer as Somination and election

3. All the provisions in this Ordinance contained respecting same procedure as for aldermen

8. In case any olJ,jection is m d e to the right of any persononth

6. A separate set of hallot papers shall be prepared by the F ~ ~ ~ , of ballot

TITLE VIII.

CORRUPT PRACTICES.

' . d'CW37, A319.? P'LICV . -...

1. The following persons shall be deemed guilty of bribery Bribery and shall be punishable accordingly-

1. Every person who directly or indirectly by himself or by any other person on his behalf gives, lends or agrees

73

. ,.

. .c

s ' \

30 Cap. 19 CITY OF EDMONTON 1: 004

to give or lend or offers or promises money or valuable consideration or gives or procures or agrees to give or procure or offers or promises any office, place or employment to or for auy elector or to or for any person in order to induce any elector to vote or to refruin froni voting at an election or in order to iuduce any burgess to vote or refrain from voting Gpon a bylaw for raising nioney or creating a debt or who corruptly dors any such nct as aforesaid on account of such elector or burgess having voted or liming refrained from voting a t such election or upon such bylaw ; , 2 Every person nrlio directly or indiiectly by liiinself or by any other person on his behalf makes any gift. loan, offer, promise or agreement as aforesaid to or for any person in order to induce such person to procure or defeat or endeavour to procure or defeat the return of any person to serve in the council or to procure or defeat the passing of any bylaw as aforesaid or the vote of any elector at an election or of any burgess at the voting upon any bylaw ;

3. Every person who by rerLson of any such gift, loan, ' offer, promise, procurement or agreement procures or

enguges or promises or endcavourj to proci1i.e or defeat the return of any person in an election or to procure or defeat the passing of any bylaw as aforesaid or the vote of nny elector at an election os the vote of any burgess a t the voting upon a bylaw ;

4. Every person who rtdvances or pays or causes to he pnid money to or to the use of any other person with the intent that such inoncy or any part thereof shall be expended i n bribery at an election or a t any voting upon any such bylaw as a€oresaid or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election or at the voting upon any such bylaw ;

5. Every elector or burgess who before or during an election or before or during the voting of any such bylaw directly or indirectly by hiniself or any other person on his behalf receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or any other person for voting or agreeing to vote or refraining or agreeing to refrain from voting at any such election or upon any such bylaw ;

6 . Every person who after an? such election or the voting upon any such h y h w directly OF indirectly by himself or any ot'her person on his behalf receives any money or valuillle consideration on account of any person having voted or refrained from voting or having induced any dther person to vote or refrain from voting at any such election or upon any such bylaw ;

74

19r

vel

the thc

01'

po:

an:

thl pe:

inil

111 D

P Y i

v0: \I J- ref an: otl.

U?

sh; in1 di- fo1

nn

YO;

for p"; ShL

Pa! o r ( ,

a

sec !O evi

VOi

g U i na< U l l inc thi

4 thc

L 904

iable cure r for m y

:tion from debt oun t ined

iself bun, any

efeat mon ssing tr a t any

loan, i or efeat re or tc of L the

o he h the ntleil such s to ?pay- ihery such

ction ectly elialf In or rnself ining in or

otiog I f or uiille d or on to I any

1904 CITY OF EDMONTON Cap. 19 31

7. Every person who hires horses, learns, carriages or other vehicles for the purpose of conveying electors or burgesses to or from tho, polls and every person who receives pay for the use of any horse, team, carriages or other vehicles for the purpose of conveying-electors or burgesses to or from any poll aa aforesaid.

2. Every person who directly or indirectly by himself or by Threats, eto. any other person on his behalf makes use of or threatens to make use of any force, violence or restraint or inflicts or threatens the infliction by himself or by or through any other person of any injury, damage, harm or loss or in any manner practices intimidation npon or iigainbt any person in oriler to induce or compel any such person to vote or to refrain from voting a t any election or at the voting upon any bylaw or on account of any such person having voted or refrained from voting thereat or who by abduction, duress or any fraudulent device or contrivance impedes, prevents or otherwise interferes with the free exercise of the franchise of an elector or burgess or therehy compels, induces or prevails upon an elector or burgess to give or refrain from giving his vote a t any election or a t the vote upon any bylaw shdl be deemed to have committed the offence of undue influence imcl sliall incur a penalty of $100 and shall be disqualifietl from voting a t any election or upon any bylaw for the next succeeding two years.

3. The actnal personal expenses of a candidate his expenses f;gz; for actunl professional services performed and all bonu j d c payments for the fair cost of printing and advertising shall be held to be expsnses luwfully incurred and the payment thereof shall nut be a contrilvention of this ordinalice. 1

4. Where upon a motion in the nature of a q z b o warrnnto xvidencc on a question is raised as to whether the candidate or nuy a'Lo zca'rl''lto voter has been guilty of any violution of section 1 or section 2 of this title affidavit evidencc shall not be used to prove the off'ence but i t shall be proved by viva voce evidence.

h

5. Any candidate elected a t an election who is found:Gf;Lt;E;nd guilty by a judge upoil the hearing of a motion in the,tion nature of a qtw warranto of any act of bribery or of using uudue influence as aforesaid shall forfeit his seat and shall be ineligible as a candidate a t m y election for four yetirs thereaf ter.

6, Any person who is nd.judged guilty of any offence within Disqualiflcn- the meaning of section 1 or section 2 of this title shall iiicur n"'"

75

i

c

I .

32 Cap. 19 CITI' O F EDMONTON 1904

penalty of $100 and shall be disqualified froni voting a t any election or upon any bylaw.for the next succeeding two years.

7. The money penalty imposed by the preceding section shall be recoverable with full costs of suit (Class A) by any person. who sues for the same in the supreme court and any person against whom judgment is rendered shall be ineligible either as a candidate or an elector until the aniount so recovered against him has been fully paid and satisfied.

8. The judge may direct that in default of payment of the said penalty and costs within the time fixed by the judge the offender shall be irnmisoned for such Deriod not exceeding

uenalty Recoveryof

1n1pri30n111cnt

Report of liability to penalty

Record of

persons disqnnlificd

Witnesses

I'rivilcge of witncsfieu

Limitation

thirty days as is direated by the said juhgment and in case 2 such default of payment the judge may issue a warrant for the arrest and imprisonment of the offender in accordance with the said judgment until the penalty and costs are fully paid or for such other period as the order may direct.

9. The judge who finds any.candidate guilty of a contravention of section 1 or section 2 of this title or who condemns any person to pay any penalty imposed under section 6 or section 7 of this title slid1 report the same forthwith to the secretary-treasurer.

IO. The secretary-treasurer shall enter in a book to be kept for that purpose the names of all persons who have been so ndjudged guilty of any offence within the meaning of section 1 or section 2 of this title and whose names have been reported to hiin by the judge aforesaid.

I I . Every witness shall be bound to attend before the judGe upon being served with the order of the judge directing his attendance and upon payment of the necessary witness fees and conduct money ns if he had been directed by a subpena to attend and in deftkult thereof lie may be punished for contempt and shall be liable to d l the penalties for such nonattendance in the same nianner as if he had been served with a subpena.

I :&. No person shall be excused from answering any question put to liirn upon the hearing of any iiiotion in the nature of a quo warranto or in m y proceeding touching or concerning any election or the voting upon any bylaw or the conduct of any person in relation thereto on the ground of any privilcge or on the ground that the answer to the question will tend to criminate hiin ; but no answer to any such questions shall be used in any proceeding under this Ordinance against such person if the judge gives to him a certiticate that he made full and true answers to the satisfaction of the judge.

1 3 . All proceedings under this title other than an application in the nature of a quo warranto against any person Cor

76

1904

any coinn ofF'enc after

I 4 Or'dii corrii byla! persc eithe that the c but who1 certi chnr; offen

1.: or t retui with froni pres1 placc posh

1 .

niajc

2. 1,e fl

vote "PPC

3. coun insol the rein: of 11

a rein tl shnl I

COUIl

pred

COl l l l

1904

l a n y years.

x t i o n . a n y I a n y igible n t so

I f t he e the eding t se of t for

8 with %id or

Intra- lemns 6 or

3 the

1 kept en so :ction lortecl

judge g his

fees pcuna -1 for such

erved

s t i o n re of m i n g

the nil of s t i o n ques- innce ticate E the

plica- 1 for

. .

i'. " .

1904 CITY O F EDMONTON Cap. 1 9 33

any violation of section 1 or section 2 of this title shall be commenced within fvur weeks after the election at which the oflence is alleged to have heen committed or within four weeks after the day of the voting upon a bylaw as aforesaid.

14. No pecuniary penalty or forfeiture imposed by this Exemption Oidinance shall be recoverable for any act of bribery or corrupt practice a t a n election or at the voting upon a bylaw in case it appears t h a t the person charged and another person or other persons were together guilty of the act charged either as giver OY receiver or as accomplices or otherwise and that the person charged has previously bonu fide prosecuted the other person or persons or any of them for the said act ; but this provision sha!l not apply in case the judge before whom the person claiming the benefit thereof is charged certifies tha t i t clearly appears to him tha t the person so charged took the first step towards the commission of the offence charged and was i n fact the principal offender.

1 &'The secretary-treasurer shall prior to every election $:;gation to or the voting upon any. bylaw furnish every deputyreturning returning officer and assistant deputy returning officer with a t least two copies of the sections of this title numbered from 1 to 14 inclusive ; and i t shall be the duty of the officer presiding at every polling place to post the same in c,mspicuou3 places a t his polling place and to see that they are kept so posted up during the hours of polling.

TITLE I X .

VACANCIES.

1 . The mayor or any alderman may resign his seat in the R r w n n t i o n

. council a t any meeting of the council with the consent of t h e ninjority of the members present.

Le filled up forthwith by appointment by a three-fourths vote of the whole council and the mayor or alderman so appointed shall hold his office for the residue of the term of his predecessor as if he had been elected under this Ordinance.

council he is convicted of felony or infamous crime or becomes insolvent within the meaning of any insolvent act in force in the Territories or applies for relief as an indigent debtor or remains in close custody or assigns his property for the benefit of his creditors or absents himself from the meeting of the council for three months without being authorised so to do by a resolution of the council entered upon its minutes his seat in the council shall ipso fac to become vacant and the council shall forthwith declare the seat vacant.

77

2. If a vacancy occurs in the council the vacant place shall ~ ~ ~ y y

3. If after the election of any person as a member of they;;;tf;$ion of

$4

‘ coinpulsorp resignstioii

Trinl of contested election

Sotico of niotiou

Conlents of tiolice

cup. 19 CIT? OP ED&~ONTON

4. In the event of a member of the council forfeiting his seat ut the council or his r ight thereto or becom_.ig disqualified to hold his seat or of his seat becoming vacant by disquali6ca- ‘ tion or otherwise he shall forthwith resign his seat and in the event of his omitting to do so w i t h i n t e n days thereafter proceedings map be taken to unseat him as hereinafter provided.

5. I n case the validity of the election of the niagor or of an alderman (or his right to hold the seat) is contested the same rnay be tried by a judge. A a y candidate at the election or any elector who gave or tendered his vote thereat or (in case of an election by acclamation or in case the right to si t is contested on the ground that a member of the council has become disqualified or has forfeited his seat since his election) any elector niay be the relator for the purpose.

6. If within six weeks after an election a relator shows by affidavit to u judge reasonable ground for supposing that the election was not legal or was not conducted according to law or tha t the persod declared elected thereat was not duly elected or for contesting hhe validity of the election of the mayor or of any alderinan or in case at any time a relator shows by affidavit to a judge reasonable ground for supposing that n ineinber of the council has forfeited his seat or has become disqualified since his election and has not resigned his seat ; the judge may grant his tiiit authorising the relator upon entering into a sufficient recognisunce as hereinafter provided to serve a notice of motion in the nature of a quo warranto to determine tlie matter.

(2) The recognisance shall be entered into before the judge or before a commissioner for taking affidavits by the relator in the suni of $200 and by two sureties (to be allowed as sufficient by the judge upon affidavits of justification) each in tlie SUIII of $100; and shall be conditioned to prosecute the iiiotion with effect ant1 to pay to the party against whom the motion iu inade (who is herein called “ the respondent ”) any costs which may be ad,judged to him against the reletor.

(3) When the sutficiency of the said mreties has been Jeter- mined and the said recognisance has been allowed as sufficient by the ~ u d g e he shall note or indorse thereon and upon the fiat allowing service of the notice of iriotion the words yecognisance allowed and shall initial the same.

7. The notice of motion shall be a t least a seven clear dtiys’ notice and i t may eitlier state the return day of the motion or may state tliat the notice will be macle on the eighth dag after the day of service of the notice excluding the day of service.

(2) The relator in his notice of motion s h d l set forth his name in full, his occupation, place of residence and the interest which he has in the election as a candidate or an elector and

78

1904

shall of ohj and i i of an; he or groun as the

8. all th excep he sh, exam

!b. the 1 1 1

servic by afl tutioi

10 two v unles

I I other the \

illlcgc

I ? to ti\ inotiv

I :I allow his ri to ha not i any F valid ap p e:

I 4 prod( lists , 11 an cl time

15 the 11 any o h c c

‘4

is id

le 3r ?r

1-

,n le )r <e is

1)

t S

)r ‘g %

ie ‘Y

J S n

le t ; n :d to

Te 31‘ ilS I11 l e l e ‘Y

r- o t :Le ce

zr i e ;I1

O f

lis st id

1904 CITY OF EDLONTON cap. 19 35

shall also state specifically under distinct heads all the grounds of objection to the validity of th8 election complained against and in favour of the vl~lidity of the‘election oE the relator or of any other person or persons where the relator claims tha t he or they or any of them have been duly elected or on the grounds of forfeiture or disqualification of the respondent or as the case niuy be.

all the affidavits and material upon which he intends to rely except where viva voce evidence is to l e taken. I n tha t case he shall name in his notice the witnesses whom he proposes to examine..

8. Before serving his notice of motion thc relator shall file AmAnvits, etc.

!B. The notice of motion shall be served perbonully unlessserrice tlie person to be served keeps out of the way to avoid personal service in which case the judge upon being sutiatied thereof by affidavit or otherwise niay make an order fclr such substi- tutional service as he tliinks fit.

10. Service of the notice of motion s t d l be made within Time of two weeks from the date of the fiat so granted Ly tlie unless otherwise ordered by the judge.

1 1, I n cuse the relator alleges that he himself or Sollie Claim of sent other person has heen duly elected the motion shall be to try the validity l)oth of the election compluined of and of the tdleged election of tlie relator or other person or persons.

1 % I n case any uf the grounds of objection apply equally c ombination of motioiis to two or wore pcrson,i elected the relator may proceed by one

motion iigainst such persons.

13. Upon the hearing of the iiiotion the reltitor shall not be $;yy;; of allowed to object to thc election of the respondent or to altack his right to sit or to support the election of any person alleged to h a w been duly elected upou any ground not specified in the notice of motion ; bub the iudge in his discretion inay entertain any substantial ground of objection to or in support of the vnliility of the election of either or any of thc parties as inay appear in the evidence before him.

14. The judge inay require the secretary-treasurer to Production of produce before him such ballot papers, books, voters’ arid other *“pers lists and such other records of the election and papers in his liands connected therewith as to the judge may from time to time seem fit.

15. The judge may if he thinks proper at any stagc of.;;;g?z.+ the proceedings inake an order adding the returning officer or may bc added any deputy returning officer or assistant deputy returning ofticcr or any person as a party thereto.

79

36 cap. 19 CITY O F EDMONTON 1904

Intervention of other parties

16. The judge may allow any person entitled to be a relator to intervene and prosecute or defend and may grant a reasonable time. for that purpose ; and an intervening party shall be liable or entitled to costs like any other party to the proceedings.

Hearing 17. The judge shall in a summary manner without formal pleadings hear and determine the validity of the election or the right of the respondent to sit ; and may inquire into the facts on affidavit or affirmation or by oral testimony.

Judgment 18. I n case the election complained of is adjudged invalid the judge shall by the judgtnent order the respondent to be amoved and his seat shall ipso jac to be vacated ; and in case the judge determines that any other person was duly elected the judge shall forthwith order such other person to be admitted to the office.

LiRbility of returning officer, etc.

I

1 9 . Where an election has been held invalid owing to the improper refusal of any returning officer or deputy returning oficei. or assistant deputy returning officer to recei \re ballot papers tendered by duly qualified electors or to give ballot papers to duly quillified eIectors the judge may in his discretion order the costs of the proceedings to unseat the person declared elected or any part thereof or any other costs to be paid by such returning officer, deputy returning officer 01' assistant deputy retuiming officer.

(2) Nothing herein contained shall affect any right of action against a returning officer, deputy returning officer or assistant deputy returning officer or shall be deemed to relieve such returning officer, deputy returning officer or assistant deputy returning officer froin any other penalty or punishment to which he may be liable under the provisions of this Ordinance.

Form and 20. After the adjudication upon the case an order shall be drawn np in the usual nianner which shall state concisely the effcct of order

Rcturn

Disclnimer after niotioii

ground and effect of the decision which order may be at any time amended by the judge in regard to a n y matter of forun and the order shall have the same force and effect as a writ of mandamus formerly had in the like case.

2 1 . The judge shall immediately after his decision return his order with all things had before him touching the same to the proper office of the court in which the proceedings are entitled there to remain of record as R judgment of the cour t ; and ~ L S occasion requires the judgment may be enforced in the same manner as a n ordinary order of tnandamus and (for the costs awarded) by writs of execution.

- !4?, Any person whose election is coinplined of !unless such election is complained of on the ground of corrupt prac- ticcs on the par t of such person) or any person whose seat is attacked on the ground tha t he has become disqualified or has

80

1904

forfeit of a nc the PO Ednior cause i advoca follow

(( I, - quo zui

my rig Edmoi of any

" D:

23. shall I ( Disc1 it is m

24. electe; olectio dischi

I, (or nl any ri

Un

b F 2.B. relievc where 22 o r . and tl provici

2 6. shnll treiLsu cnte tf

24. sl1all I ' same i

b Y

1 . '! held 0: day is

1904

be a :rant a Party

to the

form a1 ,ion or to the

nvalid to be

in case elected ni i t ted

ing to

recei \‘e to give in his sat the * costs officer

action sistant 7e such deputy ent to innnce.

?all be ?ly the at any

E forin a writ

b p u t y

ret 11 rn > stline qgs are court ; i n the ‘or the

(unless ; prac- seat is or lias

. . . . .

. .

I

1904 CITY OF EDMORTON Cap. 18 37

forfeited his seat may within one week after service on him ’

of a notice of motion as aforesaid transmit post paid through the post office directed to “ The Clerk of the Supreme Court, Edmonton,” and also to the relator or his advocate or he may cause tc be delivered to the said clerk and to the relator or his advocate a disclaimer signed by him in the form or to the effect following :

“ I, A.B., upon whom a notice of motion in the nature of a quo warrcnnto has been served for the purpose of contesting my right to the office of mayor (or alderman) of the city of Edmonton, do hereby disclaim the said offce and all defence of any right I tnay have to the same. ,

‘( Dated this day of (Signed) “A.B.”

2% The disclaimer or the envelope containing the same Transniiwion shall be endorsed on the outside thereof with the word

Disclninier” and shall be registered a t the post office where i t is mailed.

24. Where there has been a contested election the person ~;;;cixn~;o,, I elected may a t any time after the election and before his

election is complained of de!iver to the secretary-treasurer a tiisclaimer signed by him as follows :

I, A.B., do hereby diJcltlim all right to the office of mayor (or alderman) for the city of Edmonton and d l defence of any right I m y have to the aame.

Dated this clay of (Signed “A.R.

1

25. A rtisclaiiiier filed under section 94 of this title shall Effect of relieve the person making i t from all liability to costs and dirclaimor

where a disclaimer has been made in accordance with section 22 or section 24 of this title i t shall operate as a resignation and the vucancy so created sliull be filled in the manner provided by section 2 of this title.

shall deliver a duplicate of his disclaimer to the secretary- treasurer and the secretary-treasurer sliall forthwith communicate the snn~c to the council.

shall be that of the Supreme Court in like cases so far as the same is applicable.

24;. Every person disclaiming under section 22 of this title Tmnqnliwion

21. The procedure in any proceeding under this Ordinance Procedure

TITLE X.

MEETIRGS OF COUNCIL.

1 . The first meeting of the council in each year shall be First meeling held dn the first Monday in January except when that Mon- day is a public holiday in which case the meeting shall take

81

35 -

Quorum

Conduct of meetings

Dutiea

Power of suspctrsion

Cap. 19 CITY @F EDMONTON . 1904

place on the next subsequent day which is not a public holi- d a y ; and the council of the previous year Ahall hold office until the new council meets.

A. A majority of the- whole council shall be necessary to form a quorum.

3. The council shall hold its ordinary meetings openly and no person shall be excluded except for improper conduct ; but the person presiding a t any meeting may cause to be expelled and excluded any person who has been guilty of improper conduct a t such meeting.

TITLE XI .

MAYOR.

1. The mayor shall be the chief executive officer of the city and i t shall be his duty to be vigilant and active in causing the laws governing the city to be duly executed, to inspect the conduct of all civic ofhers and so far st9 in his power to cause all negligence, carelessness and violation of duty to be duly prosecuted ar,d punished and to communicate from time to time to the council all such information and to recommend such measures as map tend to the betterment of the finances’! health, security, cleanliness, comfort, ornament and prosperity of the city.

2. The mayor may suspend any municipal officer (other than a commissioner of the city) and he shall thereupon report such suspension and the reasons therefor to the council who may either dismiss or reinstate the suspended officer ; and in case he is afterwards dismissed such officer shall receive no salary or remuneration from the date of such suspension unless the council by a resolution to be pitssed by a three-fourths vote otherwise determine.

Topresidc~ctc. 3. The mayor shull preside a t all meetings of the council. He shall preserve order and enforce the rules of the council and he shall sign (jointly with the secretary-treasurer) all the cheyues issued by the city.

4. I n case the mayor through illness, absence or any other cause is unable to perform the duties of his office or in case his office is vacant the council may from among its members appoint a presiding oflcer who during such inability or vacancy shall have all the powers of the mayor.

5. If the person who ought to preside a t any nieeting of the council does not attend within fifteen minutes after the hour appointed for the meeting Ihe members of the council who are present may appoint a chairman who shall during the meeting have the same authority as the absent person would have had.

Abscncc

Chairman

82 .

1904

6. T the cou except o them upon IT negatiT

1. T whenei council notifiec theretc thereat

8. I thirty conspic p 11 bl ic cipnl ai

1. T solicit0 such o appoin of this as may

2. 1 any ar cipd of ation.

3. i\ (luring exprcsq add it i o by the duties council

4. I council they m duties securitl him be.

34

li- ce

to

nd IU t e cl )er

i ty "R ,he use J lY to

nd :es' i ty

Ian uch

:as@ arY the rote

icil. ncil the

;her :ase Ders

or

the Lour are

ting had.

- 1904 CITY O F EDMONTON Cap. 19 39

6. The mayor or other officer presiding at any meeting of Vote -

the council may vote with the other members on all questions except where he is disqualified to vote by reason of interest or otherwise and (save as otherwise provided herein) any question upon which there is an equality of votes shall be deemed to be negatived.

whenever requested in-writing so to d o by a majority of the council and all the members of the council shall be duly notified of the meeting a t least twenty-four hours prior thereto and (in general terms) of the business to be transactpd thereat.

7. The mayor- shall call special meetings of the council $;$;igS

8. If so requested a t any time by the written petition ofz;;;",, thirty electors the mayor shull by a printed public notice conspicuoiisly posted in a t least ten places in the city call a public meeting of the electors for the discussion of the municipal affairs of the city or of any matters relating thereto.

TITLE XII.

OFFICIALS.

1. The council shall appoint a secretary-treasured, CL city Council to appoint

CoinniisRioncrs solicitor and one or more auditors and they nmy also appoint certain and

such other officers as they deem necessary or expedient to othcrs appoint for the purpsoe of carryirig into effect the provisions of this Ordinance or any bylaw of the city except such ofiicers as muy be appointed by the commissioners.

2. The council shall not make any appointment to office or any arrangement for the discharge of the cluties of any muni- tcndcr c ipd ofice by tender or to applicants at the lowest remuneration.

Appointment not to bo by

3. All officers appointed by the council shall hold office Tenurc of during the pleasure of the council or according to the termsomce expressed in the bylaw by which they are appointed and in addition to the duties assigned to them by this Ordinance or by the general law of the Territories shall perform such other duties as may be required of them by the bylaws of the council.

4. I n addition to defining the duties of any officer thesocurits council may by bylaw require him to give such security as they may deem expedient for tho €ait,hfal performance of his duties ; and during the month of January in each year all such securities shall be produced to the mayor and shall be laid by him before the council.

83

40

Character of

Liability

Gratuities

To attend


5. The bonds or policies of guarantee of any corporation empowered to grant securities, bonds or policies for the integrity and faithful accounting of public officers or servants or persons occupying positions of trust may be accepted instead of or in addition to the personal bond of nny officer of the city.

6. Every officer, servant and agent of the city shall be personally liable for any damage arising from his acts or defaults or from his refusal or neglect to discharge the duties imposed upon him by law or by this Ordinance or by the bylaws of the council in a'ddition to any penalties otherwise imposed for the said acts or defaults.

?'. A council may grant any officer who has been in the service of the city including its previous existence as a town for at least twenty years and who while in such service has become incapable through age or illness of efficiently discharg- ing the duties of his office a surn not exceeding his aggregate salary for the last three years of his service tis a gratuity upon his dismissal or resignation.

TITLE XIII.

SECRETARY-TREASURER'S OFFICE AND DUTIES.

1. The secretary-treasurer shall attend all meetings of the council and shall truly record in a book without note or comment all resolutions, decisions and other proceedings of the council and (if rcquired by any member present) shall record the name and vote of every member voting on any matter submitted. He shall safely keep all the books, documents, records and accounts of the council, the originals (or duly certified copies) of all the bylaws thereof.

meetiiigs, etc.

Absence 2. I n case the secretary-treasurer is absent or is incapuble of performing his duties the council may by resolution appoint some person to act in his stead during the period of such absence or incapability ; and during such period the person so appointed shall have all the powers of the secretary-treasurer.

3. Any elector may at, all reasonable tirnes inspect any books, records, documents or accounts in the possession of the secretary-treasurer including minutes of proceedings of the conimissioners or of committees of the council, assessment rolls, voters' lists, poll books and all other documents in the possession of the secretary-treasurer and the secretary-treasurer shall within n reasonable time furnish copies of any such documents or extracts therefrom to any such applicant a t the rate of ten cents per hundred words.

Recordsopen to inqpcction

Copics of 4. A copy of any such book, record, document or account . records certified under the hand of the secretttry-treasurer and the

84

19(

ci t - f i l e

evi tu1 th€

rno sol- suc co 1

COI ChL in c dio

P I

knl he

frc thr Iik Pi! t l l c

by

LY P" ing a t I

in t the sec an1 t h e

( ( I cn Le del

( the rec, Cai

( the

ti the the

i

L

? r 3 ? 3

e 1 S

e Y

le 3r le r cl er ts, 1Y

de n t Cl i so 1‘.

“3; e

,he Ils, es- rer

a tc cu-

unt the

1904 CITY OF EDMONTON ‘Cap. 19 41

city seal may after the original thereof has been produced be filed in court in lieu of such original and shall be received in evidence without proof ot the seal of the city or of the signature or o5cia! character of the person appearing to have signed the same unless the court or a judge thereof otherwise orders.

5, The secretary-treasurer shall receive and safely keep all Moneys moneys belonging or accruing due to the city from whatever source and shall pay out the same only to such persons and in such manner as is directed by law or by the bylaws of the council.

6. The secretary-treasurer shall dai!y or as often as theDepobits and council may direct deposit in the name of the city in somecheques chartered bank designated by resolution of the council all moneys received by hini in excess of $100; and he shall (jointly with the mayor) sign all necessary cheques.

7. The secretary-treasurer shall keep a book (to beBooks known as the “cash book ” ) on the left hnnd page of which he shall enter in consecutive order all sums of money received by him, the date of the rcceipt thereof, the name of the persons from whom and on what account the same were received and the amounts thereof; and on the right hand page he shall in like order enter all moneys prkid out by him, the date of the payrnent thereof, the persons to whom and on what account the same were paid and the amount thereof.

(2) Tlie “cash book’’ shall a t all times be open for inspection by any member of the council and by the auditora, and shall be produced and exhibited by the secretary-treasurer a t all meetings of the council a t which he shall be directed to produce i t ; and a t the tirnes of such meetings i t shall show the balance on hand in two items, i.e.,-(l) the balance deposited to the credit of the city and (2) the balance remaining in the hands of the secretary-treasurer. The secretary-trensurer shall also produce and exhibit a t every such meeting the proper book verifying the balance so deposited.

(3) No entry other than a cash entry shall be made in the “ cash book ” ; but the secretary-treasurer shall keep EL book to Le known as the “journal,” in which he shall duly enter all debits and credits not consisting of cash.

(4) The term “cash ” shall mean lawful currency of Canada, cheques and such other representatives of cash as are usually received and credited as cash by the chartered banks of Canada.

(5) The ‘‘ cash book ” and “journal ” shall- be provided a t the expense of and shall be the property of the city.

8. The secretary-treasurer shall also prepare and submit to Hitlf-yenrly the council half-yearly a correct statement of the moneys a t stnterJkent the credit of the sity.

85

42 Cap. 19 CITY OF EDMOSTON 1904

Division of offices 9. The council may a t any time divide the office of secretery-

treasurer and may appoint a clerk and a treasurer and may prescribe their respective duties.

-- TITLE XIV.

PLAN OF CITY.

*ppointmcot of engineer : 1. The council may appoint a city engineer whose duty i t prepnration ofshal! be to prepare on a scale not less than 50 feet to an inch

a plan of the city showing thereon each lot or parcel of land which is to be separately assessed with the frontage: depth and superficial area thereof and also the size and position of any buildings erected thereon and may designate any parcel shown thereon not otherwise briefly described on a registered plan by any letter, figure, mark or otherwise whereby the same may be briefly described.

2. He shall also prepare a reference book in such form as niay be most convenient indicating thereon the name of the owner and occupant according to the last revised assessment roll of each such lot or parcel of land.

3. The said plan and book of reference subject to any amendment whicli may be made therein on the npplication of any person interested and upon evidence satisftxtory to the commissioners shall be prima fucie evidence for assessment purposes of th"e particulars aforesaid and shall be adopted as such by the assessors in the preparation of the assessment roll.

4. No building shall he hereafter erected in the city of Edtnonton unless and until plans and specifications thereof have been filed with the city engineer and approved by him and any person contravening the provisions of this subsection shall be liable to a penalty of $100.

plan

Reference book

Amendment

TITLE XV.

CITY SOLICITOR.

*ppointment 1. Tlic council may appoint a member of the law society of the Territories as city solicitor and may determine his duties and the terms and period of his employment.

nem"ncration 2. In case the remuneratibn of the city solicitor so appointed is to be paid wholly or partly by salary the city shall notwithstanding be entitled to tnx and collect lawful costs in all actions and proceedings to which the city is a party ; provided such cosh are by the terms of the engagement of the city solicitor payable to him as part of his.remuneration in addition to hi6 salary.

86

1. one c precc treas or in in an (exctl

2. in e[ repoi to an after paid I

"Atui

3. audit

4. audit m ny iture Decei the t8 deliel and 1 niukt t rar j the 11

meet;

1 . shall prov.

4

Y

it h d d Y n ’Y )e

as ie I t

’Y of ?e nt

nt

O f O f

i in

on

ah

3 ty his

tecl

ins ich tor his

th-

-

43 1904 crrP OF EDMONTON - Cap. 19

TITLE XVI.

AUDIT.

I . The council shall a t its first meeting in each year appoint Appointment one or more auditors but no one who then or during the Of

preceding year is or was a member or is or was secretary- treasurer or who has or had during the preceding year directly or indirectly alone or with my other person a share orinterest in any contract or employment with or on hehalf of the city (except RS auditor) shall be so appointed.

in every three months during the year examine, audit and report upon all books and accounts affecting the city or relating to any matter under its control or within its jurisdiction and after the examination of every account, voucher, receipt and paid debenture shall stamp thereon in indelible letters the word “Audited ” and initial the same.

I

2. The auditor or auditors so appointed shall a t least once Audit

3. The council may by bylaw provide that t8he auditor orAudit before

4. On or before the first day of March in each year theabstract

auditors shall audit all accounts before they are paid. prtynien t

auditor (or auditors) shall prepare (in such form as the council may by resolution direct) an abstract of the receipts, expenditures, assets and liabilities of the city up to the 31st of December of the preceding year including a statetnent showing the total amount of debentures autliorised to be issued, the debentures actually issued, those actually sold or otherwise nnd how disposed of and those remaining on hand and shall make a special report respecting any expenditures made con- t rary to law and shall deliver the said abstract and report to the mayor who shall lay the same before the council a t its nest meeting.

may by himself or his agent and a t his own expense take a copy thereof or extract therefrom.

shall cause the said abstract and report or B synopsis thereof to be published in some newspaper published in the city such newspaper to be designated by resolution of the council.

5. Any elector may inspect the said abstract ant1 report and Inspection

6. On 0: before the first day in April each year the council Publicntion

TITLE XVII.

COMMISSIONERS.

1. Subject to the legislative jurisdiction of the council there Powers shall be vested in commissioners to be appointed as herein provided and to be called I ‘ The commissioners of the city of

a7

.- . .

46 Cap. 19 CITY OF EDMONTON . 1904

Beforewhom 4. When any oath or affirmation or declaration is required to be taken or made by a deputy returning oacer or assistant deputy returning oficer and no special provision is herein made therefor the same may be made and subscribed before the returning o5cer or before the poll clerk or before any justice of the peace; and the returning officer or any justice of the peace may administer any oath or affirmation or declaration required to be made by a poll clerk under the provisions of this Ordinance.

to be taken

Auditor 5. The declaration of office to be made and subscribed by every auditor shall be as follows :

I, A.B., having been appointed to the ofice of auditor for the city of Edmonton, do hereby promise and declare that I will faichfully perform the duties of the said office according to the best of my judgment and ability ; and I doIsoleinnly declare that I had not directly or indirectly any share or interest whatever in any contract or employment (except that q f auditor, i f reappointed) with, by, or on behalf of the city, during the preceding year, and that I have not any such contract or employment except that of auditor for the present year. So help me God.

.

Doforewhom 6. The major and aldermen and the other civic officers (escept the secretary-treasurer) who are required as aforesaid to make a declarution of office shall make and subscribe the said declaration of office before some justice of the peace or before the secretary-treasurer; the declaration of the secretarp- treasurer shall be made and subscribed before a justice of the peace and the person before whom the declaration is made shall give the necessary certificate of its having been duly so made and subscribed.

to bc Lzken

P o w r to be 7. The mayor or any justice of the peace may administer any oath, affirmation or declaration relating to the business of the city except where herein otherwise specially provided and except where he is the person required to make the oath, affirmation or declaration.

taken

Doposit 8 . The deponent, affirmant or declarant shall subscribe every form Of Oath sucli oath, affirmation or declaration and the person adminis-

tering it shall duly certify and preserve the same ' and shall within eight days deposit the same in the o6ce of the secretary- treasurer who shall preserve it sinong the city records.

Abhcnce of mayor

!). The mayor (or in his absence the presiding officer o f the council) may administer an oath or affirmation to any person concerning any account or other matter submitted to the council.

90

?'

i.

. .

. . >.

1904

1. : elect01 for a c the f i ~ Counc sioner sioner Ordin. Inq.zLi

1. : jiidgd and re niiscoi commi any pc duties counci any 111 the coi puss 5 Judge that p comnii 0 rd in: Inqiii, all con inquir,

receivc to reo 28 of

(3) engag P Y f l

e vid e 11 with I I

conduc represt

(2)

YO4

red an t *ein ore 3nY 2 of ;ion , of

by

for I t I ling cnly ; or that :i ty, iuch sent

cers said the or

wy- the

lade ' so

ister ness ided d l ,

very inis-

ary- ;hall

the rson the

I b

igo4 CITY OF EDMONTON

TITLE XX.

-

Cap. 19

GOVERNMENTAL COMMISSION OF ENQUIRY. t$ 2: 1, I n case one-third of the members of the council or thirty Enquiryby

electors of the city petition the Lieutenant Governor in Council government for a commission to issue under the great seal to inquire into the financial affairs cf the city the Lieutenant Governor in Council may issue a commission accordingly and the commissioner or commissioners shall have all the powers of commissioners appointed under chapter 12 of The Consolidated Ordinances 1898, intituled An Ord inance respecting I n q u i r i e s coiicern ing Pub l i c Matters.

TITLE XXI.

JUDICIAL COMMISSION OF INQTJIRY.

1. In case athe council pass a resolution requesting a E n q u i r y b y jiidgz to investigate any matter mentioned in the resolution judge and relating to an alleged malfeasnnce, breach of trust or other inisconduct on the part or" any member of the council or comtnissioner or other officer, servant or agent of the city or of any person having u contract therewith ir, relation to the duties or obligations of such person to the city or in case- the council see fit to c tme inquiry to be made into or concerning any matter connected with the good government of the city or the conduct of any part of the public business thereof and pass a resolution requesting a judge to make the inquiry the judge shall inquire into the sarne and thereupon he shall for that purpose have all the powers which may be conferred upon commissioners under ehapter 12 of The Consolidated Ordinances 1898, intituled An Ord inance respecting I n q u i r i e s c o n c e m i n g Pub l i c Matters, and the judge shall with all convenient speed report to the council the result of the inquiry and the evidence taken thereon.

(2) The judge holding such investigation shall be entitled to receive and shall be paid the same fees as lie would be entitled to receive if acting as an arbitrator under section 9 of Title 28 of this Ordinance.

%

(3) The council requesting any such investigation may engage and pay counsel to represent the city therein and may pay all proper witness fees to persons sumnioned to give evidence a t the instance of the city and any person charged with malfeasance, breach of trust or other misconduct or whose conduct is called in question on such investigation may be represented by counsel thereon.

91

. __ -- . . . .

r

i s cap. i s CITY OF EDMONTON 1904

TITLE XXII.

LEGISLATIVE JURISDICTION.

t o w 1 extent 1. The jurisdiction of the council shall be confined to the limits of the city except where authority beyond the same is expressly given by this Ordinance.

2. The council miiy make bylaws for the pence, order, good government and welfare of the city oQ Edmonton and for the issue of licences and payment of licence fees in respect of any business :

Provided that no such bylaw shall be contrary to the general law of the Territories and shall be passed bona f i d e in the interests of the said city of Edmonton.

And the council may repeal or amend any such luylaw except where the same has received the assent of the burgesses of the city and (in such case) only when the repeal of the bylaw is similarly assented to by the said burgesses.

Bylaws generally

3, Every bylaw for- 1. Acquiring, building, carrying on, constructing, improv-

ing, leasing, extending, maintaining, managing or operating and acquiring su5cient land for the convenient carrying on of brick works, bridges, cemeteries, coal arenrs, coal pits, crematories, elevators, ferries, jails, gas or electric light or power works hospitals, lock-up houses, manufactories, markets, mills, poor houses, roads, road or street construction plant and machinery, sewerage or drainage works, street railways, telephone systems, water powers or water works ;

2. Bonusing, exempting from taxation beyond the curcent year, subscribing for stock in or guaranteeing the payincnt of, debentures issued by any person, syndicate or corporation in respect of any industrial, come'rcial, or engineering undertaking ;

3. Granting to any telephone syndicate or company or gas or electric light or power syndicate or company or street railway syndicate or company any special franchise whether exclusive or not:

4. Contracting debtr not payable within the current year : shall before the final passing thereof receive the assent of R majority of the burgesses voting thereon in accordance with the provisions of Title XXIV ;

(2) No bylaw for any of the purposes mentioned in clauses 2 and 3 shall be passed if the city has a similar system, undertaking or business in operation as a municipal public work nor shall any special franchise be granted for a longer period than twenry years ;

(3) A debt contracted pursuant to a bylaw and not, payable within the current year shall be made payable within a period not in any case to exceed forty years from the date of the issue of the debentures issued thereunder.

92

Rcsl rict ioiib

iti certain 011 legislntion

case3

1904

4. the e notw with!

5. to b the 1 licenc licen. price unlic any relati licenc perao the c wher, a dist

6. be he by th iinpo.

7. or th direct be dc may inann

(3. come right the ci

!D. sed 0 1

persoi finall! and e ings 1 , shall i mous

IO. and be a receiv conter is spec the In<


1. Where the council decides to undertake or assist a n j of i:$$?:&;:n the enterprises mentioned in the foregoing section i t may o so beyond city notwithstanding that the same may be wholly or partly''m1tS without the limits of the city.

5. The power to license shall include power to fix the fees Powers to be paid for licences, to specify the qualifications of:",;$:!,:: the persons to whom and the conditions upon which such licences shall be granted to regulate the manner in which any licensed business shall be carried on, to specify the fees or prices to be charged by the licencees, to impose peiialties upon unlicensed persons or for breach of the conditions upon which any licence has been issued or of any regulations made in relation thereto and generally to provide for the protection of licencees; and such power shall within the city 'extend to persons who carry on business partly within and partly without the city limit3 provided that Chinese laundries or laundries where Chinese are employed niay be licensed and regulated as a distinct class of business.

6, The imposing or collecting of licence fees shall in no case Licences not be held to prevent the assessment of any property held or used ~ ~ $ u d c by the licence holdera or the collection of any taxes lawfully imposed thereon,

or thing shall be done by uny person the council may also:",~~"ttCd direct that in default of its being done by such person i t shall be done a t the expense of the person in default and the city may recover the expense thereof with costs by action or in like manner as municipal taxes.

council shall have no power to give any perspn an exclusii e right of exercising any business or special franchise within the city.

!h Every bylaw under this Ordinance shall be under the seal of the city and shall be signed by the mayor (or other person who presided a t the meeting at which the bylaw was finally passed) and countersigned by the secretary- treasurer ; and every bylaw shall have three distinct and separate readings hefore i t is finally passed ; but not more than two readings shall be had ilt one meeting of the council except by the ununi- nious vote of the members present thcreat.

7. When the council has authority to direct that any matter Council rnny

8, Subject to the other provisions of this Ordinance the Restrirtion 011

Pawing nnd te.titig b) I A W

10. A copy of any bylaw written or printed Evidence of and under the seal of the city and certified be o, true copy by the mayor or secretary-treasurer shall be received as pr ima facie evidence of its due passing and of the contents thereof without further proof in any court unless i t is specially pleaded or alleged that the seal or the signature of the mayor or secretary-treasurer hes been forged.

93


Validation of 1 1. 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 biniling notwithstanding any want of substance or form therein or in the proceedinas prior thereto or in the time or manner of the passing thereof

bylaw

. TITLE XXIII.

MONEP BYLAWS,

Debentures 1 . -Bylaws for contracting debts shall provide for the issuing of debentures and the levying of annual rates for the payment of such debts.

% The amount of the debenture debt of the city a t any time outstanding shall not exceed 20 per cent. of the assessed value of all assessable property in the city according to the last revised assessment roll.

Limitation on amonnt

Calculationof amount of debt

3. The aniount of any funds or securities held by the city to the credit of a sillking fund shall be deducted in calculating the total amount of the debenture debt of the city a t any time outstanding. (Cap 36 of 1900, p. 117.)

Contcnts of bylaw

4. The bylaw creating debt shall state by recital or

( a ) The amount of the debt intended to be created and in some brief and general terms the obaject for which i t is to be crented.

(21) The period over which the indebtedness is to be spread and the amount of the debt to be paid in each of such years or the period ab the end of which the same is to be paid.

( c ) The rate of interest and whether the same is to he paid annually or semi-annually.

( d ) The amount of ratable property in the city according to the last revised assessment roll.

( e ) The nmount of the existing debenture debt of the city and how much (if any) of the principalor interest thereof is in arrear.

otherwise-

Time'oftaking effect

5. The bylaw shall name a day when i t is to take effect which day shall not be more than three months after the day on which the voting is to take place ; and if no day is named in the bylaw i t shall take effect on the day of the final passing thereof.

6, The bylaw may provide that the indebtedness shall, as ODtional mode o f p a p l e n t thc council may deem expedient be payable-

94

. .

1904

1. I! interes period

2. I1 the en' fund I with tl maturi

And or the the del payabl bylaw

7. 1 the for

$ . . . . . Undl

NO. of bearer dollars annum accordii

p % . . . . . .

Undei bylaw h

304

hin hell nce the

the the

;ime .tl u e last

city ting time

1 or

and hich

I be d in hich

o he

ding

city erest

jffect ? day anied ssing

[I, as

1

,

1904 CITY O F EDMONTON

1. I n such manner that each instalment of principal and interest shall be as nearly as possible equal in esch year of the period of years during which the debentures are to run ; or

2. I n such manner that the principal shall be repayable a t the end of the said period an equal sum by way of sinking fund being raised annually during the said period sufficient with the accumulated interest thereon to meet the principal a t maturity and the interest thereon annually ;

And if such provision is contained in any bylaw of the city or the town of Edmonton heretofxe or hereafter to be passed the debt and the debentures issuedin respect thereof maybe made payable in whichever of the above modes the council may by bylaw determine.

Forms of 7. The debentiires to be issued under the bylaw shall be in debenture the form following or to the like effect :

FORM 1.

CITY OF EDMONTON. $ . . . . . . Debenture No.. . . . .

Dnder the authority of the Edmonton charter and of bylaw

of , the said city promises to pay the bearer a t the sum of dollars with interest a t the rate of per cent. per annum, in consecutive annual instalmen ts according to the terms of the several coupons hereto attached.

No. of the city of Edmonton passed on the day , 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corpowte seal Mu yor. of the city.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary- Twaswrey.

Coupons . . . . . . . . . . . Coupon No.. . . . . . . .

a t on the day.of > 19

Debenture No.. . . . . . . . The city of Edmonton will pay to the bearer

the sum of - dollars. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

blnyor.

Secretary- T?-eusiwer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

* :; p e

FORM 2. C t

CITY OF EDMONTON. Debenture No.. , . .

Under the authority of the Edmonton charter nnd of $ . . 0 . . *

bylaw No. of the city of Edmonton, passed on the 86

. .;

I’

1904

day of 19 , t h e said city hereby promises to pay to the bearer at dollars on the day of 19 , .(if’ interest i s payable in the meantime udd) and to pay to the bearer the amount of ench of the several interest coupons hereto attached as the same shall respectively become due.

Corporate S e d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the city. Mayor.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretnry-treas1L).e)..

And the coupons rnay Le in the following form :

Coupon No.. . . . . . . . Debenture N o . . . . . . . .

The city of Edmonton will pay the bearer at on the day of

190 . . , the sum of dollars.

(Signed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mayo?..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary Treasurer.

Local 8. I n the case of rlehcntures issued for local improvements irnpr~vernent debentures the words “Local Iinprovenzont Debenture” shall also be printed

on the face of the debenture.

Execution of 9, Every debenture issued RS aforesaid shall be ~ e d d with the seal of the city a n J signell either by the mLzyor or by some person authorised by bylaw to sign the suine in his stead and by the secretary-treasurer or by some person rtuthorised by bylaw to sign in his stead.

deben tures

Tiiiies and IO. Debentures uuthorised by a n y such bylaw may he issued either d l tLt one time or in instnlments at such times as the council deems expedient ; but no debenture shnll be issued after the e-piration of four years after the final passing of the bylaw ; and all debentures shall be issued us of the actual date

modcs of issue

. of the issue thereof.

ValidRtion 1 1 . Any debenture issued under this Ordinance shall be Or debcnt‘lree valid and bihding upon the city notwithstanding any insuffi-

ciency in form or substance or otherwise of the bylaw or of the rtuthorityof tbe city ’in respect thereof; provided tha t the bylam not hsing a local iruproveinent bylaw has received the assent of the majority of burgesses voting thereon and that no s u c c e d u l application has been made to quash i t within two months d t e r its final passing.

96

1904

It: requ may then

1904

es to ,rs on yuble n t of s the

e . . . .

lor.

. . . . . yey.

ollars.

. . . . , YO?'.

ments rinted

sealcd or by stead

iorised

ay be nes as issued of the

al date

in11 be insuffi- of the by 1 aiv

isent of cessful s after


12. Every bylaw which has received the assent of t h e r i n a y i n g required number of the burgesses who have voted thereon may be passed by the council within four weeks of the voting thereon but not thereafter.

TITLE XXIV.

ASSENT OF BURGESSES TO BYLBW.

1. For the purpose of this title any bunk or other corporation Corporation assessed on the last revised assessment roll as the freeholder or lessee of real property which if held or leased by an individual woulcl entitle him to vote shall be entitled to one vote only which may be given by the chief resident officer of such corporation.

2. I n case a bylaw requires the assent of the burgesses,SUbbf;z$;;d beforc the find passing thereof the following proceedings shall notice (except in cases herein otherwise provided for) be taken for obtaining such assent-

1. The secretary-treasurer shall perform the duties of returning officer ;

2. The council shall by the bylaw fix the day and hour for taking the votes of the burgesses and the places in the city where polls shall be opened and (where the votes are to be taken a t more than one place) shall name a deputy returning officer to take the votes at every such place. The day so fixed for taking the votes shall not be less than three nor more than five weeks after the first publication of the proposed bylaw ;

3. The council shall before the final passing of the proposed flaw publish IL copy thereof in some newspaper published in bt t le city ; and the publication for the purpose aforewid s~iall

Le continued in a t least one numLer of such paper each week for three successive weeks. The secretary-treasurer shall also post up ti printed copy of the proposed bylaw a t ten or more conspicuous places in the city;

4. To each copy so published and posted shall be appended 21,

notice over the printed signatureof thesecretary-treasurer stating that the above is u true copy of ct proposed bylaw which has been introduced and which may be finally passed by the council (in the event of the assent of the burgesses being obtained thereto) after one month from the first publication in the newspaper stating the date of such first publication and the name of the newspaper and that upon the day and a t the place or places fixed for taking the votes of the burgesses the voting thereon will be held between the hours of 9 &.in. rand 5 p.m.

97

54 Cap. 19 CITY OF EDMONTON

3. Forthwith after the day has been fixcd as aforesaid for taking the votes of the burgesses upon a bylaw thesecretary- treasurer shall cause to be printed a t the expense of the city such a number of ballot. papers as will be sufficient for the purposes of the voting.

Formof ballot 4. The ballot papers shall be in the following form- -

c a r( FOR

THE BYLAW

AGAINST THE BYLAW

Bylnwtnflu tiiiies and places

5. The council shall by the bylaw fix a time when and a, place where the secretary-treasurer shall 3uni up the nnniber of votes given for and against the bylaw EXI a time and place for the appointtilent of persons to attend a t the various polling places and at the final summing up of the votes by the secretary-treasurer on behalf of the persons reepectively interested in promoting or opposing the passing of the bylaw respectively.

6. At the time and place named the mayor if requested

ut the final summing up of the votes and one person to attend a t each polling place on hehalf of the persons inter&ed in promoting the passing of the bylaw and n like number on behalf of the persons interested in and opposing the passing of the bylaw.

?'. Before any person is so appointed he Rhttll make and siibscribe before t h e mayor or the secretary-treasnrer a declaration in the following form-

I , the undersigned A.B., do solerrinly declare that I a m a burgess of the city of Edmonton and that I am interested in promoting (01' opposing (1s the case w y be) the passing of the bylaw (hare insert object of the bylaw) to be submitted to thc

Appointment

tlvo6 rcprebc,,,a. 01 shall appoint \)y writing signed by him two peimns to attend

Oath by wPointee

burgesses of the said city on the day of 19 (Signature) AB.

C.D ,

E.F.,

Declared before me this day of A.D 19

Mayor.

Secre tnry- treasu rer.

or

$8

. . .. _ _ . _.. ... -. . -_I

1904

8. pollinl may t return

9. 1 attend votes I

may u officer form 1: absent

I, tl burges pron:o bylaw buyges

Decl

IO. be eirt other t isetl to

I I . burges been n stsl)le pol 1 ing

or aga StiLtiotil stnte tl iuch bi

(2 ) 1 returni the rig during wti r( 1 huve L shall at ficute s place I re turni during

(3) I voting

\ I L L 1 1 8'


8. Every person so appointed before being admitted to the f;;:;;;z;n;f polling place or to the summing up of the votes as the case may be shall produce his written appointment to the deputy returning officer presiding at the poll.

9. I n the absence of any person authorised as aforesaid to Snbrtltute attend a t a pollin5 place or a t the final summing up of the votes any burgess in the same interest as the person so absent may upon making and subscribing hefore the deputy returning officer or the secretary-treasurer a declaration in the following form be admitted to the polling place to act for the person so absent-

I, the undersigne(1 A.B., do solemnly declare that I am a burgess of the city of Edmonton, and that I am interested in promoting (01’ oppming, us the case may be) the passing of the bylaw (here i n s e r t olqect of the bylaw) to be submitted to the burgesses of the said city on the day of 19

(Signature) A .B.

C. D., Declared before me this day of A.D. 19

Deputy returning officer.

IO. During the time appointed for polling no person shall Z T n c e n t be entitled or permitted to he present in any polling place ---I

other than the officers, clerks and persons or burgesses author- isetl to attend as aforesaid at the polling plttce.

burgess entitled to vote at one of the polling places who has been appointed deputy returning officer, poll clerk or constable or who has been named as the person to attend a t a polling place other than the one where he is entitled to vote sh;Jl give to such burgess certificate he is entitled to vote for or against the bylaw a t the polling pliice whare he is to be stationed during the polling day ; and the certicate shall also s t d e the property or other qualification in respect to which such burgess is entitled. so to vote.

deputy returning oficer, poll clcrk, constable or other person shall have the right to vote a t the polling place where he is stationed during the polling day instead of at the polling place of the ward or polling subdivision where he would o the rdse have been entitled to vote ; and the deputy returning officer shall attach the certificate to the voters’ list ; but no such certificate shall entitle any such burgess to vote at smh polling place unless he has been rcctiitllly engaged as such deputy returniug.oflicer, poll clerk, constable or other person aforesaid during the whole of the day of polling.

(3) In the case of a deputy returning officer or constable voting as aforesaid a t the place at which he is appointed to

99

I 1 . The secretary-treasurer or on the request of any Certific?teR to cortnin parsons

( 2 ) Upon the production of the certificate siich

~

. .. i i.

: L

I.

56

Voters lists

Certiflcate

' . . -


act under a certificate granted under subsection 1 of this section the poll clerk or in the absence of the poll clerk any one authorised to be present a t the polling place may administer any of the oaths required to be taken by u burgess in order to establish his right to vote on the bylaw.

12. The secretary-treasurer before the poll is opened shall prepare and deliver to the deputy returning o5cer for every ward or polling subdivision, a voters' list containing the names arranged alphabetically of all the burgesses entitled to vote on the bylaw in that ward or polling subdivision, a brief description of the property in respect of which each is entitled to vote and the number of votes to which they are respectively entitled and he shall attest the snid list by writing under his hand.

(2) Such list shall be prepared by the secretary-treasurer from the last revised assessment roll of the city but the council may up to the eighth day before the date fixed for the voting on the bylaw and upon the application of any person who has ceased to have the neccessury qualitication or to include therein the name of any peraon who lias since the final revision of the said roll acquired I uch qualification.

100

, 1904

of this rk any dminis- in order

:d shall lr every 3 names vote on descrip- itled to ecti vcly ider his

‘easurer but the for the person

L or to ;lit: final

1904 CITY OF EC ON TON Cap. 19

13. The voters’ list shall be in the following form- Form

I

l i i I

57

14. At the day and hour fixed im aforesaicl -the iolls s ta l l Vote by ballot be held and the votes shall be taken by ballot.

15. The polls shall be kept open frsm nine o’clock in the Duntior1 farenoon until five o’clock in the afternoon of the same day.

I G . Every deputy returning officer, poll clerk. constable Otficers oaths or agent authorised to be present at any polling place a t the

101

5s Cap. 19 CITY OF EDMONTON 1904

voting on a bylaw shall before exercising any of the rights or functions of his office take and subscribe before a justice O E the peace or (in the case of a poll clerk, constable or agent) before the deputy returning oficer presiding at the poll an affidavit in the following form-

I, A.B., do solemnly promise and declare that a t the voting on the, bylaw submitted to the burgesses of the city of Edmonton (the voting on which has been appointed for this day), I will not attempt in any way whatsoever unlawfully to ascertain the manner in which any burgess shall vote or has voted, and that I will not in any way whatsoever aid in the unlawful discovery of the same; and that I will keep secret all knowledge which may come to me of the manner in which any burgess has voted on the by-law.

Declared before me this day of , A.D. 19 c. 13.

Justice oj the Peace (or Secretary-treasure,.).

Directions to voters

17. The printed directions to be delivered to the deputy

DIRECTIOKS FOR THE GUIDANCE OF VOTERS IN VOTING.

returning officers shall be in the following form-

The voter will go into one of the compartinents and with the pencil (provided in the compartmect) will place a cross (thue X) on the right hand side in the upper space if he votes fcr the passing of the bylaw .and in the lower space if he votes against the passing of the bylaw.

The voter will then fold up his ballot paper or ballot papers so as to show t h o name or initials of the deputy returning officer signed on the back and leaving the compartment will without showing the front of the paper to any person deliver such ballot or ballots so folded to the deputy returning oficer and forthwith quit the polling place.

If the voter inadvertently spoils a ballot paper he may return i t to the deputy returning officer who will if satisfied of such inadvertence give him another ballot paper.

If the voter places on any ballot paper more than one marlr or any mark by which he may be afterwards identified or if any ballot paper has been torn, defaced or otherwise dealt with by the voter so that he can thereby be identified i t will 'be void and will not be counted.

If the voter takes a ballot paper out of the polling place or deposits in the ballot box any ballot paper or papers except those given to him by the deputy returning officer he will be subject to imprisonment for any term not exceeding six months with or without hard labour.

In the following form the ballot paper (given for illuutraGon) the voter has marked his-paper in favour of the passing of the bylaw.

\

102

1904

' P , : 2 5. - 0 ' - 4 . I . g - * a < . I

: 2- : g -

: g .

. . * tD' * E . 4 . .C

I !I. who is and up who is one wh votes; , votes. shall i voter i.. entitle1 returni separar aforesu

2 0, each w

% I , requirc entitlel recordt or to t'

You 'J'h ii t

is u frt That That

That 1'C \Y art1 which

That' \lie vot

(In I vote.)

That proinis' vote 01 of teaii

bylaw

1904

rights ice of tgent) )11 an

,t the

* this

r has ~1 the secret ghich

19

w e ) . ) .

ty of

Ily to

ePutY

NG.

with cross votes if he

apcrs rning i will eliver rning

may ;isfied

inark or if dealt

; will

tee or !xcept *ill be g six

ation) Df the

1904 C f Y OF EDMONT€+N Cap. 19

0 Q, I-

FOR THE BYLAW- X

AGAINST THE BYLAW

59

I!). In voting on bylaws creating debenture debts a burgess Cumlllatire who is assessed on the last revised assessment roll for $lOO\Oti"g and upwards to $599 shall be entitled to one vote ; a burgess who is assessed for $600 and upwards to $1,199 for two votes ; one who is assessed for $1,200 and upwards to $1,999 to three votes; and one who is assessed for $2,000 and upwards to four votes. The secretary-treasurer in preparing the voters' list shall insert in the column tended "No. of votes to which the voter is entitled" the number of votes to which each burgess is entitled under the foregoing provisions ; and every deputy returning officer shall deliver to each voter a t the poll a separate ballot paper for each vote to which he is entitled as aforesaid.

20. Every Lu~geso shall be entitled to vote on the hyluw in Vote- i n sei oral wards each ward in which his naine appears in the voters' list

% I . Every burgess tendering a vote on the bylaw may be o m of voter required by the deliuty ieturning officer or by any ratepayer entitled to vote on the bylaw to make before his vote is recorded the following oath or affirmation or any part thereof or to the effect thereof:

You swear that you are of the full age of 21 years ; 'J'hat you are a freeholder in your own right (or your wife

is a freeholder) in this ward ; That you have not voted before on the bylaw in this ward ; That you are according to law entitled to vote on this

bylaw in this ward ; That you have not directly or indirectly received any

reward or gift nor do you expect to receive any for the vote which you now tender ;

That you are the perpon named (or intended to be named) in the voters' list (showiny thL: voters' list to the voter) ;

(In the case of an, unmarried woman or widow claiming to vote.) That yo11 are unmarried (OT a,widow as the case may be);

That you have not received anything nor has anything been promised to you directly or indirectly either to induce you to vote on this bylaw or for loss of time, travelling expenses, hire of team or any other service connected therewith ;

103

.. . . _. . . . - . . .

60 Cap. I9 CITY OF EbMONTON 1904

And 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. and no inquiries shall be made of any voter except with respect to the facts specified in the above oath or affirmation

Oath on beealf 22. The chief resident officer of any corporation tenderiag a vote on the bylaw may he required by the deputy returning officer or by any burgess to make before his vote is recorded the following oath or affirmation or any part thereof-

That you are the chief resident oficer of the (nunting the corporution).

That the said corporation is a freeholder in this ward. That you have not cast any vote on the bylaw on behalf of

the corporation. '

That you are according to law entitled to vote on the bylaw as chief resident o5cer of the said corporation.

That the said cnrporation is the corporation named (or intended to be named) in the voters' list (showing the voters' list to the voter).

That neither you nor to the best of your ,knowledge and belief the said corporation has 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 neither you nor to the best of your knowledge and belief the said corporation has received anything or been promised anything directly or indirectly either to induce you to vote on this bylaw or for loss of titne, travelling expenses, hire of team or any other service connected therewith.

And that neither you nor to the best of your knowledge and belief the said corporation has directly or indirectly paid or promised anything to any person either to induce him to vote or to refrain from voting, and no inquiries shall be made of any voter except with respect to the facts specified in the oath or aflirnmtion.

23. The written statement to be made by every deputy returning officer at the close of the polling shall be made under

1. Name or number of ward or polling subdivision and

2. Number of votes for and against the bylaw, 3. Rejected ballot papers.

of corporation

Deputy

omccr's stntement the following heads- returning

date of voting.

ObjectionR 24. The deputy returning officer shall take a note of a n y objection made by any person authorised to be present to any ballot paper found in the ballot box and shall decide any question arising out of the objection. Each objection to a ballot paper shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the deputy returning officer.

104

1904

25. E counting authoris his own as d e s k a short i the voti ward or

1. Th and of t

2. Th and hav

3. Th have he

4. Th 5. Th 6. Th 7 . Th

prescril statcme by the with t b objectic

24;. poll ce: words t polling before

secreta] clerk 1 book n. the ent

section be annr shall ti treasui

27. to do polling polling rejecte

28. papers

appoin ised to

puc It agt

. matie.

Votes ;

1904

iised r to

with ttion

?1'13Q ning lrded

g the

If of

ylaw

oters'

and eived )r do said

and been

2 you ?rises,

e and id or vote

spect

1 (or

aputy under

I and

i a n y any

: any to a

imber h l l ed

1904 CITY OF EDMONTON Cap. 19

25. Every deputy returning officer at the completion of the Count counting of the votes shall in the presence of the persons authorised to attend make up into separate packets sealed with his own seal and the seals of such persons authorised to attend as desire to atfix their seals and imrked upon the outside with a short statement of the contents of such packet, the date of the voting, the name of the deputy returning officer and of the warcl or polling subdivision :

1. The statement of votes given for and against the bylaw and of the rejected ballot papers ;

2. The used ballot papers which have not been objected to and have been counted ;

3. The ballot papers which have been objected to but which have been counted by the deputy returning officer ;

4. The rejected ballot papers ; 5. The spoiled ballot papers ; 6. The unused ballot papers ; 7. The voters' list and poll book with the oath in the from

prescribed by section 30 of Title V I annexed thereto u statement of the number of burgesses whose votes are marked by the deputy returning officer under section 18 of Title V I with their declarations of inability and the notes taken of objections made to ballot papers found in the ballot box.

poll certify under his signature on the poll book in full words the total number of burgesses who have voted at the polling place at which he has been appointed to preside ; and before placing the voters' list and poll book in their proper puckage as aforesaid he shall make and subscribe before the secretary-treasurer or before a justice of the peace or the poll clerk his declaration under oath that the voters' list and poll book were used in the manner prescribed by law and that the entries required by law to be made therein were correctly made. The decluration shall be in the form prescribed by section 30 of Title V I of this Ordinance and shall thereafter be annexed to the voters' list. The deputy returning officer shall then forthwith return the ballot box to the secretary- treasurer.

to do shall deliver to the persons authorised to attend a t his Of

polling place a certificate oC the number of votes given at the polling place for and against the bylaw and of the number of rejected ballot papers.

.

26. Every deputy returning officer shall at the close of the Return

.

27. Every deputy returning officer upon being requested so Certificate

__

61

28. The secretary-treasurer after he has received the ballot . secretarp Summar7 by

r 1 papers and the statements before mentioned of the number of treasurer votes given in each polling place shall a t the time and place

ised to attend or of such of them aa may be present without 105

appointed by the bylaw in the presence of the persons author- ' 4 . 6

P

12

D

62

OITences

Scrutiny

Notice

Cap. 19 CITY OF EDMONTON . 1904

opening any of the sealed packets of ballot papers sum up from such statements the number of votes for and against the bylaw ; and shall then and there declare the result and shall forthwith certify to the council under his hand whether the majority of the burgesses voting upon the bylaw have approved or disapproved of the bylaw.

2'3. Every officer, clerk and person in attendance a t a polling place shall maintain and aid in maintaining the secrecy of the voting a t the polling place.

(2) No officer, clerk or other person shall interfere with or attempt to interfere with a burgess when marking his vote or otherwise attempt to obtain at the polling place information as to the manner in which any burgess a t any polling place is about to vote or has voted on a bylaw,

(3) No officer, clerk or other person shall communicate a t any time to any person any information obtained a t a polling place as to the manner in which any burgess is about to vote or has voted on a bylaw.

(4) Every officer, clerk and person in attendance a t the counting of the votes shall maintain and aid in maintaininp the secrecy of the voting and shall not communicate or attempt to communicate any inforniatiou obtained a t such counting as to the manner in which any burgess has voted on a bylaw.

(5) No person shall directly or indirectly induce any burgess to display his ballot paper after he has marked the saiiie on any bylaw so &s to make known to any person the manner in which he has marked his ballot paper.

(6) Every person who acts in contravention of this section shall be liable on summary conviction before a justice of the peace to imprisonment for any term not exceecling six months with or without hard labour.

30. If within two weeks after the secretary-treasurer has declared the result of the voting on B bylaw any person who wns entitled to vote thereon applies upon petition to n jutlge after giving such notice of the application and to such persons as the judge directs and shows by affidavit to the judge reasonable grounds for entering into a scrutiny of the ballot papers; and if the petitioner enters into recognisance before the judge in the sun1 of $100 with two sureties (to be allowed as sufficient by the judge upon affidavits G f justification) in the sun1 of $50 each condition to prosecute the petition 'with effect and to pay the party against whom the same is brought any covts which may be adjudged to him against the petitioner the judge may if he thinks fit sppoint a day and place for entering into the scrutiny.

310 At least seven clear days' notice of the day appointed for the scrutiny shall be given by the petitioner to -such persons as the judge directs and to the secretary-treasurer.

106

e

190-

3' attei upor as h t then man for c to tl

3 : pow as h a nit of t' and

3- incoi n L z L t t

1 . the I a J U for i by:a to tl- ci tj-

(2 days

(3 tion trea- (leli\ ten I

(4 case shill 1

tionc whic

( 5 surer then utlie!

(6 and

su11-I

34

IP he 11 1 he ve

a :Y

3r te )n is

It ‘lz te

ie ‘P ir mh In

33 ‘n n

11 e IS

1s 0 .e IS L -

3 ; e

)f I -

0 S e

* _

1-1 h

1904 CITY OF EDbfONTOh cap. 19 ’

3% At the time appointed the secretary-treasurer shall :;;:we attend before the judge with the ballot papers ; and the judge upon inspecting the ballot paper8 and hearing such evidence as he may deem necessary and hearing the parties or such of them as may attend or their counsel shall in t i summary manner determine whether the majority of the votes given was for or against the bylaw and shall forthwith certify the result to the council.

Powers 33. The judge upon such scrutiny shall possess the like of judge power and authority BS to all matters arising upon the scrutiny aenerd as he possesses upoii the trial of the validity of the election of a member of the council ; and costs shall be in the discretion of the judge as in the case of applications to quash a bylaw; and he may apportion the costs a8 to him seems just.

34. All the provisions of Titles N. VI and VI11 so far as not inconsistent with the provisions of this title shall mutatis mutandis apply to proceedings under this title.

TITLE XXV.

QUASHING BPLAWS, ETC.

the passing of any bylaw or resolution of the council apply to a judge upon motion to quash the same in whole or io part for illegality; and the judge upon such motion iiiay 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 city and muy determine the scale of such costs.

(2) Notice of the motion shall -be served a t least seven clear days before the day on which the motion is to be niude.

(3) The bylaw or resolution may be proved by the production of a copy thereof certified under the hand of the secretary- treasurer and the city seal ; and the secretary-treasurer shall deliver such copy upon payment of a fee therefor a\ the rate of ten cents per folio.

(4) Before any such motion is rnntle the applicant (or in case the applicant is a coinpany some person on its behalf) shull enter into a recognisance before the judge himself in the suin 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 Supreme Court with the other papers relating to the motion.

(6) I n lieu of the recognisance mentioned in subsections 4 and 5 of this section the applicant may pay intocourt the suiu

1. Any elector of the city may within two months aftere;;;Qto

/

107 -

63

64 ‘Cap. 19 CITY OF EDMONTON 1904

of $100 as security for any costs which [nay be awarded against him; and the certificate of such payment into court having been made shall be filed in the Supreme 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 or to be 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 paicl in and paid out in like nianner as moneys are paid into and out of court in actions pending in the said court.

2. Any bylaw which has been procured to be passed through or by means of any violation of the provisions of sections 1 and 2 of Title VI11 of this Ordinance inizy be quashed upon an application made in conformity with the provisions herein contained.

I

BFlnws

P , ~ ~ ~ ~ ~ ~ ~ ~ corrwtiot l

--

TITLE YXVI.

FINANCE.

Accounts of 1. The secretary-treasurer shall keep in his books two r&tes,’sinki;g separate accounts of every debt one for the special rate and

one for the sinking fund or for instalments of principal both to be distinguished from all other accounts in the books by some prefix designating the purpose for which the debt was contracted ;\ and he shall keep the said accounts with any others that ore necessary so its to exhibit a t all times the state of every debt and the amount of moneys raised, obtained and appropriated for payment thereof.

2. If after paying the interest of a debt for any financial year and appropriating the necessary sum to the sinking fund of such debt or in payment of any instalment of principal there is a surplus a t the credit of the special rate account of such debt such surplus shall so remain and may be applied if necessary towards the next year’s interest; but if such surplus exceeds the amount of the next year’s interest the excess shall be carried to the credit of the sinking fund account or shall be applied in payment of the principal of such debt.

dohts spcci 1

ctc

Dispo-lof surplus

S i n k i n g f u ~ l d 3, No moneys levied and collected for the purpose of a sinking fund shall in any case be applied towards paying any portion of the current or other expenditures of the city save as otherwise authorised by this Ordinance.

4. The council may by bylaw direct that such part of the produce of the special rate levied and a t the credit of the

108

- specla1 rates

______

1904

sinki ture shall P a P for c repre not t and t such sinki direc

5. monc me ni ‘1 nione and t C o w

(2) be d perio of an brino

r, may 1

other

6. the UI

the i deben be di two 3’ penal judge the rr

7. respec accoii fund by re, shall I ties, 1

deben the ci one h aPPra exceel cipal 1 Provic currei may ii

904

nded iur t . the

idge the the

lica-

ider r as g in

)ugh 1s 1

rein

two ancl

I to i0Me Was any

;tate and

icial Iund :ipnl wch xes-

shall 3hall

,plus

i f a any e as

the the


sinking fund account or of the special rate of any debenture debt instead of being invested as hereinbefore provided shall (from time to time as the same occurs) be applied to payment or redemption a t such value as the council may fix for or of any part of such debt or of any of the debentures representing or constituting such debt or any part of i t though not then payable to be selected as provided in such bylaw ; and the council shall thereupon apply and continue to apply such part of the produce of the special rate at the credit of the sinking fund or special rate account as aforesaid in the manner directed by such bylaw.

5. In the event of the council diverting any of the said Liability In

moneys for current or other expenditure save as aforesaid the case dibeersiorl of of members of the council who vote for the diverting of saidmoneys moneys shall be personally liable for the amount so diverted and the said amount may be recovered by action in the Supreme Court.

(2) The members of the council who voted for the same shall be disqualified frurn holding any municipal office for the period of two years and in case the council upon the request of any elector refuse or neglect for one month thereafter to bring an action therefor in the name of the city the action may be brought by any elector on behalf of himself ancl the other electors of the city.

6. In the event of the council neglecting in m y year to levy Neglect to the amount required to be raised to provide a sinking fund on $le:l;sd6ink1ng the instalment of principal necessary for the payment of any debenture debt of the city every member of the council shall be disqualified froin holding any municipal office for the next two years ; but no member of the council shall be liable to the penalty hereby imposed who shows to the satisfaction of u judge that he made reasonable efforts to procure the levying of the rate for the said sinking fund.

7. If any part of the produce of the special rate levied in Invcstmcnt ot respect of any debt and at the credit of the sinking fund sir"i"g account or of the special rate account thereof or of any reserve fund cannot be immediately applied towards paying the debt by reason of no part thereof being yet payable the council shall froin time to time invest the same in government securities, municipal or school debentures or in local improvement debentures of the city or io any other debentures of the city or in first mortgage to an amount not exceeding one half of the sworn cash valuation of an independent appraiser or by way of the temporary use of an amount not exceeding 75 per cent. of the estimated amount of the municipal taxes to he levied by the general rate of the current year : Provided that such amount shall be replaced by the 'end of the current year ; and from time to time as such securities innture may invest in other like securities.

109


(2) The council may regulate by bylaw the manner in which such investments shall be made.

(3) It shall not be necessary that any of the debentures referred to in this section shal! have been disposed of by the council ; but they may apply the sinking fnnd to an amount equal to the amount of such debentures for the purposes to which the proceeds of such debentures are properly applicable ; and they shall hold the debentures as an investment on account of the sinking fund and deal with the same accordingly.

(4) The council may direct by bylaw that any surplus money? in the hands of the secretary-treasurer and not specially appropriated to any other purpose shall be credited to the sinking fund account of any debenture debt and may inrest such sinking fund in any of the securities nem,ed in and according to the provisionfi of this section.

Sorplus

civic works 8. The council may appropriate to the payment of any

debt the surplus income derived from any civic work or from any share or interest therein after paying the annual expenses thereof or may so appropriate any unappropriated nioney in the treasury or any money raised by general rate ; and any money so appropriated shall be carried to the credit of the sinking fund of the debt or reserve fund a8 the case uiay be or may be applied in payment of any instalment thereof accruing due ; or the council niay from time to time appropriate to a fund to l e known as a reserve fund part of any surplus income arising from any civic work for the purpose of meeting conlingencies which in the opinion of the council niay be thought likely to arise in connection therewith.

income from

Prohibition ms ‘3. No member of the council shall take part in or be a pwty to the investment of any moneys referred to in section 6 of this title otherwise than is therein authorised ; and any person so doing shall be held personally liable for any loss thereby sustained by the city.

to investmont

Con~olidntion of bpluws

10. In order to obviate EL difficulty which has been found tr, prevail in negotiating local iinproveinent debentures in consequence of inany of the same having to be issued for small and broken amounts the council may from time to time after the passing of bylaws covering the sevei-a1 amounts required for particular local improvements and without in any way affecting the liens on the property therein described pass [L collective or accumulative bylaw consolidating the several ainounts of the said debentures and may issue the new consolidated debentures in a general consecutive issue under such consolidating bylaw apportioning nevertheless the amount raised thereby and crediting each service with the amount previously fixed for the same under the individual bylaw passed in the first instance.

110

190

1 pass the 1

be g pttss1 affec

(2: shall Ed m

12 be ki there the i s under or stn treasu f O l l O \ \

1 3 . regis tc- the ci standi: be helc to havl the cit theretc purcha

14, t m u u 1’ any d c regis tci

I.?. any 19-1 the cit) of the de hentu or 11101” make st1 or a di period 1

the teri the case the am dehentu ~~eniainil

1 ii. A provisioi

904

in

ires the lunt 3 to ble ;

on ttme

plus not

i ted may and

,any rom nqes

in any

’ the

reof Ipro- any

3e of nl ay

Y be

be a :tion any

’ loss

ound 5s in I for e to )un ts I any pass

vera1 new

inder the

I the idual

1904 CITY OF ,EDMONTON Cap. 19 67

I I . Instead of passing separate bylaws the council may f;?pdated pass one bylaw for several local improvement works giving the same information concerning each of such works as would be given in the separate bylaws relating to each work and the passing of one bylaw covering severs1 distinct works shall not affect the validity of the bylaw.

(2) The provisions of this and the next preceding section shall apply to bylaws heretofore passed by the town of Edmonton.

1% The secretary-treasurer shall open and keep a book to Debenturp be knowu as I ‘ The Debenture Register.” I n the said book reg1ster there shall be entered particulars of every bylaw authorising the issue of debentures ; end of all debentures issued thereunder and every debenture issued shall have written, printed or stnmped thereon a memorandum signed by the secretary- treasurer with the proper particulars inserted therein in the following form :

I‘ Registered in the debenture register as No. under bylaw No. this - 19 .”

13. I n case any debenture is registered in the debentureERcctof register the same shall be valid and tinding in the hands of registration the city or of any bona fide purchaser for vnlue notwithstanding defect in form or substance therein ; and i t shall not be held or deemed to have been the duty of any such purchaser to have enquired into the authority (other than the bylaw) of the city to issue such debenture or into the title of the city thereto or into the proposed or actual application of the purchase price thereof.

14. A certificate signed by the mayor arid secretury- CertiRMtc treasurer and sealed with the corporate seal of the city that rcgisLr;ktion m y debenture has been duly registered in the debenture register shall be prima facie evidence of such registration.

15. I n case i n y debenture issued under the authority Of Cnnccllntion any bylaw has been sold, mortgaged, pledged or hypothecated Of debelrt‘lro the city niny upon again acquiring the same or at the request of the holder thereof cancel the surne and the entry in the tlebenture register of the issue thereof and thereupon issue one or more new debentures in substitution thereof; and niay make such new debenture or debentures payable by the same or a different inode of payment provided that neither the period over which the indebtedness %as originally spread or the term at the end of which the same was rnrtde payable as the case may be nor the rate of interest is increased and that the amount of the principal of such new debenture or tlet,entures does not exceed the amount of the principal I-eniaining owing upon the original debenture.

14;. Any debenture issued by the council may con tuin a Restriction of tmnafer provision in the following words -

111

68 Ca 19 CITY OF EDMONTON 1904

“This debenture or any interest therin shall not after a certificate of ownership has been indorsed thereon by the secretary-treasurer of this city be transferable except by entry by the secretary-treasurer or his deputy in the debenture register of the said city.”

.-

Certifloate of 17. In case of the issue of any‘debentures containing the o w m h i p of provision in the last section mentioned the secretary-treasurer

shall open and keep a debenture register in which he shall enter a copy of all certificates of ownership of debentures which he may give and also every subsequent transfer of such debenture, No such entry shall be made except upon the written authority of the person last entered in such book as the owner of such debenture or of his executors or adtninistrators or of his or their lawful attorney which authority shall be retained and duly filed by the secretary- treasurer.

(2) After a certificate of ownership bas been indorsed as aforesaid the debenture shall only be transferable by entry by the secretary-treasurer c r his deputy in such debenture register from time to time as transfers of such debenture are authorised by the then owner thereof or his lawful attorney.

debencure

. TITLE BXVII.

RATES!

LimiLtlions 1. The council shall in each year assess and levy on the whole ratable property wilhin its jurisdiction a sufficient sum to pay all valid debts of the city falling due within the year making due nllowance for the cost of collection and for the abatement and losses ~ h i c h may occur in the collection - thereof; but the council shnll not levy in any one year more than an aggregate rate of two cents on the dollar (exclusive of school rates and local improvement rates) upoli the total value of the assessable property within the city according to tlie lsst revised assessment roll thereof.

Bplom 2. The council may pass one bylaw or severnl bylaws authorising the levying and collecting of a rate or rates of so much in the dollar upon the assessed value of the assessable property in the city as shall be sufficient to raise the sums. required according to such estimates.

-

DoRciericy 3. If the amount collected fulls short of the sum required the council may direct the deficiency to be made up from any unappropriated fund belonging to the city.

Equnl 4. If there is no unappropriated fund the deficiency may be deduction . equally deducted from the sums estimated as required or from

any one or more of them. , 112

1904

5. shall the d priatt collec the a shall uas st

6. be cor tlie f i t tlie t expres cl i rec tc

1. treasu the h j person nicet t or to 1

H. ‘1 cent CI tlie on in ii n ic 1

of a n p the cc 11 old in-

1 . 1 n u t t w l E I I I ll 0 I I

person ntion i

2. 1 nccupi, the cit, Ortl i nti lnnti or power- resii I t \v 11 i el 1

H i d at mu t u ;II under t

I y i lgl

1904

ter a r the it b y

the

g the m r e r which

yuent made itered ,f his .orney 7 the

sed as entry

Sn ture such

or his

iF of

on the n t sum e year for the llection r more isive of ,l value

to the

3 auth- o much roperty 4equired

Sequired ,m any

may he or from I.

1004 CITY OF EDMONTON

5. If the sums collect,ed exceed the estimates the balance Slwlns . shall form part of the general funds of the city and shall be a t

Ihe disposal of the council unless otherwise especially uppro- priated ; but i f any portion of the amount in excess has becn collected on accouut of a special tax upon any particular locality the amount in excess collected on account of such special tax shall be appropriated to the special local object for which i t was so coll~~cted.

6. The rates or taxes imposed or levied for any year shallDa~pqPtyof be considei*ed to have been imposed uiid to bo due on and from taxes the first day of January of the then current year ending with the thirty-tirst dcLy of December thereof unless otherwise expressly provided for by the bylaw under which the same are directed to be levied.

treasurer to borrow either before or after the passing the by la^ levying the taxes far the current year from any person or hank such sum9 as the council deem necessary to nieet the current expenditure of the city until the taxes levied or to be levied for the year can be collected.

cent of the estimatcd amount of the taxes for the current year the ordinary current expenditure of tlic city in the preceding inunicipal j ea r ; and i f the council authorises the borrowing of any lrwger sum than the amount aforesaid every member of the council who votes: therefor shall be disqualified from holding any nrunicipnl office for two rears.

7'. The council may authorise the mayor and secretary- TelnporarS ofloans

H. The amount 90 borrowed shall not exceed eighty per~imitation

TITLE XXVIIT.

EXPROPRIATION.

1 . In CiLse the council dcsires to ncquire land for any purpose ~o t i in i i s~ ipne r nuthoiGed by this Orclinnnce the commissioners of the city of 'lag acq"lre EcI~norrton in case they c;iiinot acqoire the land ut a fair price hy agreement with the owners or occupiers thereof or other persons interested therein may acquire the same by expropriation in the name and on behalf of the city.

occupiers of or other persons interested in any land taken by the city in the csercise of any of the powers conferred by tlris 0rclin;ince due compensation therefor and pay damages for a n y land or interest therein injuriously affected bythe esercise of such powers the amount of such damages being such as necessarily result from the exercise of such po,vers beyond a n y advantage which thc cluininnt may derive from the contemplated work ; ~ i i d any claim foi* such compenstLtion or damages if not mutually agreed upon shall be determined by arbitration under this Ordinance.

113

2. The said commissioners shall make to the owners ~ ~ ~ o ~ n p o n s n t i o n ,


Deposit of plan of land taken

3. Before taking any land the commissioners shall deposit with the secretary-treasurer plans and specifications showing the land to be taken or used and the work to be done thereon and the names of the owners or occupiers thereof according to the last revised assessment roll.

(2) The secretary-treasurer shall thereupon notify such owners and occupiers of the deposit of the said plans and specifications and of the date of such deposit and that all claims for compensation for the land so to be taken; and the amount and particulars thereof must be filed with him within fifteen days from the date of the deposit of the saicl plans and specifications which date shall be thac with reference to which the amount of the compensation for such lands shall be ascertained.

(3) If any claimant under this section has not filed his claim within the period hereinbefore limited i t may be barred and extinguished on an application to a judge upon such terms as to notice, costs and otherwise as the judge may direct.

4. I n case any land not taken for any work or undertaking constructed, made or done by the commissioners under the authority of this ordinance is injnriously affected by such work oi;undertaking the owner or occupier or other persons interested therein shall file with the secretary-treasurer within fifteen days after notice has been qiven in CL local newspaper of the completion of the work his claim for darrlageb in respect thereof stating the amount and particulars of such claini.

(2) Such notice shall be given by the secretary-treasurer forthwith after the person iri charge of the work or undertaking hus given his final certificate and shall state the last day on vhich any claim under this section may be filed.

(3) The date of the publication of such notice shall he the date in respect of which the clamages shall be ascertained.

(4) Any claim under tliis section not made within the period hereinbefore limited shall be forever bawed and extinguished.

Compcnqatfon 5. Any claim for compensation for lands taken or damages apwrtenant in respect of lands iqjuriousl y affected shall be deemecl

appurtenant to the land and shull pass by m y transfer or conveyance tliereof.

Chins for damages

to Lind

Tr,,qtceq&. 6. In the case of land which the city has authority under tliis Ordinnnce to take without the owner's consent corporations, tenants for life, guardians, committees and trustees shall on behalf of themselves, their successors and heirs respectively and on behalf of those whom they represent (whether infnnt8, issue born, lunatics, idiots or others) have power to act as well in reference to any arbitration, notice and action under this Ordinance as in contracting for and conveying to the city any such land or in agreeing as to the amount of damages arising from the exercise by the cointnissioners of any power in respect thereof.

115

1904

12 to sc such or in f OU11 same

(3' absol to be into catio

7. 01% rt nforc subjjl said the > the s upon

8. or ai tr:in. is U I i n to city to tl ha\.(

( 2 dire( cullii resp affec or L I I ndju

(3 cluii iiitet and or i i

pel's

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accc the

0 I'd

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1904

:posit #wing ereon ng to

such and

t all iken ;

be !posit

thac I for

claitn I and ns as

itking r the

SUCll mons rithin

35 in such

Lsurer inder- 3 last

ie the 1 . 3eriod ished.

rnages setiied :er or

PaPcr

under orp or- ustees

11 ei 1.9 resent

have :e ant1 reying i n t of of any

1904 CITY O F EDMONTON Cap. 19 7 1

12) I n case there is no such person who can so act in respect to such land or in case any person intermted in respect to any such land is absent from the district O E Alberta or is unknown or in case his residence is unknown or he himself cannot be found a judge may appoint a person to act in respect to the same for all or a n y of the said purposes.

(3) I n case any person acting as aforesaid has not the absolute estate in the property the city shall pay the amount to be paid in respect of such property ps a judge shall direct into court and the city shall not be hound to see to the application of any sun1 so paid.

7’. The cornpermtion or damages which may be agreed upon corn ensntion o r rewarcled for a n y land taken or injuriously affected as ~ ~ ~ t { ~ ~ l ~ ~ f i ~ u

aforesaid shall stand in the stead of such lands and shall beofland subject to the limitations and charges (if any) to which the said lands were sul)ject and any claim to or encumbrance upon the said lands or to or upon any portion thereof shall as against the said city bo converted into a claim to the money so agreed upon or awarded or to a like proportion thereof.

H. If any person to whom the compensation or damagesve,ti”goraer or any part thereof is Payable refuses to execute the proper trnnsfer, discharge or other instrument or cannot he found or is unknown the city may pay such compensation or darnages in t o court and thereupon the judge on the application of the city may grant an order vesting in the city the absolnte title . to the lands in respect whereof such compensation or dairiuges have been paid into court.

(2) A notice in such form and for such time as a j u d g e may direct shall be inserted in a newspaper of t h e city of Edirionton calling upon persons entitled to compens:ntion or darnaqes in respect of any lands or any part thereof so taken or injuriously uffectetl to file their claims to the said compensation or darnages or any par t thereof: and a11 such claims shtill be received Llnd adjudicated upon by the said judge.

(3) Any judgment i; such proceedings shall forever bar all claims to or in respect of the lands or any par t thcreof and d l i1ltere5ts therein and to the conipensation or darnages therefor and the judge shall make such order for distribution, payment or investment of the money and for securing the rights of all persons interested therein us may be necessary.

9. The coinrnissioiiers of the city of Edmonton in all CasesTcnder where chinis for coinpensation or darnages are made against the city which under the provisions of this nr any other 01-dinance are dcclared to be the subject of arbitration in the event of the parties not being able to agree nlay tender to any per>on making such claim such amount as they consider proper compensation for the land taken ; and in the event of the non- acceptance by the clainiaiit of the amount so tendered and of the arbitration being proceeded with if a n award is obtained

11s

I

t

72

Arbitration

Arbitrat,ors fee?;

EfkCt o f rcfcrcnm

Costs

Notcs o f evidcnce a n d view

Effect of R


for 'an amount not greater than the amount so tendered the costs of the arbitration and award shall unless otherwise directed by the arbitrator be awarded to the city and set off' against any amount awarded against them.

10, Where a claim is made for compensation or damages by the owner or occupier of or other person interested in lands taken by the cornmissioners or which is alleged to have been injuriously affected in the exercise of any of the power of the commissioners in the event of the coinmissioriers not being able to agree with the claiinaint as to the amount of compensation or damages the same bhall he settled and determined by the award of a ,judge or of an advocate to Le appointed by him.

1 1 . The fees to be paid to the judge or the arbitrator appointed by him upon any arbitration shall be as follows-

For every meeting where the arbitration is not proceeded with but an enlargement or postponement is macle a t the request of eitller party $3.00 ;

For every day's sitting to consist of not lcss thrm 6 hours 620.00 ;

For every sitting not extending to 6 hours (fractional parts of hours being excluded) where the .arbitration is actually proceed with for each hour occupied 33.00.

1 % The reference of any such claitn to a judge shall not be . deenied to be an admission of m y liability on the part of the city ; and all defences and ol7jections shall be open to tither party as if an action had been brought.

1 3 . The judge or other arbitrator may award the payment by m y of the pnrties to the other of the costs of the arbitm- tion or of any portion thereof arid may direzt the scitle on which such costs s1isll be taxed iil which case the costs shall be tasetl by the oficer of the court without any further order : and the amount so determined shall be payable within one week after taxation.

14. In case of an award under this Ordinance the judge or other ai-bitrator shall take and iininediiLtely after making of the zLnwrd shall file with the se2retary-treasurer for the inspection of all partie3 interested f u l l notes of the oral evidence given on the reference and also all documentnry evidence so gjven or a.copy thereof ; and in case hc proceeds partly on n view or any knowledge or skill possessed by hitn he shd l also put in writing a statement thereof.

15. The award shall not be binding on the city unless i t is adopted by the city by bylaw within one month after the making of the award ; and if not so adopted the property shall stand as if no arbitration had been held and the city shall pny the costs of the arbitration.

116

1901

I , law conti enac oblig actio such and t ltiine had tiff u

2. part (

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1904 wry OF E D ~ O N T O N Clap. 19

TITLE XXIX.

ACTIONS BY AND AGAINST CITY.

1 . Where duties, obligations or liabilities are imposed by R.;:;;;;;; law upon any person, company or corporation or where contracts or agreements are or have heretofore been created, enacted or validated by any statute imposing such duties, obligations or liabilities the city 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 reniedies as could have been main- hined, 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 or interested.

2. I n case a bylaw or resolution is illegal in whole or inNoticeof action in part or in case anything has been done under i t which by certain cases reason of such illegality gives any person a right of action no

such action shall be brought until one month has elapsed after the bylaw or resolution has been, quashed or repeltled nor untZone month’s notice in writing of the intention to bring the action l m been given to the city ; and every such action shall be brought against the city alone and not against any person acting under the bylaw or resolution.

3. I n case the city or the commissioners tender amends to ’p:yas tlic plaintiff or his solicitor if such tender is pleaded and if traversed and no more than the amount tendered is recovered the plaintifl shall have no costs but costs shall be taxed to the defendant on such scale us the presiding judge may direct and shall be set off against the amount recovered ; and the balance due to either party may be recovered as in ordinary cases.

-- TITLE XXX.

HIGHWAYS AND PUBLIC PLACES.

1. The jurisdiction over every public road, street, lane, \vitliiil tilo alley, square or other public place in the city oE Edmonton is city hereby vested in the corporation of the said city.

2. The Lieutenauk Governor in Council may by Order in JVithonl the Council vest in the city jurisdiction over any highway, bridgeCitY or stream not wholly within the city limits or any part of such highway, bridge or s t ream

3. All the rights, powers, authority, duties and privileges of ~ c r r i e s the Lieutenant Governor in Council or of the Lieut,enant Goveriior or of the clerk of the Legislative Assembly under and by virtue of The Ferries Ordinance and any Ordinance now or hereafter to be made in relation thereto shall becolne

117

74 Clap. 19 CITY OB ED3iONTON 190.5

and be vested in the city horeby erected in so far only hoGever as regards any ferry or ferries now or a t a n y time hereafter operated to or from any place or places on the north or north- westerly edge of the North Saskatchewan river where i t forms one of the boundaries of the city hereby erected.

Closingefc of street8

4. The city niay pass bylaws for- 1. The closing and selling or leasing of any public highway

the fee whereof is not vested in the Crown provided that no such bylaw shall be passed unless a t least two weeks’ notice of the intention of the council to pass the same be served upon the persons registered or assessed as the owners of the lands abutting upon the portion of highway so proposed to be closed and sold or leased and published previous to the passing of tlie

. bill in a t least two weekly issues of a newspaper publislied in the city nor until any person who claims that his land will be injuriously atfected thereby and petitions to be heard hits been afforded an opportunity to be heard by himself or his agent in relation to the proposed bylaw ;

2 Any such person 80 claiming, petitioning and appearing shall be entitled to be conipensated for all damage to his land by reason of anything done under the bylaw; such conipensation to be determined in the same manner and subjkct to the same conditions as in the case provided for

’ by Title XXVIII, of this Ordinance.

Repairs 5. Every public road, street, bridge, highway, sqnare, alley or otlier public phce belonging to the city including all crossings, sewers, culverts and approaches, grades, sidewalks and other works made or done therein or thereon by the city or by any person witli the perrnission of the council shall be kept in repair by the ci ty; and on default of the city so to keep the same in repair the city (besides being subject to any punishment provided by law) shall be civilly responsible for all damages sustained by m y person by reason of such default.

6. The last preceding section shall not apply to any road, street, bridge, alley or square, crossing, sewer, culvert, sidewsl k or other work made or laid out by any private person until thc same has been established as a public work by bylaw or has been assumed for public use by the council or by the conimissioners of the city of Edmonton.

7. In case an action is brought against the city to recover daiutlges.sustained by reason of any obstruction, excavation or opening in or new to a public highway, street, bridge, alley, square or other public place placed, made, left or maintained by any person other than a servant or agent of the city or to recover damages sustained by reason of any negligent or wrongful act or omission of any person other than a servant or thgent of the city the city shall have a remedy over against the other person for and may enforce payment accordingly of the damages and costs if any which the plaintiff in the action may recover against the city.

- 118

Private dedication

City’arerlledy

OP damnges over i n nction

rei: hip dai in

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8. The city shall be entitled to such remedy over in tlieInsameaotion same action if the other person is inatle a party to the action ; and if it is established in the action as aguinst the other person that the damages were suetained by reason of an obstruc- t ion, excavation or opening as aforesaid placed, made, left or maintained by such other person ; and the city may in such action have the other person added as a party defendant or third party for the purposes hereof (if not already a defendant in the action jointly with the city) ; and the other person may defend such action as well against the plaintiffs claim as against the claim of the city to a remedy over ; and the judge upon the trial of the action may order costs to be paid by or to any of the parties thereto or in respect of any claim set up therein as in other cases.

9. If such other person be not a par’ty dsfendttnt to suchIn;;yte action or be not added as a party defendant or third party or if the city lias paid the claim for such damages before any action is brought to recover the same or before the recovery of damages or costs against the city thereiu the city shall havc a remedy over by action against such other person for such damages and costs us have been sustained by reason of any obstruction, excavation or opening placed, made, left or maintained as aforesaid.

10. Such other person shall be deemed to admit the vltliditj of the juclgtnent if any obtained against such city in cases onlylic~bility where a riotice lias been served on such person pursuant to the provisions of The Judicutwe Ordinanec or of any rules of court made thereunder or where such other person has atlinitted or is estopped from denying, the validity of such j ud g m en t,

,

.

P Admission of third party’s

’

I 1 Where no such notice has been served and there htis been o”p9y$$pn no sricli admission or estoppel and the other person has not been made e party defendant or third party to the action against the city or where damages have been paid without action or without recovery of judgment against the city the liability of the city for such d a n i a p and the fact that the damages were sustained by reason of an obstruction, excavation or opening placed, made, left or iriaintained by the other person niust be established in the action against such other person in order to entitle thc city to recover in such action.

1 % Where the city and an adjacent municipality or Joint liability adjacent municipalities are jointly liable for the keeping in repair of a public road, street, bridge, stream or other highway there shull be contribution between them as to the damages sustained by any person by reason of their default in keeping the same in repair and any action brought by any such person shull be brought against all of such municipalities jointly and any defendant therein may require that the proportions in which nny damages and costs recovered in the

119

c E _ . _. . .. .. - . . - - .. .- -. . -

Cnp. 19 CITY O F XDMONTON 1904

action are to be borne between them shall be determined therein and in settling such proportions either in the action or otherwise regard shall be had to the extent to which each municipality was responsible either primarily or otherwise for the act of omission for which the damages have become payable or are recovered and the damages and costs shall be apportioned between them accordingly.

Liiuihtion of liabilit,y

13, Xothing contained in sections 5 or 6 of this title shall cast upon the city any obligation or liability in respect of acts done or omitted to be done by other persons acting in the exercise of powers or authorities conferred upon them by law and over which the city has no control where the city is not a party to such acts or omissions and where the authority under which such persons have acted or shall act is not n bylaw, resolution or license of the council.

S o l i ; ~ i t y o n 14. Where an action rnay be brought against the city hy any person who has suffered dnrnape by reason of the default of the city in keeping in proper repair any public road, strcet, bridge, highway, square, alley or other public place no action shall be brought in respect of such damage against any member of the council or officer or, employee thereof personally Lut the remedy therefor shall be wholly agaiiist the city.

(2) This section shall not affect the liability of 8 mere contractor with the city nor of any officer or employee of any such contractor by reason of whose act or neglect the daiiiilge was caused.

officer of city

_ _ . - . . -

TITLE XXXI.

ASSESSMENT.

.Ls%c.mcnt 1. The cominissioners rnay divide the city into assessment districts for each of which one or more assessors may be appointed ,

diblrict i

complctlon of 2. The work of each assessor shall be revised by the corn missioners and shall be completed in each year by the thirtieth day of April.

R.SCsall lCllt

120

. ..

. .

1904 CITY OF EDXONTON Cap. 19 77

Form of . a~sessmen t 3. On or before the tirst dey of May in each year the

commissioners shall deliver to the secretary-treasurer the roll assessment roll for the city in the following form-

! I -

I --

--

121

78 Cap. 18 CITY 0%' EDMONl'ON 1904

Fraudulent 4. If any ussessor makes fraudulent assessment or wilfully and fraudulently inserts in the assessment roll the name of any person who should not be, entered therein or wilfully or freudulently omits the iinme of any person who should be entered therein or wilfully neglects any duty required of him by this Ordinance he shall be liable to a penalty of $100.

assessment

Not ice of publlcption

5. The secretary-treasurer forthwith after receiving the said roll shall publish in R newspaper published in the city a notice in the following form :

CITY of EDMONTON. Assessment Roll, 19

asseamien t by

Notice is hereby given that the assessment roll of the city has been prepared and .is now open to

inspection a t my ofice in the city hall from ten a.m. to four p.m. on every judicial day except Saturday (and on that day from ten a.m. to mid-day), und that any ratepayer who desires to object to the assessment of hiiriself or of any other person must within twenty days af ter the date of this notice lodge his complaint in writing a t my oEce.

. for the year 19

Dated this day of 19 A.B.

Secretary-Treasurer.

Sotice by illail (i. The secretary. treasurer shall also within ten days after the receipt by him of the assessment roll t ransni t by post to every person named thereon an assessment slip containing the particulars appearing in the roll with respect to such person.

(2) There shall be appended to every such assessment slip a notice of the last date upon which complirints may be lodged as tised by the notice under .section 5 of this title and there shall Ire endorsed thereon a written or printed form of complaint as given in section 8.

(3) No assessment shall be invalidated by any error in the sssessunent slip transmitted as aforesaid or by reason of the nontransmission or nonreceipt thereof by the person to whom it WRS addressed.

?'. If any person named in the said roll thinks that lie or Appenl to coriiiiiissioners nny other person hHs been assessed too low or too high ur that

his name has heen wrongly inserted in or omitted from the roll or that any person who should be assessed as a public school supporter has been assessed as a wpurcite school supporter or vice versa he may within che time limited as aforesaid give notice in writing to the secretary-treasurer that he appeals to the commissioners to correct the said error nud i n such notice he shall give a name and address where notices inay be served upon hini.

122

1904

8.

To TI

SI€ ward of @P

Da

9. SllCh affect1 the si

1 0 befort

1 1 treast form door sittin

AF

A PI'

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04

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11.

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1904 CITY OF EDMONTOS Cap. 19 79

8. Every such'complaint shall be in the following form-

To THE COMMISSIONERS OF THE CITY OF EDMONTON-

ward No. SIR,-I hereby appeal against assessment No. in

on the following (here state grounds

Form of notice of appeal

of nppecil). C. D.

Appellant. Dated this - day of . . 19

9. The secretary-treasurer shall forthwith notify every p;$;;f siich appellant and every other persou whose assessment is affected or inay be affected thereby of the time and place of the sittings of the comiuissioners to hear the said appeal.

before the sitting of the commissioners. 1 0 . Every such notice shall be given a t least three days Rule of notice

1 1. Before the sittings of the commissioriers the secretary- Listof appeals treasurer shall prepare a list of Che appeals in the following forin which list shall be posted up on a notice board a t the door of the city hall and shell cmtinue 90 posted during the sittings of the commissioners :-

APPEALS to be heard by the commissioners of the city of Edmonton on the day of 19

APPELLANT. RESPECTING WHOM. MATTER COMPLAINED OF+ A . 13. . . . . . . . . . .Self . . . . . . . . . . . .Overcharged on lund. C. D.. . . . . . . . . . . .E. 3'. . . . . . . . . . . .Name omitted. G. H.. . . . . . . . . . . . J. K.. . . . . . . . . . . .Not honn f i d e owner

L. M . . . . . . . . . . . . . Self. . . . . . . . . . I~iconie overcharged. or tenant.

&C. &C.

1%. The secretary-treasurer shall be the clerk nnd secretary Secretary of the commissioners when they are sitting upon assessment appeals.

13. The appeals sliall be heard as far as possible in theconduct of order in which theg stand upon the said list but the commissioners inay adjourn or expebite the hearing of any appeal as they think fit.

14. If the appellant, or any other person whose assessment son. is affected or may be affected by the result of. the appeal fails'ppe'rrance to appear in p2rson or by an agent the commissioners may proceed ex parte.

plainnnt or assessoy or the person coinplaincd against except where the comrnissioners deem it necessary or proper or where the evidence of the person is tendered on his own behalf or is

123

15. It shall not be necessary to hear upon oath the com- Evidence

required by the opposite party. -

80 Cap. 19 CITY OF EDATONTON 1904

Termination 16. All the duties of the said commissioners under the foregoing sections shall be completed by the fifteenth day of J u n e ; and no appeal to the said commissioners shall be heard after that date.

of sittings

OP AtllendmCtlt roll 13. Forthwith after the conclusion of the sitting3 the secretary-treasurer shall amend the assessment roll in accordance with the decisions of the commissioners. Every such amendment shall be made in iuk of a different colour from thiLt of the original roll and shall be verified by the initials of one of the conimissiouers.

Uill(Iing effect

roll 18. The roll as finally passed by the coxrtmissioners and

certified by the secretary-treasurer as so passed shall (except in so far as the same may be so further amended on appeal to the council) be valid and bind all parties concerned notwithstanding any defect or error committed in or with regard to such roll or uny defect, error or misstateicent in the notice required by section 9 of this title or any omission to deliver or to transmit such notice,

of amended

Rvidcticeof roll

I!). A copy of the roll or of any portion thereof written or printed without any erasure or interlineation ilnd under the seal of the city certified to be a true copy by the secretary- treasurer shall be received as printn fucie evidence in any court of justice without the production of the original assess- men t roll.

Oiihissioti 20. If a t any time i t appears to any assessor that land

pruc'iori6 yeiirs or for either or both of the next two preceding years he sliall report the same to the secretary-treasurer who shall euter such land on the next roll as well for the arrears of the preceding year or years if auy as for the taxes of t!ie current y e u ; and the valuation of the land sliall he the average of the three preceding years if the land has been assessed i n any of' the said years. If it has not been so assessed the secretary- treasurer shall require the assessor for the current year to value the land ; and i t shall be the duty of the assessor to do so and to certify his valuation thereof in writing to the secretary- treasurer.

2 1. Where a person clainis to be assessed or claiiiis that another person should be assessed or named in the as3essnynt roll so as to be entitled to be an elector and the assessor has reason to suspect that the person so claiming or the person on whose behalf the claim is made has not a just right t o ' b e so assessed or to be: named in the roll so as to be entitled to be an elector the assessor shall make reasonable inquiries before assessing or naming arly such person in the assessment roll

i L I x e s s n , c t l L front roll of f,,-liable to ,izssessmmt has not been assessed for the current yetu

Duties of en tiica essessor as to

(2) Any person entitled,.to be assessed or to have his name inserted in the assessn~ent roll shall l e so assessed or shall

124

4

34

tie O f rd

$e d- :h m of

Id

to h- to :e :r

Pt

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3

1

1904 CITY OF EDMONTON

hilve his name so inserted without a n y request in that behalf ; and a person entitled to have his name so inserted in the assessment roll shall have the same right to apply to have the name of any other person inserted in the assessment roll as the other person would or could have had personally unless such other person actually dissents therefrom.

(3) Any person who wilfully and improperly inserts or procures the insertiori of the name of a person in the assessment roll and any person who wilfully inserts or procures the insertion of any tictitious name in the assessnient roll and any person who wilfulljr and improperly oniits or procures the oinissio~i of the name of any person from the assessinent roll or assesses or ~ J . O C U ~ W the nesessment of a person a t too low an ainoiint with intent in any such case to deprive tha t person of his right to be an elector shall upon conviction thereof be liable to a penalty of $25.00 with costs and to itnprisonrnent until the penalty and costs are paid.

The assessor shall accept the statement of any ratepayer or a statement made on behalf of any ratepayer by his authority tha t he is a supporter of public schools or of separate schools as the case may he and such statement shall be sufficient printa facie evidence for entering opposite the name of such person in the assessment roll the words ‘‘P, S. S.” or ‘IS. S. S.” us the case may be and in the absence of any such statement the assessor shall inake sucli entries in accordance with his belief.

( + )

22. It shall be the duty of every assessable person to give~,f,,,,,t,,, to tho assessor all informstion necessary to enable him to make to bcgi‘cn up the roll but no statement made by any snch person shall bind the iLssessor or shnll excu?e liiin froni making inquiry as to its correctness.

25, It shall be the duty oQ every person employing anyrnform.ztion other person in his trade, manufacture, business or culling to by e ~ l o ~ c t q give information corrcerning the names and places of residence of all personr employed by him whose wages, salary or rernun- eration exceed $200 per annum.

24. An appeal to the Council shall lie at the instance of the Appcni to city or of any person entitled t? appeal to the commissionersc”””‘’l not only against a decision of the coniinissioners but also against any omission, neglect or refusnl of the commissioners to hear or decide an assessment appeal

approve to be served by the appellant upon every person whose ‘lccL’lllg

assessment is or may be affected by such appeal of the time and I h c e a t which the appeal will be heard.

the said uppeal and if the appellant or a n y person notitied as aforesaid f d s to appear in person or by agent the council may proceed e 2 parte.

125

25. Tile council shall direct a notice in such forin tis they Soticeof

‘46. At the time and place appointed the council shall hear ~ c < ~ r ~ ~ l g

I

82

Limitation of time

Amendment of vote

Ado tion of I.071

Correction o f errors

Subjects of trtxation

Excmptions


on the hearing of any such appeal i t appears that the assessment of persons other than those already notified may be affected by the result of the appeal the council may direct notices to be*given to such perrions by the appellant and may adjourn the hearing from time to time but all appeals to the council shall be determined on or before the 30th day of June after which date the council shall have no power to hear an appeal.

28. Anyamendmknts in the roll which are rendered necessary by the decisions of the council shall be made by the secretary- treatsurer and initialled by the mayor.

29. The roll with any amendments made as aforesaid shall Le adopted by the council on or before the second day of July and shall thereupon become and be the revised assessment roll of the city:

Provided that there shall be a right of appeal from the decision of the council to a judge a5 provided by The Mu,nicipaZ Ord inunce.

27. If

30. The council may at any time correct any gross and palpable errors in the roll and any corrections so nislde shall he initialled by the secretnry-treasurer.

TITLE XXXII.

TAXATION.

1. Suhject to the other provisions of this Ordinance the municipnl and school taxes of the city of Edmonton shall be levied upon :-(1) land, (2) businesses, (3) income and (A} special franchise.

(2) Every person not otherwise liable to taxation shall pay an annual poll tax of $5.00 to be .collectable in the same manner as other municipal taxes.

2. ,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 the Parliarnent of

Canada or for the public use of .the Governnient of the Territories ;

3. If any property mentioned in the two preccding clauses is occupied by any person otherwise than in an official capacity the occupant shall be assessed therefor but the ,property itself shall not be liable ;

4. Every place of worship and land used in connection therewith not exceeding one acre and burying grounds ;

*

126 -

1904

.s that ed may

direct d may to the

t' June ear an

cessary retary-

1 shall If July :nt roll

mi the nicipal

15s and e shall

ice the hall Le md (4)

all pay e snme

ation- cluding

ent of of the

clauses official

)ut the

mection 3

1904 CITY OF EDMONTON Cap. 19 83 ' .

5. The building and grounds not exceeding four acres of and attached to or otherwise bonajide used in connection with and for the purposes of every university, every college, every . high school, public or separate school and every seminary of learning or hospital owned by a corporation whether vested in a trustee or otherwise, SO long as such building and grounds are actually used and occupied by such institution but not if otherwise occupied ;

preceding clauses shall nevertheless be liable to be assessed for locd improvements ;

and used only for civic purposes ;

thereto and used for the purposes thereof ;

6. The buildings and grounds exempt under the two ' *

?. All property (real and personal) belonging to the city

l i 1 5

I -

8. The jail, lock-up, court house and the lands attached

9. Every public library ; 1 .

10. The income of every person up to the amount of

3. Land shall be assessed a t i ts fair actual value. InModeof estitiatiiig its value regurd shall be had to its situation and the nssessment purpose for whicL i t is used or if sold by the present owner i t could and would probably be used in the next succeeding twelve months. I n case the value a t 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 gross i f the value a t which it is assessed bears a fair and just proportion to the value n t which lunrls in the immediate vicinity of the land in question are assessed.

(2) The mode of assessing businesses shall be as follows- The commissioners shall fix a rate per square foot of the floor space (irrespective of partitions, elevators, stairways or other obstructions) of ench building or part thereof used for business pinposes and shall as far as they deem practicable clussify the various businesses and may fix a different rate for each and in so doing may place a wholesale business in a cluss distinct from a retail business of otherwise the same class and may classify euch building or part thereof according to thc class of business carried on therein and may fix a diflerent rate for different classes of business, carried on under the same roof and for storehouses and warehouses or other like appurtciiarlt buildirig thau that fixed for the principal building and may fix a different rate tor different flats of buildings. Such rate shall not exceed $5 per square foot except in the cnse of banks, loan comprinies or other finuncial institutions in which case such rate shall not exceed 310 per square foot.

(3) The owner of a special franchise shall not be assessed in respect of business or income but in addition to an assebsment on land shall be assessed for the actual cost of tlie p l m t and apparatus less a yeusonable deduction for depreciation,

I27

$1,000.00.


Occupant or owner liahle

(4) No person who is assessed in respect of any business or special franchise shall be assessed in respect of the income derived therefrorn and no person who is assessed in respect of a n y business or special franchise or of any income derived therefrom shall be liahle to pay a licence fee in respect of the same business or special franchise.

4. The occupant of any building liable to taxation under the preceding section shall be liable for the businesb tax aforesaid though he may also be the owner of the premises nnd liable as such owner to taxation on the land.

Preparat ion and contents of roll

TITLE XXXIII.

TAXES.

1. On or before the first dny of October in each year the secretary-treasurer shall preliare a tax roll and therein proceed to collect the taxes specified.

(2) Tlie tax roll may be a continuation of the assessment roll and ehdl in tha t way or independently containy

( a ) The name of every person assessed ; ( b ) His residence ; ( c ) The nature of the property in respect of which he is

tlssc sse d ; ( d ) Tlie total amount for which he is assessed and there

shall be calculatecl and set down opposite each sucli entry in appropriately headed colunlns the s u m for wliich such person is chargeable hy way of taxes on account of (1) the general rate, wliich may include the general debenture rate ; (2) special rates; (3) school rates ; and (4) arrears, and the total thereof.

2. If a taxable person is LL resident of the city thesecretary- treasurer shall either trnnsrnit to him by post o. written or printed notice showing the m o u n t of the taxes payable by such person and distinguishing between

1. Taxes on land ; 2. Taxes on business income, or special franchise ; 3. School taxes ; and 4. Local improvement or other special t ax ;

or serve such notice upon any grownup person at the residence or business office of the person taxed anJ the secretary-treasurer shall immediately enter upon the roll a memorandum of the date of the sewice or posting of such notice and shall verify it by his initials and such entry shall be prima jcicic evidence tha t the notice was served or posted as aforesaid and of the tlate thereof.

12s

1 904

3. trea the trw of tl aucl noti

4 i m p to 1 tren and inst extc

5 of t the! imF cen- ven per

s e a oric

4

seq rec SPC disi bril prim

01’

ow1

or 1

r <

to tru evi

b

h i i I to 1

! th< rc( p1.t t l1 r trc plY otl


Tax notice 3. In case the taxable person is a nonresident the secretary- nonresident treasurer shall submit to him by post a similar statement of the taxes charged against him in the roll; and the secretary- treasurer shall immediately enter upon the roll a memorandum of the date of such transmission and verify it by his initials ; and such entry shall be prima f a c i e evidence that the said notice wus not transmitted and of the date of such transmission.

4. The council mity require payment of taxes including local Instalments improvement rates, sewer rates, school races arid all other rates to be made by the taxable person a t the office of the secretary- treasurer on any day or days and in bulk or by instalrnents ; and they niay also provide that on punctual payment of any instalment the time for payment of the remainder may be extended to a day or days to be named in the bylaw.

5. The council may by bylaw allow a discount for paynlentDiscounts of the aforesaid taxes or any part thereof or any instalrnent thereof on or before the day or days therein named and may impose an additiond percentage charge (not exceeding five per cent.) for nonpayment by the 31st day of December in the year on which the same were imposed ; and such additional percentage shall be added to any unpaid amount of taxes or assessments or rate or instalment and collected by the secretary-treasurer or by distraint or otherwise as if i t had been originally imposed by bylaw.

6. The tuxes dne upon any land rnay be recovered froin any ,L:.g;ks owner or tenant originally assessed therefor and from nny subsequent owner of the whole or of any part thereof fsaving his recourse against any other person) and such taxes shall be a special lien upon the land and shall be collectable by action or distrai:it in priority to every claim, privilege, lien or incum- brance of every person except the King ; and the lien and its priority shall nvt ' le lost or impaired by any neglect, omission or error of any officer of the city.

to the taxes payable Ly any person in the city certified as a true copy by the secretary-treasurer shall be conclusive evidence of the debt.

him which (FLS between him and his landlord) the latter oughtby to pay.

7. The production of a copy of so much of the roll as relatesEvidence

8. Any tenant may deduct from his rent any taxes paid by Deduction

9. Where taxes are due upon any land occupied by a tenantcollection from tenant the secretary-trensuser may give such tenant notice in writing

requiring him to p8y the secretary-treasurer the rent of the premises as it becomes due from tiwe to time to the amount of the taxes due and unpaid including costs; and the secretary- treasurer shall have the same authority as the landlord of the premises would have had to collect such rent by distress or otherwise to the amount of the unpaid taxes and costs; but

129

\ 86 Cap. 19 CITY OF EDMONTON 1904

nothing in this section contained shall prevent or impair any other remedy for the recovery of the taxes or any portion thereof from such tenant or from any other person liable therefor.

Distress taxes where for lien

10. In case taxes which are dl ien upon land remain unpaid in the case of a resident of the city for fourteen days after notice given under section 3 or in the case o€ nonresidents for one month after the posting of the statetnent provided for by section 4 of this title the secretary-treasurer may levy the same with costs by distress either-

1. Upon the good,o or chattels belonging to or in the possession,of the owner or tenant of the land whose name appears upon the roll (2nd who is hereinafter called “the person taxed”); or

2. TJpon the interest of the person taxed in any goods found on the land including his interest in any goods to the possession of which he is entitled uiider a coiltract for purchase or under a contract by which he may become the okner thereof upon performance of any condition ; or

3. Upon any goods or chnttels of the owner of the land although the name of such owner does not appear upon the roll; or

4. Upon any goods and chattels on the land where title to such goods and chattels is claimed in any of the ways following-

( a ) By virtue of an execution against the person taxed or against the owner though his name does not appear on the roll; or

( b ) By purchase, gift, transfer or assignment from the person taxed or from such owner whether absolute or in trust or by way of mortgage or otherwise ; or

8 ( c ) By the wife, hushand, daughter, son, daughter-in- law or son-in-lsw of the person taxed or of such owner or by m y relative of his in case such relativc lives on the land us a member of the family ;

( d ) By virtue of any assignment or transfer m d r : for the purpose of defeating distress.

Goods of 1 1 . Where the person taxed or such owner is not in posses- ;~;~;~rnt;lbtea sion goods and chattels on the land not belonging to the person seix,tble taxed or such owner shall not be subject to seizure ; and the

possession by a tenant of said good8 and chattels on the premises shall be sufficient prima facie evidence that they belong to him.

12. No distress shall be made upon the goods and chattels of a tenant for m y taxes not originslly assessed against him as such tenant.

Tenants goods

Distress where no lien

1 % In case tases which are not a lien on land remain iinpaid in the case of a resident of the city for fourteen dAys after

139

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?”Y *tion able

paid ,fter 3 for

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to ;- 3on -lot

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1904

B

CITY OF EDMONTON Cap. 19 87

notice given under section 3 or in case of a nonresident for one month after the posting of the statement and d e m p d provided for by section 4 of this title the secretary-treasurer may levy the same with costs by distress either-

1. Upon the goods or chattels of the person taxed wherever found within the city; or

2. Upon the interest of the person taxed in any goods to the possession of which he is entitled under a contract for purchase or a contract by which he may or is to become the owner thereof upon the performance of any condition ;

3. Upon the goods and chuttels in the possession of the person taxed where title to the same is claimed in any of the ways defined by subclauses (a), (b) , ( c ) of section 10 and with the words (‘ or against the owner though his name does not appear on the roil ” and the words “o r spch owner ” and the words “on the iand ” omitted therefrom.

1 4. Notwithshiding anything herein contained no ioods Stranger’s in the possession of the person liable to pay such taxes for thegoads p u r p ~ ~ s e only of storing or warehousing the sanie or of selling the same upon commission or as agent shall be levied upon or sold for such taxes.

15. Goods in the hands of an assignee for the benefit of A ssignee or liquidator

creditors or in the hands of a liquidator under n winding up order shail be lia,ble only for the t a w s of the assignor or of the coiripany which is being wound up und for the taxes charged upon the premises in which the said goods were a t the time of the assigninent or winding up order.and thereafter while the assignee or liquidator occupies the p e n i s e s or while the goods remain thereon.

16. Any goods and chattels esenlpt by Iuw from seizure Erertwtiona under execution shall not be liable to seizure by distress unless they are the property of the persoti taxed or of the owner though liis name does not uppear on the roll. *

17. The person who claims such exemption slid1 select and Selection point cut the goods ,and chattels as to which he claims eseni p tiori.

given pursuant to sections 2 and 3 of this title and before thediqtress expiration of the time for payment of the taxes the secretary- trewurer has reason to believe that any person in whose hands goods i ~ n d chattels are subject to distress is about to move the gootls and chattels out of the city and if he makes affidavit to that effect before any justice of the peace the justice may issue n warrant to the secretary-treasurer authorising him to levy for the taxes, costs ttnd expenses in the manner provided by this Ordinance although the time for payment thereof may not hiive expired und the secretary- t remirer may levy accordingly.

131

18. If at any time after demand has been inade or notice Anticipatory

88

Costs

Errors

Sale

Surplus, return of

- I , ::- - A :.. -- --

Contested claim

1

cap . 19 CITY OF EDMONTON 1904

19. The costs chargeable in respect of any such distress and levy shall he those psyable to bailiffs under chapter 14 of The‘ Consolidated Ordinances 1898 intituled An. Ordin- unce respecting Distress f o T Rent und Extru J u d i c i a l Seizu?-e.

20. No defect, error or oinission in the form or substance of the notice or statement required by sections 2 or 3 of this title or in the serrice, transmission or receipt thereof shall invalidate any subsequent proceedings for the recovery of the taxes.

2 1. The secretary-treasurer shall by advertisement posted up in at least three public places in the city near t o the distrained property give at least seven days public notice of the time and place of sale and of the name of the person whose property is to be,sold and at the time named in the notice the secretary-treasurer shall sell at public auction the goods and chat,tels distrained or so much thereof as may be necessary.

22. If the property distrained has been sold for more than the amount of the 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 the said surplus shall be returned to the person in whose possession the property was when the distress was made.

23. If the claim is made by the person for whose taxes the property was distrained and the claim is admitted the surplus shall he paid to the claimant.

24. If the claim is contested the surplus shall bc retained by the secretary-treasurer until the respective rights of the parties have been determined by action or otherwise.

Rensonsfor 25. If any of the taxes mentioned in the roll reinnin unpaid noncollection on the thirty-first day of December in any year arid the secre-

tury-treasurer is not able to collect the same lie shall show opposite to each assessment the reason why he could not collect the same hy inserting in each case the words nonresiclont ” or “ ?lot su f i c i en t p r o p e r t y t o d i s t r a i n ” or ‘ I anstructed b y c o i ~ n - c i l not to collect,” or i n s t ruc ted b y cozincil to return not collected,” or as the case may be. ,

TITLE XXXIV

SALE O F LAND FOR TAXES.

List and 1. Whenever any portion of taxes on any land has been due for one year calculated froin the 3 1st day of December of the year on which the same were imposed the secretary-treasurer shall prepare a list of all the lands in his books on which taxes are

132

ndvertisnient

- . L. .

.. .

. ..

t


so due with the amount of arrears against each lot set opposite to the same and the name and address of the owner if known and shall include therein in a separate column a statement of the proportion of costs chargeable on each lot for advertising and the sum of twenty-five cents for each parcel advertised for sale and the mayor and secretary-treasurer shall authenticate such list by affixing thereto their signatures and the seal of the city and the secretary-treasurer shall cause the said list to be published at least once a week for four consecutive weeks in at least one newspaper published in the city and for the next following five consecutive weekly issues of said newspaper preceding the day of sale therein named shall publish a notice therein in form following:

Sale of lands in the city of Edmonton for arrears of taxes, Notice is hereby given that certain lands in the city

of Edmonton will be offered for sale for arrears of taxes (stating the day, t ime and pEnce w$ere and when the said lands are to be sold and the dates of the issues of said newspaper in which a fu l l list of snid lands may be found) .

2. The advertisement shall contain u notification that Contents unless the arrears of taxes and costs are sooner paid the secretary-treasurer will proceed to sell the lands for taxes on the day ancl a t the place mentioned in the advertisement.

3. Every such notice shall specify the place, day and hour Particulars at which the sale shall coinmence and each lot or parcel of land shall be designated therein by a reasonable description for registration purposes.

4. All the lots liable for sale shall be included in the salneonlibsion statenlent and notice but any neglect or omission to include any lands liable for sale in snid list shall not be held to invalidate the sale or prevent the sale of such omitted land on any future occasion for all arrears of taxes that may be due thereon.

5. The day of sale shall not be more than forty days aftcrTlllleofs;,~e the last publication as hereinbefore provided and the sale s1i;tll take place a t such place in the city ILS the council shall frorii time to time by resolution appoint and in the absence of such appointment iLt such place in the city as the secretary-treasurer in his said notice shall name.

(i. The secretury.trcnsurer may adjourn the sale from titlie Adjoitrnnlcllc to time providecl always that no such adjournment shall be for a period exceeding fifteen days.

7. At the place, day and hour appointed for the sale ofsnie by lands (if the ttises thereon including costs and charges have auction not previously been paid) the secretary-treasurer shall offer thc lands for sulc by public auction ancl in so doing shall riinke and declsre the amounts statccl in the list as the taxes due

183

. I- -- -

I


with his charges and costs as the upset price on each respective lot or parcel as offered for sale and shall thus sell the same to the highest bidder or to such person as may be willing to take i t at the upset price there being no higher bidder but suhject to redemption as hereinafter provided for.

8. If no bidder appears for any land for the full amount of arrears of taxes, costs and charges the secretary-treasurer shall there and then sell the same to the city at the upset price.

9. If the land sells for a greater sum than the taxes due together with all charges thereon the purchaser shall only be required to pay at the time of sale the amount of said taxes and charges and the balance of the purchase money shall be payable within one calendar month after the time of redernption of the said land shall have expired without the same having been redeemed within the time limited and if the said balance of purchase iiioney shall not be so paid by the ~urchaser , his assigns within the time ahove prescribed he and they shall forfeit all claim to the said land and to any transfer thereof as well as the amount paid a t the time of sale and such land shall thereupoil cease to be affected by said sale.

10. If the purchaser of any parcel of land fails immediately to pay the secretary-treasurer on account of the said purchase the amount claimed for arrears of taxes and charges the treasurer shall forthwith again put up the property for sale.

11 . The secretary-treasurer after selling any land for taxes shall give to the purchaser a certificate describing the land as advertised stating the amount of taxes and costs paid and the total amount of purchase money and further saying that a transfer of the stme to the purchaser or his assigns shall be executed by the secretary-treasurer on his or their demand within one niontli after the expiration of one year froui the date of the certificate if the land be not previously redeernecl and uFon payment of the balance of the purchase money if any remains unpaid and upon payrnent of $2 for saicl transfer.

12. The purchnser shall on receipt of the secretury-treasurer's certificate of sale become the owner of the land so far as to hare all necessary rights and powers for protecting the sarne from spoilation or wnste until the expiration of the term during which the lands may be redeemed. But he shall not knowingly permit any person to cut any trees or underwood growing upon the land or otherwise in.jure the same nor shall he do 80 himself but he may make any other use of the land which will not depreciate its value. The purchaser sliall not be liable for any damage done to the land without his knowledge while the Certificate of sale is in force.

13. A statement of the lands so sold for arrears of tases with the names of the respective purchasers, the date of sale,

134

Surplus purchase price

Default of purchaser

Cerliflcateof sale

-

Returtiof ~ ~ l e s

1904

:tive ie to take hject

I t of shall rice.

due

axes 11 be rnp- ame said the

1 he any e of

Y be

by

tely lase tlie

d e .

ixes I as the

Lt a be

and the ned y if ifer.

rea- r as the mil not ood hall D nd not his

xes ale,

1904 CITY OF EDMONTO~, Cap. 19 si the time of redemption and the amount required to redeem shall within thirty days of the date of sale or adjourned sale be made and signed by the secretary-treasurer in duplicate and niay be inspected a t any time during office hours for a fee ol ten cents for each lot of which inspection is desired.

14. The owner of any land which may hereafter be sold Redowtion for taxes or his assigns or any other person on his or their behalf but in his or their name only may a t any time within one year from the date of sale exclusive of that date redeem the land sold by paying to the secretary-treasurer before the hour of three o’clock in the afternoon of the said last day for redemption for the use and benefit of the purchaser or his legal representatives the s u m paid by him together with ten per cent. thereon and any further sum- which shall have been levied aqninst said land and paid by the purchaser before date of redemption and the secretary-treasurer shall give the party paying such redernption money a receipt stating the sum paid and the objects thereof and such receipt shall be evidence of the redemption.,

1.5. For the purpose of this Ordinance the day of saIeDatey shall be the day on which the sale was advertised to take place without reference to any adjournment or adjournments and all certificates shall be dated ~ l s of that dny.

I ti. Frotii the tiiiie of payment to. the secretarp-treasurer ERCCG of of the full aiiiount of redetnption money required by this redc”’pGion Ordinance all rights and interests of the purchaser shall cease.

17. Whenever such rcdeinption is effected by a person not Paynlent by specially authorised by the owner or his assigns the secretary- third party treasurer shall mention in the receipt given by him for the redemption money the name and designation of the person paying the saiiie and the name of the person on whose behalf the payment is made ; and every redemption receipt shall be lriade out in duplicate ; one copy shall be given to the person paying the redemption money and one shall remain on file in the office of the secretary-treasurer.

1 S. The secretary-treasurer shall also imtnediutely after Ep;;g;z~x the redetuption of any land give notice by registered letter to the pnrty appearing by his books to be the purchaser of the same apprising him of the fact of such redemption and of the amount of money paid in for such purpose.

1‘3. If the ltmd be not redeemed within the period dlowed ~ r a t l s f e ~ on by this Ordinance then on dcniand of the purchaser or his::&,ption assigns u t any time within one month after the expiration of the time limited for the redemption upon payment of the balance of purchase money as aforesaid and of the further sum of $2 the secretary-treasurer shall prepare and execute and deliver to him or them a transfer of the land sold ; provided

135

92 cap. 19 I904

that any land sold to the city under the provisions of this Ordinance as hereinbefore provided shall be transferred to the city by the secretary-treasurer immediately on the expiration of the time allowed for the redemption without charge ; such transfer shall state the date and cause of sale and the price aud shall have the effect of vesting the land in the purchaser or his assigns in the fee simple or otherwise according to the nature of the estate sold and no such transfer shall be invalid by reason of any error or miscalculation in the amount of taxes in arrear. Such traiisfer shall be in the form following or to the like effect:

TRANSFER OF LAND ON BALE FOR TAXES. -

in of the

of by virtue of the authority vested in me by The Edmonton Charter to sell lands for arrears of taxes do hereby in consideration of the sun1 of dollars paid to me by being the price for which the said land was sold at a sale by

for me on the day 6f arrears of taxes due on said land to the said city, transfer to the said all that piece of land beinp

the 1, North-West Territories, secretary .treasurer of the city

of

19

In 0 witness whereof I have hereunto set my hand and the

corporate seal of the said city this 19

day of

Signed by the above narned

in the presence of

Afiduvit of witness to Le endorsed on trrcnsfer.

r I To wit :

CANADA, North-West Territories. 1

J of (resitlcnce) in the North- West Territories,

(occupation) make oath and say : 1. I was personally present and did see

named in the within instrument ._ who is personally known to me to be the person named therein, he being the secretary-treasure; of the city of Edrnonton duly sign and execute the within instrument for the purposes narned therein ;

2. That the said instrument was executed at Edmonton in the said 'Territories; and that I am the subscribing witness thereto;

3. That I personally know the said and he is in my belief of the ful l age of

twenty-one years. Sworn before me a t in the North-West Territories this day of 19

136 -

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.. . ..

. ;.

. I _ '.? _. , . . :Ir

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1.

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I 1

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1904 CITY Ol? EDMONTON Cap. 19 93

20. Such transfer shall not only vest in the purchaser orgZ;;;f his assigns as the case may be all rights of property which the original holder had therein ; but shall also purge and disen- cumber such land froin all payments, charges, liens, mortgages and encunibrances of whatever nature and kind other than existing liens of the city or crown ; and whenever lands are sold for arrears of taxes and tlie secretary-treasurer shall have given a transfer thereof such transfer shall notwithstanding any informality or defect in or preceding such sale be valid and biuding to all intents and purposes except as against the Crown; and every such transfer shall a t the expiry of one year from the date thereof be conclusive evidence of the assessment and vdicl charge of the taxes on said land therein described ; also that all the steps and formalities necessary for a valid sale had been taken and observed as provided by this Ordinance in that behalf; and thereafter such sale and transfer shall only be questioned or set aside on the following grounds and no o ther :

( a ) That the sale was not conducted in a fair, open and proper manner ;

( b ) That there were no taxes whatever in arrear for which the said land could be sold ;

(c) That the said land was not liable to be assessed for taxes.

2 1. When thc title of any lana sold for arrears of taxes Lands in is rested in tlie Crown the transfer thereof in whatever form ~ ~ $ ~ ~ ~ ~ ~ ~ n given shall be held to convey only such interest as the Crown may have given or parted with or may be willing to recognise or admit that any person possesses under any colour of right whatever ; and

declared invalid shall be liable only for the purchase money actually paid therefor to the secrettwy-treasurer and legal interest thereon as for duinsges or otherwise ; but the tax- purchaser or his assigns shall have a lien on the lands for the purchase money paid by the purchaser with interest thereon a t ten per cent. per annum, and also for any rates or taxes paid by him or his assigns since tlie sale with interest ut the rate :doresaid from the date when the sanie were so paid.

(2) The city in case of tiny sale for taxes b e i n g I ~ a i i d ~ i ~

2%. The secretary-treasurer sliall keep a separate account T ~ X sale fund of all suins paid to him a? n balance of pllrchtise tnoney on lands sold for arrears of taxes and not redeemed and shall enter in the account the amount received over the taxes and charges from the purchitser of any lots sold by him against said lot with date of sale and of receipt of balance and the aggregate amount so received shall form a fund to be called the tax sales fund, and the secretary-treasurer shall in the month of January in each year and on request at any othei tinie furnish a statement to the council giving the particulars,

137

94

Claims against fund

Judge's order

Foes


respecting such fund and whenever any portion of such f u d shall have remained in the hands of the secretary-txeasurer for six years from the day of sale of the land of the purchase money of which i t forms a part without any notice of claiin or order for pnyment having been served on him as hereinafter provided said portion or sum so remaining unclaimed shall be forfeited and thereafter be the absolute property of the city and the said city shall for ever be discharged from any claim on account thereof.

23. Any person claiming to have been the owner or legal representative of the owner or otherwise interestcd in any parcel of land sold for taxes and transferred as aforesaid which shall have realised more than the amount due €or taxes and charges shall be entitled to claim and receive the said overplus or sum held to the credit of said parcel of land in the tax sale fiind or any portion thereof specified in the order hereinafter mentioned provided that written notice is served upon the secretary-treasurer previous to the time limited for forfeiture and upon producing and leaving with the secretary-treasurer within six months from the date of service of such notice of claim an order signed by a judge reciting that i t had been proved to the satisfaction of said Judge that the clairnant was a t the time of sale the lawful owner of the land in respect to which claim is made or was or is the legal representative of the said owner or otherwise interested in thc said land and requiring the city to pay the said surplus money or the poition thereof specified in the order to the said clniinant and such or any judge's order for payment of any pmt of said tax sale fund shtill be kept by the secretary-treasurer and shall be the warrant and authority for mnking such payment.

24. In seeking to obtain a judge's order any claimant upon said fund shall in person or by advocate petition the judge in writing for that purpose describing the land sold and setting forth the particulars of said sale and the title under which the said money is claimed and sliall at .the saine time furnish such evidence of title RS may be necessary for proving his title or interest to the satisfaction of the judge, and the facts set forth in the petition shall be verified by affidavit so far as may be necessary to sutisfy the judge of the bona $fide nature of the clailn and the said judge way in his discretiou require the claimant to serve a notice of his application upon the city or publish the same in any manner he may deem proper or to substantiate his claim in any other inaiiner and the judge may in his.discretion order said money to be paid into the Supreine Court there to be dealt with in such manner as the court shall order and in such case a copy of his order stating the reason therefor shall he filed in the said court and served upon the secretary-treasurer.

r r 2.b. The same fees shall be paid upon an application made under the last preceding section as are payable in respect of

138

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, i

. .

. ? . F 8

-2 . . .. - .,$ . .

904

und for

lase aim Cter +all

of 'om

ner rise red i n t ive of in is

me *he ice "g tat he is or he of IY 111 n t

nt le Id 3r le B le

!e

n n e

e

10

ll

0

7

3

3 F

1904 CITY OF EDMONTON Cap. 19 9 b

other applications in chambers for a judge's order in any suit or procedure.

6 . 2b. I n any case where the judge deems i t advisable tocosts order notice to be served upon the city he shall in the final decision of the question if the claimant is successful order the costs of the city to be paid out of the fund in question and in case the claimant fails shall order execution to issue against him from the said court after taxation for the costs of the city.

2'7, The fact of claiming any surplus held to the credit of any lots sold for taxes in the said tux sale fund shall be considered an admission of the validity of the sale of t.he land in question by the claimant and the said claimant and all claiming by, through or under him shall from and after the time of rnaking such claim be debarred from taking any proceeding to question or set aside such sale notwithstanding that said claim shall have been made within the time otherwise limited for taking any proceedings to invalidate any tax sale and said sale shall thereafter be held to be in all respects valid and binding as against the claimant and those claiming by, through and under him as aforesaid.

Effect of making claim

!4S. I n case of any action or proceeding to set rtside or question a sale for arrears of taxes being commenced within two years wid one month from the date of said sale being the time within which only any such action can be brought or proceeding taken for that purpose, the plaintiff sliall within ten days after commencing his action or proceeding cause the secretary- treasurer to be notified in writing of the fact of his action or proceeding having been commenced. and the secretary-treasurer in such case shall not forfeit any-surplus held hy him to the credit of the parcel of land in dispute but shall hold the same sub,ject to the order of any judge or court before whom the said action or proceeding shall or may be tried and in case the plaintiff succeeds the judge or court .shall order said su*rplus repaid to defendunt, the tax' sale purchases or his proper representatives and in case the plaintiff fails in such action or proceeding to set aside such sale but proves to the sutisfttction of the judge or court that he was at the time of sale the lawful owner of wid land and the person entitled to the said surplus money according to the true intent and meaning of this Ordi- nance then in such case the judge or court shall order such surplus nioney to be paid over to the plaintiff or his proper representatives upon and after payment by said plaintiff of such costs of the defendant as he may have been ordered to Pay.

(2) The provisions of this and the next precedingsection are hereby declared applicable only to lands for which certificates of title have not been granted.

2!B. In no case shall the city tie liable for damages or costs Liability of iu. any suit brought to set aside a tax sale or be liable for any ' I t J

189

DG Cap. 19 CITY OF EDMONTON 1904

damages or costs arising therefrom in any way further than in case of sale held void by a competent court refunding to the purchaser the amount of money actually received with legal interest.

TITLE XXXV.

LOCAL IMPROVEMENTS.

Interprctn- t1ons mean :

The term “local improvement” shall be taken ‘to

The opening, widening, straightening, extending, grading levelling, ~nacadamising, paving or planking of a n y street or public lane, alley, way or place ; or

-. ‘I’he constructing of any sidewalk, bridge, culvert or embankment forming part of a highway; or

__ The curbing, sodding, boulevarding or planting of any street or public lane, alley, square or other public place; or

((2) The making, deepening, enlarging or prolonging of any coixlmon sewer ; 01-

(e) The construction of any conduit for wires or pipes along any roadway, street, lane, alley, square or other pubhc place ; or

( f ) The sweeping or watering of any street, park, alley or other public place ; or

(9) The cutting of grass or weeds or the trimming of trees or shrubbery within any defined area of the city ; or

( h ) The reconstructing but not the mere repair and main- . tenance of any of the said works during the originally

estimated lifetime thereof : or I

(i) The repair and maintenance thereof after the lapse of tho ‘ originally estimated lifetime thereof.

(2) The term “special frontage assessment ” sllall be taken to nienn a special assessment of the several lands abutting on the street or place whereon or wherein the improvement is to be made according to the number of lineal feet measured along the front or other abutting portion of the said several lands of the total charge to be provided by special frontuge assessnrent, the rate per foot being a uniforln and equal rate coniputed by dividing the total charge to be providetl by special frontage assessment on said lands by the number of lineal feet of such lands abutting on the street or place whereon or wherein the locd improvement is to be made.

( a ) Provided tha t where the street or place whereon or whercin the local improvement is made abuts on several parcels of land some of which appear to call for a smaller or larger proportionate assessment on accoullt of

140

-- .. .

19OA

r than ; to the I legal

en to

:ad ing E any

rt or

i any place;

1.g of

along )ublic

ry or

trees or nain- nally

E t11e

A en ; on s to ured feral tuge rate

bJ7 r of lace


being corner lot,s or being of different size or shape from the other parcels of land abutting on the local improvement, such exceptional parcels of land may be. assessed as having a smaller or larger number of feet abutting thereon than they actually have so that each parcel of land abritting on the local improvement bear a fair, just and equitable proportion of the cost of the improveinent ; and

( b ) Provided that in case the said system of apecial frontage assesetrient is adopted in respect of a sewer or a system of sewers and that for the purpose of affording an outlet therefor a sewer is carried along a, street or place whereon or wherein i t appears that owing to the peculiar position or condition of any lot or parcel or parcels of Innd fronting or abutting thereon or to the absence of buildings thereon such sewer would not have been carried along such street or place except as R means of affording an outlet as aforesaid sucli Jot or lots, parcel or parcels of land shall be exempted from the payment of any special frontage assessn,ent in respect of such sewer either for the whole or a part of the term of the special frontage assessment or from the payment of the whole or a part of the proportionate cost thereof as shall appear just under the circumstances :

.

(c) Provided that in case of sewers if any land which has not been assessed by way of special frontage assessment for any part of the cost of the sewer is connected thercwith there may be assessed against such land the same atnount per foot frontuge as was assessed against the lands actually abutting on the street or place whereon or wherein the sewer was constructed and the provisions of the next following section shall apply to the assessttient so made ; and the amount so assessed shall Le placed to the credit of the municipal account relating to sewers; but any land so assessed sl~all be exempt from s p e d frontage assessment in respect of any sewer constructed 011 the street or place whereon or wherein such land abuts and the other lands specidly assessed in respect of such last mentioned sewcr shnll not be specially assessed any grenter sum on account of such exemption ; and

(3) The term “special local benefit assessnicnt” shall be taken to mean a special assessnient of each such parcel of land in the vicinity of a local improvement whether or not such land abuts on the street or place whereon or wherein such local improvement iu made as is increased or is likely to be increased in market value or is otherwise benefited hy reuson of the local improveinent being made to the amount of such share of the total charge to be provided by special local benefit assessment as bears a fair, just and eqpitablc proportion having regard to all other parcels of land benefited hy the Iocnl improvement to such total charge.

141

. . . . - . . . . . . . r


(4) Tho term “cost” in relation of a local improvement shall include not merely the cost of the actual work of making the local improvement but also any expenses of engineering, surveying, advertising, issuing,debentures tmd other expenses incidental to the entering on, carrying out and completing of the work and raising the moneys to pay the cost thereof including discounts and interests.

(5) The cost of extensions from time to time of waterworks or sewers shall be borne by the municipality at large and by the lots or parcels of land fronting or abutting on the street or place whereon or wherein the extension runs in the same proportions as nearly as the circunistances will adinit as obtained in the case of the originnl establishment of the systenl.

Amount of and mode or collection

2. The amount assessed against any parcel of land either by way of special frontage assessment or special local benefit assessment shall be the total sum representing the proportion properly chargeable against such land of the total amount charged in respect of the loch1 improvement against all the lands affected and the several amounts so assessed against the several lands shall with interest a t a rate not exceeding six per cent. per annum be spread over the term of the probable lifetime of the local improvement so that the same shall be repayable in consecutive annual instalnlents in such manner that the figgregate amount payable for principal and interest in any year shall be equal as nearly as may be to what is payable for principal and interest during each of the other years of such period and each such annual instalment shall be entered upon the tax roll for the year in n-hich the sariie is payable und shall be payable in the s m e manner and collectaLle in the same methods and shall be subject to the same penalties inc‘ase of default of payment as if they formed part of the general municipal tuxes ; provided that the owner of any land so especially assessed may a t any time commute the amount or balance remaining unpaid in respect thereof by paying tlie m o u n t of the original assessment charged against such lancl together with interest and penalties chargeable in respect thereof less any amounts previously paid on account thereof.

ns3eSBmen t

Rocedurs bylaws

3. The council may pass byliws- ( a ) For providing the means of ascertaining and finally

determining what portion of the cost of a local iinprovement shall be raised by special frontage assessment or by special local benefit assessment and what portion if any shall be borne by the municipality a t large and in tlie case of special frontage assessment what lands shall be assessed in an exceptional mode as hereinbefore provided and the mode to bo adopted and in the case of special local benefit assessment in what proportions the assessment is to be borne by the several lands affected and of assessing a cost or a portion of the cost as the cnse may be either by wsp. of special frontage wsessnient or by way of special local benefit assessment.

142

1904

A,

be II ape’

A loca, by s deLt not debt borr bylii ther sew

4. by

I904

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orks

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the land

n t or the

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nally rove- n t or on if id in ands inbe- 1 the pro-

vera1 lf the 1 tage nent.


And i t is hereby declared thst a byluw or bylaws of general application for the said purposesshall be sufficient and i t shall not be necessary to pass a special bylaw in each particular instance.

(b ) For borrowing by the issue of debentures upon the credit of the rnunicipalit,y a t large the moneys required to meet the whole or any part of the cost of any local improvement provided (1) that bylaws for the purpose of raising moneys in respect of a local improvement map be passed comprising either the whole or a part of the amount of the entire cost thereof although a portion thereof is to be borne by the municipality a t large and a portion is to be payable by special assessment or comprising the whole or 8 part of any portion of thtit part of the cost which is to be borne by the municipality a t large or of that part of the cost which is payable by special assessment ; (2) that such debentures shall mature within the probable lifetime of the local improveiuent ; (3) that i t shall not be necessary to obtain the assent of ratepayers to the passing of any bylaw for raising such portion of the cost of a local improvement as is or is to be levied hy special assesstnent nor of any bylaw for raising such portion of the costs as is to be borne by the municipality at large of an extension of . n inunicipal system of sewerage originally constructed as a local improvement or of any other local inlprove- ment unless in the case of such other local improvement the share of the cost to be borne hy the municipality a t large shall be greater than can he properly paid out of the current revenue of the city for the current year ; and (4) that nothing herein contained shall be construed as authorising an extension of the general debt of the city beyond the limits thereof fixed by this Ordinance.

(c) For borrowing by way of temporary loans within the restrictions aforesaid on the credit of the municipality a t large the whole or any part of the cost of a local improvement provided that clause 4 of subsection (1) of section 3 of Title XXII shall not apply to the case of such temporary loans.

And i t is hereby declared that loans made for the purpose of local improvements to the extent to which the sums are secured by special assessments therefor form no part of the qeneral cleLt of within the meaning of this Ordinance and it shall not be necessary to cite the auoun t of the locul improvement debt so secured by special assessment in any bylaw for borrowing money but i t shall be sufficient to state in any such bylaw that the amount of the general debt of the city as therein set forth is exclusive of local improvement debts secured by special assessments.

4. No local improvement to be,paid for in whole or in part Petition by special . frontage assessment or special local benefit Or not'ce

143

c


assessment shall be undertaken except pursuant to petition or notice as hereinafter provided :

1. (a) Upon receipt of a petition praying for any local improvement signed by a t least two-thirds in number of the persons registered or assessed as owners of land abutting on the street or place whereon or wherein the improvement is made or of lands to he benefitted by the local improvement as the case may be and representing at least one-half in value of such lands excluding improvements thereon as the same are. valued upon the last revised assessment roll the council may fake all proper and necessary proceedings for undertaking and completing the local improvement on the special frontage assessment system or special local benefit assessment system as tlie case may be and after the council shall have finally determined to undertake the improvement no name shall be removed from such petition ;

( b ) The request of the petition niny be acceded to by the council of the current or next succeeding year either in respect of the whole or of a part ; provided that part only of the local iinprovement asked for shall not be made unless the petition is sufficiently signed having regard only to the lands abutting on or benefited by as the case may be the part of the local improvement which is made.

2. (u) Any local improvement may also be undertaken and the assessment of the cost thereof may be made on either of the systems aforesaid unless the majority owners of the lands to be affected representing at least one-half in value thereof as aforewid petition the council against the same within two weeks after the last publication of notice of the intention of the council to undertake the local iniproveinent ; such notice to be inserted once in each week for two weeks i n at least-one newspaper publislied in the municipality if there i$ a newspaper pu'dished therein ; and if not Lhen in a newspaper published nearest to the p r o p e d local improvement.

( b ) I n the event of any sufficiently signed petition a s aforesaid against the proposed local improvenient being presentfed to the council no second notice €or the same shall be given by tlie council within the then current calendar year.

( c ) When notice of a proposed local iniprovement to be paid for by special assessment as a local improvement has been given by the council and no petition su5ciently signed as aforesaid has within the time limited in that behalf been presented to the council agctimt such local improvement or assessment it shall be lawful for the council of the same or the next succeeding year to undertake the proposed local improvement.

144

. .

. ,. 4 . .. ,. .

04

01'

:a1 ler ad he

e- d S re cil or n t ial be to ed

he er at a1 1 ed

:a1

nd on t Y u t on ,er he ch I< s

i d lie

by

01'

31-

RS n t or he

be e-

in 11 e n t he !Ul

ll0

Cap. 19 101 1504 CITY OF EDMONTON

5. Any local improvement may in the discretion of theTimeof making

council be undertaken either before or after the cost thereof improvement shall have been ascertained and finally determined as aforesaid unless the petition or notice in respect thereof specially provides that the cost shall be first ascertained.

6. If in any case the first assessment for any local improve- Invalid assesrmen t ment proves insufficient or invalid an additional or new assess-

ment or assessments may be made until sufficient moneys have been renlised to pay therefw; and if too large a sui11 has at any tiine been raised the excess shall be refunded ratably to those by whom i t was paid. , I " ,

made under the authority of any hylaw passed under this title of this Ordinance to the commissioners ; and from them to the council in the same manner ; and by the same procedure as nearly as may be as in the case of appeal from an ordinary assessment .

7'. There shnll be a right of appeal against ev

8. Notice of every proposed'special assessment shall be given p&ceoenofnt by the secretary-treasurer to each person registered or assessed as owner of any parcel of land to be charged thereby either personally or by letter addressed to the last post office address of the owner; and the notice shall set forth :

( a ) A description in general terins of the local improve-

( 1 1 ) The probable lifetime of the local improvement as

(e) Tlie probable or actual cost of local improvement ; ( d ) The portion if any of the cost to Le borne by the

inunicipality at large ; (e) The portion of the cost to be provided by special

a~sessment ; and the system of special assessment under which the special assessment is proposed to be made ;

( f ) The time fixed for the ,Pitting of the commis *loners for the hearing of appeals in respect of the special asqessinent ; such sitting not to be earlier than fifteen days from the date of the delivery or'mailing of the notices.

ment ;

being the period over which the coQt will be spread ;

- !). A memornndum in any proper book or roll kept for that E\ idence o f purpose of the service or mailing of such nctices and of the date thereof shall be p i m a facie evidence of the service or inailing of such notices in accordance with the last preceding section on the date mentioned in the memorandum.

Ordinance shall be invalid by reason of any defect in form or in substsnce in m y proceeding upon which such special assessment depends unless an application to quash the same shall

10. NO assessment under the provisions of this part of thisQuashing -

a 145


have been made in accwdance with the provisions of Title X X V of this Ordinance and before the date fixed for the sittings of the court of revision.

De&iotl.of 1 1. The deciijion of the council (subject to an appeal to a ;Tzgt;ersjudge by the like procedure and as in like cases under The

Municipal Ordinance) shall be final and conclusive upon all matters respecting tlie assessment and special ra te and the council and judge shall respectively have power in the event of the assessment of 3ny par ty being decreased or increased on appeal to raise or lower proportion~tely the lzssessuient of the other parties asserseJ without a n y further notice.

12. Every bylaw for borrowing money for local improve- inents b ~ - the issue of debentures shall recite or otherwise state-

1. The amount of the debt which such bylaw is intended to create and the object in general terms for which i t is to be created ;

Contentsof bylaw

'c -*-

2. Ths total amount required to be raised annually for paying the debt and interest under this bylaw a r d whether the whole or if not what portion therzot' is payable by wfiy of s p x i a l assessment uud the system of special assesmerit applicable ;

3. The totul value of the land charged with the special assessment and if a n y portion of the debt created by such bylaw is to be borne by the municipdity a t i , q e , the value of whole ratable property of the city accoscling to the last revised assessment roll ;

4. That the debt is contructed on the credit and security of the tnuriicipality at large; but a3 to so much as is not to be paid by the municipality a t large the city is to collect the same only by way of special assessment as aforesaid.

13. I n tho case of a n y bylaw heretofore passed by the town of Edmonton or hereafter passed by the city for the purpose of borrowing by wuy of debentures the inoney requised to pay the cost or par t of the cost of A local improvement the same shall be valid and binding notwithstauding a n y defect of form or substance therein or in the proceedings prior thereto or in the passing there3f except upon an application to quash the same made within two months. of the passing thereof and any debentures purporting to be issued under the authority thereof shall be valid aod binding nothwitlistanrling a n y defect of form or substance therein provided tha t the amount of the principal and the rate of interest be as set forth in the bylaw and that the pagtnent of the principal or instalment thereof or sinking fund therefor as the case [nay be (with the accrued interest) be not deferred longer than one year beyonil the period originzlly fixed as the estimated lifetime of the local irnprovernent.

146 c

1909

Title tting:

1 to a r The in all 3 the event *eased :nt of

)rove- rwise

ed to to be

aying whole ixial e ; pecial such

value ) the

ty of to be

It the

town the

uired t the x t o€ prior

I an onths to be. tding .erein ke of n t of or as erred s the


T I T L E XXXVI.

103

PENALTIES.

1. Where any tine or penalty is imposed by this Ordinance Modeof then if the provisions of Par t LVIII of The Criminal Coderecovery 1S92 do not apply antl if no other mode is prescribed for the recovery thereof the same inay be recovered with full costs by civil action in the Supreme Court a t the suit of the city or a t the suit of a private party (suing ns well for the city as for himself); and unless other provision is made for the appropria- tion of the peualty one-half thereof shall belong to the city and the other half to the private plaintiff if any there be and (if there be none) the whole shall belong to the’city.

2. The council may by any bylaw- 1. Impo3e a pznalty not exceeding $100.00 exclusive of Amount of

2. Enact that in case the conviction be for the nonpayment of any licence fee pnyable to thz city under t h e provisions of any bylaw of the city the convicting inagistrate may adjudge payment thereof in addition to the penalty.

. 3. Any such penalty antl licence fee niay (unless otherRecovery proviqion is snecially made in respect thereof) be recovered u n J enforced with costs by suii~niary conviction before a n y ,justice of the .peace having jurisdiction in the city and upon def,iult of payment the person convicted may be committed to jail or to the guardroom of the North-West Mounted Police force or to any public lockup for any time deterniined by the said -justice not exceeding thirty days and with or without hard h b o u r unless such penalty, licence fee and costs including the costs of the committal and of the conveyance of tht. person convicted to the daid jail, guardroom or lockup are sooiier paid.

( 1 ) Tn every ciise the whole of the penalty and licence fee (if any) shall bc adjudged to the city.

(2) The following foriri in any such case shall be qufficieiit : City of Erlnionton 1

costs for breach of any provision of a n y bylaw ; p e r d t y etc.

BE IT REMEMBERED t h a t on the d a y Tu wit : 1 of A.U. 19 at the

city of Edmonton, C.D. is convicted before the undersigned, one of His Majesty’s Justices of the Peace, for tha t the said C.D. (stating t h e ofence and the time and place thereof) contrary to n certain bylaw of the snid city, passed on the d a y O f A.D. 19 nnd intituled (reciting fhe idle of the by law) and I adjudge the said C.D. for his offence to forfeit and p t ~ y to the city of Eilirionton the sutn of clol1di.s to be puhl and applied according to law and also to pay to the said city the sum of dollars for the licence fee payable by the said C. D. under bylaw No. and to the said E.F. the sum of dollars for his costs in this behalf.

J47

I

-*.

104 Cap. 19 CITT OF EDMONTON 1904 .

And unless the said several sums are paid on or before the day of , 19 , I do order

that the said CD. be imprisoned in the city lockup (or as the case may be) for the space of days unless the said several sums together with the costs of the committal and conveyance of the said C.D. to the said lockup (or as th, case may be) are sooner paid.

Liiven under my hand and seal at the city of Edmonton the day and year first above written.

(L. S.) J.P. A.B.,

TITLE XXXVII. .

MISCELLANEOUS.

Extonsion of time

1, Where in this Ordinance a certain date is fixed on or by which certain things are to be done or proceedings had if i t appears that such date was fixed having regard to an earlier date fixed on or by which certain other things are to be done or proceedings had ; then notwithstanding anything hereinbefore contained if default be made in respect of the earlier date a like delay shall be allowed in respect of the later date.

2. The council may by bylaw increase the rate of interest to a rate not exceeding five per centuin per annum payable upon tiny debentures issued or to be issued in pursuance of any hylitw of the town of Edmonton heretofore passed provided such debentures yet remain unsold and where any such bylaw

+ providcs for the payment of interest yearly may by bylaw make such interest payable half yearly.

3. This Ordinance shall take effect on and from the seventh day of November, 1904.

Alteration oe byl&\vs certnin money

'

04

he 'er he he id s e

be

Y t r e

r

3 I I

1


I .

SCHEDULE A.

106

CHAPTER 35. An Ordinance respecting 'certain kinds of contem-

plated Municipal Public Works for the Town of Ed tnon ton.

- [Assented to May 4, 1900.1

[As untended by Chupter 15 o f 1902 and Chapier 38 o j 1903 (Second Session)].

HE Lieutenant Governor by and with the advice and T consent of the Legislative Assembly of the Territories enacts as follows : ,

1. This Ordinance may be cited as ( I The Edmonton Muni- Short title cipnl Public Works Ordinance."

WATERWORKS AND SEWERS.

8. Tlie corporation of the town of Edmonton hereinafter corpor,ttion

purchase, improve, extend, hold, maintain, manage and conduct AMI W\WS

waterworks and all buildings, materials, machinery and appurtenances thereto belonging in the municipality and in the neiglibourliood thereof as hereinafter provided and either in connection with waterworks or not a system of storm sewers or sanitary sewers or both.

may conztrirct called tile corporation shall have power to construct, build 7 waterwork8

3. The corporation shall have power to employ sucli Powers engineers, surveyors and other persons and to rent with such conditions, covenants and stipulations as the corporation shall deem requisite or necessary or purchase a t the option of the Corporation such lands and buildingq, waters and privileges i ~ s

in their opinion may during the construction or at any future time be necessary or expedient to enable thein properly to carry out the purposes of this Ordinance.

4. The corporation, their engineers, servants and workiiien Power toenter upon and froiii tiriie to time and a t such times as the corporation shall acquire l m d b

see tit may enter into and upon, take or use the land of any person, hodies politic or corporate in the iriunicipitlity or within tell miles thereof and limy survey, set out and ascertain such

149 \

106 Gap. 19 CITY O p EDMONTON 1904

pmts thereof as are required for the purposes of the water. works or sewers and may contract with the owner or occupier of the said lands and any person having a right or interest in any water for the purchase or renting thereof or of any part thereof or of any privilege that may be required for the purpose of the waterworks or sewers at the option of the

, corporation.

Construction 5. The corporatioh may construct, erect and maintain in works and upon any lands acquired under the provisions of this

Ordinance all reservoirs, waterworks and machinery requisite for the undertaking and for conveying the water thereto and therefrom in, upon and through any lands lying intermediate between said reservoirs and waterworks and the rivers, ponds and springs, streanis or waters from which the same are procured and the municipality by one or more lines of pipes as may from time to time be found necessary or expedient.

enter Power to 6. The corporation and their servants under their authority ;;;yeainte may for the said purposes enter and pass upon and over the

said lands intermediate as aforesaid and the same may cut and dig up if necessary and may lay down the said pipes through the saine and in, upon, through, over and under the highways, streets, lanes, roads or other passages intermediate as aforesaid and may for the purpose of such waterworks enter and pass upon and over such lands as the corporation may deem expedient and the same may cut and dig up if necessary and inoy lay sewers through the same and in .through, over and under highways, streets, lanes, road,? and other passages.

(2) All lands not being the property of the municipality and all highways, roads, streets, lanes or other passages so dug up or interfered with shall be restored to their original condition without unnecessary delay.

(3) The corporation may enter upon, set out, ascertain, purchase, use and occupy such parts of the said lands as tlie said corporation may think necessary and proper for the inaking and rnaintaining of the said works or for the opening of new streets required for the same ; and for the purchasing of said lands required for the protection of the said works or for preserving the purity of the water supply or for taking up, ' removing, altering or repairing the same and for distributing water to the inhabitants of the corninunity 0-r for the uses of the corporation or for the proprietors or occupiers of the land through or near which the same may pass.

a

PO\W t o w 7. For the purpose of distributing water or for the pipes purpose of sewerage as aforesaid the said corporation may sink

and lay down pipes, tanks, reservoirs and other conveniericies and may from time to time alter all or auy of the said works as well in the position as in the construction thereof as they niay deem advisable.

150

1C

t h t h W (

be

si1

lir in1 to tht an

bJ7

O\\ sa1 "P

I

as la1 Of lii b! re PC GO Sli es se ex

tl tc

ai P'

SL 0 SC n 1:)


8. All works, pipes, erections and machinery requisite for y;mg;g the undertaking shall be vested in and be the property of corporation the corporation of the municipality constructing the said works.

9. Service pipes or sewers which may be re uired shallservice pipe# or sewers be constructed and laid down up to the outer line o 8 the street

by the corporation and the corporation shall be solely responsible fu r keeping the same in repair.

(2) In cases where vacant space intervenes between the outer line of the street and the wall of the building or other place into which the water is to be taken or with which the sewer is to be connected the corporation may with the consent of the owner lay the service pipes across such vacant space and charge the cost thereof to the owner of the premises or the owner himself may lay service pipes os sewers provided the same is done to the satisfaction of the corporation or person appointed by them in that behalf.

(3) The expense incidental to the laying and repairing as hereinafter provided of the service pipes or sewers if laid or repaired by the corporation (except the repairing of the service pipes or sewers from the main pipe to the outer limit of the street as aforesaid which shall be borne solely by the corpomtion) or of superintending the laying or repairing of the same if laid or repaired by any other person shall be payable by the owner on demand to the Corporation or if not paid may be collected forthwith in the sanie rnanner as water rates ; provided that in no case shall the expense of superintending the laying or repairing of such service if laid or repaired by any other person as aforesaid exceed $2.

IO. The service pipes or sewers from the line of street to Service pipes and sewers to be under the interior face of the outer walls of the building supplied control OP

together with all branches, couplings, stopcocks and apparatus corporation placed therein by the corporation shall be under their control ; and if any duniuge is done to this portion of the service pipe or sewer or its fittings either by neglect or otherwise the occupant or owner of the lands shall forthwith repair the saine to the satisfaction of the corporation ; and in default of his so doing whether notified or not the corporation may enter upon tlie lands where the service pipes or sewers are and by their officers, agents or servants repzir the same and charge the same to the owner of the premises as hereinbefore provided,

(2) The stopcock placed by the corporation inside the wall of the building shall not be used by the water tenant except in cases of accident or for the protection of the building or the pipes and to prevent the flooding of the premises.

(3) Parties supplied with water by the corporation may be required to place only such taps for drawing and shutting off the water as are approved of by the corporation.

15 i

I

L

108

Inspection premises

1 YO4

1 1. Any person authorised by the corporation for that purpose shall have free access at proper hours of the day arid upon

' reasonable notice given and request made or in case of the written authority of a commissioner given in respect of the special case without notice to all parts of every building or other premises in which water is delivered and consumed or which is served by a sewer for ' the purpose of inspecting or repairing as aforesaid or for piacihg meters upon any service pipe or connection within or witliout any house or building as they may deem expedient; and for this purpose or for the purpose of protecting or of regulating the use of such meter may set or alter the position of the same or of any pipe, connection or tap; and niay fix the price to be paid for the use of such meter and the times when and the manner in which the same shall be payobIe and may also charge for and recover the expenses of such alterations: and such price and expense of such alterations may Le collected in the same manner as water rates.

Cap. 19 CITI OF EDMOh'TON

of

I

R w ~ l a t i o n of and O P rates

12. The corporation shall regulate the distribution and use of the water in all places and for all purposes where the same may be required and from time to tiine may fix the prices for the use thereof and the times of payments ; and they may erect such nuiiiber of public hydrants and in such places as they shall see fit urid direct in what manner and for what purposes the sanie shall be used all which they niay chan and may tis the rate or rent to be paid for the use of water by Iiydrants or fire plugs and public buildings.

(2) The suni payable by the owner or occupant of any house, tenement, lot or part 0f.a lot for the water supplied to hilt1 there or for tlie use thereof and all rates, costs and charges by this Ordinance to be collected in the same manner as water rates sliull be a preferential lien and charge on tlie house, teneiiient, lot or part' of a lot ; and may be levied and collected in lilie manner as municipal rates and taxes are by luw recovernble.

use of water

-

at their discretion

Power to i m b and ciiforce bylaws for m lintenance alrd m n l i n ~ e ~ ~ ~ c n t O P works and collection of rates

.e 1 3 . Tlie corporation may from time to time iilokc m d enforce bylaws, rules and reguhtions for the generul inuintcri- ance or the inanagement or conduct of the w+ter\rorks and of the officers aiid others erriployed in connection with then1 not inconsistent with this Ordinance and for the collection of the wuter rates aiid for fixing the time and 'tilnes when and the pluces where the same shall be payable.

(2) Aiicl ulso for allowing a discount for prepayment uncl in case of default in payment may enforce payment by sliuttillg off the water or by action in any court of competent jurisdiction or by distress and sale of the goods and chattels of the owner or occupant or of any goods and chnttcls in his porsession wherever the same may be found within tcn r~ileh of tlie property in respect of which the water rate is payable or of any goods and chattels found on the preniiscs the property of or in the possession of any other occupant of tllc

152

n

190

pre dist not

G mai the yes$

1 nar. opii nan and the in tl fro11 shal the 1

of tl mull

1 , for I

itttn repn to iiitc tiint

I to s tion

cor]

can tile pro

thi an:

nee1

111 u 1

I n l l

SUC suc ter

I

1np an>

Sll] sel

OCC

01'

CITY OF EDMONTON

premises ; but where the arrears exceed three months no distress shall be made of any goods and chattels which are not the property of the person liable for the water rate.

(3) The distress and sale may be conducted in the saiiie manner as distress sales are conducted for arrears of taxes and the costs chargeable shall be those payable under The Ordinance yespecting Distress for Rent and Extra-judicidl Seizure.

14. The corporation shall have power to eniploy the ordi- ,P,q\;zp nnry collectors and assessors and such other persons as in their collectors and opinion inay be necessary to carry out the objects of this Ordi- OtherR

nance and to specify their duties and to 6x their compensation lqnd all such persons shall hold theiy offices a t the pleasure of the corporation or as the corporation shall determine by bylaw in that behalf; and shall give security as the corporation shall from tirile to time require ; and such assessors and collectors shall have full power in the perforiiiance and enforcetnent of the matters to them con~initted as the assessors and collectors of the municipality may by law possess and enjoy in respect of

15. The corporation of the iiiunicipality shall not be liable xouliabilitr for ditinage5 caused by tlie breaking of any service pipes Ororstoppage for breakage

attncliinent or for any shutting off of any water to repair inaiiis; provided thitt reasonable notice of the intention to shut off tlie water shall be given whenever the same is intended to he shut off for more than six hours at any one

16 . The wid corporation shall have power and authority Power to to supply witli water upon special terms any person or corpora- zyf/Je’z;tep tion outGde the municipality and ma;Y exercise all other power City nece.ssary to tlie carrying out of their agreement with sue11 corporation or person as well within the suburbs as within the iiiunicipality ; and they iiiay also froin time to time make and carry out any ngreenient which they inay deeiii expedient for the supply of water to any railway company or manufactory ; provided that where sucli water is to be supplied in another iniinicipillity which itself possesses waterworks no pipes for this purpose sliall be carried in, upon, through, over or under any higli\vay or public street, lene, road or passage within such other iriunicipality without the convent of the council of such iounicipdity ; in such case the agreenient iiiay be for a tern1 of years or otherwise as may be agreed upon.

‘

selling os disposing of the water thereof from giving i t away or perniitting i t to be titken or carried sway or from using or

153

..-

, . , I

. ..

. ' I

.. .. .

110 dap. 19 CITY OF EDMONTON 1904

applying i t to the use or benefit of others or to any other than his, her or their own use and benefit or from increasing the supply of water agreed for with the corporation or from wrongfully neglecting or improperly wasting the water.

(2) And may also make bylaws regulating the time, manner, extent and natu're of the supply by the works to the tenement or parties to which and to whom the same shall be furnished the price or prices to be exacted therefor and each and every other matter or thing related to or connected therewith which i t may be necessary-or proper to direct, regulate or determine in order to secure the inhabitants of the inunicipality a continued and abundant supply of pure and wholesome water and to prevent the practising of frauds upon the corporation with regard to the water so supplied.

(3) The amount of the fine, the duration of the imprison- nieiit and also the option between fine and imprisonment shall be in the discretion of the justice of the peace before whom any proceedings may be taken for the enforcement of such bylaw.

~ e t i ~ i o n for 18. In case a petition signed.by two-thirds of the iesideiit

requiring the assent of the electors is presented to the conncil of the corporation asking for the construction of waterworks under the powers conferred on the corporation by this Ordinance-

1. It shall be the duty of such council to submit a bylaw for the construction of such waterworks to the vote of the ratepayers of the corporation and such council shall forthwith prepare a bylaw directing the submission of the question in accordance with the prayer of'the petitioners or in such form as may be approved by the vote of two-thirds of the members of snch council and shall submit the same to the vote of the rittepttyers within six weeks after the receipt of the petition by the conncil ;

cniislriictlon of w,tter,vork, ratepayers of the municipality qualified to vote on bylaws

I f hrlaw tcppi.0 vcd council to conGtriict, works

2. The power of the municipal council shall not be deemed to be abridged by this Ordinance except as expressly stated herein;

3. The proceedings in taking the vote and the persoiis having the right to vote shall be the same as nearly as may be as are required by The Mwticipal Ordinance in case of bylams creating debts.

19. If the bylaw be approved of by two-thirds of the duly qnalified ratepayers voting thereon i t shall be the duty of the council to p s s the bylaw and forthwith to proceed in the construction of the works ; provided always that the council imy for any good cause if deemed expedient by a vote of two-thirds of its members hold the works in abeyance until after the nest general municipal election.

154

19

4

SUE (in( Pur 9UP pov pur extc the; patt

or thin

( 2 ever said

(3 sucl tag€

2 may keel gas, pow undi

cons priv SUClI Sq";' con6

2 diflc in 11 niaj

or ii eleci to tl

(2 to t car1

'2

aKIy

pub1

so SI

LIS< gig

sain Pip'

1904

r than ng the ' from

lanner, iement )nished every

which ermine

er and 1 with

+son- t shall )in any ' such

a con-

:side11 t

:ouncil ~*worlis y this

bylaws

Lylaw of the thwith ;ion in 1 form 3mbers of the ion by

med to stated

)ersoiis 11ay be bylaws

e duly of tlie in the :ouncil rote of 3 until

1904 CITY OF EbMONTON Cap. 19 111

LIGHTING, HEATING AND POWER WORKS.

20. The coporation shall have power to manufacture and ~;y&g,Ct supply for the use of the corporation and of all persons gas gas works,etc. (including natural gas) for heating, cooking and all other purposes for which gas can be used and to manufacture and supply electric, galvanic or any other artificial light or heat or power either in connection with gas or otherwise; and for these purposes shall have power to construct, purchase, improve, extend, hold, maintain, manage and conduct any works which they may deem requisite ; and shall have power to acquire any patent or other rights for the manufacture or production of any artificial light or heat or power ; and also to supply, sell or lease all fittings, machines, apparatus, meters or other things for the purposes aforesaid.

(2) The corporation may sell or dispose of coke, tar and every product refuse or residue obtained in or from their said works and any surplus of coal they may have on hand.

(3) The corporation shall have power to rent or purchase such lands and buildings as they deeni necessary or advan- tageous for the purposes aforesaid.

2 1. The corporation or their servants under their authority Corporalion may break up

may for the purpose of laying down, taking up, examining or streets and keeping in repair the pipes or wires used for conducting the gas, electricity or other means of producing light or heat or power break up, dig and trench in, upon, through, over and under the highways, streets, lanes, roads, squares and other public passages and places in the municipality; or with the consent of tlie owner in, upon, through, ,over or under any private property ; or nirty upon poles, or otherwise conduct such wires and rods along and across such streets, lanes, roads, squares and other public passages and places or with the consent of the owner upon private property.

22. Where there are buildings within the municipality May carry different puts whereof belong to different proprietors or are pipes W I ~ C J and through

in possession of different tenants or lessees the Corporation niaz carry pipes, wires or rods to any part of any building so situate pnssirig over the property of one or more proprietors or in the possession of one or more tenants to convey the gas, electricity or other means of providing light or heat or power to the property of another or in the possession of another.

(2) Such pipes, wires or rods shall be carried up and attached to the outside of the building unless consent is obtained to carry the same inside.

23. The corporation may also break up and uplift al1~jl;~op passages coninion to neighbouring proprietors or tenants and passages dig or cut trenches therein for the purpose of laying down pipes or wires or taking up or repairing or examining the same doing as little damage as may be in the execution of the

155

1 l i - Cap. i9 CI?k OF EDMONTOH 1904

powers hereby conferred and restoring such passages to their original condition without unnecessary delay.

f,$',',"z,","lb!t 24. The corporation shall construct their gas and other to be works and all apparatus and appurtenances thereunto

belonging or appertaining or therewith connected and where- soever situated so as not to endanger the public health or safety.

Corpor.ation to 25. Where the corporation has constructed any works for supply h u i l d l i ~ ~ s o,l supplying the mnnicipality with light, heat or power as here-

inbefore provided and where there is a su,fficient su ply thereof it shall be the duty of the corporation to supply a P 1 buildings

reqiiea t

within the municipality situate upon land lying along the line of supplies upon the same being requested by the owner, occupant or other person in charge of any such building a t the cu5to1nary charges and on the customary terms.

Powem to 26. The corporation may from time to time make and for enforce all necessary bylaws, rules and regulations for the general

maintenance and management of all the works constructed or marlngel1lent riiaintained under this Ordinance ; and of the officers or others co~lactiou of employed in connection with them ; and for the collection of

the rates and charges for supplying gas or electricity or other nieans of providing light or heat or power hereunder and for the rent of fittings, rnachines, apparatus, ineters or other things leased to coiisumers ; and for fixing such rates, chr~rges and rents ; and tlie times and places when and where the same slid1 be psyable; and the corporation may allow for prepayment or punctual payment such discount as they may deeiii expedient.

27. Tlie corporation may enforce payment of such rates, cliarges or rents by action in any court of coiiipeterit .jurisdiction or by distress and sale of the goods and chuttcls of the person owing such rates, charges or rents wherever the m i l e niny he found in the inunicipality in which the gas, electricity or otlier means of providing light, hest or power is supplied.

(2) Sucli distress and sale shall be conducted in the smile inanner as distress sales are conducted for arrears of taxes and the costs chargeable shall be those payable to bailiffs under Yhc Ordi?aa?ice ves2ecting Distress j o y rent and Extra-judicial Seizwe.

(3) Where any consumer discontinues the use of gas or other iiieaiis of providing light or heat or power furnislied by the corporation or the corporation lawfully refuses to continue any longer to supply the same the officers and. servants of the corporntion iiiny a t all reasonable times enter tlie premises in or upon which such conwner was supplied with gas or the nieans of providing light or heat or power for the pui*pore of renioving therefroin any fittings, machines, appuratus. meters, pipes or other things being the property of the corporation in or upon such premises and may remove the same therefroni doing no unnecessary damage.

156

endangered

make bgln\zrs

m<riii tenance and

of uorks and

rri to*

ro\\cr to PaYtl lPl l t mtc4

CllforLU

'

- _ - . .-

19(

'x mu mu

cor1 to 1: ma3

2 mail squa shnl first persc upor six f if i t a t a st,znt an tec and i

mu1

3t the I

and

w,ztcs corp 1LllCl sl1nll Or&

3r men\ preii

( 2 snd 1

co lh annii

year byla> the 1

COllC.~ and prov cipal

3'- shall OffiCL

OJYll(

alrlol

1904 CITT OF EDMONTON Cap. 19 113

municipality exercise the like powers within the adjoining beyond city municipality as i t may under this Ordinance within its own iriunicipality upon such terms as nmy be agreed upon ; and the corporation of the adjoining municipality iriay either require to be paid a sum in grow or annually for such privilege or may pay a sum in gross or annually therefor.

main pipes for the supply of gas in or through any of the streets squares or public places of the municipality the corporation exluting shall not without the consent of such person, firm or company first had and obtained nor otherwise than upon payment to such person firnl or coirlpany of such compensation as may be agreed upon lay down any main pipe for the supply of gas within six feet of the main pipes of such person, firm or company or if i t be impracticable to cut drains far any such main pipes at a greater distance then as nearly six feet as the circumstances of the case will admit. This section is subject to any :til tecedent agreement between such person, -'firm or compnny and the municipal corporation.

2% The corporation may under a bylaw of an

29. In case any person, firin or coinpltny has laid downRestrictiqn8 when niain8 , alrendy

+ .

> . I GENERAL.

30, The corporation shall do as little damage as rnay be in the execution of the powers by this Ordinance granted to thein dnrunge to and sliall ninke reasonable and adequate satisfaction to the be 'lone owners, occupiers or other persons interested in the land, n-ntera, rights or privileges entered upon, taken or used by the c o r p o r h m or iii,juriously affected by the esercise of its powers ; nnd in case of disagreement the Compensation or damages shall be ascertained as provided in like cases in The MunicipuZ Ordinance.

3 1, The attempt to collect any rrites by process hereinbefore Attempt to collect ratcx mentioned shall not in any way invalidate the lien on the;;m;;d,Lte

(2) In event of the rate remaining uncolIected and unpnid and continuing a lien upon the said premises as aforesaid the aiiiount of the rate so in arrears shall be returned by the collectors to the secretary-treasurer of the municipality annilally on or before the eighth day of April in each and every year or such other time as may be fixed by the corporation by bylnws in that behalf ; and the same together with interest a t tlie rate of ten per cent. per annuin thereon shall thereupon be collected by the secretary-treasurer by the sale of the lands and premises in. the same manner and subject to the same provisions as in case of the sale of lands for arrears of niunicipal tases for the time being.

premises as hereinbefore provided. . . lien

3% The corporation and their officers, agents and servants f';t;;:;z shall have the like protection in the exercise of their respect' ' Ive of omcers offices and the execution of their duties os public officers have

157

. . . - . - . t


under the laws of the Territories and the watchman and other ofhers of the corporation when in the discharge of their duties shall be ex of ic io possessed of all the powers and authority of constables.

33. All materials procured or partly procured under contract with the corporation and upon which the corporation shall have made advances in accordance with such contract shall be exempt from execution.

Property exempt from execution

Properly 34, The lands, buildings, machinery, reservoirs, pipes, poles, ~ ~ ~ ~ ~ “ , ‘ r O r n wires, rods, meters, fittings and all other real or personal

property connected with or appertaining or belonging to any work under this Ordinance shall be exempt from taxation for municipal, school or other purposes.

Property 35. No property owned by the corporation under the exempt from seizure for authority of this Ordinance shall be liable to seizure by way of distress distress for rent.

~ o w e r t o s e l l propertv when no longer required

36. The corporation may dispose of any real or personal property acquired by them for the purpose of this Ordinance when no longer required and until sold may rent or lease the same ; any property so sold shall be free from any charge or lien on account of any mortgage, bonds, debentures or other securities issued by the corporation ; but the proceeds of the sale shall be added to and form part of the fund for the redenlption arid pay- nient of any such securities constituting a chai-ge thereon ; but may be reinvested in similar property under the authority of this Ordinance which substituted property shall imniediately upon ,its being acquired be and become subject to such securities as the property sold was subject to ; or should no such securities then exist then the said proceeds shall form part of the general funds of the corporation and may be applied accordingly.

(2) In case credit is given for any portion of the purchase money of such real property the corporation may take security by way of mortgage to secure the same ; and the Corporation shall have all the rights, powers or remedies expressed in or irnplied by any mortgage given as fully as if the niortgage had been given to a private person ; and every such mortgage and the proceeds thereof shall be subject to the provisions of t,ho first subsection of this section.

Noinember 37. No member of the council of the municipality shall of council to beinterested personally have or hold any contract in connection with any

works under this Ordinance or be directly or indirectly interested in the same or any of them ; but no person shall be held to be disqualified from being elected or sitting as a member of the council of the corporation by reason of his being a taker or consurlier of water, light, heat or power supplied by the corporation or by reason of any dealing or contract with the corporation with reference to the supply of water, light, heat or power to such person.

,158

1904

3t their

struc inach the c and c porat

OCCCbL

39 struci or in Prop: of thl.

40, acts-

1. T or pro or tht any of ties in

2 1‘ gas so

3. > being behal i free t u

cham1 other

4. 1 inattei such 7’

any encou

5. 1 or coli 01‘ 0th or elec the co

6. 1 wiw rod of’ 01‘ elec

7. 1

one II

any ri the n thron

or pla

. -


38. All persons and corporations who shall by themselves, ;&;:;s,;fng their servants or agents by act, default, neglect or oniission damage occasion any loss, damage or injury to the public works constructed under the provisions of this Ordinance or to any plant, machinery, fitting or appurtenance thereof shall be liable to the corporation for or in respect of such damage, loss or injury and daiuages in respect thereof may be recovered by the corporation in any court of competent jurisdiction.

39. The corporation may purchase or lease any works con- power to structed for the supply of water, light, heat and power withinp ease urchwc exiutiiig or

or in the neighbourhood of the municipality and being the,works property of niiy person or company and under the provisions of this Ordinance may irnprove or extend such works.

40. If any person does or commits any of the followingpennltieq acts-

1. Wilfully or maliciously hinders or interrupts or causeA or procures to be hindered or iuterrupted the said corporation or their managers, contractors, servants, agents, workillen or any of them in tlie exercise of any of the powers and suthori- ties in this Ordinance authorised and contained;

2. Wilfully or maliciously lets off or discharges water or gas so tlitlt the same runs waste or useless ;

3. Not heing in the employment of the corporation and not being a nieriiber of the fire brigade and duly authorised in that behalf wilfully opens or closes any hydrant or obstructs the free access to any hydrant, stopcock, chamber pipe or hydrant chamber by placing on i t any building material, rubbish or other obstruction ;

4. Throws or deposits any injurious, noisome or offensive matter into the water or waterworks or upon the ice in case such wates is frozen or in any way fouls the water or commits a n y wilful damage or injury to the works, pipes or water or encourages tlie same to be done ;

5. WilFully alters any meter placed upon any service pipe or connected therewith within or without any house, building or other place so as to lessen or alter the amount of wLbter, gus or electricity registered thereby unless specially authorised by the corporation for that particular purpose and occasion ;

6. Lays or causes to be laid or attached any pipe or main or wire or rod to communicate with any pipe or main or wire or rod of the works or in any way obtains or uses any water, gas or electricity thereof without the consent of the corporation ;

7. Washes or c1eansl.s cloth, wool, leather, skin or aninials or places any nuisance or offensive thing within the distance of one mile from the source of supply for such waterworks in any river, pond, creek, spring, source or fountain from which the water of the waterworks is obtained or conveys, casts, tlirows or putw any filth, dirt, dead carcass or other noisoine or

159

c


offensive thing therein or within the distance as above set forth causes, permits or snffers the water of any sink, sewer or drain to run or be conveyed in the same or causes any other thing to be done whereby the water therein may be in any way tainted or fouled. and if such person is convicted of such act before a justice of the peace he shall for every such offence forfeit and pay a sum not exceeding $20 and nof less than $1 together with the costs and charges attending the procee or such offender may be imprisoned in t any term not exceeding thirty

4 1 The penalties in money the last preceding section or any portion of them which may be recovered shall be paid to the convicting justice ; and by hiin paid one half to the treasurer of the corporation and the other half to the prosecutor unless the prosecutor is the officer or servant of the corporation in which case the whole of the penalty shall be paid to the corporation.

May be 42. Any municipal public work provided for in this Ordi- nance may he constructed, built, purchased, improved, extended,

undertaking held, maintained, managed and conducted either separately as distinct undertakings or in conjunction as one ,entire undertaking.

43. It is hereby provided that any public work or works constructed or acquired under this Ordinance and all lands acquired for the purpose thereof and every matter and thing appertaining thereto and all revenues derived tlierefwra sliall be held to Le entirely separate from all other assets of the municipality and shall not be liable for any debt of the niuni- cipnlity heretofore or hereafter contracted by the municipality on the credit of the municipality a t large and such public work or works, lands, appurtenances and revenues shnll be and are hereby specially charged with the repayiiient of any sum 01' sums of money which may be borrowed a t the credit thereof by the corporation for the purposes thereof and for any dehen- tures which may be issued therefor;and the holders of such securities shall have a preferential lien and charge on the said works, lands, appurtenances and revenues for the securing of the repayment of the same and the interest thereon irrespective of the order in which the same are issued.

Applicetion of penalties

'

-

as Repmte

.

Money borrowed to beacharm on morkq

-

-2

Application 44. After the construction of the works all the revenues arising from aiid out of the supplying of water, light, heat or power or from the real and personal property connected with the works to be acquired by the corporation under this Ordin- '

ance shall after providing for the expenses attendant upon the maintenance of the works and after payment of the amount payable for principal and interest or sinking fund and interest up to the end of the then current year, year by year be transferred to and form part of the general funds of the corporation and may be applied accordingly.

160

of rerenuc

. a

1

a t

tl

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0

a

te Sa aU th an Pa

ass PO'

arc to a t

PC' tio tht

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re. ex1 est LLft as?-

iss 1,C

1701 01.f

304

set ' or her my

tice ?&Y .ith ion for

ion aid the 1s e - the be

:di- led, as

ler-

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CITY OF EDMONTON Cap. 19 117 1904

45. I n the event of default being made in the payment of any portion of the moneys so borrowed or the interest thereon the holder or holders of such debentures shall be at liberty as often as such default shall happen and shall have continued for the space of twelve months but without prejudice to the jurisdiction of any competent court to interfere before the expiration of such period to enter upon and take possession of the public work or works, lands and appurtenances and operate the same until all arrears of principal and interest and the reasonable costs and expenses of taking possession and of operating the mine shall be fully paid and may on such terms as any competent court or a judge thereof may order advertise and sell the said public work or works, lands and appurtenances by public auction and ap ly the proceeds of such sale in repayment of the moneys SO Rorrowed and interest and costs and expenses and the Lalance if any remaining after such payment shall Le paid over to the municipality.

46. Tlic purchaser or purchasers on any such sale and their Rights assigns shall have and possess and niay exercise all the rights, p'lrchnscrs powers, privileges and franchises relating to the construction, inaintenance, working and conduct of the work or works which itre b r this Ordinance conferred upon the corporation subject to the right of the corporation to resume the ownership thereof a t the expiration of ten years from such sale on giving six iiwntlis notice and on payment within six months after such period of ten years a t a valuation to be ascertained by arbitration sgb,ject to the assent of the ratepayers as in the case of the original construction or purchase of said works.

47. In case the corporation fails to exercise the riglit of Kigilt of resuinirig the ownership of the public work or works at the ~ U p l p : ' ~ t i o l l

expiration of the said period the corporation may sirnilarly ;!;;:'lip of exercise such right a t the expiration of any fifth year thereafter upon giving one year's notice to the puwhasera or their assigns.

48. It is herehy declared that the powers of borrowing and Po\\vcrq to

he accounted as diminishing the powers of the municipality to I g m y ; d c i - 11orrow and issue deben tures conferred by The Munic ipa l Ordin,ulcc Onliiiccncc nor arc they to be taken 'as restricting the power of the municipality to borrow and issue debentures on the credit of the municipality a t large under The Munic ipa l Ordinance n-itliin the limit of amount therein provided for, for the purpose of constructing or purchasing any such public work or wo~lis or assisting therein and in horrowing for the purposes aforesaid or for the purpose of constructing a system of sewerage in connection with a system of waterworks ; the munjcipality in borrowing whether under the provisions of this Ordinance or of The Munzcipal Ordinance may extend the time of repayment for any term up to fifty years.

(2) Debentures issued in pursuance of a bylaw passed under the authority of this Ordinance may be dated as of the actual

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borrow t o bc issuing o€ debentures in this Ordinance provided for are not to i n .bddition to

1904

date of the issue thereof; provided such date be within four years fiom the date of the final passing of the bylaw and may be made payable in such manner that for the first five years succeeding their date interest only shall be payable.

118 Cap. 19 CITY OF EDMONTON

Special frontage

4!). For the purpose of assisting in the payment of any debentures issued for the purpose of waterworks constructed or acquired under the provisions of this Ordinance and the interest thereon i t shall and rnay be lawful for the corporation to provide by bylaw for the assessment and collection of a special tax or rate in each year uot exceeding four mills in tlie dollar upon the several properties according to the assessed value thereof fronting or abutting on the street in, through and along which the waterworks mains are laid as well as all other proper-ties which may enjoy the advantage of the use of water froni the said main distant not more than 300 feet therefrom for the purpose of protection against fire whether the owners or ratepayers thereof use the water or not for general purposes to nieet the yearly interest on any debentures issued for the purposes of the said waterworks and the annual instalinent of principal or the annual amount of payment to the sinking fund for the ayment of the principal thereof pro-

owner or occupant using said water of the receipt for payment of the rent chargeable for tlie use thereof during the year or such proportion thereof as equals such special tax shall remit or allow to such owner or occupant the amount so paid us a payment pro tanto on account of the special tax authorised to be levied by this section.

vided that the collector o f ' taxes upon the production by the

Corporfi+ion 50. The corporation may itself or by its officers exercise and inny appoint coiritiiiwoncre enjoy the powers, rights, authorities and immunities Iierebjr

conferred upon the corporation of such inunicipality or such council may either before the commencement of the works or a t any time while they are in the course of construction or after their completion by bylaw provide for the appointment of one or inorc commissioners for such purpose.

(2) Upon the appointment of a commissioner or commissioners all the powers, rights, authorities or iinmunities which under this Ordinance might have been exercised or eri,joyed I)y the council and the officers of the corporation acting for the corporstion shall and may be exercised by the commissioner or coinmissioners and the oificers appointed by him or them and the council thenceforth during the continuance in office of the commissioner or commissioners shall have uo authority in respect of such works.

(3) But any officer or employee appointed or einployed by the council in or about the construction or managelllent of the works shall be continued until removed by the commissioner or commissioners unless his engagement shall sooner terminate.

(4) Nothing herein contained shall be construed to divest the council of its authority with reference to the provicling of

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moneys required in respect of such work5 and the secretary- treasurer of the municipality shall upon the written certificate of the commissioner or coinmissimers pay out any moneys so provided.

5 1. The conmissioner or. commissioners shall be appointed &Y$;~~~~ from time to time by bylaw of the council on such terms andconlmissionere

to be tbpproved a t such a salary as they may deem expedient ; but such bylaw by Lieutennnt shall not take effect until approved by the Lieutenant Governor Governor in Council ; and shall cease to be valid after one month’s notice from tlie Lieutenant Governor in Council that such approval has been withdrawn ; and no repeal or aiiiendinent of any such bylaw appointing a commissioner or commissioners shall be valid unless nor until such repeal or amendment has been approved in like manner except as hereinafter provided.

security for the perforniance of his duties as the council shall require.

have or hold any contract in connection with the said works. interested in or be directly or indirectly interested in the same or any of contract

them.

52. Every commissioner shall before taking ofice give such E:g;k:;ker

53. No commissioner appointed as aforesaid shull’personally C ommissionor not to be

54. The council of the municipality in case the construction ;;;;;I ~nirr of tlie works be entrusted to a commissioner or commissioners co,nnliswloners may by bylaw a t any time assume the work, remove the,,,, and &wmie

C O I I I ~ I issioner or commissioners, apportion their current year’s salary and proceed with and manage the works and in such case all the rights, powers, authorities, immunities, duties and liabilities then belonging to the commissioner or kommissioners sliall be transferred to and vested in the council; but any officer or employee appointed or employed by the commissioner or commissioners in or about the construction or management of the works shall be continued until removed by the council unless his engagement be sooner terminated.

55. The commissioner or coniinissioners shall keep or muse Accounts to to be kept separate books and accounts of the receipts and cowrtiisrlonerrl disbursenients for nnd on account of the works distinct from the books uiid accounts relating to the other property, funds or assets belonging to the works ; and all such books shall be open to the examination of any person appointed for that purpose by tlie council.

be kupt by

(2) The commissioner or commissioners on or before the fifteenth day of January in each year or upon such other day as the council ~ ~ i a y name shall cause a return to be made to the council containing a statement of the affairs of the works which shall show tlie aniount of the rents, issues and profits arising froill the works and the number of consumers during the previous year ; the extent and value of the movable and

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immovable property belonging to the works ; the amount of debentures then issued and remaining unredeemed and uncan- celled and the interest paid thereon or yet due and unpaid and the state of the sinking fund ; the expenses of collection and management and all other contingencies ; the salaries of officers and servants; the costs of repairs, improvements and alterations; the prices paid for the acquisition of any real estate that may have been acquired for the use of the works ; and generally such a statement of the revenue and expenditure of the works as will a t all times afford to the ratepayers a full and complete knowledge of the state of affairs of the works.

(3) The commissioner or commissioners shall also from tiine to time furnish such information as may be required by the council.

(4) All accounts relating to the works shall be audited by the auditor for the corporation in regular course and the commissioner or commissioners and all the officers shall furnish to the officers such information and assistance as may be in their power to enable the officers to properly audit such accounts.

Oath of 56. The coinmissioner or commissioners and the clerks omce and recordsof employed in their revenue service shall be swom before a procecdinRs justice of the peace for the faithful performance of their duties;

the commissiouer or commissioners shall keep a book for the purpose of recording the whole of their official piaocccdings and such book shall be open for inspection in the mine innniier ns thc books nieiitioned in the next preceding section.

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City of Edmonton - Municipal Affairs · Edmonton shall be deeined and taken for all purposes to be the head and members of the couiicil of the corporation hereby created and until

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