THES

CHAPTER 72.

An Ordinance respecting Villages.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Village Ordinance." Short title No. 27 of 1898, s. 1.

INTERPRETATION.

2. In this Ordinance

Interpretation

(1) The expression "voter means any man, unmarried “Voter” woman or widow of the full age of twenty-one years who resides within any village created or existing hereunder and who possesses, holds or occupies any land therein under any title.

(2) The expression "village" means and includes any village "Village" or unincorporated town heretofore organised as such and any village hereafter organised under the provisions of this Ordin

proposition

3. Whenever the commissioner of public works is satisfied Notice of by such proof as he may require that any portion of the Ter- to establish ritories (no part of which is within the limits of any incorpor- village ated city or town or rural municipality) contains not less than ten dwelling houses he may cause notices to be posted up in three conspicuous places within such area (one of which shall be the post office therein) that it is proposed to establish the same as a village after the expiration of thirty days from such posting. No. 27 of 1898, s. 3.

of village

4. After the expiration of the said thirty days the Lieuten- Establishment ant Governor in Council unless a majority of the voters within the area aforesaid by petition addressed to him object may by order establish the said area as a village under the name of the post office therein and shall define its boundaries, fix a day for the election of an overseer and appoint one of the voters of the said village to act as returning officer at the election of such overseer. No. 27 of 1898, s. 4.

OVERSEER.

5. The first election of overseer and all later elections shall Proceedings be conducted as follows:

1. The returning officer shall by public notice posted in the post office and two other conspicuous places in the village at least one week before the election call a meeting of the voters

on election of overseer

False declaration penalty

Return to

of public works

for the election of an overseer to be held on the day fixed therefor;

2. Election meetings shall be called to commence at the hour of seven of the o'clock in the evening of the day appointed, or if such day be a Sunday or a holiday, on the next following day which is not a Sunday or holiday ;

3. Nominations may be made during the first half hour of the meeting;

4. Male voters and no other persons shall be eligible for election as overseer;

5. When the time for nomination has closed

(a) If only one person has been nominated the returning. officer shall declare such person to be elected overseer; (b) If more than one person has been nominated the returning officer shall at once proceed to take the vote of the meeting which shall be by open voting;

6. Every person tendering his vote shall before his vote is received make and sign before the returning officer a declaration in form A in the schedule hereto;

7. The returning officer shall declare elected the nominee having the largest number of votes ;

8. In case of an equality of votes the returning officer shall give the deciding vote but shall not vote otherwise. No. 27 of 1898, s. 5.

6. Any person wilfully making a false declaration as a voter shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $10. No. 27 of 1898, s. 6.

7. The returning officer shall make a return to the commiscommissioner sioner of public works showing the result of the election and shall send therewith the declaration signed by the voters and his own declaration in form B in the schedule hereto. No. 27 of 1898, s. 7.

Overseer's bond

Overseer

Another election on failure of

overseer to

give bond

8. The person elected as overseer shall within five days of the declaration of his election deliver to the returning officer the bond of sufficient sureties in form C in the schedule hereto with an affidavit of justification indorsed thereon. No. 27 of 1898, s. 8.

9. Until such bond is furnished the person elected shall not act as overseer. No. 27 of 1898, s. 9.

10. If such bond is not delivered to the returning officer within such time he shall proceed to hold another election as soon as may be consistently with the giving of notice as herein provided.

(2) At the election so to be held the person making default in delivering such bond shall not be eligible for such election.

(3) The previous election shall become void on the election. of another person under this section.

(4) Immediately on receipt of the bond the returning officer shall transmit it to the commissioner of public works.

(5) If a person is elected overseer in the place of one who has failed to furnish a bond the provisions of this and the two preceding sections shall be observed and followed as in the first. instance. No. 27 of 1898, s. 10.

term of office

11. The first overseer elected in any village shall enter on First his duties at once after furnishing his bond and shall hold overseer's office for the remainder of the calendar year in which he was elected and until his successor has furnished his bond.

(2) The overseer elected at elections subsequent to the first Term of office election shall hold office for the calendar year ensuing the day of subsequent on which the election is required to be held hereunder and until his successor has furnished his bond.

Overseer

vacancy

(3) In case of a vacancy occurring in the office of overseer Proceedings the Lieutenant Governor in Council may order another elec- in case of tion or appoint an overseer for the unexpired term, in which latter case the Lieutenant Governor in Council may dispense with the overseer's bond otherwise required. No. 27 of 1898,

s. 11.

commissioner

12. The Lieutenant Governor in Council may if he sees fit Removal of remove any overseer from his office and appoint a commissioner overseer and appointment in his stead and any such commissioner shall have all the of powers of the overseer and such other powers in regard to the conduct of the village affairs as may by the Lieutenant Governor in Council be deemed proper and necessary. No. 27 of 1898, s. 12.

overseer

13. The election for overseer shall be held in each village Election of on the second Monday in December in each year and for the subsequent purpose of such election the overseer shall appoint in writing before the first day of November in each year a returning officer; and should the person so appointed decline or be or become unable to act the overseer shall forthwith appoint another in his stead.

(2) The returning officer shall receive a fee of $3. No. 27 of Returning 1898, s. 13.

officer's fees

if election of Overseer or

bond disputed

14. Whenever the due election of a person to be overseer Proceedings or the sufficiency of the bond furnished by him is disputed, any voter may on depositing, within one month after declara-sufficiency of tion of the election, with the clerk of the Supreme Court for the judicial district wherein the village is situated (or the deputy clerk if the village is within a deputy clerk's district) the sum of $50 as security for such costs as a judge may order him to pay and on alleging reasonable grounds therefor, obtain a rule nisi calling on the person elected to show cause why he should not be removed from the said office.

Annual business meeting

Statement by

overseer at

annual

meeting

Order of

business at annual

meeting

Regulations for prevention

(2) The judge may on the return of such rule dispose of the same suminarily or direct that it be set down for trial of the questions raised thereby as an action in Court.

(3) Upon such summary disposal or trial the judge may order that the overseer be removed from the office and that another person be admitted thereto or another election held as justice may require and the judge may make such orders as are necessary for the carrying out of the judgment or order. Costs of the proceedings shall be in the discretion of the judge. No. 27 of 1898, s. 14.

MEETINGS OF VOTERS.

15. An annual business meeting of the voters shall be held in the village before the fifteenth day of April in each year which meeting shall be called by the overseer who shall give notice thereof for the period and in the manner required for election meetings. No. 27 of 1898, s. 15.

16. The overseer shall at the annual village meeting submit to the voters a statement of the estimated total expenditure of the village for the current year which shall include

(a) The amount payable in such year on any debt contracted hereunder;

(b) Drainage and street improvements;

(c) Construction of sidewalks;

(d) Fire protection and water supply;

(e) Purchase of property for village purposes;

(f) Scavenging ;

(g) Contingencies;

(h) Remuneration of overseer.

No. 27 of 1898, s. 16.

17. At the annual meeting the order of business shall as

nearly as possible be as follows:

1. The election of a chairman and secretary;

2. The reading and dealing with

(a) The minutes of last annual meeting;

(b) The overseer's return provided for in section 40 hereof and the auditor's report;

3. The consideration of the overseer's statement of estimated expenditure and deciding thereon ;

4. The election of an auditor and fixing his remuneration; 5. Such other general business as may concern the village but not exceeding the powers given herein. No. 27 of 1898,

s. 17.

18. The voters may at the annual meeting or at a special of disease meeting duly called for the purpose, in addition to their other powers, make regulations further than those herein contained

and protection from fire

for the general cleanliness of and prevention of disease in the village, including the employment and remuneration of a scavenger, and also for the protection of property from fire. No. 27 of 1898, s. 18.

19. The overseer may whenever he deems fit or upon being Special requested so to do by any five voters in writing giving the ob- meetings ject of the meeting shall call a special meeting of voters; notice shall be given of all special meetings as in the case of the annual meeting but also stating the purpose of the meeting. No. 27 of 1898, s. 19.

ASSESSMENT AND TAXATION.

20. The necessary revenue of the village shall be raised by Revenue, the levy of a yearly rate upon the property therein not exceed how raised ing ten mills on the dollar of the assessed value. 1898, s. 20.

No. 27 of

21. The overseer shall forthwith after the annual meeting Assessment assess all real and personal property in the village not exempt from taxation under The School Ordinance, and shall prepare an assessment list shewing the name of each person assessed, the property in respect of which he is assessed and the assessed value. No. 27 of 1898, s. 21.

22. The overseer shall thereupon mail to or leave at the Notice of usual or last known place of abode of each person assessed assessment written notice of the property in respect of which he is assessed and the amount, and shall make a note on the assessment list opposite the name of each person stating the manner and date of giving the notice. No. 27 of 1898, s. 22,

23. The overseer shall forthwith after the assessment make oath of oath that such assessment was truly and honestly made and assessor that the notices were given as stated in the assessment list; such oath shall be indorsed on the assessment list and shall be prima facie evidence that the assessment was duly made and that the notices were duly given. No. 27 of 1898, s. 23.

thereon

24. Any voter or person assessed may within one month Appeal from after the mailing or delivery of the notice appeal to a justice assessment of the peace from such assessment; the justice shall fix a place proceedings and a time within two weeks from the last day for giving notice at which he will hear appeals; all appeals shall be determined within one week after the time fixed for hearing. them; the overseer shall amend his assessment in accordance with the decision of the justice; notice of appeal, stating the grounds thereof, and the time and place fixed by the justice for hearing the same, shall be given in writing by the appellant to the overseer and any other person affected. No. 27 of 1898, s. 24.

25. After the assessment has been completed and the appeals, Striking if any, disposed of, the overseer shall strike such a rate not ex

a rate