Resident's liability in certain cases Property to be Commissioner Additional regulations Overseers to be fire guardians Reference in other Ordinances (d) Neglects or refuses to hand over to his successor on demand therefor all the moneys, books, papers and other property of the district in his possession: shall (in addition to any civil liability which he may thereby incur) be guilty of an offence and be liable on summary conviction thereof to a penalty not exceeding $50. No. 10 of 1897, s. 36. 40. Any resident of a district who refuses to pay his assessment or who after having elected to perform work in commutation of any assessment under the provisions of this Ordinance neglects or refuses to perform the same when and where directed by the overseer or by the foreman nominated by the overseer as herein before provided, shall be guilty of an offence and liable on summary conviction thereof to a penalty not exceeding $50. (2) Such fine when recovered shall be paid to the overseer for the use of the district. No. 10 of 1897, s. 37. MISCELLANEOUS. 41. At the expiration of the term of any overseer or on the position becoming vacant from death, resignation, removal from the district or otherwise, the rolls, district moneys and other property of such district held by him in virtue of his position as overseer shall be handed over by him or his personal representative to his successor; and a receipt for the same shall be inscribed in the book referred to in section 29 hereof. No. 10 of 1897, s. 35. 42. The commissioner may from time to time appoint such person as he may see fit to inspect and report on the condition of the work in any district, the tools, implements or other property owned by the district and audit the books of the overseer of the district. No. 10 of 1897, s. 39. 43. The Lieutenant Governor in Council may make such provisions or regulations not inconsistent with this Ordinance as may be necessary for the proper carrying out of the same or to meet exigencies occurring under its operation. No. 28 of 1898, s. 18. 44. All overseers shall be ex officio fire guardians under the provisions of The Prairie Fire Ordinance. No. 10 of 1897, s. 40. 45. Wherever in any Ordinance reference is had to The Statute Labour Ordinance or to statute labour districts or to the overseers thereof it shall be deemed to refer to this Ordinance and to the overseers of local improvement districts. No. 28 of 1898, s. 20. The undersigned severally declare, each for himself, that he is a resident owner or occupant of land in the above named district, over eighteen years of age, and votes in respect of the land set opposite his name hereto, and that he votes for the person whose name is set opposite his name hereto : meridian. I, A.B., Returning Officer for Local Improvement District No. in township range west of meridian, hereby solemnly declare that the record of votes annexed, signed by me, is a true record of votes cast upon the 1, when day of was duly elected Overseer for the above district, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act 1893. Short title Interpretation "Act" "Board "District" "Owner" "Works" "Voter" "Commissioner" "Engineer" "Arable" Existing irrigation districts continued CHAPTER 74. An Ordinance respecting Irrigation Districts. 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 Ordinance." No. 30 of 1898, s. 1. "The Irrigation District INTERPRETATION. 2. In this Ordinance unless the context otherwise requires1. The expression "Act" means the Act of the Parliament of Canada known as The North-West Irrigation Act 1898 and shall include any amendments thereto which may hereafter be passed; 2. The expression "board" means the board of trustees of any district created under the provisions hereof; 3. The expression "district" means any irrigation district created under the provisions hereof; 4. The expression "owner" means and includes any person who by any right, title or estate whatsoever is or is entitled to be in possession of any land in a district or in any area proposed to be erected into a district under the provisions hereof: 5. The expression "works" shall for the purposes of this Ordinance mean and include any dykes, dams, weirs, floodgates, breakwaters, drains, ditches, basins, reservoirs, canals, tunnels, bridges, culverts, cribs, embankments, headworks, flumes, aqueducts, pipes, pumps and any contrivance for carrying or conducting water or other works which are authorised to be constructed under the provisions of the Act; 6. The expression "voter" means any person duly qualified under the provisions hereof to vote at any election or upon the taking of any vote under the provisions hereof; 7. The expression "commissioner" means the commissioner of public works for the Territories; 8. The expression "engineer" means the engineer appointed by the board under the provisions of section 26 hereof; 9. The expression "arable" means any land which is capable of being cultivated without the necessity of first removing therefrom any live timber, scrub or stones. No. 30 of 1898, s. 2. EXISTING DISTRICTS CONTINUED. 3. Any irrigation district now existing which was constituted or erected under any Ordinance of the North-West Terri tories heretofore in force is hereby continued and shall be subject to the provisions of this Ordinance. No. 30 of 1898, s. 3. ORGANIZATION OF DISTRICTS. erection 4. The majority of the owners of the full age of twenty- Petition for one years resident within any tract of land not already in an irrigation district may petition the commissioner to erect such tract into an irrigation district under the provisions of this Ordinance and such petition shall clearly define the area and boundaries of such tract. required (2) Accompanying such petition shall be a statutory declar- Information ation made by two responsible owners resident within the tract, who have signed the petition, that they verily believe that twothirds of the proposed district can be irrigated from the proposed works, that the signatures to the petition have been affixed in their presence and that the signers are a majority of the owners of the full age of twenty-one years resident within the tract which it is desired to have created a district. No. 30 of 1898, s. 4. application to gazette 5. Upon receipt of such petition by the commissioner he Notice of shall cause a notice to be published in the next issue of the be published official gazette stating that application has been made for the in official erection of such tract (describing it) into an irrigation district" under the provisions hereof; and a like notice shall be published once by the petitioners in a newspaper published within the proposed district, or if there be no such newspaper then in the newspaper published nearest thereto. No. 30 of 1898, s. 5. of returning 6. If at the expiration of two weeks from the publication Appointment of the said notice in such newspaper there is found to exist no officer substantial objection to the erection of the proposed district the commissioner shall appoint a resident owner to be returning officer for the purpose of taking a vote of the owners within the proposed district upon the question of the erection of such district. No. 30 of 1898, s. 6. 7. The commissioner shall cause such returning officer to be Notice of notified of his appointment and on receipt of such notification meeting the returning officer shall cause a notice signed by him in form A in the schedule hereto to be posted in at least ten conspciuous and widely separated places within such district and in the post office therein or nearest thereto and shall also cause a copy of such notice to be published at least one week before the time fixed for the meeting in some weekly newspaper published in the proposed district or in case there is none published therein in a newspaper published at the point nearest thereto. meeting (2) Such meeting shall be held at or near the point most Place of centrally situated within the proposed district where a suitable building therefor can be obtained. (3) A certified copy of such notice together with a statutory Return to commissioner declaration by the returning officer proving the due posting and publication thereof shall be forwarded to the commissioner. of voters Qualification (4) The persons entitled to take part and vote at such meetings shall be the owners of the full age of twenty-one years. No. 30 of 1898, s. 7. Proceedings at meeting Nomination of trustees Who may nominate Qualification of trustees Proceedings on election of trustees Qualification of voters 8. At the hour appointed in the notice calling such meeting which shall not be later than ten o'clock in the forenoon the returning officer shall read to the meeting the petition for the erection of the district or a copy thereof and his appointment as returning officer after which and until noon of the same day he shall take the votes of the voters present on the question of the erection of the district. (2) Every voter shall sign a declaration as in form B in the schedule hereto and record his vote as provided in such form. (3) The returning officer may vote and in case of an equality of votes he shall have the deciding vote. No. 30 of 1898, s. 8. ELECTION OF TRUSTEES. 9. If such vote results in favor of the erection of the district the returning officer shall proceed to hold an election of three trustees for the district and at one o'clock of the afternoon of the same day the returning officer shall proceed to receive nominations of candidates for election as trustees. No. 30 of 1898, ss. 8 (4), 9. 10. Voters and no other persons shall be entitled to nominate candidates. (2) Trustees shall be owners resident in the district and qualified as voters. (3) Nominations may be made during the first hour of the election meeting. (4) If no more than the requisite number of persons are nominated during the period for nominations the returning officer shall declare them elected. (5) If more than the requisite number of persons are nominated during such period the returning officer shall at the expiration thereof declare the nominations closed and shall proceed to take a vote by open voting. (6) The persons entitled to vote at such election shall be the owners of the full age of twenty-one years. (7) Every voter shall have as many votes as there are trustees to be elected but shall in no case vote more than once for one candidate at the same election. (8) If required to do so by any owner present or of his own. accord if deemed advisable the returning officer shall administer an oath to any person applying to vote on the question of the erection of the district or the election of trustees for the district as to his qualification to vote, which oath shall be as follows: |