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58. All money received for ferry licenses, fees or bonuses Fees to be paid under this Act shall be deposited to the credit of the general revenue fund revenue fund of the Province.

unlicensed ferry

59. Any person operating a private ferry for hire or Penalty for reward without having first obtained a license therefor as provided by this Act shall be guilty of an offence and upon summary conviction thereof shall be liable to a fine of $10 for each and every day that such ferry is operated without such license.

PROTECTION OF PUBLIC WORKS.

obstructing

60. Any person who obstructs or interferes in any manner Penalty for with any road allowance or other surveyed highway vested public highway in His Majesty as herein provided shall be guilty of an offence and upon summary conviction thereof shall be liable to a fine not exceeding $50 or imprisonment for thirty days or both.

injuring public

61. Any person who carelessly or wilfully breaks, cuts, Penalty for fills up or otherwise injures any public work shall be guilty work of an offence and upon summary conviction thereof be fined a sum not exceeding $100 and costs and in default of payment after conviction may be imprisoned for a period not exceeding sixty days; and the justice of the peace may further order the offender to forthwith repair any such damage or remove any obstruction as aforesaid.

bridges

(2) Any person who rides or drives any horse, mule or Traffic on horned cattle upon or across any bridge the property of His Majesty at a pace faster than a walk shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $25.

bridges

(3) Any person who wilfully, and without lawful excuse, Obstructing places any obstruction on any bridge the property of His Majesty or who in any way prevents, hinders or causes delay to any person desiring to travel across such bridge shall be guilty of an offence and shall be liable upon summary conviction thereof to a penalty not exceeding $50.

jury to bridges

and culverts by

portable engines

(4) Every person who uses any bridge or culvert the prop- Penalty for inerty of His Majesty in connection with the movement or any portable steam engine or any steam traction engine shall provide sufficient plank or timbers of not less than three inches in thickness and ten inches in width, twelve feet or over in length to be laid longitudinally upon the floor of such bridge or culvert under the wheels of such portable steam engine or steam traction engine; and any person neglecting or refusing to provide and use such planks shall be guilty of an offence and liable upon summary conviction thereof to a penalty not exceeding $50.

Registration of plan to vest street, etc., in Crown

Opening of

road on petition

expenses

GENERAL.

62. The registration in the land titles office of the plan of the subdivision into lots or blocks of any land not within the limits of an incorporated city or town shall vest the title to all streets, lanes, parks or other reserves for public purposes shown on such plan in His Majesty; and no change or alteration in the boundaries of any such street, lane, park or public reserve shall be made without the consent of the minister having been first obtained.

63. If any one or more persons petition the minister for the and payment of opening of a road through any land and the minister is of the opinion that such road may be reasonably opened for the convenience and benefit of such person or persons as aforesaid, but that such road is not required in the interest of the public generally, the minister may require the said person or persons to deposit with the provincial treasurer such sum as he considers sufficient to cover the cost of opening the road and paying compensation in connection therewith and if the said road or any road which in the opinion of the minister will be of equal or nearly equal convenience and benefit to such person or persons as aforesaid is thereafter opened the sum so deposited or so much thereof as may be necessary may be applied towards paying the expenses of opening the road and paying compensation in connection therewith and any balance which remains shall be repaid to such person or persons as aforesaid.

Lieutenant
Governor to

64. The Lieutenant Governor in Council may from time to prescribe forms time make such regulations and prescribe such forms as may be deemed necessary for the proper carrying into effect of the provisions of this Act.

Repeal

65. All enactments and provisions of law inconsistent with or repugnant to this Act are hereby repealed.

1906

CHAPTER 11.

An Act to Amend Chapter 24 of the Ordinances of the North-
West Territories, 1903 (Second Session), intituled "An
Ordinance Respecting Local Improvement Districts."

HIS

(Assented to May 9, 1906.)

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. The section substituted by Section 2 of Chapter 8 of the New Section 4 Ordinances of 1904 for Section 4 of The Local Improvement Ordinance of the North-West Territories is hereby repealed and the following section is substituted therefor:

"4. The Lieutenant Governor in Council may constitute any portion of the Province which contains a resident population in the proportion of one resident to each three square miles a district, on receipt of a petition as hereinafter provided."

2. Section 18 of the said Ordinance is hereby repealed and New Section 18 the following section is substituted therefor:

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"18. At the first election all persons who are owners or occupants of rateable land in the division shall be entitled "to vote.

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"(2) At any election after the first election all persons who are owners or occupants of rateable land in the division "and who have paid all taxes due to the district shall be "entitled to vote."

3. Section 20 of the said Ordinance is hereby repealed and New Section 20 the following section is substituted therefor:

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"20. At the time and place mentioned in the notice referred to in the next preceding section the returning officer "shall proceed to the place of election and at the hour of 10 "o'clock in the forenoon shall call for nominations for the "office of councillor. At the expiration of one hour the re"turning officer shall declare the nominations closed and if "only one person has been nominated such person shall be "declared elected by the returning officer, but if more than "one person be nominated tue returning officer shall proceed "to an election and shall open a poll which shall remain

New Section 21

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open three hours, and such one of the persons nominated "as receives the largest number of votes shall be declared "elected by the returning officer."

"(2) At any time before the opening of the poll any elect"or or candidate may demand in writing, delivered to the "returning officer, that the poll be by ballot and in such case "the returning officer shall proceed as follows:

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(a) Set apart a portion of the room where an elector may

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mark his ballot without the manner of marking the same being discovered;

"(b) Provide sufficient ballots which shall consist of plain sheets of paper all of equal size and shape "and as nearly as may be four inches long and two "inches wide;

"(c) Provide a receptacle into which the ballots shall be "placed when marked.

"(d) Give to each elector who signs a declaration in the "form "E" in the schedule to this Act in the case of a first election, and who signs a declaration in the form "F" in the schedule to this Act in the case of

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any election after the first election, upon demand a ballot and explain the manner of voting to him; "(e) Count the ballots when the time has expired for voting and declare the result."

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(3) In the event of an election by ballot the manner of voting shall be as follows:

"(a) The returning officer shall initial each ballot before 'delivering it to the voter;

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"(b) The voter shall write across the ballot the name of "the candidate for whom he desires to vote, fold the

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ballot so as to conceal the name and expose the "returning officer's initials, and return the ballot "to the returning officer;

"(c) In the case of any voter being unable to write the returning officer shall mark his ballot as directed "by such voter, and in the presence of all persons 'present in the room at the time;

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"(d) After the ballots have been counted and the result "declared the returning officer shall immediately "destroy all the ballots cast, in the presence of all persons present in the room at the time."

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4. Section 21 of the said Ordinance is hereby repealed and the following section is substituted therefor:

"21. Every elector in the division may vote for one of the "candidates but in case of the first election prior to the voting shall sign a declaration before the returning officer

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"in form "A" in the schedule hereto and in the case of any "subsequent election prior to voting shall sign a declaration "before the returning officer in the form "AA" in the "schedule hereto and record his vote as provided in such "form, save where the election is by ballot as in the last preceding section mentioned."

amended

5. Section 22 of the said Ordinance is hereby amended by Section 22 striking out the word "declaration" where it occurs in the first line thereof and substituting therefor the word "declarations."

6. The section substituted by Section 5 of Chapter 8 of New Section 25 the Ordinances of 1904 for Section 25 of the said Ordinance

is hereby repealed and the following section is substituted therefor:

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"25. After the first election herein before provided the "council of every district shall have power to appoint returning officers for the election of councillors for the various divisions in each district. The annual election shall be held "in the manner hereinbefore provided for and shall be held on the second Saturday in January. In case no returning "officers were named at the last meeting of the council or "that the officers named by the council refuse or neglect to "act the secretary shall have power to make such further appointments as may be necessary."

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amended

7. The section numbered "25a" added to the said Ordi- Section 25a nance by Section 5 of the said Chapter 8 of the Ordinances of 1904 is hereby amended by striking out the word "Monday" where it occurs therein and substituting therefor the word "Saturday."

8. Section 31 of the said Ordinance is hereby amended by Section 31 striking out the word "twice" where it occurs therein and amended substituting therefor the words "four times."

amended

9. Section 46 of the said Ordinance is hereby amended by Section 46 adding thereto the following words: "and a sum not exceeding $2.00 for every day for a period not exceeding six days in each year, and ten cents for every mile respectively necessarily occupied or travelled during such period in laying out or inspecting work done in the district."

amended

10. Section 57 of the said Ordinance is hereby amended by Section 57 adding thereto the following words: "and shall bear interest at the rate of six per centum per annum from the 31st day of December of the year in which they are imposed."

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